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HomeMy WebLinkAbout95-06274Ux In ~x~ I talon Id hole per l1y I iN T11E COURT OF COMMON 1'1.F.Ati OF CUM1iE1t1.ANU COUNTY, PFNNtiYLVANiA MICIiL'I.LC E. 1-IUKIs, NO. s)5-6274 I'1,AIN'1'Ii~I~ . ~,. t'lVll. AC'1'lON JACK A. 1•IOKi:, DI1~GNi)AN'I' DIVORCE JACK A. HOKL•', NO. 95-6678 1'1.AlNT'il:l' ~, ~ CIVIL ACTION MICHELLE L. HOKIs, DErI.NI)ANT' CUSTODY MICHELLE' L. 1-IOKL', NO. 14?0 S 1995 PLA1N'I'[FI~ v, C1V1L ACT'iON JACK A. HOKE, DCfL'•Nl)AN'f SUPPORT' PRAFCiPE TO WITHDRAW/ENTF.it APPEARANCE TO PROTHONOTARY: Please withdraw my appearance as counsel for Plaintiff in the above-captioned actions number 9S- GG78 and For Defendant in the above-captioned actigtinu rs 95-6274 d 1420 S 1995. Karen L. Scmmelman, Esquire Attorney for Jack A. 1-lake 30 North Georbc Street York, I'cnnsylvania 174U 1 Telephone #: (717) 846-8846 Supreme Court #: 29971 Please enter my appcarancc pro sc• in the above-captioned actions numbers 95-6274, 95-6678 and 1 a3il S 1995. Date: 9 ' ~~ -eaey ~'t L. l~' A. 1 Iuke, pro sc~ $ East Grern Slrcct Merhanitsbur~, Pcnnsyl~~ania 17(155 C') ~~, ~ ~ „~ ~'.. ~• M~ ~~ ,~7 ...i ~~~~~ ~] w ` ~ • • ~; •1 ' F[ v.. y, Pt~}f 1,}'d ~,~~:; ~~ ~ ~ ~ ~ e~ -_ !f *~ ,_ ~~~~~. ~4 i •~ y i' I ~i ~~. ~1 ~ l l+, ~~, l~I r +cR {~.~ f I I h~~% t ~ C ~~ *F Y ~~ 4 p ~k.~^~~h~ 0 ~ u k : 3' ~ ~"5+'l {{A~~ ` ~F9~ ti~F"1 t t ~~~ Ay,,.• J{~~'. tt vY~ ~'~ ~1 n}. I ~ f y j' E I £r ~ j n. ~~3 S a ` r ..+ ~ J~'y 6° w dY {F Y~ ~ ~ Via, ~~ a p. ~ 1,' I ~} ~{ ~ ~,»n r 1 e {, ,q: zw,41~: .r"`~ 4 ~~ ~.~ i~'+i'~ ~ ~s~~ 1 ~ x p: i FQ } S ~~ ~~' i.. ~ ii ~ 7 &, f °^ ' c ~~~ ~ 1 k z e w~~~~~; ~' rq ~j<li{ i tk+ ~~_ f~»y y~ ~' F i{t , "~ - 3 1 -~ '¢ py ~~, '*` '+i }~ RV _ ~~ .~ ~ g ` rya ~ ~ -~~,~~ ~.+ ;, ~ '~ t^r~` k ` • ~ ... K.k'• ~~ g i ~~ ~ at r ~. ; '.a ..~ .. =v t ,~ rv . r ~~ q `~ CNo ~ S ~ ~ n ~~~i~~~v .a t~~ ~ ~~ 3: _ _ ~.~yi ~~d #. F r:4 ~ .. aJ3`4 ,~ ~y`s ~ '4 ~" i Y~ * ~! 4; ifs ~~ ~'~"'i'~`;Ya~ }c~s "~z{ e' S L~ ~`z~~°y ,'~~4£r~y, t ~ yF .'~"v`Y ry ~ ! ~a~'„ C lM^~ ~vq ~ j c t .c`L",P ~ ~ ~ d "gyp -~' ~'~„ s f Y ~` ~ ~9 r ?~ e i" 1 c,a O ~= ~ f .. ,: ~.~. . ~ .~ t• ~1I.. ~ ~ (~qp~ .~p~ .rp qIC qp.. ;gyp".'d5"•7!•"{A WID<<OIDi'Gb: v11G' {~.'' •~6::5~•~...•y?.: r.~"'•'IG .?YL~ X751PiC>71~CCY'YdK:p7::GE•':dAEC:~JRC:Q~ G r~ij IN THE COURT OF COMMON -PLEAS !~ OF CUMBERLAND COUNTY STATE OF PENNA. > ~d ~+ .........MICHELLE..L._,HORE.- .................................. Plaintiff Vcrsus it Defendant ~ ~ _ ... _ ........................._ .. _......__... .......... li ..... .. ~ f3 DECREE IN r (DIVORCE ~ AND NOW, ... ~,G.4C.-r+ Va cT.. • Z. • • • • .. , 19.98. it is ordered and .; decreed that MICHELLE, L., HQKE • , , , , , • , , • • • .... , plaintiff, and ........................Jarx.z+.. xoKF, ................. ,defendant, are divorced from the bonds of matrimony. ;:', (r, 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; L None. The Post-Nuptial Agreement executed bx the parties•on ~~.. November 16, 1998 is hereby•incorporated•but not•merged into ;i; •••this Decree. ••••••••••••• ~ ii By The Cou t: R d ___....__ .... ~~ij.,eG. ~ .C .. , Attest: t~`~u1~ cuD'~~ ~ f `~ ~ Prolhonot R 7j. r, :ti •t':• •'X.• •:~• r.A} •Ai :~• Ni~:~i :~:• G}_•~ ^:~• ~:•~:~:• si •:~? •:~:• :Y.• •A:• ~:• :A• ~k ~ ~-~- •i d a ( ~a t ;/l~a~~r.~ ~ s . m ~ k. ~' ~ f is ~ 1.. .;: 1 j S1 :rj ~ ~ r a~ } %~ 1 t _ 4 N ' 1 , ~i~ f'A1 ~ ~2 ~~. t f J{ k~,-34 4 4 ' d { , _ Y t! n ~.: ~: ., ~ _ .,. L" .>. ti ? C' t ~.~ ( M1 ~. 2 Y + }"%r } . ~ ~ 5 ; ~~ ~ 5 s ~ F 1 Y e y F 1, ~ i Imo f) .. ~3 T ... •. ^ - d ~ ~ ~ r 4 _ 2 ~ 1. 1 ;i j i.. :r ti. x P. r' t, ~ ~~ 5 YET ~, L r r> ~ i y.., t d1i "' ~' ~ .{..l LAW OFFICER ~. ., '~~_. NOFFMEYER 8 BEMMELMAN ~ ' ~ JO NORTH OEOROE STREET ~ '~ '" - ~• ' '• YORK, PENNSYLVANIA 1701 :', ~S ,d NSNI• I JJWm-IJ•hula.mN-F~ I PROPERTY SETTLEMENT AGREEMENT BETWEEN MICHELLE L. HOKE AND ,TACK ALAN HOKF. Tnble of Contents I INTR ODUCTION . . ......................... ............... 1. SEPARATION.. .....................:................ 2 EXECUTION DATE . . ..................................... 3 NO INTERFERENCE . .. ................................ 4. DESCRIPTIVE HEADINGS ............................... . 11. PROP ERTY DISTRIBUTION ......... ......................... • 5. DIVISION OF PERSONAL PROPFRTY. ........................ . 6. PERSONAL INJURY AWARD .............................. . 7. MOTOR VEHICLES . .................................... 8. ACCOUNTS . ........................................... 9. PE NSION PLAN .. ....... ............................... a. Qualified Domestic Relations Order ..................... . lU. REAL F.STATF.. .................................... a. Use ofThc Funds .................................... b. Balance of Proceeds in Escrow Account ................... . I1. CREDIT CARDS ................. ... .... ... . ~ 12. EQUITABLE, DISTRIBUTION -GENERAL CONSIDERATIONS ... . 13. INTENDED TAX EFFECT OF DIVISION OF PROPERTY......... . 14. AFTER-ACQUIRED PROPERTY ............................. 15. PARTIES'DEBTS . ......... ........................... 111. COUNSEL FEES. COSTS AND EXPENSES ......................... 1G. COUNSEL FF,F.S . ...................................... . IV. CHILDREN ............................................... 17. Exemptions . ............................................ V. WAIVERS ....... ............... ........... .......~... 18. WAIVER OF PENNSYLVANIA DIVORCE, CODE RIGHTS, , , , , , , , , 19. WAIVER OF SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY . ....................... ................... 20. RELF.ASF, OF INTEREST IN SEPARATE, ASSETS . ............. . 21. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RF.LF.ASE ............................................... V1. CONTINUING RF.SPONSIBILITIF S . .............................. . 22. CONFIRMATORY DOCUMM:NTS .......................... . 23. ADDITIONAL INSTRUMENTS . ............................ . 24. FILING OF DIVORCE. WITH AFFIDAVIT OF CONSENT ........ . VII. DISCLOSURES .............................................. 25. FULL DISCLOSURE OF ASSF,TS . .......................... . Vlll. CLOSINGS .. ....... ..................................... 26. IiF.PRF,SENTATION BY COUNSF,L . ........................ . 27. NO MF RGF R IN DIVORCE . . .. .............................. . Page 1 1 1 1 I 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 S 5 6 6 6 6 6 6 7 7 7 ~` , I INSN{-Iu:16un-WMle.nw•FM I 28. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE.. ... .................................... • 8 29. PRIOR AGRF.EMF.NT . ........................... 8 30. SUBSEQUENT RECONCILIATION ........................... 8 31. ENFORCEMENT OF AGRF.F.MF.NT . ......................... 8 a. Eouitv ........................................... . 8 b. Action at Law. .................................. • 8 c. Costa. Exncnses. Fces ................................. 8 d. Code ~rovislona.. ............................... . 9 32. VOLUNTARY EXECUTION . ............................... 9 33. ENTIRE AGREEMENT... ............................ 9 35. MODIFICATION AND WAIVER ............................. 9 35. ITUS .................................. • 9 36. PARTIAL INVALIDITY. .................................. 9 37. BINDING F.FFF.CT. .................................... 9 38 TRIPLICATE COPIES 9 . . ................................... ~~ ,;; :51rP~, , ° ~ 's, ' I~:,e;~ eta ~ stn°N~,~~~,y~~~,'~' ~.-'. x ~' ~t r. ~`~ ~, )yam " s { ~ ~ 3 q s. a .o ~ 1 c" 4ay~~ %'i IIi i ~`^'~'d 4 ~CjtF'~1~, ., ~ ~,~ 11 .. . +x 3 '~ ~"~= ~ '~ ~ ~$ .. F4~z r ~ - ~-` ' i ~ ~' i y ~ ~ ~-..~.y`l ' ~,J .s^vv ~!`>, .; ,7~oSNM^IY:1hwn•IJ-MAc.mu-Pal 1'ROI'F.RTY SF.TTLF.MF.NT AGRF.F.MF.NT BETWEEN MICHELLE L H•OLKF. AND ,TACK ALAN HOKE D~ THIS AGREEMENT, mndc this ~~` day of NGro~ 197.. by and m~ ', between MICHELLE L. HOKE (hereinafter referred to as "WIPE"), of ~~~ in ~ , Cumberland County, Pennsylvania and JACK ALAN HO ~ (fierema cr re a red tc,-as "~ tmucsbur Y. Y "HUSBAND"), of 14 G Green N. Street, M~ ' g, Cumberland Count PennsQQlvani~! WHEREAS, the parties were murried on September 17, 1988 at llershcy,Aauphin Cuunty, ', 1'cnnsylvania; and WHF.KEAS, there were three (3) children burn of the marriage, namely, Lyndsai Michelle Hoke, date of birth, December 23, 1989; Karlce Michelle lioke, date of birth, November 25, 1992; and, Abby Michelle lloke, date of birth, February 3, 1994. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and 1-lusband to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to each other including, without limitation by specification:, the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by 1-lusband or ol'Flusband by Wife; and, in general, the settling of any and all claims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Codc of 1980. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufticicnt consideration, the receipt of which is hereby acknowledged, the parties mutually agree as follows: 1. INTRODUCTION 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart Irom the other party ut such place or places as he or she may, from time to time, choose or deem fit. 2. EXECUTION DATE. '1'hc date of the Agreement shall be construed to be Ute date on which the last party signs this document. 3. NO INTF.RFF.RENCF.. L'ach party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. d. DF.SCRII'TIVF. HF.AI)INGS. The descriptive headings used herein are,for convenience only. "they shall have no effect whatsoever in determining the rights or obligations of the partlos. ?', ; ;;, - s .•.l ,LOSNX-IO:4M1Un-IJ-hukw.mu• rw I PROPERTY SETTLEMENT AGREEMENT BETWEEN MICHELLE L HOKE AND JACK ALAN HOKE Opp THIS AGREEMENT, made this ~~ daY of ~~~~ ~ 197', by and m~ between MICHELLE L. HOKE (hereinafter referred to as "WIFE"), of eie` nn,erre e~yr,~d~t~~ .S}~ciX~a, Cumberland County, Pennsylvania and JACK ALAN HO~tl ~ r ' HUSBAND ), of 14 E. Green N. Street, M~ amesburg, Cumberland County, Pennsylvan WHEREAS, the parties were married on September 17, 1988 at Hershey,iDauphin County, Pennsylvania; and WHEREAS, there were three (3) children born of the marriage, namely, Lyndsai Michelle Hokc, date of birth, December 23, 1989; Karlee Michelle Hoke, date of birth, November 25, 1992; and, Abby Michelle Hoke, date of birth, February 3, 1994. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to each other including, without limitation by specification:. the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by llusband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980. NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties mutually agree as follows: 1. INTRODUCTION 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places ns he or she may, from time to time, choose or deem f it. 2. EXECUTION DATE. 1'he date of the Agreement shall be construed to be the date on which the last party signs this document. 3. NO INTERFF.RF.NCF.. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. DESCRIPTIVF. HEADINGS. 'I'hc descriptive headings used herein arc for convenience only. 'I'hcy shall have no effect whatsoever in determining the rights or obligations of the parties. -I lil Jwtl w'. Hun-Id•hule.m.r=F~ I 11. PROPERTY DISTRIBUTION 5. DIVISION OF PERSONAL PROPF.IiTY. Other than as set forth hercina(ier in this Agreement, the parties hereto, agree that the personal property of the parties has been divided to their mutual satisfaction. The parties agree that they shall rewin all personal property in their respective possession and waive all rights as to personal.property. in the possession of the other spouse as of the date of the execution of this Agreement. The following arc items of personal property currently in the possession of Wife which arc to be transferred to I lushand immediately upon execution of this Agreement: a. Grandmother's desk. b. Grandmother's punch bowl. Wife asserts she is unable to locntc this item, however, in the event it would be located, Wife shall immediately return to Husband. c. Grandmother's bureau. 6. PERSONAL IN.IURY AWARD. 1-lusband was involved in two (2) automobile accidents on June 4, 1994 and October 2, 1996, one of which occurred during the marriage. The net proceeds received as a personal injury award from the accident of June 4, 1994 which occurred during the marriage is a marital asset and shall be divided forty (40%) percent to Wife and sixty (60%) percent to Husband. Net proceeds is defined as the gross award less attorney fees, costs and expenses associated with the suit and any workman's Compensation subrogation rights. 'fhis Agreement shall constitute a lien on these proceeds to insure payment to Wife. Either party may submit a copy of this paragraph, the first and last page of the Agreement to Husband's personal injury attorney for enforcement purposes. Specifically, contemporaneously with the execution of this Agreement, Husband's counsel shall write a letter to the personal injury attorney placing him on notice that the net proceeds check should be written to Karen L. Semmelman, Esquire, as counsel for Jack A. Floke,. (n the alternative, it is agreed Husband's personal injury attorney may issue a check for forty (40%) percent of the net proceeds directly to Wife within ten (10) days of receipt. ' 'Che accident post-separation and any funds received from a lawsuit arising from such injury are non-marital proceeds belonging exclusively to 1-lusband. 7. MOTOR VEHICLES. The parties hereto agree that the motor vehicles have been divided to their mutual satisfaction. The parties agree that they shall retain the motor vehicle(s) in their respective possession and waive pll rights to the motor vehicle(s) in the possession of the other spouse as ofthe date of tlJC execution of this Agreement. The titles to the vehicles shall be executed by the parties, if appropriate, in order to effectuate transfer as herein provided, on the date of execution of this Agreement. R. ACCOUNTS. The parties hereto agree that the accounts of the parties have been divided to their mutual satisfaction. l'hc parties agree that they shall retain all accounts in their respective possession and waive all rights to accounts in the possession on the date of the execution of this agreement. 9. PENSION PLAN. 'I'hc parties acknowledge that Husband is employed by Conestoga Ceramic 'file Distributors, Inc. as a sales representative. As a result of this employment, he is entitled to numerous employment benefits, specifically a 401k profit sharing plan. Wife shall be shall be: entitled to sixty (60%) percent of the marital value of the funds is Husband's 401k profit-sharing plan as of the date of the I I/U;vtl-v~Num WM~1e mu~l.l separation, It is agreed that the marital value ol'Ihe 401k is Twenty-seven Thousand Eight Hundred Forty Dollars and Sevenly'1'wo ($27,840 72) Cents us of September 30, 1998. Thus, from Husband's 401 k Wife will receive Sixlcen 'T'housand Seven Ilundred Four Dollars ($16,704.00) Cents togclhcr with any and ull interest, dividends appreciation or loss on such sum between September 30, 1998 and the date of transfer pursuant to a QDRO us scl forth below. .~~>,uuny Order, The parties acknowledge that to transfer the funds to Wifc from 1lusband s profit-sharing plan, it is necessary to prepare a Qualified Domestic Relations Order (QDRO), Therefore, the panics agree that Wife shall cause a QDRO to be prepared and adopted as an Order of Court to effectuate the transfer of Sixteen Thousand Seven Flundred Four Dollars ($IG,704.00) together with any and all interest, dividends, appreciation or loss, to Wife's qualified retirement vehicle so as to protect the tax deferred status of the funds. Both parties agree to cooperate in securing the Domestic Relations Order and qualification by the ['Ian Administrator. 10. RF,AL--ESTATF• The real estate located at 512 Criswell Drive, Boiling Spring, Cumberland County, Pennsylvania was sold on Junc 11, 1996 and the net proceeds, after deduction for all expenses, lees and taxes in connection with such sale; and aRer satisfaction of the liens of the existing first and second mortgages, was placed into an escrow account with a lending institution. u• Use of The Funds. The parties acknowledge that they have both received advances from the proceeds in the escrow account. b, Buluncc of Proceeds in Escrow Account. The balance of the proceeds in the escrow account shall be distributed so that Wife receives sixty (60%) percent of the total amount of the real estate proceeds less payment for credit card and I~usband receives forty (40%) percent. Sixty (60%) percent of the total proceeds less payment for joint credit cards equals Twenty Thousand Three Hundred Six ($20,306.00) Cents and forty (40%) percent equals Thirteen Thousand Five Hundred Thirty-Seven Dollars and Thirty-7'hrce ($13,537.33) Cents. Wifc has previously received Fourteen Thousand Five Flundred ($14,500.00) Dollars, leaving a balance due her of Five Thousand Eight Hundred Six ($5,806,00) Dollars, plus sixty (GO%)ofany accrued interest. Ifusband has received Seven Thousand Five Hundred ($7,500.00) Dollars, leaving a balance due him of Six Thousand 'thirty-Seven Dollars and Thirty-Three ($6,037.33) Cents, plus fin•ty (40%) percent ofany accrued interest. It is agreed that Wife's counsel shall take all steps necessary in order to close the account and distribute the funds to each party. Such distribution shall occur simultaneously with the execution of this Agreement. 11. CRF.I)IT CARDS. I:uch parry hereby agrees to return any and all credit cards or charge plates which he/she may have in his/her possession to the party who is the owner of the account and agrees that any debts incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless from any obligations or institutions ol'suit commenced due to any charges made on the other party's card alter the dale of this Agreement. Any debts incurred on the credit cards or charge plates aRer the date of execution of this Agreement shall be the sole anJ exclusive responsibility of the charging party, who shall save harmless the other spouse I}om any obligation or institution of suit. Both parties understand importance to notify credit card companies or joint debts to remove name and/or close account.. ,.:,. I IiUrv1-4:JLm-IJ-Mie.mu-FM I 12. FOUITABLE DISTRIBUTION - CFNFR ON IDE ATIONS The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. § 3502(u) of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the murriage; the fact that it is the first marciage for Husband and the Rrst marriage for Wifc; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party, including the contribution of each spouse as a homemaker; the value ot'the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 13. INTENDED TAX EFFECT OF DIVISION OF PROPERTY. By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property ns herein provided. 14. AFTER-ACOUIRF.D PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereaRer acquired by him or her 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. 15. PARTIF,S' DEBTS. The parties represent and warcant to each other'that since separation, they have not incurred any debts or made any contracts other than for necessaries for which the other or the other party's estate may be liable. The parties shall not contract or incur any debt or liability for which the other spouse's property or estate might be responsible and shall indemnify and save harmless the other spouse tiom any and all claims or demands made against the other spouse by reason of debts or obligations incurred by him or her, and in the event the other spouse shall, at any time hereafter, be obligated to pay any debt or debts incurred by him or her, thence, and in such case, the other spouse may deduct and retain the sums he or she may be obligated to pay out of any future payments required to be made by him or her under this Agreement. 111. COUNSEL FF,F,S. COSTS AND F.XPENSFS 16. COUNSEL FF,ES. The panics hereby acknowledge that they are represented by counsel of their own choice and that each is responsible to pay their own attorney for all attorney's fees and legal expenses in conjunction with the negotiation and preparation of this Agreement, as well as other matters relating to the parties' marital claims under the Divorce Codc of 1980. 1 I f l )Ntl•4:)1un-IJ-hple.mu-Ftl I ~' i r rv. cIn 17. F.xemntionx. Husband shall be entitled to claim all dependency exemptions for the children for federal, state and local income tax purposes and Wife will refrain from taking such exemptions on her income tax rctums 1'or the 1998 tax year. The parties acknowledge that the present child support order is based upon I lusband receiving such exemptions and that the termination of such right to claim the exemption post-1998 tax year, is a basis for Husband to seek a child support moctificution if he so desires. Further Wifc agrees to sign IRS form 8332 as and when Husband may request so that he may appropriately claim the exemption on his rctum. In the event that the IRS changes its regulations or forms, Wifc agrees to sign whatever documents arc necessary so that Husband may claim the exemptions for the children. V. WAIVF.R.S 18. WAIVER OF PENNSYLVANIA llIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually or property acquired by Husband or Wife individually at any time aficr the cxcroution of this agreement shall remain the separate property of Husband or Wife and shall under no i circumstances be considered ns, or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed j to be and construed to be a valid agreement for the purpose of waiving the provisions concerning cquiwblc I` distribution as that term is used in the Pennsylvania Divorce Code of 1980, as amended. I 19. WAIVER OF SUPPORT ALIMONY PF.NDENTE LITE AND ALIMONY. Both parties acknowledge that this agreement sets forth their entire obligation for payment of spousal support, alimony pendentc lire, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation that now exists or may be created in the future. Unless specifically provided, each spouse waives their right to hercinaRer file any action, or claim, to file for modification or otherwise seek income contribution from the other. 2U. RF.LEASF. OF INTEREST IN SEPARATE. ASSETS. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. 21. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE. Except as otherwise herein provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or hercafier acquire, under the present or , future lows of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship including. without limitation. dower, thirds, courtesy, allowance, widow's allowance, homestead rights. right to take in intesWCy, right to take against the will of the other, and right to act as administrator/executor of the other's estate and each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. The parties waive and release any and all rights to ~ the other's cswte, including the rights ofset-off, any and all distributive shares and any and all rights of election provided for by the laws of this or any other state ar jurisdiction. • i • 5 tINSNtl• IU.16un-IJ•Ix,lemu-rN 1 Each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, action, causes of action, or suits at law, or in equity, of any kind or nature, for or because of any matter or thing done, omitted or suffered to be done by said other party prior to and including the date hereof; the parties specitcally waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees or any other marital rights as provided in the Pennsylvania Divorce Code, or any amendment. It is specifically acknowledged that the parties have secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their own comfort, maintenance and support, in the station of life to which they are accustomed. VI. CONTINUING RESPONSIBILITIES 22. CONFIRMATORY DOCUMENTS. Husband and Wife covenant and agree that they will forthwith (and within at least fifleen(IS) days alter demand therefore), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which are the property of the other. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of each other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT. Husband and Wife acknowledge that a divorce action was filed in the Court of Common Pleas of Cutberland County, Pennsylvania, on November 15, 1995 to No. 95-6274 Civil Term. Husband and Wife agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to § 3301(c) of the Divorce Code of 1980. The parties, therefore, agree to the following: a. Prior to or simultaneously with the execution of this Agreement, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final Decree in divorce. Further, both parties shall execute a Waiver of Notice of Intention to Request Decree under § 3301(c) of The Divorce Code of 1980 and file both with the Prothonotary of Cumberland County. b. Wife shall cause the divorce to be finalized by December 31, 1998. c. 1'Itc right to request counseling is hereby waived by the parties. VII. DISCLOSURES 2S. FULL I)1SCLOSURF. OF ASSETS. Each of the parties hereto acknowledges that he or slit is aware of his or her right, to engage in discovery, including but not limited to written interrogatories, }~LIIyNX Ill.Innm IJ M~Acn,.a fxl motions for production of documents, the taking of oral depositions, the tiling of inventories and appr:dstlnems, income and expense statements, pretrial stnttmcnts, and nll other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties spccilically waives his or her right to engage in such discovery or require the other party to life the rtyuisite documents. Each party has mode independent inquiry into the complete f inancial circumstances of the other party and is fully informed ol'thc income, assets, property and financial prospects of the other. Further, each party acknowledges they wtderstand and spccilically waive his or her right to have the estate and nsstts together with turnings and income of the other assessed or evaluated by the Court of this Commonwealth or any other Court ofcompetent jurisdiction. Each party hereby acknowledges, recognizes and accepts that there has been disclosure to the other of his or her assets and liabilities and agrees that any rights of further disclosure, evaluation, enumeration or statement thereof in this Agreement is waived because the parties do not desire to make or append 1'urthcr enumeration or statements. Each party acknowledges that a claim based upon incomplete or improper financial disclosure may not be a basis for invalidating or changing any ol'the terms of this Agreement. VII1. CLOSINGS 2G. RF.1'RF.SF.NTATION 13Y COIINSF.L. 'flee provisions of this Agreement and their legal affect have been fully explained to the parties by their respective counsel. Wife has employed and had the bl'nelll OI'COUnSCI Of Phlhp tI. SPAR, Esquire as her attorney. Husband has employed and had the benefit of counsel of Karen L. Semmclman, Esquire us his attorney. Each party acknowledges that he or she has received independent Icgal advice from counsel of his or her selection and/or has been advised of his or her right to independent Icgal counsel; that each fully understands the facts and has been fully informed as to his or her legal rights and obligations: that each party acknowledges rnd accepts that this Agreement is, under the circumstances, fair and equitublt, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge; that execution of this Agreement is not the result of any duress or undue inlluentt mtJ that it is not the result of any collusion or improper or illegal ugrctmtnt or agreements. hi addition, each party htrcto acknowledges that he or she has been fully advised by his or her respective attorney of the import of the Divorce Codt of 1980. Further, the parties acknowledge that the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony ptndente lilt, equitublt distribution of property, counsel fees and costs of litigation, and fully knowing the same and being fully advised of his or her rights thereunder, each party htrcto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein arc lair, just and equitable to each ol'the parties and hereby waives their respective rights to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction to make any dcttroAinution or order arletting a,e rtsptttivt parties' rights. Each of the parties hereto further covenant and agree lift themselves and their heirs, executors, administrators and assigns that they, he or she, will never at any time hcrcaltcr, sat the other party or his or her heirs, executors, administrators or assigns, in anv action, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress,'tindtu inlluentt or that there was any absence or luck of tidl, proper and independent representation. 27. NO MF.RGEIi IN DIVORCE.. When tither of the parties shall recover a final judgment ur dttrct of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by rtl'crencc or in suhstunce but shall not be deemed merged into such 11nISNN• IU ~M1Un•IJ•Mae.mu° rM I judgment or decree and this Agreement shall survive any such f inul judgment or decree of absolute divorce and shall be entirely independent thereof. 28. AGREEMENT TO IIF INCORI'ORATF.D INTO DIVORCE. DF.CRF.F.. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 'I'hc parties further agree that the Court of Common Pleas which may enter such Divorce Dccrec shall retain continuingjurisdiction aver the parties and the subject matter of this Agreement for the purpose of cnforcemcnt of any of the provisions thereof. 29. PRIOR AGREF.MF.NT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no etTect. 30. SUI)SF,OUF.NT RECONCILIATION. 'fhe parties agree that•the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agrcc in writing. 31. F.NFORCF.MF,NT OF AGRF.F.MENT. The parties agree that the following terms apply to the cnforcemcnt of their Agreement: a. F. ui It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Flusband or Wife in Equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make en objection on the alleged ground of lack of jurisdiction of the court because there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by this Agreement, but they agrcc as provided herein for the forum of equity in mutual recognition of the general jurisdiction of courts in Equity over agreements such as this one. b. Action at Larv. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. c. Casts. F,xnenses, Fees. Each party hereby agrees to pay all attotney'a fees, costs, damages or collateral expenses that the other spouse may sustain or incur In any way whatsoever as a . consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement, providing that the party who seeks to recover such fees, costs, expenses and damages, clearly. dcnumstrntes that a breach has in fact occurred. It is the specific agreement and.intent of the pattiea'that breaching and wrong doing party shall bear the burden and obligation of any costs, expettses':damagesaad I'ccs incurred by himself or herself, as well as the other party in endeavoring to pmtect;~zepfprceend preserve his or her rights under this Agreement. The parties acknowledge that the;hourl~ tale ehaTged by • 3 t €iw `CEZ~ } .J ~xv each of their counsel and counsel's paralegal at the time such breach occtus, is `an app t'a~e~for which they will he liable under this Paragraph. } ' ~ n,~;_y ~`t , t ~ ~ A3~~i,.,la3'C~,f ~~ ~ FFF P ..y ~ ,.t -x:9~~t i , Y(~t R ¢I (~ et1~ °~; _r ka u[x~. ~2Md Jt.` 4'S}~a ~Sf r'.a 'e ; .}F m f 61IS,W pf Anun-IJ-hula mw-Pw 1 d. Code nravisian+. For enforcement purposes of any terms of this Agreement, the parties specifically acknowledge that the February 12, 1988 amendments to the Divorce Code of 1980 apply to this Agreement, including, but not limited to, § 3105 and § 3502(c). The parties specifically acknowledge, however, that the application of the Amendments for purposes of enforcement do not entitle the Court to modify the private terms of this Agreement as set forth in this Paragraph. Rather, they specifically affirm their concurrence to these terms. 32, VOLUNTARY F.XF.CUTION. The provisions of this Agrcemcnt and their legal efl'cct have been fully explained to the parties by counsel and each puny acknowledges that this Agrcemcnt iy fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or wtduc inllucnce. 33, F.NTIIiF. AGRF.EMF.NT. This Agrcemcnt contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 35, MODIFICATION AND WAIVER. A modification or waiver of any ot'the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agrcemcnt shall not 6c construed as a waiver of any suhscquent default of the same or similar nature. Any waiver by either party of any provisions of this Agrcemcnt or any right or operation hereunder shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right or option and the failure of either party to insist in any one or more instances upon the strict performance of any ol'the terms or provisions oC this Agreement by the other party shall not be construed as n waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and cl7cct. 3S. S1TUS. This Agreement shall be construed and governed in accordance with the laws of the Convnomvcalth of Pennsylvania in existence at the date of execution of this Agrcemcnt. 3G, PARTIAL INVALIDITY. If any provisions oC this Agreement are held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 37. Ii1NDING F.FFF.CT. Gxcept as otherwise stated herein,.all provisions of this Agreement shall be binding upon the respective heirs, next of kin, and personal representatives of the parties. 38, TRII'LICATF. COPIES. The parties hereto agree ihat the within Agreement shall be executed by them in triplicate originals. TINSNI- WA6un-WIale.mw-rx I IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Agreement in triplicate (?) counterparts, each of which shall constitute an original. SIGNED, SEALED AND DELIVERED IN "1'1IE PRESENCE OF: Wit ess , MICHELLE L. HOKE tC/ ~ ~c-a '/ O'*~-~- JACK ALAN HOKE ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA :SS: COUNTY OF CUMBERLAND On this, the ~ day of I~OV+vvr~v 19~before me, the undersigned officer, personally appeared MICHELLE L. HOKE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I Notury Public MCE: COMMONWEALTH OF PENNSYLVANIA COUNTY OP YORK and official seal. . SS: Expuas ': On this, the ~ day of ~n vtw~t~ 199~before me, the undersigned officer, personally appeared ,LACK ALAN HOKE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. . SEAL) Notary Public MCE: NOTARULLSEAL DARLENE E. DUBS, NOTARY PUBLIC I 0 YORK, YORK COUNTY, PENNSYLVANIA MY COMMISSK)N EXPIRES NOV. 27, 2001 IN WITNESS WEIEREOF, I hercu set my hand an flicial seal. G~~ L MICHELLE L. HOKplaintiff uw orncc~ SNELBAKER. BRENNEMAN 9 SPARE v. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6274 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: By certified mail, restricted delivery on Defendant November 3, 1995. (See Affidavit oP Service filed herein) 3. Data of execution of the Affidavit of Consent required by Section 33o1(c) of the Divorce Code: by the Plaintiff: November 10, 1998; by the Defendant: October 23, 1998. 4. Related pending claims: None. 5. Date of execution of Waiver of Notice of Intention to Request Entry of Divorce Decree under Section 3301(c) of the Divorce Code: by the Plaintiff: November 10, 1998; by the Defendant: October 23, 1998. Date: November 23, 1998 SNELBAKER, BRENNEMAN & SPARE, P. C. I By~At ornays Por Plant ff •• • s 7. - ~ L MICHELLE L. HOKE, Plaintiff v. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF s CUMBERLAND COUNTY, PENNSYLVANIA i NO. ~~ j = (`Zy~-CIVIL TERM IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU 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 WHERE YOU CAN GET LEGAL HELP. court Administrator one Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 uw orneu SN[LDAKlR e BRENNEMAN SNELBAKER & BRENNEMAN, P.C. / r 1/ By Att nay for Pla nt ff MICHELLE L. HOKE, _ Plaintiff v. . JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9,Y G.~ 7y CIVIL TERM IN DIVORCE 1. The Plaintiff in this action is MICHELLE L. HOKE, an adult individual, who resides at 512 Criswell Drive, Boiling Springs (Monroe Township), Cumberland County, Pennsylvania 17007. 2. The Defendant in this action is JACK A. HOKE, an adult individual, who currently resides at 20 Creamery Drive, Boiling Springs (South Middleton Township), Cumberland County, Pennsylvania 17007. 3. Both the Plaintiff and Defendant have been bona..tida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in .~ marriage on September 17, 1988 at Hershey, Dauphin Coiittx, .~}°?~ ,r~ , ~J ~yf, 3Y 5 ~ `; Pennsylvania. , ~. ,'gt `" 5. Thera have been no prior actions of divoroe~o ~<~_ ~'; ~, „' "t"` uw ornces 't'+ ~ ~* * ~ 4t t ,} SNELRRKER for annulment between the arties hereto in this`~or'an~§o~11ik'.:~~'~~, & P ~ s t't~u~'ss~. FrY ~fs~ ~tF ~ Ztc +V BRENNEMAN xrsi ~ + 14 ~. jurisdiction. '°'~`' ` =~=~ ~_. ' _ 't-~;. ~; 6. Neither party is a member of the armed forces of the United states of America. 7. The Plaintiff avers as the grounds upon which this action is based: a. that the marriage between the parties hereto is irretrievably broken; and b. that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff, Michelle L. Hoke, requests your Honorable Court to enter a decree of divorce, divorcing the Plaintiff Prom the bonds of matrimony heretofore existing between the Plaintiff and the Defendant. lo. Paragraphs 1-9 of this Complaint are incorporated herein by reference. 11. Plaintiff and Defendant have acquired property both uw anicu S NELBAKER BRENNEMAN .' ~?.- real and personal during their marriage from September 17, 1988 until the date o! final separation, October 13, 1995. 12. Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property. WHEREFORE, Plaintiff, Michelle L. Hoke requests your Honorable Court to order equitable distribution o! marital property. 13. The Plaintiff requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the parties marriage. 14. The Plaintiff requests this Court to allow alimony and alimony pendente late as it deems reasonable pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Code. 15. The Plaintiff has employed SNELBAKER & HRENNENAN, P.C., as counsel and, because of the anticipated litigation expenses and coats, and her lack of income, is unable to pay Por the expenses oP counsel and litigation. The Plaintiff requests the Court to allow her reasonable counsel fees, costa and expenses pursuant to Section 3702 of the `"""°""" IlPennsylvania Divorce Code. SNELU~KER a BRENNEM~N -3- ~~ WHEREFORE, Plainti!!, MICHELLE L. HOKE, requests your Honorable Court to: (a) order Defendant to pay alimony and alimony pendente lite to Plaintiff in such amounts as the Court deems reasonable; (b) andeexpensestasftheaCourtfdeemsureasonable;cands (c) order such other relief as the Court deems just and reasonable. SNELBAKER & BRENNEMAN, P•C• Ph3~~ SPa~, Esqu re 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Data: October 31, 1995 MichellesLfoHokeaintiff ES.~4 rc k3 ~£,Y S ' ~ Y s1,., e} y'P.n~ ~ '-~f 5. t n +~t ~ ,. 3F1.1 ~ ~ ~yt S . Y2 } LS I j} ' ~"}.{ ~Si S FS AI 6' -Y £ ~'', a L~ C V. .. i ~ ~(~~ S LAW OIFlCU ~ ""'w;° "~ $~ ~IK _ '~ ~ ~} SNELfll1KEN .. t ~~ M ' BflENNEM4N ~ - 't~ ~tkr~. a +: ,y t ~ Yx .. i t '~ ' ' ~ ~ 3 r _ ' ~ L4 ~ ~ ~ C L ? ~ v ~~ , , I verily that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. ~~ ~~ M chelle L. Hoke Date: October 31, 1995 uw orno~s SNlLBAKER e BRENNEMAN MICHELLE L. HOKE, Plaintiff V. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM IN DIVORCE MICHELLE L. HOKE, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do ~L47 request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject uw ornoco S NELB~KER e BRENNEMAN to the penalties of 18 Pa. C.S. $ 4904 relating to unsworn falsification to authorities. M chelle A. Hoke (Plaintiff) Date: October 31. 1995 MICHELLE L. HOKE, Plaintiff v. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6274 CIVIL TERM IN DIVORCE NOTICS If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT DNDSR BSCTION 3301(dl OF THS DIVORCE CODS 1. The parties to this action separated on October 13, 1995 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that i may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true uw orncee SNEIEAKER. BRENNEMAN 8 SPARE hand correct. i understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 84904 relating to unsworn (falsification to authorities. M challe L. Ho e Plaintiff (Date: October /3 , 1997 MICHELLE L. HOKE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95-6274 CIVIL TERM JACK A. HOKE, . Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Michelle L. Hoke, Plaintiff in the above captioned action in divorce; that on November 1, 1995, he did send to Defendant Jack A. Hoke by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. Z 115 967 410; that said Complaint and cover letter were duly received by Jack A. Hoke, Defendant herein, as evidenced by the return receipt card for said certified mail dated November 3, 1995; that a copy of the aforementioned cover letter dated November 1, 1995, is attached hereto and incorporated by reference herein as "Exhibit A" and that the uwo,•~=•• original Receipt for Certified Mail and the Domestic Return SNELBAKER• BRENNEMAN Receipt are attached hereto and incorporated by reference herein ft SPARE as "Exhibit B"; and that the foregoing Pacts are true and correct to the best of his knowledge, inlormation and belie!. P 1 H. Spare sworn to and subscribed before me this o'j0 ~ day of July, 1998. IbISklBed I~ d N7hry 1~1~-~ , '+~nbRt PaEBY1+mi P®ad~0on d Nrt~ uw on~cn SNELBAKER. BRENNEMAN & SPARE RICHARD G SNLWKlR xertN o. eReNNUtiw -HRJP N. SMR! SNELBAKER 8 BRENNEMAN A -ROIWIONAL CORpM710N AlTO1WEY5 AT (hW .w •wnr MnIN 3TR!!r MECHANICSBUttG, PENNSYLVANIA 17055 7V•eD7•eS]e November 1, 1995 Jack A. Hoke 20 Creamery Drive Boiling springs, PA 17007 P. o. wx ale -nalMlls Inn ewaeel Re: Hoke v. Hoke No. 95-6274 Civil Term Divorce Action In the Court of Common Pleas of Cumberland County, PA Dear Mr. Hoke: Enclosed please find a certified, true and correct copy of dateCinpthanCourtOof CommonhPleasgofaCUmberland Countyled this Pennsylvania. Vary truly yours, Philip H. Spare PHS/sZ Enclosure CC: Michelle Hoke (w/enclosure) Via certified mail, restricted delivery, return receipt requested, Parcel No. Z 115 697 410 EXHIBIT A 4.. ' f4.i.~ s. _ ~. uw orncu SNELBAKER, BRENNEMAN a SPARE 2. 115 697 410 Receipt for Certified Mail No Ineuranca Covarape Provided ~$ ~ Do not uu 1or Intemadonel Mell ISes Rawaal a~ O San al Jack A. Huka Srlwl .a ho 20 Creamer Drive P U., SYY Mtl bl• [aM Huilin S rin e, PA 170 IbIWu cwu.alw 1.10 SpiCYI [41wwr Iw R.mKIN u.l~r r.. 2.75 wn+~ 1Y 1.10 P,tw Iryl Dtl,. ~Jd ro 1 .,• b ~ er rbs Ik Sp$ liXHIBIT B uw ornecs SN[LBAKBR. BR[NN[MAN Q SPARE MICHELLE L. HOKplainti!! vs. JACK A. HOKE, Defendant TO THE PROTHONOTARY: i IN THE COURT OF COMMON PLEAB OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6274 CIVIL TERM IN DIVORCE Kindly withdraw PlaintiP!'s claim for alimony in the above- captioned case. SNELBAKER, HRENNEMAN & SPARE, P. C. Date: October f~ .1998 By: /Ir~C:ay//fN/,w-P P 1 p H. pare, Esqu ra Pa. Supreme Ct. ID ,65200 44 W. Main street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys Por Plaintiff Michelle L. Hoke ... r.:v.sRUTTrsavl4"mRani+F%e~ws~w.xY'eVAinP4sWk s~TrYy~^s tr..Y ex. .:... . ... ^. ~ I ~ I CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that i have, on the below date, caused a true and correct copy oP the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS ATT.. pl1CTAP_F. pRF.pATn, annn~eCFn *n~ FOLLOWS' Karen L. Semmelman, Esquire HoPPmeyer & semmelman 30 North George Street York, PA 17041 P 1 p S are, Esqu re SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: October ~y ..1998 SNELBAKER. - BRENNEMAN & SPARE MICHELLE L. HOKE, : NO. 95 - 6274 PLAINTIFF v. JACK A. HOKE, CIVII. ACTION -LAW DEFENDANT :DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on November 1, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken.and ninety (90) days have elapsed from the date of filing and service of 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. I verify that the statements made in this Affidavit are true and correct. [understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: I6 ~~ QY y` a' Ja A. Hoke, Defendant '; MICHELLE L. HOKE, N0. 95 - 6274 PLAINTIFF : v, CIVIL ACTION - LAW JACK A. HOKE, DEFENDANT DIVORCE waTVER OF NOTTCB OF INTENTION TO REOUEBT ENTRY OF A DIVORCE DECREB UNDER atenTTON 330~(C) OF TSE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that i may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do npt claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree ie entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are .true and correct. I understand that false statements herein are made subject to the pezaltiea of IB Pa.C.S. Section 4904 relating to unaworn falsification to authorities. DATE : !• Q ~~` ~ ~~ .~ '~~~~ _ J c A. Hoke, Defendant MICHELLE L. HOKE, . Plaintif! v. . JACK A. HOKE, . Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6274 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIHB~B AHHIDAVIT OH CON8E1iT I?NDER 6ECTION 3301(C) OH TEE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 1, 1995. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed Prom the date of the filing and service of 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 verify that the statements made in this Affidavit are LAW OFFICER SNELBAKER. BRENNlMAN a SPARE true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. $4904, relating to unsworn falsification to authorities. Date:IlUl/. ID I~lq~l ~!(l~C~ M chelle L. Ho e ^^ LLE L. HOKE, i IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA y, NO. 95-6274 CIVIL TERM CIVIL ACTION - LAW A. HOKE, : Defendant IN DIVORCE PL7IINTI!!~B RAIVER O! NOTICE O! INTENTION TO REQOEET ENTRY IINDER BELT ON 33011 O! 0) 71 DIVORCE O! TEE DIV DECREE ORCE CODE 1. I consent to the entry of a final decree of divorce thout notice. 2. I understand that I may lose rights concerning division of property, lawyers fees, or expanses if do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a vorce decree is entered by the Court and that a copy of decree will be sent to me immediately after it is filed the prothonotary. 4. I verify that the statements made in this affidavit true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. S 04 relating to unsworn falsification to authorities. . ~©~~~~ M chelle L. Hoke LAN OFFICER SNELBANER. eRENNEMAN a SPARE r MICHELLE L. HOKE, s IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 95 - 6274 CIVIL JACK A. HOKE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ~_ day of 0 t r 1998, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 16, 1998, the appointment of the Master is vacated and counsel can Pile a praecipe transmitting the record to the Court requesting a final decree in divorce. cF~~ cc: Philip H. Spare Attorney for Plaintiff Karen L. Semmelman Attorney for Defendant • ~, ,ri.n~B•-~, r tl~ 4f ~ Y. ~~~ t ~ i~R~l,~~2y ~s ~~t ~ ,/~v. a v, l4'~~ BY THE COURT, 1 InIL4Y' III Ibua-WIw~lu.mw-PY I ' . 1'ROI'ERTY SF7TLEMFN'1' AGI2I:EMENT BETWEEN MICIIFI 1 E I HOKF AND TACK AI AN HOKE 'fable of Contents Page 1. 11. I 1 11. V. Vll 1L~20DUCTION .......................................... V. VI. VI11. CLOSINGS ...... .. ....................................... 26. REI'12ESEN'1'A'r10N 13Y COIINSF.I. . ........................ . 27. NO MERGER IN 111VORCE . .............................. . I 1 1 I 1 2 2 2 2 2 2 3 3 3 3 3 3 4 4 4 4 4 5 5 5 5 5 5 5 6 6 6 6 G 6 7 7 7 1. S~1'ARATION ........................................... 2. EXECU'r10N DA'fl:. ... ............................... . 3. Vl_OINTEI2EI:RENCF .. .................................... 4. DESCRIPTIVE IIEADIN(:S ............................... . 1'It01'ERTY DISTRIBUTION .... ............................... 5, DIVISION OE PERSONAL PROPERTY . ........................ . G. PERSONAL INJURY AWARD .............................. . 7. MOTOR VEHICLES . ................................... . S. ACCOUNTS . .......................................:... 9. PENSION PLAN ............................................ y,, Qualified Domestic Relations Order ..................... . IU. REAL ESTATE . ........................................ a. UscofTheFunds .................................... h. Balance of Proceeds in Escrow Account ................... . I1. CREDIT CA12DS ......................................... 12. ['OUITABLC DISTR113UTION GENERAL CONSIDERATIONS. ... . l3. INTENDED TAX EFFECT OF DIVISION OF PROPERTY......... . 14. AFTER-AC )UC II2FD 1'I20PF.RTY, ........................... . I5. PARTIES'DEBTS . ...................................... COUNSEL FEES COSTS AND EXI'BNSES .....:................... IG. COUNSEI.FEES . ....................................... CHILDREN ................................................. 17. Exemptions . ............................................ WAIVERS •••RIGHTS.•.••••••. l8. WAIVER OE PENNSYLVANIA DIVORCE. CODE • • • 19. WAIVER OF SUI'1'ORT ALIMONY PFNDFNTF. LITE AND ALIMONY . ............................................ 211. RFLEASI' OF INTI'ItEST IN SEI'ARATIs ASSETS . ............. . 21. WAIVCR OF CLAIMS AGAINST ESTATES AND MUTUAL REL(:ASE ....................... ....................... CONTINUING RESI'ONS1131L1'r1ES .............................. . 22. CONFIRMATORY DOCUMENTS .......................... . 23. ADDITIONAL INS9'RUMF.NTS . ........................... . . 24. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT ........ . DISCI.OSUI2F.S .............................................. 25. FULL DISCLOSURE OF ASSETS . .......................... . '1 In1fNY' ~11:~6y111`I11'IM1~Y~IIIIA'I'/ I . ~ ~ ~ ~ ~ , . 28. AGREF.MF.NT TO 1311: INCORPORATED INTO DIVORCE C F _" 29. DF. RF. ... ..................................... P121OR ACRF,EMENT ...................... 30. SUBSEQUENT RIsCONCILIATION .......................... . 31. F.NFORCF.MF.NT OF AGREF.MF,NT . ........................ . a. Eouitv .. ........................................ , b. Action ut Lnw . .................................... . ~~-~- C. C09t9. E%nl'n9l'Y. Foes . ............... .............. . d. CoJc Provisions . ...................:............... . 32. VOLUNTARY EXECUTION . .............................. . ~` 33. ENTIRE AGREEMF.NT ................................... . 3S. MODIFICATION AND WAIVER ......................... . . 3S. SITUS . ............................................~... 3G. PARTIAL INVALIDITY . .................................. 37. BINDING EFFECT . ...................................... 38. TRIPLICATE COPIES . ...............................:... 8 8 8 8 8 8 K 9 9 9 9 9 9 9 4 ~ IIIUSP/Y-IIL~M1~IIhW'INIICAW4-tMI 1'ROI'E12TY SIsTTLF.MGNT ACIt~fMI' NT 131~.TWI:F.N MICHF,LL[s L FIOKf AND /ACK Al AN flOK~ TIi1S ACI21sGMCNT, made this ~~ day of _ ~~, 19~, by and ~t{ between MICII~LLI's L. IIOK[: (hereinafter referred to as "WII~L"), ol~ •' Srrirrgs, Cumberland County, Pennsylvania t and JACK ALAN fi0 ~ h Bret tat e~'re a cd o ufi'I' "I IUSI3AND"), of 14 [:. Green N. Street, Mac tat icsburg, Cumberland County, PennsyQlvaniu. WIIGRGAS, the parties were married on Seplentber 17, 1988 at llorshcy, ~Uut~iphin County, I'ennsylvunia; and WIILsRGAS, there were three (3) children born ol'the marriage, Homely, Lyndsai Michcllc liokc, date of birth, December 23, 1989; Karlee Michcllc Hoke, dote of birth, November 25, 1992; and, Abhy Michelle llokc, date of birth, February 3, 1994. WFICsRCAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and husband to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all mutters between them relating to the past, present and )'afore support, alimony and/or maintenance of Wile by Husband or of Flusband by Wil'c; and, in general, the settling ol'any and all clnims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980. NOW, T1ICRGROKI:, with the foregoing recitals being hercinntter incorporntcd by reference herein cmd deemed as mt essential purl hereof; and intending to be legally bound hereby, and for other good and sut7icicnt consideration, the receipt of which is hereby acknowledged, the parties muutally agree us litllows: 1. INTRODUC'1'ION L SCPAI2ATION. It shall be lawlid for each party at all times herenfler to live separate foul apnrl from the other party at such place or places as he or she may, from time to time, choose or deem fit. 2. I:X000'f10N DATfs. The date of the Agreement shall be construed to be llte date on which the Inst party signs this document. 3. NO IN'flsR~1:RI:NCB. Each parry shall be free from interference, authority and control, direct or indirect, by the other us fully as if he or she were single cmd unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohnbit or dwell with him or her. 4. UI~.SCRII''1'IVI, HIsADINGS. 9'hc descriptive headings used herein me for convenience only. 'They shall have no effect whatsoever iu detcnnining the rights or obligations of the parties. , II/I1r11. V;Ir+m•IJ•Iwlanua•rYl I1. 1'ROPEI2TY DISTRIBUTION 5. DIVISION OF PERSONAL 1'ROI'ERTY. Other than as set forth hereinuller in this Agreement, the parties hereto agree that the personal property of the parties has been divided to their mutual satisfaction. The parties agree that they shall retain all personal property in their respective possession and waive all rights as to personal property in the possession of the other spouse as of the dote ul' the execution of this Agreement. The following arc items of personal property currently in the possession of Wife which are to be trnnsl'errcd to llusband immediately upon execution of this Agreement: a. Grandmother's desk. b. Grandmother's punch bowl. Wife asserts she is unable to locate this item, however, in the event it would be located, Wifo shall immediately return to I-lusband. c. Grandmother's bureau. G. PERSONAL INJURY AWARD Husband was involved in two (2) automobile accidents on June 4, 1994 and October 2, 199G, one of which occurred during the marriage. The net proceeds received as a personal injury award from the accident of June 4, 1994 which occurred during the marriage is a marital asset and shall be divided forty (40%) percent to Wife and sixty (60%) percent to Husband. Nct proceeds is defined as llte gross award less attorney fees, costs and expenses associated with the suit and any workman's Compensation subrogation rights. This Agreement shall constitute a lien on these proceeds to insure payment to Wife. Either party may submit a copy of this paragraph, the first~nnd last page of the Agreement to Husband's personal injury attorney for enforcement purposes. Specitically, contemporaneously with the execution of this Agreement, Husband's counsel shall write a letter to the personal injury attorney placing him on notice that the net proceeds check should be written to Karen L. Scmmelman, L'squire, as counsel for Jack A. 1-loke,. In the alternative, it is agreed Husband's personal injury attorney may issue a check for forty (40%) percent of the net proceeds directly to Wife within ten (10) days ol'receipt. "I'he occident post-separation and any funds received from a lawsuit arising from such injury are nun-marital proceeds belonging exclusively to (lusband. 7. MOTOR VEIIICLES.'I'he parties hereto agree that the motor vehicles have been divided to their mutual satisfaction. 'fhe parties agree that They shall retain the motor vehicle(s) in their respective possession vid waive all rights to the motor vehicle(s) in the possession of the other spouse as of the date of the execution of this Agreement. The titles to the vehicles shall be executed by the parties, if appropriate, in order to effectuate transfer as herein provided, on the date of execution of this Agreement. R. ACCOUNTS. The parties hereto agree that the accounts of the parties have been divided to their mutual satisfaction. The parties agree that they shall retain all accounts in their respective possession and waive all rights to accounts in the possession on the date of the execution of this agteement. 9. PENSION PLAN. 'fhe parties acknowledge that Flusband is employed by Conestoga Ceramic 'f'ile Distributors, Inc. as a sales representative. As n result of this employment, he is entitled to numerous employment bcnelits, specifically n 401k prolit sharing plan. Wife shall be shall be entitled to sixty (60%) percent ol'the nmrital vtduc of the funds in liushund's 401k prolit-sharing plan as of the date of the : vUrvru.uun-:4-:..lenu.-h.: separation. It is agreed that the marital value of the 401k is Twenty-seven'Chousand Eight I lundred Forty Dollars and Seventy=two ($27,840.72) Centsps of September 30, 1998, Thus, from Husband's 401k Wile will receive 5ixteen'Chousund Seven lfundred Four Dollars ($16,704.00) Cents together with any and all interest, dividends appreciation or loss on such sum between September 30, 1998 and the daft ol'trunsfcr pursuant to u QDRO us set forth below. u. Qusdified Domestic Relations Order. The parties acknowledge that to trnnsfer the funds to Wife from I lusbund's profit-shoring plus, it is necessary to prepare u Qualified Domestic Relations Order (QDRO). Therefore, the parties agree that Wifc shall cause a QDRO -o be prepared and adapted us nn Order of Court to effectuate the transfer of Sixteen Thousand Seven 1-lundred Dour Dollars ($16,704.00) together. with any and all interest, dividends, appreciation or loss, to Wife's qualified retirement vehicle so us to protect the tux deferred status of the funds. Both parties agree to cooperate in securing the Domestic Relations Order and qualification by the Plan Administrator. 10. REAL I:STATIs. The real estate located at S 12 Criswell Drive, boiling Spring, Cumberland County, Pennsylvania was sold on June 11, 1996 and the net proceeds, after deduction for all expenses, Ices and tuxes in connection with such sole, and utter satisl'uction o!' the liens of the existing first and second mortgagis, was placed into an escrow account with u lending institution. a. Usc of The finds. The parties acknowledge that they have both received advances from the proceeds in the escrow account. , b. balance of 1'racceds in Cscrow Account.'I'Ite balance of the proceeds in the escrow account shall be distributed so that Wifc receives sixty (60%) percent of the total amount ol'the real estate procceds Icss payment for credit card and I lusband receives forty (40%) percent. Sixty (60%) percent of the total proceeds less payment I'or joint credit cards equals 'twenty Thousand 1'hrce Flundred Six ($20,306.00) Cents and forty (40%) percent equuls'I'hirtcen'I'housund Five I lundred'thirty-Seven Dollars and "Thirty-Three ($13,537.33) Cents. Wil'c has previously received Fourteen 'T'housand Five Flundred ($14,500.00) Dollars, leaving a balance due her ol'I~ive'1'housnnd Eight 1-lundred Six ($5,806.00) Dollars, plus sixty (GO%) of any accrued interest. I lusband has received Seven Thousand live 1lundred ($7;500.00) Dollars, leaving a balance due him of Six 'thousand 'thirty-Seven Dollars and Thirty-Three ($6,037.33) Cents, plus forty (40%) percent of any accrued interest. It is agreed that Wife's counsel shall lake all steps necessary in order to close the account and distribute the funds to each party. Such distribution shall occur simultaneously with the execution of this Agreement. ! 1. CREDIT CARDS. Each party hereby agrees to return any and all credit curds or charge plates which he/she may have in his/her possession to the party who is the owner of the account and agrees that any debts incurred on any credit cards or charge plates not returned to the other party shall be the sole and exclusive responsibility of the party who charged the debt. Each agrees to save the other harmless t'rom any obligations or institutions ot'suit commence) due to any charges made on the other party's card :d'ter the daft of this Agreement. Any debts incurred on the credit cards or charge plates a4er the date of execution of this Agreement shall be the sole and exclusive responsibility of the charging party, who shall save harness the other spouse Isom any obligation or institution of suit. both parties understand imporl.•nuc to notify credit curd companies or joint debts to remove name and/or close nccounL , II/UNMyvUumW-Iwls.mu•F~1 12. FOUITAI3LF DISTR113UTION - CFNFRAI CONSIDFRATIONS The parties hove attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 1'a. C,S.A. § 3502(x) of the Pennsylvania Divorce Code, anJ taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for husband and the lust man~iage for Wile; the age, health, station, amount and sources of income; contribution of each party to the education, training or increased earning power of the other party; the opportunity of each parry for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution ar dissipation of each party, including the contribution of each spouse as a homemaker; the value oC the property set apart to each party; the standard of living of the parties established During the marriage; and the economic circumstances of each party nt the time the division of property is to become effective. 13. INTGNDCU TAX GFF6CT nF DIVISION OF PROI'FRTY lay this Agreement, the parties have intended to cftectuate an equal division of their marital property. The parties have detcnnincd that such equal division conforms to u right and jus- stmidard with regard to the rights of ouch party. The division of existing marital property is not, except as may be otherwise expressly provided herein,"intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a port of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harniless from all income taxes assessed against the other resulting from the division of the property as herein provided. 14. AFTER-ACOUIRF,D 1'ROPF.RTY. Hach of the panics shall herealer own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her with full power in him or her to dispose of the same us fully and effectively, in all respects and I'or all purposes, us though he or she were unmarried. 15. PARTIES' Dhf3TS. The parties represent and warrant to each other that since separation, Ihcy hzrvc not incurred any debts or made any contracts other than for necessaries for which the other or the other party's estate may be liable. The parties shall not contract or incur any debt or liability for which the other spouse's property or estate might be,respogsible and shall indemnify and save harmless the other spouse from any and all claims or demands made against the other spouse by reason of debts or obligations incurred by him or her, and in the event the other spouse shall, at any time hereafter, be obligated to pay any debt or debts incurred by him or her, thence, and in such cast, the other spouse may deduct and retain the sums he or she may be obligated to pay out of any future payments required to be made by him or her under this Agreement. II1. COUNSEL FRI~:S, COSTS AND FXI'FNSFS 16. COUNSF,L FBIsS. The parties hereby acknowledge that they arc represented by counsel of their own choice and that each is responsible to pay their own attorney for all attorney's ices and legal expenses in conjunction with the negotiation and preparation of this Agreement, ns well as other mutters relating to the parties' marital claims under the Divorec Codc of 1980. ..~.. 1~/U/v44.Uun-Whu\a,mu-r~l IV. CIi1LDREN 17. F.xem -t ons. Husband shall be entitled to claim all dependency exemptions for the children for Icdcrul, state and local income tax purposes and Wife will refrain from taking such exemptions on her income tax returns for the 1998 tax year. The parties tieknowleJge that the present child support order is based upon Husband receiving such exemptions and that the tcrntinution of such right to claim the exemption post-1998 lux year, is a basis for Husband to seek a child support modification if he so desires. further Wife agrees to sign IIiS form 8332 ns tend when llusbtutd may request so that he ratty appropriately claim the exemption on his rctum. In the event that the IRS changes its regulations or forms, Wife agrees to sign whatever documents are necessary so that l lusbtutd may claim the exemptions for the children. V. WAIVERS ' 18. WAIVER OF PENNSYLVANIA DIVORCE CODE. RIG-ITS. All property set apart herein either now or in the Cuture as the separate property of either Husband or Wife and all properly now owned by or titled to l lusbund or Wife individually or property acquired by Husbtmd or Wife individually at any time uRer the execution oC this agreement skull remain the separate property of llusband or Wife and shall under no circumstances be considered ns, or deemed to be or construed to be "marital property" us that term is used in the Pennsylvania Divorce Code and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be: deemed to be and construed to be a valid agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Codc of 1980, as amended. P). WAIVER OF SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY. Both parties acknowledge that this agreement sets forth their entire obligation for payment of spousal support, alimony pendente life, temporary alimony or permanent alimony to the other spouse as those terms are defined in support and divorce legislation that now exists or may bc: created in the future. Unless specifically provided, each spouse waives their right to hcreinalier file any action, or claim, to file for modification or otherwise uek income contribution Isom the other. 211. RELEASE OF INTEREST IN SEPARATE ASSETS. The panics hereto agree to waive any j mxl all right to claim any interest or shore in the separate assets retained by the other spouse. ~ 21. WAIVER OF CLAIMS AGAINST ESTATFS AND MUTUAL I2ELEASF.. Cxcept t~s otherwise herein provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all right he or she may now have or hercafler acquire, under the present or { liaure laws of any jurisdiction, to share in the property or the estate of the other us u result of the marital relationship including, without limitation, dower, thirds, courtesy, allowance, widow s allowance, homestead rights, right to take in intestacy, right to take against the will of the other, mid right to act as administr.ttor/executor of the other's estate and each party will, ut the request ol'the other, execute, acknowledge mid deliver any and all instrnments which may lx; neccssttry or advisable to curry into ellcct this mutual waiver and relinquishment of all such interests, rights and clainn. The parties waive and release any and all rights to ~ the other's estate, including the rights ol'sct-otT, any and all distributive shares and any and all rights of election provided for by the laws of this or any other stole or jurisdiction. 5 j I INSrvY-III..Ilwm-IJ~Ixdu nur~rxl , ~ . . finch of the parties hcrcto by these presents, I'or himself or herscll; his or her heirs, executors, administrators, or assigns, does remise, release, quit claim and forever disd,arge the other party hcrcto, his or her heirs, executors, administrators or assigns or any of them, of any and nll claims, demands, dunmgcs, notion, causes of action, or suits at law, or in equity, of any kind or nature, for or because of any mutter or thing done, omiUcd or suffered to be done by said other party prior to and including the dote hercol'; the parties specifically waive any and all rights that they nary hove to equitable distribution of nurritnl properly and/or alimony and counsel fees or any other marital rights us provided in the Pcnnsylvmrin Divorce Code, or any amendment. It is specifically acknowledged that the pnrties have secured and maintained a substantial and adequate fw,d with which to provide I'or themselves suf7icicnt linancinl resources to provide 1'or their own contli,rt, mailnennnce and support, in the station of file to which they arc accustomed. V1. CONTINUING RESI'ONS1131LITIES 22. CONFIRMATORY DOCUMENTS. husband and Wile covenant and agree that-they will li,rthwith (nnd within ut least liftecn(IS) days alter demand therefore), execute any and all written instruments, assignments, releases, satisfactions, deeds, titles notes or such other writings as nary be nccessnry or desirable for the proper cfl'ecutation of this Agreement. The parties will further deliver to each other whatever personal papers, documents or writings that each now possesses which arc the property of the other. 23. ADDITIONAL INSTRUMENTS. finch of the parties shall, from time to time, at the request of each other, execute, acknowledge, and deliver to the other party any and all further instruments that nary be rctrsonably required to give full force and effect to the provisions of this Agreement. 24. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT. llusbnnd m,d Wil'e acknowledge that n divorce action was filed in the Court of Common Pleas of Cumberland County, I'ennsylvanin, on November I5, 1995 to No. 95-6274 Civil Term. hlusband and Wife ngree thnt their nru•ringe is irretrievably broken and Ihut it shall be dissolved pursuant to § 3301(c) of the Divorce Code of 1980. 'I'hc pnrties, thcrel'ore, agree to the following: n. Prior to or simultaneously with the execution of this Agreement, both Flusbund and Wile shall hnvc executed an Aftidavil consenting to the entry of a final Decree in divorce. Further, both parties shall execute u Waiver of Notice of Intention to Request Decree under § 3301(c) of'fhe Divorce Code of 1980 and file both with the Prothonotary of Cumberland County. h. Wile shall cause the divorce to be finalized by December 31, 1998. c. The right to request counseling is hereby waived by the parties. VI1. DISCLOSURI?S 2S. FALL DISCLOSURE OF ASSETS. Each ol'thc parties hcrcto acknowledges that he or she is aware of his or her right, to engage in discovery, including but not limited to written interrogatories, ' IUU1n~tl-IU.IIwar N-Iwkm+a-rat motions for production of documents, the taking of oral depositions, the tiling of inventories and appraisements, income and expense statements, pretrial stutcntents, and all other means of discovery permitted under the Pennsylvania Qivorce Code or the Pennsylvania Rules of Civil Procedure and each of the pnrtics specilicully waives his or her right to engage in such discovery or require the other party to lilt the raluisile documents. Duch party has mode independent inquiry into thecmnpletc financial ciroumstunces ul'the other party and is fully informed of the income, assets, property mtd linuncial prospects ol'the other. Further, each party acknowledges they understand mul specilicully waive his or her right to hove the esl:ue and tlsscls together with earnings and income of the other assessed or evnluntctl by the Court of This Conunonweulth or any other Court ol'contpetent jurisdiction. Ruch party hereby acknowledges, recognizes and accepts that there has been disclosure to the other of his or her assets and liuhilities mtd agrees that any rights of further disclosure, cvaluution, cnwncrution or statement thereof in this Agreement is waived because the parties do not desire to make or append further enumeration or statements. Duch party acknowledges that a claim bused upon incomplete or improper linuncial Disclosure may not be u basis lilt invalidating or chmtging any of the terms of this Agreement. VI11. CLOSINGS 2G. REPRESENTATION 13Y COUNSEL. The provisions of this Agreement and their legal alTect have been fully explained to the parties by their respective counsel. Wife has employed and had the benefit of counsel of Philip H. Spare, Esquire as her attorney. llusband has employed and had the benefit ofcounsel of Karen L. Senunelman, Esquire us his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and/or has been advised of his or her right to independent legal counsel; that each fully understands the facts and has been fully inl'ormcd as to his or her legal rights and obligations; that each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily otter having received such advice and with such knowledge; that execution of this Agreement is not the result of any Duress or undue influenee and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code of 1980. purther, the parties acknowledge that the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente life, equitable distribution of property, counsel fees and costs of litigation, and filly knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein :u•c litir, just and equitable to each of the parties and hereby waives their respective rights to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction to make any determination or order affecting the respective parties' rights. Each of the parties hereto further covenant and agree for themselves and their heirs, executors, administrators tmd assigns that they, he or she, will never at any time hercal'ter, sue the other party or his or her heirs, executors, administrators or assigns, in any action, direct or indirect, that there was any absence or Inck of full disclosure, fraud, duress, undue influence or that there was any absence or Inck of full, proper and independent representation. 27. NO MERGER IN DIVORCE. When either of the pnrtics shall recover a final judgment ur decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporutcd by reference or in substance but shall not be deemed merged into such 7 1 . ~ I IAISNII--~ 11 ~buurv IJ-halemw ~ I N I judgment or decree and this Agreement Shull survive nny such final judgment or decree ol'ubsolutc divorce trod shall be entirely independent thereof. 2K. AGRGF.MI:NT TO BG INCORI'ORATFD INTO UIVORCF UFCRF(' 'T'he parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common 1'Icas which nttry enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement lilt the purpose of enforcement of any of the provisions thereof: 29. PRIOR ACRIsIsMGNT. It is understood and agreed that any and all propcrry scltlcmcnt agreements which may or hove been executed prior to the dote and time of this Agreement ore null and void and of no effect. 30. SUI3S000RN'1' RF.CONCILIA'1'ION The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of nutrital relations unless the parties olhenvise specifically agree in writing. - 31. F.NFOI2CF,M(?NT OF ACRF,1sMl'sNT The parties agree that the following terms apply to the cnl'orcentcnt of their Agreement: a, Tnuity. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specilicnlly enforced by either llusbund or Wife in Lquity, and the parties agree that il' mi action to enforce this Agreement is brought in L'quity neither party will make nn objection on the alleged ground of luck of jurisdiction of the court because there is un adequate remedy at law. '1'hc parties do not intend or purport to improperly cooler jurisdiction on u court in Equity by this Agrecmcnt, but they agree ns provided herein I'or the forum of equity in mutual recognition of the general jurisdiction of courts in Isquity over agreements such as this one. b. Action ut Law. Notwithstanding anything to the contrary herein, Husband and Wifc may tdso proceed with nn action at Inw I'or redress of his or her rights under the Terms of this Agreement, and in such event it is spwilicully understood tool tlgreed that I'or and in specific consideration of the other provisions and covcntmts of this Agrecmcnt each shell waive any right to u jury trial so us to expedite the hearing and disposition of such case and so tts to ovoid delay. c. Casts. rxpenses. Fecr finch party hereby agrces to pay all attorney's fees, costs, dunutges or collateral expenses that the other spouse may sustain or incur in mry way whatsoever tts a consequence of any detitult or breach by the other spouse of nny of the terms or provisions of this Agrecmcnt, providing that the parry who seeks to recover such lees, costs, eXpl'tlst'S And datnage5, clearly dcnumstratcs that n breach has in Ihct occurred. It is the specific agreement and intent of the pnrtics that breaching mid wrong doing party shall bear the burden and obligation of mty costs, expenses, dalllagl'S and Ices incurred by himself' or herself, as well us the other party in endeavoring to protect, enforce and preserve his or her rights under this Agrecmcnt 'fhc parties acknowledge: that the hourly rate charged by rich of their counsel and counsel's paralegal at the time such breach occurs, is nn appropriate rote tier which they will be liahlr under this Paragraph. ~ ~ ~IInIfNtl-~o:4AUm-IJ •Iwlc mw~rMl judgment or decree mtd this Agreement shall survive m,y such f final judgment or decree of nbsolutd divorce and skull be entirely independent thereof. 2R. ACRIsGMf:NT TO 13E INCORI'ORAT<' D INTO DIVORCE DI'CRhI' The parties agree thnt the terms of this Agreement shall be incorporated into nny Divorce Dccrec which may be entered with respect to them. '1'hc parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the pnrties and the subject matter of this Agreement li,r the purpose of enforcement of any of the provisions thereof. 29. PRIOR AGRIsRMIsNT. It is understood and agreed that any and all property scttlcmcnt agrccmcnts which may or hove been executed prior to the date and time of this Agreement me null and void and of no effect. 30. SU13S~000NT RI:CONCILIA'1'ION 'fhe parties agree that the terms ol'lhis Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agree in writing. - 31. RNFORCF,MRNT Oh AGRGRMI:NT 'I'hc parties agree that the following terms apply to the enforcement of their Agreement: a. Isquity. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either llusbund or Wifc in Equity, and the parties agree that if nn action to enforce this Agreement is brought in Gquily neither party will make an objection on the alleged ground of lack of jurisdiction of the court because there is an adequate remedy nt law. 'I'hc parties do not intend or purport to improperly confer jurisdiction on u court in Lquity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the general jurisdiction of courts in Equity over agrccmcnts such ns this one. b. Aetian at Lnw. Notwithstanding anything to the contrary herein, Husband and Wil'c may also proceed with an action al law for redress of his or her rights under the terms ol'this Agreement, and in such event it is specifically understood and agreed that I'or and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury Trial so as to expedite the hearing and disposition of such case and so as to avoid delay. c. Costs. R.xpenscs, Vices Bach party hereby agrees to pity all attorney's fees, costs, dnnwges or collulerul expenses that the other spouse nuty susUtin or incur in nny way whatsoever as u consequence of any detiudt or breach by the other spouse of any of the terms or provisions of this Agreement, providing thtu the party who seeks to recover such fees, costs, expenses and damages, clearly dcnwnstrtucs that u breach has in fact occurred. It is the specific agreement and intent of the pnrties that breaching and wrong doing party shall bear the burden and obligation of any costs, expenses, damages foul Ices incurred by himself or herself, as well ns the other party in endeavoring to protect, enforce and preserve his or her rights under this Agreement. The pnrties acknowledge that the hourly mte charged by such of their counsel and counsel's paralegal ttl the time such breach occurs, is an appropriate rate lix which they will he liable under this 1'arngrt,ph. , ~ , II/USNI-IU.~M1wll•IJ•Ixi/tllllu^I'YI • , d. Code provisions, I~or enforcement purposes of uny terms of this Agreement, the parties spcciticully acknowledge that the febntury 12, 1988 amendments to the Divorce Code of 1980 apply to this Agreement, including, but not limited to, p 3105 and § 3502(e). Thu parties spcciticully acknowledge, however, that the application ol'the Amendments 1'or purposes ol'enl'orcement do not entitle the Court to modify the private terms of this Agreement tts set firrth in this paragraph. Rather, they spccitcully affirm !heir concurrence to these lernts. 32. VOLUNTARY f X<• CATION The provisions of this Agreement tmd their legal effect hitve been fully explained to the parties by counsel and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of uny duress or undue inllucncc. 33. IsNTIRh, AGR~I:M[sN'I' This Agreement contains the entire understandings o1'lhe parties and there are tto representations, warranties, covenants or undertakings other than those expressly set forth herein. 35. MODIRICATION ANU WAIVRR A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be; construed as a waiver of any subsequent default of the same or similar nature. Any waiver by either party of any provisions of this Agreement or any right or operation hereunder shall not he controlling nor shall it prevent or estop such party Isom thereafter enforcing such provision, right or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the I'uturc of any such term or provision, but the same shall continue in full force and cflcct. 35. SITUS. "this Agreement shall be construed and governed in accordance with the Incas of the Conunonweulth of Pennsylvania in existence at the date of execution of this Agreement. 3G. PAI2TLAL INVALIDITY If any provisions ol'this Agreement are held to be invalid or unenlirrccable, all other provisions shall nevertheless continue in full force and cflcct. 37. I3INUING 6Rt• RCT. Except us otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, next of kin, and personal representatives of the parties. 38. TRIPLICATI: COPIRS. 'fhc parties hereto agree that the within Agreement shall be executed by them in triplicate originals. ~ f Im~rVxV14J(ww-W-Iw~lxnux-rMl ,.• , IN WITNESS WFIF.REO~, the parties hereto, ntier full disclosure mode, have signed, sealed and acknOWlcdged 11115 Agrcelllenl In lrIpIICA-@ (3) COUnlerparlS, l'ACh Of WhICh shall COIISIIIUIe Aa OrIgI11aI. SIGNL'•D, SGALGD AND DGLIVGRED IN '1'1-11: PRGSGNCG Of: i ~, i, ACKNOWLEUCEMEN'I° " COMMUNWGALTIi OF PL'NNSYLVANIA :SS: COUN'l'Y Op CUMDGRLAND On this, the ~~day of NC'~I•cmC}CJV 19~~before me, the undersigned officer, personally appeared MICHELLE L. HOKE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrwnent, and acknowledged that she executed some for the purposes therein contained. IN WI'I'NGSS WIIIiRGO~, I MCG: Public COMMONWGALTIi Of PENNSYLVANIA COUNTY OI~ YORK seal. Notanal Seal Chnsbne M While. Notary PuWk Machaniaburp eoro. Cumberland County My Commrssron Exphes Sept. 17 2001 SS: On this, the /4/I( dny of _~OVBut.~G( 19Q~beforc me, the undersigned officer, personally appeared .TACK ALAN HOKE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and ncknowledged that he executed same for the purposes therein contained. IN WITNESS WIiGRGO1~, I hr:reu}t set my hand ml officinl sent. (/Q ~ Notary Public MCG: NOTARIAL SEAL DARLENE E. DUBS, NOTARY PUBLIC YORK, YORK COUNTY, PENNSYLVANIA I U MY COMMISSION EXPIRES NOV. 27, 2001 ~:. ^ r . a i i i !f I i 1 Y i 1 ~•. ~~ ~, • • 1...., . ... %' ~~ i Z 4 J W W 1-~ y N ti oDw~ ~ C7n W ~ .--' W 4 r, C7 1 x Z m Z N ..~ etl W VC ~ ~ ~ W ~ ~ 4 W d ~ Z Y =NfY 1^M ~.-~ 7 ° x . E ~' o : ;; a , ~ ` `.i L T ~ ;:: ~ jc ti ~ t :~e R Y. t ~ 1~ ~ • r ~ ?"`~ ii ~ ~ ~ ! y , .. s, a:~...-.--a^z ~ ~~ ~ __. .~ ~x Y tt ~h Ly r F- e .* ~ .. $ > <' ;~. I " 3 fir i S ~~ F 'c pF e F yY S - ? w kW I ~ ~~ L Q Q t'e ~ ~ 3 t, t s r ~ WQ ' y o ,~ F S r i1M \ :~ ,r 1`. i 9v, + i t s f~xx ~ ~ i it5~ ~~k : } - ' t _ ~ uw oFPICEe ~ HOFFMEYER i 8EMMELMAN ~ ' ~ ' ~0 NORTH OEOROE 6TREET YORK, PENNSYLVANIA 17101 IN THE COURT OF COMMON PLFAC ne rnnnncor •nr.J COUNTY PFNNCVt ~•*~~• MICHELLE L. HOKE, NO. 95-ti274 Civil Term PLAINTIFF . v. JACK A. HOKE, DEFENDANT IN DIVORCE ORDER APPOINTING MACTFR A~N~~ SNOW to wit, this ;Z~ day of I.IZ- _ 1998 - £ '~°"~"'^'r ~~~'~~- , Esquire is appointed Master ith respect to the following claims: () Divorce (X) Distribution of Property ( ) Annulment O Support ( ) Alimony () Counsel Fees ( ) Alimony Pendente Lite () Costs and Expenses AND NOW, to wit, this day of 1998, the Pre-Hearing Conference is scheduled for 19_ nt _.M. in the Divorce Masters Hearing Room, ,Lancaster, Pennsylvania. The parties and attorneys will attend and discuss anticipated issues and settlement of some or all claims. Any request for a continuance should be in writing and shall comply with the requirements of Lancaster Rules of Civil Procedure. Divorce Masters Offtcc Service must be made on opposing counsel. (Certificate of service to be filed) _-~ , ~ . .. v., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE MICHELLE L. HOKE 315 W. Keller Street Mechanicsburg, PA 17055 PLAINTIFF v. JACK A. HOKE 14 Eaat Green Street Mechanicsburg, PA 17055 DEFENDANT Philip H. Spare, Eaquirc 44 West Main Street Mechanicsburg, PA 17055 717-697-8526 ATTORNEY FOR PLAINTIFF NO. 95.6274 Civil Term IN DIVORCE Karen L. Semmeiman, Enquire 30 North George Street York, PA 17401 717-846-8846 ATTORNEY FOR DEFENDANT MOTION FOR APPOINTMENT OF MASTER (Pursuant to R.C.P. 1920.74) Jack H. Hoke, Defendant, moves the court to appoint a Master with respect to the following claims: _ Divorce ~ Distribution Annulment Counsel Fees - Alimony Costs and Expenses Alimony Pendente Lite Support Review of and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) Defendant, Jack A. Hoke, appeared in the action by his attorney, Karen L. Semmelman, Esquire. (3) The statutory ground(s) for divorce (is)(are) 23 Pa.C.S.A. Section 3301(c) (4) Delete the inapplicable paragraphs(s): (a) The action is contested. ' (b) An Agreement has been reached with respect to the following claims: NONE (c) The acliUn is contested with respect to the following claims: EQUITADLE DIS'fRII3UT1ON (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (I) day. (7) Additional information, if any, rclevcnt to the motion: Respectfully submitted, HO • • YER & MMELMAN tlY: Knre a man, Esquire Attorney for Defendant 30 North George Street '~ r Pennsylvania 17401 York ~~ s ~=' , Telephone #: (717) 846-8846 ~. r`~ n , ~ ., .; Supreme Court #: 29971 - „~ a ~a~~-, s , 2 't ~: r i~`~f* #_y. 4 'a y@~ t~ _:r^ ~.+i Y~A fY1~ ~~l ~w ;. ~. Y.v ^~e„ sgyy i~, ? *' tk~}~. rt 4 i~r x~~t~ ~~O1yt .Y~, . { ra <<x ~ n. v~ T l IN THF. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MICHELLE L. HOKE, : NO. 95-6274 Civil Term PLAINTIFF v. JACK A. HOKE, DEFENDANT ;DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this date served the Motion for Appointment of Master and Scheduling of Pre-Hearing Conference on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, United States mail addressed as follows: Philip H. Spare, Esquire 44 W ain Street ec anicsburg, 17055 p DATE: ~ ~~ 3~/ Karen L. Semmelman, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 ~~ Supreme Court #: 29971 J ~ IN THE COURT OF COMMON PLEAS OF CUMI3F.RLAND COUNTY. 1'RNNSYLVANIA MICI~IELLE L. 1-IOKE, PLAINTIFF NO. 95-6274 Civil Term v. JACK A. HOKE, DEFENDANT IN DIVORCE ORDER APPOINTING MASTER AND NOW, to wit, this a~ day of Qr,,,.~ 1998, P . l~epe,.~ ~.c17+.... , Esquire is appointed Muster wit espect to the following claims: O Divorce (X) Distribution of Property () Annulment () Support () Alimony ( ) Counsel Fees () Alimony Pendente Lite ( ) Costs and Expenses BY THE COURT, Judge SCHEDULING OF PRF.HEARING CONFERENCE ANU NOW, to wit, this day of 1998, the Pre-Hearing Conference is scheduled for 19 at _.M. in the Divorce Masters licaring Room, ,Lancaster, Pennsylvania. The parties and attorneys will attend and discuss anticipated issues and settlement of some or all claims. Any request for a continuance should be in writing and shall comply with the requirements of Lancaster Rules of Civil Procedure. Divorce Masters Office Service must be made on opposing counsel. (Certificate of service to be filed) CIVIL ACTION -LAW IN DIVORCE MICHELLE L. HOKE 315 W. Keller Street Mechanicsburg, PA 17055 PLAINTIFF v. JACK A. HOKE 14 East Green Street Mechanicsburg, PA 17055 DEFENDANT Philip H. Spare, Esquire q4 West Main Street Mechanicsburg, PA 17055 717-697-8526 ATTORNEY FOR PLAINTIFF NO. 95-6274 Civil Tcrm 1N DIVORCE Karen L. Semmelman, Esquire _ 30 North George Street York, PA 17401 717-846-8846 ATTORNEY FOR DEFENDANT n~nmrnnt FnR APPOINTMFNT OF MASTER (Pursuant to R.C.P. 1920.74) Jnck H. Hoke, Defendant, moves the court to appoint a Master with respect to the Following claims: _ (~ Distribution _ Divorce Counsel Fees Annulment Coss and Expenses Alimony Support Alimony Pendente Lite Review of and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) Defendant, Jack A. Hoke, appeared in the action by his attorney, Karen L. Semmelman, Esquire. (3) The statutory ground(s) for divorce (is)(arc) 23 Pa.C.S.A. Section 3301(c) (4) Delete the inapplicable paragraphs(s): r (a) The action is contested. (b) An Agreement has been reached with respect to the following claims: NONE l ~ (c) 'fhe action is contested with respect to the following claims: EQUITABLE DISTRIBUTION (5) 7'he action does not involve complex issues of luw or fact. (6) The hearing is expected to take one (!) day. (7) Additional information, if any, relevent to the motion: Respectfully submitted, 1-IO ~ ~ YER & S MMELMAN L-.... . BY: / Kare a man, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 ' ""^+ COUh'f OF COMMON 1'1 FAti OF CUMBFRI AND COUNTY PENNSYLVANIA MICHELLE L. IIOKE, : NO. 95-6274 Civil Term I'LAIN7'Iff v. JACK A. 1-IOKE, DE<:ENDAN'f :DIVORCE CERTIFICATE. OF SF.RVICF. hereby certify thnt 1 have on this date served the Motion for Appointment of Master and Scheduling of Pre-l-tearing Conference on the person and in the manner indicated below, which satisfies the requirements of Pu.R.C.P. 440. Service by first class, postage paid, United States mail addressed as follows: Philip H. Spare, Esquire 44 W ain Street ec anicsbure. 17055 DATE• ~~ f`~y~ Karen L. Semmelman, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 ' Telephone #: (717) 846-8846 Supreme Court #: 29971 ,. .'- ,, . x Ra7~ j .~fi #y'f~x,~}5~ ~3G~~5~yYy }i~~~~_,.~~ ~; $. t ~ ~ 4 t ~~ ~ y4r>}~~ ~'s e YY 1'~A ~ )P1~~`mK~k 'iy1 1 y,~.. -`~ l i vtiY~.~~ ~ vyF: ~3' ~•_ _ _ f , , IN THE OURT OF COMMON 1'LFAS OF CUMIiFRI AND COUNTY PENNSYLVANIA MICFIELLE L, HOKE, v. JACK A. HOKE, PLAINTIFF NO, 95-6274 Civil Tcrm IN DIVORCE DEFENDANT ORDER APPOINTING MASTER AND NOW, to wit, this ~~ day of \L~....~ 1998, . Y2.~•Ge,~ ~p~w~~ _ ~ Esquire is appointed Master wit espect to the following claims: () Divorce (X) Distribution of Property () Annulment ( ) Support () Alimony ( ) Counsel Fees () Alimony Pendente Lite () Costs and Expenses I3Y THE COURT, is i ~-,.... s _ E . cti~_ Judge SCHEDULING OF PRF.HEARING CONFF.RF,NCE AND NOW, to wit, this day of 1998, the Pre-Hearing Conference is scheduled for 19 at _.M. in the Divorce Masters Hearing Room, ,Lancaster, Pennsylvania. The parties and attorneys will attend and discuss anticipated issues and settlement of some or alt claims. Any request for a continuance should be in writing and shall comply with the requirements of Lancaster Rules of Civil Procedure. Divorce Masters Office Service must be made on opposing counsel. (Certificate of service to be filed) [ly ThE COURT OF COMMON 1'LFAS OF CUMBERLAND COUNTY 1'FNNSYLVANIA CIVIL ACTION -LAW IN DIVORCE MICHELLE L. HOKE 315 W. Keller Street Mechanicsburg, PA 17055 PLAINTIFF v. NO. 95-6274 Civil Tcrm IN D[VORCE JACK A. HOKE ]4 East Green Street Mechanicsburg, PA 17055 DEFENDANT Philip H. Sparc, Esquire 44 West Main Strcct Mechanicsburg, PA 17055 717-697-8526 ATTORNEY FOR PLAINTIFF Karen L. Semmeiman, Esquire _ 30 North Gcorgc Street York, PA 17401 717-846-8846 ATTORNEY FOR DEFENDANT MOTION FOR APPOINTMENT OF MASTER (Pursuant to R.C.P. 1920.74) Jnck H. Hoke, Defendant, moves the court to appoint a Master with respect to the following claims: _ Divorce X Distribution _ Annulment Counsel Fees _ Alimony Costs and Expenses _ Alimony Pendente Lite Support Review of and in support of the motion stoles: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is requested. (2) Defendant, Jack A. Hoke, nppenred in the action by his attorney, Karen L. Semmeiman, Esquire. (3) The statutory ground(s) for divorce (is)(are) 23 Pa.C.S.A. Section 3301(c) (4) Delete the inapplicnblc paragraphs(s): (a) The action is contested. (b) An Agreement has been reached with respect to the following claims: NONE. (c) 'Che action is contested with respect to the following claims; EQUITABLE DISTRIBUTION (5) The action does not involve complex issues of Inw or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: Respectfully submitted, HO • • •YER & S MMELMAN L... . BY: ' - Kare a man, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 .1 IN ThF OURT OF COMMON 1'LFAS OF CUMIiFRI ANI) COUNTY PENNSYLVANIA MICHELLE L. HOKE, PLAINTIFF NO. 95-6274 Civil Term v. JACK A. HOKE, DErENDANT DIVORCE CFRTIFICATF. OF SERVICE 1 hereby certify that 1 have on this date served the Motion 1'or Appointment of Mister and Scheduling of Pre-Hearing Conference on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440. Service by first class, postage paid, United States mail addressed as follows: Philip Fl. Spare, Esquire 44 W ain Street ec anicsburg, 17055 .,-• DATE: ~ Karen L. Semmelman, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 • Telephone #: (717) 846-8846 Supreme Court #: 29971 MICHELLE L HOKE, Plaintiff va. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION _ t.nw NO. 95 - 6274 CIVIL 19 : IN DIVORCE STATUS SHEET DATE: i I~ ACTIVITIES: .~ 1 ~ pp D ,;~~ i ~ ~ ~ ~ g u~ ~i ,~ ~ l !3 n~ -rn~ ~ , f . r~ . ~IUY I~ '~~ ~ n~ ~ ~~'~'~`` ~~ ; , ~ ll1 z~~9Y I ~/4~ ~, j}~i ~~; OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 NoAh Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elteker, 11 Divorce Mseter Traol Jo Cotyer ONIceManapar/Raponar June 30, 1998 West Shoro 697.0371 Ext. 8535 Philip H. Spare, Esquire Karen L. Semmelman SNELBAKER, BRENNEMAN & SPARE Attorney at Law 44 West Main Street HOFFMEYER & SEMMELMAN P.O. Box 318 30 North George Street Mechanicsburg, PA 17055 York, PA 17401 RE: Michelle L. Hoke vs. Jack A. Hoke No. 95 - 6274 Civil In Divorce Dear Mr. Spare and Ms. Semmelman: By order of Court of President Judge George E. Hoffer dated June 24, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on November 1, 1995, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. I am going to proceed on the basis that grounds for divorce are not an issue and that the parties will sign affidavits of consent or have been separated for a period in excess of two years. if i am not correct on my assumption, please advise, and I will schedule a hearing on the alternative grounds of indignities. I do note that the Plaintiff filed an affidavit under Section 3301(d) averring that the parties separated on October 13, 1995. Since grounds for divorce apparently do not seem to be an issue in view of the alleged two year separation, I am directing each counsel to file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Friday, July 24, 1998. Upon receipt oP the pre-trial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, ~~t .. ~.m i I'(<• ,, Mr. Spare and Ms. Semmelman, Attorneys at Law 70 June 1998 p,0ae 2 i! necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: arecsetnforth inisubdivisione(c)eande(d)iof Rulee1920833. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTERS OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. MICHELLE L. HOKE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 95 - 6274 Civil JACK A. HOKE, : Defendant IN DIVORCE "OTICE OF PRE-HE_aRING CONFERENCE TO: Philip H. Spare Karen L. Semmelman Counsel for Plaintiff Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th day of October, 1998, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Vary truly yours, Date of Notice: 7/27/98 E. Robert Elicker, II Divorce Master MICHELLE L. HOKE, Plaintif! V8. i IN THS COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 95 - 6274 CIVIL JACK A. HOKE, Defendant IN DIVORCE TIME CHANGE NOTICE OF PRE-HEARING CONFERENCE TO: Philip H. Spare Karen L. 3emmelman Counsel for Plaintiff Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th day of October, 1998, at 2:00 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility o! settlement and, i! necessary, schedule a hearing. Vary truly yours, Date of Notice: 9/24/98 E. Robert Eliaker, II Divorce Master.'.' yX_ •. ~ v x 'k Y ~£ t h ! ~{~{ER. (C ~~AS,Y *t ~s ~T S yt ~~' ~~'. ~ ~ _ z~ y" . -7~, d ~ ~ 2 i~~ s ~ ii. ~ eP qty R.:j r. Y~9F f. _ ++{~k K ~<~ - }~ ~ l _ Y qW.t i~ t~f ~~~~ C ~d Y t ~~ z ~ s4vw~ ~ r, F /'Tl'9 ~M~~ ~tt:2~ Wllllam F. Hofllncycr Karen L. Sewmclmane lanlcs G. Kecnan Robcn L. Burzcndoro D:n~ld C. Sclmnbnchcr a .Uau ufmilteJ lu pre:liua In hluylenJ Tclcphonc;(717) R4G-ga4G Fnx:(717) a52•a7a0 E-Mail: inlo~;bofrscmm.com Darirnc E. Dubs Debm G. Smith Gilda Capece•Jennings Lisa M. Magill Fueleeale Cindy S. Croft nookkeeper Louiso C. Ovcnnillcr Omce Meneger @ Perelegd I'leae direct dl curteapundence to York Onha 30 NoNI Gcorgo Svcc1 In Reply Pleue Refar to Flle No. York, Pennsylvania 17401 November 20, 1998 (Dictated November 19, 1998) E. Robert Elicker, II, Esquire Divorce Master Divorce Masters Office 9 North Hanover Street Carlisle, Pennsylvania 17013 Dear Master Elicker: Re: Michelle L. Hoke v. Jack A. Hoke No. 95-674 In Divorce Enclosed per your request are two (2) copies of the Property Settlement Agreement signed by Michelle L. Hoke and Jack Alan Hoke. Please forward a copy of the Order releasing you from this matter at your first opportunity. Thank you for your cooperation and, if you need any further documentation, please advise. Very truly yours, KLSDGS:Id xc: Philip H. Spare, Esquire Jack A. Hoke HOFFMEYER/& SEMMELMAN i~~~~ Karen L. Semmelman, Esquire William F. Hoffmcycr Karen L. Scmmclnum• lames O. Kcaum Itobm L. Burzcndoro David C. Scluurbachcr • Alec eJmltkJ kr precUCe in MerylenJ Telephone: (717) a4G•aa4G Fax: (717) a32-a7sn E•Mnll: infoQhoffsemm.rnm Darlene E. Dubs Debra G. Smith G1Ida Capece•)cnnings Lieu M. Mnglll PenleQ.le Cindy S. Croft nooklueper Louise C, f)vennltler Uma Mw`er & Per.leyel I'leue Jircct dl rnmepunJenca to York Ollie an NOnh GcorgC SlreCl In Reply Flaua Refer b File No. York, Pennsylvonfa 174111 November 18, 1998 (Dictated November 17, 1998) E. Robert Elicker, II, Esquire Divorce Master Divorce Masters Ot'fice 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Michelle L. Hoke v. Jack A. Hoke No. 95-6274 Civil In Divorce Dear Mr. Elicker: The parties in the above matter have signed a Property Settlement Agreement and the Settlement Conference scheduled for December 19, 1998, along with the Master's Hearing scheduled for December 30, 1998 should be cancelled. Per your request, I will forward two (2) copies of the signed Property Settlement Agreement. It is my understanding that we cannot file to finalize this divorce until an Order is received discharging yourself as Divorce Master. Thank you for your cooperation. Very truly yours, HOFFMEYER & SEMMELMAN i-~ '"~ / ~ area L. Semmelman, Esquire ~` KLSDGS:Id xc: Philip H. Spare, Esquire FACSIMILED: (717)697-7681 (NO FIRST CLASS MAIL WILL FOLLOW) Jack A. Hoke MZCHELI,E L. FiOKE, IN THE COURT OF COMMON PL}:AS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 95 - 6274 CIVIL JACK A. HOKE, . Defendant IN DIVORCE CONFER]:NCE WITH COUF?SEL• ND PART TO: Philip H. Spare Michelle L. Hoke Karen L. Semmelman Jack A. Hoke Counsel Por Plaintiff Plaintiff Counsel for Defendant Defendant A conference has been scheduled at the Office oP the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 19th day oP November, 1998, at 2:00 p.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Data of Notice: 10/12/98 MICHELLE L. HOKE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6274 va. CIVIL ACTION - LAW JACK A. HOKE, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Michelle L. Hoke Philip H. Spare Jack A. Hoke Karen L. Semmelman Date of Order and `,: Notice: 10/12/98 By: Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 30th day' of n mh 1998, at 1:30 p .m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By t e C rt, r; .s~ ' ~ ~.> rg E. Hoff r, President Judge` rz+ .a,• elvr r . .. uivorce Mast IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,'( TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT=.ii GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATh 2 LIBERTY AVENUE _'c€! CARLISLE, PA 17013 '1'F.I.EPHONE (717) 249-3166 MICHELLS L. $ORS, s IN THE COURT OF COMMON PLEAS OF Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA : v. s CIVIL ACTION - LAW : JACK A. HORS, t Defendant : N0. 95-6274 CIVIL TERM • • r • MICHBLLB L. HORE, : IN THE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA v. DOMESTIC RELATIONS SECTION s JACK A. HORE, : N0. 95-1420 SUPPORT TERM Defendant DR / 24,757 ORDER OF COURT AND NOW, this Z~1_day of December, 1995, upon consideration of Plaintiff's Petition for Alimony Pendente Lite, a hearing in this matter is SCHEDULED for Monday, April 15, 1996, at 9:00 n.m., in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Support matters at the above-captioned number will also be heard at this time. Philip H. Spare, Esq. 44 West Main Street Mechanicsburg, PA 17055 Attorney for Plaintiff Arthur R. Dile, Esq. 101 South Second Street Harrisburg, PA 17101 Attorney for Defendant _ c,~,w,.,,~.~-~c ~l.~l ~~ :rc BY TEE COURT, 0 MICHELLE L. HOKE, Plaintif! vs. JACK A. HOKE, Defendant s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNBYLVANIA : s N0. 95-6274 CIVIL TERM s s IN DIVORCE AND NOW, this day of , 199 , upon consideration of the Plaintiffs Petition For Alimony Pendente Lite, a Rule is issued upon Defendant, Jack A. Noke, to show cause, if any he has, why an Order should not be entered directing him to pay alimony pendente late and counsel fees and expenses of Plaintiff. Rule returnable within days of service upon counsel for Defendant, This Order may be served upon Defendants counsel by first class mail, postage prepaid. A hearing on this matter is scheduled for the day of 199 , at o~clock _.M. in Courtroom No, , Cumberland County Court House, Carlisle, Pennsylvania. BY THE COURT: uw on~cu SNELOIIK ER Q BREN NEMRN k II MICHELLE L. HOKE, IN THE COURT OF COMMON PLEAS OF Plaintif! CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-6274 CIVIL TERM JACK A. HOKE, Defendant IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Michelle L. Hoke, Plaintiff, by and through her attorneys, Snelbaker & Brenneman, P. C., and Piles the within Petition, stating the following in support thereof: 1. A Complaint in Divorce was filed on November 1, 1995 and was duly served upon Defendant. In Count III of the Complaint, Plaintiff requested, inter alia, payment of alimony pendente lite and counsel fees. 2. The Defendant in this action has denied his duty to pay spousal support to Plaintiff. The related matter of child and spousal support is proceeding in the Domestic Relations Section of this Court with a Domestic Relations No. of 24,575. 3. Plaintiff has incurred and will continua to incur substantial legal fees and other costs to properly protect her rights in this litigation. ',1 u"°"'°•• 4. Plaintiff is without sufficient income at the present SNELUIIKER a time to ro a pp BRENNEMIIN p p rly su ort and maintain herself without .. ~ . ii contribution Prom the Defendant during the pendency oP this action. 5. Defendant has failed and refused to support Plaintiff- Patitioner adequately since the parties separation. 6. The Defendant earns, or has an earning capacity which will generate income sufficient to pay alimony pendants lita and to contribute to the counsel fees and expenses incurred by Plaintiff in this matter. WHEREFORE, Plaintiff requests your Honorable Court to enter a Rule upon Defendant to show cause why an Order should not be made upon him to pay Plaintiff-Petitioner alimony pendants lite and to pay her counsel fees and expanses. Respectfully Submitted, SNELBAKER & HRENNEMAN, P. C. By: Philip 4i. Spate, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: December 22, 1995 uw arncu - SNELBAKEfl 8 _ BflENNEMAN -2 II - uw amcn SNHLAAKER BRENNEMAN I verify that the statements made in the foregoing Petition era true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unaworn Falsification to authorities. Date: December 22, 1995 M chelle L. Hoke I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FTACT [~TASS I+LAIL• POSTAGE PREPAID ADDRESSED AS FOT•LOWS: Arthur K. Dils, Esquire 101 S. Second Street Harrisburg, PA 17101 P~ H. S are, Esqu re SNELBAKER & BRENNEMAN, P. C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: December 22, 1995 ~: ~ s ~ "~~ '' uw ornce. S _ ~ , $NELOAK ER ~ ~ ~ ~~-~A ; ~ k o'a» c ~ ~ BRENNEMAN ~ 8y t~ b ; ~ ~ ' ~`~ M :~ yK~ yy t4i.X~ 9. `F vCY ~ a r ." MICEELLE L. BOKE, s IN TEE COURT OF COMMON PLEAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA i v. s CIVIL ACTION - LAW s JACK A. BORE, s Defendant s NO. 95-6274 CIVIL TERM • r • MICBELLE L. EORE, s IN TEE COURT OF COMMON PLBAS OF Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA s ~~ DOMESTIC RELATIONS SECTION s JACK A. BORE, NO. 95-1420 SUPPORT TERM Defendant DR ~ 24,757 ORDER OF COURT AND NOW, this 15'"'daY of April, 1996, upon cons3iderntion of the attached letter, the hearing previously scheduled in this scatter for April 15, 1996, ie CANCELLED. ~.. ./ ~ua d ~%~Yl~ ATTORNEYS AT LAW EXECUTIVE HOUSE 6UITE •1 101 BOOTH SECOND STREET HARRI8BUR0, PENNSYLVANIA 17101 ARTHUR K. DILB JOSEPH J, DIXON DIANE M.RUPICH April 12, 1996 The Honorable J. Wesley Oler, Jr. Cumberland County Court House One Court House Square Carlisle, PA 17013 RE: Michelle L. Hoke v. Jack A. Hoke No. 95-6274 Civil Term 1420 Support 1995 Dear Judqe Oler: PHONE: (717) 239.8743 I represent Jack A. Hoke in connection with the Philie HBPSparea actions, and Michelle L. Hoke is represented by P The Petition for Alimony Pendente Lite and Counse orte and an well as the question of entitlement of spousal supp Appeal filed on behalf of Jack A. Hoke to the Support Order entered December 13, 1995 were scheduled to be heard by Your Honorable Court on Monday, April 15, 1996 at 9:00 a.m. This is to confirm a conference call which was hel andetyour Philip H. Spare, my associate, Diane M. j996ch~wherein an secretary, Ruth, on Thursday, April 11, agreement has been reached between the parties and Attorney Spare is preparing a Stipulation to be submitted to Your Honorable Court for entry as an Order in connection with these pending matters. I am sure that you will receive the Agreement within the next Agreement be entered as an 10rdersofcCourtyinrlieusofdthehparties appearing on Monday, April 15, 1996. Thank you for your assistance in this matter. Ve y tru yours, ~ / , l~/ t u K. D is AKD:kjm cc: Philip H. Spare, Esquire APR 1 5 1996 ...:_ UR 27.064 MICHELLE L. HOKE IN TI1E COUR'P OF CUMMON 1'LGAS OF PLAINTIFF/PETITIONER CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTIUN -LAW JACK A. IiOKE, DEFENDANT/RESPONDGN'f: NO.95-6374 CIVIL TERM ORDER OF COURT AND NOW, this R!h day of December , 1997, based upon the C'ourt's determinutiun that Petitioner's monthly net income is $ 867.00 per month and Respondent's nwnthly net income is $ 2,573.00 per month, it is hereby Ordered that the Respondent pay to the Domestic Relations Section, Court ol'Conunon fleas, $ 512.00 a nwnlh payable $ 512.00 per month as alimony pendentc life, effective I I/I/97 . Arrears set at $ L024.00 us of 12/8/97 ,shall be payable ut $ N/A This order is to be paid on ur betitre the 30"'day , ofe~ch nwnth. Retroactove arrears arc held in (+~ancc. Failure Io make each payment un time and in full will cause all arrears to become subject to immediate collection by all of the means us provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, cununiuncnt ofthe Respondent to prison fur a period nut to exceed six months. Payments must be made by cash, check or nwney order. Cash payments must be etude in person. All checks and nwney orders must be made payable to Duntcstic Relations Section and delivered ur moiled to Domestic Relations Section, 13 North Hanover Street, P,O. Bux 32U, C'urlislc, Pennsylvania, 17013. Each payment must bear your Domestic Relations number (DR _ m order to be processed. 27,04 Respondent is responsible tier service fees ul' N/A to be paid within N/A as determined by the Domestic Relations Section. IT IS FUR'1'IIER ORUERL'U that, upon payor's failure to comply with (his order, payor may be arrested and brought bcl'ore the C'uurt lift a Contempt hearing; p;ryur's wages, salary, cunuuissiuns, and/ur income may be attached in accordance with law; this Order will be increased without lorther hearing to $100.00 tt ntunlh until all urrcarages are paid in lidl. Payer is responsible for court costs and Pecs. + ..~. This Order shall become linal ten dayx after the mailing ul'thc notice al'tbe entry of the Urder to the parties unless either parry tiles a written demand with the Pruthunuutry tin' a hearing de nova before the Court. Copies delivered to parties un sQr,--~ fob}? _W'Id' ~7 Consented: Plainti fF/Petitioner Defendant/Respondent DRO: R.J. Sltadday cc: petitioner and defendant cc: Philip H. Sparc, Esq. p°4`~ cc: Karen L. Senunclman, Gsq. inp~l~i 1'laintitl%1'ctitiuncr'x Attorney Dclundnnt/Rcrpundcnl'x AUurncy f3Y'I'IlL• CUUI ", -~l~ D_,~ -~' J. Wesley Uler, r ,~~• - ~„~ :~ Ni. ' E ~ x ~ y ' N~i~ . i:) i, . +t ~ 5 1 ~~`! ~4 w ~ . uy ;'yam 'A ~ ,;v , &'. . `~ ' .r uy!~ • W 0. w z z W oC w X Q J W z <o d F 0 V 7 0 W 0 } Zw d a ,n 0 n Q z ~W/ > } z Z < W F a l1 N ~ C1 z T U W . iN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION -DIVORCE . N0.9S-627 CIVIL TERM . IN DIVORCE . DRq 27,IIGa . Pacses q N251111111113 ORDER OF COURT AND NOW. This 7(h day of Noy' m r .1997, upon considcnuion of Utc nllnchcd Pclitlon for Alimony Pendcnrc Lile and/or counsel fees, it is hcrcby directed that the panics and their rcspcctivc counsel nppcar bcforc R.J. Shaddav on December N. 1997 n1 9 00 tt nt. for a confcrcncc, nl I J N. Hanover St.. Carlisle. PA 17013, alter wldch the confcrcncc oRiccr mny rccouuneod tluU nn Order for Alimony Pendcnrc Litc be cnlcrcd. YOU arc further ordcrcd to bring to the confcrcncc: a true copy of your most rccem Federal Income T:u Return. including W-2's ns filed (2) your pay stubs for the prcccding six (G) mombs (3) the Income and Expense Suucmcnt aunchcd to Ibis order, contplcicd as rcquircd by Rule 19111.110 (d) ecrifiption of child c:trc expenses (5) proof of medical cm•cmgc which you uuq• have, or may 6:tvc nvnihtble to you IF you fail to nppe:tr for the confcrcncc or bring the required documents, the Court nary Issue n MICHELLE L. HOKE PlnintifflPetit ioncr VS. JACK A. HOKE DcfcndanURcspondcnt wvrmnt for your arrest. cc: plnintiff and dcfcndanl~ cc: Philip Sparc, Esq. tnd.f~t ~~ DY THE COURT. cc: Karen Scnunclm;ut. Esq. n~:o~'t1 a E. Shccly, Prcsi nl udgc Date of Order. November 7. 1997 ~ - Slu: ay, C dercnce Officer YOU NAVE THE RICHT TO A LAWVF.R, WIIOE MAV ATTEND TItE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO ORTELEPHONE THE OFFICE SET FORTH IIELOW TO FIND OLIT WHERE YOU MAY GET LEGAL HELP. COUR1' ADMINISTRATOR rouRTH Fl.oolz CUMDERLAND COUNTY COURT HOUSC• CARLISLE. PENNSYLVANIA 17013 (71712at1~f,21111 ~~ .. ,. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. uw orncn II SNELBAKER. BRENNEMAN & SPARE -2- uw omen SNELBAKERr eflENNEMAN & SPARE MICHELLE L. HOKE, Plaintiff V. JACK A. HOKE, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-6274 CIVIL TERM IN DIVORCE TO THE HONORABLE, J. WESLEY OLER, JR.: AND NOW, comes Michelle L. Hoke, Plaintiff, by and through her attorneys, Snelbaker, Brenneman & Spare, P. C., and files the within Petition, stating the following in support thereof: 1. A Complaint in Divorce was Piled on November 1, 1995 and was duly served upon Defendant. In Count III of the Complaint, Plaintiff requested, to a1ia, payment of alimony pendente lite and counsel fees. 2. The Defendant in this action denied his duty to pay spousal support to Plaintiff. The related matter of child support is proceeding in the Domestic Relations Section of this Court with a Domestic Relations No. of 24,575. 3. Plaintiff has incurred and will continua to incur substantial legal fees and other costs to properly protect her rights in this litigation. 4. Plaintiff is without sufficient income at the present time to properly support and maintain herself without contribution from the Defendant during the pendency of this action. 5. Defendant has failed and refused to support Plaintiff- Petitioner adequately since the parties separation. 6. The Defendant earns, or has an earning capacity which will generate income sufficient to pay alimony pendente lite and to contribute to the counsel fees and expenses incurred by Plaintiff in this matter. WHEREFORE, Plaintiff requests your Honorable Court to schedule a conference through the Domestic Relations office to establish the amount of alimony pendente lite, counsel fees and expenses. Respectfully Submitted, SNELHAKER, HRENNEMAN & SPARE, P. C. Hy: ~~?~~~-~ Ph l~~sp re, Esqu re 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: October 29, 1997 uw orrtc[[ SNEIOAKER. BRENNEMAN a SPARE -2- ^ ti ~~ .. .. I verity that the statements made in the Eoragoinq Petition For Alimony Pendenta Lite era true and correct. I understnnd that !else statements herein are made subject to the penalties of 18 Pa. C.S. 84904 relating to unsworn falsification to authorities. /K-~c-~.c~l.~- ,C ~ ~1~x~.. M challe L. Hoke Date: October 29, 1997 uw omen SNHLBAKeR, aRHNNHMAN 6 BPARH 11 .. ~ t omTFT['nmF OF SEBVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Petition to be served upon the persons and in the manner indicated below: _____ ,~ ~„r.rnws: Arthur K. Dils, Esquire 101 S. SeconPASt17301 Harrisburg, Karen L. Semmelman, Esquire Hoffineyer & Semmelman 30 North George Street York, PA 17401 Ph p H. pa e, Esqu re p, C. SNELBAKER, BR NNEMAN & SPARE, 44 West Main Street p. O. Box 318 PA 17055 Mechanicsburg, (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: October 29, 1997 h uw orncc~ SNELBAKER• BRENNEMAN Bt SPARE SNEI.BAKER, BRENNEMAN 8 SPARE A PK01D310NAL CORPOMTION ATTORNEYS AT LAW u vPr~r nwN stReer MECHANICSBURG, PENNSYWANIA 17055 RICHARD G SNEL8AKE0. ~ P. O. 80X 318 KEIiF1 O. BRENNEMAN 7V~607•a52e FACSIMIL! f717) 807.7881 PHILIP H. SPARC July 24, 1998 E. Robert Elicker, Iii, Eaquira Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Hoke v. Hoke No. 95-6274 Civil Term In Divorce Dear Mr. Elicker: Enclosed for filing is the original Pretrial Statement for Plaintiff Michelle L. Hoke in the above referenced matter. Also enclosed herewith is a copy which I request that you time-stamp and return to ma via the Nbox" in the Prothonotary's office. Very truly yours, - Philip H. Spare _~~ / 4~Y , PHS ~~s°-~~'i Enclosures ~ .~'>~7'rr~ <S ,~ ~ _, cc: Michelle L. Hoke (w/enclosure) ~;~~~~ `x, Karen L. Semmelman, Esquire (w/enclosure) ~ :; vy ~ .~u: t ~ :- ~~ayY'~{' ;.'i i ~ ~iN R T?~~ ~4y \ riff 5 f2 1 -i,,,, ~ r ~kp3+~ ` ' tt x. rti:n.. rkt ~~ A'.~. ~, ~. °''>~ ~ lt, kg £i,~. ~•5p ~I ~ ( ~' i. h• ~a p~ j4 ~._ & tc.'r 5~';3'x w ~~ ~~ ~ ~`.i" +'r .~AVbe r~~i 1 ~~~~~yF` l ~ 1`~ ...,. .,_,_, ~...R, :.~. .r'~.'.k4 rtes i-03-88 WED 01; 32 PM CUNB CTY DRO ~" FAX N0. 717 240 824A P, 04 In the Courts of Cotntnon Pleas of CuMBEnLAND County, Pennsylvania DOMBSfIC AgLATIONB 6BCT10N MItJiBLLH L. HORE )Docket Number 95-617 PLtatlti ) vt: ) PACSSS Cur Nwnber a25100003 JACK A. HOKS ) ~ R o'l70l0 Defead~at )Other Sane 1D Number PETITION FOIL MODIFICATION nF sx FxrcTnv~ Ct1PPOR ORDER 1. The petition of JACK A. HoKe respectfully represents that on nHt:at~sA e, 1997 , an Order of Court was entered for the support of MIGH8LL8 L. HOIB A trite and correct copy of the order is attached to this petition, Forro OM-SOl Secvtce Type M Worker iD 31201 -JUN-03-98 WED 0t:33 PM COMB CTY DRO FAX N0. 717 240 8248 P. 05 Hoxs w. HolCS PACSBSCwacNumher: a7gio0003 2, Petitioner is entitled to O increase O decrease ~ termination O reinstatement O other of this Order because of the following material and substantial change(s) In ciroumstance: 1. Plaintiff is presently residing with her boyfriend si and is not entitled to APL or spousal suacort. c. uereneanL•s income nos been decreased because of back surgery on Aori1 10. 1998. 3. Plaintiff advised Defendant she intended to contact DRO to terminate Defendant's monthly responsibility to her, WHEREFORE, Petitioner requests that the Court modify the existing order for support. ItOtidaKaa ney for Petitioner Karen L. S elman, Esquire 30 North George Street York, PA 17401 717-846-8846 Supreme Court ID 29971 I verify that the statements made in this complaint are true and correct. i understand that false statements herein are made subject to the penalties of 18 Pa, C,S. § 4904 relating to unsworn falsification to authoritIea. n ' ~l- 98 Service type M _~ Pet~t c~cA Hoke 1'~ye 2 of 2 Funn OM-SOL WotkerlD 71201 r. eaa -~ MICHELLE L. HOKE Plalnllff/pclitlaner VS. JACK A. HOKG DefendanURcspondent IN TIIG COURT OF COMMON I'LIiAS OI' CUMIIERLAND COUNTY, I'IiNNSYLVANIA CIVIL. ACTION - DIVORCIi NO. 95-G 7 CIVILTGRM IN DIVORCE DRIP 27,(16-0 1'acscsN 823100003 ORDER OF COURT AND NOW, this 16 r day of Jude 1998, a petition hus been tiled agoinst you, Michelle l.. Hoke , rcsoondent , to modify an existing Alimony Pendente Life Order. You arc ordered to appear In person at the Domestic Relations Section, i3 North Ilanover Street, Carlisle, Pennsylvania, on July 27. 1998 at 10:70 a.tn. , for o conference and to remain until dismissed by the Court. If you fail to appear as provided in This Order, an Order far Mcxlification moy he entered ogainst you. Yau arc further ordered to hring to the conference: (I) a True wpy of your most recent Fcdcml Income Tax Relum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expcnsc Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (3) proof of medical coverage which you may have, or may Imvc nvailahle to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Defendont-'this is olso your notice to appear. \ OY THG COURT, cc: Koren Semmclman, Esq. Gc rgc L'. Iloffcr, Pre 'd~dgc cc: Philip Sparc, Gsq. ~nn:Lad DatcofOrder: June IG. 1998 ~,Atuli.U~ - - -- ~ I n ~ qg . Sh day, on ercncc 017 iccr YOU IIAVE THG RIGII'f TO A LAWYER. WI10 MAY ATI'IiND "HE CONFERENCE ANU REPRESENT YOU. IF VOU DO NO'f FIAVG A LA WYGR OR CANN01' AFFORD ONE, GO 1'O OR TELEPI LONG 1'llli OFFICE SGT PORTII GHLOW TO FIND OUT WIIERE YOU MAY GI: f LEGAL. HELP. CUMR@RLAND COUNTY 13AR ASSOCIA'f10N 21.113ERTV AVG. CARLISLE. PENNSYLVANIA 17013 (717)249-31GG MICHELLE L. HOKE IN THE COURT OF COMMON PLEAS OF PlainliR/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO, 'J5.6 7.{ CIVIL TERM JACK A. HOKE IN DIVORCE Dcfcnd:ulURespolydent DRN 271161 PNCSCSq 8 2 5 1111111113 ORDER OF COURT AND NOW. Ihis 9 h day of m 1998, n petition has been filed ag:linst you.MIC11cIic L• okc , t n , to wodify an existing Alimony Pcudcntc Lilc Orrlcr. You arc ordered to nppcar in person al the Domestic Relations Section. 13 North Hmloecr Slrccl. Carlisle, Pennsgivania, on A 1'u d 998 at 9.0. n:utL, for u confcrcncc and to remain until dismissed by the Court. If you fitil to appc;v as proeided in this Order, nn Order for Modifiallioa nl:ly be entered against you. You arc filrlher ordered to bring to the confcrcncc: (1) n tole copy ofyour moss recent Federnl Incmne Tnx Rewnl, including W-2's ns filed (2) your pay slobs for the preceding six (6) months (3) the Inconu and Expcnsc Sl:uen:enl nllachcd to Ihis order, cmuplctcd as required by the Rulc 19111.11. (4) ccrifiwtion of child care expenses (5) proof of medical coceroge nhich you nun• hacc. or way have available to you IF you fail to appc:lr for the confcrcncc or bring the required docunuuts, the Coort may issue n earrnnt for your arrest. The confcrcncc scheduled for July 27, 1998 nt 9:011 am has been rescheduled for the above d:q• and rime. cc: petitioner and respondent cc: Karcu Scnunclman. Esq. ~-d cc: Philip Sparc. Esq. Not«J: ~~~~~qa DatcofOrder. June 19. 1998 BY THE COURT. G rgc E. Hoffer. Prc ' c L:dge R. J. S ddn•, confcrcncc Officer YOU HAVE THE RIGHT TO A LAWYER. WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17111] (717) 2d'J-3166 LUJJ UUll J/JY L 1. ' ~ ~;~~'r,,.r..; .._ STAT EMENT OF' ACCOUi~TS t 11VrilV L 1 , ,: • ' ' ~U~71 ~~~' ;, i (; " Oll-Q06541 "• , i . . c. .'. ~ -'I '"; ...STATEMENT 'PERIOD • ~Y STATEMENT SAVINGS PREVIOUS STATEMENT BALANCE ~y~~~i', '. ;''.•' ;...,.:.~:, ..~,, .•P'ROM .~ THROUGH ~~ bbl v:•. 1'J. • , " , PAGE . ~' ' '1 OF ~ ' 1 ~~ ~ . , ~ RITLSUR R DI~ES~CROW FOR ~ • ACK HOKE AND n a . . ~ r~:l ~. '~ , ',,, ' '~ S^iiAt ~,~e'J''; '' ~~ WTI AIN STS . 7'"7':~ r~~5~". , jr ~ ,~`r~, ,~ ~,~ ~4~~~,. ~ . ~;. ~ ECHANICSHURG PA 17055-62494„ 'tip ;, ? ~ ~ ~ , ~~ , ~., . .~ i• b .,+ ` •~r ' ..p. ~ ; t ,; ..'' ,• ,•~"' ACCOUNT: `011-006541 ' DEPOSITS/ NBR WITHDRAWALS/.NBR '.INTEREST ENDING CREDITS 1 DEBITS 1 PAID BALANCE 20,203.25 38.75 ••,;2,000.OOr ,', 38.75 ~~•18,242.00 r ;. , INFORMATION y; 1, f , ~ ACCOUNT/INTEREST ' ~ ,1 ~ • . . . ~ „ LAST TRANSACTION DATE 2-13-97 TAXPAYER 1D NOMBER a 163-56-1366 ,, ~ ` S ~ I 9~ LAST INTEREST 38. ~5 NTII EEST DATE n , I I ,A ST 2-28- INTEREST PAID T8I8 YEAR 84. 2 .,..p~jR'95i'~r~ i^~~_a,~ti~'%+<.~'r~ n '~'t :',.~ CURRENT RATE 2.6500,Y, ; ,.kj ,, :.~ ~,. . y. ,:. ~I lj. .... .. ' r~'1'h ~' r ~~'~ 7' 1 ' .''. .;=•, > : ••'' ~ , ` .~ .cSWITD DEPOSITS% , RIT3 S/ •' ~ ACTIVITY DESCRIPTION DATE B , CREDITS BALANCE .. ( .. ~, y ~„ , ' ~ H~N~ . , (~ ~ ~ • ~ ~ ~ 203.25 '20 '~ ~ 2-13-97 WIT~RAW AL 2, 000 00 ' ' ~` ' ' ' .' 18; 203.25 2-28-97 INTEREST CRIDIT 38.75 .. ' 18,242.00 2-28-97 ENDING BALANCE . ,.,,;;, , ~ . .: '. ,.„ ..' ' 18, 242.00 *** ANNUAL PERCENTAGE YIELD EARNID DISCLOSURE FROM 2-O1-97 THROUGH •'2-28-97 *** ANNUAL PERCENTAGE YIELD EARNED Ax•'„ ~ •2.6 COLLECTED BALANCE DAI LY ~ S 7g '~~.~r .19,038 ~ N~ INT ERE T .75 ..; ; DIRECT INQUIRIES T0: T+^~ r. nnn~,r. . FINANCIAL TRUST COMPANY, MECHANICSBURC OFFICE 5303 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055-3577 'f , ^I ^I7'I _ , C C G LUJJ VVil .+l vu a • ruVL-11Vt..i1'11,+~ "''~'~,rl,` 'STATEMENT OS' ACCOU~S r --- ~U.71 ~~~" .'><{~' ~. .. 011-006541 •. ~' '` .,` L t ~ ',.STATEMENT 'PERIOD ---~ +, ; ; ~ ,,'~M~ •l ' ; ~ , ~ . , ~•. • E'ROM~r,~y 'THROUGH v , '~ „ ' ~o ~'~r i y t ,~ 2 O3 97 rr: 2-28-97 1,. „ , . ~' PAGE ~1 ; "' _' 'lr^" 1 OF ~ 1 PHILIP H SPARE AND "' ,~ '1't.f, ~ ~ ;• '„ ' . JACI~OH R~D~ ESCROW r ffOR " ~~r~;~:, .+, • : a~ . ' . • ~~W I AIN STRE -tYwr~' 11;Yt\ ~, \ ~r . \iy~ .,' ~ ~'`'+t~~`~Zt7~' ; ,:: ~ -; , . MECHANICSHURG PA 17055-624~}n~ ;, !„1,, • it :.,, c. . ~ \ t : ~ , ~ 1. ~. '.~; •. . • \~ • ., v • ~ .i. r,. ''. .~ ..... ~~ STATEMENT SAVINGS ~ ', ACCOUNT: 'Ol1-006541 ' . ,- PREVIOUS _, DEPOSITS/ NBR WITBDRAWAL3/.NBR ~INTBZ2EST ENDING STATEMENT BALANCE CREDITS 1 DEBITS 1 PAID 'BALANCE 20, 203.25 1 38.75 • •.,; 2, 000.00. ;'.. 38.75 ~'. ° 18, 242.00 :,:i. , ACCOUNT/INTEREST•INEORMATION ~' " ;, ;a"i; f, ., , M LAST TRANSACTION DATE 2-I3-97 TAXPAYER 1D NUMBER:'r•~ •• 163-56-1366 LAST INTEREST 38. 5 LA~STI~IN1'EFREST DATEh n ti , •' . 2-28-97 INTEREST PAID THIS YEAR 84.12 , , p~~G~r.l;.~ ti•~„'a~~ +~ujj~ x, t, :1 ••: ,.~ CURRENT RATE •.'~ 2.6500x t,.\ -d .. ;.,r , •••t•. ~ t- ~ DEPOSITS/ ^=.•WI~DEBITS S/ BALANCE DATE 'ACTIVITY DESCRIPTION CREDITS , ' 2-O1-97 BEGINNING BALANCE { 'i'~• +~:'• `~~ „•'20~Z03.25 2-13-97 WITHDRAWAL ' ~ r. 2,000 00 .' '18,203.25 2-28-97 INTEREST CREDIT '38.75 .' ' 18,242.00 2-28-97 ENDING BALANCE ..,.,.;; ~ ' . ' ,,,, ' 18, 242.00 *** ANNUAL PERCENTAGE YIELD F.ARiVF.I'f DISCLOSURE FROM 2-O1-97 THItOUCH '"2-28-97 *** ANNUAL PERCENTAGE YIELD EARNID ~ •2.6g8,Z' • ; ,• _ IN ~ESTDAI~LY~COLLECTID BALANCE '" C_` '. ~ 19,03e.35 •~ ..r . , „. DIRECT FINANCIAL TRIIST COMPANY, MECSANICSBURG OFFICE INQUIRIES TO: 5303 EAST SIMPSON FERRY ROAD MECHANICSBURC, PA 17055-3577 CONESTOGA CERAMIC TILE DISTRIBUTORS, INC. PROFIT SNARING PLAN EMPLOYEE BENEFIT STATEMENT FOR THE PERIOD: 1/ 1/95 - 12/31/95 JACK HOKE BIRTHDATE: 1/11/58 EMPLOYMENT DATE: 5/28/91 PARTICIPATION DATE: 7/ 1/92 RETIREMENT DATE: 1/11/23 61 53922 SOC. SE C. N: 182-46-3764 . SALARY: EMPLOYER i TOTAL DEFERRAL ING MATC (1) BEGINNING BALANCE 847.62 9723.29 1208.55 11779.46 (2) GAIN OR LOSS 144.07 2504.55' 309.65 2958.27 (3) CONTRIBUTION 754.82 4429.89 449.05 5633.76 (4) FORFEITURE 11.24 .00 10.78 22.02 (5) WITHDRAWAL .00 .00 .00 .00 (6) TRANSFER .00 -.00 -.09 -.00 (7) ENDING BALANCE 1757.75 16657.73 1978.03 20393.51 (8) VESTED PERCENT 60X 100Y 609'. (9) VESTED INTEREST 1054.65 16657.73 1186.82 18899.20 Tw Grwth Fd Mag Fd Pur TOTAL (1) BEGINNING BALANCE 11719.46 .00 .00 11779.46 (2) GAIN OR L05S 976.78 1074.72 906.77 2958.27 (3) CONTRIBUTION 2878.68 2062.21 692.87 5633.76 (4) FORFEITURE 11.01 11.01 .00 22.02 (5) WITHDRAWAL .00 .00 .00 .00 (6) TRANSFER -8645.28 3705.12 4940.16 -.00 (7) ENDING BALANCE 7000.65 6853.06 6539.80 20393.51 •t 4 Ti.Y l~FYPk'&T CONESTOOA CERAMIC TILE DISTRI BUtORS, INC. PROFIT SHARING PLAN EMPLOYEE BENEFIT STAtEMENT TOR iNE PERIODi 1/ 1/96 - 12/31/96 JACK NOKE BIRTNDATEi 1/11/58 EMPIOTNENf DATEt 5/28/91 RETIREMENT DATEt 1/11/23 PARTICIPATION DATEt 7/ 1/92 SAIARTi S]242.2D SOC. SEC. N: 18Z•46.3764 EMPLOYER SALARY EMPLOYER TOTAL DEFERRAL IWTCHING (1) BE0INNINO BALANCE 1157.75 16657.73 1978.03 20393.51 (2) GAIN OR LOSS 209.39 2189.37 258.57 2657.31 (3) CONTRIBUTION 108.14 320.57 72.06 460.77 <4) fOR FEITURE 7.94 .00 16.06 24.80 (5) NtTHDRAHAL .00 .00 .00 .00 (6) TRANSFER -.00 .OD -.00 •.00 <7) ENDINO BALANCE 2083.22 19167.67 2285.52:) 23536.41 (B) VESTED PERCENT 80X 100X BOX <9) VESTED INTEREST 1666.58 19167.67 1828.42 22662.67 (1) BEOINNIND BALANCE (2) GAIN OR LOSS (3) CONTRIBUTION (4) f04FEITURE (S) HITNDRANAL (6) TRANSFER <7) ENDING BALANCE Tu Grwth Fd Mnq Fd Pur TOTAL 7000.65 6853.06 6539.80 20393.51 494.03 935.98 1229.32 2657.33 230.39 230.38 .00 460.77 12.40 12.40 .00 24.80 .00 .00 .00 .00 •7048.35 3563.67 3484.68 .00 689.12 11593.9 11253.80 23576.41 • '1 u/rlr LV 1 L' L' DL' l~L' 1' 11 D 1 H 1 LlV1L' 1V 1 CONESTOGA CERAMIC TILE DISTRIBUTORS, INC PROFIT SHARING PLAN For the Period: 07/01/97 - 09/30/97 aACx A aoxs a ' :, SL„r- ~Iploymant bat4t 03/18/91 B rth Dit~jon Datsi`O1%11%68 eooial 9atlurity,l-t 189=46-3764 eeploy~r 8,nployu 8egloyrr Bnio Ml~rn1 N6tOh 707AL eBOIN Bet,a,NC6 s,16f.a ai,en.lo a.co7.cs ls,m.u CVN[RIBIR'ION 0.00 0.00 0.00 0.00 I'0~ 0.00 0.00 0.00 0.00 PORF8I7VR8 0.00 0.00 0.00 0.00 Nit)R]RAN1W 6. ao 0.00 ~ 0.00 0.00 .77UN8FBR 0.00 0.00 0.00 0.00 07716R 0.00 0.00 ~ 0, 00 0.00 OA]N/ILOee) 717.7 I, 570.98 18!.71.-. 1.f15A8 BND BlUdNCe 7.601.79 7],]96.06 !,78.77 l6,78l.H eu~ry o[ imeetman[ ~ NnCOrveh Po w9 -d Fur ~ 7'0'[Aii ~ BBOIN 871WiC8 600.69 1].]]6.95 i7, 7]S.ff ~ !8.871:87 CONTRIBV[iON O.OO 0.00 0.00 :.: 0,00 W11N 0.00 0.00 i r4J , ~ .~ '- 0.00 , 0,00 ~ FORF6I7VI18 0.00 0.00 ~ ~ 0.00 a 0.00. ,, 0 kA NI7NORANw o.oo o.oo o.oo~ ' ~;[._~ o.oo &S '. ' ~ TRAN9FeR 0 00 y. . kt ~ .~.~;'~~ x a t . . 0.00 0 00 ,~ ~,y ~~ «~` ~,k 0 00' O7NBR ~ 0 00 + - d. t ~~ . 0.00 0 00 ,j~ 0:00 GAIN/II,088) 105.41 1,179.71 ' ,~ 870 t0 ~ ~+~ v~{, 1 O1~Z ~ ., 8ND BAWNCB 908 ]] ) ~ .w t ~ '~ ~ . U,576.88 ilr]08 8! ~ .H ° t i . '1'41. Y ~' ~ + k # ~ t. ,v. i .k . ~ ~ ~ i f . ~ ~ a T ~~ ~ 2 Hst t L~' fly ~a / / // j, 1 / •J• I V ?l ~} ` a~ <.:er-. ~ d $ I ,h t, t I ~~~ i 1 ~ ~„ ~ ti, ~ t + ~~s, . ~~ 4L } .~. , )~ 7 ~ ~ t h #R ~ i ~ Ipr~~l.h. i tll' I ~~ .KI R ~ A ~ I I ! tl 1`~~ .'. h ~ , xt ~ . N .. ~.r~~'' ~ ~ F! t ~ il!Ir,'i'~~ --CO, ::FILE ~ OEpT. CLOCK VCtln NO. PWO ;006920 OOIXN60P 0000280007 2 CONESTOOACERAM/C TILE D/STRI©UTORS, INC. t3oelel 8ecunly Number: 182.48.9784 Taxable Meruel 81atw: Monad ExemplbmlAlbweneee: FedereL O,Tex 8locked,i80 Flat Tax Btste: Local: 8 EarnlnOa tale hour C this perod year to dale 4 421.11 Oroea•Pey ;s = :i4 421 11 35;967.85 Deductions 8latutory Federellncome Tax •550,00 3,945.00 eoclal Security Tax •272.47 2,195.62 Medicare 'fax -63.72 513 49 PA 91a1e Income Tax -123.05 . gq gg1 Dauphin B Income Tex •44.21 , 359.68 Olher Check -3,058.78 Oarn -e 94 Ina •26.33• 554.60 401 K •273.61• 273.61 NdEPay ~ so oo: • Excluded from federal taxable wages Your federal taxable wages This period are 54,121.17 J~ 7 v c~o ! IL' ,.~2 3~ Z 33gg.32 . ~ a ~ v~ y° ~ 3 3' x a 1 a F •~ Earnings Statement Perlod Ending; 07p3/1998 Pay Dale: 07/10/1998 JACK HOKE 612 CRISWELL DR BOILINfd SPRINGS PA 17007 3a~~ ~( 73- _. .. ~: r , x i~ f ( • ~ ._. ~.. _. _. a . ... . .. p . ... . ! ! 7 ° 7 _ 4 t ~ o ~ ~ ~ ? .. __ !.. - ~ F d ~ o E ~ ~ S ° 7 ~ `. t Q ..... .. m a ._. . _. ..... . p p 6 ~ m a ~ _..... ~ a ~ ....... i 1 gg i s .. ..... . ...._ _ ~ a r i ` F f .........~ ... u^i .pa's .. ...'. ' ~ ~ a a a ......... a .. . c ~ m ~ ~ _ ~ r ~ f O ~ , : ... o : ... ..... ~ C h ... ...... ~ ~ f f1 ` w > ~ a . ~ _.. ` - ~ n ~ .... ..... : . ~ a ~ ~ ~ ........g - ~ ~ g ~ ; •D...~. Y ni..... ~ •i.... . xx hh Kx K %K% T hh H 4 - h hhh - w 00 1 - W W»hh q ~ h ~LLWLLVIN ~ ~ ' 4 x 2 2hhhhF~h _ NII C0 H -w w666666 ~ hh O iZiiZZ h h60 010 W M WWWWWW a . s== V.M Y0O V IVIXKKKKK Z ZKK =NPIUW O OWWWWWW x KWW ~ w0 OLLVI W W ~ 0. 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O G C • 5 ` $ ~ a ~ ~ < d ~ 6 ya p < ° / p C C t ~ N 0S ~ 0Z W ~ W ~ V' O ~ O ~ O t = W tt W Jw jw > > ~ G ~ 6 w w N y :. } ~ F W 1 N IY~1 ~ = p p N ~ p Paz O ' <QZ i u . u . <. .o . o i o ~ ? u u •uwn r - •uwn 1 f i uHn a w0 i wp i + i J y ~ Y^ VOa LW{ Y^ YN. .O 7 E on u o n ?` on 7 ~ 7 E 7 ~ o^or 7 ~ 7 f r~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania nOM6ti-1'IC RELATIONS SECTION P.O.60%130,CAIU.ISLE, PA. 11011 Fexi (T17) 2406248 phone= (7l7) 240.6225 JULY 22, 1995 Plaintiff Name: MICHBLLS L. HOKB Defendant Name: JACK A. HOKB Docket Number: 9s-527a PACSES Case Number: 825100003 Other State lD Number: Pb~re Hole All rarreapootlmre mart htclude the PACSES Clue Number. ^----P°a Aoot/Conference earinel n i ~Y-tlon Are~ment/genetic Test MICHBLLS L. HOKB 5262 8 TRIHDLB RD MBCHANICSBURd PA 17055-3551-62 Dear MICHBLLS L. HOKS The Q Appointment or ®Conference or Q Hearing or Q Exception Argument or QGenetic test originally scheduled for AUGUST 4, 1998 ,has been cancelled. Since/rel~y R. 1. SHADDAY Farm CM-0IS Worker ID 21205 Service Type M ,... .+-~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvenla pOMPSTIC REI.ATIONB 6ECTION P.U. aOX 730, CARLI.til.6, PA.1T017 Phones (717) 2406223 JULY 22, 1998 Ftrxs (717)2406248 Plaintiff Name: MLCHBLLB L. HOKB Defendant Name: JACK A. HOKB Docket Number: 95-6274 PACSES Case Number: e2sloooo3 Other State ID Number: Pleuo ttotei Aa rorrapoodeoce mut IorWOe the PACSES Cue NuotKr. JACK A. HOKB 14 B ORBBN ST PA 17055-33?5-14 Dear JACK A. HOKB The Q Appointment or t~ Conference or Q Hearing or Q Exception Argument or QGenetic test originally scheduled for AUausT 4, 1998 ,has been cancelled. Sincerely, .~ _~~ ^ ~//! y ~ ~R J. SHADDAY Form CM-01S Service Tylfe M Worker 1D 21205 :,_~ #~~. ._ _. ,u 3 ~`+ ~: r5 ~ .v Via.`,. ;~i ~.n "..~'~... ,_ .r. . ornkvo-i:eopm-•••- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA MICHELLE L. HOKE NO. 95-6274 Civil Term PLAINTIFF v. DIVORCE JACK. A. HOKE DEFENDANT INVENTORY AND APPRAISEMENT OF JACK A. HOKE 315 West Keller Street (PlaintifFs Street Address) Mechanicsburg, PA 17055 (City, State, Zip Code) Philip H. Spare, Esquire (Attorney for Plaintiff) 44 West Main Street (Street Address) Mechanicsburg, PA 17055 (City, State, Zip Code) 717-697-8526 (Area Code) (Telephone Number) 14 East Green Street (Defendant's Street Address) Mechanicsburg, PA 17055 (City, State, Zip Code) Karen L. Semmelman, Esquire (Attorney for Defendant) 30 North George Street (Street Address) York, Pennsylvania 17401 (City, State, Zip Code) 717-846-8846 (Area Code) (Telephone Number) Defendant files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements arc herein made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. U7l1SNa•2aM)pm-•••- MARITAL PROPERTY LIST Defendant Ilsts all property In which either or both spouus have a legal or equitable Inkrcst, individually or with any other person, as of the following dates. NOTE: Liens arc referenced behind each Item on this list, with more apeci0c detail Itemized on the Ilst entitled "Liabilities". Item Deuript(on Names of Number Of Pronenv All Owners Value Eaul(v Commenb ACCOUNTS 1. Financiol Joint Unknown NEED UPDATED STATEMENTS Trust Co. Proceeds from sale of reel q01 I-006S4I estate less advances made to both parties RETIRE MENT BENEFITS 2. Profit Sharing Husband Per 12/31/95 statement Plan Through Conesrogs Ceramic TEe DlsMbutors, H's employer PERSONALTY 3. Personalty Joint Unknown All personalty has been divided except for hems in Wife's posuuian of Hwbend'a flat he is requesting be resumed 3.a. Husband's Husband Unknown In Wife's possession grandmother's desk 3.b. Husband's Husband Unknown In Wife's possession great gmndmother's bureau ' e , 3.c. Husband's Husband Unknown ;. In Wife's possession gmndmother's punch bowl ;;~, ' PERSON AL INJURY AWARD „ ~, ~ ~ ',w 4. Personal Injury award Joint Unknown Award ftom auto axideat Itrvohritis ~tx Husband which occurred on Jtroe 4~ 1994, v ' beforo date of tatpantlo~. WIPo`hid her own loss of wtiecrtlttm cWm''~'shkh ~,~ determined her iattxaL w : qs7'$ r y ~ , r ~Ll + f h i 1 ~ tY* ~ t S~f ~~k4 Y~~.:. - 1 + ' 4 T1M ~ ~~lr1 y e. §y~ fYt~Y fi ,~ ~... '4i~ a.. ea:. ^ .: ' Number Of Property 1. Credit Carda o~n~vo-2:ao~n-•••. MARITAL LIAOILITIES AllOwnen YJIlll4 Equity C~Qmmenta Joint Unknown NEED STATEMENTS For oubtdnding charges. Incurred during marrlsgo. r ~' ~~;~:• :~ r' y ,, ~.'{~i ~ Wit t (~ }Y ~ `Z#S 5~~~yyf__' t F~~., o-yra'1 t 'r ~~~ ,A ~'~5` Ste. R ..~~y~ -. yf.y t .x?k yf"k' ~,~ ~ ., vt~~ a ~ f a 5 ~K ~~, y ; ~. * ~ .~ ~t f.~• In .?4 ~~, ~ ,,~ t ~~~ ~ r~~` ii$' V rI1 1°~ •I °_, f}, L.rti Stx'• J A ti t R~ :F ~~" ~ n +, v ~ '~r~++~ +rw ~x i ~€£'a~~~~ •,~ = ry i ~a s~~=.( u ~..t 5 tV 1 ~4 ~4Y'~~~ r..r if 1.13~+~ pr rtg kS"I!'4r~fita`fl~S~fd~~^n~ '. 1'; JACK DEFENDANT E " • ~. f .• "" ~ERTIFTCATE OF SERVICE I hereby certify that I have on this date served the INVENTORY AND '{ .;,•. APRAISEMENT OF JACK A HOKE in the manner indicated below, which .~,~, satisfies the requirements of Pa.R.C.P. 440. y, x~ ~Y Service by first class mail, addressed ae follows: a ~~ Philip H. Spare, Esquire ` ' _' `.~ Y~« xr~. ,^ 44 West Main Street ;, ,~ ~, PA 17055 : r ~AS~rr~ .',r i Mechanicsburg, ~ `~~; Attorney for Plaintiff N~~`~~~`' •'~~ `> ~,. ~ >° .., s iF 1;ay ..:. .e.~~._ ~~ _ ~~i~r ,,. , xf.~. -~~~ y ,w, ,. '=~ H9 <a,~^'t.v%'vcq ti!, l rrX`irtnsHi .` .,.. ., 1 ... i f' i ~, MICHELLE L. HOKE NO. 95-6279 Civil Term PLAINTIFF ~. ~/ • ; DIVORCE ~k A HOKE • DATE:~~`~ Respectfully HOFFMEYER & BY: Kar Sem man, Esqu ~~ Attorne or Defendant n%.~,„f,,~ 30 North George Street x,~ York, Pennsylvania 1740 1~*°. - Telephone #~ (717) 846 8846 ~ r,,t ,c . E Supreme Court # : 29971 `^, ~a e w~' t" :y b .+^f c r tau " ~ r ;r { r Y~E Ft i% h~'p( ~ F' ~~'~ i ". T,a i ~ `.a u~ i . y. 1 Y .?•?4k om~vai:wpn-•••• ~CFTS OF PARTIES Defendant marks on the list below those items applicable to the case at bar end itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( ) I. Real property ( ) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( ) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/nward) (X) 17 Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments , (X) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other ~~ tz Y f =vim Y a 22~S"~'#d YX`j ~ ~N 47x lh ~y si' S s ~ iR i f . k yy fi~ 3 510. kY^`tyt vYi }3~~1 i ~ 4y ~1 ~ J F E T F x ,t} F S N? t Y~5`~j { Y ~~ 7 3 uT ~ J •t~ I Y ~~q q~~'~ ~_ .{xfs w . ~ ~ LtJ ~p,vi _ ~~/l7~YS' !~o s - /v/~ 3 ~g'ti ~v 3d - ../ 2/ ~ 2 2 . ~ 7 .P~ L:iv~w ~ ~ 9 ~ ~ . ~ 3 - (-~ a-.,..I~..E J a~~-~- ~c3 lid 5 3 (, / yo. o I ~i ~( (~ 6 °7 v ~ ~ I, oQ 7. 9 L _ y s o o. ~ - u ,~°S /L, ~ 9 ~.. 9 ~ / ~~ Cu itt ~ C ,D,Y4~-n.o-c...e r U ~~,,.~ ~ Ia oa-..w tZt.4~' . CW ~.P ec-v~' ,~~~ -~ 3 ~~TV.au 5~~6~ ' '~G b (0 3. Z Ff t~ {z~ v11CE1L'LLE L. EIOKE, PLAINTIFF NO. 95274 CIVIL TERM ~. c~ .n ; , ,. ri I; ~ ..~ ..,, TACK A. 1 iOKG. - _' ~~ „ ~. DEFENDANT '' ~ •~" -: ~: • ~ .,., _`,;, • ' ~ . c _:; t'RAECIPE TO WITHDRAW/ENTER Al'PF.ARANCE ~ ~.'_ OPROTHONOTARY: Please withdraw my appearance as counsel for Defendant in the above-captioned action. SATE: ~~ .3'/ PROTHONOTARY: Arthur K. Dils, Esquire „t Sal /oi ~~/. Fro Harrisburg, PA I~t6t- t ~ ~O Z' I'Icase enter my appearance ns counsel for Defendant in the above-captioned action. t r~ a eit L. Scmmclnum. Esquire Atlorncv for ~efcndant MICHELLE L. HOKE _ Plainti!! v. JACX A. HOKE Defendant ~~~~ IN THE COURT OF COMMON PLEAB OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6274 CIVIL TERM IN DIVORCE .a.c.n. i9zo.+_a mt TO: E. ROBERT ELICKER, II, DIVORCE MASTER: AND NOW, comes the Plaintiff, MICHELLE L. HOKE, by her attorneys, Snelbaker, Brenneman & spare, P. C., and submits the following pursuant to Pa.R.C.P. 1920.33(b) and Divorce Master Elicker's letter o! June 30, 1998. The following significant dates are submitted: September 17, 1988: The parties were married. October 13, 1995: Date of separation. November 1, 1995: Michelle Noke files divorce complaint. February 14, 1996: Order of Court by Judge Oler awarded Hoke exclusive possession of marital home in Protection Abuse action No. 95-6456 Cumberland County. October 13, 1997: Michelle Hoke files Affidavit Under on 3301(d)oP Divorce Coda. T TATEMENT PI~SUANT TO Pa R C P 1920.33(~L uw onwu SNELOAKER. BRENNEMAN & SPARE The following material corresponds by paragraph designation accordance with the system of Pa.R.C.P. 1920.33(b): IA1I (1) LIST OF ASSETS (I) Marital assets (a) Net proceeds from sale of marital residence at 512 Criswell Drive, Boiling Springs (Monroe Township) Pennsylvania held in Account No. 11006541 at Financial Trust. Balance as of April 30, 1998: $12,722.37 Beginning balance as of July 25, 1996: $38,410.01 (b) Household goods, furnishings, miscellaneous tangible personal property, etc. Value: to be appraised as needed. (c) Motor vehicles: 1. Chrysler Grand Voyager traded in on new vehicle by Michelle. Value: Traded in for $4500.00. (d) Intangible personal property in Wife's name: 1. None. (e) Intangible Personal Property in Husband's name: i. Value of personal injury lawsuit based upon automobile accident which occurred during marriage. According to the pleadings in the action of , No. 96-317 CIVIL TERM, Cumberland County, Mr. Hoke was injured in an automobile accident on June 2, 1994. The Complaint was filed January 22, 1996. Status of case and value of claim is unknown to Michelle Hoke. Value to be determined. uw °~~~~~• II (ii) Non-marital assets in possession of Plaintiff: SNELOAKER, BRENNEMAN & SPARE -'~ - Tangible and intangible personal property accumulated since date oP separation to be determined and compiled as needed. (2) IDENTTFTCATTON OF EXPERT WITNESSES None at this time. Plaintiff reserves the right to call expert witnesses as needed. (3) TnFNTTFT ATION OF OTHER WITNESSES Plaintiffs only non-expert witness at this time is herself. However, Plaintiff reserves the right to call other witnesses as needed depending upon Defendant's Pretrial Statement and his position as to the existence and value of marital assets and debts. (4) ~•IST OF EXHIBITS Plaintiff proposes to produce at trial the following exhibits identified as Plaintiff's Exhibits by the abbreviation "PX". Copies of the following exhibits are attached to this statement: PX-1 Copy of checkstub from Attorney Diane G. Radcliffe for check No. 11320 payable to Jack A. Hoke and Michelle L. Hoke dated 6/11/96 in the amount of $38,410.01 indicating proceeds from sale of Marital Home. PX-2 Escrow Account Statements Financial Trust for 7/31/96 and 4/30/98. PX-3 Employee Benefit statement Conestoga Tile Distributors, Inc. Profit Sharing uw o,.'cL. Plan For the period: 1/1/985 - 12/31/95 Jack Hoke. Need date of distribution statement. SNELBAKE R. BRENNEMAN plaintiff reserves the right to supplement this list of exhibits & SPAR[ ~~ -3- as needed and as documents become available to her. (5) PLAINTIFFS INCOME Plainti!! was a homemaker during the marriage caring Por the parties' three (3) daughters. She remains a homemaker and has no income at the present time other than Alimony Pendants Lite and child support. (6) PLAINTIFFS EXPENSES See attached Income and Expense Statement. (7) RETIREMENT/PENSION BENEFITS (a) Plaintiff has no retirement or pension benefits. (8) COUNSEL FEES Plaintiff has incurred significant counsel fees in the Divorce action, Protection From Abuse Action and Child Custody Action. She is seeking counsel fees, coats and expenses in an amount to be determined. (9) TANGIBLE PERSONAL PROPERTY See above. (10) MARITAL DEBT a. Norwest Savings Hank Note/Mortgage on marital residence paid at time of sale.($84,770.66 as of June 13, 1996) b. Dauphin Deposit Hank Home Equity Loan on marital .Aw o^^~=~• residence paid at time of sale. ($6,170.59 es of SNELUAKER. June 14, 1996) BRENNEMAN & SPARE -4- c. Commerce Bank Visa Gold Card (No. 4298-0400-1378- 3823) debt in the amount of $4,566.68 paid by letter dated August 29, 1996. Paid Prom proceeds oP sale of marital residence in the Financial Trust Account. (il) PROPOSED RESOLtM'ION OF ECONOMIC ISSUES Plaintiff proposes resolution of the economic issues as follows: Parties to retain all personal property currently in his or her possession. Plaintiff to receive 70$ and Defendant to receive 30& of Conestoga Tila Distributors Profit Sharinq Plan by Qualified Domestic Relations Order. Plaintiff to receive 50$ and Defendant to receive 50~ of the proceeds from the personal injury action. Plaintiff to receive 70$ and Defendant to receive 30$ of balance of Financial Trust escrow account. Respectfully Submitted, SNELBAKER, BRENNEMAN & SPARE, P. C. p~~'fi: she, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke Date: July 24, 1998 uw orriece SNELBAKER• BRENNEMAN 6 SPARE -5- DIANE G. RADCLIFF Date: 06/11/96 Amount: 30,410.01 Pile Number: ROHINSON Check is 11320 Pay To: JACK A. NOME end MICHELE L. NOKE Buyer: S?EVEN P. ROBIN9ON and CIBtISSINE A. ROBINSON Seller: JACK A. NOK6 and MICHELE L. ROKE Property: 512 CRISMELL DRIVE, BOILING SPRINGS, PA 17007 38,410.01 Caah from Cloainq 11320 ruyni,;i 4.n bvy O,..•,r .n!.. evl^i4nl t..v1..VY .,i/IC O..-. ~ • PX-1 '~ Fnva~vc~L~~ - ___ TRUST CORD PHILIP SPARE & ARTHUR DYLS KE AND ~~W MAIN STS MECHANICSHURG PA 17055 ESO IN ESCROW FOR JACK 80 STATEMENT OF 011-0065 STA~OTEMMENT 7-25-96 PAGE 1 ACCOUNTS ~1 PERIOD THROUGH 7-31-96 OE 1 STATEMENT SAVINGS ACCOUNT: Olt-006541 PREVIOUS DEPOSITS/ NBR WITHDRAWALS/ NBR INTEREST ENDING STATEMENT BALANCE CREDITS 2 DEBITS 0 PAID BALANCE .00 38,427.64 .00 17.63 38,427.66 ACCOUNT/INTEREST INFORMATION LAST TRANSACTION DATE 7-25-96 TAXPAYER ID NUMBER 163-56-136E SERVICE EEE .OC LAST INTEREST 17.63 LAST INTEREST DATE 7-31-9C INTEREST PAID THIS YEAR 17.63 CURRENT RATE 2.8000Y. IDITS/ WITDB TSLS/ D ID DATE ACTIVITY DESCRIPTION I C R BALANCE ~ 7-25-96 BEGINNING BALANCE .OC 7-25-96 DEPOSIT 38,410.01 38,410.01 7-31-96 INTEREST CREDIT 17.63 38,427.66 ! 7-31-96 ENDING BALANCE 38,427.66 i *** ANNUAL PERCENTAGE YIELD EA RNED DISCLOSURE FROM 7-25-96 THROUGH 7-31-96 **~ ANNUAL PERCENTAGE YIELD EA RNED 2.83 Y, AVERAGE DAILY COLLECTED BALANCE , 32,925.38 INTEREST EARNED 17.63 DIRECT FINANCIAL TRUST COMPANY MECHANICSBURG OFFICE PX-2 INQUIRIES TO: 5303 E SIMPSON FERRY RD MECHANICSBURG PA 17055-3577 TELEPHONE: 717-737-1656 in~ial Trust ~! A Kryslnno Cummunliv Bank` Depnsi~ Sla~enrenf January 31, 199R to April 311, 199A AR'fIIUR K I)ILS ESCROW FOR JACK IIOKIi AND 44 W MAIN ST MC('ilANl('SI3URG PA 17055.6249 l'ege l of l Por infumwtiun rcgnniing This statement, cull; 717-T66-1847 IN lpp~U RIIF N OIT'~l(IIIA I MILUCATIU~S ANQ U! ~ICSH HUURINSrFORMUTHER MF(,RMATION PLI?A3GTt~ALLLYOUR COMMUNI'CY OFF!(. C. KeySurings Account Title Account Numhcr Philip it Sparc And l IIRI6541 Bt~innm,~ Ikposln BirMlrmsv4 fnnmf 6n~n,~ Balnruv .N~r/w .~MdIN NueFrr ,~MpIN Pev Pn1A Ba/nm'e I S (2,637.44 1 E U.UII 0 S U.OU S U.UO S 84.91 S 12,722.37 I Deposit Transactions Dste Amount Dcscriptlon 112.2R 26.66 fNj~j_t,;Sf 113-31 29.SR IN I Kl ST 114-3U 2R.69 M'fliltLS'C Daily Balances Datc Amount Dste Amount Detc Amount 111-31 12,637.44 U3-31 12,693.68 112-2R 12,6(~4.1U 114.311 12,722.37 Other Information Inlcrest I'nid Ycnr 1b I)nlc 114.38 Aununl l'crcenln c Yicld I'samcd 2.7R",o Interest 13cnring ~~ys R9 Avcrngc Hnlnncc !•or AI'Y 12,G65.GR inlcrest i:nrned R4 ~J3 PX-2 ,~ {~, CONESTOGA CERAMIC TILE DISTRIDUTORS,_INC. PROFiT SHARING PLAN EMPLOYEE DENEFiT STATEMENT FOR THE PERIOp: 1/ 1/95 - 12/31/95 JACK HOKE BIRTHDATE: 1/11/58 RETIREMENT DATE: I/ll/23 EMPLOYMENT DATE: 5/28/91 SALARY: 53922 61 PART ICIPATION DA TE: 7/ 1/92 . SOC. SEC. k: 182-46-3764 EMPLOYER SALARY EMPLOYER TOTAL DEFERRAL MATCHING (1) BEGINNING BALANCE 847.62 9723.29 1208,55 11719.46 (2) GAIN OR LOSS 144.07 2504.55 309.65 2958.21 (3) CONTRIBUTION 754.82 4429.89 449.05 5633.76 (4) FORFEITURE 11.24 .00 10.78 22.02 (5) WITHDRAWAL .00 .00 .00 .00 (6) TRANSFER .00 -.00 -.00 -.00 (7) ENDING BALANCE 1757.75 16651.73 1978.03 20393.51 (8) VESTED PERCENT 60X IOOY. 60X (9) VESTED INTEREST 1054.65 16657.73 1186.82 18899.20 Tw Grwth Fd Mag Fd Pur TOTAL (1) BEGINNING BALANCE 11779.46 .00 .00 11179.46 (2) GAiN OR LOSS 976.78 1074.72 906.77 2958.27 (3) CONTRIBUTION 2878.68 2062.21 692.87 5633.76 (4) FORFEITURE 11.01 11.01 .00 22.02 (5) WITHDRAWAL .00 .00 .00 .00 (6) TRANSFER -8645.28 3705.12 4940.16 -.00 (7) ENDING BALANCE 7000.65 6853.06 6539.80 20393.51 •t PX-3 SUtINARY ANNUAL REPORT fOR CONEITOOA CERAMIC TILE 015TRIBUTOR2, INC. PROFIT SHARINB PLAN TNIs la a auntnsry of the amuai report for pnntga CuemN TIIe Obuihutsrt, Ina. Pnllt SMdnp Plea EIN 274800416 for baaary i, 1116 through Ouambu 71, 1110. the amuai report has been Illed with the Internal Revenue Servlcq as required under the Eeployee Retirement Income Security Act of 197< (ERISA>. lAIIC FINANCIAL STATEMENT Benefits under the plan are provided by ^ Trott. Plan aspenses were f7,177. ihaae aspenses Included (7,011 In adminlatrstlva aspenses srd 1116 In benefits paid to partlelpants and beneflelariaa. A totsl o} 40 persona ware pertlelpsnta In or beneflclorlaa~,f the plan at the end of the plsn year, although not all of these peraofts had yet nmed the right to nealve hanaflu. The value of plan assets, sf ter subtreeting llebllltiea of the plan, was 1161,611 as of Duember ll, 1116, compered to 5777,410 es o} JenwrY 1, 1116. During the plan year the plan asperieneed as laraate In Its net assets of (171.107. ]his Intuw Includes unrasllted eppreelstlon or dsprecletlon In [he value of plan uuu; that la, the dlfferenee between the value of the plan's assets at the end of the year snd the value of the assets et the btgiming of the year or the coat of cruets scqulred during the year. The plan had total Income o} 5171,070, Ineludln9 employer eontributlons of f70,000, employee eontrlbutlons of 174,701, urninga from Imeatmenta of f17,714, erd other Incdne of 1107,077. YOUR RIONTS TO A001TIONAI INFORMA710N You have the right to receive a copy of the full amuai report, or any part thereol, on request. To obtain • copy of the full amuai report, or any part thereof, write or edl the offle• of Gnutepa Cenmk TNe Dkukwtsrt, Ina., who is the plan Administrator, 47761ewb Real; P D Bn 4616, Nurl.hwp, PA 17111.0616 p 171684.8180. The charge to cover copying costs will be 110.00 for the lull amuai report, or 10.60 p4r page Eor anY Pert thereof. You ciao hwe the right to receive from the plan odnini atrator, on request snd st no charge, a sntement of the assets end tlabilltles'of the plan and scco~enying notes, or a ststement of Ineame and aspenses of the plan and accompanying notes, or both. If you request a copy of the full amuai report from the plan adminlatrator, these two statements and aceompenying notes will be Included as part of that report. the charge to cover copying costs given above does not include a charge for the copying of these portions of the report beeaufe these portieres ere furnished without charge. 41761mk Read;PO Bss46 6 Nn i bmp~PA 17111.0616 atxlmitnthe U~Sa DepartamntrofaLabor Inalfashington,~D.Ch~orlto obtain a copy from the V.S. Department of Lsbor upon psymen[ of copying costs. Requests to the Departarnt should bs addressed to: Pubik Bltektuta Rsam, N•6601, Pentloa and Welleta Bsnslila Adminlsuatkn, Dspatoaaal e1 Wer, 100 Cenetltatka Aunua, N.W« Wuhingtan, D.C. 30210. Px-3 CONESTfN1A CERAMIC TILE DISiRIBUT00.S, INC. PROfIi SNARING PLAN DECEMBER 31, 1995 TNANUCTIONTY-Et (listed down the left side of the Certlfleaa) refers to the eetlvlty within Your aceotnt duri rep the PUn Ynr. BEGINNING BAIANCE Your Invutnrnt account balance a of the previous Wlwtl on flea. WIN OR LOSS Tour share In Interest earnings end market value appneletlm (or depnclatlon) for the nest recent Plan Ynr end. CONTRIBUTION The Employer's srd/or Enployee's addition to the account for the current Plen Year. fO0.fE1TURE Your share In any non•vestad benefits surrendered by terminated Pertlclpent^ for the Plan Yeer. WITHDRAWAL Any trsnuctlon rewlting In a deduction tram Your account. , iRANSfER Any eetlvlty between turd types wl thin your account. ENDING BALANCE Tha sccount balance as of the Velustlan Deta. VESTED PERCENT Portion of the account balance owned by yau. VESTED INTEREST chompetlon off servi ecornps tllelpetlon wlthYthehEnQloyer~ entitled through ACCOUNT TYPES <listed across the top of the certlfioa trader your tunnel rater to the source of the fads In your account -same of three headings avtY not be applicable. EMPLOYER Employer Profit Sheri n9 Contributims plus earnings ae of the most recent Plan Yesr end. SALARY OEfERRAI Your coot ributlone plus aernl ngs as of the anal recent Plen Yeer end. EMPLOYER MATCNtN6 Contrlbutlone made by the eeployer plus esrnl ngs ee of the most recent Plm Yeer end. ROLLOVER fords transferred from another qualified plan plus earnings ea of the asst recent Plan Yeer end. FUND TYPEg (listed aerass the middle of the page) three rater to where the funds are placed after being contributed. Stab Vs- Stable Value Furl Nst tonwlda w/Virtuoso II Tw Crwth Twentieth Century Growth ford Bd Fd Am Bard Fund of America id Meg fidelltY Magellan fd Pur FideUty Purl tan If you haw armineted your enploymm~t prl or to Decenber 31, 1995, and your account balance le shown esOX vested, this statement Is notificstlon thst You have received ell benelits due you trader the Plen. vesad,hyou wllllbetraee{vingMpeperwark for alt a dy ha e) to~requast your payment ahorelyMe fa more ehm OX .) Px-3 I~('n~tF: n hpr nt N'nrk: `1 ~ Payroll Yurnbor. J~ Pay Prnwt tw•eekly, hiwrekly, ute.l: ~ Gross Pay Ikr Pay Prn,xi: t _ Itemised I'uyrnll Deducuuns: Fcderrl WlthhnldinR = ucul ~wunty Local WaKC Tax irate Inrnme Tax Iletucment iatmla Qonds CrMit l.'ninn LJc Inxunncc HcWth Insurance Other IspecJy1 \e[ I'ay prr Pay Penod: f Other Income: Werk Month Year 1FR13 i~,l~prot pnatu Molt umnr Interrst Ditidcmw Prnnian ~ _~ -_ Annuity _~ ~ntnal titcunty Rents _~ -_ Rnynlt(cs _ Expense Arcnunt UiOs _- L'nemploymcnt Pump. _ Workmen%1'omp. __ Tutnl ~_ ;_ ;_ TOTAL 14('UME t EXIT.\tiEti Ilumr Murtrntl;drcnt Mdntenanec Utlllder Eltrtric Gw (yil Telephone Wutor it'xrr Emldoyment Public transportatlon Lunch Tnxcn Real estate Peroonal pmpeny Income Imurnnee HumenKren :lutamobile L'Jc ,lcedent Health Other Weakly Monthly Yearly (Fill in Appropnatn t:ulumnl ..... , i {` 1 ., 1-- ~, Weekl)• >tanNly 5'ellrly E%PF:\tiEr. (Fill in .lpprapnau I:ulumm .lutnmllhlle Pn~ments =- 3~~1- Fucl Irli " - 1tCllalfT - hlniieal DrnlL+l - gnhlllianuht - Hurpual ~_ - "~' Mwiienc - $1xr•I:d nerds Iglaxxex. hneea. nrtholledic devlrrxl • F.ducatwn /~ I'anx•hial xrhonl - l'xllrttr - 1'rrlnnal 1'Lnhinc t_ S.,_ FIxMI ~ - Bnrnrr halrtlrcxxrr ' - Crnht luymentx l'renit card - I'harcr account Memhrnhit>n __ - lelrnx i Crnlit I'ninn ;- S- S- Nixcrllant•Ilus - ~ r Nmlxehnid help ;_ 3- S- t'hild rare - Papenvhnokumattasrnrx L = F:ntrrtmnmrnt 1 llay ~nl ' Vneatlon - ~ 1iiRA - i.elmllCrx ~ - Chantahir 1•ontnhuuonx Olhrr child xupport IVimnny pa)mcntx , Usher S- 3- S- Tuul Eapcnxt•x 3= 5- S= PROPF;ItTY O1VV ED Dxmetahip • , Dexrtiptlnn Vxlur H W .1 ChecklnK acrnunt.+ S- .. . ti:119n1,9 nl'fxxntA l'rcdit 1'niun ... ~ tnckwhxndx ... Rral1•amte ... Othrr Tutal t-_ I\SI'It,1Nf E Cucrraxe • Cumpany Policy Vu. H W C Ho.piud 111ue I'rx>+ Uthrr _ _ ~lydhal i I;Inr :hived _ _ ~ Inh~•r i.. ,. _ VERIFICATION I verily that the statements made in the foregoing Pre-Trial Stntement are true and correct. I understand that false statements herein era made subject to the penalties oP 18 Pa. C.B. S49o4 relating to unsworn falsification to authorities. M chelle L. Ho e oatB: ~~ 98 S NELBAKER• BRENNEMAN $ SPARE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the loregoinq Pretrial Statement to be served upon the person and in the manner indicated below: Karen L. Semmelman, Esquire HoPfineyer & Semmelman 30 North George Street York, PA 17041 ~~ ~ 1 p H. pare, Esqu re SNELBAKER, BRENNEMAN & SPARE, P. C. 44 West Main Street P. O. BoX 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Michelle L. Hoke uw orncee S NELOAKER. BREN NEMAN & SPARE Date: July 24, 1998 I^ K. ., 1„ -n•.r~.f PLATINUM FLUS 1+1/15/97 02:58PM MBNq AMERICR BANK AI[us.urEA'r-A to CARDHOLDER SINCE 03110197 r:nY N ' 11 AJNli:rYl /Q IRi+S !.; IY PAGE OU2 OF OU4 54900914439; rb[AU4AS W1! uln E4l•d;l rnrq 09!11197 51,487.11 rorxARAIARrruVtMn4 ALLAMn:urJri (29.00 JACK A HOKE Fr.pcr.,n~.plAaenl.«TU.FnoP.nvlm.re.a+Y 14 E GREEN ST """ MECHANICSBURG PA 17055 I r I 18 01487770000000000549099144392 ^'u.t rA]ri1'. ~frrll r/N CA:MLRYf((R AI'A(AKf ouM•~ l(JM)(yf( rorx e+wr(uronP:ru•( Nr AI(411AY^Cf Yutl..Y '.•49099144392 510.00000 58.51223 30 08!21197 529.00 09/fiHi .•'an; I raRSrne ['taw:( ~ro IuNV!Rr ~ rxwrkn..r; AUGUST 1987 STATEMENT I `NV+tc> I r,Amr:. •+pr ran .RnrF r• FAYMENTB AND CREDITS , 1 ..:!1. .. ,. H WI LfAIAPR ry1Te lTTfrS f'AI1r NI1.1. GA t,5•. rv :'15 Ekl !1 FA'i HEIIT - TtlAlll! K:! PUFCHASCS AIR) ADJUSTl6NT6 '•I ~~ ._ :1 NI LI•wAltL ^!'1'r 1'. I'LI"+ •. N11' III LL K1 l'l. 1•~~ '•~ i';+I; E!: ~I :1 1TRLIAll 9lrfiBi IT:IIIL: :'i IIlCIIAII b:JH/F':i PA L•.r .F.; n: i_c; r~5 1•:ci I1 ritAflT 11µ:1r IIfCHAtIP:i60f. PA la!•. `: ... .,..., (iJ] '/ (pLtill'i HrASfi INU L'i IHQNAIIIti SkUI'+i Fp .~. ,, i6 r5ru.l I/ C+iRuIIA[V 5('1!013 F(777 D LADE LUEIIA VI EL ,!..IS AI:P.I VAL DATE :i Ori/7 ... ..Mir n r. v f iY•riaprr, ,. r:Ib: PfllT r, I,AI:F FIIENA VI FI. ARRIVAL fUTE •5/B:~r P7 TOTAL FOR BILLTNO CYCLE FRON THROUGH 8/21/97 ilr l:r!•.li' .+..... •.I. 7/:!/97 IMPORTAPJT /~ /~ N~1MS IV f• C.~ V .. V~' I/ ~ l Z ~jOa~Y 5 ~~~~ ~LG~/PTs '~O !~ ~ ( ~^i c~l~,~' S~fr SUFIAIARY OF TRANSACTIONS TOTAL A818HUA1 PAYAIENT DUE ... ~ .. r..w,. . •r. ,•I n.r.- ,q rww.« r w.r.«r. r. I~Ar~.. r: .. n..... 4000 .d•,_Y ..,,... ..u.«a.r rw..[¢urel[ nunc.uwt 1„y r.. n. r.rp...rr S:9.OJ it b. {y':, In, 111?:A/ Il: b; un« 11.+i ri IUlhwur.,rw1:•. 12900 TINAM; E cHAROE SCHEDULE FOR YOUR SATISFACTION, EVERY HOUR, EVERY DAY Crlrpay Prlbdk RAlr Can[[DOM^pAmuY BNmn 6u611pte rF,r,pL+Yr.+aAl, RLrnM!d Leo+['I.A..IdYrf,Mf~nnrN;,w~.rwl, rylm•H •A,•. •1r,LY. DrRIMApI RNr Mmrr Chupu •N rAR~Mrd r1N•gulmn}r+A1Mr•O.rJ•m, nlu.Y...!rt.. r....pn, w,teHw. A BI. CGaAY 00161649E Ry' 5.80% f0.00 :UI:I'KnN, wl INAIRHOX D AfIA.BmA Oa65479L ply' 18.899E fO,W [M1r~,.d.E~m.4N M9NEWnun he 9l:I•mn•yWI+m;,I••ndab•:,M C Pu[hAw oaes479E pM 18.99'K 51.620.09 ' NfUnJµR;l 0 C9h«B!1[ners Daesux pp• IE.9D% H1,09 rF.I(OR+IrnnfurAYn[wr+A. IM:,•.Yl usxlb+.•cd lq!:-IG11:- r1AY;WIw4[/• AIHN AVE h?.r R[:r run •,AlII Y,Ir;ll r?r+a•.•i~l'r (al+l ~•rr: A•P-w..•Ld...r «r Eruyq U.dlb««Fu., V«Iw..••r +,-r. n.. r: AIaNAL CEP(ENIAGFRAIE 1B 999E 4+I ,.NJ. L, +~.nd uA•rr-~+. u(N. 'rf,11 f•.•i•~ r~:•. r+Lrre •.L,. r1 ~.•....... ... ...••.~....•._.,,.•.• r..r..r 'P4u0pk RYle M4y Vay +~$•A4093144392 FAGS ICFI 7HIG DOCUMENT IS A COPY OE VOURAUCUST 1997 STATEMENT IT IS FOR YOUR RECORDS ONLY AND IS IJOT AN OFFlfly ?AIIN pOCIpdENT THIS COPY IS NOT AN E%ACT DUPLICATE AND MAV NOT INCLUDE ME SSAGES WHICH APPEAR IN THE IMPORTANT IIEWS BII:V(:N riV YOUR ORIOiN4 PE RIr;•pIC $TATEIl EIIT ,\ I IS N ~ - ~ ~ ~ ~I.ATINUM PLUS 1 n I N I N• , 1 I N d N I d CARDHOLOlR SINC! 1997 p~NONaa II III"1111III~IIIIIII~II1111~11'llllllSSIIIIIIIIIII MBNA AMERICA P.O. BOX 13019 WILNINGTONI DE 19666-3019 is w<ax<HennMOn erl 1•loa7{F{NB P1.4 <IIr1/9 a 840n« M nw<bNpwn. r<npr Ba9n A4a..1 CAr ew9 aP ~ 1 1 1 Nan. Pn<» waY M,»9 6480 9814 4323 6003 PAnu[Nrou[oArc NewucANC[rorA1 07/19/97 f951.B8 rorAlAl9wuurAw{Nrout AWOUVr[Naouo f 10.00 CI[rACN rorroflrloN AIO AEIUM/ MIM FATYENr JJ S P JACK A HOKE 14 E GREEN ST MECHANICSBURG PA 17055-333500 16 00095189000019000005490991443235003 5490 9914 4323 6003 ~ ~ I 3o I 06/20/97 I f19.oo 07/19/97 Oahe ITDri .otlm I1A81~~• I1~W9I~~ T~itOOni JUNE 1997 STATEMENT ~» Cr9d141Cfp PAYMENTS ANO CRlDITS Ofi/ 16 MC PURCHASES AND AOJUSTMlNTS OS/27 OS/23 0600 MC OS/47 OS/26 3809 MC OS/2B OS/26 6819 MC OS/29 OS/27 7869 MC OS/29 OS/27 9412 MC 06/07 06/05 1066 MC 06/07 06/06 9919 MC 06/09 06/06 0012 MC 06/09 06/07 6418 MC 06/09 06/07 2095 MC 06/10 06/09 7931 MC 06/11 06/09 2901 MC 06/12 06/10 1639 MC 06/13 06/11 0067 MC 06/14 06/12 3017 MCA 06/14 06/12 3017 MC PAYMENT - THANK VOU C SHEET2, INC 201 MECHANICSBUROPA 19.30 C GINGERBREAD MAN MECHANICSBUROPA 18,00 C LOR06TAYLOR CALVIN KLE HARRISBURG PA 98.00 C GENERAL NUTRITION N246 CAMP HILL PA 20.79 C WEISS TANNING MECHANICSBURGPA 30.00 C ALEX AUSTIN STEAK SMOKETOWN PA 49,27 C BARGAIN SNEAKERS HERSHEY PA 92.62 C PONESSA'S PIZZA HERSHEY PA 6.68 C PENN ENCORE NEf09 MECHANICSBERGPA 11.36 C FENICCI'S RISTORANTE HERSHEY PA 14.00 C TURKEY HILL /127 MECHANICSBUROPA 12,00 C ATHENS DINER MECHANICSBURGPA 6,00 C CHAPPS RESTAURANT INC YORK PA 13.00 C EXXON USA 7626311266 RED LION PA 6.60 C KMART 00004276 MECHANICSBUROPA 160.36 C KMART 00004278 MECHANICSBUROPA 191.21 199.38 CR IMPORTANT- NEWS THIS IS A DUPLICATE STATEMENT. PAYMENT IS REOUIREO ONLY IF NO PAYMENT WAS MADE FOR THE MONTH INOICATEO ABOVE. .YMMMT @ TflATIiACT10Nl ~_ ......... ..... . .. PnMw9 Baru. H Pryrr98 (.) qM (.) PrNoa rW . PMe4N Rtl9 . TlrueMm f» 11 11 l~I NM Barg. -..-'"•°••-__ .._........ MO QM< AQ/M»< Aqugnr4< CI CNMOI/ PIIIANtt CNMOiI Taa P»t0»Ain9,n1 .............. 10.00 O~.IM Perrr4 119.00 1199.]9 1199.]9 {0.00 {951.89 f 0.00 {0.00 {931.89 T9W MnYinelPryrrM D» „, {19.00 FINANCl CNAROl ICNlDUL[ Glpar Prb01911a9 Ceeh Atlvaneae A. BALANCE TRANSFERS, CHECKS.0.016164% DLV B. ATM, BANK .................0.046548% OLY C. PURCHASES ...................0.046548% DLY Cm9<pmM/ Baen» W i ~i Pre9 p Rag Fhru Clw/9 5.90% f0.00 16.99% f0.00 16.89% f0.00 roA na] attwtl PfaoO: ANNUUPefle[NUOeRAT[.........._.._.„.,,,.,,,__,„ SEE ABOVE PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. leu YBW1 F116nu1 PN Cv<blr BWtlm Iprwnn Wn Mrle<kB 09Nw b M 09a19MIIb1<9, ei 1J003K1171 YBNAAYERKV~ P.O, 90% 1YR/, WIUAINOTOK DE 250 ' 5490 8914 4323 5003 PAGE / OF 4 FOR TDUR SA77SFACAON, EYERYHOIIR, EVEAY DAY • fr 9eYMllA<IY. rOenWd N.w w1,61. s.Al w.,.,r ...r j Al I; hi r\ PLATINUM PLUti 1 h I N I N' 1 I N N 4 N I J ~-~+ Illllllllfllllllllfllllilllllllllflfllllllflllllllll p1WL b: ! MBNA AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 Fa oeoaL4 Monntloe 9Y 1'{00'flY'6666 Paq tlon{o d Wane a now Igoplwoo numbs Ogow aro 5490 89144323 5003 5490 99144323 6003 PAI'NEMWf DAI( ALW BAI.AYCE /O/AL 07/19/97 f951.B9 TOTAL AI9LYUY PAYYEM DUf AVpN/IENC1Qif0 sle.oo DETACH TCM POI1110N AND AETIA11l qiM PAgUEM JACK A HOKE 14 E GREEN 5T MECHANICSBURG S P PA 17055-333500 PURCHASES AND ADJUSTMENTS 06/16 06/14 1764 MC C GIANT FOOD STORES M MECHANICSBUR PA 118.10 06/17 06/14 0089 MC C TEXACO INC 14611110010 MECHANICSBUR PA 21.00 06/17 O6/1S 4975 MC C BOB EVANS RESTAURANT N MECHANICSBUR6PA 30.00 06/1B 06/14 0002 MC C JO JO PIZZA MECHANICSBUROPA 14.56 06/19 06/16 1691 MC C RITE AID CORP 1693 CAMP HILL PA 7.49 O6/1B 06/16 1103 MC C 805COV DEPARTMENT STOR CAMP HILL PA 19.89 06/10 06/16 7905 MC C CVS N1616 MECHANICSBURGPA 11.18 TOTAL FOR BILLING CYCLE FROM 03/11/1007 THROUON OB/10/+YY7 f661.BY f1YY.39 CR IMPORTANT" NEWS LIIYYLrv AR TOLNrICTInNf ~ 7O7LL YINIYUY PAYYLM DUL PIMOw Bgoneo HPrym«do I~1Gg1 IH PUrcAUOO OW Ad g r •1PMWI9 Rqo I111AMCl CHMOL! •11 Tronratlhn Foo IfNAMCl CNMDEB ININw Bgr,eo ToW PogOw Amouq..r.......-. 10.00 na CIWM AOVOncoo lu mr Cu1rA POPmm1..._...._..._.. f19.0o {199.79 1199.79 10.00 1931.89 10.00 f0.00 5931.!9 T9W MM9mml POymoM Duo .._._..........«._._...._...._ f 19.00 f1NANCE CHMDE SCHEDULE ~,~, Poaodfe RYo Cash Advances A. BALANCE TRANSFERS, CHECK5.0.016164X DLY 8. ATM, BANK .................0.0465401C DLY C. PURCHASES .... ... .. ..........0.04694BX DLY cARwlDLOea SINCE 1997 ralrPalaI11B BgNC1 Amuq eugoctfo PorcoMOOO fblo Fboneo CArpo 9.90% f0.00 16.997. f0.00 16.99% f0.00 FOA TMs BlLIND PERI00: ANNUAL-!RClNTAOlMTL .............._.._.._.._..._..._. SEE ABOVE PLEASE SEE REVERSE SIDE FOR IMPORTANT INFORMATION. FOR YOUR SAT/SFACDON, EVERY HOUR, EVERY DAY • Fa W b M miwlo, ubmobd bgbr, roto4lo adl, poymrb noWod, prymrl dug duo dq9 rd mrl odes a b !purl baonr trgn, PIH aodr, IhooY loadolo, m' A Aglrb oWOmnb, dY t~BOD IOB ddBS • io •~ b ro d an MBW1 Plgi.m f1w Crbmr BoibNon nplrpb5.e aY 8007896)01. • Fa TDD (Taoaanmunko0an Oalr b M Dog! rlbirr, 901 l 800 016 011 Yq mrb b: NBIN AUERIC/~ P.O. BOX 15019, WIIHINOTON, DC p 1 tb ~ro prrwd ady M rr11r hpfiy. ~M~ Jqulin 1+pukM. ugnp • ~ d ~ lam. P Oo 00% L160t6 YAWIIIDT 1 „S1t1.11E~1~5029 150 5490 9914 4323 5003 PAGE 2 Of 2 pry afgo Dp I l I l 18 00095189000019000005490991443235003 Hang pnmo WaM pbano A1D17~ PLATINUM PLUS 11/15/97 02:59PM MBNR FlMERICR BRNK I 549999144392 I 41•V.^..:, AIC//.t.•i1EF1'l rxM1aAtn:n.[6 rv:Al ~.nr PrM Cetnq! 01 Atltlrfl{ M TthphOnt NWnEfr Btbw cl CARDHOLDER SINCE 0311018T MECHANICSBURG PA 17055 • 1 I 1 PRCE U03 OF 004 rol¢,nncnm 08/1891 Ii•141MM.Nr,•1•r4I P x (2300 ..:11 r v 1•.1,r .,•• 4 11.16E 8: n.. n:... t., :.1. JACK A HOKE 14 E GREEN ST 18 01168820000000000549099144392 MVR • v I rPIrAI Nr p7v(rIiFEM APN,RC ~^~'~ ALJyr)P/rE 11VvL ,AWAVPb Nf41CVE POVUep•!I.1 •! rn !I G .'.49099144392 51000000 58,83118 32 078297 52300 0811897 :n:.,: 1,r:n71 .• ulPw:f ~ :rn _uni.'s'• I ~1tA4;4 nw; JULY 1987 STATEMENT I ••.,,..r. ~ ~ ~•• Ir isnr r I FAITIENTd AND CREDITS . "~ l i~) ~ 11 i. i.J '1 Pei VF11T - T: \11:'.F PP 1 FIRtCIlASE3 AND ADJUSTl6NT8 • ~. I. 1^ '1 'iL'b::'i i~'16:i P1::A IIetIW IlCi141.'. 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PAGE 1 OF V, n R M 'P tl t •_ ••, ,.,.1., ~ J t o k JY e N THIS DOCUTAENT IOACOPV OFYWRJULY 1991 STATEMENT IT IS FORYWRRECOROS ONLY AN015IIOT ANOFFICUL BANK DOCAMENT 71nS COPY IC IlOT All E%ACT DUPLICATE A110 MAV t10T ItIClUOE MECSAOEON411G1 APPEAR IN TILE IMPORTNR NEWO OLOCd ON VWR OOIORIAL PEOIODIC LTATEMCIIT. i 11/15/97 03:OOPM MBNR RMERICR BANK PRGE 004 OF UUt+ L1BNA PLATINUM FLUS A~-I,.,)..f AE'IA UfE54:1 !A 154.1 M12i'rl IQ i'Rii'~'f!IY Pml C111pQp 91 AEEr114 a TU4pIlOn! NMnBpr 84bw :11. :,, 1 1 ~..•_,.... •N.•.,.... 18 01168820000000000549099144392 wi •rlllAtCLR :r((rtLMt iCNlAirffll llr ANi p.glp•.n :LJ~NJt'1'1 h•r\Wi1,14r1.4u.(.1'[ rl•11t~01i`[••r'i AYK.wY 5x9099144332 (10000.00 f8,831.18 32 07/22197 523.00 0811851 --•". I -. nr.. r. n ~afUw'I \s• Ir,uW;RI hrurlrgw; JULY 1097 STATEMENT I "'w,~.E. I ...y:.•. rut AurA rrt I TOTAL [OR BILLING CYCLC [R04( THROUGH 7/44/97 :796. ".• ..Orl,~y(r ct 6/:1i 37 IMPORTANT r1EW S SUAIMARYOFTRANSACTIONS T01AL MIIRMUH PAYAIENT DUE ".•.•r..• 11 I:..«n. .•r ..J• I.1 na:: pl rr.wA« ..f Inwwlx pl Y•r.I ~. 1:. ....., .. SJ iJ ..b ..Y Wn-: ..14nb.t rwu[I tfufgtt rwYCl Alweti I.I I nm (nu 11?. Il If•I' nr., 11 IIAI \ww..f n «II. 1]180 FINAN('. ECIIARGE SCHEDULE FOR YOUR SATISFACTION, EVERY HOUR, EVERY OAY ta.nAy n.IBlut Rtl. tantn~^9AmY4 eAAlftr Suq.alo .M1.y4.prn'nb.u\•vJ-gq.n!...MY!•n.u lu.m-yn. r..d ::,nrn•pl-. r...a.. PelernNgt PfH fNmtCMrpq rHl.Nnrfd A:leCw Mln lydltU••P.n;Pp t7L..1+,.4r.lf,•14+;, .t •I r11Ys•. A BI. Crr<b 0018181x E1Y• 5.9094 (0.00 •LYrorfd;. ul lOp:rc.0.r, B AIM, Bdn4 00/85/714 Ely' IC 9914 (0.00 '4•at.N.4nn:Nnt Alil•.Rdnw~rtr, ~.U,4nl f'..AJ.f bol nc.dA4••-,.d t PucAnrt 00/85/714 Ery' 18.89% (1,]5508 ' INOla67:'I D MNtf Odtnat 00/85/714 Ely' 189914 (000 rh. IIUIW!:•rvn,treYObft:Mpr L\Nl~rx.M...A IU/.•..1...11 ~- r NM.JYnwNtN 4LN'AVE~M.AFt•IAj~Y/11'r P.71lV.;IiU,(~r,H.rpl~ t•M.N!/YCY.P/.wM•INA.•N.n'MOq.r\ISlI11gr~4s5 •~nlA.u.. .tulr n..~P. •.• _ .'\C AInI A 1 rEPC IA0E PATE IG I~g I,.r1 ,n1,1A pfAnpN nplw t. IIN 14 PIpi'f l Pi. [q: Yn~. y^ LIp .)(~ II N' p L 1 E : rr •P R 914a PP VA40 i OF 2 ... • ~ ,.,. ,„ ............-. ~-.,. ~ enodK pl! Mpy VIry 9 392 GE THl i L•OCUMEIIT 15 P COPY 4F YC4RJUL•/ 1991 STATEMENT rr IS FOR Yr~R RECORDS C41LY AND IS IFDT AN OFFICIAL BMIN MCUMENT THI; COPY I$ NOT AN EY.ACT WPUCATE AND MAY NOT INCLUDE ME SSAGES WHICH APPEAR IN THE IMPORTPIIT NEWS BLOCY. 49'h:IJR OP.IGpIAL DERIC•CiC :TATEV EnT CARDHOLDER SINCE OL10K7 Yu1.r'(•r r' 54000814430: 11 f~a.nr;vu~fN nPrR C. rr. !p 08/18191 (1./88.82 Ivry lwrAOnuY•R h:1 lu uf• pup l.1:• (2300 JACK A HOKE 14 E GREEN ST MECHANICSBURG PA 17055 William P. Haffmcyer ( Knrcn L. Scmmelnuut' James G. Keenan Robcn L. Buzxcndoro David C. Schlmbachcr • Abo edmilted to pru:ria in Maryland Tclct+ltonc: (717) 84G-a84G Fnr:(717) R52-a790 E-Moil: info(r~hoffsentm.rnln Darlene E. Dubs Debra G. Smith Robert H. Sterner, Jr. Penleple Cindy S. Cron aookkeaper Louise C. Ovetmlller Ollln Mwl{er k Pueleyd Pleue dirnl ell correspondence Io York Ualce 30 Nonh George Street N Reply Plaw Refer to File No. York, Pennsylvania 17401 July 23, 1998 Philip H. Spare, Esquire Snelbaker, Brenneman & Spare 44 West Main Street Mechanicsburg, Pennsylvania 17055 E. Robert Elicker, I1 Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, Pennsylvania 17013 Dear Attorne S are and Divorce Master Elicker RE: Pretrial Statement Pursuant to Pa:R.Civ.P. 1920,33(b) Michelle L. Hoke v. Jack A. Hoke No. 95 - 6274 Y P Pursuant to Pennsylvania Rule of Civil Procedure 1920.33(b), the following is the: pretrial statement (Note that numbers corcespond with the numbered paragraphs set forth in this tule)c 1. Marital/non-marital assets. A complete list of all marital and non-marital assets, their value , and all other information is contained within the Inventory and Appraisement filed by? Defendant on this date. 2. Expert Witnesses. The expert witnesses and statement of their testimony is as followaf a. Williams Schweers, Jr., Esquire, 100 Ross Avenue, Pittsburgh, Pennsylvania, 15219; will testify as to the status of the personal injury action via speaker telephone. wuicn umce: 7l Fut Porrnt Avenue Shrcwshu PA 17Jfi1 , (717) 133•fi1J7 1 Hokc v. Hoke 3. 4. 5. 6. 2 July 23, 1998 b. Steven Wolf, M.D., Orthopedic Institute of Pennsylvania, 875 Poplar Church Road, Camp Hill, Pennsylvania, 17011, will testify wncerning Defendant's medical condition which will likely result in long-term disability and the need for reeducation. c. Defendant reserves the right to amend this response upon review of Plaintiff sere-Trial Statement. Lay Witnesses. The witnesses are as follows: a. Jack A. Hoke, Defendant, b. Michelle L. Hoke, Plaintiff, (as on cross). c. Greg Shieibley (as on crass, Plaintiff slive-in boyfriend) d. Rebuttal witnesses are reserved. e. Defendant reserves the right to amend this response upon review of Plaintiff sere-Trial Statement. Exhibits. The following list represents the attached Exhibits which shall be used at the time of the hearing: a. 2/28/97 Statement from Financial Trust Corporation for the escrow account of the proceeds of the sale of the parties' marital home, together with updated statements; b. 1997 tax return of Jack A. Hoke, c. Statement from Dr. Wolf, indicating Defendant's inability to continue in his employment. d. 12/31/95; 12/31/96; and, 9/30/97 Employee Benefit Statements from Conestoga Ceramic Tile Distributors, Inc. Profit Sharing Plan e. Defendant's Income and Expense Statement to be filed, f. Defendant's Inventory and Appraisement filed this date, g. Defendant reserves the right to present any additional exhibits as may be deemed necessary by counsel as a result of testimony presented at trial or as a result of reviewing Plaintiffs Pre-Trial Statement. Income. A wpy of the paystubs dated 4/98-7/98 (including year to date statements) are attached, and the 1997 Income Tax Return. Expenses. The income and expenses are as stated on Defendant's Income and Expense Statement. ' Hoke v, Hoke 3 July 23, 1998 • 7. Pension. The value of the pension or retirement benefits has been included in the Inventory and Appraisement. Additionally, the exhibits regarding the pension or retirement benefits are submitted under number four (4) above. 8. Personalty. All assets are included on Defendant's Inventory and Appraisement and documentation is provided under number four (4) above. 9. Marital debts. Marital debts are listed on the Defendant's Inventory and Appraisement and documentation is provided under number four (4) above. 10. Proposal. a, Equal division of martial portion of 401K and escrow acwunt. b. Divorce be entered. c. No alimony because Wife cohabiting with boyfriend since May l5, 1998. Copies of the exhibits which are available are attached; exhibits not presently available will be provided to the Master at the time of the hearing. Additional copies of the exhibits transmitted to Plaintiff s counsel via this Pretrial Statement and other wrcespondence will not be provided at the time of the Master's Hearing. - Very truly yours, HOFFMEYER & SEMMELMAN ,~~ ~ M~ l.~.r • ~~C P~r~i~~~ , ~ t~ Karen L. Semmelman, Esquire KLS:;d Enclosures xc: Jack A. Hoke In the Court of Common Pleas oP CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHBLLH L. HOKB Plaimiff Docket Number 95-6274 PACSES Case Number 825100003 Other State ID Number ~70r!o vs. JACK A. HOKS Defendant AND NOW to wit, this Order DHCBMBBR 11, 1998 it is hereby Ordered that: THS ABOVE CAPTIONED ALIMONY PBNDBNTB LITB ORDER IS TBRMINATSD, BPPBCTIVB NOVEMBER 16, 1995 WITH A CREDIT OP 5124.72. SAID CRBDIT IS TO BS DIRBCTBD TO THB CHILD SUPPORT ACCOUNT UNDER PACSBS CASB N0.596000025. BY THE RRO: R.J. Shadday xc: plaintiff ---_~, defendant Karen Semmelman, Eaq, tleEBndant Edgar Bayley JUDGE Jack Hoke, Eaq, plaLntLfE --- ~; Form OE-OOI ServiceType M ~~hrlas WarkerlD 21005 :Jtt"~uu NcA MICHELLE L. HOKE, Plaintiff v. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA N0.95-6274 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 27 day otTutw, 2000, it is ORDERED and DIRECTED as tollowa: 1. The parties hereto were formerly husband and wife, having been divorced on December 2,1998 by this Courtin the above-captioned matter. 2. During the marriage, Jack A. Hoke (S.S. #182-46-3764) ("Participant") was employed by Conestoga Ceramic Tilc Distributors, Inc. and participated in the employer's Profit Sharing Plan. (hereinafter "Plan"). 3. Michelle L. Hoke (S.S. #163-56-1366) raised a claim for equitable distribution in this divorce action. 4. Jack A. Hoke's current address is 14 East Crecn Strret, Mechanicsburg, PA 17055. 5. Michelle L. Hokc's current address is 5262 East Trindle Road, Mechanicsburg, PA 17055. uw orncu aRENNEMAN 6. The parties' Property Settlement Agreement dated November 16,1998 8: SPARE which was incorporated but not merged into the parties' divorce decree provides that the marital portion of the Plan is Twenty-Seven Thousand Eight Hundred Forty dollars and Seventy-Two cents ($27,840.72) as of September 30,1998. 7. The sum of Sixteen Thousand Seven Hundred Four and no cents (516,704.00} together with Onc Hundred percent (100%) of any and all interest, dividends, appreciation or loss an said sumof $16,704.00 at the average rule of interest, dividends and appreciation or loss for the martial portion of the funds in which Participant has been invested since September 30, 1998 to date of distribution from the Plan is awarded to Michelle L. Hoke ("Alternate Payee"). If the marital portion of the funds in the Plan is divided into a number of investment vehicles, the Plan is permitted to average the interest, dividends, appreciation or loss between the funds and apply this average percentage to the Alternate Payee's portion. The average percentage rate shall be applied only to the marital portion's net investment growth or loss and shall not apply to contributions, gains or lass on the nonmarital portion since September 30, 1998. Participant Jack A. Hoke is awarded the remainder of the Plan. 8. The Plan shall pay to the Individual Retirement Account of the Alternate Puyce upon her written instruction the sum set forth in Paragraph 7 above so as to protect the tax deferred status. The Alternate Payee's IRA account is with First Union Securities, 3401 North Front Street, Harrisburg, PA 17110, account number 42927432. uw ornces II -2 SNELBAKER. BRENNEMAN $ SPARE .• Alternate Payee intends this transfer to be considered a tax free rollover of the benefits distributed. Plan and Plan Administrator do not assume any responsibility for the tax consequences of complying with said payment instructions. 9. The parties shall promptly notify James Vogel of Conestoga Ceramic Tile Distributoro, Inc., the Plan Administrator and Trustee, in writing of any change in their addresses. 10. This Order shall be regarded as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and successor acts or amendments. 11. This Court shall retain Jurisdiction for the time period up to Plan Administrator's compliance with this Order to amend this Order as may be necessary to respond to Plan Administrator's determination that this Order is or is not a QDRO. 12. This Order does not change Participant's benefits or the terms of the Plan. This Order is not intended to change Participant's benefits or the terms of the Plan. This order shall not be deemed to change Participant's benefits or the terms of the Plan. uw omccs SNELBAKER. BRENNEMAN & SPARE -~- pu ~"a~~ MICHELLE L. HOKE, Plaintiff v. JACK A. HOKE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 9b•8274 CIVIL TERM CML ACTION -LAW IN DIVORCE $,T~PULATI N F R ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comp MICHELLE L. HOKE and JACK A. HOKE, Plaintiff and Defendant respectively, by their attorneys and etipulato that tho attachod Qualified Domestic Relations Order be submittod to the Court to bo adoptod as an Order of Court. WHEREFORE, tho parties hereto respectfully request your Honorable court to outer an Order pursuant to the terms of this Stipulation. Respectfu//lly Submitted, A. Hoke Michollo L. Hoke & SEMMELMAN SNELBAKER, BRENNEMAN & SPARE, P.C. Karon L.-Semmolman, Esquire uw or/.CE. 30 North Geor a Street SNCLBAKER. g BRENNEMAN York, PA 17401 $ SPARE Attorneys for Defendant Jack A. Hoke Bye / Philip H. pare, Esquire 44 West Main Streot Mechanicsburg, PA 170b6 Attorneys for Plaintiff Michelle L. Hoke Date: ~Q ~ ~ 'j u~ Date: ~ o?~, v~d'~ C