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HomeMy WebLinkAbout95-06936 ,I I, " 1/"" I,' d' " , . , , ~ ,', ",,' '!I " ,', " 'I i " " , , , , , , , , , " ~I 'r " , , , , " , , " , , , , , , ~ :1 ',' " , " 11.;i'l ,,' , .~ 'I, , , ' , , , 1 " " " i , " 1 " , , , 'I , I' , :1' Ii I,' , , , " . , I " ), , , 1 " ',II , , , I , " , II, , , , , ' ' ,I ~ , , ", " " " , ' " , . . ! , " ", , I' , " " , " ,II ", " , " , , i " ", " ,,' " " ,;1 " " '" , , , , , , :'1 'I, iJ' ;/ , " 'I' " !/i . 1 'II' " .~ q, , , , II , ' I,'"'' I , i}i , , , ~ I i' , ~ I 'I I I, , ",I 'I !j " " ;1' , . " " " , \i I ,pi ",I \ 1\ , , , '.. -'I' ;... r,: LO ~ j'. ., : "i..,!" ~i ,") ');.': .1:',1 ~;\ I.:... 'I;i I' . ' ~ . , " If") "\1 1 1-..1 ''>j !...; ~. .. ,In') r' .' '\,;.. :1:. ar" I,r,.. ~': I (., l. ~ ~ I,,) oC ~~ ~~ .... jJ .... c ~ ! C,1Il '... III z~ jJ 'tl ~ C C U o III .... <IJ l>: Ii! Ill. III .... 0 Q - ..... .2! :> ~ o ,:II .ll. i~ ~ U>OoC III ~ H ",t.J .J oJ Q " :.: :.: z ~ ~ i ~ 001 Z Z 0 H . H H .; E-UZ :c III :c ~ .:i~ .: f M ~C1~~ > ~ N . . l>: ~ i:i 01 OZtU :a: l>: U \Q UoC llI: ~ I I ..loCO ~ .J Q It'I ~llI: :> .J ~ 01 ~IIl.JH III 0< .., . ~~Q is is !i 210HZ H ~, HUUH :a: :a: "! " , , I ,I' 4 - ,. 'II ... , in lieu of "nd in full discharge, settlement and ~atisfac- tion of all such right~ and claims. NOW, THEREFORE, in cons idorat ion of the premises and of the marriage, ane'.' in further consideration of the mutual promises and UI'dertakings hereinafter set forth, each in- tending to be legally bound hereby, the parties agree as follows: 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 as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE, Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBT~. Wife represents and warrants to Husband that as of the date of separation she has not in- curred, and in the future she will not contract or incur, -2- any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans and/or debts, and charge accounts, presently in Wife's name alone shall be Wife's sole and separate responsibility for payment. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurr0d, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, including charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result ot any default in payment by Husband, 5. JOINT DEBTS. The parties shall be equally respon- sible for payment and satisfaction of the Sears credit card ' -3- bal.nee whieh existed as of the date of the parties separa- tion (approximately $2,200,00). Husband shall contribute his one-half (1/2) monthly payment to wife, who, in turn, shall be responsible for tendering payment to Sears in a timely fashion. Husband shall be solely responsible for payment and satisfaction of the BeT visa account and the dental obligation, and agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment of those obligations. Husband shall be solely responsible for payment and satis- faction of the GMAC Mastercard, date of separation balance, I"fIlYlH 0.5,Q" of approximately $700.00, and the eeRl!lIll!.er leaR, and agreesm,etJ 2-'l3.1\ (., to indemnify and save harmless wife from any loss she may .1 1 C\ '-h\mH :J '!hll sustain, including attorney fees, as a result of any def.ault ty\,R:H 2.~23-qCp in payment of those dabts. \Ir~" $"~Il. b.. r~~fo.....~I'e. f'.. +-1-..... ~,.'f..<Q~-+ or tl.. COW> rvf-~", ~O~).J A...I .. ,LL INJ~..""f1, H\J"~"tv~ w,~h ~\,.,.f +-h..do. 6. EOUITABLE DISTRIBUTION. Husband and Wife acknowl- edge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other rele- vant factors which have been taken into consideration by the parties. Both parties hereby accept the prov~sions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all -4- claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of oompetent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a oourt ordered determination and distri- bution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. DIVISIQN OF PERSONAL PROPERTY AND VEHICLES. The parties have divided between them, to their mutual satisfac- tion, the personal effects, bank accounts, household furni- ture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive possession of the leased 1995 Chevrolet Blazer currently in her possession, and that Husband shall relin- quish any and all interest he may have in such vehicle. Wife agrees to be solely responsible for payment of any and all encumbrances and expenses affecting such vehicle and shall refinance the lease obligation to remove Husband's name therefrom within two (2) years from the date of this Agreement. -5- Husband shall be entitled to exclusive owner"hip of the 1987 Chevrolet Blazer which is currently in his possession, and Wife shall relinquish any and all interest she may have in such vehicle. Husband agrees to be solely responsible for payment of any and all encumbrances and expenses re- garding such vehicle. The parties further agree to execute any vehicle ti- tles, Power of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. REAL ESTATE, The parties agree that Wife shall grant, transfer, r.elinquish and convey to Husband all of her ~ight, title and interest in the marital residence 10Cllted at 215 Chartwood Drive, Harrisburg, Dauphin County, Penn- sylvania. Wife shall execute a deed so transferring her equitable interest in the said premises to Husband contem- poraneously with the execution of this Agreement, It ia specifically understood and agreed that Husband hereby assumes sole responslbllity for payment of the bal- ance of the First Federal mortgage and any other mortgage obligations thereon and shall further be responsible for payment of all other real estate-related and household expenses, including but not limited to taxes, insurance and utilities, Husband shall indemnify and save harmless Wife from any loss she may sustain, including attorney fe~s, as a -6- result of any default in payment of the aforesaid obliga- tions by Husband. Husband shall refinance the current mortgage obligation within two years from the date of this Agreement, for the purpo.e of removing Wife's name from any mortgage debts related to the marital residence, In the event Husband is unable to obtain a commitment for refinancing within two years from the date of this Agreement, Wife may immediately demand that the premises be sold, and Wife shall be af.forded exclusive rights to same as the listing real ostate agont for the property, 9. fENS IONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retire- ment plans and/or employee stock or savings plans, which they have accumulated during the course of their past and present employment, It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in maid pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other, The parties agree to execute any and all documenta- tion necessary to effectuate the terms herein contained. Specifically included in the foregoing are any benefits to which Husband is entitled through his employment with Her- -7- 10, CUSTODY, A, The parties shall have shared legal custody of the children. Wife shall have primary physical custody of the children, according to the terms set forth in subparagraph C of section 10. Major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, and religious training and upbringing, shall be made by the parents jointly, after discussion and consultation with each other, with the goal of developing and adhering to an harmonious policy in the children's best interests, Each party shall keep the other party informed of the progress of the children's develop. ment, Each party shall not impair the other party's right to custody or partial custody of the children, including not interfering with the other party's physical custody of the children while the children are with that parent. 'rhe parties shall give support to one another in their role as parents, and take into account the views of the other parent regarding the physical and emotional well-being of th~ir children. Each party shall not attempt to alienate the affections of the children from the other party, nor permit shey Foods corporation, and any benefits to which Wife may be entitled through her employment with Jack Gaughen Real- tor, -8- any third person to attempt to so alienate the affections of the children from the other party. The parties shall not involve the children in any of the disputes between them, including, but not limited to, financial matters. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. Toward that end, the parties shall consult as neces- sary at least once per week to discuss the children's prog- ress and to encourage the children to contact their father by telephone, except that the frequency and duration of such calls shall not interfere with the custodial arrangements at that time, Day-to-day decisions shall be the responsibility of the parent then having physical custody. B, The party having physical custody of the children at the time of an emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, at the earliest appropriate opportunity, that parent shall inform the other parent of the emergency and consult with him or her regarding the emergency, c. Each party shall be entitled to complete and full information regarding the children from each other and from any doctor, dentist, teacher or other authority and to ha,ve copies of any reports given to either party as a parent. These documents shall include, but not necessarily be limit- ed to, medical reports, school records (inclUding report -9- card8), pa88ports, birth certificates, baptismal certifi- cate8, childhood memorabilia of the children acquired during the marriage, and family photographs. D, Wife and Husband do not want to establish a fixed schedule regarding the physical custody of the children, Instead, thl\l parties believe that it is in the t~hil,dren's best interests to maintain the flexible schedule that they now have, with Husband having physical custody of the chil- dren a minimum of two (2) consecutive days (including two (2) "overnights" whenever possible) every six (6) days according to Husband's current working schedule. The time and manner for pick-up and delivery of the children at the beginning and the end of such two (2) day period shal.l be flexible and determined by agreement between the parents. In addition, Husband shall have a minimum of two (2) weeks (seven (7) consecutive days) uninterrupted partial custody of the children during Husband's vacation from employment. The two (2) weeks need not be taken consecutively. Father shall provide a minimum of sixty (60) days notice to mother of the proposed periods of uninterrupted partial custody for vacation purposes. The partial custody arrangements provid- ed for in this section 10 shall serve only as a minimum and Husband's partial custody shall be as liberal as in the children's best interests sUbject to Wife's consent, which consent shall not be unreasonably withheld. -10- , , ;/ E, Neither party shall sohedule aotivities for the ohildren for times when the other party has physical ousto- dy, without the other party's oonsent, (whioh oonsent shall not be unreasonably withheld), exoept that the parties shall give primary consideration, to the extent reasonably possi- ble, to adhere to the children's usual schedule and r.outins. ,~. ~ ~, I '~ " .1 r r " F, Husband and Wife recognize that the children may have wishes and preferences of their own with respect to the foregoing custody arrangements, which the parties shall give reasonable consideration to in establishing custody arrange- ments, 11. CHILD SUPPORT. Husband shall pay child support pursuant to tho Order which has been entered in the Domestic Relations Order of Dauphin County, Pennsylvania, pursuant to No. 2429 DR 1995, or as that Order may be modified hereaf- ter. 12. COLLEGE EDUCATION EXPENSES, A, Husband and Wife shall each contribute equitably to th~ educational costs of their children. It is the intention of the parties that the responsibility for prOVid- ing post-secondary educational expenses shall be a shared responsibility between both parents. Husband and Wife further acknowledge and agree that the duty of both parents -11- -12- to provide pOlt-secondary education for the children is and Ihall not be as an exacting requirement as the statutory or common law duty to provide food, clothing and shelter for the minor children who are unable to support themselves. For purposes of this Agreement, "post-secondary education" shall include undergraduate or vocational education after the children graduate from high school. B. Each parents' obligation to contribute equitably to the educational costs of the children shall include only such post-secondary educational costs in exo... of the amount of any scholarships, grants and work study assistance which the children, after having made a reasonable effort to apply for the same, receive. In other words, the amount of any grants, scholarships or work-study assistance amounts received by the children shall be deducted from the calcula- tion of educational costs according to the terms of this section 12, c. Notwithstanding anything to the contrary contained herein, either party's obligation to contribute to the educational costs of the children shall, from time to time, be subject to modification, suspension or termination by marital agreement of the parties or by order of the court (as hereinafter set forth), if any of the following circum- stances exist: 1. Undue financial hardship would r,sult to either pannt; or 2. The educational costs would be a contribution for post-college graduate educational costs; or, 3. The obligation would extend support for the children/student beyond the student's twenty-third (23rd) birthday unless exceptional oircumstance exist which would require the student's education to continue beyond the student's 23rd birthday. For purposes of this section, the term "educational costa" includes only tuition, fees, books, room, board and other educa- tional materiallil. "Post-secondary education" includes educational or vocational programs provided at a col- lege, university or other post-secondary vocational, secretarial, business or technical school. D. If Husband and Wife are unable to agree, from time to time, on the amount of each parents' equitable contribu- tion to the educational costs of the children, as defined in this section, either party may request a court of competent jurisdiction to make a determination of each parent's equi- . table contribution to such educational costs. In that event, after calculating educational costs and deducting grants and scholarships, thfl court may order either parent or both parents to pay all or part of the remaining educa- tional costs of their children provided that, in no event, -13- shall wuch oontribution tor either parent exceed 70' ot the educational oosts of the ohildren, E, In attempting to negotiate the amount of each parent's contribution, the parties ehall consider, or, if negotiation is unsuccessful, the court shall consider, all relevant factors which appear reasonable, equitable and necessary, including the following: 1. The financial resources of both parents; 2. The financial resources of the student; 3. The receipt of educational loans and other financial assistance by the student; 4. The ability, willingness and desire of the student to pursue and complete the course of study 1 5. Any willful estrangement between parent and student caused by the student after attaining majority; 6. The ability of the student to contribute to the student's expenses through gainfUl employment. In that respect, the student's history of employment shall be material; and 7, Any other relevant factors. F. Notwithstanding anything to the contrary contained herein, the monetary amount of each parant's obligation to contribute to the educational costs of their children under this Section 12 shall be subject to modification by the parties or by the court, if the parties are unable to agree. -14- G, In interpreting the provisions ot this section 12, a court may be guided by the authority of the Act ot July 2, 1993, P,L. 431 No. 62, section 3, and the case law constru- ing said Act prior to the Supreme Court's decision declaring such statute unconstitutional. 13, ALIMONY. Both parties agree to make no claim for alimony or alimony pendente lite now or at any future time, or in connection with the p~nding divorce action between the parties. 14, COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her respective attorney tees in connection with this Agreement and th~' pending di- vorce action between the parties, 15. LIFE INSURANCE. Husband and Wife agree to main- tain lite insurance policies on their respective lives with a minimum death benefit of $100,000 each naming the minor children as irrevocable beneficiaries until they attain age 23, respectively. Proof of beneficiary designation and payment of premiums shall be furnished annually upon request by either party. -15- t 1 ~ 16, FINANCIAL DISCLQSURE, The parties have disclosed to each other and they are aware of the extent ot each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set ,aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is : , , " , 1 , ') " inequitable, unconscionable or does not make a reasonable provision for one or the other of them. , r h' 17. BREACH. If either party breaches any provisions of this Agreement, the othor party shall have the right, at his or her election, to sue for damages for such breach, including legal fees and expenses, or seek such remedies or relief as may be available to him or her respectively. " 18. ADDITIONAL INSTRUMENTS, Each of the parties shall trom time to time, at the request of the other, execute, acknowledge, and delive~ to the other party any and all further instruments that may be reasonably required to give tull force and effect to the provisions of this Agreement. 19, VOLUNTARY EXECUTION, The provisions of this Agreement and their legal effect have been fully explained -16- to the parties by Max J. smith, Jr" Esquire, attorney for Wife, and Jeffrey L. Keiter, Esquire, attorney for Husband, and each party acknowledges that the Agreement is fair and equitable, that full diaclostlre has been made by each re- spective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 20. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of counseling to facili- tate entry of a divorce decree pursuant to section 3301(0) of the Divorce Code at the expiration of ninety (90) days from the date of divorce complaint filing. 21, WAIVER OF CLAIMS AGAINST ESTATE, Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relin- quishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdic- tion, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's -17- allowance, right to take property against the will of the other, and the right to ~ct as administrator or executor of the other's estate, and each will, at the request of the other, execute/ acknowledge and deliver any and all instru- ments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 22. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurJ,sdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland county, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agree- ment in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other claim for relief which might be brought by either party -18- against the other, or with regard to any other provision hereof, In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilitles of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 23. ENTIRE AGREEM~. This Agreement contains the entire understanding of the parties, and there are no repre~ sentations, warranties, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effec- tive 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 or any subsequent default of the same or similar nature. 25, DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. -19- .' ,I ,. '1, " " , , \ I' , , I 26, IRREVOCABILITY. It is understood ~nd aqreed to by and between the respective parties hereto that the property division-distribution effected by the hprein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in ciroumstancee of the re- spective parties OR by other statutory or judicial alterna- tives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Penn- sylvania or any other jurisdiction. The parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions, IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, I WITNESS /fA 1'a.-I-a.J..f}--l,;? ~ ~ I, , ~ICHAEL R, HINKLE -20- til 'I, f' , 'i" ~I ~ " 'I' ';1 " , I\~ ." ), , , " ~~, ". " , '.' " " ir. C") E= LI~ ~J.. M "~ ' ~f :'~)~ ,i :'t: ,.)~1;~ Ll- ":l:J "".,.. tn ",'rf) " -1'-"'- , .' ."l ._ f, 0.-;\" (.to. ' t!ln (. ::~ , ~"!O.. I,!. 'J:? :.1 c .... '0 , , , t. N 1" ,,., 'I., II) ~ I;j l<J I" 0 \ ,) ,." ') ".., ll_; ~ ('~ ~,; ,,) ~ ~f: U:~r: "- ....... u~ 1"1'" . ~., f.r) .' .I.. .~' '/ J I hI.,: !i' '", II ,. .t? .... c-rn (F~J ,~.: ,,; ~I. u... 'll- - to (;; """-- ..) ~ I'" "j "t::::; 1'- ~ 'l' " U" {) I'-' r~ \).c .~ .....,. , , ~,,~~ ,,) .' ---) 0< f/l0< 0<> 'I< ~>l '" 'I< ~ ""f/l '... to ~~ .. 'C r.l ~ ~ U ~ .... CV ~ ! ., 'I< 0 .... <lJ > o ,:II Po 0 H ~ U;"O< . . 0 ~~~ r.l r.l .J ill: .J Z i Od ~ ~ ill: H 0 Z Z >< -: f<UZ H . H E-< i j !!lQSr.l :r: II) :c z ~ ~ :- H 0 Oztu . . 4; jrn UO< Ill: :E ~ ..J ..; fal..lO<O fal c. ~ p: > .J ..J :E j iSr.l..JH r.l 0 lIlHO r.l 4; U ~ X,> :c :c Z::lHZ U U ... HUUH H H :IE :IE . . . ~ ,", . ' . . . , '. MICHILB M, HINRLE, Plaintitf v.. I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLV~fIA I I NO. 95- ~9.j '- civil Term I MICHAlL R. HINRLE, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND C~IM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend again.t the claims set forth in the following pages, you mu.t take prompt action. You are warned that if you fail to do .0, the case may proceed without you and a decroe of divorce or annulment may be entered against you by the court. A judgment may alBo be entered against you for any other claim or relief requested in these papers by the plaintiff, Y.ou may lOBe money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must r~queBt mar- riage counseling, A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARI,ISLE, PENNSYLVANIA 17013 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 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERI~ND COUNTY. COURTHOUSE, 4th FLOOR 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 3387 (717) 240-6200 (J)) /,;911-1\ I MAX J. SMIT , JR., Esqu re Attorney for Plaintiff P,O. Box 650 Hershey, PA 17033 (717) 533-3280 ..... MICHELE M. HINKLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff NO. 95-6936 Civil Term v. CIVIL ACTION - LAW IN DIVORCE MICHAEL R. HINKLE, DCIlfendant lIP'tIc;;a TO PLaAD TOt Max J, smith, Jr.,Esquire Attorney for Michele R. Hinkle James, smith & Durkin P.O. Box 650 Hershey, PA 17033 YOU ARE HEREBY NOTIFIED to file a written response to the enclosed counterclaim within twenty (20) days from servic6 hereof or a judgment may be entered against you, Jef Att sup erne Court I.D, #15966 1332 East Chocolate Avenue Hershey, PA 17033 (717) 533-8889 .- , . MICHELE ~\. HINKLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintif f NO. 95-6936 civil Term v, MICHAEL R. HINKI,E, CIVIL ACTION - LAW IN DIVORCE Defendant ANSWER TO COMPLA.:r~ AND NOW, comes the Defendant, Michael R, Hinkle, by and through his attorney, Jeffrey A, Keiter, J.D., and respect:fully answers the plaintiff'S Complaint as follows: 1-B, Admitted, WHIRl FORI , Defendant prays your Honorable Court to enter a decree of divorce from the bonds of matrimony, COUNTZRCLAIM COUNT I EOUITABLF. DI~TRIBUTION OF PROPERTY 9, The averments contained in paragraphs 1 through 8 are incorporated herein by reference as if the same had been fully set forth at length. 10, DUring their marriage, the parties acquired certain real and personal property which is held by them either individually or as tenants by the entirety, which property is " !, . .... , MICH~LE M. HINKLE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA plaintiff . NO. 95-6936 Civil Term v. MICHA~L R. HINKLE, CIVIL ACTION - LAW IN DIVORCE Defendant CERTIPICATE O~ SERVICE On this':rd day of ~_, 1996, I, Jeffrey A. Kelter, J,D., do hereby certify that I have forward a true and correct copy of the foregoing document by First Class mail, postage prepaid to the following: Max J. Smith, Jr"Esquire James, Smith & Durkin P.O. Box 650 Hershey, PA 17033 ~ I ~ 1.,1 i '~ :11 . .. .~ - , , ,~ .~ ~ VB, I IN THE COURT or COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 9~-6936 I I CIVIL ACTION - LAW I IN DIVORCE MICHELE' M, HINKLE, plaintiff MICHAEL R. HINKLE, Defendant CERTIFICATE OF S!RVICE ~fD NOW, this 15th day of December, 1995, I, MAX J. SMITH, JR., Esquire, Attorney for plaintiff, hereby certify that I have thi,s day sent a copy of complaint in Divorce by depositing a certified copy of the same in the United states mail, postage prepaid, certified mail *Z 183 555 956 at Hershey, Pennsylvania, addressed to: Michael R, Hinkle 215 Chartwood Drive Harrisburg, PA 17111 Mailing and return receipt cards attached hereto, {~)!ty MAX J. SMITH, J , Esqu re JAMES, SMITH , DURKIN P,O, Box 650 Hershey, PA 17033 (717) 533-3280 ~ . ) c ) ( '.. M '- r' 1,1) r . " .,. ,'1 .. .:\ \1f. I M . .I'i f' , ~: l)t. .~ ' '. u.. . "l:':1 , (,~ , '..., " f:';, II') ''I N I ,~ .') [;..' ~e ,~: t t,J .::: i'l~ :I:: , { ~ . . ,,~ c" , , rr\ I, " , " , , AolIt\. " , , . ,If/I .. ., MICHELE M. HINKLE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-6936 v. MICHAEL R, HINKLE, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND ~IVER OF COUNSELING 1. A Complaint in Divorce under section 3301 of the Divorce Code was filed on December 5, 1995. 2. The marriage of plaintiff and Defendant is irre- trievably broken, and ninety days have elapsed since the date of filing the complaint. 3. I consent to the entry of a Final Decree of Di- vorce, 4. I have been advised of the availabJlity of mar- riage counseling and understand that I may request that the Court require that my spouse and I participate in counsel- ing, I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court, I verify that the statements made in this Affidavit are true and, correct. I understand that false statements herein are mads subject to the penalties of 18 Pa. C.S. section 4904, relating to unsworn falsif catio 0 authorities. Date: March 11)..__.1996 , , ",~,!'"" i.l d.,., ,:/1 /I,'j.., .,.--..' ...."--"......', " , , , , " , :i , ! ',' , , lr: (,") ". LI? '- , , .,' I.~.. ~0 c:, '~.;r- },I ,JIIJ f: :r.: I ..' ~:'I -I: ,,- .'J~~ ~( I In i ;/~ " c.~ 1 '" [l;" c:: l'iJ r ~ , :1 ~; " :~n. t,.L., ,f) :.) () c..., (~.J ': " , , " " . . , .. . " , ' I tr C") .'. {; I.n '- -' .. ,..)ot:~ 'C'l . l~J <' .~ .,1 ~\j'~ ., ~:. . u.. -.,~:j i !.t'') ",((~ L ,,~ a\\' q:i' , , c< ,i \11 .' . 1- ' liL. ~,... " ,,", -) l~. ,~ " (,J , I ~ .' . .. . . I, , - '. . MICHELE M. HINKLE, IN THE COURT OF COMMON PLEAS CUMSERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 95-6936 Civil Term v. CIVIL ACTION - LAW IN DIVORCE MICHAEL R. HINKLE, Defendant A.PlpAVIT 0. CONSENT 1. 11\ complaint in Divorce under Section 3301 (e) of the Divorce Code was filed on December 5, 1995. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. DATE:~arch lB. 1936 j!.1/;;,J7\ 7.J,:"" .LJ1.( Michael R. Hinkle " '.. (1') '- ~ In L'~: t.:': :.. ';~~l "-, r )~~ (1 ~c: ' ': ~i~i f u... I (.'1 ,,"',:; L ~ ('oJ ) :,-; IT:: I' c !j'/'] f!.: " '/d... :.;, l;'.. \.0 .1 \~i (,11 ~-) P'i " , I I I, ~ .' . .. .. .., I I' III :1 I I- " '- ..... CO) ~. 6:' '.. j:'.:: I In t.~ I~ c~ "') ,.,. ') ~ :;: ~IC .-j Z:.,~ "J' u. -r 1'::J , In ',1rj I- N "';;. I, . -; " fE',I, C" j' :?i.J f!.: ~; ,11.1. , ~; j , '" , c.:. I',> , , " , " , , ,- I 1"\ ,- ., ." .. "'" f ~ , !~ a! ..lS:: =; ~~3I ~~~ o!. o ..U21 '" Cll 0 c'Il C ~... ~ $ 8.d~~ I ..l oC 0 In ~Cll > Cl\ lIIl'ol~'" "lIl~Q o !...21 21 '.. (r) , tt; >, &. I ," .. I J, J ~ I , ~.... , I ..c, . n: ,I ' . ...,: r',1 (', r' "") I t .' ";, I ,~ , ) '::,' , 0' r' " I I :,',1 i, ~. I. t " , I ....~J (.I' i I .... .... .... ... c: .... III .... -p.. M ..:I Ill: 21 ... a:l . I: M ..l M a:l U H . ), , ... c: III 'tl c: Qj .... Qj -Q M ..:I Ill: 121 H . a:: l> t l'ol I: l'ol M Cl: ~ 0< !-Ie< 1:121 eM 01: 121M M..l Ol:: OM <CI) ..:l oC !-I H Cl: oC E , Cl: ..:l M oC a:l U ... I I <Ill - un i i i = .... . . '. JUL 1 ~ l~~; \',."1 I' 'J ,I , . ",j " . MICHELE M. HINKLE, plaintiff ToN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9!j.6936 VIJ. MICHAEL R. HINKLE, Defendant CIVIL ACTION - LAW IN DIVORCE , . ORDER AND NOW this ~ day of ' 1998, it is hereby ORDERED and DECREED that Addendum to Marital Settlement Agreemel1t is incorporated into and made part of the Decree in Divorce dated March 26, 1996. J. / MICHELE M. HI~KLE, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-6936 vs. MICHAEL R. HINKLE, Defendant CIVIL ACTION - LAW IN DIVORCE ADDENDUM TO MARITAL SETTL~MENT AGREEMEN'r THIS ADDENDUM, made this lOth day of December, 1997, by and between MICHELE M. HINKLE, (hereinafter called "Wife") and MICHAEL R. HINKLE, (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife executed a Marital Settlement Agreement on March 5, 1996; and WHEREAS, Husband and wife desire to amend the real estate provision set forth in the said Marital Settlement Agreement, specifically numbered paragraph 8. NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows: 1. The parties agree that Husband shall grant, trans- fer, relinquish and convey to Wife all of his right, title and interest in the previous marital residence located at 215 Chartwood Drive, Harrisburg, Dauphin County, Pennsylva- nia. Husband shall execute a deed so transferring his equitable interest in the same premises to Wife contempora- neously with the execution of this Agreement. It is specifically understood and agreed that Wife hereby assumes sole responsibility for payment of the mort- gage obligation thereon to Marine Midland (formerly held by First Fede~al), and shall further be responsible for payment of all other real estate-related and household expenses, in- cluding but not limited to tax~s, insurance and utilities. Wife shall indemnify and save harmless Husband from any loss he may sustain, including attorn~y fees, as a ~esult of any default in payment of the aforesaid obligations by Wife. Wife shall refinance the current mortgage obligation within eighteen (18) months from the date of this Agreement, for the purpose of removing Husband's name from any mortgage obligation related to the: previous marital residence. In the event Wife is unable to obtain a commitment for mortgage refinancing within eighteen (18) months of the date of this Addendum to Mad tal ,Settlement Agreement, Husband may imme- diately demand the the premises be sold, and Wife shall market the property for sale as the exclusive listing agent for said premises. 2. It is expressly understood that all other provi. sions contained in the parties' Agreement dated March 5, 1996 shall remain in full force and effect. 3. The parties agree that this Addendum shall be made part of the Marital Settlement Agreement dated March 5, 1996, and incorporated into the Decree in Divorce dated March 26, 1996. 4. Both parties acknowledge that the Addendum is fair and equitable, that it is being entered into voluntarily, and that each has had the benefit of consulting with their respective attorneys, Jeffrey A. Keiter, Esquire, attorney for Husband, and Max J. Smith, Jr., Esquire, attorney for Wife, prior to signing the Addendum.