Loading...
Divorce - Foster-Fougnies, Kimberly K_2/24/1997i.� .t}.' FEB-21-97 FRI 15:22 . -, .. ,�: _ ._ 4 ' � NATIONAL BA►� ����� Down.rown ofiice 225 North Huc Street • Princeton, IN 47670 (81� 3a5-2521 • Fax (81� 38Cr60G3 _ _ DATB: " O "� I' ! 7 TIF98: _ f �H4v�� _ � ��.:s i�� `:.G; ya`' . �t_Tr �.A � Y ...i_ . i° ;T�: , .. i': � m dIIlIBEB OF PAGES: � In.l,(.i � C.OU'QJ1 SEND TO P �0lt �l-����i� P, O1 ���.�.�.�� ,�.�����.�* ADDITYONAL COMMEdTS 0 S Oo r L�G<<••r�;�i' O�c.,.o l,ct� �.'� n.p.Q cl,' .` i_ I a ii . :l r.C� �f � L 0 �p ��L� 1 � oe- -�-� �.��►�� �(r�� .�fKCC� �. � CC..,�•. n... :_�. ..�.I•t.� •�' �J / .. "� FEB-21-97 FRI�15;27 W�.' -',� : .. h : .ii • ~ �LD NATIONAL B,�Nl� ���� Aowntown Oftice 225 Nocth tiart Street • Princcton, IN 47670 (el� 385-2521 • Fax (812) 386�G063 - - DATE: d �� i' ( / . . TIM$: NOHBEB OF PAGES: `� Lbl,( (� C.OU'P/� SEND TO <����-�� *� ��.���,,.,��.��.,,.�„�.����.�.��,�-�*��*��,.��.�,� ADDITIONAL CO!lMENTS �ax �� DD� 03 �_S90o �` i,.3GS r�.� ��CU.� o f,�1 /� �'� a,Q Q t• i:-.._ .,' P P� e� .�r, ��f �,�i A �� IYtP ��n }y�v �P.-n°t� t�1Ci.<� _'T_ %� '� >i f�cl ✓1tClc%./` 1 C C .M1.n...�rls Y yn�` ��/ P. Ol FEB-2]-97 FRI 15:28 .i "• � �.«. �:.a, .�.,i� r!ov 2 �� 1993 pROPBRTY HSTTLBMSNT AG&E81(ENT G� �W JCl��.�.� THIS AQREEMBxm, made and entered into this the °eY��If+�^op 11.Q9�,�th , 1493, at Princeton, Gibson County, Indiana, by and between JAMF.s M. HOTTEL, hereinafter called "HUSHAND" and KIMB&RLY It. HOTTEL, hereinaftet called "WZFE"; WITlT888ETH� T$AT: "" = WHEREAB, the parties hereto are husband 3nd wife, and; . _ - _,.;__. '-'�'"`;�' WHBREAB, certain disputes have axisen between husbdnd and WiPe --' as a result of which they separated on the lOth day of September, i_ 1993, and ceased living together as husband and wife, and, WHEREAB, there is now pending in the Gibson Circuit Court of Gibson County, State of Zndiana, an action for Dissolution of Marriaqe entitled "in Re: The Marriage oP J . e nd Kimberly K. Hottel,° under Cause N 26C01-9309-DR-01 n said Court; NOW THERSFORE, in consideration of the mutual covenants and aqreements contained herein, it is agreed by and between the parties as Pollows: 1. This Aqreement ehall in no way be construed or considered as an agreemeni betveen the parties to obtain a divorce, one Prom the other, but the same is to be considered strictly as an agreement settling their rights respecting distribution oP property, custody and visitation. 2. This aqreement shall be irrevocably bindinq upon both parties, and shall be consumated upon its approval by the Court having jurisdiction of the dissolution proceedinqs as aforesaid, and the granting a dissolution to either husband and wiPe. FEB-21-97 FRI 15�30 P,03 .. . � � in the ¢vent that the Court havinq jurisdiction of eaid dissolution procaedings between the parties does not grant a divorce, this Agreement shall ba null and void in its entirety. 3. That each of tha parties hereto have made a full and completa disclosure to one anokher as to the nature and extent of I� their respective assets and each party herein e�cpressly agrees that he oz she is Pully satisfied With the disclosures made by each .. - party as to the natura and extent of said assats and furthermore __'�`�_•Y` that each of the parties has taken into consideration the statutory '�'"'.:�=, �provisions all as set Porth in I.C. 31-1-11.5-11 including the ` disposition oP the property takfng into sccount the following faotors, to-wit: A. The contribution of each spouse to the acquisition of the property, including the contribution o;E the spouse�e home aaker; B. The extent to which the property was acquired by each spouse prior to the marriage or through inheritance or gift; C. The economic circumstances of the spouse at the time the disposition of the property is to become effective, including the desirability of awarding the family residenca or the right to dwell therein foz such periods as the court may deem just to the spouse having custody oP any children; D. The conduct of the parties durinq the marriage as related to the disposition or dissipation of their property, and; E. Tlie earnings or earning ability of the parties as related to a final division of property and final determination of the property rights oP the parties; FEB-21-97 FRI 15�31 � � P. 04 4. That the husband shall have as his sole and absolute property the 19eo Jeep and all personal property tangible or intangible in his possession and hold the vife harmless from any debt at First 8ank and Trust, Oakland City, Indiana on said vehicle. 5. That the wife shall have as her sole and absolute property � the 1984 Huick Skylark and 1988 Fairmont 14 x 7o Traiier and all , -. . personal property tangible or intanqible in her possession and hold ,-s_; .-�� ` '-'�'' the husband harmless from the debt at First Sank and Trust, Oakland ; "' �_��" -�, '. - ''-� City, Indiana on said trailer. . � �• :� 6. That the wife shall be responsible for and be obligated to pay the November, 1993 installment oE taxes on said above described ' trailer apd hold the hueband harmless from any liability arising , therefrom. 7. That the husband shall be responsible and obligated to pay the debts at Nu-Gas, tank rental, $37.80; Vincennes Radioloqy, $15.45; Gibson General, $23.57;"Dr. Bruce Brink, Sr., $33.00 and hold the wife harmless from any liability arisinq therefrom. 8. That each party be responsible and obliqated for their own attorney feas. 9. That the WiPe's name shall be changed to that of Kimberly R. Foster-Fougnies. 10. Each of the partfes hereto aqree to execute all documents I necessary to effectuate and carry out the terms and provisions of this Froperty Settlement Agreement. �...--.r�.+,�� .��� , FEB-21-97 FRI 15�33 � "RII8811DiD" � cn'• ?�` �%'�'�' JAMBS M. HOTTEL "WIYE'� . , -.- . _I � I � �/ I -�C � . RIMB RLY �K. O' i�'�EI, .-3t' - `� ' �' �" .^-:: STATE Op INDIANA -- `i � s:. . � =:`COUNTY OF GTBSON . Sefore me, a r y, -F � � ,"personally appeared JAME , y. . ... aa ow of the foregoing Property ;'r.•1:t?��-�,�':•. . . �n�•nt been duly sworn, stated that any represei�tat�on: are true. P, 05 � County and State, ied the execution �d who, having ierein contained Witness my hand and Notarial Seal triis �, day of , 1993. SIGNATURE: 'o- PRINTED : a �1 L��J .y� // !,t'O it NOTARY�PUHLIC� AND I RESIDB IN GIBSON COUNTy� INDIANA Hy Commission Expires: v, STATE OF INDIANA ss: COUNTY OF GIBSON Before me, a Notaly Public in and for said County and State, personally appeared IcIMBERI,Y I(. HOTTEL, who 3cknowledqed the •�r...r�.T"- �. . . ..............-.._ . . _. _..� - _ �.:.,. EEB-21�97.FRI 15�34 • � execution o£ the foregoing Property Settlement Aqreement, and aho, having been duly svorn, stated that any representations therein contained are true. .-. Witness my hand and Notarial Seal this o�%e'� day of �� � 1993. • � .y . :-T.?.._ ::�: - . . � . -'�{'_ • -=My Commission Expires: I -ti rl-�:ycf, P, 06 SIGNATURE:_ `�� �il 1 �� t� �il pn �f �i � PRINTEp ; _��}{cQ�y4/1�p . .�'RelaKc� NOTARY pUgLZC� ANb I R�SIDE IN GIHSON COUNTy� INbIANA FEB-21-97 FRI 15;34 �a - - •�'' - k ?- �J STATE OF INDIANI► COt�y OF GIBSONS �� b fr� �� • P, 07 F; OV 2 4 199� l�C �, IN THE GISSON CIRCOIT COORT �xl (� IN RE: THE MAFtRIAG� OF JAMES M. HOTPFy and KIMHERLY R. HOTTEL �� 1993 TERM Cause No. 26C01-9309-DR-0115 8 Y OF FI g G This matter now comes before the Court for a summary final hearinq, and the Court considers evidence ihcludinq the verified Petition Por Dissolution of Marriaqe filed more than sixty (60) Both parties ha ing Piled a WaiveruoP Final gearinqeandAStatemeht that there are no contested issues, and the Court beinq duly advised, now finds that the marriage of the parties is irretrievably broken and should be dissolved; that no children vere boz'n to this marridqe and the Wife is not now preqnant; and Lhat the parties have entered into a written agreement. The Court finds said aqreement is not unconscionabla and the same is approved by the Court dnd made a part of this decree the same as if set foTth fully herein and each oP the parties are ordered to carry out the tex�ms and provisions of said Agreement; the marriaqe of the pdrties is hereby diseolved and the pdrties restored to the state of unmarried persons; $n3 }�e Court finds that costs have beeh paid. Judgmeht entered on the above Pindings. SO ORDEREp 'j`AZg � DAY OP , 1993. WALTER H. P �ER, JUDG$ GIBSON CIRCUIT COURT ___ ._ . . FEB-21-97 FRI 15�36 . ' � ,. COUNTYOOF GIS ON � � � � � SS: � P, OB r;oV 2 �� 1993 � ��-- '�CP,�THB GIBSON CIRCUIT COURT � �° �tf Camt 199 3 TERM . I� -. . � '_ . - : -;:. � k:'� : ��: j ��r••-.. j' ` i.%�.- .:k1 �' :.�- . - -_ ':�.,;: - -�. " - � ;,� . . .. , IN RE: THE MARRIAGE OF JAMES M. HOTTEL and RIMBERLY K. HOTTEL CaUSe No. 26C01-9309-DR-0115 1�AIVER OP FINAL HSARI2t0 Pursuant to I.C. 31-1-11.5-8(d), the parties Waive final hearing and request that the Court enter a dissolution decree. The Propez-ty Settlement Agreement of the parties that settles any contested issues is attached to this pleading and is incorporated by reference therein. We affirm under penalties for perjury that the foreqoinq representations are true. �'i,Ar. J i. /�^�-.�frl J� ES M. HOTTEL, Petltioner �� Husband �L �.� � I RIMHERLY K EL, Respondent Wife y �� CHARLE R. NIXON, Attorney for Petitioner Husband r��.�v���aui� iii� for Respondent WiPe