Divorce - Foster-Fougnies, Kimberly K_2/24/1997i.� .t}.'
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ADDITIONAL CO!lMENTS
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FEB-2]-97 FRI 15:28
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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
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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
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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
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'-'�'' the husband harmless from the debt at First Sank and Trust, Oakland
; "' �_��"
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''-� City, Indiana on said trailer.
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�• :� 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.
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, FEB-21-97 FRI 15�33
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"RII8811DiD"
� cn'• ?�` �%'�'�'
JAMBS M. HOTTEL
"WIYE'�
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-.- . _I � I � �/ I -�C �
. RIMB RLY �K. O' i�'�EI,
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`� ' �' �" .^-:: 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
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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
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EEB-21�97.FRI 15�34 •
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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.
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• -=My Commission Expires:
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SIGNATURE:_ `�� �il 1 �� t� �il pn �f �i
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PRINTEp ; _��}{cQ�y4/1�p . .�'RelaKc�
NOTARY pUgLZC� ANb I R�SIDE IN
GIHSON COUNTy� INbIANA
FEB-21-97 FRI 15;34
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STATE OF INDIANI►
COt�y OF GIBSONS �� b fr� ��
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P, 07
F; OV 2 4 199�
l�C �, IN THE GISSON CIRCOIT COORT
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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
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. FEB-21-97 FRI 15�36
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COUNTYOOF GIS ON � � � � �
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P, OB
r;oV 2 �� 1993
� ��-- '�CP,�THB GIBSON CIRCUIT COURT
� �° �tf Camt 199 3 TERM .
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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
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RIMHERLY K EL, Respondent
Wife
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CHARLE R. NIXON, Attorney for
Petitioner Husband
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for Respondent WiPe