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HomeMy WebLinkAbout96-03301 )-y J ~ ~ : ~ ~ ~ ~ ! ( ;~ ;-.. .. :;) ~ ..... ~ ~ . ~I I ~! ! , I I I I I \ , i i I \ \ "\ / r I , i i II- 'J .f' dJ" c~ . -m;Jl.; t$ ~ {)~ t('7-fc, 71~ '7>1~ ~ 4~ . . . . .. . . . MARRIAGE SETTLEMENT AGREEMENT t.I THIS AGREEMENT, made this ? day of a~k(/ , 1996, by and between CARRIE M. HOWARD, Plaintiff, hereinafter referred to as Wife, and SCOTT A. HOWARD, Defendant, hereinafter referred to as Husband. WHEREAS, the parties are Wife and Husband, being lawfully married on November 13, 1993; and WHEREAS, the parties have had no children of this marriage; and WHEREAS, the parties have separated and Wife has instituted an action in divorce against Husband docketed at No. 96-3301 civil in the Court of Common pleas of cumberland County, Pennsylvania; and WHEREAS, it is the desire of the parties after careful consideration to amicably adjust, compromise and settle all property rights and all rights in, to or again each other's property or estate, including property heretofore acquired by either par~y, and to settle all disputes existing between them. All disputes include, but are not limited to, divorce, equitable distribution of marital property, alimony, alimony pendente lite, counsel fees and costs. NOW, THEREFORE, in con.ideration of these premises and of the mutual promises, covenants and undertakings herein eet forth, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as followsl 1. SEPARATION I It shall be lawful for each party at all times hereafter to live .eparate and apart from the other party at such place as he or .he 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 lawfulnees or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE I Each party shall be free from interference, authority and contact by the other, us 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 DEBTS I Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband and his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands mads against him by reason of debts or obligations incurred 2 ",r-, , , , 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 responllibility for payment. Wife agreeB to indemnify and Bave harmless HUBband from any 10sB he may BUBtain, including attorney fee., as a result of any default in payment by Wife. 4. HUSBAND'S DEBTSI HUBband repreBents and warrants to Wife that as of the date of the Beparation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her eBtate might be reBponeible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debtB or obligations incurred by him. Any and all loa.ls and/or debts, and charge accounts, presently in Husband's name alone shall ,be Husband's sole and separate responsibility for payment. Husband agrees to indemnify and Bave harmless Wife from any loss Bhe may sUBtain, including attorney fees, aB a result of any dBfault in payment by Husband. 5. REAL ESTATEI Wife and Husband are owners of a parcel of real estate located at 3532 Cheetnut Street, Camp Hill, Cumberland County, Pe~nBylvania. The parties agree that Wife shall tranBfer, relinquish and convey to Husband all of her right, title and interest in this residence. Wife shall execute a Deed so that the 3 . -"--A.-.I, ,ii.' tran.ferring of her equitable interest in the premises shall be effectuated. ' It is specifically understood and agreed that Hueband ae.umes .ole responsibility for payment of any and all mortgage obligation. and further is responsible for payment of all other real e.tate expenses and household expenses including, but not limited to, taxes, insurance and utilities. Husband shall indemnify and hold harmless Wife from any loss he may sustain, including attorney fees, as a result of any default in payment on afore.aid obligations by Husband. Husband further agrees that within six months of the date of this Agreement, he will finalize refinancing of the home which would remove Wife from the mortgage obligation. Wife further agrees to cooperate in signing any documents to effectuate thie refinancing. 6. MOTOR VBHICLESI The parties hereto agree that Wife shall have all right, title and interest in the 1995 black Honda Accord. Wife assumes all financial responsibility for any debt due and owing on said vehicle. Wife would hold Husband harmless from any , debt or responsibility on said motor vehicle. The parties further agree that Husband shall have all right, title and interest in the 1995 white Honda Accord. Husband assumes all financial 4 responsibility for any debt due and owing on said vehiole. Husband would hold Wife harmless from any debt or resp~nsibility on said motor vehiole. Wife and Husband agree that they will oooperate fully with eaoh other, if neoessary, in signing any doouments necessary in this regard. 7. PBRSONAL PROPBRTY: The parties hereto agree that other than the items speoifioally listed in this olause, eaoh of them has already divided personal property between themselves to their mutual satisfaotion. Upon the signing of this Agreement, the parties further agree that the following items currently in Husband's possession will be given to Wife: (1) microwave, (2) gas grill and (3) two bicyoles. In addition, it is further agreed that upon the signing of this Agreement, Husband shall tender to Wife a $500 cash payment. 8. WAIVBR OF ALIMONY, ALIMONY PBNDBNTB LITB, COUNSBL FBBS AND BXPBNSBS: In exohange for the mutual considerations expressed in this Agreement, Wife hereby waives any claims she may have for alimony, alimony pendente lite, counsel fees and expenses. 9. COUNSBL FBBS: Wife and Husband agree that they will be responsible individually for their own counsel fees. 5 - -A, I " . 10. MUTUAL CONSBNT DIVORCBI The parties hereby agree that contemporaneously with the execution of this Aqfesment, they both shall execute no-fault Affidavits of Consent. These Affidavits, filed pursuant to section 3301(c) of the Divorce Code, shall be transmitted to Wife's attorney who will thereafter finalize the divorce. Both parties agree to fully cooperate with this finalization. 11. ACCBPTANCE BY WIFE I Wife acknowledges that the provisions of this Agreement are fair, adequate and satisfactory to her. Wife therefore accepts the provisione of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands which she may now or hereafter have against Husband for the support and maintenance of herself in the form of alimony, alimony pendente lite, counsel fees or for any other provisions for her support and maintenance, and also counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to the divorce proceeding. 12. ACCEPTANCE BY HUSBAND I Husband acknowledges that the provisions of this Agreement are fair, adequate and satisfactory to him. Husband therefore accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands which he may now or hereafter have against Wife 6 for the support and maintenance of himself in the form of alimony, alimony pendente lite, counsel fees or for any otber provisions for his support and maintenance, and also counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding. 13. WAIVER OF RIGHTSI Effective upon the signing hereof, Wife and Husband each waives all right of inheritance in the Estate of each other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver Df all rights provided under the law of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 14. DISCLOSURE I Each of the parties hereby warrants, represents and declares that each has made a full and complete disclosure to the other of his or her entire assets and liabilities . and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the 7 . . , parties hereto further covenants and agrees for himself or herself and hiB or her heirs, executors, administrators snd assigns that he or she will n~ver, at any time hereafter, sue the other party or hi. or her heire, executors, administrators or assigns, in any action or contention, direct or indirect, that there wall any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper and independent representation. 15. ADVICE OF COUNSELl The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Joseph J. Dixon, Esquire for Wife, and Hark C. Duffie, Esquir~ for Husband. The parties acknowledge that the provisions contained herein are fully understood by them and each party affirms that the Agreement is fair and acceptable and is being freely entered into without force, and that the execution of this Agreement is not the result of any duress or undue influence. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding cf the parties, and there are no representations, warranties,. covenants or undertakings other than those expressly set forth herein. 17. SEVERABILITY I If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid or B . unenforceable, the remaining provillionll hereof IIhall neverthelesll continue in full force and effect and IIhall be construed as much all possible so as to effect the results intended by the parties as of the date hereof as evidenced by this Agreement. 18. BREACH I If either party breachell any provision of thill Agreement, the other party shall have the right, at his or her election, to eue for damages of such breach. The party breaching this contract shall be responsible for the payment of reasonabl~ legal fees and costs incurred by the other in enforcing their rights under this Agreement. Further, either party has the right to seek othe: remedies or relief which may be available to him or her. IN WITNESS WHEREOF, the parties hereto place their hands and seals the day and year first above written. WITNESS I , 14r/1~ ,; /j/ ,/",l (' "0 ff k dvz.i.u.~'--M AI~~SEAL) Carrie H~ward -/I-:,,.~ (SEAL) ~tt Ar Howard tr=, Lll - N ~: N ..id~ ~p ) ~-; f' .- ' );~ ~ 0.- ."....J \,.1 C' :,~ /. r. " \I' .... ll,) ?~: (... ~.!U. t:. 'j l\_ ," U 0' "'_1 CARRIE M. HOWARD, : IN TilE COURT OF COMl-ION PLEAS Plaintiff I CUMDERLAND CO., PENNSYLVANIA I v. I NO. 96-3301 Civil : SCOTT A. HOWARD, : CIVIL ACTION - LAW Defendant I IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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 (X) 330I(c) ) 330I(d)(I) of the Divorce Code. 2. Date and manner of service of the Complaint: CertifiAd Mail on June 19. 1996 3. (Complete either Paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 330I(c) of the Divorce Code: by Plaintiff October 2, 1996 ; by Defendant October 2, 1996 . (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 330I(d) of the Divorce Code: . , (2) Date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: Resolved by Marriage Settlement Aqreement 5. Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: ~A ,~~ iMtorney for (X) Plaintiff ( ) Defendant Joseph J. Dixon, Esquire __,_.. dL.._. __._.._. .. tr. .:r '.. c" ~ .. J~~ I~ N . ,J..; ~. );~ "- 1"::..J ~'" -'.... C c::l ,'[; r ~; M !,;> II "h(iJ u; t- '-1 '-'0.. Fe 0 -, IS '0 'j c..~ u .. CARRIE M. HOWARD, : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA Plaintiff : qC (i" L v. : NO. 3301 II eLL ' . : SCOTT A. HOWARD, : CIVIL ACTION - LAW : Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 in Divorce or annulment may be entered against you by the Court. A judgement 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 the Divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary. 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP: COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Dated: June II, 1996 / squire outh Second Street 17101 Attorney for Plaintiff . CARRIE H. HOWARD, I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA Plaintiff I ~ (}.<<J 7JU..- I NO. 9(. , :I JU I v. I I SCOTT A. HOWARD, I CIVIL ACTION - LAW I Defendant I IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Carrie M. Howard, an adult individual residing at 301 North Progress Avenue, Apt. K-14, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. Defendant is Scott A. Howard, an adult individual residing at 3532 Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months prior to filing this Complaint. 4. The Plaintiff and Defendant were married on November 13, 1993, in Mechanicsburg, Pennsylvania. 5. There are no children born of this marriage. 6. The parties separated on March 31, 1996. 7. There have been no prior actions for divorce or annulment between the parties. , , WHEREFORE, Plaintiff prays this Honorable Court enter a Decree in Divorce in accordance with Section 3301(c) of the Divorce Code, equitably distributing the marital property. . Dixon, Esquire 1 1 S th Second Street Harrisburg, PA 17101 (717) 233-8743 Attorney for Plaintiff Dlttedl June /I, 1996 VERIFICATION I verify that the statements made in this Complaint in Divorce I understand that false are true and correct. statements herein are made subject to the penalty of 18 Pa. C.S. 54904, relating to unsworn falsification to authorities. DATED I June /1, 1996 jJltilU'.. ~~ #IJYIJ,J Carrie M. H ~ard, Plaintiff ,! , . 1.1 , !), '" 2:;- .~~ r ~, - Q ~ ~ <'I >- ........... ........... M ~. ':).. 'Il 18 ;-- ~ c~ ..; "'<- ft' .~ :_5~ ~ \J ~ ~ r.: 0- :_)~~ I..) \)<;) 0 '-:!e CJ "'- (" N W tt: ',."L.!l ~ ........ IV) rc!J! ~ ~~ ..,.. ,_ d5 F ::J ~ '" I~ -, ~.1 a.. ~~~. \.0 ."~ 0 ::1 0"' (J .. I "::;f., C";', '" . ... J .. .0' ,- A 9:KIlI9!),;.. ,!. IlCICUINI HllUII . : 1IUI1I11-'- , tOt IOUIIIIICOND ITIIIIT ,;0 ",--u"IJIlQ,~Vr~l.t'~: . ""-'~'-.;;--.<\;<;<I:.:J;':'X.._ ,.,..,.., '::':,~:1 !!~y~.;,i' li '0-' -''''C',_','''-'' .' \ A~'A'lAW ~. ?' -~--' } J << < f' (. ',:f" " ~ . .. '" " 'I I" .. ' . ';'.i"\ ~ \ " ,. . .,1' , , " " .11 I j '"I, L , , . " '-',4 . ~-{ . .- ~t ~., , {; " , " f ' ..~ " j , " r , I , .- I . 'l~' . ~; , . I It ! '. '/' ~ II \ : ,~H ~l ; ~ I" , I I' " . \ ~ (4~~ 101 I \ I " I, I ,- f : t' I jl' I' Ii' .. .. CI.RRIE M. HOWARD, I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA Plaintiff I v. I NO. 96-3301 Civil I SCOTT A. HOWARD, . I Defendant . IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA I I SS COUNTY OF DAUPHIN I Pereonally appeared before me, a Notary Public, in and for the aforesaid Commonwealth and County, JOSEPH J. DIXON, ESQUIRE, who first beinq duly sworn accordinq to law, does depose and say that he made service of the Complaint in Divorce upon the Defendant by placinq a true and correct certified copy with a Notice to Defend and Claim Riqhts in the United States mail at Harrisburq, Pennsylvania. Certified Number. P 016 242 467 The same was received and acknowledqed by the Defendant, Scott A. Howard, on the 19th day of June, 1996, as the addressee. Receipt for mailinq is attached hereto. Sworn to and subscribed before me this 20th day of June, 1996. ..l,. _"'-.... '7.'), 7)((~,~_ - Notary Public d My Commission Expiresl ~ Joseph J. Dixon, Esquire Attorney for Plaintiff NOTARIAL SEAL SUSAN M, McCARTNEY. Nola,y ",,' cuy of Hanl5burg, Dauphin C';L"~"r M Cion ElIl Irel Jnf.l..to ,.,,', . , .! ,j :i q , , H q ,;j , :1 I," .Canf'>l"'~'_lrw____ I .!lomJ,l...-1.4o,....4b. I f .'.....-....""'-............0111III..............._11III "",,,10_ . _11III.... 10........ 01... ",",,-, Of...... _ W_ _... - I. .-._R...._......___Iho__ ti .Tho_............--..-_Iho___.......dIIo 1,,- 10 , :'~3' '1'~~, I.J~ .... - rJr, 4b..)'Jle , ; 3 ~ <2h.u.f.,.;...::f .-ovu.d C Regllt.red ~fted f': ' n C~~ C~ ; 1Id.e, fa. , 17<'71'1 C ReCIrn~fotMlWncflt C COD ' ~, I requu/edl "+, '''10 wtIh III r-we !he foIowtng "Mce. (for en extra 1M): I, CI ~'.Addr_ 2, P"lfM1rtcted Delivery ConIuII PGelrnaar for ,.., r Ii II. ;1 I.. , ( ( I i'i a' ,- .:l 1,-: ;:~,~ 1,"'1 - "$ ~C.' r.>I- fE<' -.::--~ ~~:, c.. .J~ 'm ,: : II t N Ji'., lEI:' ~l' . lira r-l: :.;...) ,.:-H.L. .-:: 1'_ ,r;, :.:;) 0 (1' <..J ) l J ~ '- ,~.' , I ~ L. ; It 1 ~ ( , ,.- , l, 1 '-' ( \ ~ : - , , '" , h" , ,- , i I. ~ ,- j.- ~.. " , I ,I I 1 I' I CARRIE M. HOWARD, I IN THE COURT OF COMMON PLEAS I CUMBERLAND CO., PENNSYLVANIA Plaintiff I I NO. 96-3301 Civil v. I SCOTT A. HOWARD, I I Defendant I IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section3J01(cl of the Divorce Code was filed on June 12, 1996. 2. The marriage of Plaintiff and Defendant is irretriev~~l~ broken and ninety (901 days have elapsed from the date of filing the Complaint. J. I consent to the entry of a final decree of divorce. 4. I understand that I m~y lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling and being so Advised, I do not request that the Court require my *pouse and myself to participate in marriage counse ling. I verify that the statements made in this Affidavit are true and correct. J understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relatIng to unsworn falsification to authorities. Date I! 0/ rlj qf X ~LLf."'."t . , i I I 1 ! I I l i J -,. ("') i': I.. ~ i -.; I I I ~ ( '; ~ '+-l 1'-- I C:i: ,-, " [I~ I .', I ., I- 'i j L~ t L ,- r c.. I " (, ,.. ,J . .. f . I . CARRIE M. HOWARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA . . v. : NO. 96-3301 civil SCOTT A. HOWARD, Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Scott A. Howard c/o Mark C. Duffie, Esquire P.O. Box 109 Lemoyne. PA 17043-0109 Plaintiff intends to file with the Court the attached Praecipe to Transmit Record on or after October 29. 1996, requesting that a final Decree in Divorce be entered. Respectfully submitted, DILS , DIXON By . Jo 10 South Second Street Harrisburg, PA 17101 (717) 233-8743 Attorney for Plaintiff Dated: October S, 1996 f;: ..:r .- ~~ .'" . N -':<e: lUG: "J:,-. -- - fEr: :'C ' ):~ fl: "- . ,?,.,j ~o Cl (in ,,: cr: J;; (. fi:" J t- .;-I(t) il.:: '-' ._~r..L.. 0 IJ. IJ) :i 0 0' lJ .. . " .