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HomeMy WebLinkAbout96-06180 \. " ~ o :{ ~ ~ \l ;:) () ~ '- . ... .,:) ... <:::.J ~ ...... ~( ~ ~ ~ .:te- .:C- ,:41> ':C- ':C- .:..;. .:c. .:c. .:c. .:c. .:c- .:.;. .:.:. .:.;. -:.:. .:.;. .:.:. .:.;. .:<<. .:+:. ~ --:.:. <eo:',:.:. .:.;. .':tC- <.c. ':C' ':C- -:W'-;4 ~ -~~~.,._- ---- ---~- --_. - 8 ., " ~ ., .;, ;0:: ~l VI "( ~ .;, ;0:: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .;, ;0:: ~ ~ ~IARK A, HOOVER, .'. ~ ." ~ ;\.; (),61fJO,. 19 96 Pldtntiff ~ .... Vl'I"'H1:-i ~ '['RAe I H. HOOVER, .', ~ DefencL:mt ." ~ ;;. ;0:: .;, ;0:: DECREE IN DIVORCE AND NOW, . , , .I~d. .. . . ~ .. , .. . .. '. 19,'1(.." it is ordered and decreed that... , .1:1"'1315,"', JI99Y~;13.. .. . .... . .., . . . . . .. ...' .. .. . " plaintiff. and. . , , . ., . ' , . . . , :r,R!,.CI .H... .H.O~Y,ER, , . . . . ., , , . , , , . , , . , , . . . , . , ". defendant. are divorced from the bonds of matrimony. ~ ',' ~l ~ t. ~ ~ ~ ~ ~ ;:l .;, ;:l 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,JJv-e .;, ;:l ~ W ." ~r.h.e. ,t,e,r,m,s. .o.f. ,t.h,e. .S.e.t.t.L,ep~e.n.t, /~g.r:c.~II~c:n.~ .d.Ll.~C:(~ .t-!':~r:c:11 .2.(~" .l.~~~~~ .1~l:~\~qq'1 .~t}q .IN~ties ,i,s, .i.n.c.o.r.~o.r.d.t.e.d, ,i.nt.~ ,a,n,d, .n!d.d.l~ .l~a.r:~ ,0:(, ,s:l,i,c! .~i,v:~r:c;(~ ,r~l~c:r;.9.t~:.. .. . . .. . . . . . . . . . $ ,;, ;:l ~ .' J .-- J'.-' / n y T h~ C.~'."V/': / \:: .. , / ~. tM Alte.t: 't "., 'fl ;. -1/ /J .././ _J .oK ~~ -u.1~f' .lU/IP<:r. .r...wU,,t'11v~<~7 '1:::#Hi ,r' .>2h! f-1.7'Z tl 'T~ Prothonotary ~ ~ ~ ~, ~ ~ ~ -------.. :~:- ->>c. ->>:, ... . :.. --~.~*~*.~.~*,~*.~.~~.,~~*~.*** ~ ~ ~ ',' ~ ~ ~ ~ ;:l ~ ;:l ~ ~ ~ ~ ~ I! i~ ~ " ~ ~ l~ ~ ~ ~ ,;, ;0:: ~ ." ~ ',' ~ ~ ~ ',' I?! \~ ~ ~ i'" J~ )',' J. ':~ ~~ ,~ I I'~ ",, AGREEMENT THIS AGREEMENT made this 26 ,!:/ day of March, 1997, by and between Mark A. Hoover of 137 Fieldstone Drive, Carlisle, Pennsylvania, 17013, (hereinafter referred to as "Husband"), and Traci M, Hoover of 22 Dogwood Building, Village of Pineford, Middletown, Pennsylvania, 17057, (hereinafter referred to as "Wife") , WITNESSETH THAT: WHEREAS, Husband and Wife were lawfully married on November 18, 1995 at Shiremanstown, Pennsylvania; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other since on or about February 12, 1996; WHEREAS, Husband and Wife desire to settle and determine their property and marital rights and obligations, including rights to support; NOW, THEREFORE, the parties, intending to be legally bound hereby, do covenant and 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 - EXHIBI'l' "A" - 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 inter- ference, 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, Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3, WIFE'S DEBTS: Except as otherwise set forth herein, Wife represents and warrants to Husband that since the separation she has not contracted or incurred and in the future will not contract or incur any debt 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 obligations incurred by her. 4. HUSBAND'S DEBTS: Except as otherwise set forth herein, Husband represents and warrants to wife that since the separation he has not contracted or incurred 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, 5. MUTUAL RELEASE: Subject to the pr.ovisions of this Agreement, each party has released and discharged and by this - 2 - Agreement does for himself or herself dnd hiH eJL' her h(~ll'll, 1."0].\1 representatives, executoro, administratorn and llHniqnn, t'oled:lt! and discharge the other of dnd froln all calHhos of: act ion, c lit i.llI11, rights, or demands, whatDoever in law Ol' eCJui.ty, which etther of the parties ever had or now has against tlw othel', e:<c"pt 1'01:' I (a) any or all cause or caUDeD of action for divorce; (b) illlY Qt' all causes of action for breach of any provisions of: this Agreement, 6. HOUSEHOLD GOODS AND TANGIBI"E PERSONAl" PROPEli'LY: (a) Husband does hereby transfer, assign and set 0'101.' to Wife all of his right, title and intoreot in and to tho household goods and other tangible personal property currontly in the possession of Wife, except for the engagement ring and wedding ring given to Wife by Husband, Wife doeB hereby agreo to return said engagement ring and wedding ring given to Wife by Husband, at or before the execution of this Agreemont, Ihwband does hereby agree tQ return to Wife, at or before the execution of this Agreement, Wife's Christman quilt and th" weddin'J ring given to Husband by Wife, (bl Wife does hereby transfer, dssign and set over to Husband all of her right, titlo and interest in alld to .IIlY and all other household goods and other tangible personal property currently in the possession of Husband, except fol:' Wi.f:e'n Christmas quilt and the wedding rin,] qi'l'ln to Ihwb,llld by ~lib" Husband does hereby agree to return tc, ',Ii!'o, 1I"l' l~lIl'iutm,w quilt . J . and the wedding ring given to Husband by Wife, at or before the execution of this Agreement. 7. AUTOMOBILES: Husband agrees to transfer to Wife all his right, title and interest, whatever it may be, in a 1996 Honda Civic automobile currently titled in joint names. At the time of execution of this Agreement, the parties shall transfer title of the automobile to Wife and Wife agrees to payoff the current automobile lien. Until title is transferred and the vehicle lien is paid off, Wife shall be solely responsible for any and all payments that may be due or which shall become due with respect to the aforesaid vehicle. Wife agrees to indemnify and hold Husband harmless from any and all liability with respect to such automobile, Wife agrees to maintain insurance coverage on the vehicle at or above the coverage set forth in USF&G Insurance Policy #PPA10613717413 until the transfer of the title. S, BANK ACCOUNTS AND SAVINGS ACCOUNTS: All bank accounts and savings accounts have been closed and monies distributed per agreement between the parties. Each party releases the other from any and all claims to such funds as reeeived by the other. 9, INTEREST IN RETIREMENT PLANS: (al Husband does hereby transfer, assign, set over and release to Wife all of his right, title and interest in and to all Retirement Benefits in the name of Wife. (bl Wife does hereby transfer, assign, set over and release to Husband all of her right, title and interest in and to any and all Retirement Benefits in the name of Husband. - 4 - 10. REAL ESTATE: Wife agrees to transfer to Husband any and all interest which she may have in the property oituated at 137 Fieldstone Drive, Carlisle, Pennsylvania, titled in Husband's name and owned by Husband prior to the date of marriage. Husband agrees to indemnify and hold Wife harmless from any and all liability with respect to sueh property, 11. MARITAL DEBTS AND PAYMENT OF OUTSTANDING OaI.IGATIONS: (a) Wife agrees to and shall be responsible for the payment of all remaining principal and interest on tho vehicle loan referred to in Paragraph 7 above. Wife agrees to indemnify and hold Husband harmless from any and all liabLlity with respect to such car loan. 12, ATTORNEYS FEES AND EXPENSES: Husband and Wife shall be jointly responsible for a one-half share of the divorce filing fee of $180,50, Husband advanced these expenses at the time of filing the Divorce Complaint in this matter, Wife's share in the amount of $90,25 shall be due and payable to Husband at the time this Agreement is signed. Husband and Wife shall each be solely responsible for payment of his or: her attorneys' fees and expenses, except as set forth above, Wife acknowledges that she is not being represented or ad'liaed in any way by Husband's attorney, and that Wife has decided not to retain an attorney in connection with thLa di'lorco and property settlement, 13. WAIVER OF c.r,A I~lS ^G,\r~IST ESTATES: Except as herein otherwise provided, each party may diapose of his or her property in any way, and oolch party hereby '"aives and relinquishes any and - 5 16. ADDITIONI\l. INSTRUMENTS: Eaeh of the parties shall from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full foree and effect to the provisions of this Agreement, Such consent will not be unreasonably withheld, 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect are fully understood by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily with full disclosure of assets, and that it is not the result of any duress or undue influence, 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 19, MODIFICATION AND WAIVER: 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, 20, ACCEPTANCE BY PARTIES: Husband and Wife accept this Agreement in lieu of and in full and final settlement and satis- faetion of all claims and demands that he or she may now or - 7 - v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 10 Crrfd ,~(l('(ld~ MARK A, HOOVER, Plaint if f TRACI M, HOOVER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIQHTS 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. 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 ~~ 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 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SInO DEMANDADO EN LA CORTE, si desea defenderse de las quejas expuestas en las paginas siguientes, de be tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser MARK A. HOOVER, I IN THE COURT OF COMMON PLEAS plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I NO. 96 - 6180 CIVIL I TRACI M. HOOVER, I Defendant I IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on November 8, 1996, 2, The marriage of plaintiff and Defendant is irretrievably broken and ninety 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, alimony pendente lite, division of property, lawyers' fees or expenses if t 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. ~4904 relating to unsworn falsification to authorities, ~ I M 0- (YbdDaVUV Traci M, Hoover, Defendant Date: March a (p, 1997 :0>- (1) cr; Ln " .. foe' M '. .~ UJ() ).. ~~': -" ):"',1 , ' ,.. ..;.:: ti' u.. .":~ "., '(0 n_ . j I I ~.4 '- .' .... -' c~ liD ~\!: LJ_ ;"10.. ,. ~. ..:; LJ. r- ''':i u IT\ lJ ...~ .....uO'.AGl..Ey .ALAN R. IKJ'tNl'CfII. JR. p.: L MQllaMAH ~ M ctCRAY ~A.CC..lOC DAVO .. DtIICY I4ICKAD. .. DOCTIIOW DJZAKTH A. OOUQtCJ'tTY HAAWY~ .lAlC.aL.nwTZ W. ~y .JAIoO.fCAU I4ICKAD. 0. .......... DONALD .. KAUfMAN 1lTEP'>CN R. KERN CAVO M KLIPf'I<<I[R IIP'NARD A. L~a. JR. onAHO M LANTZ McNEES, WALLACE & NURICK ATTORNEYS AT LAW MID............. ",ANUM A. -...:s, JR. ~TA.froLLS OTV'H<N .. """"" ."IClM\Ia.o~ OARY A.mTlR DANA anvENII acADUTO AICHAA) w. a~ DtAIC '" TOKAAMY CATtClWC Eo WALlD'S CAVO '" WATT" ..A a~..l. WP<<JAAnN LlCAL a. WEaT ...,........ , wtfl1: LAWRENCE A. wmxR WLUAM.... '\'O.N1 .R 100 PINE STREET P O. BOX llee HARRISBURG, PA 1710e.llee TELEPHONE 11111 Z32.eooo FAX 11111237-5300 IlOO 0 STREET N. W SUITE BOO WASHINGTON. D.C. ~0005 TELEPHONE 12021434 .e9gl FAX 12021434-8707 ~ttp://www.mwn.com OI"C()~YL HOII(lU tt. GHl!lWOlO rN"UCI!l R H""!l. JR RICIIA"O R UnvtH !tAMUlL " !tCttNtClltNOMJ!tT. JH Writer'. Direct Dial, (7171 ]]7-5]91 g.Hal11 bruth~mwn.com April 1, 1997 Lawrence E. Welker, Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 ~ L. .AKtR LOlI8l[ ~MARA AICHAAO ..l. em. ,.. .TD"tCH8OH MArncl "L1P'Jl1:Y"'. ~ .JON It. MOOICY ,JAMI.:a ... DcAHOO.O IIHARON R. PAXTON .JAICa P. DOUC>>C:ATY CHAD ,.. ...... KATK.nN A. DUoUIT PAMD.A Co P'OLACIl( DUmA P. ro.R.A8 .JClHAn4AN... Al.I)Q ~ L. (XMoLt. 8RUCI' R. ISPICI:A ~T ..l. 000Ul0 CAROL A. aTENOUR SCOTT A. 00l..LD I!IU8AN V. aKWART AANKX.PH .. HOUIITOH..R AOe<<AT". fDlUTZ DAlAH ,... .JACKSON ROIKRT A. WOIIHAAA. .... BRAN Eo KAMOlE DDtfICK... W. L'''f>lBON MCHAn A. Knuv ..JOtW A. wmcAOW. .A PETDI ,. KRETE KATH..U:N A. WCll.OW8KI ,JA"'8 W. MUTZ aAMUD. a. '\"t.Ill1 Re: Mark A. Hoover v, Traci M. Hoover Action in Divorce No, 96 - 6180 Cumberland County Court of Common pleas Dear Mr. Welker: Enclosed for filing in the above-listed matter are a Praecipe to Transmit Record, the Affidavit of Consent of Plaintiff and Defendant, the vital records form and three unexecuted Decrees in Divorce, Please time-stamp the extra packets and return them to us in the enclosed self-addressed, stamped envelope. Additional envelopes are also enclosed for return of the divorce decrees to Plaintiff's counsel and the Defendant, ~'ho is not represented by counsel. Very truly yours, fJuJ.uCll.~ B~ts~ A. Ruth Litigation Paralegal Enclosures cc: Mark A, Hoover (w/o enclosures) Traci M, Hoover (w/o enclosures) q -3- 1) (It ref' l /J (( " 7l ~ ~ {; l1i.L I- eLl. C ,{ ~ j./l f-l4,,,,r.t--' c'-. 0./ '\.. , ../. .J.->c ./LL'-.- ~ _.U (C 1 (t lU ,,( ~-(J (.,<. ' lU(.t{}.tl(sj t t !~Il( u ~( f leU;) } (I if 12 L [IA u '