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LAW OIlIlICr:s
SNEL.BAK!R.
BRENNEMAN
Be SPARE
POST-NUPTIAL AGREEM~
this aJfCk. day of
THIS AGREEMEN1' made and el,tered into
f.1oU\~' 1999 by and between:
MICHAEL J. HOTOVCIN, JR. of 1124 Pheasant
Prive North, Carlisle, Pennsylvania, party
of the first part, hereinafter called
"Husband",
AND
MARY ELLEN HOTOVCIN of 610 Allenview Drive,
Mechanicsburg, Pennsylvania, party of the second part,
hereinafter called "Wife";
WITNESSETH:
WHEREAS, Husband and Wife were married to each other on May
20, 1972 in Swissvale, Allegheny County, Pennsylvania and last
resided together at 4 Sherwood Drive, Mechanicsburg,
Pennsylvania; and
WHEREAS, during their marriage the parties accumulated
various assets and property which is more fully itemized and
identified in a certain list or schedule attached hereto marked
"Exhibit A" and incorporated herein by reference thereto; and
WHEREAS, certain differences have arisen between the
parties, as a consequence of which they have separated and now
live separate and apart from each other; and
WHEREAS, Husband commenced an action in divorce docketed at
No.97-7113 in the Court of Common Pleas of Cumberland County,
Pennsylvania (hereinafter called "Divorce Action"); and
WHEREAS, lIusband is represented by Philip II. Spare, Esquire
of the firm of Snelbaker, Brenneman & spare, P. C. and Wife is
represented by Theresa Barrett Male, Esquire; and
,
WHEREAS, the parties having a full opportunity to be
advised of their respective rights, duties and obligations
arising out of the marriage and each having a full opportunity
to investigate and evaluate the assets, liabilities and all
other aspects of each other's property and their jointly owned
assets and liabilities, have come to an agreement for the final
settlement of their property and affairs.
NOW THEREFORE, in consideration of these preeents and the
mutual covenants, promises, terms and conditions hereinafter set
forth and to be kept and performed by each party hereto, and
intending to be legally bound hereby, the parties mutually agree
as follows:
1. INCORPORATION OF PREAMBLE. The foregoing preamble and
paragraphs are incorporated by reference herein in their
entirety.
2. DECLARATION AS TO ASSETILll1!.Q. WAIVER OF' EVALUATION.
L.AW op,tt:n
SNELBAKER.
BRENNEMAN
8: SPARE
The parties agree that the items of property sat forth in
"Exhibit A" are all of the assets which they acquired during
their marriage and which would be the subject of equitable
distribution if submitted to a court for division under the
provisions of the Pennsylvania Divorce Code. The parties
declare and agree that they are familiar with said assets and
-2-
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LAWOI'"I'"ICIlI
SNI!I.BAKIR,
BRINNI:MAN
a SPAR!
hereby waive the evaluation thereof, although each party
declares that she/he has had full opportunity obtain such
evaluation.
3. DIVISION OF ASSETS. As soon as practicable upon the
entry of a Decree in Divorce, the parties agree to divide,
allocate, retain and/or transfer the assets shown on "Exhibit A"
as follows (the items numbers refer to the corresponding numbers
on "Exhibit A"):
A. ASSETS TO HUSBAND
1. $13,218.95 of the net proceeds from sale of
marital residence located at 4 Sherwood Drive,
Mechanicsburg, Pennsylvania. Total remaining
balance of net proceeds as of the date of this
Agreement is $27,696.17 held in the Trust Account
of the law firm of Snelbaker, Brenneman & Spare,
P.C. i
2. Husband's pension and retirement benefits from
his employer;
3. Husband's Dean Witter ReynOlds IRA Account No.
410 035684;
4. Furniture, household gOOds, and any other
tangible personal property currently in Husband's
possession;
7. Fifty percent (50%) of the balance of the Dean
Witter Account No. 410 039653 (JTTEN).
Distributed between the parties in December,
1997;
8. The Berger Funds Account No. 1993915655 (JTWROS);
12. PSEU savings account No. 0194386480 titled in
both names with balance of $5.44.
13. 1999 Chevrolet Cavalier. The parties intend that
the vehicle is for the use of their daughter,
Melanie. The source of the approximate $4400
down payment on the vehicle waa a Dean Witter
-3-
LAW O"ICIO
SNUBAKER,
BR!NNEMAN
III SPA."
account with Husband as custodian for the benefit
of Melanie. The vehicle is currently titled in
Husband's name and the loan on the vehicle is
also in Husband's name,
B. ASSETS TO WIFE
1. $14,477.22 of the net proceeds from sale of
marital residence located at 4 Sherwood Drive,
Mechanicsburg, Pennsylvania. Total remaining
balance of net proceeds a~ of the date of this
Agreement is $27,696.17 held in the Trust Account
of the law firm of Snelbaker, Brenneman & Spare,
PIC. ;
5. 1996 Chevrolet Lumina LS;
7. Fifty percent (50%) of the balance of the Dean
Witter Account No. 410 039653 (JTTEN).
Distributed between the parties in December,
1997;
9. Wife's pension and retirement benefits from her
employer;
10. Wife's Thrift Savings Plan through her employer;
11. Furniture, household goods, and any other
tangible personal property currently in Wife's
possession.
4. MARITAL DEBT. Parties acknowledge and agree that
there is no outstanding marital debt at the time of this
Agreement.
5. ~OBLIGATIONS. The parties agree that any and all
obligations incurred subsequent to the date of this Agreement,
shall be the sole and separate liability and responsibility of
the party incurring the obligation and each party agrees that
he/she will not incur or attempt to incur any obligations for or
on behalf of the other party and will indemnify and hold
-4-
harmless the other party of and from any and all liability
arising from such future obligation.
6. RELEASE OF RIGHTS UNDER DIVORCE CODE.
Except only as
specifically provided to the contrary hereinabove in this
Agreement, each party hereby waives and forever releases the
other party of and from any and all claims which either may have
,against the other by reason of and pursuant to the Pennsylvania
Divorce Code (and the divorce law of any other jurisdiction)
including, but not limited to, alimony, alimony pendente lite,
equitable distribution of marital property, counsel fees, costs
and expenses, except that the performance of any obligations
created hereunder may be enforoed by any remedies under the
Pennsylvania Divorce Code.
7. INDIVIDUAL PROPERTY. Except only as may be provided
specifically to the contrary hereinabove, each party shall
retain all property, real, personal and otherwise, which is
presently titled in his or her name and ownership, whether or
not said property is or would be deemed to be marital property
under the Pennsylvania Divorce Code and each party hereby
expressly releases the other of and from any and all right of
equitable distribution in and to said individually owned
property of such other party.
LAW 0'11<:18
SNIEL8AKEFt.
BRENNEMAN
eo SPARr
8. GENERAL RELEASE. Husband relinquishes his inchoate
intestate right in the estate of Wife, and Wife relinquiShes her
-5-
inchoate intestate right in the estate of Husband, and each of
the parties hereto by these presents, for himself or herself,
his or her heirs, executors, administrators or assigns, does
hereby remise, release, quit-claim and forever discharge the
other party hereto, his or her heirs, executors, administrators
or assigns, or any of them, of any and all claims, demands,
damages, actions, causes of action or suits at law or in equity
of whatsoever kind or nature, for or because of any matter or
thing done, omitted or suffered to be done by such other party
prior to the date hereof, except that this release shall in no
way exonerate or discharge either party from the obligations and
promises made or imposed by reason of this Agreement. This
Agreement shall not be construed to affect or bar the right of
either party to an action for the enforcement or performance of
this Agreement which may be instituted pursuant to the remedies
available under the Pennsylvania Divorce Code.
9. SURVIVAL OF AGREEMENT. It is the intention of the
parties that this Post-Nuptial Agreement shall survive any
action in divorce which may be instituted or prosecuted by
either party, and no order, jUdgment or decree of divorce,
temporary, interlocutory, final or permanent, Shall affect or
modify the terms of this Agreement, but said Agreement may be
enforced by any remedy at law or in equity, including
LAW O"ICES
SN[LBAI(lEA,
BRENN[MAN
8: SPARE
enforcement proceedings under the pennsylvania Divorce Code.
The parties agree to incorporate this Agreement into a separate
-6-
LAW OFFIC!S
SNELBAKEFt.
BRENNEMAN
8t SPARE
order of court to be entered in the Divorce Action, but this
Agreement shall not be merged into said order or decree in
divorce.
10. COOPERATION. The parties agree to cooperate with each
other and to make, execute, acknowledge and deliver such
instruments and take such further action as may hereafter be
determined to be requisite and necessary to effect the purposes
and intention of this Post-Nuptial Agreement.
11; VOLUN'rARY EXECUTI.Qli. The provisions of this Agrtlement
and their legal effect have been fully explained to the parties
by their respective attorneys. Each party acknowledges that
this Post-Nuptial Agreement is fair and equitable, that it is
being entered into voluntarily, with full knowledge of the
assets of both parties, and that it is not the result of any
duress or undue influence. The parties acknowledge that they
have been furnished with all information relating to the
financial affairs of the other to the extent same has been
requested by each of them.
12. ENTIRE AGREEMENT. This Post-Nuptial Agreement
contains the entire understanding of the parties and there are
no representations, warranties, covenants or undertakings other
than those expressly set forth herein. The parties acknowledge
and agree that the provisions of this Agreement with respect to
the distribution and division of marital and separate property
-7-
L..lW O"IC[S
SNELBAI<I:R.
BRENNI:MAN
a SPARE
are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been
taken into consideration by the parties. Both parties hereby
accept the provisions of this Agreement with respect to the
division of property in lieu of and in full and final settlement
and satisfaction of all claims and demands that they may now
have or hereafter have against the other for equitable
distribution of their property by any court of competent
juriSdiction pursuant to the Pennsylvania Divorce Code or any
amendments thereto. Each party voluntarily and intelligently
waives and relinquishes any right to Beek a court ordered
determination and distribution 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.
13. WAIVER. The waiver of any term, condition, clause or
provision of this Agreement shall in no way be deemed or
considered a waiver of any other term, condition, clause or
provision of this Agreement.
14. APPLICABLE LAW. This Agreement shall be construed,
interpreted and enforced according to the laws of the
Commonwealth of Pennsylvania.
15. HEADINGS. The headings or titles of the numbered
paragraphs of this Agreement have been used only for the purpose
-8-
LAW O"ICES
SNELBAKI!:R.
BRI!:NNEMAN
6: SPARE
of convenience and shall not be resorted to for the purposes of
interpretation or construction of the text of this Agreement.
16. BREACH. It is expressly stipulated that if either
party fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance or to seek any other
legal remedies as may be available, and the defaulting party
shall pay the reasonable legal fees for any services rendered by
the non-defaul.ting party's attorney in any action or proceeding
to compel performance hereunder.
17. AfTER-ACQUIRED PROPERTY. Ec,ch of the parties shall
hereafter own and enjoy independently of any claim or right of
the other, all items of property, be they real, personal or
mixed, tangible or intangible, which are hereafter acquired by
him or her, with full power in him or her to dispose of the same
as fully and effectively, in all respects and for all purposes
as though he or she were unmarried.
18. COUNSEL FEES. COSTS AND EXPENSES. Each party shall, be
responsible for his or her own legal fees, costs and expenses
incurred in connection with their separation and/or the
dissolution of their marriage.
19. INDEMNIFICATION. Each party represents and warrants
to the other that he or she has not incurred any debt,
-9-
LAW O"'lcn
SNEl.9AKER.
BRENNEMAN
&: SPARE
obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each
party covenants and agrees that if any claim, action or
,
proceeding is hereinafter initiated seeking to hold the other
party liable for any other debts, obligations, liability, act or
omission of such party, such party will at his or her sole
expense, defend the other against any such claim or demand,
whether or not well-founded, and that he or she will indemnify
and hold harmless the other party in respect of all damages as
resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other
damage, including without limitation, counsel fees and other
costs and expenses reasonably incurred in investigating or
attempting to avoid same or in opposing the imposition thereof
or enforcing this indemnity, resulting to Husband or Wife from
any inaccurate representation made by or on behalf of either
Husband or Wife to the other in this Agreement, any breach of
any of the warranties made by Husband or Wife in this Agreement,
or breach or default in performance by Husband or Wife of any of
the obligations to be performed by such party hereunder. The
Husband or Wife agrees to give the other prompt written notice
of any litigation thr~atened or instituted against either party
which might, constitute the basis for a claim for indemnity
pursuant to the terms of this Agreement.
-10-
LAW O"ICt"
SNILBAKER,
BA!NNEMAN
a SPARE:
EXHIBIT A (Page 1 of 1)
1. Net proceeds from sale of marital residence lonated at
4 Sherwood Drive, Mechanicsburg, Pennsylvania.
Remaining balance of net proceeds as of the dat.e of
this Agreement 1s $27,696.17 held 1n the Trust Account
of the law firm of snelbaker, Brenneman & Spare, P.C.
2. Husband's pension and retirement benefits from his
employer;
3. Husband's Dean Witter Reynolds IRA Account No. 410
035684;
4. Furniture, household goodE!, and any other tangible
personal property currently in Husband's possession;
5. 1996 Chevrolet Lumina LS;
6. 1989 Chevrolet Cavalier is not being distributed to
Husband OX' Wife because it was traded in for $1200.00
credit on a new 1999 Chevrolet Cavalier for the
parties' daughter, Melanie;
7. Dean Witter Account No. 410 039653 (JTTEN);
8. The Berger Funds Account No. 1993915655 (JTWROS);
9. Wife's pension and retirement benefits from her
employer;
10. Wife's Thrift Savings Plan through her employer;
11. Furniture, household goods, and any other tangible
personal property currently in Wife's possession.
12. PSEU savings account No. 0194386480 titled in both
naMes with balance of $5.44.
13. 1999 Chevrolet Cavalier. The parties intend that the
vehicle is for the use of their daughter, Melanie.
The sour.ce of the approximate $4400 down payment on
the vehicle was a Dean Witter account with Husband as
custodian for the benefit of Melanie. The vehicle is
currently titled in Husband's name and the loan on the
vehicle is also in Husband's name.
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LAW o,,.cr.a
SN[L.DAKER,
BR[NNEMAN
& SPARE
7. The marriage between the parties hereto is irretrievably
broken.
8. Plaintiff avers that he is the innocent and injured
spouse and that the Defendant has offered such indignities to
Plaintiff so as to render his condition intolerable and life
burdensome.
9. The Plaintiff has been advised that counseling is
available and that Plaintiff may have the right to request that
the Court require the pat'ties to participate in counseling.
10. The Plaintiff requests this Court to enter a decree of
divorce.
COUNT II - EOUITABLE DISTRIBUTION OF PROPERTY
11. The Plaintiff and Defendant have legally and
beneficially acquired property both real and personal during
their marriage from May 20, 1972.
12. The Plaintiff requests this Court to equitably divide
all marital property pursuant to Section 3502 of the Pennsylvania
Divorce Code.
WHEREFORE, the Plaintiff, MICHAEL J. HOTOVCIN, JR.,
respectfully requests your Honorable Court to:
(a) enter a decree of divorce, divorcing the Plaintiff
from the bonds of matrimony heretofore existing between
the Plaintiff and the Defendant;
(b) order equitable distribution of marital property;
and
-2-
MICHAEL J. HOTOVCLN, JR.,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-7113 CIVIL TERM
CIVIL ACTION - LAW
MARY ELLEN HOTOVCIN,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY
OF
CUMBERLAND)
Philip H. spare, Esquire, being duly sworn according to law
deposes and says: that he is a principal in the law firm of
Snelbaker, Brenneman & Spare, P. C., being the attorneys for
Michael J. Hotovcin, Jr., Plaintiff in the above captioned action
in divorce; that on December 31, 1997, he did send to Defendant
Mary Ellen Hotovcin by certified mail, return receipt requested,
restricted delivery, a duly certified'copy of the Complaint in
Divorce which was filed in the above captioned action as
evidenced by the attached cover letter of the same date and
Receipt for Certified Mail No. P 206 994 324; that said Complaint
and cover letter were duly received by Mary Ellen Hotovcin,
Defendant herein, as evidenced by the return receipt card for
said certified mail dated January 2, 1998; that a copy of the
aforementioned cover letter dated December 31, 1997, is attached
hereto and incorporated by reference herein as "Exhibit A" and
LAW O,..ICI:S
SNILBAKE:R.
BRfiNNEMAN
Be SPARE
that the original Receipt for Certified Mail and the Domestic
Return Receipt are attached hereto and incorporated by reference
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PROOF OF SERVICE
I hereby certify tl1atl am this day serving the foregoing anwer upon the persons and In
the manner Indicated belQw which service satisfies the requirements of Pa. R.C.P. 440:
Service bv IIrst-class mall addressed as follows:
Philip H. Spare
44 West' Main Street
Mechanlcsburg, PA 17055-0318
Attorney for Plaintiff
O~~4At~
Theresa Barrell Male, Esquire '
Supreme Court # 46439 '
115 Pine Street
HarriSburg, Pennsylvania 17101
(717) 233-3220
, Counsel for Defem/am
,Date: February 9, 1998