HomeMy WebLinkAbout98-00965
I. AD'yICE 011 COLJNSEL
HUSBAND and WIFE declare lhalthey have each had a iiI II and lair opportunily 10
obtain independenllegal advice of counsel of their selection, WIFE has been independenlly
represented by Barbara Sumplc-Sullivan, Esquire, HUSBAND is cognizant of his righl to legal
representation and declares that he has been independently represented by Lawrence J, Rosen.
Esquire. Each party furlher declares that they are execuling Ihis agreement Ii'ecly and voluntarily.
having obtained such knowledge and disclosure of there legal rights and obligations and that they
acknowledge that this agreemenl is f.1ir and equitable and is not the result of any fraud. coercion,
duress, undue influence or collusion.
2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall. al all times herealler, live separate and apart. Each
shall be free from all conlrol, restraint, interference or authority, direct or indirecl, by Ihe other in
all respects as if she or he were unmarried, except as may be necessary to carry oul the provisions
of this Agreement. Each may reside at such place or places as she or he may select. Each may,
for his or her separate use or benelit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. This provision shall not be
laken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness
of the causes which led to, or resulted in, the continuation oflheir living apart. HUSBAND and
WIFE shall nOlmolest, harass, or malign the other or the respective families of each other, nor
compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with
the peaceful existence, separate from each other.
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Each party represents lhatthey have not conlrncted any debt or liability lor the other for
which the estate of the olher party may be responsible or liable exceplas otherwise provided
herein, and lhat except only tor the righls arising oul of this Agreemenl, neither party will
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hereatler incur any liability whatsoever for which lhe olher party or the estate of the other party
will be liable, Each party agrees to indemnify and hold harmless from and against allthture
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obligations of every kind incurred by them, including those lor necessities.
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The only marital debts, aside from the mortgage associated with the marital real estate
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identified below, were lhe Dauphin VISA, America Kennel Club VISA and the Sear Plus Charge,
WIFE has paid these debts in full and will indemnify and hold HUSBAND harmless Iromthe
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same.
4. WAIVER OF API'RAISAL ANI) INV.:NTOIn'
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The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property, and they do hereby waive a formal appraisal and
inventory of same, and no statement or representation by either party as to value shall be deemed
a misstatement or misrepresentation to the other or be deemed fraudulent.
5, MARITAL ANI> NON-MARITAL ASSETS
HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-
marilal assels and marital assets including but without limitation, business interests, jewelry,
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c1othcs, Ihrnillll'c, stocks, bonds, pcnsions nnd othcr IIsSCts whcrcvcr silulllcd whcthcr rCIII,
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pcrsonlll 01' mixcd, lllngiblc 01' inlllngiblc, IInd HUSBAND IIgrccs thllt II1111ssClS in thc posscssion
of WIFE shllll bc thc solc IInd SCplll'lltc propcrty of WI FE; lind, WIFE ngrccs thllt nil nsscts in thc
posscssion of I I US BAND shllll bc thc solc IInd scpnl'lltc propcrly of HUSBAND. Elich ofthc
pllrtics docs hcrcby spcciliclllly wllivc, rclcnsc, rcnouncc IInd forcvcr nbnndon whlltcvcr c1nims, if
any, hc 01' shc mllY hnvc with rcspcct to any of lhc nbovc said itcms which arc lhc solc and
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scpllrntc propcrty of the othcr. This document shall constitute a bill of salc for said sole propcrty,
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6. REAL ESTATE
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Thc particsjointly own property at 1545 Rcd Bank Road, Dovcr, York County,
Pennsylvania, Said house is cncumbcrcd by a mortgagc in the approximate amount of THIRTY
EIGHT THOUSAND TWO HUNDRED THIRTY-TWO DOLLARS AND SIXTY-THREE
CENTS ($38,232,63). HUSBAND agrees to assume responsibility for the unpaid balance of the
mortgage, togethcr with interest thereon, along with any othcr dcbt associated with the marital
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residence. HUSBAND agrecs to hold WIFE frec and harmless from any and all such liability as a
result of non-paymcnt by him.
HUSBAND agrecs to refinance the mortgage within ninety (90) days of the execution of
this Agrcemcnt so as to rei case WIFE from the existing debt and to pay hcr the lump sum due in
Parngraph 7. Upon settlcment of the refinnncing, WIFE shall cxccute a dced wherein she
trnnsfcrs hcr intcrcst in thc real estate to HUSBAND, Said deed shall be held in escrow until
settlement for the refinancing for the relcasc of WIFE Irom thc mortgage and the lump sum
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paymcnt.
In thc cvent that HUSllAND Ihils to obtain rcfinancing within nincty (90) days of the
exccution of this Agrccmcnl, thc hOllsc shall bc immcdiatcly listed for sale by a rcaltor approvcd
by both partics. Thc parties agrec to accept any olTer within ten (10%) of the list price. WIFE
shall rcccive thc lump sum due her at thc timc of the sale of the marital residence. HUSBAND
shall rcceivc the balancc of thc proceeds.
7. LUMP SI1M
In consideration of WIFE's waiver of all rights arising from the marital relationship,
except as provided herein, HUSBAND shall pay WIFE the sum of FIFTEEN THOUSAND
DOLLARS ($15,000.00) at the time of either the refinancing or sale of the marital real estate as
described in Paragraph 6.
8. MOTOR VEHICLES
WIFE shall have sole title and ownership of the parties' Lumina Van. HUSBAND shall
have sole title and ownership of the partics' two (2) VW Bugs, Dump Truck and backhoe. None
of these vehicles are encumbered.
9, PENSION
Each party hereby waives any and all claims that he or shc may have against the other to
any pension, employee saving or other stock benefit program of the other, if applicable,
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Ill. Jh\NK.A~<"':U,um.:.s. INVESTMENTS ANI) INSUI{ANCE
Elich pllrty shllll hllvc solc posscssion ofthc bank accounts, invcstmcnts and/or lifc
Insul'llncc lnlhclr ownlllnncs,
II. MUTUAL WAIVEI{ AND I{ELEASE OF IUGIITS ANI) CLAIMS
CONI,'EIUUm BY TilE PENNSYLVANIA DIVOI{CE ACT 0111980. AS
AMENl)lm
IILJSJI/\ND and WIFE acknowlcdgc and agrcc thatthc provisions of this Agrccmcnt arc
Iilir, IIlICl\III1IC and satislilclory 10 lhcm, Both partics agrcc 10 ncccplthc provisions sct forth in
lhls agrcclllcnt inlicu of and in full and final selllcmcnl and satisfaction of all claims and dcmands
Ihat cithcr may now or hcrcafter havc against the othcr for cquitablc distribution, alimony,
alimony pcndcnlc Iitc, counscl fccs, costs and expcnses or othcr provisions for their support and
lIlaintcnancc bcforc, during and after the commencemcnt of any procceding for divorce or
annuhncnt bclwccn thc partics.
12, AFTEI{ ACOUmED PERSONAL PROPERTY/FUTURE EARNINGS
Each ofthc parlics shall hcrcaftcr olVn and cnjoy indepcndently of any claim or right of the
olhcr, all ilcms of personal propcrty, tangible or intangible, hercaftcr acquired by HUSBAND or
WIFE, wilh f\ill powcr in him or her 10 disposc of the samc as fully and eft'ectively, in all respects
and lilr all purposcs, liS though hc or she wcre unmarried.
13, ALIMONY, SUPPORT AND MAINTENANCE
Both parties acknowledge and agree thatthc provisions of this Agrecment providing for
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equitable distribution of marital property are filir, adequate and satisfilctory 10 them and are
accepted by them in lieu of and in 11111 and tinal satislaction of any claims or demands that either
may now or hereafter have against the other lor support, maintenance or alimony. HUSBAND
and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the
other any payment for spousal support, alimony and maintenance,
14, SlIBSEOUENT DIVORCE
A decree in divorce, entered by a court of competent jurisdiction to either party, shall not
suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent
Decree concerning the provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a
resolution ofany divorce action tiled. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent jurisdiction, Furthermore, both parties
hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault
Divorce as may be required by the Divorce Code of 1980, as amended, Both parties hereto agree
that this Agreement may be incorporated for purposes of enforcement into a separate Court Order
but shall not merge in such order in the Court of Common Pleas of Cumberland County,
Pennsylvania.
15. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
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the United States, or (c) any olher country, or and rights which HUSBAND or WIFE may have
or at any time hereafter have for lhe past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a rcsult of the marital
relation or otherwise, except, and only except, all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof.
Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter,
sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the other to be probated and allow
administration upon his or her personal, real or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Marital Settlement Agreement a full, complete and general release with respect to any and all
property ofnny kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof.
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18. SIICCESSOWS IUGIITS ANI) LIAIJILlTIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties herelo, their respcctive heirs, executors, adminislrntors, successors or
assigns.
19. SEVERABILITY
If any provision in this Agreement is held by II court of competent jurisdiction to be
invalid. void, or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
20. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all
of the representations, promises and Agreements made by either of them to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged or
enforced or enforceable unless reduced to writing and signed by both of the parties hereto.
21. BINDING EFFECT OF AGREEMENTIWAIVER
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of
any other term, condition, clause or provision of this Agreement.
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MARTIN N. HORNING,
Plaintin.
: IN TI-IE COURT OF COMMON PLEAS
: CUMI3ERLAND COUNTY,PENNSYLVANIA
vs.
: CIVIL ACTION LA W
PEGGY SUE HORNING,
Dcfcndant
: NO. 98-965 CIVIL
: DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with thc following information, to the court for cntry of a
divorce decree:
I. Ground for divorce: Irretrievable breakdown under !j3301(c) of the Divorce Code,
2. Date and manner of service of the complaint: Personal service on February 27,1998,
3. Date of execution of the affidavit of consent required by 9 3301(c) ofthc Divorce Code:
by Plaintiff: April 6, 2000; by Defendant: April 18, 2000,
4. Related claims pending: All matters have been resolved pursuant to the Maritnl
Settlement Agreement reached by the parties dated April 24, 2000 and incorporated, but not
merged into thc Decree.
5. Date Plaintitl's Waiver of Notice in 9330 I (c) Divorce was filed with Prothonotary: April
27,2000. Date Defendant's Waiver of Notice in 9330 1 (c) Divorce as filed with Prothonotary: April
27,2000.
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, P A 17070-193 1
(717)-774-1445
Supreme Court ID 1132317
Attorncy for Defendant
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Dated: April 26, 2000
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MARTIN N. HORNING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
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v. . NO. 98 - q~( CIVIL TERM ;1
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PEGGY SUE HORNING, 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 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 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 at the Cumberland County Courthouse, Carlisle, PA 17013.
IN 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.
Cumberland Countv Bar Association
2 Libertv Avenue
Carlisle. PA 17013
Telephone: 1717\ 249-3166
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7. The Plaintiff has been advised that counseling is available
and that the Plaintiff may have the right to request that the court
require the parties to participate in counseling.
8. The Plaintiff requests the court to enter a decree of
divorce.
COUNT I - ALIMONY AND ALIMONY PENDENTE LITE
9. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
10. The plaintiff, Martin N. Horning, date of birth March 19,
1963, currently lives at 1545 Redbank Road, Dover, York County,
Pennsylvania 17315.
The defendant, Peggy Sue Horning, date of
birth December 24, 1959, currently resides at an unknown location in
Carlisle, PA 17013.
11. The plaintiff, Martin N. Horning, requires reasonable
support and alimony to adequately maintain himself in accordance with
the standard of living established during the marriage.
12. The plaintiff, Martin N. Horning, requests the Court to
allow alimony and alimony pendente lite as it deems reasonable
pursuant to Sections 3701 and 3702 of the Pennsylvania Divorce Act.
COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION
OF MARITAL PROPERTY UNDER
SECTION 3502(a) OF THE DIVORCE CODE
13. The prior paragraphs of this complaint are incorporated
herein by reference thereto.
14. The plaintiff and defendant have acquired property both real
and personal during their marriage until the date of their separation.
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15. The plaintiff and defendant have been unable to agree as to
an equitable distribution of said property.
WHEREFORE, plaintiff prays for the entry of an order distributing
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all the aforementioned property real and personal as the Court may
deem equitable and just plus costs.
I verify that the statements made in this complaint are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 p.e.s. S4904, relating to unsworn falsification
to authorities.
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MARTI N. HO G
Date:-2:.19 -,~<6
STONE LaFAVER St-'STONE
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By
Elizabeth
Supreme e
414 Bridge Str et, Box E
New Cumberland, PA 17070
Telephone 717-774-7435
Attorneys for plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO: 98.965
MARTIN N. HORNING,
Plaintif1'
PEGGY SUE HORNING,
Dcfcndant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOIJEST
ENTRY OF A DIVORCE DECREE IJNDER
~330ttc\ OF TilE DIVORCE CODE
I. I consent to the cntry of a final dccrcc of divorcc without notice.
2. I undcrstand that I may losc rights conccrning alimony, division of propcrty, lawyer's
fees or expenscs if I do not claim thcm bcforc a divorcc is grantcd,
3. I understand that I will not be divorccd until a divorcc dccrcc is cntered by the Court
and that a copy of the decrce will bc scnt to mc immcdiately aftcr it is l1Ied with the prothonotary.
I verify that the statements made in this aflidavit arc true and correct. (understand that false
statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
LlJ-OO
DATE: 1- \?
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MARITAL SETTLEMENT AGREEMENT
TIllS AGREEMENT, made thiCl ~ay of Apr; I 2000, by and
between MARTIN N. HORNING, hereinafter referred to as "HUSBAND", and PEGGY S.
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HORNING, hereinafter referred to as "WIFE".
WITNESSETH, That:
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WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on November 17, 1990 in New Cumberland, Cumberland County, Pennsylvania.
WHEREAS, it is the intention of the parties to settle fully and finally their respective
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financial and property rights and obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (I) the settling of all matters between them
relating to the ownership of real and personal property; (2) the settling of all matters between
them relating to the past, present and future support and/or maintenance of HUSBAND and
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WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and
interests, claims and possible claims in or against the estate of the other.
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereofin consideration of the foregoing recitals, the
mutual promises, covenants and undertakings herein set forth, and for good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND
and WIFE, each intending to be legally bound hereby, covenant and agree as follows:
I. ADVICE OF COUNSEL
HUSBAND and WIFE declarc that thcy have cach had a full and fair opportunity to
obtain indcpcndcnt Icgal advice of counsel ofthcir sclection. WIFE has been indepcndcntly
rcpresentcd by Barbara SUl11ple-Sullivan, Esquirc. HUSBAND is cognizant of his right to legal
representation and declares that he has been indepcndently represent cd by Lawrencc J. Roscn,
Esquire, Each party further declares that they are executing this agrcemcnt freely and voluntarily,
having obtained such knowledgc and disclosure of there legal rights and obligations and that they
acknowledge that this agreement is fair and equitable and is not the result of any frau~, coercion,
duress, undue influence or collusion.
2, PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interfercnce or authority, direct or indirect, by the other in
all respects as if she or he were unmarried, except as may be necessary to carry out the provisions
of this Agrecment. Each may reside at such place or places as she or he may select. Each may,
for his or her separate use or benefit, conduct, carry on and engage in any bu~.iness, occupation,
profession or employment which to him or her may secm advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness
of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and
WIFE shall not molest, harass, or malign the other or the respective families of each other, nor
compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with
the peaceful existence, separate from cach other.
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3, DEBTS
Each party represents that they have not contracted any dcbt or liability for the ol.hcr for
which the estate of the other party l11ay bc responsiblc or liable exccpt as othcrwisc provided
hcrein, and that cxcept only for thc rights arising out of this Agrecl11ent, neithcr party will
hereafter incur any liability whatsocvcr for which thc other party or the cstatc of the other party
will be liable. Each party agrees to indcl11nifY and hold harmlcss frol11 and against all future
obligations of cvery kind incurred by thel11, including those for necessitics.
The only marital debts, aside from the mortgage associated with the marital real estate
identified below, were the Dauphin VISA, America Kennel Club VISA and the Sear Plus Charge.
WIFE has paid these debts in full and will indemnifY and hold HUSBAND harmless from the
same.
4, WAIVER OF APPRAISAL AND INVENTORY
The parties acknowledge and agree that they have each had an opportunity to value or
have appraised any and all marital property, and they do hereby waive a forml}1 appraisal and
inventory of same, and no statement or representation by either party as to value shall be deemed
a misstatement or misrepresentation to the other or be deemed fraudulent.
5, MARITAL AND NON-MARITAL ASSETS
HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-
marital assets and marital asscts including but without limitation, business interests, jewelry,
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payment.
In the event that HUSBAND fails to obtain refinancing within ninety (90) days of the
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execution of this Agreel11ent, the house shall be immediately listed for sale by a realtor approved
by both parties. The parties agree to accept any offer within ten (10%) of the list price. WIFE
shall receive the lump sum due her at the time of the sale of the marital residence. HUSBAND
shall receive the balance of the proceeds,
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7. LUMP SUM
In consideration of WIFE's waiver of all rights arising from the marital relationship,
except as provided herein, HUSBAND shall pay WIFE the sum of FIFTEEN THOUSAND
DOLLARS ($15,000.00) at the time of either the refinancing or sale of the marital real estate as
I
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described in Paragraph 6.
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8. MOTOR VEHICLES
WIFE shall have sole title and ownership of the parties' Lumina Van. }illSBAND shall
have sole title and ownership of the parties' two (2) VW Bugs, Dump Truck and backhoe. None
9. PENSION
of these vehicles are encumbered.
Each party hereby waives any and all claims that he or she may have against the other to
any pension, employee saving or other stock benefit program of the other, if applicable.
5
cquitable distribution of marital property are fair, adcquatc and satisfactory to thcm and arc
acccpted by thcm in licu of and in full and final satisfaction of any clail11s or demands that cither
may now or hereafter have against the other for support, l11aintenance or alil11ony. HUSBAND
and WIFE further, voluntarily and intelligently, waive and relinquish any right to scck from the
other any payment for spousal support, alimony and l11aintenance.
14. SUBSEOUENT DIVORCE
A decree in divorce, entered by a court of competent jurisdiction to either party, shall not
suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent
Decree concerning the provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a
resolution of any divorce action filed. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties
hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault
Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree
that this Agreement may be incorporated for purposes of enforcement into a separate Court Order
but shall not merge in such order in the Court of Common Pleas of Cumberland County,
Pennsylvania.
IS. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
7
forthwith cxecutc and deliver to thc other party, any and all written instrul11cnts, assignl11cnts,
releases, satisf.1ctions, dceds, notes or such othcr writings as may be nccessary or desirable for the
proper cll'cctuation of this Agreement.
16. MUTUAL WAIVEI{ AND nELEASE OF RIGHTS AND CLAIMS IN ESTATE
Each party hereby releases, waives and relinquishes any and all rights which he or she may
now havc, or may hereafter have, against the other party under the present or future laws of any
jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act
as executor/rix or administrator/rix of the other party's estate.
17, MUTUAL RELEASE
HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever
discharge the other and the estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all rights, title and interests, or claims in or against the property
(including income and gain from property hereafter accruing) of the other or against the estate of
such other, of whatever nature and wheresoever situate, which she or he now has or at any time
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
equitable distribution, dower or curtesy, or claims in the nature of dower or courtesy of widow's
or widower's rights, family exemption or similar allowance, or under the intestate laws, or the
right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of
8
the United States, or (c) any other country, or and rights which llUSI3AND or WIFE may have
or at any time hereafter have for the past, prescnt or futurc support or maintenancc, alimony,
alimony pcndente lite, counscl fees, costs or expenscs, whethcr arising as a result of the marital
relation or otherwise, exccpt, and only cxcept, all rights and Agrcements and obligations of
whatsoever nature arising or which may arise undcr this Agreement or for the breach of any
thereof.
Each of the parties hereto further covenants and agrees for himself and hcrselfand his or
her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter,
sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph. Each of the parties further
covenants and agrees that he or she will permit any will of the other to be probated and allow
administration upon his or her personal, real or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Marital Settlement Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now owns or may
hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any thereof.
9
18. SUCCESSOR'S RIGHTS AND L1AHlLITIES
This Agreement shall, exccpt as otherwise provided herein, bc binding upon and inure to
the benefit ofthc parties hereto, their respective hcirs, cxccutors, administrators, successors or
assigns.
19, SEVERABILITY
If any provision in this Agreement is hcld by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
20, ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all
of the representations, promises and Agreements made by either of them to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promiscs or
representations not herein contained, either oral or written, which shall or may be charged or
enforced or enforceable unless reduced to writing and signed by both of the parties hereto.
21. BINDING EFFECT OF AGREEMENT/WAJVER
This Agreement shall remain in full force and effect unless and until terminated under and
pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of
any other term, condition, clause or provision of this Agreement.
10
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22. B1~EACII
If either party brcaches any provision of this Agreemcnt, the othcr Jlarty shall have thc
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right, at his or her elcction, to sue for damages for such brcach or scek such other remedies or
.
,
relief as may bc available to him or her, and the party Ilreaching this contract shall be responsible
for payment of reasonable legal fees and costs incurrcd by the other in enforcing their rights under
this Agreement.
23. CONTROLLING LAW
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania.
24. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become effective when actually signed
by both parties.
WITNESS
d-4/},:lcr
MARTIN N. H RN (
'-'~~ ~ ~
PEGG . I!IORNING \
11
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Streel
Carlisle, PA 17013
(717) 240'6535
E. Robert Elicker, II
Divorce Maste,
Tracl Jo Colyer
Ollice Manager/Reporter
West Shore
697,0371 Ex!. 6535
August 5, 1999
Elizabeth B. stone
Attorney at Law
STONE, La FAVER & SHEKLETSKI
414 Bridge Street
New Cumberland, PA 17070
Barbara Sumple-Sullivan
Attorney at Law
549 Bridge Street
New Cumberland, PA 17070
RE: Martin N. Horning vs. Peggy Sue Horning
No. 9B - 965 civil
In Divorce
Dear Ms. Stone and Ms. Sumple-Sullivan:
By order of Court of President Judge George E. Hoffer
dated August 3, 1999, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on February 20, 1998,
raising grounds for divorce of irretrievable breakdown of the
marriage. I will need to have verification that the Defendant,
Peggy Sue Horning, is residing in Cumberland County, one of the
parties, as you know, needs to be a resident of this county
before I will accept jurisdiction. The complaint avers only
that the Defendant resides at an "undisclosed location in
Carlisle, Cumberland County". This information should be more
specific to establish a residency of the Defendant in Cumberland
County. The Plaintiff as noted resides in York county. I do
see a sheriff's return in the file showing that the Defendant
was served at 431 North Hanover street, Apartment 4, Carlisle,
Pennsylvania. Should I assume that thh' is her current
residence and her residence at the time of the filing of the
divorce complaint? The complaint raises the economic claims of
equitable distribution, alimony, and alimony pendente lite.
There is no claim for counsel fees and costs.
I am going to proceed on the assumption that Cumberland
MARTIN N, HORNING,
Plaintiff
IN ~'HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
PEGGY SUE HORNING,
Defendant
NO, 98 - 965 Civil
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Lawrence J. Rosen
, Counsel for Plaintiff
Barbara Sumple-Sullivan
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 3rd day of April, 2000, at
9:30 a,m" at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 10/11/99
E. Robert Elicker, II
Divorce Master
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MARTIN N. HORNING,
l'lllintiff
: IN THE COUlff OF COMMON I'LEAS
: CUMlUmLANI> COUNTY, I'ENNSYLV ANIA
v.
: NO, 98-965
PEGGY SUE HORNING,
Defendant
: CIVIL ACTION - LAW
TO ROBERT C, GWIN, PROTHONOTARY
PRAECIPE TO WITHI>RA W APPEARANCE
Please withdraw the entry ofthc appearance of the undersigned as counsel for MARTIN N,
HORNING in the above-captioned malter,
Date: '31 Z- 'H 'i'1
Respectfully Submitted,
/.~/
PRAECIPE TO ENTRY OF APPEARANCE
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Please entcr the appcarancc of the undersigned as counscl for MARTIN N. HORNING in
the above-captioned matter,
Rcspectfully Submitted,
Date: 8j:lo/<rf
rencc . osen, Esquire
Krevsky & Rosen, P,C,
1101 North Front Street
Harrisburg, PA 17102
(717) 234-4583
!.D. No. 15560
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MARTIN N. HORNING,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
Civil Action - Law
PEGGY SUE HORNING,
Defendant
NO. 98 - 965
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 of 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 and visitation of your children.
When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the Domestic Relations
Office at the County Courthouse.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, Pennsylvania 17013
(717) 249-3166
PEGGY SUE HORNING,
Defendant
NO. 98 - 965
MARTIN N. HORNING,
Plaintifi'
IN nlE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
v.
Civil Action - LlIw
VERIFICATION
DATED: D,-23-'1 '1
&d.~
I, Peggy Sue Horning, hereby certifY thlltthe facts set forth in the foregoing ANSWER
AND COUNTERCLAIM lire true IInd correct to the best of my knowledge, information IInd belief.
I understllnd that any false statements made herein lire subject to penalties of 18 Pa. C.S.A. ~4904
relating to unsworn falsification to authorities.
1
MARTIN N, I'IOI~NING,
Plaintill.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Civil Action - Law
PEGGY SUE HORNING,
Defendant
NO. 98 - 965
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire. do hereby certify that on this date, I served a true and
correct copy of the foregoing ANSWER AND COUNTERCLAIM, in the above-captioned matter
upon the following individual(s) by first class mail, postage prepaid, addressed as follows:
Elizabeth B. Stone, Esquire
414 Bridge Street
P.O. Box E
New Cumberland, P A 17070
Mr. Martin N. Horning
1545 Redbank Road
Dover, PA 17315
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DATED: SJ-/J/c;1
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r ara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, P A 17070-193 I
(717) 774-1445
Supreme Court J.D. No. 32317
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COUNSELORS AT LAW
1101 NORTH FRONT STREET
HARRISBURG, PENNSYLVANIA 17102.3324
(717) 234,4583 FAX (71'7) 234,3850
Septcmber 28, 1999
CURTIS B, LONG, PROTHONOTARY
OFFICE OF THE PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
Re: Martin N, Homing v, Peggy Sue Horning
No. 98-965
Dear Mr, Long:
Please be advised that I represent the interest of Mr. Horning relative to the above-
referenced matter, Enclosed please find an original and one copy of the Pre-Trial
Statement to be filed with your office. Please forward the clocked-in copies back to my
office in the self-addressed stamped envelope,
Thank you for your attention, If you have any questions, please contact my office,
Very truly yours,
(/aj_Pl(U7C1) , f?CbU'\...
Lawrence J. Rosen
LJR:alp
Enclosure
pc: M. Homing
R, Elicker, Esq. (w/enclosure)
B, Sumple-Sullivan, Esq. (w/enclosure)
MARTIN N, HORNING,
Plaintill'
IN TI-IE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
PEGGY SUE HORNING,
Del'cndant
NO. 98 - 965
CEnTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and
correct eopy of the foregoing MOTION FOR APPOINTMENT OF MASTEn, in the above-
captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as
follows:
Elizabeth B. Stone, Esquire
414 Bridge Street
P.O. Box E
New Cumberland, P A 17070
Mr. Martin N, Horning
1545 Redbank Road
Dover, PA 17315
Barbara Sumple-Sullivan, Esquire
Attorney for Plaintiff
549 Bridge Street
New Cumberland, P A 17070-193 I
(717) 774-1445
Supreme Court J.D. No. 32317
DATED: August 2, 1999
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MARTIN N. HORNING,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PEGGY SUE HORNING,
Defendant
: NO. 98-965
PRE-TRIAL STATEMENT
I.
PLAINTIFF'S BACKGROUND
a.
1545 Red Bank Road
Dover, Pennsylvania 17315
Date of Birth: 3/19/63
Occupation: Labor
b. DEFENDANT'S BACKGROUND
1',0. Box 1100
Carlisle, Pennsylvania 17013
Date of Birth: 12/24/59
Occupation: Waitress
c. Date of Marriage: November 17, 1990 (First Marriage for both parties.)
Date of Separation: January 1, 1998
d. Place of Marriage: New Cumberland, Pennsylvania
e. Children: None
f. Grounds for divorce: Marriage is irretrievably broken.
g. Issues to be resolved: Equitable distribution, Alimony, Alimony Pendente
Lite, Counsel Fees and Costs.
II. PROCEDURAL HISTORY
2/28/98:
Divorcc nction commcnccd,
8/03/99:
Answer and Countcrclaim filcd nnd Mastcr appointcd to rcsolvc nil
outstnnding issllcs,
III. INVENTORY AND APPRAISAL
To bc submittcd ntlnter date,
IV. WITNESSES
Lav:
a. Plainti ff
b, Defendant, as on cross
Expert:
Husband rcserves the right to identify any expert witness should same
be needed to resolve any remaining dispute as to valuation of marital
assets.
V. EXHIBITS
Exhibits required to establish values will be provided at trial, if needed.
VI. INCOME INFORMATION
To be provided
VII. EXPENSE INFORMATION
To be provided
VIII. Pension Value
Pensions of both parties have been valued,
IX. PERSONALTY
Parties are anticipating the liquidation of all undistributed marital property
via auction.
v.
IN THE COURT OF COMMON PLEAS () f) JJ /--7f],;(j
CUMI3ERLAND COUNTY, PENNSYLVANiif j.....r/ / 1'['-
Civil Action - Law
MARTIN N. HORNING,
Plaintill'
PEGGY SUE HORNING,
Defcndant
NO. 98 - 965
PRE-TRIAL STATEMENT PURSUANT TO Pn,R,C.P, 1920.33
I.
n.
PLAINTIFF'S BACKGROUND
1545 Red Bank Road
Dover, PA 17315
DOB: 3/19/63
Occupation: Present Job Unknown.
b. DEFENDANT'S BACKGROUND
P.O. Box 1100
Carlisle, P A 17013
DOB: 12/24/59
Occupation: Bartender/Waitress
c. Date of marriage: November 17, 1990 (First marriage for both parties.)
Date of separation: January I, 1998
d. Place of marriage: New Cumberland, Pennsylvania
d. Children: None.
f, Grounds for divorce: Marriage is irretrievably broken.
g. Issues for detcrmination: Equitable Distribution, Alimony, Alimony Pendente Lite,
Counsel Fees and Costs.
II. PERTINENT PROCEDURAL IUSTORY
2/28/98
8/03/99
Divorce action commcnced.
Wife filed Answcr and Countcrclaim and appointed the Master for the
outstanding claims.
III. INVENTORY & APPRAISAL
The marital estate identified on Exhibit "A."
IV. WITNESSES
Llm
a. Delcndant
b. Plaintifi: as on cross,
Ellprrt:
Wife reserves thc right to identify any expert witnesses or any additional lay witnesses upon
receipt of Husband's Pre-Trial Statement and a determination if there is a dispute in the value
of any marital asset.
V. EXHIBITS
It is believed that the parties will stipulate to the majority of the values for the marital asscts.
If any values are in dispute, exhibits for said values will be provided prior to trial.
Wife reserves the right to identifY additional exhibits upon receipt of Husband's exhibit list.
VI. INCOME INFORMATION
See Income and Expense Statemcnt attached as Exhibit "B."
VII. EXPENSE INFORMATION
See Income and Expense Statement attached as Exhibit "8."
VIII. PENSION VALUE
The value of Husband's defined benefit plan must be dcterl11ined. Wife requcsts thatthc
parties share the expense of said valuation.
IX. PERSONALTY
If there is a dispute to some items of personalty, an appraisal will have to be performed. Wife
is considering Husbaud's request that the personalty be sold at auction.
X.
"
1
PROPOSED ECONOMIC RESOLUTION
After reimbursement for Husband's failure to maintain the property and his non-payment of
the mortgage and the detemlination of the value of Husband's pension, Wifc proposes that the parties
equally divide the marital assets and liabilitics, She shall receive reimburscment for payment of
Husband's share of the marital debts. Thc monics to rcil11burse Wife shall come from either the
refinancing or sale of the marital residence as well as from the sale of the pcrsonalty. Ifa shortfall
rcmains, the balance shall be paid in the form of a QDRO.
2
, ,
. ,
EXHIBIT
"A"
" - ~.., .-. - ~ -.-- -.... I .._-._-~.-
Horning Marlta,LEstat!l_______ -...- .~.. .--.--- ,- " -_.._-~.
--._~_.__.. _-"ALUES_, ,_ ~OTES .----------
R/E Estimated FM\(______ _______60,000.00 Ijusband resldln In home.
less Morlg!!gL-____ __(36,g~?,~3) ...----
.....--.- ,- ,..", . - - -~._--_._----
Non.payment of Mort9!!gll_____ !QJJ,e_c.!lJ.llJJ'mlrrll..d _ ------.----.-------..----.- ------ --.- -..- u_. ______u______
Net Proceeds _..41,767,31... S_fl..l!_t-J()le,l___..
-~----_....._-_.._.._.. ---.- -.. _."---~----------
- ----.-----.-..-- ----- -..---- -.---------.+ -----_.__..._~--~---~-----
Accounts: ___M!nll]1_lIL ... ._~_._-_._.._--,---,----
Vehicles: --~-------
--_._----- ---------.-----
Lumina Van (I!j) 2"500.00_ -
2 VW Bugs ili) _---.1&00.QQ.. .------
~Q Truck and Backhoe (t!L _~,OOO.OQ..
RetirementlEmQloyment
Hardees 401 k (I!j) 13,169.71 Increase In value
Tavlor Wharton Pension ili) Present v.1lue to be determined. $136 Qer month
L
Misc.
Tools hot tub misc. Personalty_ 5,000.00 Husband has In his Qossesslon
Total Assets $68,937,08
liabilities
Dauohln Deposit VISA 2,014.90 Wife Qald off
American Kennel Club VISA 2010.90 Wife I)aid off
Sear Plus Charne 2 066.27 Wife Qaid off
Total Liabilities 6,092,07
NET ESTATE 62,645,01 Plus Husband's Pension
Assets in Husband's Possession
Real Estate 41 767,37 Parties may sell,
2 VW Bugs (HI 1 500.00
Dumo Truck and Backhoe (Ij) 5 000.00
Tavlor Wharton Pension ili) Present value to be determined. $136 per month
Tools hot tub misc. Personalty 5 000,00 Husband has In his Qossesslon
Assets In Wife's Possession
Lumina Van (WI 2,500.00
Hardees 401 k (WI 13,169.71
Liabilities in Wife's Possession
Dauphin Deposit VISA 2014.90 Wife Qald off
American Kennel Club VISA 2010,90 Wife Qald off
Sear Plus Charne 2 066.27 Wife I)ald off
Note 1, Husband has been living in marital residence since sel)aratlon. He failed to QroQerly
maintain the QfOl)erty. He has also failed to make timely mortg!!g~r:1!!yments. As of 9/6/99
the SeQtember mortg!!g~l)ayment was not made. The I)artles are In the Qrocess of determining
the best way to sell the Qrol)e~1 E :
..-....-....-.-...------- -- ----.. .-- .. "'---'-"---,---
HLNIHQIBCHIEHn2 01 CI,
LOlhl 5004J142
UOCt"42
lotI 2nd Htq Cd 1
Proporty Typo 11
O/~ Typo C2
luydown Codo N
Plrlt Du. Date
Jnt: Patd"To Dt
Ich Pmt Cata
~.g PIIlt
'.YOUnt 0''.18 Dt
"I Due
BlCt"OV Due
CUrr ?ra~ D'.Je
J..t. Charg.. Due
Total pa.t Due
':'ocal Accr Ine
Tocal Amt Du.
s~+
LOA/l HAsTIR INFORllATICN (~ART II
J/'J8/" 11,4'
IlOJlI.'INO HARTl" N
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Loan '1~e 1
Orlg Tent 1'0
Auto Pyae N
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J P-~n: Frequency
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O~1gjnatlon Date
PaY-Oft Cat.
P , t Plitt
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1/)0131
~/C~/CO
214 .54
Or19 Maturity
Cur:- Maturity
Inter..t. Rata
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n".IS
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MARTIN N. HORNING,
Plaintill'
IN TIlE COURT or COMMON PLEAS
CUMIlERLAND COUNTY, PENNSYLVANIA
v.
Civil Action - Law
PEGGY SUE HORNING,
Delcndant
NO. 98 - 965
CElnlFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby ccrtify that on this date, I served a true and
correct copy of the foregoing PRE-TRIAL STATEMENT, in the above-captioned matter upon the
following individual(s) by first class mail, postage prepaid, addressed as follows:
Lawrence J. Rosen, Esquire
Krevsky & Rosen, P.C.
I 10 1 North Front Stree
Harrisburg, P A 17 2
Barbara Sumple-Sullivan, Esquire
Attorney for Defendant
549 Bridge Street
New Cumberland, PAl 7070-193 I
(717) 774-1445
Supreme Court J.D. No, 32317
DATED: September 23, 1999
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