HomeMy WebLinkAbout98-04515
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1U, 9'1 . '15-/.0;(' ,r'
THIS AGREEMENT, made this
Carlisle, Cumberland County, Pennsylvania, by and between MICHAEL A, HONE of
960 Cranes Gap Road, Carlisle, Cumberland Coun,ty, Pennsylvania 17013 (hereinafter
referenced as "Husband")
AND
KIMBERLY B, HONE of960 Cranes Gap Road, Carlisle, Cumberland County,
Pennsylvania 17013 (hereinafter referenced as "Wife"),
ARTICLE I
SEPARATION
1.0 I Separation of Parties. Differences have arisen between the parties as a
,
result of which they intend to separate themselves from marital cohabitation,
1.02 Intention to Live Apart. The parties ultimately intend to maintain separate
and permanent domiciles and to live apart from each other, It is the intention and purpose
of this Agreement to set forth the respective rights and duties ofthe parties until
separation and to settle all financial and property rights between them in contemplation of
a divorce,
ARTICLE II
ENFORCEABILITY AND CONSIDERATION
2,01 Equitable Distribution of Marital Property. The parties have attempted to
WAYNEF, SHADE divide their marital property in accordance with the statutory rights of the parties and in a
Attorney at Law
53 West Pomfrel Street
Carlisle. Pennsylvania
17013
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morel than the nppl"Jised value. 'Ille ultimate sale price will be nlllcss than the appraised
value, Upon sale of the property, the parties would divide the net cquily equally aner
payment of all liens of record and customary closing costs.
.
3.02 Equitable Division of Personal Property.
(a) Within thirty (30) days from the date of execution of this Agreement, Husband
shall transfer to Wife the title to the 1986 Chevrolet Camaro automobile, By her
execution of this Agreement, Wife will be waiving any claims to the 1985 Chevrolet piek-
up and the 1989 Ford Escort;
(b) Until the date of closing on refinancing or third party sale, Wife shall be
entitled to remove from the marital dwelling any furniture, household goods and other
similar untitled personal property other than items related to Husband's wildlife hunting
,
or fishing, Each of the parties will relain absolute ownership of such items as arc in his or
her possession or control at the time of closing on any refinancing or third party sale, The
property shall be deemed to be in the possession or under the control of either party if, in
the case oftangible personal property, the item is physically in the possession or control
of the party at the time of closing on any refinancing or third party sale and, in the case of
intangible personal property, if any physical or written evidence of ownership, such as ,
passbook, checkbook, policy or certificate of insurance or other similar writing is in the
possession or control of the party, unless provided otherwise in this Agreement;
WAYNE F, SIlADE
Attorney at Law
S3 West Pomfrel Street
Carlisle. pennsylvania
17013
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(c) to act as executor or administrat?r of the other parties' estate; and
(d) the right to alimony, support, alimony pendente lite, attorney's fees and
equitable distribution,
8,05 No Debts and Indemnification. Each party represents and warrants to the
other that he or, she will not incur any debt, obligation or other liability, other than those
already described in this Agreement, on which the party is or may be liable, Each party
covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking
to hold the other party liable for any other debt, obligation, liability, act or omission of
such party or for any obligation assumed by a party hereunder, the party liable will, at his
or her sole expense, defend the other against any claim or demand, whether or not well-
founded, and that he or she will indemnifY and hold harmless the other party in respect to
.
all damages resulting therefrom. The obligation created hereunder will be payable as
alimony so as to constitute an exception to discharge in bankruptcy,
8,06 Full Disclosure. Each party asserts that he or she has made a full and
complete disclosure of all of the real and personal property of whatsoever nature and
wheresoever located belonging in anyway to each of them, of all sources and amounts of
income received or receivable by each party, and of every other fact relating in anyway, to
the subject matter of this Agreement. These disclosures are part of the considerations
made by each party for entering into this Agreement.
8,07 Right to Live Separately and Free from Interference. Each party will live
WAYNEF,SHADE
Anarmy al Law separately and apart from the other at any place or places that he or she may select.
S3 West Pomfret Street - 1 ..' '
Carlisle. pennsylvania
17013
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Agreement or seck such other legal remedies as may be available to either party, Nothing
herein shall be construed to restrict or impair either party in the exercise of this election,
8,11 Amendment or Modification. 111is Agreement may be amended or
modified only by a written instrument signed by both parties,
8.12 Successors nnd Assigns. In the event of the death of either party prior to
the issuance of a Decree in Divorce, this Agreement shall survive the death; and all
property, whether jointly or separately owned, shall be divided under the temlS of this
Agreement between the estate of the decedent and the surviving spouse as though the
Decree had issued prior to the death, Except as otherwise expressly provided herein, this
Agreement will be binding on and inure to the benefit of the respective legatees, devisees,
heirs, executors, administrators, assigns and successors in interest of the parties,
.
8,13 Law Governing Agreement. This Agreement will be governed by and will
be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect
at the date of execution hereof.
8.14 Reconciliation. In the event of reconciliation, attempted reconciliation or
other cohabitation of the parties hereto after the date of this Agreement, this Agreement
shall remain in full force and effect in the absence of a written Agreement signed by b<?th
parties hereto expressly setting forth that this Agreement has been revoked or modified.
WAYNEF, SHADE
Attorney It Law
S3 West Pomfrel Stlcel
Carlisle. Pennsylvania
17013
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, intending to be legally bound hereby, the day and year first above written,
Signed, Scaled nnd Delivered
in the Pre nee of:
1lM~~(SEAL)
\, b~kLc.
Y).U~}e, l~~ ') (SEAL)
- ~berlY B.~e"
WAYNEF,SHAOE
Attomc:y'ILaw
53 West Pomfrel Street
Carlisle, Pennsylvania
17013
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COMMONWEALTII OF PENNSYLVANIA)
) S8:
COUNTY OF CUMBERLAND )
On this;the ~ day of ,-,~12'
, 1998, before me, the
undersigned officer, personally appeared MIC -1AEL A, HONE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknowledged that he executed the same for the purposes therein
contained,
IN WITNESS WHEREOF,I hcreunto.set my
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WEtIDY M BURKHO,GEP., ~iO'.;r; Pe~J!::
Car/hie, Cumbgrland C~!:J,il.i
M~' Commission E1,p!ra~ j-J'!8 7 'I :;,:J
COUNTY OF CUMBERLAND
On this, the ~ day of.
, 1998, before me, the
COMMONWEALTH OF PENNSYL V ANI
S8:
undersigned officer, personally appeared IMBERL Y B, HONE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the foregoing
Agreement and acknowledged that she executed the same for the purposes therein
contained,
----~.-
IN WITNESS WHEREOF, I here
WAYNEF. SHADE
Attorney al Law
S3WcstPomfretStrect
Carlisle. Pennsylvania
17013
tlOTARL';l S:A'
WENDY M. BURKHOlliER. fJo13ry Public :
C3IlIsle, Cumberland CQuntj
MY~Ommi~sion Expires Ju.n~ 7, 198U
Notary Pub ic
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MICHAEL A, HONE,
Plaintiff
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYL VANIA
: CIVIL ACTION - I.A W
v,
: NO, 98-4515 CIVIL TERM
KIMBERLY B, HONE,
Dcfcndant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, togcther with the following information, to the Court
for entry of a divorce decree:
I, Ground for divorce: Irretrievable breakdown under ~330 I ( c) of the Divorce
Code,
2, The date and manner of service of the Complaint were August 5, 1998, by
United States certified mail, return receipt requested, addressee only, bearing Certified
No. Z 332 854 964,
3. Date of execution of the Affidavit of Consent and Waiver of Notice oflntention
to Request Entry ofa Divorce Decree under ~3301(c) of the Divorce Code by Plaintiff
\Vas November 8, 1998, and by Defendant was November 10, 1998,
4, Related claims pending: None.
Date: November 16, 1998
WAYNE F. SIlADE
Atlomc)'ntl.aw
53 West Pomrrel Street
Carlisle. Pennsylvania
17013
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Wayne1:, Shade
Attorney for Plaintiff
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MICIIAEL A. IIONE,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY.I'ENNSYLV ANIA
: CIVIL ACTION - LA W
v,
KIMBERL Y 13, IIONE,
Dclcndanl
: NO, 98- ",/).- CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You havc been sued in Court, I I' you wish to defcnd againslthe claims set forth in
the following l1ages, you musttakc prompt action. You arc warned that if you fail to do
so, the case may proceed without you, and a decree of divorcc or annulment may be
entered against you by the Court. A judgment may also be cntered against you for any
other claim or reliefrequesled in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation of YOUI' 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
CUMBERLAND COUNTY COURTHOUSE, CARLISLE. PENNSYLVANIA 17013
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
Telephone: 717-249-3166
WAYNE F. SHAIlE
Allomcy 01 Law
53 West I'omrrel Street
Carlisle. Pennsylvania
17013
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Wayne F, 'hade
Attorney for Plaintiff
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5,
I'laintilTuvers as the grounds on which this uetion is based that the nlllrriage of the
parties is irretrievubly broken,
6,
There have been no prior actions lor divorce or unnulmentof this marriage in
Pennsylvania or in any other jurisdiction,
7.
Both parties to this Action in Divorce arc legally capable of munaging their own
concerns,
8.
Defendant herein is not a member of the armed forces of the United States of
America.
9,
There were three children born to the parties, namely, Allan M, Hone, born
November 23, 1980, Kimberly S, Hone, born June 28, 1982, and Joseph p, Hone, born
August 17, 1984,
10.
Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling,
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I verily that the statements made in this pleading arc true and correct. (understand
thatlillse statements herein arc made suhjeet to the penalties of I B ('a.C.S. *4904 relating
to unSWOnl litlsilieation to authorities.
Date: August t.t ~9B
~ Mt{j (1 . tJav~
Michael A. lIone
WAYNEF.SIIADE
AlIorneyall.aw
53WeslPomrrelSlreel
Carlisle. Pennsylvania
17013
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MICIIAEL A. IIONE.
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: CIVIL ACTION - LA W
v.
: NO. 98-4515 CIVIL TERM
KIMBERLY B. 1I0NE.
Defendant
: IN DIVORCE
AFFIDA VIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~330I(c)
OF THE DIVORCE CODE
COMMONWEALTH OF PENNSYL VANIA)
) ss:
COUNTY OF CUMBERLAND )
1.
A Complaint in Divorce under Section 3301(c) of the Divorce Code with Notice of
Availability of Counseling was liIed on August 5, 1998, and served on August 5, 1998.
2.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
3.
I consent to the entry of a Final Decree of Divorce without notice.
4.
I understand that I may lose rights concerning alimony, division of property,
WAYNE F. SIlADE
AUorneYlIlLlIw
SJWesli'omfrelSlreel
Carlisle. Pennsylvania
17013
lawyer's fees or expenses if I do not claim them before a divorce is granted.
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I understand that I will not he divorced until a Divorcc Deerec is entered hy the
Court and that a copy of the Deerec will he sent to mc immediately aner it is tiled with
the Prothonotary.
6.
I have bcen advised ofthe availability of marriage counseling and of my right to
counseling and understand that I may rcquest that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised. I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
I verify that the statements made in this Aflidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsifieation to authorities.
Date: November /0, 1998
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IN Tim COUIlT O~' COMMON I'I.I;A8 ()fo' CUMIlJo:llI.ANl> COUNTY. 1'1':NNSYI.vANI A
CIVIl. ACTION - I.AW
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I' In in tiff
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IN DIVORCE
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Defendant :
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter, having been granted a Final Decree in Divorce on the
I J day of tv',:\r(~ I') \.,,,. " 19__9 ~, hereb~ .elec,ts to resume the
prior surname of ~\ !Q\ \)f r \], 1'> (:.." \~ \! \ \'\ , and gives
this written notice pur~u~nt to the provisions of 54 1'.5. S 704.
DATE:
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COMMONWEALTH OF PENNSYLVANIA:
55.
COUNTY OF CUMBERLAND
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On the """" " day of , -Z.;J -6.(L, before me, a
Notary Public, personally appeared th above affiant known to me to
be the person whose name is subscribed to the within document and
acknowledged that he/she executed the foregoing for the purpose
therein contained.
seal.
In Witness Whereof, I have hereunto set my hand and official
-::f(n(~ JYl U\~ ( )
! Notary PUblic;
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