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HomeMy WebLinkAbout98-06662 !~ 1 ~ . i \l . !~i i ! I ' I ~ i I i ~ ~ ~. .- .'5 ~I I roli -..!! ...,1 ~i ~j cr- ~. . SHTION I INTIU>1H1CTION TillS AGREEMENT made this ; -t..:.,b day of .h1D..tCb between IJLAINE E. IIENCII C"lIusband") and m:LEN T. IIENCII ("Wife") 2000, by and WITNESSETII: WII EREAS, Blaine E. Ilench, Social Security Number 168-48-3913. was born on February IS, /966, and currently resides at .1916 Brookridge Drive, Meehanicsburg. Cumberland County, Pennsylvania 17055. WHEREAS. I'elen T. lIeneh. Social Security Number 186-60-1775, was born on July 8, 1967, and currently resides at 1312 Kingsley Road, Camp Hill, Cumberland County, Pennsylvania 17011. WIIEREAS, the parties hereto arc Husband and Wife, having been married on July 17, 1993, in Carlisle, Cumberland County, Pennsylvania. WHEREAS, the parties arc the parents of three minor children, namely, Maret Hench, born September 21, 1994, Aliyah Hench, born June 14, 1996, and Karis Hench, born July 14, 1998. WHEREAS. diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, TH EREFO RE, in consideration ofthe mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION II GENERAL PROVISIONS I. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330 l(c) of the Divorce Code of 1980. as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and ellect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 !i, ADVICE OF COUNSEl. The provisions of this Agreement and their legal effect have been tully explained to Husband by his attorney, Cara A. 130yanowski, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Robert P. Kline, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 , 8. MIITUAI. RF:LEASES E~cept as 11Iherwise e~prcssly providcd by this Agreemcnt A Each party hereby absolutely and unconditionally releases and forevcr discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, e~penses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of J 980. its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not e~pressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, e~eeulors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now e~isting or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of aclion for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 13, LAW 0,.. PENNSYLVANIA A 1'1'1.1(',\ III.E This Agreement shall be cOllstmcd ill accordancc with the laws of the Commonwealth of Pennsylvania. 14, AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 15, INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There arc no representations or warranties other than those expressly set forth herein. 16. OTHER DOClIMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAlILT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms ofthis Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 8 18, S.:V.:RADILlTY ANI) INDEPENIU:NT ANI) SEPARATF. COVENANTS The parties agree that each separate obligation C(lRlllined in this ^grcement shall be deemed to be a separate and independent covenant and agreement If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition. clause or provision shall be stricken from this Agrccment and in all other respects this Agrccment shall be valid and continue in lilll force, effect and operation. Likewise, the failure of any party to meet hcr or his obligations under anyone or more of the paragraphs hcrein, with Ihe exception oflhe satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wifc shall be sent by certified mail, return receipt requcsted, to Helen T. Hench,1312 Kingsley Road, Camp Hill, Pennsylvania 170 II, or counsel for Helen T. Hench, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Blaine E. Hench,3916 Brookridge Drive, Meehanicsburg, Pennsylvania 17055, or counsel for Blaine E. Hench, or such other address as Husband from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 day of April, 2000 through and including March 1,2003. fllr her separute support and maintenance, the amount of Three Hundred ($JOOOO) Dollars per month SECTION IV IJ. Modification of Alimonv - The parties agree that the amount of alimony shall be subject to modification by the Court of Common Pleas of Cumberland County upon a substantial change in circumstance. C. Termination of Alimonv - Alimony payments shall terminate upon the first to occur: I. Wife's remarriage or cohabitation with a member of the opposite scx; 2. Wife's death; 3. Husband's death; 4. March I. 2003 D. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation. jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books. works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 11 2, Rt:TIIU:MENT IJENEFITS The parties agree that Wite shall retain sole ownership and possession ofall of her retirement benetits and plans and Ilusband specifically releases and waives any and all interest. claim or right that he may have to these assets. The parties further agree that Husband shall retain sole ownership and possession ofal of his retirement benefits and plans and Wife speeiticlllly releases llnd waives any and all interest, claim or right that she may have to these assets 3, BANK ACCOUNTS Husband and Wife arc the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they arc titled and each party waives any right, title or interest they may have in the other parties' account. 4, UNITED STATES SAVINGS BONDS Husband and Wife agree that the United States Series E savings bonds, in the possession of Wife, shall be used solely for the children's expenses. Wife shall supply a written inventory of the United States Series E savings bonds existing as of the date of this agreement and shall furnish Husband with an inventory of all bonds. 5. AUTOMOBILES The parties are the owners of various automobiles including a 1996 Jeep and a leased 1997 Minivan. Husband and Wife agree that the 1996 Jeep shall be the sole and separate property of Husband and Wife waives any right, title or interest she may have in this vehicle. Husband and Wife agree that the leased 1997 Minivan shall be the sole and separate property of Wife, and Husband waives any right, title or interest he may have in this vehicle. Each party shall be responsible for any loans on his or her vehicle distributed under this Agreement. Each party agrees to execute the necessary documents to transfer said automobiles as provided herein. 6. LIFE INSlIRANCE Husband and Wife are the owners of various life insurance policies through Mass Mutual Life 12 Insurance Company Ilusband and Wife agree that these policies. and thcir cllsh values. shall be the sole and separate property of the pcrson in whose name they are titled and each party waives any right, title or interest they may have in the other parties' policy. Each party shllll be responsible for any premiums due upon his or her policy under thIS Agreement. 7. CURRENT LIABILITIES Wife and Husband represent that they have taken all stcps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 8. WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 9. AFTER-ACOUIRED PROPERTY Each 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 acquired by him or her after execution of this Agreement, 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. 10. REAL ESTATE A. Marital Residence - The parties acknowledge that the proceeds from the sale of the real property known as 5515 Westbury Drive, Enola, Cumberland County, Pennsylvania, have been distributed to the mutual satisfaction of the parties, with Husband receiving forty (40%) percent of the remaining net proceeds and Wife receiving sixty (60%) percent of the remaining net proceeds. B. Orange Lake Time Share - The parties agree that they are the ownersofa time share in Orange Lake County Club, Kissimmee, Florida, known as Week 25, Unit 5626. The parties further agree that simultaneously with the execution of this Agreement, Wife shall execute all documents necessary, to transfer all of her right, title and interest in the Orange Lake Country Club time share to Husband. Thereafter, Husband shall be the sole and separate owner of the Orange Lake Country Club time share. 13 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements. terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF. intending to be legally bound hereby, the parties hereto have setlheir hands and seals on the date indicated below. /1 ~ /7 I' . ~ ~ / / IlJ1[]OPlJlKlVQt. '(( , ,,'IV ~ITNESS a c v : ../- BCAINE E. HENCH- 3. N (}{) - DATE ~})k(() WITNESS , , -r' {' I " / I. I .1 J l " I I HELEN T. HENCH ),/LI_ .7(((' DATE 14 4. Related claims pending None 5. (Complete either (a) or (b).) (a) Date and manner of service oflhe notice of in ten lion 10 file praecipe to transmit record; a copy of which is attached: N/A (b) Date Plaintiff's Waiver of No lice in *3301(e) Divorce was filed with the Prothonotary: March 16, 2000. Date Defendant's Waiver of No lice in *3301(e) Divorce was filed with the Prothonotary: March J 6, 2000. Respectfully submitted, DALEY LAW OFFICES ~. ra A. Boyanowski, quire Supreme Court J.D. No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Plaintiff BLAINE E. HENCH, Plaintiff IN TIlE COlJRT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CIVIl. ACTION .I.AW v. ~~~:~ HELEN T. HENCH. (;'r NO. ! - /, U ;), 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, Cumberland County Courthouse, High and Hanover Streets, 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 (717) 249.3166 mruClA Le han dcmandado a usted en la corte. Si usted quiere defendersc de cstas demandas cxpueslas cn las paginas siguientes, usted tiene vicntc (20) dias de plazo al partir dc la fccha de fa demanda y la nOlificacion. Ustcd debe presentar una aparieneia escrita 0 en persona 0 por abogado y archivar en la corte en forma cscrita sus defensas 0 sus objeciones alas demandas cn contra de su persona. Sea avisado que si ustcd no se defiende, la corte lomara medidas y puede entrar una orden contra ustcd sin prcvio aviso 0 notifieacion y por eualquier queja 0 alivio que es pcdido en fa pctieion do demanda. Ustcd pucde pcrder dinero 0 sus propicdades 0 otros dercchos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. Sf NO TIENE ABOGAlJO 0 SI NO TIENE EL D1NERO SUFfCIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty A venue Carlisle, Pennsylvania 17013 (717) 249-3166 County, Pennsylvlll1ia 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 6. The causes of action and sections of Divorce Code under which Plaintiff is proceeding arc: A Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on October 19, 1998. 7. Plaintiff avers that there are three minor children born of the parties' marriage, namely, Maret Hench, born September 21, 1994, A1iyah Hench, born Jule J 4, 1996, and Karis Hench, born July 14, 1998. 8. There have been no prior actions in divorce between the parties. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in eounseling. 10. The parties may enter into a written agreement with regard to support, custody, visitation of children, a1jmonyand property division. In the event that such an agreement is executed BLAINE E IIENCII, l'laintilr IN TIlE couln 01' COMMON PLEAS CUMBERLAND COUNTY, "ENNSYLV ANIA CIVIL ACTION - LAW v. NO. 98.6662 CIVIL TERM HELEN T IIENCH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(0 OF TilE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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.A. 94904 relating to unsworn falsification to authorities. Date: 3- IL\ -co /~7/ ~ /../ i;/ / ; /' r ,/ ' ,. / . ,..' /'~' ) - , ), J, ,/-~ c- ame E. Hench, Plaintiff By: '. BLAINE E IIENCII, 1}laintilT IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L,\W v. NO. 98-6662 CIVIL TERM HELEN T. IIENCH, Defendant IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under *3301(c) of the Divorce Code was filed on November 23, 1998. 2. The marriage of PlaintilT and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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.A. *4904 relating to unsworn falsification to authorities. Date: 3 ILl. zero By: ~ ItLl/1-r ,it' ^C{.., Helen T. Hench, Defendant Social Security No. 186-60-1775 BI.AINE E. IIENCII, IN TIlE COURT OF COMMON I'I.EAS ClJMBERI.ANI> COUNTY, I'ENNSYI.VANIA Plainlill' vs. IJELEN T, III~NCII, NO. 98-6662 CIVil, TERM Defendant IN DIVORCE PRAECIPE TO WITHIlI{A W APPEARANCE PI case withdraw my appearance on behalf of the defcndant, Helen T. Hench, in the ,lbove- captioned divorce action. 3/'/00 fLj'j j Uu'r AUSTIN F. GI G 24 N. 32nd Street Camp Hill, PA 170 Date PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on bchalf of the defendant, Helcn T. Hench, in thc above- captioned divorce action. 8 f1o'IA,zc.~-t 2<X;o Date C\_ ),. \ ))() -~,P11- ~, _ ROBERT PETER KLINE, ESQUIRE 331 Bridge Street, Suite 350 Post Office Box 461 NewCul11berland, PA 17070-0461 (717) 770-2540