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HomeMy WebLinkAbout00-05678 . , -< J " , , . . . .. '" "'''' Of. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF . CHRISTINE M. RO~ICK, . . Plaintiff NO. ?OOO-~1i7R rTVTT, TFRM . VERSUS ANDREW M. ROMICK, Defendant . . . DECREE IN DIVORCE ~ 1/:07 A.A. 2001 . ~()~ IT IS ORDERED AND . . AND NOW, DECREED THAT CHRISTINE M. ROMICK , PLAINTIFF, AND ANDREW M. ROMICK , DEFENDANT, . . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Property Settlement Agreement between the parties dated October 25,2001, and attached hereto, are Incorporated In this Decree In DIvorce by reference as fully as If the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Dec . . . . By ATTEST: PROTHONOTARY - , ~~"j iliili"':~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . J. . . , . , , , . . , ~, --~""""""""',~"--~-'- "'.'c" j;). I;), ) """""'--'~~'~~ . -~I .()/ -""~, . c'~ _ . <<_<< '_', _,-eo',,", ..."-.ff_~__~". ,_, "'", ~~ t~ '> ';;;.. 't. .. M-~ )U:J;; -t d- 'ilk ~ -t .?- -,."..,.. "'. "T , '>~- ~ ~ I~-""". " ~~.~ ~._._- "~', ,,'\'l~ "~l -~ ~ ~ -~"'" . ~ --:d '. PROPERTY SETTLEMENT AGREEMENT . .fl.-, THIS AGREEMENT, made this ZS day of ClC.:T"ZlB~ ,200i, is by and between: ANDREW M. HOMICK, of 17 Chestnut Street, Camp Hill, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and CHRISTINE M. HOMICK, of 310 Belaire Drive, Shiremanstown, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 12 April 1991 and are the parents of three minor children: Jessica H. Homick, born 27 September 1991, Natalia C. Homick, born 25 June 1993, and Shane M. A. Homick, born 1 July 1998 (hereinafter referred to as "children"). In addition, Wife's daughter by a prior marriage, Brianna J. M. Brooks, born 12 September 1985, lived with the parties during their marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2000-5678 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Donald T. Kissinger, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and l - , -'- ,.~ , - .~~- '.~ " ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY OF CHILDREN. The parties shall share legal custody of their minor children and shall arrange the physical custody of the children as they shall mutually agree, from time to time, hereafter. This agreement makes no further disposition of the custody of the children and each of the parties is free to seek an order of custody for the children from a court of appropriate jurisdiction if they choose to do so. 2. FAMILY SUPPORT. For the term as set forth in sub-paragraph D hereof, Husband shall pay to Wife, for the support of Wife and the parties' minor children, and in full satisfaction of his obligation to contribute to the financial support of Wife and the children hereafter, unallocated family support, as follows: A. Commencing with the month following the date the parties execute this agreement and continuing for the term of this provision, as set forth in sub-paragraph D hereof, Husband shall make cash payments to Wife in the amount of Three Thousand ($3,000.00) Dollars per month. The payments shall be made in equal bi-weekly amounts within five days of the day Husband is paid by his employer and shall be paid directly to Wife. B. In addition to the cash payments above, and for the term of this family support provision in accordance with sub-paragraph D, Husband shall pay the parochial school tuition provided that the children continue to attend the parochial schools in which they are now enrolled or another parochial school selected by the mutual consent of the parties. Husband shall make such payments directly to the school. 2 > ~~ ~ II ii Ii I II Ii 'I I: !i , _' _< ,; c_,. ~. ^_ , "t.j,~ C. For the term of the family support provision of this agreement, as determined by sub-paragraph D, Husband shall pay 75 percent of all medical expenses incurred for the children not reimbursed by health insurance, to the extent that the unreimbursed expenses exceed $250.00 per child per year. D. Husband shall make the family support payments provided in the preceding sub-paragraphs until the first of the following events occur: (1) Wife's death, remarriage, or cohabitation with another adult not her spouse, in which event Husband's obligation to make the family support payment hereunder shall terminate absolutely and Husband shall have no further obligation to pay alimony, spousal support, alimony pendente lite, or any other financial support payment to Wife, for Wife'ssupport, after such event occurs; or (2) Until 30 September 2005; or 131 The parties' minor children no longer reside in Wife's primary physical custody but reside primarily in another household. When Husband's obligation to make family support payments in accordance with this paragraph terminates for any of the reasons outlined above, Husband shall have no further responsibility to contribute to the financial support of Wife by paying alimony, alimony pendente lite, or spousal support. If Husband has an obligation to contribute to the support of the children, the parties shall attempt to negotiate an amount of child support by agreement and, if they cannot reach agreement, either party may request a court of proper jurisdiction to set an amount of child support for Husband to pay under the law of Pennsylvania then in effect and, in the event that a court enters such an order, that order shall supplant and replace entirely the support provisions of this 3 obligations of the parties in the future. jJ~ \. 1-: d~r ~ The cash payments made by Husband to Wife pursuant to sub- paragraph A hereot--a"d all volulIlary \,;a~h ~.:lrp~rt oavment" m<>Q<> '"'If - lAp .LIlt< a-t '\- a~ rf-t I ) I iI 'i )1 ~ i - ~--- " ~., " ~~~ agreement and shall determine the support rights and ob'ligations of the parties in the future. E. The amount of the cash payment of unallocated family support provided in sub-paragraph A hereof shall be subject to modification only if Husband loses his present employment or job assignment through no fault or misconduct of his own and, as a result, suffers a significant loss or reduction in income. Otherwise, the amount of the unallocated family support as provided in this paragraph shall not be subject to modification by any court or tribunal at any time in the future and may only be modified by the mutual written consent of Husband and Wife. If Husband is entitled to a modification of the support because of a loss of his employment or job assignment, the parties shall attempt to negotiate an amount of child support by agreement and, if they cannot reach agreement, either party may request a court of proper jurisdiction to set an amount of child support for Husband to pay under the law of Pennsylvania then in effect and, in the event that a court enters such an order, that order shall supplant and replace entirely the support provisions of this agreement and shall determine the support rights and Husbanrl.tg Wife arler I January 2661 and up lO {he dale of ti'lis a!lre6'I'f.l~'1t~ shall be deemed and treated by both parties as alimony for tax purposes. Wife shall report such payments as income, and Husband shall deduct such payments as alimony, for purposes of income taxation. II 3. PERSONAL EXEMPTIONS OF THE CHilDREN. Wife shall be entitled to claim Ii the personal exemptions of the parties' three minor children so long as Husband is making !i the unallocated family support payments as provided in the preceding paragraph. Husband !i shall be entitled to claim the personal exemption of Brianna Brooks so long as he continues ~ ' 'I i ~ 4 . ~ - ;-, <=~ to provide medical insurance for her through his current employer, Tyco, Inc. In the event that Husband cannot, for any reason, claim the personal exemption of Brianna Brooks, he shall not be required to provide health insurance for her. Wife shall be responsible to prepare and sign any document necessary to confirm Husband's right to claim Brianna's tax exemption and to obtain the execution of such form by the child's father. 4. HEALTH INSURANCE FOR WIFE. As long as the parties remain married, Wife shall continue on the insurance coverage provided by Husband's employer, so long as she is otherwise eligible for such coverage. After the divorce of the parties, Husband shall have no further obligation to provide medical insurance coverage for Wife. From and after the date of this agreement, Husband shall not be responsible to pay any portion of Wife's medical expenses which are not covered or reimbursed by the insurance coverage provided for Wife and Wife shall be responsible to pay all unreimbursed medical expenses she incurs for herself. 5. LIFE INSURANCE ON HUSBAND. Wife shall have the right to obtain, at her sole expense, a policy of insurance on Husband's life paying a death benefit of $250,000.00. Wife shall be solely responsible to arrange, maintain, and control such policy and the selection of its beneficiaries. Husband's only responsibility with regard to such insurance shall be to cooperate so that Wife can acquire such insurance within six months after the date of this agreement. Wife shall have the right to maintain such insurance, however, only so long as Husband is obligated to pay unallocated family support pursuant to the terms of Paragraph 2 of this agreement and, when Husband's obligation to make such payments ends, for any reason, Wife shall cancel the insurance on Husband's life obtained I I II pursuant to this paragraph and shall supply verification to Husband that the insurance has 'i lib' d Ii een terminate . fI Ii 6. MARITAL RESIDENCE. Husband covenants and agrees to convey to Wife, as ii her sole and separate property, the real estate presently owned by the parties hereto as I' :: tenants by the entireties and being known as 310 Belaire Drive, Shiremanstown, II d ., II Pennsylvania, subject, however, to all liens, encumbrances, easements, an restnctlons ~ i . ~ i ~ , 5 ! ., il ..li..- " "I ". ~'" " -. .'" . ,~ "-- ~- "=""'"k.: presently existing thereon. In furtherance of this Agreement, Husband represents that he has, as of the date of this Agreement, executed, acknowledged, and delivered to his attorney, a deed to said real estate, conveying the same as above described to Wife, and agrees that said deed shall be held in escrow by his attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Husband's attorney shall, without further direction or authorization from Husband, deliver the said deed unto Wife's attorney or such other person as Wife may designate, so that the deed can be recorded at or shortly before the time of entry of a final decree in divorce. 7. REAL ESTATE INDEMNifiCATION. Wife shall, from and after the date of this agreement, be solely responsible to pay and satisfy, in accordance with its terms, the mortgage against the residence currently owed to Waypoint Bank, the home equity loan secured by the property currently owed to Waypoint Bank, and any other lien, charge, or assessment against the property or arising out of its use, occupancy, or ownership, specifically including any and all utility charges. Further, Wife shall indemnify and save Husband harmless from any loss, cost, or expense caused to him, including reasonable attorney's fees and expenses, resulting from her failure to pay and satisfy such debts, expenses, or obligations in strict accordance with their terms. 8. HUSBAND'S RETIREMENT ACCOUNTS. As a result of his employment by various employers during the marriage, Husband has become the owner of a 401 (k) plan with Tyco, and a rollover IRA containing the proceeds of a 401 (k) plan with the Tech Group, and other retirement and tax-deferred assets. Wife, being aware of such assets or having had the opportunity to obtain information about them, hereby waives, releases, and relinquishes any and all claim to or interest in such assets and confirms them to be the sole and separate property of Husband, free of any further claim by him. In consideration of such waiver, Husband agrees that he shall designate the parties' three minor children as the sole beneficiaries of such retirement accounts and assets and shall maintain the three 6 "" ,~ "'" ';L~ children as the sole and exclusive beneficiaries of such accounts until the youngest of the children attains the age of twenty-five (25) years. 9. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. His interest in the business he called "Custom Mold Design" and the computers, office equipment, and bank account which he used in the operation of that business. B. Husband's bass boat with outboard jet motor and trailer. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 10. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Wife's IRA with AARP. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 11. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was 7 ~ I 1\ " ~ " ,', "k '.,-,~ ~j heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 12. MOTOR VEHICLES. The parties agree that Husband recently traded in the 1994 Jeep Grand Cherokee acquired by them during the marriage and with the proceeds of that trade, paid in full the balance owed Wife's mother, Delores Robb, on the loan that Wife's mother made to the parties to finance the purchase of said vehicle. The parties further acknowledge that both of them signed the title and all of the documents necessary to complete such trade and Wife waives any further claim to or interest in the said 1994 Jeep Grand Cherokee motor vehicle or the proceeds of its trade or other disposition. The parties agree that Wife shall become the owner of the 1996 Chevrolet Suburban. If such vehicle is titled in joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Wife. Husband does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle. Wife has refinanced the debt owed to the West Shore Teachers Federal Credit Union, in the approximate amount of $14,000.00, which formerly encumbered the title to the vehicle and has, thereby, obtained Husband's unconditional release from that debt. 13. DEBTS. Wife shall pay the debt owed to her mother which was created at the time of the parties' purchase of real estate in Arizona on which the parties owed an original principal balance of $10,000.00 and shall indemnify and save Husband harmless from any loss, cost, or expense, including reasonable attorney's fees, caused by her failure to pay and satisfy such debt in accordance with its terms. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other I not previously disclosed or provided for in this agreement. Each of the parties hereby , represents to the other that neither one of them have incurred or contracted for debts in II the name of the other or for which the other is or would be legally liable from and after the 8 Ii ~ "~ ~ " .w1iti: " date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 14. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to I the marital property of the parties and the equitable distribution of the same. I 15. WAIVER OF FURTHER ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. ! . The parties acknowledge that they are aware of the income, education, income potential, I I i and assets and holdings of the other or have had full and ample opportunity to become , I familiar with such items. Both parties acknowledge that they are able to support and I maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at 9 ['" " ~ ,-- "~ '. ~, > '~>-." 'Bit .-- J ~'. this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 16. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights 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 remise, release, quit claim, and foreVI~r 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 of 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 hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 17. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and 10 Ii . , ',- "~ -,". . ,,-~- -..~ deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 18. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being. aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 19. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with their execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c} of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but 11 .. ;l. ,- Ji!i~i not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. The parties agree that they shall cause their attorneys to file the necessary documents to conclude the divorce action as promptly as possible after their execution of this agreement. 20. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 21. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement I and to the claims which they are terminating hereby. Consequently, each of the parties, I Ii for themselves, their heirs, successors, and assigns, does hereby accept the terms and " c, "I provisions of this agreement in full satisfaction of any claims, of any nature, they may I have, or may ever have had, against the other party and each of the parties does hereby I waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 12 i., II .-~ ~ ~ '-~~""-"~' 22. CHOICE OF lAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 23. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 24. NON-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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ~.H{1/L}( 1fW) itness Witness CHRISTINE M. HOMICK I I .1 II !i It il I 13 ~ _"0. ~ ~"""''''''''''~''''_iIIiiIllI_Ja1"",""",~:"",'"k _ , , " COMMONWEALTH OF PENNSYLVANIA SS.: COUNTY OF CUMBERLAND On this, the 2 ~ day of ClC n>@'.EJ(i' ,2001, before me, the undersigned officer, personally appeared ANDREW M. HOMICK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ( 55.: ) On this, the day of , 2001, before me, the undersigned officer, personally appeared CHRISTINE M. HOMICK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: l4 i ,I Ii : .~.~ ~ , ,-- ~ . , ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v, ) ) ) ) ) ) ) NO, 2000-5678 CIVIL TERM ANDREW M. HOMICK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under g3301(c) ofthe Divorce Code. 2, Date and manner of service ofthe complaint: Service accepted by Samuel 1. Andes, Esquire on August 23, 2000; Acceptance of Service being filed contemporaneously herewith, 3. Date of execution ofthe affidavit of consent required by g3301(c) of the Divorce Code: by plaintiff, December 18, 2001; by defendant, December 20,2001. 4. Related claims pending: All claims resolved by Property Settlement Agreement of October 25,2001. 5, Date plaintiffs Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: ,fA /~&-1) 1_ I X / onald T issinger, Esquire H TT, KISSINGER & C 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Christine M. Hornick I: ,="",.". ,~- ~~ , , ]J' , 'j,J~-"'~~''''--''' " ~, n ,', illIllMfiMIiI1"V'I' 'c'.,' , "I.' .., .. - . r , Illr-u i~ 1:) 1'; III Ii u !,r ,'f " E, j,: I 1:1 i:i i:i Iii I': 0 0 0 C -n ~ Cl --l "0 OJ 1"1 ;:!~ :n mm n "'j'- Z--n N -.....q, zs;; ~~6 en .; en ~"', kC,' :Po -,- 11 o~ ~o :x orn -0 5 Pc '1;! ~ ;:- ?:2 0:> ;-~__..~ 'i-Iililiti...~ ~. ~~."" ....."'"""'"'''''- ~-~ ~, l._"'-"-"-~ - ......---. ,~., < L'!!t~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- S'l. 7.P CNIL TERM ANDREW M. HOMICK, Defendant CNIL ACTION - LAW IN DNORCE 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 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, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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, P A 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Co=on Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable acco=odations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ,"I ~ -~.~ -""""- -- -il>~,...- "-_~~ t J. -~- "~~~ ~ - ..-,.~- --i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- s', 71 CIVIL TERM ANDREW M. HOMICK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Christine M. Hornick, by and through her counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: I. Plaintiff is Christine M. Hornick, an adult individual who currently resides at 310 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania, 170 II. 2, Defendant is Andrew M. Hornick, an adult individual who currently resides at 310 Belaire Drive, Shiremanstown, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on April 12, 1991 in Scottsdale, Arizona. 5. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either ofthe parties in this or any other jurisdiction. '~"'_....o""~d~ ~ " , D """'"-"'" 1 IIiI IiiRMil --~ 7. 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. 8. The parties are living separate and apart. COUNT I - DIVORCE PURSUANT TO &3301(c) or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~3301 of the Divorce Code. COUNT II - EOUlTABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - SPOUSAL SUPPORT. ALIMONY AND ALIMONY PENDENTE LITE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintifflacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marnage. 15. Plaintiff is unable to sustain herself during the course of this litigation. ~"'-~-"~__~""""""_f!!I.l.,.. -"" Li/!lIIl. ~~,.~-<.. ~~-Jlj WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV - COUNSEL FEES. EXPENSES AND COSTS OF SUIT 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. Plaintiff has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 18. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 19. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT V - REOUEST FOR CUSTODY AWARD UNDER ~3104(a)(2) AND &3323(b) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 21. The parties are the parents ofthe following unemancipated children who reside with the parties. Name Date of Birth Jessica H. Homick September 27,1991 Natalia C. Homick June 25, 1993 Shane M.A. Homick July 7,1998 ,~ ..> - ~ fl' ~~.~- - " --"'~ . - ~ '~'-~sI;'~ .~~.<II.:IdII.*1 ~ ~L1li1li11_X4L4 22. During the past five years, the children have resided with the parties and at the addresses herein indicated: From To With Whom Addresses December 1994 Present Plaintiff and Defendant 310 Belaire Drive Shiremanstown, PA 17011 23. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 24. There are no other proceedings pending involving custody of the children in this or in any other state. 25. Plaintiff knows of no person not a party to these proceedings who has physical custody ofthe children or who claims to have custody, partial custody or visitation rights with respect to the children. WHEREFORE, Plaintiff respectfully requests that, pursuant to g3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order awarding primary physical custody of the children to Plaintiff. Respectfully subrnitted, Date: .?;j~ ! ! Donald T. Kissinger, Esquire HOWETT, KISSINGER & CO , P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Christine M. Hornick "- L~" ...._~ 11_' j-'.'~-~ VERIFICATION I, Christine M. Homick, hereby swear and affirm that the facts contained in the foregoing Complaint in DIvorce are true and correct to the best of my r. t", t' knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. r!hn~ U O)milb c~stine M. Homick Lf\. Date: R/14/00 ~ , " . .. . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v, ) ) ) ) ) ) ) 5~ 1- '8 NO. 2000-~ CIVIL TERM ANDREW M. HOMICK, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Samuel L. Andes, Esquire, accept service of the Complaint in Divorce on behalf of Andrew M. Hornick, Plaintiff in the above-captioned action, and certify that I am authorized to accept service on behalf of Mr. Hornick. Date: 2~ ~~~L2.q:,tJ s&~@fJOQf\ 525 N. 12th Street P.O. Box 168 Lemoyne, PA 17043 Telephone: (717) 761-5361 Counsel for Plaintiff Andrew M. Hornick "",.J.;",,"~- , 'm"i'" .,~-= -,,'~, il .Jo"h17'" ~. <---,- ..J' "'~"~"'"""""""'" ", ,_.. " . ~.~ ~-~ilt~ ',' -'ok'_ . =~_1lfu~~ .. (') 0 0 C -" s: 0 ---< ""'OeD- ,-., ;~-~ :n ~a; " ,,~ _L- N -~iTl ZC;:' <7> :;tty ~2:: '-~c' ~o :1> -"-n ----'1 Pc' ::Jt 90 z, S' cyr. >2 z &:" ~ =< (]'I -< . - .~~ -~-""Iill ~ . ." ~ ,I ," ~ . - - k~, ~ ~ -. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANJA CHRISTINE M. ROMICK, Plaintiff v, ) ) ) ) ) ) ) NO. 2000-5678 CIVIL TERM ANDREW M. ROMICK, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under 93301(c) of the Divorce Code was filed on August 16,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. 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! 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: I}. i l<6(O ( 'cf6 Christine M. Romick, Plainti ~~~IIit\IllIi1&!liIr-<' ~" ~ ,~~ "~~> ~ <,' ~1I:loei~~o'~" - _ M __ "_ . "[' "",. "",,~ -. . '" ": I I I i I i (") 0 0 C -1'1 s: CI -~ -om ", :~F~ mr;' n Z::o N V5k cr. }~'TI ~' ~~ =<:0 ""'" ~(") :Jl: -0 9 )>c 'J ~ ;:;:- 5:!. :0 -.l -< " ~ > , _ _1 CHRISTINE M. HOMICK, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF Cm1BERLAND ) COUNTY, PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 2000-5678 CIVIL TERM ANDREW M. HOMICK, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 16 August 2000and was served upon the Defendant on or abouL23 August 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 20 December 2001 DATE AN6-R~~~CJ II ~~ ~1iI_IJ:.. "C,',"'"' ;,',,-~f'"".~ ,,~ <d.~'";,~"~~ ._ . ~8. ~,j, ." ." ~,,-~""""""'-. ",-.- "..-.'.,--- . ",.; ".""'~-, < ",,>> <.<>,> .", .~" ." , ...,,~ - " ,,~ III!' , "" 8 <:::) 0 " ;;;: 0 '-l "0 OJ r.'1 i--'{'ir~ f11m n Z:JJ !'\.) -r-:{Tl :;;;5; =67 0; ""'" -< ..L \ceo :;::;0 "'" ~:g' ~o :3;: ~.o :f"O S' r:::)fT1 >c:: ',- ~ l'"' ~ :;0 --J -< '.,.' "'\! 'i1 'I II I I I 'I 'I i ""', , -~: f -v II- . - ~ CHRISTINE M. HOMICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUl1BERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000-5678 CIVIL TERM ANDREW M. HOMICK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301lcl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. ! verify that the statements made in this Affidavit 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 falsification to authorities. 20 December 2001- Dated: A~C.J ANDREW M. HOMICK b II ~d....,",,"' - -;. -~ ~- -."- ,- 4if ,,=<,,"",- ~ ~-; lii:limL-.5"'~==' ".,.~ ~ - . -, '-, '" " ."-'< .''',,", .. .._ l' filiil ,i 1 i I ! i I I' I' 1 .~ II II ,I Ii , ! I I C) 0 0 c: " s::: (::) ...., "Ow I'T1 -,- EPm " r-ii;!:! :L' Ze- N -,"iT) Wi!. 0'"1 '<:ij=' -< - 0(, ~C "'" :.-;1-r; )0> ::;;; ;:.~" ZO ~a >3 is -"'rn 0 Z ;::- ~ =<! .... -< ~~~~ ~;t~M!t- , il , , . , ~.. IN THE COURT OF COMMON PLEAS OF CUMBERLANDCODNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- 5/,7 Y CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANDREW M. HOMICK, Defendant OUALIFIED MEDICAL CHILD SUPPORT ORDER 1. The parties to this action are husband and wife, having been lawfully married on April 12, 1991. 2. During marriage, the parties lived together with their three children, Jessica H. Homick, Natalia C. Homick, and Shane M. A. Homick, and Defendant's step-daughter, Brianna Brooks. 3. Defendant is currently employed with Tyco Electronics and, through his employment, is provided health insurance that covers both Plaintiff and Defendant and the four children identified above. 4. As a result of the divorce proceedings, the parties have separated and no longer reside together in the marital residence. 5. Under Defendant's health insurance plan with Tyco Electronics, Defendant's health insurance coverage will terminate as to Defendant's step-daughter, Brianna Brooks, now that she and Defendant are no longer members of the same household, though coverage will continue as to Plaintiff and the remaining children. '" - ..h_ -^' ii.~ , . 6. The court hereby directs that Defendant shall continue to provide health insurance coverage as to Brianna Brooks during the pendency ofthis divorce action, to be provided through his employer Tyco Electronics. 7. Plaintiff agrees to be responsible for any and all health care costs pertaining to Brianna Brooks that are not covered by Defendant's health insurance with Tyco Electronics. 8. Plaintiff agrees to pay any and all additional fees or costs imposed by Tyco Electronics or the insurance company for providing insurance to Brianna Brooks pursuant to this Order and will reimburse Defendant for any costs paid by him upon receipt of proper documentation. A certified copy of this order shall be served upon Tyco Electronics. Executed this IJ~ dayof fII'q- ,2001. " ~ ... /- . . ~...,~~~,-. ~n1llll!li1.:M!m_' '. ~li~-~ -, ~ - -'jji~~ ~'!2l:JJ1lilllJ- 6 ' \I\NIJ tiliSNN3d ALNilC{) n"",'-1\r~ci'Nc\Q ~ \ 7\'" V :t../ ),/-j . , ~ '.01 \ \ T' 'I-'~ \ t -'..i " \!, \ I' ~ ~"' ^".." , ~-~ - -" 'lll.i,'-:&lII ru~~..Iir-"'. " -- ",- , rill""""'''''' ~ " " ~ r ~ frl~~ ~,- '-I J ---.~ i ' ~~ "'~. -~~~ --. ~ Jltj:( iI!1:l<lll~~" . , , < .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE M. HOMICK, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- ~?~ CIVIL TERM ANDREW M. HOMICK, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATI0N FOR ENTRY OF OUALIFIED MEDICAL CHILD SUPPORT ORDER This stipulation is entered into this 30 day of ~ 2001, by and between Plaintiff, Christine M. Hornick, and Defendant, Andrew M. Hornick; WITNESSETH: WHEREAS, the Plaintiff in the above-captioned matter is Christine M. Hornick (hereinafter "Wife"); WHEREAS, the Defendant in the above-captioned matter is Andrew M. Hornick (hereinafter ''Husband''); WHEREAS, the parties hereto are husband and wife, having been lawfully married on April 12, 1991; WHEREAS, Wife has initiated a divorce action in the Court of Common Pleas of Cumberland County; WHEREAS, the parties no longer reside together in the marital residence; WHEREAS, during marriage Husband provided Wife and their three children, Jessica H. Hornick, Natalia C. Hornick and Shane M.A. Hornick, and Husband's step-daughter, Brianna Brooks, with health insurance through his employment with Tyco Electronics; .. .. WHEREAS, under Husband's health insurance plan with Tyco Electronics, health insurance coverage will terminate as to the step-daughter, Brianna Brooks, on account Husband and his step-daughter no longer reside in the same residence, though coverage will continue as to Wife and his biological children; WHEREAS, Husband's health insurance plan with Tyco Electronics will continue to cover Brianna Brooks provided the court enters a Qualified Medical ChildSupport Order; NOW, THEREFORE, in consideration of these premises and of the mutual promises, covenants and undertakings set forth herein, and intending to be legally bound hereby, husband and wife stipulate and agree as follows: 1. The parties shall submit to the Court of Common Pleas of Cumberland County, a Qualified Medical Child Support Order requiring Husband to maintain health insurance coverage as to his step-daughter, Brianna Brooks, during the pendency of the instant divorce action. 2. Wife agrees to be responsible for any and all health care costs pertaining to Brianna Brooks that are not covered by Husband's health insurance with Tyco Electronics. 3. Wife agrees to be responsible for any and all additional fees or costs imposed by Tyco Electronics or the insurance company for providing insurance to Brianna Brooks pursuant to the Qualified Medical Child Support Order and will reimburse Husband for any costs he may pay personally incur upon receipt of proper documentation. 4. Wife hereby acknowledges that Husband has no financial obligation to contribute whatsoever to Brianna's support. - --...., ."""'""--.~ "~ ~ ihliiIIbi!_"Mid' .. '. " . IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day ~--~ SS Andrew M. Homick ,._ ""M_ , illiI8i; ~< 0-0 -5147 g ~ ,;....... PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ay of -Nt)'" ,2001, is by and between: ANDREW M. HOMICK, of 17 Chestnut Street, Camp Hill, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and CHRISTINE M. HOMICK, of31O Belaire Drive, Shiremanstown, Pennsylvania, party ofthe second part, hereinafter referred to as "Wife." WITNESSETlI: WHEREAS, the parties hereto are husband and wife, having been married on 12 April 1991 and are the parents of the three rninorchildren: Jessica H. Hornick, born 27 September 1991, Natalia C. Hornick, born 25 June 1993, and Shane M.A. Hornick, born I July 1998 (hereinafter referred to as "children"). In addition, Wife's daughter by a prior marriage, Brianna J.M. Brooks, born 12 September 1985, lived with the parents during their marriage; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2000-5678 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Donald T. Kissinger, Esquire, and Husband by Samuel 1. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and ,"- " ,"",""" - <', --'ifi: WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for the other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CUSTODY OF CHILDREN. The parties shall share legal custody of their minor children and shall arrange the physical custody of the children as they shall mutually agree, from time to tome, hereafter. This agreement makes no further disposition of the custody of the children and each of the parties is free to seek an order of custody for the children from a court of appropriate jurisdiction if they choose to do so. 2. FAMILY SUPPORT. For the term set forth in sub-paragraph E hereof, Husband shall pay to Wife, for the support of Wife and the parties' minor children, and in full satisfaction of his obligation to contribute to the financial support of Wife and the children hereafter, unallocated family support, as follows: ffirtfk. A. Commencing 1 I~~x. 2001 and continuing until the end of2001, Husband shall make cash payments to Wife in the amount of Two Thousand Eight Hundred Dollars ($2,800) per month. The payments shall be made in equal bi-weekly amounts within five (5) days ofthe day Husband is paid by his employer and shall be paid directly to Wife. 2 .~ ~^ ~, -, ",,-~''-'' v , ., B. Commencing 1 January 2002 and continuing for the term of this provision, as set forth in sub-pllfagraph E hereof, Husband shall make cash payments to Wife in the amount of Three Thousand ($3,000.00) Dollllfs per month. The payments shall be made in equal bi- weekly amounts within five (5) days of the day Husband is paid by his employer and shall be paid directly to Wife. C. In addition to the cash payments above, and for the term of this family support provision in accordance with sub-pllfagraph E, Husband shall pay the pllfochial school tuition provided that the children continue to attend the pllfochial schools in which they llfe now enrolled or another pllfochial school selected by the mutual consent of the parties. Husband shall make such payments directly to the SGhool. D. For the term of the family support provision of this agreement, as determined by sub-pllfagraph E, Husband shall pay 75 percent of all medical expenses incurred for the children not reimbursed by health insurance, to the extent that the unreimbursed medical expenses exceed $250.00 per child per yellf. E. Husband shall make the family support payments provided in the preceding sub-paragraphs until the first of the following events occur: (1) Wife's death, remarriage, or cohabitation with another adult not her spouse, in which event Husband's obligation to make the family support payment hereunder shall terminate absolutely and Husband shall have no further obligation to pay alimony, spousal support, alimony pendente lite, or any other financial support payment to Wife, for Wife's support, after such event occurs; or (2) Until 30 September 2005; or 3 ,-Ie <", ,~ ;,- .- , -",'-' , -. lrl~ (3) The parties' minor children no longer reside in Wife's primary physical custody but reside primarily in another household. When Husband's obligation to make family support payments in accordance with this paragraph terminates for any of the reasons outlined above, Husband shall have no further responsibility to contribute to the support of the children, the parties shall attempt to negotiate an amount of child support by agreement and, if they cannot reach agreement, either party may request a court of proper jurisdiction to set an amount of child support for Husband to pay under the law of Pennsylvania then in effect and, in the event that a court enters such an order, that order shall supplant and replace entirely the support provisions of this agreement and shall determine the support rights and obligations of the parties in the future. F. The amount of the cash payment ofunallocated family support provided in sub-paragraphs A & B hereof shall be subject to modification only if Husband loses his present employment or job assignment through no fault or misconduct of his own, and as a result, suffers a significant loss or reduction in income. Otherwise, the amount of the unallocated family support as provided in this paragraph shall not be subject to modification by any court or tribunal at any time in the future and may only be modified by the mutual written consent of Husband and Wife. If Husband is entitled to a modification of the support because of a loss of his employment or job assignment, the parties shall attempt to negotiate an amount of child support by agreement and, if they cannot reach agreement, either party may request a court of proper jurisdiction to set an amount of child support for Husband to pay under the law of Pennsylvania then in effect and, in the event that a court enters such an order, that order shall supplant and replace entirely the support provisions of this agreement and shall determine the support rights 4 <"=- " ~- -, -",' .,i.,.~~J., . .~-~"~ and obligations of the parties in the future. G. Effective 1 January 2001, the cash payments made by Husband to Wife pursuant to sub-paragraphs A & B hereof ($2,800 per month for 2001 and $3,000 per month for 1 January 2002 unti130 September 2005) shall be deemed and treated by both parties as alimony for tax purposes. Wife shall report such payments as income, and Husband shall deduct such payments as alimony, for purposes of income taxation. 3. PERSONAL EXEMPTIONS OF THE CHILDREN. Wife shall be entitled to claim the personal exemptions of the parties' three minor children so long as Husband is making the unallocated family support payments as provided in the preceding paragraph. Husband shall be entitled to claim the personal exemption of Brianna Brooks so long as he continues to provide medical insurance for her through his current employer, Tyco, Inc. In the event that Husband cannot, for any reason, claim the personal exemption of Brianna Brooks, he shall not be required to provide health insurance for her. Wife shall be responsible to prepare and sign any document necessary to confirm Husband's right to claim Brianna's tax exemption and to obtain the execution of such form by the child's father. 4. HEALTH INSURANCE FOR WIFE. As long as the parties remain married, Wife shall continue on the insurance coverage provided by Husband's employer, so long as she is otherwise eligible for such coverage. After the divorce of the parties, Husband shall have no further obligation to provide medical insurance coverage for Wife. From and after the date of this agreement, Husband shall not be responsible to pay any portion of Wife's medical expenses which are not covered or reimbursed by the insurance coverage provided for Wife and Wife shall be responsible to pay all unreimbursed medical expenses she incurs for herself. 5 . ., ,~""~" " '~ll, 5. LIFE INSURANCE ON HUSBAND. Wife shall have the right to obtain, at her sole expense, a policy of insurance on Husband's life paying a death benefit of $250,000,00. Wife shaH be solely responsible to arrange, maintain, and control such policy and the selection of its beneficiaries. Husband's only responsibility with regard to such insurance shall be to cooperate so that Wife can acquire such insurance within six months after the date of this agreement. Wife shaH have the right to maintain such insurance, however, only so long as Husband is obligated to pay unallocated family support pursuant to the terms of Paragraph 2 of this agreement and, when Husband's obligation to make such payments ends, for any reason, Wife shall cancel the insurance on Husband's life obtained pursuant to this paragraph and shall supply verification to Husband that the insurance has been terminated. 6. MARITAL RESIDENCE. Husband covenants and agrees to convey to Wife, as her sole and separate property, the real estate presently owned by the parties hereto as tenants by the entireties and being known as 310 Belaire Drive, Shiremanstown, Pennsylvania, subject, however, to aHliens, encumbrances, easements, and restrictions presently existing thereon. In furtherance of this Agreement, Husband represents that he has, as of the date ofthis Agreement, executed, acknowledged, and delivered to his attorney, a deed to said real estate, conveying the same as above described to Wife, and agrees that said deed shaH be held in escrow by his attorney pending the filing by both parties of the consents and other documents necessary to conclude the divorce action between the parties, at which time Husband's attorney shaH, without further direction or authorization from Husband, deliver the said deed unto Wife's attorney or such other person as Wife may designate, so that the deed can be recorded at or shortly before the time of entry of a fmal decree in divorce. 6 ." ~;... -~- ,. - , ~~ 7. REAL ESTATE INDEMNIFICATION. Wife shall, from and after the date of this agreement, be solely responsible to pay and satisfy, in accordance with its terms, the mortgage against the residence currently owed to Waypoint Bank, the home equity loan secured by the property currently owed to Waypont Bank, and any other lien, charge, or assessment against the property or arising out of its use, occupancy, or ownership, specifically including any and all utility charges. Further, Wife shall indemnify and save Husband harmless from any loss, cost, or expense caused to him, including reasonable attorney's fees and expenses, resulting from her failure to pay and satisfy such debts, expenses, or obligations in strict accordance with their terms. 8. HUSBAND'S RETIREMENT ACCOUNTS. As a result of his employment by various employers during the marriage, Husband has become the owner of a 401 (K) plan with Tyco, and a rollover IRA containing the proceeds of a 401(K) plan with the Tech Group, and other retirement and tax-deferred assets. Wife, being aware of such assets or having had the opportunity to obtain information about them, hereby waives, releases, and relinquishes any and all claim to or interest in such assets and confirms them to be the sole and separate property of Husband, free of any further claim by him. In consideration of such waiver, Husband agrees that he shall designate the parties' three minor children as the sole beneficiaries of such retirement accounts and assets and shall maintain the three children as the sole and exclusive beneficiaries of such accounts until the youngest of the children attains the age of twenty-five (25) years. 9. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: 7 . , 0.," 'i-4_-":~'_' .~ "'- A. His interest in the business he called "Custom Mold Design" and the computers, office equipment, and bank account which he used in the operation of that business. B. Husband's bass boat with outboard jet motor and trailer. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date ofthis agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. 10. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Wife's IRA withAARP. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 11. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly 8 -' -'-'-ilJlli-.- .~~ or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 12. MOTOR VEHICLES. The parties agree that Husband recently traded in the 1994 Jeep Grand Cherokee acquired by them during the marriage and with the proceeds of that trade, paid in full the balance owed Wife's mother, Delores Robb, on the loan that Wife's mother made to the parties to finance the purchase of said vehicle. The parties further acknowledge that both of them signed the title and all ofthe documents necessary to compute such trade and Wife waives any further claim to or interest in the said 1994 Jeep Grand Cherokee motor vehicle or the proceeds of its trade or other disposition. The parties agree that Wife shall become the owner of the 1996 Chevrolet Suburban, If such vehicle is titled in joint names, Husband shall make, execute, acknowledge and deliver any and all documents necessary to transfer the title to Wife. Husband does hereby waive, release, and relinquish any and all claim to or interest in said motor vehicle. Wife has refmanced the debt owed to the West Shore Teachers Federal Credit Union, in the approximate amount of $14,000.00, which formerly encumbered the title to the vehicle and has, thereby, obtained Husband's unconditional release from that debt. 13. DEBTS. Wife shall pay the debt owed to her mother which was created at the time of the parties' purchase of real estate in Arizona on which the parties owned an original principal balance ofTen Thousand Dollars ($10,000.00) and shall indemnify and save Husband hannless from any loss, cost, or expense, including reasonable attorney's fees, caused by her 9 . , ,;' failure to pay and satisfY such debt in accordance with its terms. Otherwise, the parties hereto mutually represent to the other than neither one of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each ofthe parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 14. WAIVER OF FURTHER EOUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and .ample opportunity to consult with counsel of their choice regarding their claims arising out ofthe marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware ofthose rights, and being aware of the marital property owned by each ofthe parties, the parties hereto, in consideration ofthe other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable 10 , ..~ -'" '_",:0...." "-M'-'" iltJ-, distribution ofthe same. 15. WAIVER OF FURTHER ALIMONY. SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 16. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights 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 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 of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be 11 ~ ,"^ . -, ' -"~ ~-f done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 17. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable distribution of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 18. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any fmancial information from the other. Each ofthe parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and 12 " ~ ",-, -~ voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising out of their marital status or the divorce action now pending or to be filed between them. 19. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they sha1l, contemporaneously with their execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. The parties agree that they shall cause their attorneys to file the necessary documents to conclude the divorce action as promptly as possible after their execution ofthis agreement. 13 ~, < '~- -,"-,-,,',.;, ~';.!:i.~;: 20. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 21. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either ofthe parties from the obligations they expressly make this agreement, which shall survive the date of this agreement until such obligations are fully performed. 14 "",",", ~ ,~ ' '. .~, ~'.. ; -_o~ _" -, .....~"""h~Il~It' 22. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the law of, and by the courts, the Commonwealth of Pennsylvania. 23. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 24. NON-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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst above written. ~~~ A~Q ANDREW M. ROMICK ~sf~ or CHRISTINE M. ROMICK 15 " COMMONWEALTR OF PENNSYLVANIA COUNTY OF r....LLnU~aM -',. - - ~ " . ',- - "-, '. -' '.'L: ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared ANDREW M. ROMICK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 271'hday of JIM'" A11luA ,2001. !'t i1A I 'vrn.~ ~lic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: ffmll m HarK'Ins My commission expires: /-3/,1J5 NOTARIAL SEAL AMY M. HARKINS, NOTARY PUBlIC lEMOVNE 8ORO.. CUMBERLAND COUNlT MY COMMISSION EXPIRES JAN. 31, 2005 16 .--' . ~" . . U"O, COMMONWEALTR OF PENNSYLVANIA COUNTY OF -'D V' fL. : I.-, ) ) ) BEFORE ME, the undersigned authority, on this day personally appeared CHRISTINE M. ROMICK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J71L day of _~ o \ilew.. L.rv ,2001. My commission expires: 17 ~~~~~iMh'J.HM.mil~~~.,ilfi":~~' ., ~ ""-",~, ,=,-, i.~ -~, ~,-~ ~H_,"',,"P. 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