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HomeMy WebLinkAbout99-03999 IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. i i i r i P F r; PATRICIA M. HOWARD, V',asus CECIL T. HOWARD, Plaintiff Defendant 99-3999 CIVIL TERM IN DIVORCE DECREE IN D 7 I VORCEq AND NOW, ..V". Cr??...2-... , 19a, `. , it is ordered and decreed that . . . . . . . . . . . . PATRI. . CI. A . . M . . HO. ... . . . WARD plaintiff, and .....................CECIL T. HOWARD..................... 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; UoAe- o None. The terms of the Marital Settlement Agreement dated July 12, 1999 are incorporated but not merged into this Decree in Divorce. ...... ..... ........................................... 1 ........... t I ny the court. Prothonotary 1 •:?: ;?• cr• •;e;•:?: :e; :e; u; ;e:;e:c?:<?> ;e; te; <e;:e::e: •:e; •:e:;e: <?::?:• jw &,10" el?? ,*?Zyfv ;.7; a4l -,rlv "?z,? 13? e?? W 1. MARITAL SETTLEMENT AGREEMENT THIS Agreement made this i f'? day of _ 0 , 1999, by and between PATRICIA M. HOWARD, of 205 Briarwood Lane, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as WIFE, and CECIL T. HOWARD, of 1335 Asper Drive, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, WHEREAS, the parties hereto are husband and wife, having been -joindd in marriage on March 11, 1972, in Glenshaw, Pennsylvania; and WHEREAS, 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, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and in general, the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, in consideration of these considerations, and the mutual promises and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: howard msa June 25, 1999 r' 1. Advice of Counsel: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. WIFE is represented by Carol J. Lindsay, Esquire, and HUSBAND has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge as each has sought from counsel, 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 improper or illegal agreement or agreements. 1 2. Divorce: Either of the parties at any time may file a Complaint in Divorce. In the event that one party wishes to proceed to divorce, the other will cooperate by executing Affidavits of Consent and Waivers of Notice pursuant to Section 3301(c) of the Divorce Code, consenting to the entry of a Decree in Divorce. Such Affidavits and Waivers shall be signed as soon as permitted by law and at the request of either party. Nothing in this paragraph compels either of the parties to file a Complaint in Divorce or to request the other to proceed to divorce. 3. Marital Property: The parties hereto acknowledge that in the course of their marriage they have acquired certain property, both personal and real. A list of said property is attached hereto as Exhibit "A". The parties acknowledge that each has had the opportunity to make such inquiry of the other as he or she might wish and to obtain the advice of counsel or accountants in valuing said property. The parties acknowledge that they have obtained all information which they have requested from the other, and they are satisfied that the division of assets set out herein is fair and equitable under the circumstances, and is satisfactory to each. 2 howard msa June 25, 1999 4. Personal Property: With the exception of those items set out on Exhibit "B" attached hereto and incorporated herein, the parties acknowledge that they have equitably and satisfactorily divided all of their personal property, and that all personal property shall be the sole and individual property of the party in whose possession it is as of the date of this agreement. NOTWITHSTANDING the above, WIFE shall safely store those items as set out on Exhibit "B" at HUSBAND's request for up to a period of three years from the date of this Agreement. WIFE will retain the 1990 Saab and the 1990 Lumina. Within ten days of the date of this Agreement, HUSBAND will execute any and all documents necessary to transfer said vehicles into WIFE's name only. Thereafter, WIFE will be solely responsible for any of the costs thereon, including repairs and automobile insurance. HUSBAND will retain the 1990 Chevrolet Pickup, and the 1988 Boat. Within ten days of the date of this Agreement, WIFE will transfer to HUSBAND all her right, title and interest in said vehicles. Thereafter, HUSBAND will be solely responsible for any of the costs associated with the vehicles, including repairs and vehicle insurance. The parties will each retain their own employment benefits, including all 401-K Plans, Thrift Savings Plans, Pension Plans, or other retirement benefits. HUSBAND will retain his Pioneer IRA, and WIFE will retain her American Funds IRA. WIFE will retain the Walt Disney Stock. Within ten days of the date of this Agreement, or as soon thereafter as requested by WIFE, HUSBAND will execute any documents required to transfer the Walt Disney Stock into WIFE's name alone. 3 howard msa June 25, 1999 HUSBAND will retain the Cobblestone Development Project interest. Within ten days of the date of this Agreement, or as requested by HUSBAND, WIFE will execute any and all documents required to transfer her interest in the Cobblestone investment to HUSBAND. HUSBAND will retain the shares of Orrstown Bank Stock. Within 10 days of the date of this Agreement, WIFE will execute any and all documents presented to her by HUSBAND and required by Orrstown Bank to transfer all her right, title and interest in the Orrstown Bank stock to HUSBAND. The parties shall be solely and exclusively responsible for any expense attributable to the ownership or maintenance of the personal property divided herein, and shall indemnify and hold the other harmless on account of any claim for such expenses. 5. Real Property: The parties are owners of a home at 205 Briarwood Lane, Carlisle, Cumberland County, Pennsylvania. Within ten days of the date of this Agreement, HUSBAND will transfer to WIFE all his right, title and interest in the marital home. WIFE shall pay the first mortgage to Members First, the taxes and real estate insurance on said property. HUSBAND shall make the payments on the home equity loan at Members First, Loan No. 59389, as set out in Paragraph 8 below. On the same day as the date of this Agreement, HUSBAND will execute a Special Warranty Deed transferring the marital home to WIFE. 6. Alimony: The parties waive any claim that they may have one against the other for alimony, alimony pendente lite or spousal support. The parties acknowledge that each has sufficient assets with which to maintain themselves after divorce. 7. Marital Debt: The parties have, in their own names, certain credit card accounts which may include some marital debt. Each party will be responsible for the debt on the credit card 4 howard msa June 25, 1999 accounts in his or her name. Each party warrants that he or she has incurred no debt except for the mortgage and second mortgage for which the other may be liable, and will incur no debt into the future, and each indemnifies and hold the other harmless for any debt so incurred. 8. Educational Support: The parties are parents of two children, Daniel Howard and Lynne Howard, both of whom are currently pursuing post-secondary educations. The parties will cooperate in the financing of the children's education by accepting the financial aid packages provided to them by Middlebury College for Lynne, co-signing on any Stafford or Perkins loans required to implement Lynne's financial aid package, and using the home equity loan to pay the balance of the tuition, room and board fees at Middlebury. HUSBAND will pay to,WIFE $850.00 bi- weekly commencing the first of the month following the date of this Agreement. WIFE will apply the payment to Lynne's tuition, the home equity loan, or to the Stafford or Perkins loans co-signed by the parties on behalf of Lynne. Provided, however, that $30,000.00 of the home equity loan shall be the sole and exclusive obligation of WIFE, and HUSBAND shall have no obligation to pay any portion of that amount. HUSBAND's monthly payments shall cease when the Stafford and Perkins loans are paid in full, Lynne's tuition is completed and the home equity loan on the marital home is reduced to $30,000.00. WIFE shall be solely and separately responsible for all other costs reasonably incurred by Lynne while she is pursuing her degree at Middlebury. WIFE will also pay the incidental costs, not to include tuition, room and board, for Daniel as he pursues his graduate degree at the New Mexico State University. 9. Exchange of Information: The parties have requested from each other and received any information regarding their assets, liabilities, income and expenses which the party requires 5 howard msa June 25, 1999 prior to entering into the terms of this Agreement. The parties acknowledge that the terms of this Agreement are fair and equitable and constitute an equitable distribution of marital property and debt, taking into account all of the relevant factors set out in Section 3502 of the Divorce Code, 23 Pa. C.S.§3502 including the length of the marriage; any prior marriage of the parties; the age, health, station, amounts and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by each party to the education, training or increased earning power of the other; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in, the acquisition, preservation, depreciation, or appreciate of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties during the marriage; the economic circumstances of each party including federal, state and local tax ramifications at the time of the division of the property, and whether the party will be serving as I custodian of any dependent minor children. I 10. Modification: No modification, rescission, or amendment of this agreement shall be effective unless in writing signed by each of the parties hereto. 11. Applicable Law: All acts contemplated by this agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 12. Agreement Binding on Parties and Heirs: This agreement, except as otherwise expressly provided herein, shall bind the parties hereto, and their respective heirs, executors, administrators, legal representatives, assigns and successors in any interest of the parties. 6 howard msa June 25, 1999 13. Agreement Not to be Merged: This agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 14. Documents: The parties hereto agree that they will execute and deliver one to the other any documents necessary to give effect to the terms of this Agreement. 15. Full and Final Settlement: WIFE and HUSBAND each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interests or claims in or against the property (including income and gain from property hereafter accruing, of the other) or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widows' or widowers' 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 other State, or any other Country, or any rights which either spouse may have, or at any time hereafter have, for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital 7 howard msa June 25, 1999 relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any term thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement, or for the breach of any term thereof, subject, however, to the implementation and satisfaction of the condition precedent as set forth herein above. 16. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year ! first above written. Witness: C-? --? L (Seal) Patricia M. Howard ?j -(Seal) Cecil T. Howard 8 EXHIBIT "A" 1. Marital Home at 205 Briarwood Lane, Carlisle, Pennsylvania 2. 1990 Saab 3. 1990 Lumina 4. 1990 Truck 5. 1988 Boat 6. Husband's American Funds IRA 7. Wife's Pioneer Funds IRA 8. Wife's Pennsylvania State Retirement System Pension 9. Husband's U.S. Army Thrifty Plan 10. Husband's Army Pension 11. Wife's Army Retirement Plan 12. The parties life insurance policies 13. Cobblestone Property investment 14. Walt Disney stock 15. Orrstown Bank stock - approximately 1,282 shares 16. Various household furnishings and tangible personal property The following items are currently located at 205 Briarwood Lane, Carlisle, PA and are the property of Cecil T. Howard. All other property in the house is the property of Patricia M. Howard. Rocking Chair with yellow seat Mantle clock that Ted made German Inlaid picture of cabin in the woods German wooden chandelier with Jaeger meister Captain's desk Oak ice box Blue sofa Waterford crystal, set of 12 large goblets, 6 sherry glasses, 4 brandy glasses Bar glasses, 6 tall and 6 short Treadmill Workshop equipment located in basement Sunbird Outboard motor boat and trailer EXHIBIT "B" Y ?' C V_ r- cam: ?. N LA. C F c1 O c, U howard .... praecipe to transmit October 27, 1999 PATRICIA M. HOWARD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CECIL T. HOWARD, To the Prothonotary: Defendant CIVIL ACTION - DIVORCE NO. 99- 3999 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3391(4)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant, Cecil T. Howard, dated July 1, 1999 and filed July 9, 1999. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff October 13, 1999; by the Defendant October 23, 1999. (b) the DiYeFGe Gede: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Carol J. Lin y, Attorney fo Plaintiff C-i - ti C5 Q? c U PATRICIA M. HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- CIVIL TERM CECIL T. HOWARD, Defendant : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 FLOWER, FLOWER & LINDSAY, P.C. Attorneys for li aintiff u < << Date: ID N 44693 11 East Hig eet Carlisle, PA 17013 (717) 243-5513 howard .... complaint in divorce June 25, 1999 PATRICIA M. HOWARD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 99- 3999 CIVIL TERM CECIL T. HOWARD, Defendant IN DIVORCE COMPLAINT IN DIVORCE PATRICIA M. HOWARD, Plaintiff, by her attorneys, FLOWER, FLOWER & LINDSAY, P.C., respectfully represents: 1. The Plaintiff is Patricia M. Howard, who currently resides at 205 Briarwood Lane, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1982. 2. The Defendant is Cecil T. Howard, who currently resides at 1335 Asper Drive, Boiling Springs, Cumberland County, Pennsylvania, where he has resided since November 30, 1997. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 11, 1972, in Glenshaw, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. howard :... complaint in divorce June 25, 1999 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. FLOWER, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: 1 Card . indsay, quire ID "4693 ast High Street Carlisle, PA 17013 (717) 243-5513 Date: lt•LC 7 ?l howard complaint in divorce June 25, 1999 VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Patricia M. Howard Date: Z ?` / 9 `f `J howard .... consent June 25, T999 PATRICIA M. HOWARD, CECIL T. HOWARD, Vs. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- .3999 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter. Ce61tT. Howard Defendant above r Date: I Jr? ?y 6661 Z 0 Mr u Cam: L Q m l howard .... consent June 25, 1999 PATRICIA M. HOWARD, CECIL T. HOWARD, VS. Plaintiff Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 28, 1999. 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Patricia M. Howard, Plaintiff Date: Or'fi3r /f99 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. G ;?-/- V-M.? Patricia M. Howard, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99- 099 9 CIVIL TERM Date: 69 d- / 3r / ? 9'? ok h ? jo0 Y 1 r? - u: yll C` N CJ? C _ ' t7] i _, Cam'.; m LL: - h u _. howard .... consent June 25, 1999 PATRICIA M. HOWARD, CECIL T. HOWARD, VS. Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 99-`7 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 28, 1999. 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. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities/, C cil T. o ard, Defendant Date/--) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. cil T. Ho ard, Defendant Date: %?/i S 9 g 666L 9 Z 130 r M >- j Lr r <' Cti i 1 G U u? U