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HomeMy WebLinkAbout10-1460JENNIFER L. HITCHCOCK, Plaintiff/Petitioner V. ADAM J. HITCHCOCK, Defendant/Respondent c a Q PETITION FOR ENFORCEMENT AND CONTEMPT O SEPARATION AGREEMENT, AND NOW, comes Petitioner, Jennifer L. Hitchcock, Plaintiff in the abo capon 4 matter, by and through her counsel, Hannah Herman-Snyder, Esquire, and the law firm of Griffie & Associates, and avers as follows: Petitioner is the above-named Plaintiff, Jennifer L. Hitchcock, hereinafter referred to as "Wife," an adult individual currently residing at 19 Fairview Road, Newville, Cumberland County, Pennsylvania. 2. Respondent is the above-named Defendant, Adam J. Hitchcock, hereinafter referred to as "Husband," an adult individual currently residing at 125 Long Road, Apartment 2, Newville, Cumberland County, Pennsylvania. 3. The parties entered into a Separation Agreement on September 27, 2007, a copy of which is attached hereto and incorporated herein as Exhibit "A." 4. The parties' divorce was finalized on December 26, 2007 pursuant to a Decree in Cameron County, Pennsylvania, a copy of which is attached hereto and incorporated herein as Exhibit "B." Ud */1 11,11111"07 ar - 'O7I,&- IN THE COURT OF COMMON PLEAS OF IN CUMBERLAND COUNTY, PENNSYLVANIA NO. !G - /q4--d CIVIL TERM CIVIL ACTION -LAW 0A0 239A 3,5- 5. The parties are and have been at all times relevant to their divorce proceedings been residents of Cumberland County. 6. Pursuant to paragraph six (6) of the Separation Agreement, Personal Property, Husband was to "transfer the Chase credit card balances to his name and assume payment of the credit card." 7. Husband never transferred the Chase credit card balance to his name and the balance, which was approximately $14,000.00, upon the date of separation is currently approximately $20,500.00, with Husband making regular and timely payment on said debt until August of 2009. 8. On or about October of 2009, Husband informed Wife that he was no longer going to pay this debt, and, in fact, intended to file for bankruptcy, and he has made only minimal payments since that time. 9. It is believed and therefore averred that Husband can afford to continue to pay this debt as there was no substantial change in his financial situation on or about October of 2009, or at any time thereafter, such that no undue hardship was/is created by the requirement to pay said debt. 10. It is believed and therefore averred that Husband, at the time of the divorce and continuing to the present day, makes approximately $50,000.00 a year. 11. Since October 2009, Husband makes minimal payments, $25.00 a month, on the Chase credit card debt, and has not refinanced said debt into his name alone such that Wife's credit score has decreased from 765 to 632. 12. Pursuant to paragraph six (6) of the Separation Agreement, Personal Property, Husband was also to "pay the home equity loan (current balance of $26,000.00) to Orrstown Bank." 13. Husband paid the home equity loan only until Wife refinanced the marital mortgage into her name alone on January 26, 2009, with the home equity loan was also refinanced such that Wife is paying it, although she did transfer a balance of $7,500.00 to the Chase credit card debt in question. 14. Pursuant to paragraph ten (10) of the Separation Agreement, Default, "If either party fails in due performance of his or her obligations hereunder, the other party shall have the right at his or her election to sue for damages for a breach of this Agreement, or to rescind the same and seek such legal remedies as may be available to him or her and the party who is successful in such suit shall have the right to request an award of reasonable attorney's fees. Nothing herein contained shall be construed to restrict or impair either party's right to exercise its election." 15. There has been on Judge involved yet in this matter. 16. Rachelle J. Armbruster, Esquire, counsel for Husband, has been notified of the filing of this Petition. WHEREFORE, Petitioner requests that Respondent, Adam J. Hitchcock, be held in contempt of Court and the appropriate sanctions to be imposed; that she be awarded reasonable attorney's fees; that Husband be held responsible for the principle and interest owed on what would have been the home equity loan; that Husband be held responsible for the balance of the debt on the Chase card in question; and specific enforcement of the requirement that Husband refinance the Chase care in question into his name. 3 - a- -4o to Date Respectfully submitted, Hannah Herman-Snyder, E uire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: ? - t - Wb l y =tif?oner 7IFER L. TCHCOCK, Pt i JENNIFER L. HITCHCOCK, Plaintiff/Petitioner V. ADAM J. HITCHCOCK, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the Q^' day of March, 2010, cause a copy of Petitioner's Petition for Enforcement and Contempt of a Separation Agreement to be served upon Defendant/Respondent by serving his attorney of record by first- class mail, postage prepaid and facsimile at the following address: Rachelle J. Armbruster, Esquire Oesterling & Armbruster P.O. Box 331 Mechanicsburg, PA 17055 DATE: 3 - ?! - ?-l 0 1 n % .....1. Hannah Herman-Snyder, Es uire Attorney for Plaintiff/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 F _ 2010h R 15 ' 62` 13 CUV JENNIFER L. HITCHCOCK, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ADAM J. HITCHCOCK, Defendant/Respondent NO. 1U - l ?/l6U CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND RULE TO SHOW CAUSE 04 ay of 2010, upon presentation and AND NOW this d consideration of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that a Rule be issued upon the Defendant/Respondent, Adam J. Hitchcock, to show cause, if any he has, as to why he should not be found in contempt for not complying with the terms of the Separation Agreement of September 27, 2007, and why the Court should not impose sanctions upon him as the Court deems appropriate for his failure to comply with the terms of the Separation Agreement of September 27, 2007. Rule returnable by the filing a verified Answer within d l days of service of the within Petition, Order of Court and Rule to Show Cause, upon the Defendant/Respondent by first class mail, postage prepaid, to his counsel. If an Answer is filed, a hearing will be held on , the I day of 44 , 2010, at -30 o'clock 9.m., in Courtroom No. Jr of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Cc: Hannah Herman-Snyder, Esquire Attorney for Plaintiff/Petitioner /?achelle J. Armbruster, Esquire Attorney for Defendant/Respondent 0 1*S S r n*& C SEPARATION AGREEMENT MADE this day of weber, 2007, by and between Adam J. Hitchcock of Mechanicsburg, Pennsylvania, hereinafter referred to as "Husband"; ----------._._-.-. _.aand-Jennifer L:=xMitchcoc-C;-=of--Newville; P-ann--sylvania,hereinafter-roferreo.toaasn-,----.----- "Wife". WHEREAS the parties hereto are Husband and Wife, and WHEREAS the parties intend to live separate and apart and the parties are intending to file for divorce; and WHEREAS, the parties hereto have accumulated certain property throughout their marriage and wish to make a disposition thereof; and WHEREAS, each of the parties herein have been advised by independent legal counsel or have that right to be advised by independent legal counsel as to the nature and effect of a separation agreement and with said advice have determined that the following agreement is fair and reasonable and enter into the same with full knowledge of the extent of the estate of the other and their respective rights. NOW THEREFORE, WITNESSETH, in consideration of the promises and mutual undertakings herein contained, intending to be legally bound hereby, the parties do mutually agree as follows: 1. SEPARATION: The parties may live apart for the rest of their lives. Each shall be free from interference, direct or indirect, by the other as fully as though unmarried. Each may for his or her separate benefit, engage in any employment, business or profession he or she may chose. t 2. MUTUAL ESTATE WAIVER: It is the intention of the parties hereto that fr6m and after the date--of-this- -agfee ent, ne er-s a ave-any-- - spouse's rights in the property or estate of the other, and to that end, both waive, relinquish and forebear their rights of dower or courtesy, rights to inherit, rights to claim or take a husband or wife's or family exemption or allowance, to be vested with letters of administration or testamentary, and to take against any will of the other. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer and/or encumber or hereafter own or possess, real or personal property and further agree that the recording of this agreement shall be conclusive evidence to all of his or her right to do so. And the said Husband and Wife do hereby irrevocably grant, each to the other should the exercise of this power hereby given become necessary, the right and power to appoint one or more times, any person or persons, whom Husband and Wife shall designate, to be the Attorney-in-Fact for the other, in their name -and in their stead, to execute and-acknowledge any deed or deeds, releases, quitclaims or satisfactions, under seal or otherwise, to enable either party to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waive any right of election contained in Chapter 22 of the Pennsylvania Probate, Estates and Fiduciaries Code, or such right in this of any other jurisdiction. 3. DIVORCE: At such time as the parties are ready, Husband and Wife shall complete a divorce and shall each bear all expenses connected therewith. 4. ATTORNEY'S FEES: Both of the parties shall bear their own attorney's fees in this matter, and both and each of the parties waive any claim against the other for any attorney's fees in this matter. 5. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COSTS, AND EXPENSES: Husband shall pay to wife the sum of $400.00 per month as alimony which payment shall continue until August 31, 2012. Husband shall pay the amount of $600.00 per month as support for his daughter Kyra. Wife acknowledges that the alimony payment may be taxable to her. 6. PERSONAL PROPERTY: Husband shall transfer the Chase credit card balances to his name and shall assume payment of the credit card. Husband also agrees to pay the home equity loan (current balance of $26,000.00) to Orrstown Bank. Wife shall pay any and all credit card debt not listed above. 7. PENSION RIGHTS: Each of the parties waive any claims to any pensions that either may have through his or her employment. 8. REAL ESTATE: Husband shall release, remise, convey and quitclaim his interest in that property at 19 Fairview Road, Newville, Cumberland County, Pennsylvania for and in exchange for which Wife shall make payment to husband upon the sale of the property if done within 5 years the amount of one-half of the net proceeds of 5rich sale. Wife further states that she is fully aware of all mortgage debt secured by the home and assumes payment of the same and shall hold husband harmless from any and ,all claims or demands-thereon excepting the borne equity loan,setforxh above. If-tlae property,is:_:not sold within the next five years then ,the entire proceeds, If sold thereafter, shall be -the,property of-.w0ft--- T ? r??iderzntiflr? pis ?gi rennin--as-.Much-:as=Stan Hitchcock now resides in the property and will continue to reside in the property indefinitely unless he chooses to leave. 9. EQUITABLE DISTRIBUTION OF PROPERTY: By this agreement, the parties have intended to effect an equitable distribution of their marital property. The parties have determined that an equitable distribution of such property conforms to a just and right standard with due regard to the rights of Husband and Wife. The distribution of existing marital property is not intended by the parties to constitute, in any way, a sale or exchange of assets, and the distribution is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. 10. DEFAULT: If either party fails in due performance of his or her obligations hereunder, the other party shall have the right, at his or her election, to sue for damages for a breach of this agreement, or to rescind the same and seek such legal remedies as may be available to him or her and the party who is successful in such suit shall have the right to request an award of reasonable attorney's fees. Nothing herein contained shall be construed to restrict or impair either party's rights to exercise this election. 11. APPLICABLE LAW: This agreement shall be governed by the laws of the Commonwealth of Pennsylvania. 12. MODIFICATION AND WAIVER: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both of the parties. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 13. RECONCILIATION: The parties shall only effect a legal 'reconciliation which supersedes this agreement by a signed agreement containing a specific statement that they have reconciled and that this agreement shall be null and void; otherwise, this agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation which action if not consummated by the aforesaid agreement, shall not affect in any way the legal effect of this property and separation agreement or cause any new marital rights or obligations to accrue. 14. ENFORCI ABILIT ,AND CONSIDERATION. This Agreement shall survive arayzptinn for:divorce=and ;decree of divorce and shall forever be binding and :conclusive.on the panties. An independent legal action -rnaq. be;br??t?t??oLLett?e :?t-?rn?s „of-°this:?greernerrt ?y:;either _ _ _ _ Husband or Wife until it shall have been fully satisfied and performed. Consideration for this contract and agreement is to be found in this mutual benefit to be obtained by both parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for the mutual undertakings herein set forth is stipulated, confessed and admitted by the parties intended to be legally bound hereby. 15. WHOLE AGREEMENT: This agreement constitutes the entire understanding of the parties. It supersedes any and all prior agreements between them. There are not representations or warranties other than those expressly herein set forth. AND further the parties hereto covenant and agree that this agreement shall extend to and be binding upon their. heirs, devises, executors, administrators and assigns. AND the parties hereto state that he or she, in the procurement and execution of this agreement, has not been subjected to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Witness: t ???'? ? SEAL ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND ?/ Ctorbe On this`?? day of r, 2007, before me, a notary public, the undersigned-officer; -personally-appeared, Jennifer L. Hitchcock, known to -me, (or satisfaction proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing Agreement to be her act and deed and desired the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my official hand and seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal H. Aniiju rums, Notary Public Shippensburg Boro, Uumi Berland County My Commission Expires May '31, 2010 Notary ?Publ?ic??? My Commission Expires: ACKNOWLEDGEMENT COMMONWEALTH OF PENNSYLVANIA: :SS COUNTY OF CUMBERLAND `? On thi ay of =r, 2007, before me, a notary public, the undersigned officer, personally appeared, Adam J. Hitchcock, known to me, (or satisfaction proven), to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing Agreement to be his act and deed and desired the same to be recorded as such. t IN WITNESS WHEREOF, I hereunto set my official hand and seal, COMMONWEALTH OF PENNSYLVANIA Notarial Seal H.Anthorty Adams, Notary Public Notary Public Shippensburg Boro, t;umberland County My Commission Expires May 31, 2010 My Commission Expires: IN THE COURT OF COMMON PLEAS OF THE 59T" JUDICIAL DISTRICT OF PENNSYLVANIA - CAMERON COUNTY BRANCH Jennifer L. Hitchcock Plaintiff VS. Adam J. Hitchcock ' Defendant No. 2007-2155 Civil Action - Law In Divorce DECREE AND NOW, this V-k day of 2007, it is ordered and decreed that Jennifer L. Hitchcock, Plaintiff and Adam J. Hitchcock, Defendant are divorced from the bonds of matrimony. The Court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. It is further ordered that the Plaintiff shall pay the costs of these proceedings. By the Court, RICHARD A. MASSON /I PRESIDENT JUDGE Attest: Prothonotarly: s TM39 AM CoMgerr COPY "WPZG*M dFCAFr.-ROV;'t! y a a