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HomeMy WebLinkAbout10-3575HOLLY L. HUFF, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY ADAM M. HUFF, : Defendant :NO. 10 - 35'76 0,11v l- rV- 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money 91, property or other rights important to you, including custody or visitation of your chdrer'r,; When the ground for the divorce is indignities or irretrievable breakdown of tli= marriage, you may request marriage counseling. A list of marriage counselors rs-- available in the Office of the Prothonotary at: Office of the Prothonotary T Cumberland County Court House a 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 4 roe. oo P6 AT?--I ctr 5,23 0 94a9os ?? ? Pd,cl, HOLLY L. HUFF, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY ADAM M. HUFF, Defendant :NO. COMPLAINT AND NOW comes the Plaintiff, Holly L. Huff, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Holly L. Huff, is an adult individual residing at 217 Louis Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Adam M. Huff, is an adult individual residing at 603 Mallard Drive, Etters, York County, Pennsylvania 17319. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on February 14, 2004. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Holly L. Huff, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Holly L. Huff, 2 respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR CUSTODY, PARTIAL CUSTODY, AND/OR VISITATION UNDER SECTION 5303 OF THE DIVORCE CODE 15. Plaintiff seeks primary physical custody of the following Child: Name Present Residence Date of Birth Carson J. Huff 217 Louis Lane June 1, 2006 Enola, PA 17025 The Child was not born out of wedlock. 16. The Child is presently in the custody of Plaintiff who resides at 217 Louis Lane, Enola, Cumberland County, Pennsylvania 17025. 17. During the past five years, the Child has resided with the following persons and at the following addresses: Persons Address Dates Plaintiff and Defendant 603 Mallard Drive birth till May 6, 2010 Etters, PA 17319 Plaintiff 217 Louis Lane May 11, 2010 Enola, PA 17025 18. The Mother of the Child is Holly L. Huff, currently residing at 217 Louis Lane, Enola, Cumberland County, Pennsylvania 17025. 19. The Father of the Child is Adam M. Huff, currently residing at 603 Mallard Drive, Etters, York County, Pennsylvania 17319. 20. The relationship of Plaintiff to the Child is that of Mother. Plaintiff currently resides with the following persons: The parties minor Child. 21. The relationship of Defendant to the Child is that of Father. Defendant 3 currently resides with the following persons: Alone. 22. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the Child in this or another court. 23. Plaintiff has no information of a custody proceeding concerning the Child pending in a court of this Commonwealth. 24. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Child or claims to have custody or visitation rights with respect to the Child. 25. The best interest and permanent welfare of the Child will be served by granting the relief requested because Plaintiff has been the primary caretaker of the Child since birth. 26. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child has been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the Child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, pursuant to 23 Pa.C.S.A. §5303, Plaintiff, Holly L. Huff, respectfully requests the Court to grant her primary physical and joint legal custody of the parties' minor Child. DATED: 6-/ -do/01 of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Respectfully submitted, VERIFICATION I, Holly L. Huff, hereby verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 6 -1 -aQlO Holly L. f I~G 0 4 2010 ~--- HOLLY L. HUFF vs. ADAM M. HUFF IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 2010-3575 CIVIL ACTION LAW r,. ~.J -~ +-,. 1.. ~ ~:>. C=am ~, ~_ Lr'. Defendant IN CUSTODY ` - f a-_ _ 'T^~ ORDER OF COURT - X ,~h L --~~ ~av AND NOW, this ~i day of ~ V ~~) ` 2~0, consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: ;_f ,1 7, T I " upon 1. The Mother, Holly L. Huff, and the Father, Adam M. Huff, shall have shared legal custody of Carson J. Huff, born June 1, 2006. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each parry shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Father shall undergo a psychological evaluation to assess whether there are any emotional/psychological conditions which would adversely impact the Father's ability to have custody of the Child. Any costs of the evaluation which are not covered by insurance shall be shared equally between the parties. The Father shall authorize the evaluator to provide copies of the evaluation results to the Mother or her counsel. 3. Until such time as the Father's evaluation is completed, the parties shall have physical custody of the Child in accordance with the following schedule: From July 22 through July 26 before work, the Father shall have custody of the Child. From July 26 through July 28 before work, the Mother shall have custody of the Child. From July 28 through July 29 before work, the Father shall have custody of the Child. From July 29 through August 2 before work, the Mother shall have custody of the Child. From August 2 through August 3 before work, the Father shall have custody of the Child. t From August 3 through August 5 before work, the Mother shall have custody of the Child. From August 5 through August 6 before work, the Father shall have custody of the Child. From August 6 until August 9 before work, the Mother shall have custody of the Child. From August 9 through August 16 before work, the Father shall have custody of the Child. Thereafter, if the evaluation has not yet been completed, the parties shall continue on this schedule until such time as the evaluation has been completed and further arrangements are implemented. 4. If the result of the psychological evaluation confirms that there are no conditions affecting the Father's ability to have custody of the Child, the parties shall automatically implement the following equally shared physical custody schedule: A. During every week, the Father shall have custody of the Child on Monday and Tuesday overnights and the Mother shall have custody on Wednesday and Thursday overnights. B. The parties shall alternate having custody of the Child from Friday through Sunday overnights. C. Unless otherwise agreed between the parties, all exchanges of custody shall take place at the Child's babysitter or preschool. 5. After the parties have followed the equally shared custody schedule set forth in the preceding provision for a minimum of six weeks, counsel for either party may contact the conciliator to schedule an additional custody conciliation conference, if necessary. 6. In the event the psychological evaluation determines that there are mentaUemotional conditions which could negatively impact the Father's ability to have shared custody of the Child, counsel for either party may contact the conciliator to schedule a conference and the interim custody schedule set forth in paragraph 3 of this Order shall continue pending the conference. 7. The parties shall share having custody of the Child on holidays as follows: A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even numbered years, the Father shall have custody during Segment A and the Mother shall have custody during Segment B. In odd numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. New Year's: The New Year's holiday shall be divided into Segment A, which shall run from New Year's Eve at 12:00 noon through New Year's Day at 12:00 noon, and Segment B, which shall run from New Year's Day at 12:00 noon through January 2 at 12:00 noon. In even numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In odd numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. For purposes of this provision, the entire New Year's holiday shall be deemed to fall within the same year as New Year's Eve. C. Easter: The Easter holiday period of custody shall run from the Saturday before Easter at 8:00 p.m. through the following Monday morning. In even numbered years, the Father shall have custody of the Child for Easter and in odd numbered years, the Mother shall have custody of the Child for Easter. D. Independence Dav: The Independence Day holiday shall run from 9:00 a.m. until 8:00 p.m., or after the fireworks. In even numbered years, the Father shall have custody of the Child for the Independence Day holiday and in odd numbered years, the Mother shall have custody. E. Memorial Day/Labor Dav: The Memorial Day and Labor Day holidays shall run from 9:00 a.m. until 8:00 p.m. on the day of the holiday. In even numbered years, the Mother shall have custody of the Child for Memorial Day and the Father shall have custody on Labor Day. In odd numbered years, the Father shall have custody of the Child on Memorial Day and the Mother shall have custody on Labor Day. F. Mother's Day/Father's Dav: In every year, the Mother shall have custody of the Child on Mother's Day and the Father shall have custody for Father's Day from 9:00 a.m. until 8:00 p.m. G. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 8. Each parent shall be entitled to have vacation periods of custody with the Child for up to two weeks each summer upon providing at least 30 days advance notice to the other parent. The vacation periods of custody shall be scheduled nonconsecutively and shall be scheduled to include that parent's regular weekend period of custody unless otherwise agreed between the parties. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. In the event a parent intends to remove the Child from the local area for a period of vacation custody, that parent shall provide advance notice to the other parent of the address and telephone number where the Child can be contacted. 9. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, J. cc: - El' eth S. Beckle Es uire -Counsel for Mother Y~ q imothy M. Barrouk, Esquire -Counsel for Father t ES rYici.l S ~iG~lC~ `~ HOLLY L. HUFF vs. ADAM M. HUFF Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . 2010-3575 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Carson J. Huff June 1, 2006 Mother 2. A custody conciliation conference was held on July 22, 2010, with the following individuals in attendance: the Mother, Holly L. Huff, with her counsel, Elizabeth S. Beckley, Esquire, and the Father, Adam M. Huff, with his counsel, Timothy M. Barrouk, Esquire. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator r F'. Richard Wag; ier. Esquire PA Supreme Court ID# 2. 103 Mancke, Wagner & Spreha -- 2233 North Front Street -- t.' Harrisburg. PA 171 10 " v Telephone (71 7 234-705 'T4 p y ? ar- Fax (717:, 234-080 _ >c _ Attorne} for Defendant -- = HOLLY L. HUFF, : IN THE COURT OF COMMON PLLAS CUMBERLAND COUNTY. PFVNSYI VANIA Plaintiff. v : NO: 10-3575 : CIVU, ACTICIN - LAW ADAM M. litTFF. : IN CUSTODY Defendant. PRAECIPE Tt TFIF PROD HONO TARY: P1e.a?,c withdraw; the appearance of the undersigned as counsel for the Defei,idant.. Adam M. Huff; in !Tae above-captioned action. Date: 1 >/? Shawn M. Dorward, Esq. I.D. # 26 ";1.5 ! tmet- y o? ..,?C?t7 >7'?ar.?J ,k-b • 57C. 1(fg P)9 71t* Please enter the appearance of the undersigned as counsel for the Defendant. Adam N,1 1-111 l IT. in the above-captioned action. P_ -C R' r Wagner Esquire I.D. X23103 2233 North Front Street Harrisburg, PA 171 10 (717) 234-7051 Date: :_-` Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff HOLLY L. HUFF, Plaintiff, V. ADAM M. HUFF, Docket No. 2010-2535 CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER NOW COMES Plaintiff Holly L. Huff and moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite ( ) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. Plaintiff does not believe discovery is necessary in this case, as there is no property to be divided. Defendant, however, has failed to respond to Plaintiff's attempts to finalize the divorce in this matter. ' t _ ... 1 , S s-IES r I? r r G' 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 806089.1 2. The Defendant has appeared in the action by his attorney, P. Richard Wagner, Esquire. 3. The statutory grounds for divorce are no-fault divorce under Sections 3301(c) or 3301 (d) of the Divorce Code. 4. (a) Based on Defendant's failure to respond to Plaintiff's attempts to finalize the Divorce, this action may be contested. (b) The action does not involve complex issues of law or fact. (c) To the extent a hearing is necessary, such hearing should be very brief. WHEREFORE Plaintiff Holly L. Huff requests the Court to assign this matter to a Master for resolution. Respectfully submitted, RHOADS & SINON, LLP By: ? , t, i ` f fz Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff -2- CERTIFICATE OF SERVICE I hereby certify that on this l day of February, 2011., a true and correct copy of the foregoing Motion for Appointment of Master was served by means of United States mail, first class, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 71' Dara Whistler Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff HOLLY L. HUFF, Plaintiff, V. ADAM M. HUFF, Defendant _ n IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 357 Docket No. 2010=2555-- CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO: Curtis Long, Prothonotary Cumberland County 1 Courthouse Square Carlisle, PA 17013 Kindly enter the appearance of Stephanie E. DiVittore and Rhoads & Sinon LLP as counsel on behalf of Plaintiff Holly Huff in this action. Respectfully submitted, RHOADS & SINON, LLP By: ( . Stephanie E. DiVittore Attorney I.D. No. 85906 One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 806094.1 CERTIFICATE OF SERVICE I hereby certify that on this 4- day of February, 2011, a true and correct copy of the foregoing Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Dara Whistler HOLLY L. HUFF, V. ADAM M. HUFF, ORDER 2011 AND NOW, this day of , - , Esquire is appointed master with respect to the following claims: Divorce. BY THE COURT: /9'06?' 1100" , J. Distribution: ? Plaintiff: Stephanie DiVittore, Esquire, Rhoads & Sinon LLP, P.O. Box 1146, Harrisburg, PA 17108-1146 ?Defendant: P. Richard Wagner, Esquire, Mancke, Wagner & Spreha, 2233 North Front Street, Harrisburg, PA 17110 cMyJed DK,B IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, 3s,s Docket No. 2010-2-533 CIVIL ACTION - LAW Defendant IN DIVORCE rzt ?..,.{ 'D .. 7 5s.? x HOLLY L. HUFF, THE COURT OF COMMON PLEAS a n Plaintiff CUMBERLAND COUNTY, PENN SY?3. NI= --4 zrn rn - vs. NO. 10 - 3575 CIVIL "arn r mc; ADAM M. HUFF, ' so Defendant IN DIVORCE r C--) MC Orr (D F5 CD ORDER OF COURT AND NOW, this 114-It day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated March 29, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: `Stephanie E. DiVittore Attorney for Plaintiff P. Richard Wagner Attorney for Defendant BY THE COURT, Kevi A. Hess, P.J. Mal led 1 0" ID- 3-575- PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this Y -day of ?AA vtti- , 2011, by and between Holly Huff (hereinafter referred to as "Wife"), of 57 Grandview Drive, Hummelstown, Dauphin County, Pennsylvania 17036 and Adam Huff (hereinafter referred to as "Husband"), of 603 Mallard Drive, Etters, York County, Pennsylvania 17319. WHEREAS, the parties were married on February 14, 2004, in Port Canaveral, Florida, and WHEREAS, there is one child born of the marriage, and custody of the minor child is governed by an Order of Court dated August 4, 2010, WHEREAS, the parties separated on May 9, 2010, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives. The parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as to each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past and present support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by or against the other or against their respective estates, which claims may have arisen pursuant to the Divorce Code of 1980 as amended, 23 Pa.C.S.A. §§101 et sec., {"Divorce Code"). NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference herein and deemed as an essential part hereof, and intending to be legally bound hereby, 1 807356.1 and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the parties mutually agree as follows: 1. EXECUTION DATE. The date of the Agreement shall be construed to be the date on which the last party signs this document. 2. SEPARATION. It shall be lawful for each parry at all times hereafter to live separate and apart from the other party at such place or places as he or she may, from time to time, choose or deem fit. 3. NO INTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other, nor compel, nor endeavor to compel the other to cohabit or dwell with him or her. 4. EQUITABLE DISTRIBUTION - GENERAL CONSIDERATIONS. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth.in Section 3502(a) of the Divorce Code, 23 Pa.C.S.A. §3502(a), and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income of the parties; contribution of each party to the education, training or increased earning power of the other party; 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, including the contribution of each spouse as a homemaker, the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 2 Both parties acknowledge that there are questions regarding the effect of incorporation and merger of an agreement into an order of court. Notwithstanding the present uncertainty of the law or any changes to the law that may occur in the future, it is the express and irrevocable intention of the parties that the terms regarding the distribution of their marital property are non-modifiable by the Pennsylvania courts, or any other court of competent jurisdiction of any other country in this world. Although this order shall be incorporated into an order of court for enforcement purposes only, the parties expressly intend that this shall not be deemed to be a merger. Both parties expressly state that Husband's and Wife's rights to receipt of marital property as set forth in this Agreement are contractual in nature. Both parties specifically acknowledge the existence of Section 3502(a) of the Divorce Code, 23 P&C.S.A. §3502(a), and acknowledge their specific intention, request and directive that such section neither govern nor be applied to the terms of this Agreement. 5. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS. All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually or property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as, or deemed to be or construed to be "marital property" as that term is used in the Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subiect to equitable distribution. This Agreement shall be deemed to be and construed to be a valid agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Divorce Code. 3 6. DIVISION OF PERSONAL PROPERTY. The parties hereto agree that the personal property of the parties has been divided to their mutual satisfaction. The parties agree that they shall retain all personal property in their respective possession and waive all rights as to personal property in the possession of the other spouse as of the date of the execution of this Agreement. 7. RELEASE OF INTEREST IN SEPARATE ASSETS. The parties hereto agree to waive any and all right to claim any interest or share in the separate assets retained by the other spouse. 8. MARITAL RESIDENCE. The parties owned a marital residence. The mortgage on the marital residence is currently in default, and the parties understand that the property will be foreclosed upon. Wife acknowledges and agrees that, subsequent to the date of execution of the agreement, Husband shall reside in the marital residence and shall have exclusive possession thereof until the property is sold. Wife acknowledges that Husband does not have the ability to pay and will not pay any mortgage payments applicable to any liens, mortgage or encumbrances on the property. Husband does not have an obligation to repay, indemnify, reimburse or otherwise make any payments to Wife which payments would be applicable to the time he resides in the property. The parties agree that, to the extent the mortgagor proceeds with any action for Deficiency Judgment, or obtains any judgment against the parties as a result of said foreclosure, the parties will be equally and jointly liable for the same on a 50150 basis. The parties agree to indemnify and bold harmless the other spouse from any and all claims or demands made against the other spouse by reason of the failure of the responsible party to satisfy any obligation with respect to a deficiency judgment as set forth herein. 4 9. PARTIES' DEBTS. The parties have divided their debts, other than the mortgage set forth above, to their satisfaction. The parties agree that Wife shall be responsible for the outstanding balance on the Lowe's card, Carnival Cruise Mastercard and Bank of America card. Husband shall be responsible for the Chase card, Dell card and Citibank card. The responsible party agrees to indemnify and hold harmless the other spouse from any and all claims or demands made against the other spouse by reason of the debts of the responsible party. 10. PERSONAL PROPERTY. Husband currently has possession of all of the momentos, including, without limitation, pictures and other collectibles concerning their child's first year. Husband and Wife agree that, within 30 days of the date of execution of this Agreement, the parties will divide these items. If the parties cannot agree on how the items will be divided, the parties will assemble all of the items and alternate choosing items. 11. ACCOUNTS. The parties have divided their checking and savings accounts, and each waives any claim or right to such accounts. 12. VEHICLES. The motor vehicles owned by the parties during the marriage were sold. Each party agrees that any claim for any current motor vehicle owned by the other is expressly waived. Further, each party is responsible for insurance on their respective vehicle. 13. SUPPORT. At this time, there is no Court Order for child support. The parties agree that Husband shall continue to provide health insurance for their son through his current employer. If this coverage becomes unavailable, or Husband loses his job, the parties agree that Wife will secure alternative coverage through a private insurer or CHIP until Husband obtains alternative employment with insurance. During this period, the parties will share the cost of the insurance. Once Husband obtains new employment, as long as insurance is available through that 5 employer, Husband agrees to provide health insurance for their son through his employer. Husband and Wife agree that expenses paid for the child and his activities shall be divided on a 50150 basis. Husband shall claim the child on his income tax return, but the parties agree that Husband shall pay, to Wife, '/z of the refund received as a result of claiming the minor child within 30 days of receipt of the refund. 14. WAIVER OF PENSION AND OTHER EMPLOYEE BENEFITS. The parties hereby waive any and all right to claim any interest or share in each other's pension. profit-sharing plans and other employee benefits, if any, from their respective employers. Both acknowledge that they have received information regarding the existence or non-existence of such employment benefits (including but not limited to profit sharing, ESOP plans, pension contributions and plans and 401k plans) and are satisfied with the information so provided. Further, both parties acknowledge that they understand they must notify their employer and/or appropriate plan administrator of the removal and/or change of any such beneficiary designation. 15. FINANCIAL ASSET DISCLOSURE. The parties waive their rights to require the filing of a formal Inventory & Appraisement and a formal Income & Expense Statement by the other, although they have been advised that it is their legal right to have such disclosures prior to entering into this Agreement. By executing this Agreement, both parties are acknowledging familiarity with the financial status of the other parry and satisfaction with the information presently available to them and agree not to use non-disclosure as a basis to overturn this Agreement. 16. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which have been acquired by the party after the date of separation 6 with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 17. INTENDED TAX EFFECT OF DIVISION OF PROPERTY. By this Agreement, the parties have intended to effectuate an equal division of their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of both parties. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal division of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. 18. ALIMONY. Both Husband- and Wife agree to waive any and all right to alimony, spousal support and/or alimony pendent lite either has or may have in consideration of the foregoing. This provision waiving alimony has been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and was agreed to by both parties with the specific understanding that such waiver shall not be subject to modification for any reason, including material changes in financial circumstances, employment status, marital status, cohabitation, or death of either party. The understanding was an inducement and condition precedent to the execution of the overall Agreement. The parties agree that neither will seek a modification hereof in any court. 7 Further, the parties specifically acknowledge that Section 3105 of the Divorce Code, 23 Pa.C.S.A. §3105, is applicable as it relates to the modification of this subparagraph and the balance of the Agreement. 19. REPRESENTATION BY COUNSEL. Wife has had the benefit of counsel of Rhoads & Sinon LLP as her attorneys. Husband declined to employ counsel. Both parties acknowledge that he or she has had the opportunity to obtain independent legal advice of his or her selection; that each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge; that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Divorce Code. 20. FILING OF DIVORCE WITH AFFIDAVIT OF CONSENT. Husband and Wife agree that their marriage is irretrievably broken and that it shall be dissolved pursuant to Section 3301(c) of the Divorce Code, 23 Pa.C.S.A. §3301(c). The parties, therefore, agree that each will execute an Affidavit of Consent and Waiver of Notice to finalize the divorce within 30 days of the date of execution of this Agreement. Counsel for Wife shall prepare these documents and provide to Husband for execution. Counsel for Wife shall promptly file the same with the Court together with all paperwork necessary to finalize the divorce. 21. COOPERATION IN EXECUTION/IMPLEMENTATION. The parties agree that each shall promptly execute any and all documents necessary to implement the terms of this Agreement. 8 22. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE. The parties agree that the terns of this Agreement shall be incorporated into, but not merged with, any Divorce Decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such Divorce Decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 23. SUBSEQUENT RECONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent cohabitation or resumption of marital relations unless the parties otherwise specifically agree in writing. 24. ENFORCEMENT OF AGREEMENT. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties agree that if an action to enforce this Agreement is brought in Equity neither party will make an objection on the alleged ground of lack of jurisdiction of the court because there is an adequate remedy at law. The parties do not intend or purport to improperly confer jurisdiction on a court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the general jurisdiction of courts in Equity over agreements such as this one. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event, it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. 9 Each party hereby agrees to pay all attorneys' fees and costs of litigation that the other spouse may sustain or incur in any way whatsoever as a consequence of any default or breach by the other spouse of any of the terms or provisions of this Agreement; provided that the parry who seeks to recover such attorneys' fees, and costs of litigation must first be successful in whole or in part, before such liability may be imposed. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. For enforcement purposes of any terms of this Agreement, the parties specifically acknowledge that Section 3105, as amended, of the Divorce Code applies to this Agreement. 25. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by counsel and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 26. ENTIRE AGREEMENT. This Agreement contains the entire understandings of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 10 28. SITUS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 29. PARTIAL INVALIDITY. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 30. BINDING EFFECT. Except as otherwise stated herein, all provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, administrators of the parties. 31. BANKRUPTCY. The parties hereto agree that the provisions of the instant Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. IN WITNESS WHEREOF, the parties hereto, after full disclosure made, have signed, sealed and acknowledged this Agreement in triplicate (3) counterparts, each of which shall constitute an original. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness Holly Huff ate A! .? it Witness Adam Huff. Dad 11 HOLLY L. HUFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, - `- v. W ' i- c Docket No. 2010-3575 ADAM M. HUFF r , CIVIL ACTION - LAWS, Defendant IN DIVORCE o = F AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed in June, 2010. 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. Da Adam M. Huff HOLLY L. HUFF, V. ADAM M. HUFF, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant Docket No. 2010-3575 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTEMNON TO REQUEST ENTRY 1. I consent to the entry of a final decree of divorce without notice C-D <C7 yp C? - 5 x v+ CD ?' 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expens es if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §41904, relating to unworn falsification to authorities. ,qb,/o 4::::? Da Adam M. Huff HOLLY L. HUFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA Plaintiff; V. Docket No. 2010-3575 ADAM M. HUFF, = CIVIL ACTION - LAW MW Defendant IN DIVORCE > ."' z { WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY 5 ? ° OF A DIVORCE DECREE UNDER § 3301(C) OF THE DIVORCE CODE ; y. 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 expens es if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. ?,? ? 3? l I L LA J Dated Holly L. H UU HOLLY L. HUFF, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. C) rv Docket No. 2010-3575 a) " - ... m ADAM M. HUFF --a CIVIL ACTION - LAW ,)r - - cz Defendant IN DIVORCE "c >C-) ?. c, r: AFFIDAVIT OF CONSENT I co 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed in June, 2010. 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. 3/3.), Dated 4u'?-4- f L K-J- /I Holly L. H4 - QJ i Plaintiff, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Plaintiff HOLLY L. HUFF, V. ADAM M. HUFF, 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 Section 3301(c) of the Divorce Code, 2 Pa.C.S.A. §3301(c). 2. Date and Manner of Service of the Complaint: The Complaint was served upon Defendant via certified mail on June 14, 2010. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: The affidavit of consent was signed by Plaintiff Holly Huff on March 30, 2011; the affidavit of consent was signed by Defendant Adam Huff on April 6, 2011. 4. Related Claims Pending: None. t" L _'wi ,` E' 12 ,oi 10 59 '.,U" BERLASID CQUSTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 2010-3575 811628.1 5. Plaintiff Holly Huff signed a Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree on March 30, 2011; and Defendant Adam Huff signed a Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree on April 6, 2011. WHEREFORE Plaintiff Hully Huff respectfully requests that this matter be transferred for entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, RHOADS & SINON LLP By:L V , Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on this I Ilk day of April, 2011, a true and correct copy of the foregoing Praecipe to Transmit Record was served by means of United States mail, first class, postage prepaid, upon the following: P. Richard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 ?--?_ 7DkA - Dara Whistler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY L. HUFF V. ADAM M. HUFF No. 2010-3575 DIVORCE DECREE AND NOW, it is ordered and decreed that HOLLY L. HUFF , plaintiff, and ADAM M. HUFF , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") NONE By the Court, 1*?\ Attest: J. ?rothonotary Oert 00py twiled * qty bivi tfore No-hoe + Copy rna.i feel lo atty U)a qw