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HomeMy WebLinkAbout10-7557Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 717-238-6661 717-238-5288 (Fax) Supreme Court ID No.: 22691 F~LF~-p~F'! a L ~, ~- ! ~ f'~,~;SYL~r'~;~~~ DAVID D. YOUNG, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. fa- ~5 7 ~/~ TRAVIS HURST a/k/a TRAVIS L. HURST, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 ~~'~ ~a~~~ ~~y ~~~,~ C~i~~ ~~~ ,~~~ ~ NOTICIA USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dendro de los proximos veinte (20) digs despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falia de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INVORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013-3302 (717) 249-3166 Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 717-238-6661 717-238-5288 (Fax) Supreme Court ID No.: 22691 DAVID D. YOUNG, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TRAVIS HURST a/k/a TRAVIS L. HURST, Defendant COMPLAINT NOW COMES the Plaintiff, David D. Young, Jr., by and through his attorney, Herschel Lock, Esquire, and avers as follows: 1. Plaintiff David D. Young, Jr., is an adult individual residing at 108 Catherine Court, Lewisberry, York County, Pennsylvania 17339. 2. Defendant Travis Hurst, a/k/a Travis L. Hurst, is an adult individual residing at 14 Gray Place, Mechaincsburg, Cumberland County, Pennsylvania 17055. 3. In or about the year 2003, Defendant asked Plaintiff for a loan of Thirty Thousand ($30,000.00) and No/100 Dollars. 4. The proceeds of the aforesaid loan were to be used for the purchase of and/or opening of a restaurant. 5. At the time referred to above, Plaintiff's daughter was married to Defendant. 6. Plaintiff agreed to loan Defendant the aforesaid amount of Thirty Thousand ($30,000.00} and No/100 Dollars. 7. The terms of the loan agreement made between Plaintiff and Defendant were: a. Defendant would make to Plaintiff Eighty-five (85) equal monthly installments of Four Hundred Fifty-nine Dollars and Ninety-four Cents ($459.94), which includes principal and interest at the rate of Seven and One Half (7-1/2%) percent per annum, said payments to commence on or before August 12, 2003; b. Defendant would pay Plaintiff an additional amount of Twenty- three ($23.00) Dollars for each monthly payment not made on or before the Twenty-seventh (27`''} day of each month. 8. The aforesaid terms of the loan agreement made between Plaintiff and Defendant were not reduced to writing. 9. Plaintiff tendered the amount of Thirty-thousand and No/ 100 ($30,000.00) Dollars to Defendant on or about August 4, 2003. (See Exhibit "A", attached hereto.) -2- 10. Defendant subsequently made payments to Plaintiff on the aforesaid loan, said payments not consistently made in a timely fashion nor the total thereof being sufficient to pay off the loan. 11. On or about March 20, 2007, Defendant entered into a Marital Settlement Agreement with Nicole A. Hurst, daughter of Plaintiff, attached hereto as Exhibit "B". 12. Paragraph 5.3.1 of the aforesaid Marital Settlement Agreement provides that Defendant "shall be responsible for the repayment of 90% of the outstanding obligation" owed to Plaintiff, the total sum being Twenty-thousand Two-hundred Forty ($20,240.00) Dollars of which Ninety (90%) Percent was Eighteen-thousand Two-hundred Sixteen ($18,216.00} Dollars. 13. Plaintiff concurred with paragraph 5.3.1 of the aforesaid Marital Settlement Agreement and agreed with the amount of the debt owed him as described therein as well as the apportionment the aforesaid debt, obligating Defendant to pay Ninety (90) Percent of the same. 14. From February, 2007, until his last payment in July, 2009, Defendant made payments to Plaintiff totaling Eight Thousand Two-hundred Eighty ($8,280.00} Dollars, exclusive of late fees. 15. From July, 2009, to December, 2010, Defendant has made no payments. 16. Defendant's aforesaid failure to make timely payments obligates him to pay Plaintiff a penalty of Twenty-three ($23.00) Dollars for each of those months, or a total of Eight- hundred Five ($805.00) Dollars. -3- 17. Plaintiff has made repeated demands on Defendant for payment. 18. Defendant, without excuse or justification, has failed or refused to pay Plaintiff the monies he owes Plaintiff pursuant to the terms of their oral agreement and pursuant to the Marital Settlement Agreement aforesaid. 19. The balance owed Plaintiffby Defendant, exclusive of late charges accruing after December, 2010, amounts to Nine-thousand Nine-hundred Thirty-six ($9,936.00) Dollars. WHEREFORE, Plaintiff prays your Honorable Court to enter judgment in his favor and against the Defendant in the amount ofNine-thousand Nine-hundred Thirty-six ($9,936.00) Dollars, plus any additional accumulated monthly late charges to the date of judgment, interest thereon, and the costs of suit, which sum is within the amount for a mandatory referral to arbitration.. Respectfully Submitted: ~~ Date: ~ ~ ~J c~C Herschel Lock, Esquire Attorney for Plaintiff David D. Young, Jr. Supreme Court ID No.: 22691 3107 North Front Street Harrisburg, PA 17110 717-238-6661 -4- ~~-. _ ~-- __.~... -__-_ _ ~- _ .N~ - __1 ~- i Ei _ .. ..... ~u.> ro . ~ Is LHMlu v r Vvaa~ v• -- _ - ~7~ f . a dal I = "~ S.SN 437-543342 1 :t ,..o nA713~g1lJF r:[111flT _ ~ _ ~ d I~ _ ~ ~ G~8255'''31? un I r :~ LEIMSBERAY, PA 173;39 743 ~L/ (,~,l~C__ l; l J - ~ ~ ~:--.. - IIl ~ i ~ PH. °3t3-fi oM ~ .. .~. ~rr~C` ~n'rt= - -- a' ~ ~ -G-I ~ ~~~ i 4.; 1'd7 i tine ~~ OF OE~C OP / ~~ft tl. ~ f r ~ ~-~ ~ ~ (irJCl. - cu -~.:. ! . ~,`~ _ . _ ; hEat~-i CmER.~[. CREDfllJN10?~ ,. ~___._.. o. ,~ ~ 1 ~ ~~ /1 , . U ~J 4 ~~~~ r , -' L II , _ /f SS Y ice! " i ~'L 1L t~ ~ i Y ~~. FC)42 ~~ ( ~ ~. ~~ ~ ~ • Lam( ~i"'~`'+.~/h '- -'_ " -~ _ / ,/ 't'I~p ~ a . . j ,-, , ~ mss- e ~ : 3~ 2 a 5 ~ n 3 3 000 ~ 5 ~ n t~ ? ~. '~ ?8 gr-uu~ ~u~u~~~r:r ~~ te - - L ,. .. _ _ e1a....v:.v:ui i ~ndu.inG '.i::i:L:~.J~.ii~ ~Lr' : .+nc... i ~!t)t~fzQ?Ot10000c3be653f1i30a0000t~euG00u •cueAYo,.,o•{ltSOppO(i1.TtF 1 'f=0t~5E1:14UJL7~ i G i 'tZoiise::2-iu33?2G0 - - _ - .: ~ :~ -__ .- ~v .- - .-~ - y v ~ - ~ .. _ t i ~~^ _ _ _ S ! va}•~~f tiF W-~i ~- 4 I - -_ _ _ ~ i - = -: , - - r.IJn VoliD:-432~72i~:Q c~:.,:..:-.-.o_nnru~nnpl TIF --- - ~ . •°~'!srt 24D3`s72G0 .., ~ - ; .~, 1, __ . r` ' ~ _l r~s \ . - ~ - ~v - . __. ~, __ - ~ ~ 1_~ ~ - a E __ V .-. _ .7 .,,~ ri ~ i ~ ~ ~ v'~ ji; ~ r e ` - r t +.+ `" ;~; A ~~ Li ` L_ EXHIBIT "A" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this tiL~-~ day of ~IC~~C~ , 2007, by and between NICOLE A. HURST, 1455 English Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and TRAVIS L. HURST, 5447 Rolling Road, Chambersburg, Franklin County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully man-ied on August 14, 2004 in Enola, Pennsylvania; WHEREAS, the parties are the parents of Madison N. Hurst, date of birth: June 26, 2001; 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, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, 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: EXHIBIT "B" 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Husband, and Cara A. Boyanowski, Esquire of Sen-atelli, Schiffman, Brown 8~ Calhoon, P.C., for Wife. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and 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, 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. to addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, -2- alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either parry for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 06-264. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement or the expiration of 90 days. Said Affidavits and Waivers shall be promptly transmitted to -4- counsel for Wife who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that Husband was the owner of that certain house and lot and all improvements thereupon situated at 1262 Hunters Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania (the "marital residence"). The property was sold and the proceeds placed in escrow. Husband shall retain all proceeds and Wife waives any equity in the home. 5.2. Contents of Wife's Residence Contents of Husband's Residence and Other Personal Property. 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's residence, including but not necessarily limited to all fumiture, fumishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in said residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement, with the exception of those items attached hereto as Exhibit "A." Said items shall be refunded/exchanged within 10 days of execution of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of -5- tangible property of whatever nature currently Located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Debt. The parties acknowledge that they have no joint credit card debt. Wife agrees to be solely responsible for the payment of all credit card debt in her individual name and shall indemnify and hold Husband harmless from such debt. Husband agrees to be solely responsible for the payment of all credit card debt in his individual name and shall indemnify and hold Wife harmless from such debt. 5.3.1. The parties are joint obligors on a personal loan owed to David Young. Husband shall be responsible for the repayment of 90% of the outstanding obligation and shall indemnify and hold Wife harmless from said debt. Wife shall be responsible for 10% of the outstanding obligation and shall indemnify and hold Husband harmless from said debt. Attached hereto is an acknowledgement signed by David Young confirming his agreement to these terms of repayment. 5.4. Bank Accounts. All jointly held bank accounts were divided by agreement of the parties. Wife does hereby set over, transfer and assign to Husband all interest in any bank accounts held in his individual name. Husband does hereby set over, transfer and assign to Wife all interest in any bank accounts held in her individual name. 5.5. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to herby the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such -6- property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and alt rights in such property from Husband to Wife. 5.6. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.7. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property #o be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. -7- 5.8. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not 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 consti#uting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. 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. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. to the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. -8- The parties shall share the dependency exemption for Madison so long as they share custody. Wife shall claim Madison as a dependent in even numbered years and Husband shall claim Madison in odd numbered years. The parties shall cooperate in executing any documents necessary to transfer the exemption. 5.9. Liability Not Listed. Each party represents and wan-ants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.10. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband wilt, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.11. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not -9- limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.12. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and wan-ants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.13. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, -10- each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. CUSTODY/CHILD SUPPORT. Wife and Husband acknowledge and agree that Madison will continue to be enrolled in the Mechanicsburg School District until Madison reaches 5~' grade. In the event that Wife wishes to remove Madison from Elmwood Elementary, she shall provide Husband with no less than sixty-days' notice of the proposed change. The parties acknowledge and agree that in exchange for Husband taking 90% of the debt owed to David Young, identified in 5.3.1, Wife agrees not to seek an increase in child support for a period of two (2) years from the date of execution of this Agreement. The parties further agree that should Wife seek and be awarded an increase in child support prior to the expiration of two (2) years, then Husband has the right to alimony in an amount equal, dollar for dollar, to the amount by which the child support increased. -11- 7. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, specifically the provisions contained in Paragraph 6 relating to child support, the parties hereby expressly waive, discharge and release any and ali rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the -12-. terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 8. COUNSEL FEES COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 9. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives afl rights of inheritance in the estate of the other, any right to elect to take against the Wilt or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such -13- breach, or seek such other remedies or relief as may be available to hirn or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certifred mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Nicole A. Hurst 1455 English Drive Mechanicsburg, PA 17050 and to Husband, if made or addressed to the following: Travis L. Hurst 5447 Rolling Road Chambersburg, PA 17201 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on -14- which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of :reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 19. 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. 20. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attomey of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attomey; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. -15- This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 21. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 22. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement 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 not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the ates of their acknowledgments. WITNESS ' s _ ' ~' i ~_ W~ S ~ ----- ' ,~~% Ni ~ e Ate. Hurst, ife ~-- ,% ~ ~ Travis t_. Hurst; Husband -16- COMMONWEALTH OF PENNSYLVANIA COUNTY OF -."-==~t.~~-,~?-fem. ~~ BEFORE ME, the undersigned authority, on this day personally appeared NICOLE A. HURST, 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 .;~C't'` day of .- - , ~C ':'/~,.., , 2007. Notary Public NOTARIAL SEAL DEBRA A EVANGELISTI Notary Public SU50UEHANNA TWP.DAUPHIN COUNTY My Commission Expires May 7. 2006 -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared TRAVIS L. HURST, 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 1 ~h day of ~~~~~L~ 2007. ~~/ ~- Notary Public ~flhthii?Pv~V'%r~-L~'r• yi' ~:=,`_•:'_ S _ ~ i.i~L=. i !`~OtBriFi1$E3t .~ t~lit~tSii© C. Armour. Hotaryr 4~z~! City of liarrisburrqq::3auphin Counttyy { My CommEssion E:pirs~ Oct. 2, 2tJ~S -18- n ''~ M~:Nees Wallace & Nurick LLC attorneys at law EXHIBIT "A" ITEMS NOT INCLUDED IN 5.2.1 (Contents of Wife's Residence and Other Personal Property) The following items shall be refunded/exchanged within 10 days of execution of this Agreement: 1) Division of wedding photographs with Husband retaining those picture of his family, friends etc.; 2) Husband's original tax returns for the years 2000, 2001, 2002, 2003, and 2004; and 3) Pictures of Madison from birth through the course of the parties' time together (i.e., infant, first birthday, vacations, preschool photographs, etc.) (Husband can make copies). P.O. Box 1166.1 OO PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAx: 717.237.5300 • WWW.MWN.Ca,n COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: December 8, 2010 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor _ F ILED-0--7r! C #1 1;'v f?l??i?f t A 6 r'y J l l JA S 12 AM 0.5'7 CUMBERLAND G PENNSYLVAI'4'11David D. Young, Jr. Case Number vs. Travis L. Hurst 2010-7557 SHERIFF'S RETURN OF SERVICE 01/07/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on January 7, 2011 at 1000 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis L. Hurst. After several attempts the Complaint and Notice has expired. SHERIFF COST: $64.44 SO ANSWERS, January 07, 2011 RON Y R ANDERSON, SHERIFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4ttttip at 4Rru?t?e?I,x?b FILED-OFFICE OF THE PROTHONOTARY 2011 JAN 25 AM 11: 02 OU PENN YLVANI'A TY David D. Young, Jr. vs. Travis L. Hurst Case Number 2010-7557 SHERIFF'S RETURN OF SERVICE 01/13/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Travis L. Hurst, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint and Notice according to law. 01/18/2011 03:18 PM - Dauphin County Return: And now January 18, 2011 at 1518 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Travis L. Hurst by making known unto himself personally, at Red Lobster, 4300 Jonestown Road, Harrisburg, Pennsylvania 17101 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 January 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (`t :9lSJIIC 7.'"'t'Itf E nff. fir:". (Rtftt.e of t4e c*4CxTf y William T. Tully Solicitor Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DAVID YOUNG, JR TRAVIS L HURST Sheriff s Return No. 2011-T-0205 OTHER COUNTY NO. 20107557 Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS And now: JANUARY 18, 2011 at 3:18:00 PM served the within NOTICE & COMPLAINT upon TRAVIS L HURST by personally handing to TRAVIS L HURST 1 true attested copy of the original NOTICE & COMPLAINT and making known to him/her the contents thereof at POE: RED LOBSTER 4300 JONESTOWN ROAD HARRISBURG PA 17101 Sworn and subscribed to before me this 20TH day of January, 2011 -)P*2 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County M Commission Expires August 17 2014 So Answers, k?e?? Sheriff of Da phin County,.a. By_ Deputy Sheri Deputy: G LLER Sheriffs Costs: $60 1/18/2011