HomeMy WebLinkAbout01-3298BRYAN K. HEWER, : IN THE COURT OF COMMON PLEAS
Plaintiff : COUNTY, PENNSYLVANIA
V.
TINA R. HEWER, : CIVIL ACTION - CUSTODY
Defendant :
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Plaintiff, Bryan K. Hewer, by and through his attorney, Gary L.
Kelley, and represents as follows:
I. Plaintiff is Bryan K. Hewer who resides at 5404 Legene Lane. Enola, Cumberland
County. Pennsylvania 17025.
2. Defendant is Tina R. Hewer who resides at' 10 Taylor Drive, Apartment H,
Reedsville, Pennsylvania 17084.
3. The parties were previously husband and wife but were divorced on March 3,
1997.
4. The parties are the parents of two (2) minor children. Anthony Michael Hewer,
DOB 3/27/89, and Shontae Elizabeth Hewer, DOB 5/23/90.
5. Pursuant to a written agreement, the parties agreed, inter alia, that they would share
legal custody of the minor children and Defendant would have primary physical custody of the
children with Plaintiff to have periods of alternating physical custody on alternating weekends.
A true and correct copy of the parties' agreement is attached hereto as Exhibit "A."
6. At the time the agreement was drafted and executed, both parties resided m
Maryland.
WHEREFORE, based upon all of the foregoing, Plaintiff respectfully requests that this
Honorable Court issue an Order prohibiting Defendant from relocating to Florida with the minor
children pending further Order of Court.
Respectfully submitted,
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
ATTORNEY FOR PLAINTIFF
VOLUNTARY SEPARATION AND
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered ~nto this ,J~~ day of . _ ~
, 1995, by and between TINA HOWER ("Wife") and BRYAN K.
HOWER ("Husband").
EXPLANATORY STATEMENT
The parties were married by a religious ceremony on 31st of
May 1986, in the State of Pennsylvania. Two children were born to
them as a result of their marriage, namely, Anthony Hower, born
March 27, 1989 and Shontae Eower, born May 23, 1990, hereinafter
referred to as "Children" or "Child". Differences have arisen
between the parties and they are now, as of the date of this
Agreement, living separate and apart from one another, voluntarily
and by mutual consent in separate abodes, without cohabitation,
with the purpose and intent of ending their marriage. It is the
mutual desire of the parties in this Agreement to formalize their
voluntary separation and to settle all questions of custody of
their Children, maintenance and support, alimony, counsel fees,
their respective rights in the property or estate of the other, and
in property owned by them jointly or as tenants by the entireties,
and in marital property, and all other matters of every kind and
character arising from their marital relationship.
NOW, THEREFORE, in consideration of the promises and mutual
covenants and understandings of each of the parties, the parties
hereby covenant and agree as follow, all as of the effective date
hereof.
1. ~ELINQUISHMENT OF MARITAL RIGHTS
The parties shall continue to live separate and apart, free
Children with him during vacation periods. The Husband shall have
the children no longer tha~ eight days at any one period and the
parties further agree that Husband shall return the Children to the
Wife by a specified date and time. The total amount of vacation
time with Husband shall be determined by his work vacation
allotment, but shall not be less than two (2) weeks and not greater
than four (4) weeks any calendar year.
D. The parties agree that the Children shall alternate
holidays at the respective homes of the Husband and Wife. The only
exception shall be Christmas Day which shall be divided as follows:
the Children shall be with the Mother in the morning until 2:00
p.m. and the Husband shall have the children from 2:00 p.m. until
9:00 p.m.. The Children's birthdays shall be spent with both
parents to the extent practica].
E. The parties further agree that each set of grandparents
are to be allowed visitation during each parent's time and up to
twelve (12) days without the parents. The grandparent's visitation
shall be limited to no more than four (4) days at any one time.
The parents shall receive notification of the dates and times of
visitation.
4. CHILD SUPPORT
Husband shall pay to Wife, for the support and maintenance of
the Children, the sum of Six Hundred Dollars ($600) per month until
the first to occur of any of the following events with respect to
each Child: (1) death of the Child or Husband; (2) marriage of the
Child; (3) the Child,s becomil~g self-supporting, or (4 the Child's
4
arrival at the age of 18 years. The payments for child support
shall be made in equal installments of Three Hundred Dollars ($300)
with the first payment made by the 10th day of the month and the
second payment by the 28th day of the month.
5. ALIMONY AND SUPPORT
Husband and Wife waive any claims that each may have for
alimony.
6. HEALTH INSUI~.NCE
Husband represents he currently has health insurance coverage
in effect through his employment, said coverage including Husband
and the Children. Husband agrees to maintain health insurance
coverage at least equivalent to such now in effect on each of the
Children until the later of (1) the termination of the obligation
of Husband to support each Child as set forth in Paragraph 4 or (2)
the end of the time period during which the Child is enrolled 'ii1
college, to the extent that and as long as the Child in insurable
under the policy while a college student. The parties agree that
any co-pays, unreimbursed, or non-covered medical expenses shall be
paid by the Husband. Should Husband fail to maintain such health
insurance coverage as aforementioned, Husband shall be liable for,
and will pay any medical or hospital bills, costs, or expenses
incurred by or for the Children as would have been covered under
such policy had same been in force and effect.
7. PERSONAL PROPERTY
A. Prior to the execution of this Agreement, the parties
divided up their personal property. The parties agree that all
5
tangible personal property and household chattels presently located
and remaining at Wife's residence shall be a~d remain the sole al~d
exclusive property of Wife, free and clear of any interest
Husband, and all tangible persor~al property and household chattels
to be located at Husband's residence shall be and remain the sole
and exclusive property of Husband, free and clear of any interest
of Wife. It is further agreed that Husband shall have sole
possession of the parties freezer unit.
B. Simultaneously with the execution of this Agreement,
Husband shall assign to Wife all of his right, title, and interest
in and to the Mercury Topaz which is presently in Wife's possession
and shall, at Wife's request, sign any documents or papers which
may be reasonably necessary to effect a transfer of title. Husband
shall, at the same time, sign a gift certification form provided by
the Motor Vehicle Administration. Husband shall continue to have
the exclusive right to drive the Dodge Omni, which is presently in
his possession, Wife shall, at Husband's request, assign to Husband
all of her right, title, and interest in and to the said automobile
and shall, at Husband's request, sign any documents or papers which
may be reasonably necessary to effect a transfer of title. Wife
shall, at the same time, sign the gift certification form provided
by the Motor Vehicle Administration.
C. Except as otherwise provided in this Agreement, each party
shall retain, as his or her sole and separate property, any
automobiles, stocks, bonds, or other securities, savings or
checking accounts, certificates of deposit, money market funds,
6
pension, profit-sharing plans, individual retirement accounts,
deferred compensation] of any kited, and any other assets of any kind
or nature in his or her own name, free a~ld clear of any interest of
the other.
8. PENSION WAIVER
Each of the parties hereby expressly waives any legal right
either may have under any Federal or State law as a spouse to
participate as a payee or beneficiary regarding any interests the
other may have in any pension plan, profit-sharing plan, or any
other form of retirement or deferred income plan including, but not
limited to, the right either spouse may have to receive any
benefit, in the form of a lump-sum death benefit, joint or survivor
annuity, or pre-retirement survivor annuity pursuant to any State
or Federal law, and each of the parties hereby expressly consents
to any election made by the other, now or at any time hereafter,
with respect to the recipient and the form of payment of any
benefit upon retirement or death under any such pension plan,
profit-sharing plan, or other form of retirement or deferred income
plan. Either party shall, within ten (10) days of the request by
the other party, execute such documents as may be necessary in
order to effectuate the purposes of this provision, including but
not limited to a waiver of rights to any annuity or benefits and a
consent to any election or beneficiary designation.
9. DEBTS
A. Husband agrees to pay any and all arrearage on the
following joint debts and bills: 1) phone bill which reflects
7
husband's calling card calls, upon payment of the bill, Wife shall
either receive a new number or husband shall transfer his calling
card to his new phone number; 2) Husband to pay arrearage of
approximately $240.65 to BGE; 3) Husband to bring to date the bill
with Kirby Co. Once the bills are current, wife agrees to assume
liability and payments for the normal household bills.
B. Husband agrees to assume liability and indemnify wife for
any liability arising from the bills regarding the freezer, Rent-a-
Center and any non-household bills or debts.
C. Except as otherwise provided herein, each party shall
assume all responsibility for debts contracted by himself or
herself up to the date of this Agreement, and each shall hold and
save the other harmless from any and all liability therefor. From
and after the date of this Agreement, Husband and Wife covenant and
agree that they will not pledge or attempt to pledge the credit of
the other, nor will they contract or attempt to contract any debts
or obligations in the name, or on behalf of each other, and as to
any debts or obligations incurred or contracted by them from and
after the date of this Agreement, each will be responsible for his
or her own debt or liability, and shall hold and save the other
harmless, and indemnify the other, from any such debts or
obligations.
10. INCOME TAX RETURNS
The parties shall file joint Federal and State income tax
returns for the calendar year 1994 if both agree to do so. In such
event, the parties agree to pay the cost of preparing the tax
8
~ry to
iurns and to pay all of the taxes due thereon pro rata, in the
~e proportion that their respective separate incomes bear to the
iai gross income for Federal income tax purposes in such year,
.tries
;lng whatever adjustments between themselves as are necessary to
~eirs,
~lect withholding, any balances due, and/or any refunds; and each
, aims,
'ty will save and hold the other party harmless of and from all
Act,
~ims for taxes, interest, additions to taxes, penalties and
. time
lenses in connection with his own income and deductions.
~e and
MUTUAL P.~LEASE AND HOLD HARMLESS
e and
Subject to and except for the provisions of this Agreement,
,im to
:h party is released and discharged, and by this Agreement does
as an
himself or herself, and his or her heirs, legal
:rnin9
}resentatives, executors, administrators and assigns, release and
~charges the other of and from ali. causes of action, claims,
ction
jhts, or demands, whatsoever in law or equity, which either of
{y be
~ parties ever had or now has against the other, except any or
~1 be
. cause or causes of action for divorce. Except as provided in
.s Agreement, neither party shall incur any liability on behalf
,r any
the other or make any charge against any account on which the
1 not
~er is liable, and each party covenants and agrees to indemnify
terms
~ other and save him or her harmless from any liability for any
their
.igation incurred by him or her.
RESRRVATION OF GROUNDS FOR DIVORCE
this
Neither party waives or condones any claim for divorce which
arily
:her may have against the other, now or at any time in the
and
.ure, and each party expressly reserves the right to assert any
9
such claim.
73. COUNSEL FEES; COURT COSTS
Each of the parties shal.l [)ay his or her own counsel fees
incurred in connection with their separation and divorce. Each
party hereby waives the right to assert any claim against the other
party for counsel fees for legal, services rendered to him or her at
any time in the past, present or future, except that if either
party breaches any provision of this Agreement, or is in default
thereof, said party shall be responsible for any legal fees
incurred by the other party in seeking to enforce this Agreement.
If a divorce proceeding is brought by either party against the
other, the parties shall divide all court costs thereof, including
any Master's fee, equally between them.
Husband has the right to seek independent legal advice at his
own expense prior to the signing of this document. Husband
acknowledges that J. Stephen Cowles did not provide any legal
advice to him. Husband further acknowledges that the separation
agreement shall not be contested on the grounds that the Husband
did not seek legal counsel.
14. FURTHE~ ASSUI~CES
The parties for themselves and their respective heirs,
personal representatives and assigns, do mutually agree to join in
or execute any instruments and to do any other thing or act that
may be necessary or proper to carry out any part of this Agreement,
or to release any rights in any property which either of said
parties may now own or herea£ter acquire, including the execution
~0
determining all of their respective rights and obligations growing
out of or incident to their marriage. Each party had the
opportunity to be represented by independent counsel of his or her
own selection in the negotiation and execution of this Agreement.
Husband and Wife acknowledge that this Agreement is a fair and
reasonable agreement, and that it is not the result of any fraud,
duress, or undue influence exercised by either party upon the
other, or by any person or persons upon either party.
D. Notwithstanding any other provisions of this Agreement,
each party expressly reserves any right which he or she may have,
now or in the future, to receive any Social Security benefits
provided by law, whether such benefits derive from his or her own
earnings or from this marriage. It is the intention of the parties
that this Agreement have no effect whatsoever on their respective
rights to receive Social Security benefits.
E. Whenever the masculine gender is used herein, it shall
also mean the feminine gender, where appropriate, and the plural
shall mean the singular, and vice-versa, where appropriate.
F. This Agreement contains the entire understanding between
the parties. No modification or waiver of any of the terms of this
Agreement shall be valid unless made in writing, and signed by the
deemed to be unenforceable, voidable or void, as contrary to law or
public policy under the laws of Maryland or any other State of the
United States, the parties intend that the remaining provisions of
this Agreement shall nevertheless continue in full force and be
binding upon the parties, their heirs, personal representatives,
executors, and assigns.
I. As to these covenants and promises, the parties hereto
severally bind themselves, their heirs, personal representatives
and assigns.
IN WITNESS WHEREOF, the said parties hereto have hereunder set
their hands and seals the day and year first above written.
WITNESS:
STATE OF MARYLAND: COUNTY OF ~ : TO WIT:
I HEREBY CERTIFY, that on this_ '~ ~- day of
, 1995, the above-named ~ /~- , personally appeared
before me and made oath in due form of law that the matters and
facts set forth In the foregoing Agreement with respect to the
voluntary separation of the parties are true and correct as therein
stated and acknowledged that the said Agreement is in fact her act
and deed and that she has full understanding thereof.
AS WITNESS and Notarial S~I.
N
otary P ubli~''~ c~ /~
My Commission Expires:
STATE OF MARYLAND: COUNTY OF : TO WIT:
~3
1995, the above-named /~/~.//~/~/~//~,~-F~ , day of
personally appeared
before me and made oath in due form of law that the matters and
facts set forth in the foregoing Agreement with respect to the
voluntary separation of the pa[ties are true and correct as therein
stated and acknowledged that the said Agreement is in fact her act
and deed and that she has fu].] understandiag thereof.
AS WITNESS m~ hand and Notarial Seal.
. .;.. ,. ~.~. ~.. .
" '~ ~7...- %'~ '. ·
· ,.,.",.'~U.~,_,'~ .~ Commission Expires:
14
HA'~-30-2001 10:17 CHOICE ~qE A ~ -
,1, 213 9410 P.02
VERIFICATION
I heraby v~ri~ that thc statements contained iaereJn ~re true ~nd correct, I ~derst~d ~at
f~Jse statements m~de hereto ~e subj~cl to the p~n~tj~ of 18 P~.C.S. Section 4~04 relating to
unsworn f~slficalJon to authorities.
BRVAN K. HOWER, : IN THE COURT OF COMMON PLEAS
Plaintiff : COUNTY, PENNSYLVANIA
v. : NO. ~t- ~%b
TINA R. I'IOWER, : CIVIL ACTION - CUSTODY
Defendant :
ORDER
AND NOW, this 3t'~ day o£ r',nt~ , 2001, upon consideration of Plaintiff's
Petition For Emergency Relief, it is hereby ORDER.ED and DECREED that Plaintiff's Motion
~s GRANTED and Defendant is directed not to relocate to Florida with the minor children
pending further Order of Court.
BY TI-~ COURT:
~~'JUDGE
/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND (-'OUNTY. PENNA.
BRYAN K. HOWER, NO. 01-3298 Civil Tem~
Plaintiff
IN CUSTODY
VS.
TINA R. HOWER,
Defendant
PRELIMINARY OBJECTIONS TO ¥'ENI. IE
Tina R. Hower, Defendant above, by Stuart A. Cilo, Esquire, her atlomey,
pursuant to Pa. Rule Civ. P. 1915.5(a) and 1915.2 and Cumberland County Rule 1915.5-I,
and pursuant to 23 Pa.C.S.A. §5364 hereby files the within Preliminary Objections to
Venue and states:
I. Petitioner is Tina R. Hower, Defendant above.
2. Respondent is Brian K. Hower, P[aintiffabove.
3. On or about May 30, 200 I, Respondent filed a Complaint for Custody and a
Petifon for Emergency Relief regarding the Petitioner's intent to move, with the children
who are subject to the action, to Florida.
4. This court, by the Honorable Kevin A. Hess, entered an Order on May 3 I,
200[, a copy of which is attached hereto, directing the Petitioner not to relocate to Florida
with the minor children pending further Order of the court.
5. Petitioner believes and avers that venue in Cumberland County is improper, and
the matter should be heard by Mifflin County, for the following reasons:
A. The children who are subject to this action have resided
m Mifflin County since they moved to the Pem~sylvania area m
September of 1999, and is therefore the home county of the
children;
I. AW OFFICI:$ OF
STUART A. CILO
B. Cumberland County has not, and is not, the home count)'
of the children:
C. Neither of the children are presently within the.jurisdiction
of Cumberland County;
D. It is not in the best interest of the children that Cumberland
County court decide this matter, because tile children have the most
significant connection with Mifflin County, although it is admitted
that one paE~', tile Respondent, does resid~ ill Cumberland County;
E. This matter involves the Petitioner's desire to move and
take the children with her, and Mifflin County would be the most
appropriate court to make that determination.
WHEREFORE, Petitioner requests this court to:
1. Determine that venue in tile above matter should be itl Mifflin Count,.
Pennsylvania; and
2. Vacate the Order of May 3 I, 2001; and
3. Direct that the matter be transferred to Mifflin County for further proceedings.
Respectfully submitted,
Cilo, Esquire
Attorney for Petitioner
I.D.//18317
LAW OFFICES OF
STUART A. ClLO
I verif3' that the statements made in the wilhin Preliminary, Objections to Venue are
true and correct to the best of my knowledge, intbnnation and belief. [ understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. §4904. relating to
unswom falsification to authorities. '
Tina R. Hower, Petitio~'~er
Date:, A,.,C~ /~-/~ ,2001
LAW OFFICES OF
STUART A. CILO
BRYAN K. HOWER, : IN THE COURT OF COMMON PLEAS
" Plaintiff : COUNTY, PENNSYLVANIA
TINA R. HOWER, : CIVIL ACTION - CUSTODY
Defendant :
ORDER
Petition For Emergency Relief, it is hereby- ' 04~ERED and DECREED that Plaintiff's Motion
is GRANTED and Defendant is dh'ected ~ot IO relocate to Florida with the minor children
pending further Order of Court.
TRUE COPY ,,~P..O M ~.. F. CO RD
t,~,.r ,', h '-' ,' .? './. ~ ,:',.i/./~.! ..,:t ,~y ~nd
~i' seal of sai~£our~ iiT'¢arli:.le, Pa.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA.
BRYAN K. HOWER, NO. 01-3298 Civil Term
Plaintiff
IN CUSTODY
VS.
TINA R. HOWER,
Defendant
CERTIFICATE OF SERVICE
I, Stuart A. Cilo, Esquire, attorney for Tina R. Hower, Defendant above, hereby
certify that I served a true and correct copy of the Preliminary Objections to Venue in the
above matter on the/~ day of June, 2001, by depositing same in the United States Postal
Service, Lewistown Post Office, first class mail, postage prepaid, to the undersigned at
the following address:
Gary L. Kelley, Esquire
132- ! 34 Walnut Street
Harrisburg, PA 17101
§tU~squire
Atto~ey for Defendant
I.D. #18317
LAW OFFICES OF
,STUART A. CILO
LEWISTOWN. PA ]~044
IN THE COURT OF COMMON PLEAS OF CLIMBERLAND COI. INTY, PENNA
BRYAN K. HOWER. NO. 01-3298 Civil Term
Plaintiff
IN CUSTODY
VS.
TINA R. HOWER,
Defendant
ORDER
AND NOW, this 7 ° day of ~,,)',...- ,200 I, upon consideration of'the
within Preliminary Objections to Venue, _(-e~.g'_' ....... ~ ~vnf: ...... j (hearing) is hereby
scheduled for the./-f'* day of ,s%,e~ s- .2001 at ~: ,o o'clock/~_.m., in
comlToom # ~ of the Cumberland County Courthouse. Carlisle. Pemlsylvania.
BY THE COURT:
LAW OFFICES OF
STUART A. CILO
BRYAN K. HEWER, : IN THE COURT OF COMMON PLEAS
Plaintiff : COUNTY, PENNSYLVANIA
v. : NO.
TINA R. HEWER, : CIVIL ACTION - CUSTODY
Defendant :
PETITION FOR EMERGENCY RELIEF
AND NOW, comes the Plaintiff, Bryan K. Hewer, by and through his attorney, Gary. L.
Kelley, and represents as follows:
I. Plaintiff is Bryan K Hewer who resides at 5404 Legene Lane, Enola, Cumberland
CounD', Pennsylvania 17025.
2. Defendant is Tina R. Hewer who resides at 10 Taylor Dr~ve, Apartment H,
Reedsville, Pennsylvania 17084.
3. The parties were previously husband and wife but were divorced on March
1997.
4. The parties are the parents of two (2) minor children, Anthony Michael Hewer,
DOB 3/27/89, and Shontae Elizabeth Hewer, DOB 5/23/90
5. Pursuant to a written agreement, the parties agreed, rater alia, that they would share
legal custody of the minor children and Defendant would have primary physical custody of the
children with Plaintiff to have periods of alternating physical custody on alternating weekends.
A true and correct copy of the parties' agreement is attached hereto as Exhibit "A."
6. At the time the agreement was drafted and executed, both parties resided in
Maryland
7. Defendant continued to reside in Maryland through July 1999.
8. During this period, Plaintiff faithfully exercised his rights of alternating physical
custody and maintained a close relationship with his children.
9. In August 1999, Defendant relocated to Reedsville, Mifflin County, Pennsylvania.
10. Plaintiff, who is employed locally, was able to arrange h,s schedule and customer
territory such that he was able to see his children at least three (3) times weekly and actively
participate in the children's extra-curricular activities since that time.
11. The children are acttve in church activities in the Carlisle area and are transported
to and from these activities by the Plaintiff
12. The children actively participate in all church activities and are cherished members
of the congregation.
13. Plaintiff regularly participates ~n parent-teacher conferences wtth the children and
maintains an active role in their lives.
14. During the past twelve months, Defendant has become romantically involved with
an individual whom she met over the internet.
15. The gentleman previously resided in Florida and subsequently relocated to
Reedsville, Pennsylvania with Defendant.
16. Recently, Defendant informed Plaintiff of her intention to relocate to Florida with
her paramour.
17. Defendant has informed Plaintiff that she will be happy to negotiate a r~ew
schedule once she has relocated and is established in Florida.
18. Plaintiff has communicated his concerns to Defendant regarding the relocation and
Defendant still intends to relocate with the children.
19. The children's maternal and paternal grandparents reside in the Cumberland County
area.
20. The grandparents have a close relationship with the children.
21. Should the Defendant be permitted to relocate to Florida with the minor children,
the grandparents' relationship with the children will suffer as they will not be able to interact and
visit with the children on a regular basis.
22. Should the Defendant be permitted to relocate to Florida with the minor children,
Plaintiff's relationship with the minor children will be irreparably harmed and Plaintiff will be
unable to actively participate in the children's lives.
23. Plaintiff' has since remarried and has step-children.
24. Plaintiff's wife and step-children have a close relationship with the children.
25. Should the Defendant be permitted to relocate to Florida with the minor children,
their relationship with their step-mother and step-siblings will be irreparably harmed.
26. It is not in the best interest of the minor children that they be permitted to relocate
to Florida.
27. Given Plaintiff's residence in Cumberland County, the presence of extended family
in the immediate area, and the fact that the children extensively participate in activities in the
Cumberland County area, Plaintiff and the minor children have a significant connection with
Cumberland County.
WHEREFORE, based upon all of the foregoing, Plaintiff respectfully requests that th~s
Honorable Court issue an Order prohibiting Defendant from relocating to Florida w, th the minor
children pending further Order of Court.
Respectfully submitted,
132-134 Walnut Street
Harrisburg, PA 17101
(717) 238-1484
ATTORNEY FOR PLAINTIFF
EXHIBIT "A"
VOLUNTARY SEPARATION AND
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this ,i~6~ day of
, 1995, by and between TINA HOWER ("Wife") and BRYAN K.
HOWER ("Husband").
EXPL$uNATORY STATEMENT
The parties were married by a religious ceremony on 31st of
May 1986, in the State of Pennsylvania. Two children were born to
them as a result of their marriage, namely, Anthony Hower, born
March 27, 1989 and Shontae Hower, born May 23, 1990, hereinafter
referred to as "Children" or "Child". Differences have arisen
between the parties and they are now, as of the date of this
Agreement, living separate and apart from one another, voluntarily
and by mutual consent in separate abodes, without cohabitation,
with the purpose and intent of ending their marriage. It is the
mutual desire of the parties in this Agreement to formalize their
voluntary separation and to settle all questions of custody of
their Children, maintenance and support, alimony, counsel fees,
their respective rights in the property or estate of the other, and
in property owned by them jointly or as tenants by the entireties,
and in marital property, and all other matters of every kind and
character arising from their marital relationship.
NOW, THEREFORE, in consideration of the promises and mutual
covenants and understandings of each of the parties, the parties
hereby covenant and agree as follow, all as of the effective date
hereof.
1. RELINQUISHMENT OF MARITAL RIGHTS
The parties shall continue to live separate and apart, free
claims, demands and interemts arising under the Marital Property
Act, Maryland Family Law Code Ann. §§8-20~ through 8-2]3, as from
time to time amended, and specifically including any right to act.
as the other's personal representative, it is the intention of
each and both parties that during their respective lifetimes they
may deal with their separate estates as if they were unmarried and
that upon the death of either, the property, both real and
personal, then owned by him shall pass by his Will or under the
laws of descent as the case might be, free from any right of
inheritance, title or claim in the other party as if the parties at
such time were unmarried.
3. CHILD CUSTODY AND VISITATION
A. Husband and Wife agree that the parties shall have joint
legal custody of the children. Decisions regarding school,
medical, religion and other important decisions shall be made in
consultation with each other.
B. Wife shall have the care and'physical custody of the
Children, with the right and privilege of Husband to visit and have
the Children with him in the following manner. The Husband shall
have the Children every other weekend from Friday evenings at 6:00
p.m. to Sunday at 6:00 p.m. Further, the Husband is allowed
visitation between his weekends at reasonable times and places as
determined by the parties with the exception of the Thursday
immediately preceding his weekend or the Monday following his
weekend.
C. The parties agree that Husband has the right to have the
3
Children with him during vacatio~t periods. The Husband shall ~ave
the children no longer tha~'~ eight days at any one period and the
parties further agree that Husband shall return the Children to the
Wife by a specified date and time. The total amount of vacation
time with Husband shall be determined by his work vacation
allotment, but shall not be less than two (2) weeks and not greater
than four (4) weeks any calendar year.
D. The parties agree that the Children shall alternate
holidays at the respective homes of the Husband and Wife. The only
exception shall be Christmas Day which shall be divided as follows:
the Children shall be with the Mother in the morning until 2:00
p.m. and the Husband shall have the children from 2:00 p.m. until
9:00 p.m.. The Children's birthdays shall be spent with both
parents to the extent practical.
E. The parties further agree that each set of grandparents
are to be allowed visitation during each parent's time and up to
twelve (12) days without the parents. The grandparent's visitation
shall be limited to no more than four (4) days at any one time.
The parents shall receive notification of the dates and times of
visitation.
4, CHILD SUPPORT
Husband shall pay to Wife, for the support and maintenance of
the Children, the sum of Six Hundred Dollars ($600) per month until
the first to occur of any of the following events with respect to
each Child: (1) death of the Child or Husband; (2) marriage of the
Child; (3) the Child's becoming self-supporting, or (4) the Child's
4
arrival at the age of 18 years. The payments for child support
shall be made in equal installments of Three Hundred Dollars ($300)
with the first payment made by the 10th day of the month and the
second payment by the 28th day of the month.
5. ALIMONY AND SUPPORT
Husband and Wife waive any claims that each may have for
alimony.
6. HEALTH INSUP~NCE
Husband represents he currently has health insurance coverage
in effect through his employment, said coverage including Husband
and the Children. Husband agrees to maintain health insurance
coverage at least equivalent to such now in effect on each of the
Children until the later of (l) the termination of the obligation
of Husband to support each Child as set forth in Paragraph 4 or 2)
the end of the time period during which the Child is enrolled in
college, to the extent that and as long as the Child in insurable
under the policy while a college student. The parties agree that
any co-pays, unreimbursed, or non-covered medical expenses shall be
paid by the Husband. Should Husband fail to maintain such health
insurance coverage as aforementioned, Husband shall be liable for,
and will pay any medical or hospital bills, costs, or expenses
incurred by or for the Children as would have been covered under
such policy had same been in force and effect.
7. PERSONAL PROPERTY
A. Prior to the execution of this Agreement, the parties
divided up their personal property. The parties agree that all
5
pension, profit-sharing plans, individual retirement accounts,
deferred compensation of any kind, and any other assets of any kind
or nature in his or her own name, free and clear of any interest of
the other.
8. PENSION WAIVER
Each of the parties hereby expressly waives any legal right
either may have under any Federal or State law as a spouse to
participate as a payee or beneficiary regarding any interests the
other may have in any pension plan, profit-sharing plan, or any
other form of retirement or deferred income plan including, but not
limited to, the right either spouse may have to receive any
benefit, in the form of a lump-sum death benefit, joint or survivor
annuity, or pre-retirement survivor annuity pursuant to any State
or Federal law, and each of the parties hereby expressly consents
to any election made by the other, now or at any time hereafter,
with respect to the recipient and the form of payment of any
benefit upon retirement or death under any such pension plan,
profit-sharing plan, or other form of retirement or deferred income
plan. Either party shall, within ten (10) days of the request by
the other party, execute such documents as may be necessary in
order to effectuate the purposes of this provision, including but
not limited to a waiver of rights to any annuity or benefits and a
consent to any election or beneficiary designation.
9. DEBTS
A. Husband agrees to pay any and all arrearage on the
following joint debts and bills: 1) phone bill which reflects
7
returns and to pay all of the taxes due thereon pro rata, in the .
same proportion that their respective separate incomes bear to the
total gross income for Federal income tax purposes in such year,
making whatever adjustments between themselves as are necessary to
reflect withholding, any bala~]ces due, and/or any refunds; and each
party will save and hold the other party harmless of and from all
claims for taxes, interest, additions to taxes, penalties and
expenses in connection with his own income and deductions.
11. MUTUAL RELEASE AND HOLD HARMLESS
Subject to and except for the provisions of this Agreement,
each party is released and discharged, and by this Agreement does
for himself or herself, and his or her heirs, legal
representatives, executors, administrators and assigns, release and
discharges the other of and from all causes of action, claims,
rights, or demands, whatsoever in law or equity, which either of
the parties ever had or now has against the other, except any or
all cause or causes of action for divorce. Except as provided in
this Agreement, neither party shall incur any liability on behalf
of the other or make any charge against any account on which the
other is liable, and each party covenants and agrees to indemnify
the other and save him or her harmless from any liability for any
obligation incurred by him or her.
12. RESERVATION OF GROUNDS FOR DIVORCE
Neither party waives or condones any claim for divorce which
either may have against the other, now or at any time in the
future, and each party expressly reserves the right to assert any
9
and delivery of such deeds and assurances as may be necessary to
carry out the purposes of this Agreement.
15. MISCELLANEOUS
A. Except as otherwise provided herein, each of the parties
hereto for himself or herself, and his or her respective heirs,
personal representatives, and assigns, releases all claims,
demands, and interest arising under the Marital Property Act,
Maryland Eamily Law Code Ann. §§8-20] through 8-2]3, as from time
to time amended, including but not limited to any claim to use and
possession of the family home, if any; any claim to use and
possession of family use personal property, if any; any claim to
marital property, if any; and any claim to a monetary award as an
adjustment of the equities and rights of the parties concerning
marital property, if any.
B. With the approval of any court of competent jurisdiction
in which any divorce proceedings between the parties may be
instituted at any time in the future, this Agreement shall be
incorporated in said decree of divorce, but not merged therein. It
is further agreed that regardless of whether this Agreement or any
part thereof is incorporated in any such decree, the same shall not
be merged in said decree but said Agreement and all of the terms
thereof shall continue to be binding upon the parties and their
respective heirs, personal representatives and assigns.
C. The parties mutually agree that in entering into this
Agreement, each party signs this Agreement freely and voluntarily
for the purpose and with the intent of fully settling and
determining all of their respective rights and obligations growing
out of or incident to their marriage. Each party had the
opportunity to be represented by independent counsel of his or her
own selection in the negotiation and execution of this Agreement.
Husband and Wife acknowledge that this Agreement is a fair and
reasonable agreement, and that it is not the result of any fraud,
duress, or undue influence exercised by either party upon the
other, or by any person or persons upon either party.
D. Notwithstanding any other provisions of this Agreement,
each party expressly reserves any right which he or she may have,
now or in the future, to receive any Social Security benefits
provided by law, whether such benefits derive from his or her own
earnings or from this marriage. It is the intention of the parties
that this Agreement have no effect whatsoever on their respective
rights to receive Social Security benefits.
E. Whenever the masculine gender is used herein, it shall
also mean the feminine gender, where appropriate, and the plural
shall mean the singular, and vice-versa, where appropriate.
F. This Agreement contains the entire understanding between
the parties. No modification or waiver of any of the terms of this
Agreement.shall Re valid unless made in writing, and signed by the
~~i~.~.;~ ~:~,:~ ........ ~,. '..'.'.'.~ .... ~.. ....
........·. .......
BRYAN K. HOWER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION q LAW
TINA R. HOWER, :
Defendant : NO. 01-3298 CIVIL TERM
IN RE: PRELIMINARY INJUNCTION OF THE DEFENDANT
ORDER OF COURT
AND NOW, this 15th day of August, 2001, this matter
having been called for hearing, the preliminary injunction of the
defendant to venue is sustained. It is ordered and directed that
this matter be transferred to the County of Mifflin. The costs of
transfer are to be borne by the plaintiff.
By the Court,
Gary L. Kelley, Esquire Kevi~/ A.
Hess,
J.
132-134 Walnut Street
Harrisburg, PA 17101
For the Plaintiff
Stuart A. Cilo, Esquire ~ ~ ~'.l~.~l
29 West Third Street
P.O. Box 29
Lewistown, PA 17044
For the Defendant
pcb
Curtis R, Long
Prothonotary. Renee K. Simpson
Dcpmy Prolhom~lary
John E. Slike
Solic'm~r
®ffice of the rotbo ot r
~umberlanb Cotmtp
Court of Common Pleas
Cumberland County, Pennsylvania
Docket No. D I - 3~O'P c.',v;I
Please acknowledge receipt of this case by signing and dating this
document. Please send this back to:
PROTHONOTARY OFFICE c' ~-,
CUMBERLAND COUNTY COURTHOUSE ~" ' ~
ONE COURTHOUSE SQUARE c~,: -
CARLISLE PA 17013 '" '--
Attn: Becky c:.. -.~ =
.....~'?- -i
/ (~ (signtature & title) ~
OFFICE Of PROTHONOTARY
COURT HOUSE
~A~S~K~ ~ I~I~L .........................
~o The Count~ of Cumberland
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?. ~..0/
Curtis R. Long
Prolhonolary Renee K. Simp~on
John E. Slike
Office of the ~rotbonotarp
Cumberianb Countl,
Court of Common Pleas
Cumberland County, Pennsylvania
Docket No. DI- ,.~q'~)
Please acknowledge receipt of this case by signing and dating this
document. Please send this back to:
PROTHONOTARY OFFICE
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
Attn: Becky
Record received: Date:
~.~0 ?'~f/'; (signature & title)
............. . .... ~ ~,, ~.
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