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HomeMy WebLinkAbout05-33730 RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS'-2-?V CIVIL ACTION - LAW IN DIVORCE 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 you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Hanover and High Streets, Carlisle, PA 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. Cumberand County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. A. JEAN HOUCK, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICIA Le han Demando a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted deve presentar una apariencia excrita o en persona o por abogado y archivar en to corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -33'X3 CIVIL ACTION - LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE DIVORCE AND NOW, comes the Plaintiff, RONALD E. HOUCK, JR., by his attorney, Mindy S. Goodman, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, RONALD E. HOUCK, JR., is an adult individual who currently resides at 301 Cheryl Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, A. JEAN HOUCK, is an adult individual who currently resides at 24 Clemens Drive, Dillsburg, York County, Pennsylvania 17019. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 3 4. The Plaintiff and Defendant were married March 6, 1993 in Cumberland County, Pennsylvania, and separated on May 22, 2005. 5. The Plaintiff avers that there are no children born of the parties' marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 7. The cause of action and section of the Divorce Code under which the Plaintiff is proceeding is: 23 Pa. Cons. Stat. § 3301(c) or, in the alternative, 23 Pa. Cons. Stat. § 3301(d). The marriage of the parties is irretrievably broken. 8. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, Plaintiff requests This Court enter a Decree of Divorce in his favor. 4 RECEIVED AUG 041005 5 RONALD E. HOUCK, JR., IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 05-3373 CIVIL TERM A. JEAN HOUCK, CIVIL ACTION -LAW Defendant DIVORCE eA ORDER OF COURT AND NOW, this day of 2005, upon consideration of the within Petition to Enter Stipulation as an Order of Court which is incorporated herein by reference, IT IS HEREBY ORDERED AND DECREED that said Petition is hereby granted and its contents are hereby approved and adopted as an Order of Court with full weight and effect as if it had been set forth in full hereinafter. It is binding and enforceable upon the parties hereto. All prior Orders in this matter are hereby vacated and the rule returnable proceeding scheduled on July 25, 2005 is hereby canceled. J. .61 WSROd $- 9nb sooz 40dd :H2 40 140-031H COUNTI EQUITABLE DIVISION. DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 10. The averments of paragraphs 1 through 9 above are incorporated herein by reference as if set forth in full. 11. The parties are the owners of various items of property which qualify as martial property as defined in the Divorce Code. 12. Said marital property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Defendant requests this Honorable Court equitably divide, distribute and assign the parties' marital property. Respectfully submitted, Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities.QQ DATE: Z GS ??? fCAwr?/L Ronald E. Houck, Jr. f? c o c ? O r oc c }per I \ `_ -G 0 u, r 1 N co cn a 23 -n m <?x z, om RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oy - Cot.(`-,zl CIVIL ACTION - LAW IN DIVORCE PETITION FOR THE RETURN OF PERSONAL PROPERTY AND NOW, comes the Plaintiff/Petitioner, RONALD E. HOUCK, JR., by and through his attorney, Mindy S. Goodman, Attorney at Law, and respectfully files the within Petition for the Return of Personal Property, and in support thereof, avers as follows: 1. The Plaintiff/Petitioner, RONALD E. HOUCK, JR., is an adult individual who currently resides at 301 Cheryl Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant/Resopondent, A. JEAN HOUCK, is an adult individual who currently resides at 24 Clemens Drive, Dillsburg, York County, Pennsylvania 17019. 3. The Plaintiff and Defendant were married March 6, 1993 and separated on May 22, 2005, when Defendant abandoned the marital residence and relocated to the address identified in paragraph 2 above. 4. Simultaneously with the filing of this Petition, Plaintiff is filing a Complaint in Divorce asserting, inter alia, a claim for equitable distribution. 5. On or about June 19, 2005, Defendant/Respondent, A. JEAN HOUCK, entered the marital residence while Plaintiff/Petitioner was away and without his knowledge. At that time, Defendant/Respondent surreptitiously removed from the marital residence various items of personal property including those items identified on Exhibit A attached hereto. 6. In order to maintain the status quo which has been in place since the date of separation until final distribution of the marital property takes place, Defendant/Respondent must be directed to return the personal property she has removed from the marital residence. Pursuant to Section 3323(f) and 3505(a) of the Divorce Code, 23 Pa. C.S. §§ 3323(f) and 3505(a), this Court is empowered to enter an order requiring that the personal property removed from the marital residence be returned. WHEREFORE, Plaintiff/Petitioner respectfully requests this Honorable Court enter an Order granting his Petition for Return of Personal Property. Respectfully submitted, f-, 00 Mindy S. Goodman Attorney at Law Attorney I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition for Return of Personal Property are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. yy?? DATE: 6o ;6;2 7 JC9.S W c Ronald E. Houck, Jr. i T, V. ??? hC1.y?r ?j L r v i nc?oon I ?? 1 `j 1 LV L f?,_lsJ fkQ ? R1r1C?:?s r=+-pie_S? ? ?s4rc?e? ?erU?t?1c? l?ar?e p- 83 1 L ecA -Q-t-C)fC1, I?LhY i Ell (? N ? O i T " v i U i-. L ? -? r:_ ? '` ? n O -- ?- 't7 .,?- ..n -'? fV ?T ?j - ?' Q ^C RECEIVE[ 1«,' J 5 2005 RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O s - 3.3'x3 CIVIL ACTION - LAW IN DIVORCE: Defendant ORDER AND NOW, this J day of, 2005, upon consideration of Plaintiff/Petitioner's Petition for Return of Personal* - / Property, it is hereby ORDERED and DECREED that said .,?-4r&"o Cp. os-e wby SA & Shot.Ld 004- Defendant/Respondent la-direeisd-tareturn to the marital residence wWq4rtvmMy F , those items listed on Exhibit A attached hereto. s? A nJV? ,l?r?]?f a6d`S? c $?3tijA.M. .a CR.1-owl tf s of W J. v 0 n 0 ? brPh/A?ISi?JP;?3d CZ :h Wd S- Inc UR AbVIOVON1Odd :]Nu dO 30N-!0- IU RONALD E. HOUCK, JR., Plaintiff v. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3373 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE. ORDER AND NOW, this day of _ ?? y 2005, upon consideration of Plaintiff/Petitioner's Motion for Continuance, the Motion is granted and a hearing on Plaintiff/Petitioner's Petition for the Return of Personal Property shall be continued generally until either party requests that the matter be rescheduled for a hearing. BY TH€ COURT: J. Tf ti S p? ti v 0 60 :9 M LZ M SON RONALD E. HOUCK, JR., Plaintiff VS. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3373 CIVIL TERM CIVIL ACTION - LAW DIVORCE PETITION TO ENTER STIPULATION AS AN ORDER OF COURT AND NOW, come the parties, Ronald E. Houck, by and through his attorney, Mindy S. Goodman, Esquire, and A. Jean Houck, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully request the following Stipulation to be entered as an order of court: WHEREAS the parties, Ronald E. Houck (Husband hereinafter) and A. Jean Houck (Wife hereinafter), acknowledge that Husband filed a Petition for Return of Personal Property on July 1, 2005 and a Rule was issued by the Hon. Edward E. Guido, returnable on July 25, 2005 at 8:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse. WHEREAS the parties wish to enter into an agreement relative to temporary storage and safekeeping of various items of personal property pending equitable distribution of the marital estate; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with counsel prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Wife agrees to preserve, protect, and make available for inspection to Husband or his counsel the following items, which shall not be removed from the storage facility at which they are currently located pending equitable distribution of the marital estate: a. Quilt rack b. TV cabinet c. 27" television d. CD/cassette player e. Curio cabinet f. Crock pot slow cooker g. Silverware h. Five baskets including one Longenberger basket, two LTD Commodities baskets, and two baskets with red checkers. + 2 sac: k' ??1 kt s REN i. Princess House serving bowl, dip bowl, and 4 small glasses j. Cedar chest k. One cream colored quilt with burgundy flowers 1. One blue and white quilt m. Towels n. 1 set of new sheets o. Candles p. Snow babies collection q. Family photographs and videos 2. Husband agrees to preserve, protect, and make available for inspection by Wife or her counsel the following items which shall not be removed from the marital residence pending equitable distribution of the marital estate: a. Big screen TV b. Blue recliner c. Love seat d. Two round tables with glass tops e. SteFe& Be_ vv :t S (2i; CEi V f. DVD player As// g. Two dark wood dressers h. Day bed and associated bedding i. Computer, computer desk & black chair j. Photo printer k. Wooden bench 1. White & oak wooden TV stand m. White outdoor loveseat n. Dark blue canvas chair in carry bag o. Wooden bathroom shelf p. Hallway ladders shelf and mini curio shelf q. Bedroom carousel horses r. Remaining baskets s. Roasting pan, black oval roaster, yellow strainer t. Bissell upright vacuum & long handled vacuum u. Christmas, Easter, Halloween & Thanksgiving decorations v. Washer & dryer w. All curtains x. Sewing basket y. Dark wood collage frame with family photographs in foyer closet 3. Husband agrees to preserve and protect the following personal, pre-marital and non- marital items which Wife shall be permitted to retrieve from the marital residence within the next ten (10) days: a. Any of Wife's clothing remaining in the marital residence b. Freezer from Wife's prior marriage c. Two doll houses made by Wife's father d. All baby items related to Wife's grandchildren e. Blue trunk owned by Wife since 1975 f. Hurricane lamps from Wife's prior marriage g. Black stool from Wife's childhood h. Punch bowl from Wife's prior marriage i. Baking pans, wooden cookie board & egg basket belonging to Wife's mother Wife's daughter's belongings which are stored in the basement k. Two light wooden shelves on wall in bedrooms from Wife's prior marriage WHEREFORE, the parties, intending to be legally bound, and with the desire that this Agreement be entered as an order of court and with the further desire to cancel the proceeding scheduled on July 25, 2005 before Judge Guido, hereby set their hands and seals and the date of their acknowledgment. Ronald E. Houck, Jr. Date Mindy S. Goodman, Esquire Date 91_/-0 A. Jeh& Houck Date /z/os anne B. Costopoulos, Esquire Date r.3 t7 _ C) ?::> -i i c,+ (' Cif G) " ^ ' ? ) G> ", 1 y _,. :7 ;'P C`•y ?' MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2c?>4,1- day of A 4- 1 2006, between RONALD E. HOUCK, JR., hereinafter called "Husband" and A. JEAN HOUCK, hereinafter called "Wife." WITNESSETH: The parties hereto, being Husband and Wife, were lawfully married on March 6, 1993 in Cumberland County, Pennsylvania, and separated on or about May 22, 2005; There were no children bom of the parties' marriage; and Wife is represented by Jeanne B, Costopoulos, Attorney at Law, and Husband is represented by Mindy S. Goodman, Attorney at Law; and Diverse and unhappy differences have arisen between the parties, and it is the intention of Husband and Wife to separate for the rest of their natural lives, and 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 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, present and future support, alimony and/or maintenance of each other; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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: 1. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no- fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in a 2 Cumberland County divorce action. The parties shall execute Affidavits of Consent upon the expiration of the ninety (90) day waiting period required under the no-fault divorce laws. Should either party fail to execute the Affidavit of Consent required under Section 3301(c) of the Divorce Code, this shall constitute a breach of this Agreement and the non-breaching party shall have the right to Petition for Enforcement of the Marital Settlement Agreement and the non- breaching party shall be entitled to reimbursement of his or her attorney's fees incurred as a result of having to file for enforcement. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree that may be entered with respect to them in the future. 4. NON-MERGER It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each parry maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement, and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, 3 alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement, if not signed by both parties on the same date, shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided herein shall take place within sixty (60) days of the date of execution of this Agreement unless otherwise specified herein. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 4 8. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party, at such place or places as he or she from time to time may choose or deem fit. 9. NONINTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 10. MUTUAL RELEASES Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the nature of dower and curtesy or widow's or widower's rights, family exemption or similar 5 allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any country, as well as any and all other claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 11, MARITAL PROPERTY The parties hereto acknowledge and agree that they have acquired various assets during their marriage, whether the same were held jointly or individually by the parties hereto, including but not limited to: (a) Marital residence located at 301 Cheryl Avenue, Mechanicsburg, Pennsylvania. (b) Household goods, contents, furniture and furnishings. (c) Various bank accounts. (d) Various motor vehicles. 6 (e) Various retirement accounts and benefits. (f) The parties' dog, Shelby. 12. DISTRIBUTION OF MARITAL PROPERTY The parties hereto covenant and agree that the assets described in Paragraph 11, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between them as follows: (a) Husband shall retain sole and exclusive possession and ownership of the marital residence located at 301 Cheryl Avenue, Mechanicsburg, Pennsylvania. Husband shall be solely responsible for the two mortgages on the marital residence and shall indemnify and hold Wife harmless from the same. Husband shall take whatever steps are necessary to remove Wife's name from the mortgages by October 1, 2006. If the mortgages on the marital residence are refinanced, Husband shall be solely responsible for the refinancing costs. In the event the marital residence is sold, Husband shall be solely responsible for satisfaction of the mortgages and settlement costs and Husband shall be entitled to 100 percent of the net proceeds from the sale of the marital residence, if any. Wife shall execute a deed transferring her interest in the property to Husband upon demand by Husband. (b) The parties hereto have agreed on a division of household goods and furnishings. Those items listed on Exhibit "A" attached hereto shall become 7 the sole and separate property of Wife, and those items listed on Exhibit "B" attached hereto shall become the sole and separate property of Husband. Husband and Wife shall arrange to retrieve their items of personal property within thirty (30) days of the date of execution of the Agreement. With regard to items of personal property not identified on Exhibits "A" or "B", that property shall become the separate property of the party who currently has possession of it. (c) The parties hereto have heretofore divided all bank accounts. (d) Motor vehicles - Husband shall retain sole and exclusive possession and ownership of the 2000 Chevrolet Blazer which is presently encumbered by a loan. Husband shall be solely responsible for timely payment on said loan and shall indemnify and hold Wife harmless from the same. Wife shall take any and all steps necessary to transfer title of said vehicle to Husband, if necessary, upon request by Husband. (e) Retirement Accounts and Benefits - (i) Husband has a 401 k through his employment with John Gross Company. Husband shall retain 100 percent of his 401 k, and Wife hereby waives any and all right, title, claim or interest she may have in Husband's 401k. (ii) Wife has a defined pension benefit plan with the Pennsylvania State Employees Retirement System (SERS). An appraisal of the SERS defined pension benefit was prepared by Pension Appraisers, Inc. and the value for equitable distribution is $82,211.63. 8 The parties shall equally divide Wife's defined pension benefit and Wife shall be responsible for the preparation and expense of a qualified domestic relations order to accomplish the transfer of $41,105.81 to Husband. (f) The parties' dog, Shelby - Husband shall retain exclusive possession and ownership of the parties' dog, Shelby. Husband shall be solely responsible for the care and welfare of the dog. In the event that Husband would be unable to keep the dog or would not desire to keep the dog, Husband shall surrender the dog to Wife. 13. MARITAL DEBT The parties acknowledge and agree that they have no marital debt other than the payments to the bankruptcy trustee as a result of a joint bankruptcy previously filed. Wife shall continue to make payments to the bankruptcy trustee, in a timely manner, until October 1, 2006. Beginning October 1, 2006 Husband shall begin making payments to the bankruptcy trustee, in a timely manner, until the debt has been paid in full. The parties hereto acknowledge and agree that other than the debt that is identified above and outlined elsewhere in this Agreement, there is no marital debt. Wife shall be solely responsible for any and all debt in her individual name, and shall indemnify and hold Husband harmless therefrom. Husband shall be solely responsible for any and all debt in his individual name, and shall indemnify 9 and hold Wife harmless therefrom. If there is any debt in joint names, it shall be the sole and separate responsibility of the party who incurred said debt. 14. FUTURE OWNERSHIP OF PROPERTY Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, 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. 15. MUTUAL RELEASES The parties hereto acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided to herein. Specifically, both parties covenant and agree that, except as outlined herein, both parties waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party; neither party will see discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 16. BANKRUPTCY It is hereby understood and agreed by and between the parties that their obligations pursuant to this agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeds pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her that have been initiated by others. 17. OTHER WRITINGS Each of the parties hereto agree to execute any and all documents, deeds, bills of sale or other writings necessary to carry out the intent of this Agreement. I 18. ENTIRE AGREEMENT This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 19. LEGALLY BINDING It is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and his or her respective heirs, executors, administrators and assigns. 20. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement, and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such proceeding. 21. AGREEMENT VOLUNTARILY AND CLEARLY UNDERSTOOD Each party to this Agreement acknowledges and declares that he or she respectively: a. Is fully and completely informed as to the facts relating to the subject matter and their Agreement as the rights and liabilities of both parties; 12 b. Has given careful and mature thought to the making of this Agreement; C. Has carefully read each provision of this Agreement; d. Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 22. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 23. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 13 24. LAW APPLICABLE This Agreement shall be governed, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the paragraphs and subparagraphs herein, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS: Mindy S. Goodman, Esquire onald E. Houck, Jr., Husband J 6ine B. Costopoulos, EsquT e A. J uck, Wife 14 EXHIBIT "A" Below is a list of items that shall become the sole and separate personal property of Wife: a. Quilt rack b. Television cabinet c. Crock pot slow cooker d. CD/cassette player e. One-half of all of the baskets including the Longerberger baskets and LTD commodities baskets f. Princess house serving bowl, dip bowl, and 4 small glasses g. Cedar chest h. One cream colored quilt with burgundy flowers i. One blue and white quilt j. Snow babies collection k. One-half of candles 1. 27' television M. DVD player n. Wooden bench o. Two dark wooden dressers p. Gazelle exercise equipment q. White outdoor loveseat r. One blue and white quilt 15 S. Bissell vacuum and long handled vacuum t. Mirrored shelf U. Sewing basket v. Plate rack with plate w. Dark wood collage frame with family photos X. Ladder shelf with knick-knacks y. Mini curio with knick-knacks Z. Wooden shelf aa. Massage mat bb. Boy and girl statue cc. Candle box dd. Roasting pan ee. Black oval roaster ff. Yellow strainer gg. Personal paperwork in filing cabinet hh. All of the Christmas decorations except those belonging to Husband's son, Blair, and the sports related items. 16 EXHIBIT "B" Below is a list of items that shall become the sole and separate personal property of Husband: a. Curio cabinet with glass sides b. Silverware C. All of the towels in better condition d. New sheet set e. One-half of the candles f. Two round tables with glass tops g. Day bed and associated bedding In. Computer, computer desk & black chair i. Photo printer j. Bedroom carousel horses k. One-half of all of the baskets including the Longerberger baskets and LTD commodities baskets 1. The Christmas decorations that belong to Husband's son, Blair, and the sports related items. M. Wall sconces on wall across from fireplace n. White television stand o. Blue recliner p. Love seat 17 ?? r-.' =;t C ? ?t ?" ?'t f., ?? '... ?? ?r} .+! G? RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3373 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on July 1, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 without formal notice of the intention to request entry of a divorce decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Star. § 4904, relating to unworn falsification to authorities. Date: g / A Ronald E. Houck, Jr. ?, _ `-?? .- r ? ? .J _ !; `1 ill .-- _,1 - °1 _. ?e (,' _';: T? C_ ~ RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3373 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: &-5k? T??=1??+C Ronald E. Houck, Jr. ",? (]J RONALD E. HOUCK, JR., Plaintiff vs. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3373 CIVIL TERM CIVIL ACTION - LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July], 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: tg 30-o'l, Signature: 142, A u? A.Jea' ouck ?...J t `? ? ? 1 ? ') _.: _ _S.. 1 _ fti' V RONALD E. HOUCK, JR., Plaintiff vs. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3373 CIVIL TERM CIVIL ACTION - LAW DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TAE. DIVORCE CODE 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 expenses 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 3b O? Signature: A.Je ouck '1 tv 'i7 ?l s t ? ? 1 ?-: .. (\) _.?. C'? RONALD E. HOUCK, JR., Plaintiff vs. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3373 CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD 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 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: First Class and Certified Mail. Return Receipt card attached hereto as part of the record. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 8-15-06 ; by Defendant 8-30-06 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 9-7-06 ; by Defendant 9-7-06 Respectfully submitted, Date:ci aU 5 "l? ?etpC? Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 r ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front it space permits. 1. Article Addressed to: `` 1u5. Sty..- + b u C zY --Z> r. -L) 1 ?lsb?.s 40 -A { A. X fi. 0 Agent Name) 1? 1 C. Date of Delivery 0. Is d@Kery address dif If YES, enter delivery n item 1? U Yea below: 0 No 3. Service Type L,AUennied Mall 0 Express Mail ? Registered 0 Return Receipt for Merchandise 4. ResWed Delivery? (Extra Fee) 0 Yes 2. Article Number 7003 0500 0004 2289 9986 (fiarrsfer )rom service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02 M-1540 r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. RONALD E. HOUCK, JR. 05-3373 Plaintiff 11 No. VERSUS A. JEAN HOUCK, Defendant DECREE IN DIVORCE AND NOW, , IT IS ORDERED AND RONALD E. HOUCK JR., DECREED THAT A. JEAN HOUCK AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A Marital Settlement Agreement executed by the parties is incorporated herein but shall not merge. PROTHONOTARY ????? ? ? . ?: s RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3373 : CIVIL ACTION -LAW : DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Jeannd B. Costopoulos, Esquire, attorney of record for Defendant, A. Jean Houck, and respectfully represents the following in support of this Petition: Petitioner is undersigned counsel, Jeann6 B. Costopoulos, Esquire, attorney of record for Defendant, A. Jean Houck, in the above-captioned case. 2. 3. 4. 5. 6. 7. Defendant is A. Jean Houck, currently residing at 24 Clemens Drive, Dillsburg, York County, Pennsylvania, 17019. A Complaint in Divorce was filed with this Honorable Court on behalf of Plaintiff on or about July 1, 2005, thereby instituting the above-captioned divorce action. The parties entered into a comprehensive settlement agreement dated August 20, 2007. A Decree in Divorce was issued on September 13, 2006, which incorporated, but not merge, the parties settlement agreement. Petitioner anticipates additional proceedings regarding enforcement of the parties' settlement agreement. Petitioner asks to withdraw her appearance from Defendant's case, because Defendant has not retained her to represent her beyond the issuance of a Decree in Divorce. WHEREFORE, Petitioner Jeanne B. Costopoulos, Esquire, respectfully requests this Honorable Court to permit her to withdraw as counsel from Defendant's case. Respectfully Submitted: Dated: 0 7/d7 By: JEANA B. COSTOPOULO , QUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Jeannd B. Costopoulos, 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 of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: 'r(2 -'f 0?7 Signature: Jeannd B. Costopoulos, Eli RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. . No. 05-3373 A. JEAN HOUCK, : CIVIL ACTION - LAW Defendant : DIVORCE CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: A. Jean Houck 24 Clemens Drive Dillsburg, PA 17019 Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 By: JEANNE B. COSTOPO ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: ?(z e d7 KYr Its, 1 4--` ..nom . `? wt i . A > . AUG S 92007 0/ RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3373 CIVIL ACTION -LAW DIVORCE ORDER OF COURT AND NOW, this day of , 2007, a Rule is hereby issued on both parties to show cause why the attached Petition to Withdraw as Counsel should not be granted. Rule returnable ? days from service. J. Distribution: A. Jean Houck 24 Clemens Drive Dillsburg, PA 17019 Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 c.? y.36-07 L?_ Jeannd B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 to v;1 i,.? f J(4 90 =8 V 0£ nV LOOZ 3'Hi JO RONALD E. HOUCK, JR., Plaintiff V. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-3373 : CIVIL ACTION -LAW : DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, the Petitioner, Jeanne B. Costopoulos, Esquire, makes the following Motion to Make Rule Absolute: 1. Petitioner, Jeanne B. Costopoulos, Esquire, filed a Petition to Withdraw as Counsel for Defendant on August 28, 2007. 2. A Rule was issued on both parties on August 29, 2007, by the Honorable Edward E. Guido, to show cause why the Petition should not be granted. The Rule was returnable 20 days from service. 3. Petitioner served both the Petition and Rule on Defendant, A. Jean Houck, by sending via restricted certified mail on September 25, 2007. (See attached Exhibit A - Affidavit of Service). 4. Petitioner served both the Petition and Rule on Plaintiff's counsel, Mindy S. Goodman, Esquire, via certified mail on September 13, 2007. (See attached Exhibit B - Affidavit of Service) 5. Neither party has filed response to the Petition to Withdraw as Counsel for Defendant and more than 20 days have elapsed since service of the Petition and Rule upon both parties. WHEREFORE, the undersigned respectfully requests this Honorable Court to grant her leave to withdraw as counsel for Defendant, A. Jean Houck. Respectfully Submitted: By: JEXNNE B. COSTOPOULOS, E ARE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: to /,I/ ?U -7 RONALD E. HOUCK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, : CIVIL ACTION -LAW Defendant : DIVORCE AFFIDAVIT OF SERVICE I, Jeannd B. Costopoulos, Esquire, verify that the attached Order of Court was served upon Defendant, A. Jean Houck, on September 25, 2007, by first class, Certified Mail No. 7000 1530 0001600193 19, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. §1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. By: JEANNE B. COSTOPOULOS, ESQ-tW Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Dated: o6 l l /01 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 41 1. Article Addressed to: ?a tk Lio-- c' a Cu-s+ 5 rp-z --- be CkO'A i c,Sho r), PA- I-7 0SS 6353 A. Repeived by (Please Print Clearly) 18. Date of Delivery Signature X 14-C-011 ? Agent ?•!'?'1 ? Addressee: D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type - K. dified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise 4 Resficted Delivery? (Extra Fee) AIT-Y IL 2. Article Number -7O 0 0 1 S 3o VM OOI 600( (Transfer from service label) l PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, CIVIL ACTION -LAW Defendant DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the attached Order of Court was served upon Plaintiff's counsel of record, Mindy S. Goodman, Esquire, on September 13, 2007, by first class, Certified Mail No. 70001530 0001 6002 0865, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: JEANN B. COSTOPOULOS, ES Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Dated: l D l 3/ ?cf A. Received by (Please Print Clearly) B. Date of Delivery `67 C. Signature ? Agent .?.tJ ? Addreesss delivery address different from item 1? ? Yes YES, enter delivery address below: ? No Z 215' 6p'2 J5 3. Service Type r f- -'7 1d'Eertified Mail ? Express Mail ?"? a I Sp ur?) p? (? j ? Registered ? Return Receipt for MercharkiLm J ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7 4 ?S ?jO OcV^ 1 / LiO01 6 (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 f Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: M f), d ? ?-' ?"Ow IV a ?40 4j"-d omit- C' A*r RONALD E. HOUCK, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, CIVIL ACTION -LAW Defendant DIVORCE VERIFICATION I, Jeanne B. Costopoulos, 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 of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ? Date: 66 Signature: Jeann . Costopoulos, Esquire RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, : CIVIL ACTION -LAW Defendant : DIVORCE CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed to the following individuals: A. Jean Houck 34 W. Locust Street Mechanicsburg, PA 17055-6353 Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 By: PkISt B. COSTOPOULOS, ES RE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Dated: 166 j (?? r r t Hov of RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 05-3373 A. JEAN HOUCK, CIVIL ACTION -LAW Defendant DIVORCE ORDER OF COURT AND NOW, this, day of )''L' , 2007, upon consideration of Jeanne B. Costopoulos' Petition to Withdraw as Counsel and Petition to Make Rule Absolute, it is hereby Ordered that Jeanne B. Costopoulos Esquire, is granted leave to withdraw as counsel for Defendant,A. Jean Houck. B COURT: Edward E. Guido, J. Distribution: ?A. Jean Houck 34 W. Locust Street Mechanicsburg, PA 17055-6353 ? Mindy S. Goodman, Esquire Northwood Office Center 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 C?i QS M`1 t LCX'L ll/&fog RONALD E. HOUCK, JR., Plaintiff vs. A. JEAN HOUCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3373 Civil Action - Law Divorce STIPULATION AND AGREEMENT AND NOW, this Z day of 2008, the parties, Ronald E. Houck, Jr., Plaintiff, and A. Jean Houck, Defendant, do hereby Stipulate and Agree as follows: 1. The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this court has personal jurisdiction over the paries. The parties were married on March 6, 1993 and divorced September 13, 2006. 2. Armenta Jean Houck, also known as A. Jean Houck, hereinafter referred to as "Member," is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System, hereinafter referred to "SERS." 3. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. §§ 5101-5956 ("Retirement Code") 4. Ronald E. Houck, Jr., hereinafter referred to as "Alternate Payee," is the former spouse of Member. 1 5. The name, last known address, social security number and date of birth of the "Member" are as follows: Name: Armenta Jean Houck ("Member") Address: 34 W. Locust Street, Mechanicsburg, PA 17055 Social Security Number: 165-52-9819 Date of Birth: September 30, 1957 6. The name, last known address, social security number and date of birth of the "Alternate Payee" are as follows: Name: Ronald E. Houck, Jr. ("Alternate Payee") Address: 301 Cheryl Avenue, Mechanicsburg, PA 17055 Social Security Number: 179-54-4247 Date of Birth: June 26, 1962 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals (1) the Coverture Fraction multiplied by (2) the Member's retirement benefit as of May 22, 2005. (b) The Coverture Fraction is a fraction with a value less than or equal to one. The numerator shall equal the amount of Member's credited service for the period from March 6, 1993 to May 22, 2005. The denominator shall equal the amount of Member's service for the period from the date the Member became a Participant in the SERS to May 22,2005 (c) Fifty Percent (50%) of the marital property component of Member's retirement benefit, credited with the statutory rate of interest, is to be 2 allocated to Alternate Payee for the purpose of equitable distribution of this marital asset. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from post-separation monetary contributions made by Member. 9. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later." 10. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion in Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the 3 Retirement board, or his authorized representative of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by the Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by the Member prior to Member's death (i) predates any approved Domestic Relatons Order incorporating this Stipulation and Agreement, and (ii) names Alternate Payee as a beneficiary, then (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if the Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to the Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to the Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 4 11. The type and amount of Member's retirement benefit payable under the terms of this Stipulation and Agremeent after its entry as a Domestic Relations Order acceptable to SERS is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement Allowance with SERS. 12. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 13. In the event of the death of the Alternate Payee prior to or after receipt of any payments payable to him from SERS under the terms of this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution interest in Member's retirement benefit as set forth in Paragraphs Seven through Ten above. 14. In no event shall Alternate Payee have greater benefits or right other than those which are available to Member. Alternate Payee is not entitled to any benefit no otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offers by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted 5 to Alternate Payee are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. Section 1311, et seq. 15. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code. (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increased based on other than actuarial values. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend any Domestic Relations order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any 6 option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 18. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by SERS and shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hand and seals. Date: Date: ' 1 Date: ' / ? " u `f Armenta Jean H ck, Defendant/ Member, Pro Se onald E. Houck, Jr., Plaintiff /Alternate Payee Mindy S. Goodman, Attorney for Plaintiff/Alternate Payee 7 n ~' t C_:i 0 JUN 0 62008 RONALD E. HOUCK, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3373 A. JEAN HOUCK, : Civil Action - Law Defendant : Divorce DOMESTIC RELATIONS ORDER AND NOW, this day of , 2008, the attached Stipulation and Agreement entered into by the parties in the above- captioned divorce action and dated May 22, 2008 is here . corporated, but not merged, into this Order of Court. J. ATTEST: w lvtf d NNAIASINMd L 6 :11 WV I I NnP UK KdVIONuH-Lobd 3HI dO 3;)i' n 01311