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HomeMy WebLinkAbout06-5691. ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff v. ROBIN L. HORNE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA . NO. D G • 5G ~i 1 ~~ ~~-- 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is John G. Horne, an adult individual residing at 3300 Market Street, 2nd Floor, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Robin L. Horne, an adult individual residing at 789 Null Road, New Cumberland, York County, Pennsylvania 17070. 3 . Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 13, 1975 in New Cumberland, York County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on August 7, 2006. 7. The parties each had previously filed for divorce in York County. Defendant had filed for divorce in 1987 and Plaintiff had filed for divorce in 1989. Both of these actions were withdrawn. 8. 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. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I -DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with § 3301 of the Pennsylvania Divorce Code. 2 WHEREFORE, Plaintiff, JOHN G. HORNE, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: September ~ ~, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O/ -6~rr/ ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ~ oZly D L Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBIN L. HORNE, Defendant NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, JOHN G. HORNE, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~ O (o ~~ G. HORNE t"'~ C~ _, n,~ ~ ~ c~-. . d:; T ~: n7 ~~ ~ i ~ _~ ~' _' _, \ ~~ ~- ~ .. Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBIN L. HORNE, Defendant NO. 06 - 5691 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sample-Sullivan, Esquire, do hereby certify that I served the Divorce Complaint in the above-captioned matter via by United States Mail, Certified Mail Return Receipt Requested, Certificate No. ?003 0500 0001 6561 3177 on the above-named Defendant, Robin L. Horne on September 30, 2006 at her last known home address of 789 Null Road, New Cumberland, York County, Pennsylvania 17070. The original receipt and return receipt card aze attached hereto as Exhibit "A" . I hereby certify that the facts set forth above aze true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein aze subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworsi~rlcation to authorities. Dated: October `~ , 2006 Bazbaz`a~ple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff d Y ~~ U.S. Postal ServiceT~, CERTIFIED MAILr~~ RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com® ~ ~ !~Ufit~}p~C:tiM _n b' rrt .try'.+~, t J -~ Postage $ L'J -~ B F \ ~ ri C7 Certified Fee ~?.4C4 --~ C V ~ c ~. \ ~? ?~~ostr ~ 0 Return Reciept Fee 0 (Endorsement Requred) $i , t~ t ~ ( HeE~ j ~'' ~ G" 1 ~Q r ~~ ~ Restricted Delivery Fee p (Endorsement Required) ~ `A~ r ~-~ ~ ~ ?Uo6 ~ '` '' \\\ U it )?lam ~, 0 Total Postage & Fees ~- ~ Sent To YJ; n---~- ------rn2 ................... ° - ---------~'S= ----------- ------- f~ Street, Apt. No.; ~ t/ _ or PO Box No. ~~O ---------------------------- - Ciry, State, Z/P+~~ n 1.. _ ~ ~_ }~b ~ r r r W~t'1N~ ~i ^ Complete items 1, 2, and 3. Also complete feetrt 4 ff Restricted DeNvery fs 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. A. Sid re !lY X ~ ~~ Addressee 8, by { Pd ~ of Delivery D. is delivery address d from Item 1? ^ Yes If YF~, enter delivery address below: ^ No 3. Service type ~ Certli(leed Mail D F Mall 1 '1~~ ~ ~ Regtstared ^ Return Receipt fo- Merchandise ^ Insured MaU O C.O.D. hE'?~~Y~ 17~ tisl ^ bbe 2. ArdcleNumt~ 7DD3 D5DD DDD1 6561 3177 (/farrstisr from serwtce ~ _ ,_ PS Form 3811, February 2004 Dortrestlc ReEum ReoNpt fazses-o2'M'isn° 1. Article Addressed to: I 1 '~l5. 1 ~~rn ~.,• t~a~'t1Q EXHIBIT "A" r""1 ~ C.7 cr _~ .~-r-6 ~~ +^-, -C3 ~, '- ...- ~+~ ':l. _..~ 1~ __ w. w Elizabeth A. DiTomasso, Esquire Supreme Court ID #204342 Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 (717) 774-1357 JOHN G. HORNE IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06-5691 Civil Term ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO PLEAD TO: John G. Horne c/o Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 You are hereby notified to plead to the enclosed Answer and Counterclaim within twenty (20) days from service hereof or a default of judgment may be entered against you. Date: ~ ) ~ ~~ Respectfully submitted, Elizabeth A. uire PA ID # 204342 Hynum Law 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for Defends r' Elizabeth A. DiTomasso, Esquire Supreme Court ID #204342 Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 (717)774-1357 JOHN G. HORNE, Plaintiff v. ROBIN L. HORNE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5691 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM 1. It is admitted that Plaintiff is John G. Horne, an adult individual. The remaining averments of paragraph 1 are denied. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. { COUNT I -DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, are incorporated herein by reference thereto. 11. Admitted. COUNTERCLAIM 12. The averments in paragraphs 1 through 11, inclusive, are incorporated herein by reference thereto. 13. Defendant requests that the court award Alimony under Section 3701 of the Domestic Relations Code. 14. Defendant lacks sufficient property to provide for her reasonable means and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 15. During the marriage the parties acquired marital property, assets and debts which Defendant requests the court equitably distribute and assign. WHEREFORE, Defendant requests the Court to enter an award of Alimony in her favor and equitably distribute marital property, assets and debts. Respectfully submitted, Date: 3 I~ Elizabeth A. DiTomasso, Esquire Supreme Court ID #204342 Hynum Law 315 Bridge St., Lower Level New Cumberland, PA 17070 Attorney for Defendant Rx date%Time MAR-16-Z007(FRI) 08:07 717 691 6681 ~ 03/16/2007 08:14 FAQ 717 691 6681 DELTA DENTAL Elizabeth A. DiTomasso, Esquire Supreme Court ID #244342 L.avv 315 Bridge St., Lower Level New Cumberland, PA 17070 (717)774-1357 P. 00'1 C~oo2/002 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.06-5691 Civil Term ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION 1, ROBIN L. HORNE, hereby certify that the facts set forth in the foregoing ANSWER AND COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any fare statements made herein are subject .~ to penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. ~~ Date: ~ " /r!o - o?DD~' ~ ~ ~. Robin L. Home ~ ~ ~ c -.. ~ ..... c~,.~ r d ~ ~ r-- ~' N L ~„ ~ ;,.~; ,~_ .,: . ~:~ : ,,~, -.~ ~ ,, :~ M~ ~` ~ ,x Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 5691 ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE ANSWER OF PLAINTIFF TO DEFENDANT'S COUNTERCLAIM 12. The averments of paragraphs 1 though 11 are incorporated herein by reference. 13. Denied. It is denied that the factual circumstances of the Defendant justify the award of alimony in this matter. 14. Denied. It is denied that Defendant Lacks sufficient property to provide for her reasonable means and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 15. Admitted. WHEREFORE, Plaintiff requests that the court make an equitable distribution award of marital assets but make no finding of an award of alimony. Dated: March 21, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff v. ROBIN L. HORNE, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 5691 CNIL ACTION -LAW IN DNORCE VERIFICATION I, JOHN G. HORNE, hereby certify that the facts set forth in the foregoing ANSWER TO COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated• , 2007 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBiN L. HORNE, Defendant NO. 06 - 5691 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE 1, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Plaintiffls Answer to Defendant's Counterclaim, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Elizabeth A. DiTomasso, Esquire Hynum Law Office 315 Bridge Street, Lower Level New Cumberland, PA 17070 DATE: March 21, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff ~ n ,~, ~ -+~, ~'. ..~ =~ ' ~ -t~ ~-G`? c . ¢'_ ~ ~ -~ f . " -'4 '- ~ -s~s ~ ' ~, ~ ~ ~ ~' `? J r i.,- ~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thi day of , 2007, by and between JOHN G. HORNE, hereinafter referred to as "HUSBAND", and ROBIN L. HORNE, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 13, 1975, in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, no minor children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3}the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for 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: 05/22/07 SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Michael A. Hyrum, Esquire, but has discharged his services. WIFE is cognizant of her right to seek new counsel but has chosen not to retain an attorney notwithstanding the fact that attorney for HUSBAND has told her that she has an absolute right to be represented by an attorney. WIFE has chosen instead to negotiate directly with counsel and/or with her HUSBAND. WIFE hereby acknowledges that she has done so willingly and that she fully understands the facts and has been fully informed and understands that, had a Court decided this matter, she may have received more or less than is provided for in this Agreement. WIFE knowingly waives her rights, if any, to utilize the lack of her legal representation as a basis to attack the validity of this Agreement. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each parry acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their. respective 05/22/07 2 financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and 05/22/07 accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This os/22/o~ 4 Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges 05/22!07 the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABII.ITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILTI'Y If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 05/22/07 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as maybe available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. OS/22/07 '7 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14, TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of HUSBAND. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, clothes, furniture, and other assets. WIFE agrees that all assets listed on Exhibit A shall be the sole and separate property of HUSBAND and, HUSBAND agrees that all assets listed on Exhibit B shall osi22io~ g be the sole and separate property of WIFE. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. It is further agreed between the parties that the items listed on Exhibit C shall become HUSBAND's sole and separate property. HUSBAND shall pay to WIFE the sum of SEVEN HUNDRED DOLLARS ($700.00} from his share of the house proceeds. If HUSBAND does not make the payment, these items shall become the sole property of WIFE. It is fi rther agreed that HUSBAND will devise by gift or bequest all items listed on Exhibit D of this Agreement to the parties' son, John G. Horne, Jr. B. REAL ESTATE The parties jointly own property at 789 Null Road, New Cumberland, PA 17070. Said house is encumbered by a home equity loan held by Member's First (Acct. No. 18560:05) in the approximate amount of FORTY-FOUR THOUSAND DOLLARS ($44,000.00). The house is subject to a contract for sale at a contract price of ONE HUNDRED SEVENTY-NINE THOUSAND NINE HUNDRED DOLLARS ($179,900.00) and closing is scheduled for May 22, 200?. The parties agree that after the satisfaction of the home equity loan, all costs of sale, and any and all repair costs which maybe required to correct existing sewer and radon problems with the home, the parties agree that the net proceeds shall be divided equally between them. It is further agreed that HUSBAND shall reimburse WIFE one-half (1/2) of the following out of pocket expenses she incurred for the real estate. These costs are as follows: a) Bill for electric repairs in the amount of $121.55 due and payable to WIFE for 5/22/07 9 reimbursement of bill previously paid by her; b) One-half (1 /2) of the annual house insurance premium of $401.00 or $200.50. (It is further noted that any escrow of service refunds (such as insurance, etc.) received after the date of settlement shall be shared equally between the parties; c) One-half (1/2) real estate mortgage for January, 2007 to May 22, 2007, the date of settlement. (It is further noted that any escrow of service refunds (such as insurance, etc.) received after the date of settlement shall be shared equally between the parties; d) One-half (1/2) Leffler's Furnace repair bill in the amount of $299.00 or $149.50; e) One-half (1/2) of the total real estate taxes paid by WIFE. This consists of: $743.01 or $371.50 and one-half (1/2) of $1,433.93 or $716.97; and fj One-half (1/2) refuse bill in the amount of $51.00 or $25.50. WIFE agrees to maintain the home in good condition and acknowledges that she will be responsible for all routine maintenance, as it may be needed until settlement. Routine maintenance includes, but is not limited to, snow removal, house cleaning and yard maintenance. In the event repairs are required to be made for the home, the costs thereof shall be shared equally. In the event that the sales contract does not successfully settle, the parties agree that they shall continue to market same and to share the monthly mortgage, tax and insurance costs for the home equally until the time of sale. WIFE shall have the right to live in the home without payment of rental due and owing to HUSBAND but she shall be solely responsible for all utilities, upkeep, However, WIFE shall cooperate fully with the listing and sale of the home and 5/22/07 10 shall execute any documents necessary to carry out the intent of this paragraph. The parties agree that no reasonable offer (within 5% of the listing price) for the purchase of the home will be rejected. If, after a period of three (3) months, the property has not sold, HUSBAND and WIFE agree that the listing price shall be lowered to an amount to be suggested by the realtor, and agreed upon by the parties or ordered by the Court, based on the market conditions at the time of the reduction. C. MOTOR VEffiCLES The parties acquired two (2) vehicles during the marriage being a 2005 Honda Pilot and a 1997 Ford Escort. Neither of these vehicles are presently encumbered by any loan or lien. HUSBAND shall receive and be the sole owner of the 1997 Escort. WIFE shall receive and be the sole owner of the 2005 Honda Pilot. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the mamage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. E. PENSION AND RETIRMENT ACCOUNTS: 1) Wife's FERS Pension: During the marriage, WIFE accumulated certain retirement benefits through the Federal Employee Retirement System from her employment with the Federal 5/22!07 11 Government. These benefits consist of an annuity in the present amount of ONE THOUSAND EIGHTY-SIX DOLLARS ($1,086.00) per month. WIFE has received all monthly payments from the date of separation to the date of this agreement which total NINE THOUSAND SIX HUNDRED FOUR DOLLARS ($9,604.00). In consideration of WIFE'S agreement regarding support, APL and alimony included in Section II, paragraph 1 of this agreement, HUSBAND waives his right to receive any share of any past monthly benefits received by WIFE since separation or future benefits received by WIFE. 2) Erie Individual Retirement Accounts: HUSBAND and WIFE each are the owners of Erie Individual Retirement Accounts. Each shall retain their respective account and waive any claim to the other's account. 3) Delta Dental 401(k): WIFE shall retain her Delta Dental 401(k) and HUSBAND waives any claim in said account. F. INSURANCE The parties confirm that no insurance exists which has any cash value. G. CASH PAYMENT TO WIFE HUSBAND will pay WIFE the sum of Two Thousand Dollars ($2,000.00) from the proceeds of his share at settlement. 5/22/07 12 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the parties' knowledge, the parties affirm no joint debts exist and all joint credit cards are terminated. The parties agree to close the Lowe's credit card account. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. 5/22/07 13 WIFE had commenced a support action in York County which was transferred to Cumberland County PACSES No. 585108791. WIFE has withdrawn said action by Order of Court dated May 15, 2007. HUSBAND further agrees to pay toward WIFE's outstanding legal fee with the Hynum Law Office of One Thousand Three Hundred Seventy-one Dollars and 451100 ($1,371.45). SECTION N 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed 5/22/07 14 L_. L_4t _.._..._.... ROBIN L. HORNE COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JOHN G. HORNS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. ed and subscribed to before me this O ARY PUBLIC My commission expires: da f y o May, 2007. NOTARIAL SEAL LINDA L. McBETH, Notary Public ~SE~~,Hill Boro Cumberland County My Commission Expires September 27, 2008 COMMONWEALTH OF ENN YLVA COUNTY OF SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ROBIN L. HORNS, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her~knowledge, information and belief. /w' ed and subscribed to before me this day of May, 2007. NO ARY PUBLIC My commission expires: (SEAL) NOTARIAL SEAL LINDA L. McBETH, Notary Public Camp Hill Boro Cumberland County My Commission Expires September 27, 2008 5/22/07 15 Exhibit A to Horne Marital Settlement Agreement Items to be the property of HUSBAND: 1) .All furniture which had been his Mother's; 2) Washer and Dryer; 3) Freezer; 4) Grandmother's dresser; 5) Mirror; 6) Guns (pre-marital and marital); 7) Tools (Premarital and marital); S) Dining Room Furniture; 9) Hutch built by client; and 10)Record albums divided mutually between Husband and Wife. Exhibit B to Horne Marital Settlement Agreement Items to be the property of WIFE: 1) Small roto-tiller; 2) Princess House collection; 3) Boyd Bears Collection; 4) Wife's parent's furniture; 5) Two (2) cedar chests; 6) Refrigerator; 7) Antique mirror; 8) Three (3) antique sewing machines; and 9) Record albums divided mutually between Husband and Wife. Ezhibit C to Marital Settlement Agreement 1) Compressor; 2) Generator; 3) Snow Blower; 4) Large roto-tiller; and 5) Power washer. Exhibit D to Marital Settlement Agreement 1) All guns owned by Husband; 2) Husband's family furniture as previously gifted to him by Husband's mother; 3) EX1Stmg llfe ulsuranCe pollCleS, if any; and 4) Existing 401(K) retirement benefits, if any. Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBIN L. HORNE, Defendant NO. 06 - 5691 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 28, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 'S a~- J G. Horne r-? :' ~..~ ~::ly °-1~~ F..... .,_....~ ,~-'.~ r i .- .. .-{ l~' t' ~` L~uT ~~ _ty ~", 4 ~~~ ~' ..1 (.~ ~°. . .. ~ m Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA. v. NO. 06 - 5691 ROBIN L. HORNS, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE 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. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: 5I ~b~ ~~ Johnl (I. Horne ~` Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBIN L. HORNE, Defendant NO. 06 - 5691 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 28, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. U/ ~ DATE: ~'~°~ Robin L. Horne f ~ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ROBIN L. HORNE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this~~ day of , 2007. O ARY PUBLIC My Commission Expires: NOTARIAL SEAL (SEAL) LINDA L. McBETH, Notary Public Camp Hill Boro Cumberland County My Commission Expires September 27, 2008 ~~ ~~ _~ ,._ .~ _:~ . --t r. __ r,,? „' i } S - ;..L~+ _~, ... __. _ ~ . 7 _ k-_ F::. .-~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 5691 ROBIN L. HORNE, :CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE 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. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. X4904 relating to unsworn falsification to authorities. _ Y DATE: ~ °? ~ ~ ~ ~ ~~=-~./ Robin L. Horne COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ROBIN L. HORNE, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33341(c) OF THE DIVORCE CODE are true and correct to the best of her knowledge, information and belief. °°~~ Affirmed and subscribed to before me thisC/'~ day of , 2007. A Y PUBLIC My Commission Expires: (SEAL) NOTARIAL SEAf_ LINDA L. McBETH, Notary Public Camp HiA Boro Cumberland County My Commission Expires September 27, 2008 ~-..~ "ai ---! (`i ; ~"- rte, _ -,, v ~ ; _ - ~-= ~~ mx ~ _. i., i ~ ,k~ ee^i ~.. .-ice .. { Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 JOHN G. HORNE, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ROBIN L. HORNE, Defendant To the Prothonotary: NO. 06 - 5691 CIVIL ACTION -LAW IN DNORCE PRAECIPE TO TRANSMIT RECORD 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: Certified Mail -Restricted Delivery on September 30, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: May 22, 2007; by Defendant: May 22, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated May 22, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiff s Waiver of Notice in §3301(c) Di May 23, 2007. Date Defendant's Waiver of Notice in Prothonotary: May 23, 2007. Dated: May ~ , 2007 was filed with Prothonotary: 1(c) Divorce was filed with Barbara Sample-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN G. HORNE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06 - 5691 ROBIN L. HORNE, CNIL ACTION -LAW Defendant 1N DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Robin L. Horne 789 Null Road New Cumberland, PA 17070 DATED: Ma ~~2007 y Barbara SKimple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff _. 4 Y - 4.? _~.. .i1 _ r _ ......~ Y ..--~ :.1" -~3 _ ~.~ -~- s_r ` <`; + ~> ; M,a_..y _ ..~.~- 1. t i. j 1 ~ i ...may •-~. I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. >~ . = ~-~ :mHN G HORNS. Plaintiff VERSUS ROBIN L. HORNS, Defendant DECREE IN DIVORCE ~ O 06 - 5691 AND NOW , /j'I~ 3G ` ~ 2007 DECREED THAT JOHN G. HORNS AND ROBIN L. HORNS IT IS ORDERED AND PLAINTIFF, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; A11 matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated May 22, 2007 and incorporated, but not merged, into the Decree. ~ r~°~' '~1~ Lo- s 9