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HomeMy WebLinkAbout94-04062 ,.... -- -"~'I!_~...'~:....'GIf~_~_~~~!C',~~~~~">GID<;- *' ........~ . . : IN THE COURT OF COMMON PLEAS : $ OF CUMBERLAND COUNTY . S '* . : STATE OF ~( . .:r PENNA. : ~ . . ~ 8 ANDREA L. HOUCK, : PLAINTIFF No. .. ....~..,~..q,;2....",,""" 1994 : 8 \'1'1':-;11.0..; _ ~ 8 ~ CHARLES E. HOUCK, . I!I DEFENDANT 8 I, . . . . . " '< ~ . . . 8 . 8 8 8 8 8 ~ ,~ . 111 111 ~ 'I -- -.. ---- :"*' .. .... ->>;. I!I 111 '" " . i 111 8 8 8 8 ~ 8 8 111 ~ DECREE IN DIVORCE AND NOW, ,,~~,'J2-,-~., '. 19,.~4", it is ordered and decreed that, , , , , , ,~NDR,~, 1..', ,~9u9~, , , , , , , , , , , , , , , . , . .. .. , " plaintiff, and, , , .. .. , , , , . . . , ,~~J;:,~~...lfQl,J~!t, , , , , . .. .." . . , .. .., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised o~d in this action for which a final order has not yet been entered, The attached Marriage Settlement Agreement ,~~~~,:t:~~, ~,~tc;>, py, t~,ElP~;r,t~El!lQn, S,ElPt\!!P\l!~~, ~,'1. , ^1I..t:d4'"h~H<''' [' ,k~~ /~...,... & " ti1?"u~ i:! ~h ~.;' U,/W<-j Prothonotary ~ " ~ '. W J, '.' Iii '. . , . 'lie' ':c. '.. ':.:' ,~, .:c. ':.:. '.' ,'*, ':C' ,w., ,ltC, ~ I' I~ I ~ ,ltC, '.' ,w., ':<<. ':.:' ,w., .:.:' ':.:' '*, .w., '. . ~ . , ~GE S~TfLEMENT AGREt:MENT nus AGREEMENT made this NIl' day of September, 1994, Is by and between ANDREA L. HOUCK presently of 1022 Swath more Road, New Cumberland, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and CHARLES E, HOUCK, presently of 107 Old York Road, Apt, 41, New Cumberland, York County, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on November 4, 1984, and one child was born of the marriage. WHEREAS, the date of physical separallon of the parties was August 1,1993; and WHEREAS, the parties have reached an agreement concerning disposition of the various marital assets accumulated by the parties during their marriage, and wish to memorialize that agreement. NOW, TIlEREFORE, in consideration of the premises and of the mutual promises, covenants, and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: '. 0, ~ . . I. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be construed to affect or bar the rlaht of HUSBAND and WIPE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party, This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of any IIct or acts on the part of the other party which has occasioned the disputes or unhappy differences which may occur subsequent to the date hereof. The parties intend to secure a mutual consent no-fault divorce pursuant to the terms of Section 330I(c) of the Divorce Code of 1980, as amended. 2. EWECf OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided her"ln, 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. 3. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement may be incorporated Into any Divorce Decree which may be entered with respect to them. 4. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but, rather, it continues to have independent contractual significance, and each party maintains their contractual remedies. .2- " . ~ ~ ~ 5, DATE OF ED;CUTlON The "Date of Execution" or "Execution Date" of this Agreement shall be defined as tho date of execution of the party last executing this Agreement, 6, I)ISTRlBUTI()N DATE. The transfer of property, funds, and I or documents provided for herein shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement, unless otherwise specified herein. 7. ADVICE OF COUNSEL. The parties hereto declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection in negotiation of, and formalization of this Agreement; that WIFE has been independently represented by Leonard Tintner, Esquire, 31S N. Front Street, Harrisburg, Pennsylvania 17101; and that HUSBAND has the opportunity to be Independently represented by counsel to review this Agreement and enter Into formalization of the Agreement, 8. FlNANCIAL 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. 9. PERSON~ PROPERlY. HUSBAND and WIFE do hereby acknowledge that they have previously divided -3- " . , . . their tanalble penonal property. and that hereafter HUSBAND agrees that all properly that Is presenlly In possession of WIFE. shall be the sole and separate property of WIFE, and WIFE qrees that all property presently in possession of HUSBAND shall be the sole and separate property of HUSBAND. The parties do hereby specifically waive, release, renounce, and forever abandon whatever claims, If any, they may have with respect to their Individual checking and savings accounts and the above Items which shall become the sole and separate property of the other. 10. AFTER-ACOUlRED PROPERlY. Each of the parties shall hereafter own and enjoy, Independently of any claim or right of the other, all Items of property, tangible or Intangible, personal, real or mixed. acquired by him or her after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively. In all respects and for all purposes, as though he or she were unmarried. II. DMSION OF VEHICLES. HUSBAND and WIFE do hereby agree that ownership of vehicles owned by the parties, has been sellled, and that to accomplish that selllement, HUSBAND agrees to transfer registry of the 1990 Orand Am to WIFE If needed, but HUSBAND shall make the payments thereon until paid in full (June 199~). HUSBAND'S vehicle Is presently tilled In his name. As a result of the transfer of the aforementioned vehicle, It shall 4. . , become the sole and separate property of each respectively. 12. DMSION OF REAL ESTATE. The parties are owners of a home situate at 1022 Swarthmore Road, New Cumberland. Cumberland County, Pennsylvania, upon which is constructed a single family dwelling and is referred to as the marital residence. The property has a present fair market value of approximately S8S,OOO.OO, and is subject to an existing first mortgage with Hili Financial Savings Association (now in the name of Bane Boston) with a balance of approximately $31,000.00. The parties agree that legal title to the premises and the home will be conveyed to WIFE, as her sole and separate property, and HUSBAND wiil execute a Deed simultaneously with this Agreement which will be held until the Divorce is final, when same will then be recorded in consideration of receiving from WIFE, the sum of $20,000.00 in cash at settlement. . 13. DISPOSITION OF PENSION PLAN/RETIREMENT. The parties hereto acknowledge that each has a vested interest in a retirement plan sponsored by his or her respective employer. Therefore, each waives any right, title, or interest that he or she may have in the other's retirement plan. 14. w.. The parties agree hereto that HUSBAND has in his own name an IRA valued at approximately SI0,ooo.00. WIFE agrees to waive all of her right, title and interest to same in consideration of HUSBAND accepting $S,OOO.OO less in his share due from the real estate as mentioned in Paragraph 12 above. -S- . 15, WMONY/ ~IMONY PENpENTE LITE. HUSBAND and WIPE agree to waive their right from each other to AlImonyl Alimony Pendente Lite. 16, CIDLD ~UProRT. CUSTODY. VISITATION The parties hereto agree that there shall be joint custody of their daughter, Jesaica C. Houck, born October 12, 1983. Primary custody, however, shall be with WIPE and HUSBAND shall have visitation every other weekend and at such other time as the parties shall agree. HUSBAND shall pay WIFE for support of Jessica C. Houck, the sum of $150.00 per month beginning July, 1995. HUSBAND further agrees to continue to provide hospital and medical coverage for Jessica and her brother, and shall purchase monthly, a $100,00 U ,S, Savings Bond in the name of Jessica C. Houck. HUSBAND shall claim, IU a dependent, Jessica for 1994 Income Taxes: thereafter WIFE shall claim Jessica. 17. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest, and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever, previousiy or in the future received by the other party. 18. WJFJ:'S DEBTS. WIPE represents and warrants to HUSBAND that since the parties' marital -6- " . separation she hu not contacted or Incurred any debtor liability for which HUSBAND or his estate mlsht be responsible, and WIFE further represents and warrants to HUSBAND that she wll\ not incur any debt or liability after the execution of this Agreement for which HUSBAND or his estate might be responsible. WIFE shall Indemnify and save harmless HUSBAND from any and all claims or demands made aplnst him by reuon of debts or obligations incurred by her, 19. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contacted or Incurred any debtor lIablHty for which WIFE or her estate might be responsible. and HUSBAND further represents and warrants to WIFE that he will not Incur any debt or liability after the execution of this Agreement for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save harmless WIFE from any and all claims or demands made against her by reuon of debts or obligations Incurred by him. HUSBAND agrees to assume all the payments of his debts owed on his credit cards Incurred prior to separation. 20, BANKRUPftl:. The parties hereto agree that the provisions of the Instant Agreement shall not be dischargeable In bankruptcy, and expressly agree to reaffirm any and all obligations contained herein. -7- . 21. n~~ WUIT~LE PISTRlBUTION OF PROPE,TV. The parties agree that the division of all property set forth in this Agreement is equitable. and in the event on action in divorce is commenced. both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent. understanding, and agreement of the parties that this Agreement is a filII, final. complete and equitable property division. 22. WAIVER OF COUNSEL FEES AND COSTS. The parties hereto agree to. and do hereby waive any right and I or claim they may have. both no and in the future. against the other for counsel fees and costs. 23. PERSONAIt RlGIITS. HUSBAND and WIFE may and shall. at all times hereafter. live separate and apart, They shall be free from any control, restraint. interference or authority, direct or indirect. by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they 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 other may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb. or malign each other or the respective family of each other. nor compel or allempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. -8. " . 24. YUTUAL RELEASE, HUSBAND and WIFE each do hereby mutually remise, release, quitclaim, and foreve~ discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right, title and interests, or claims in or against the property (Including Income and gain from property hereafter aC(ruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or claims in the nature of dower or curtesy, or widow's or widower'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 (a) the Commonwealth of Pennsylvania; (b) State, Commonwealth or territory of the United States; (c) any other country, or any rights which either party may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution or costs of expenses, whether arising as a result of the martial relation, or otherwise, except and only except, all rights, and agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intentlon of HUSBAND and WIFE to give each other by the execution of this -9. Aareement a (ull, complete, and general release with respect to any and all property of any kind or nature, real, personal or mbed, which the other now owns or may hereafter acquire, except and only except, all rights, agreements, and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach o( any provisions thereof. 2~, WAIVER OR MODlFlCAll0N TO BE IN WRITING. No modification or waiver of any o( the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof, or default hereunder, shall be deemed a waiver of any subsequent default of the same or similar nature. 26. MUTUAL COOPERATION. Each party shall, at any time, from time to time hereafter, take any and all steps and execute, acknowledge, and deliver to the other party any and all further Instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. HUSBAND will execute a deed at the time of the Cllecutlon of this Agreement to WIFE for his share of the aforementioned realty as aforesaid. 27. AGREEMENT BIISDING ON HEIRS. This Agreement shall be binding, and shall Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. .10- 28. 1NTEG~110N. This Agreement constitutes the entire understanding of the parties, and supersedes any and all prior agreements and ncgotlatlons betwecn them. There are no representations or warranties other than those cllpressly sct forth herein. 29. O1lIER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least 20 days after demand therefor), ellecute any and all written Instruments, assignments, releases, satisfactions, deeds, notes. stock certificates. or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree, should be so ellecuted In order to carry out fully and effectively the terms of this Agreement. 30. NO WAIVER OF DEFAULT. 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 any of the provisions of this Agreement shall In no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 31. BREACH. If either party breaches Rny provision of this Agreement. the other party shall -11- have the rlaht, at his or her election, to sue In law or In equity to enforce any rlahll and remedies which the party may have, and the party breachlna this Aareement shall be relponslble for the reasonable leaal fees and costs Incurred by the other In enforclna his or her rlahll under this Aareement. 32. 5~VERA8IL11Y. If any term, condition, clause, or provision of this Asreementshall 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 Aareement, and In all other respects this Asreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obllaations under anyone or more of the parasraphs herein, with the exception of the satisfaction of the conditions precedent, shall In no way void or alter the remainina obligations or the parties, 33. LAW OF PENNSYLVANIA APPLICABLE. This Aareement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 34. ~DlNGS NOT PART OF AGREEMENT. Any headin.. precedina the text of the several paraaraphs and subparasraphs hereof, are inserted solely (or convenience o( reference, and shall not constitute a part of this Asreement, nor shall they affect Its meanina, construction or effect. -12- 'IT ...' . t...., e .~~:!~; 0'11 ;.... <;: ,;: ~~ ~) "" , -:J- :lj .r-:i ? , . of ~ , ,l,. ~ ,',,1';/: .:1" l,'l -'it " ., ,,'.' ..~ < s~ l>.~ Zffi ~l>. o .. ~ ~~ :3 E- 8 ... r~ ..... :::>'"' 0 o~ ~ u..... ~ ""~ ~ :~o~ ~..e:zu f:: .... tf~ 5:3 rr:P-o . - os '" ~ '" '0 \ . \,'"'") ~ ~{', .......... <', ,) , -r) ....... \)) .~ ~ {f::) \ ~ ~ ~ .'::5 r4 .'-J t>' K ""V -{ ) ~ 'j , .... ~e~\\' ~- "'~) :> ~ .S ij~ :::>"' [E~ i ~ ~ ~ 15 5;.... ....v ;:'i::' ~E . W " 0' o-l 0' ;ii U .' "j-I'f) ~ 00 Ft~ i\ - ~i: ,) ~ "1 rn "" l" '-:) ~ d(l ~ d ~ ~ ~pi ffi I E ~ ~ Q i:tl ~ ~ r" - I \: " I . Leonard TlnlDer, Esquire SuplllIDe Courll. D, No. 52655 BOSWELL, SNYDER, TINTNER cl PICCOLA 315 Nortb Frool Slreel P. 0, BOlL 741 Harrlaburll, PA 17108.0741 Telcpbone: (717) 236-9377 Fmilllllc: (717) 236-9316 Allomcy for Plalnlllf ANDREA L HOUCK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNlY, PENNA. : NO. t74 ~((I') (11ll.( ~.J ~A_V"'-" : CML ACTION - LAW v. CHARLES E. HOUCK, Defendant IN DIVORCE NaDCE TO DEFEND AN}) CLAIM RlGIIIS. YOU HAVE Hi-EN 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 )'Ou fail to do so, the case may proceed without you and a decree of divorce or annul- ment may be entered against you by the Court, A judgment may also be entered against )'Ou 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 )'Our children. When the ground for divorce is indignities or irretrievable breakdown of the marrlage,)'Ou may request marriage counseling. A list of marriage counselors Is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, You are advised that this list Is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by)'Ou and )'Our spouse. If you desire to pursue counseling you must make your request for counseling within TWENlY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of )'Our right to request counseling. " .' , ~ .' I