HomeMy WebLinkAbout95-04318
.
-~.~.~~..._-~~-~~~.~~*~~*~*~_.~
* .__,_~A'__"_.." _ . _ "..,'. .,~,,_._.,__ .... ,,' ,. 'H, ,,, . . . .., ..,.. ....... . .,,--"'~.._--,.. .
. .
~ IN THE COURT OF COMMON PLEAS ·
8 .
. OF CUMBERLAND COUNTY .
. * *
: STATE OF ~\~ ,,;~ PENNA. :
* .
. *
8 Susan P. Heranie, l'\ (),95d3J,IL""" 19 .
iii Plaintiff "
~ Civil Term ~
* Vl'!':';!l:; *
8 Frederick S, lIoranie, .
. Defendant .
8 .
~ ~
. .
. DECREE IN .
:1 0 I V 0 R C E :
: AND NOW, .. .. .. " . .. .. 1....~" . /.~.. '" 19 ~,7" '" It is ordered and 8
" 'I' S
. decreed that . .~l1f\qn ,P,. JIQ:t:anic , . . . , . . . . . . . . . , . . . . . . . , , . . . , . . ., plaintiff, 8
. and . fre<;l~.ick. S.. ~or<l\1ic.. .. " . " " .. .. .. . .. .. " .. .. .. .. .. " defendant, .
. are divorced from the bonds of matrimony, 8
. ~
. 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; '.
I!I '"
"
~
.
.
.
.
.
.
~
U-_-~.:-..
., T.~~, ~~.t.~c:h!!? ,PJ;"oP.lC~~Y S.lCtpe,ll)E!':l~. .I\<J~!'!!2.l1]~':l~. .i.!j. ~fl.e.qJ;"P9.r.'1~f-9....
,. p,u,t; . (lP.t. ,l\Ierg.~d. ~P, .the. Pecre.e. ,io, D.ivorc,e..,.....,.,.......,......,
n y T h~. Co U r t : /
--/\ t I' /l j,Ie-
AII..t.,G! J-' I" /, I,,/P /:;J. 7/ -./ J,
(,""'~..~ <<,'<.'; ( "-,1"(.4"1.,' ;'l...-r-.->ot"""t'-,,>
. . /-., ~
:r./~,((IC~ ,r ..J-.;~ ~
t/ rothonotnry
18
'8
w
.,
'"
"
!8
~~
I'
,'';'
"
~
"
. ... '... '. .:t(. .:.;. .:.:. .:+:. .:+:. .:.:. .:.:. .:.:. .:+:.
. d' .' ,~
.:.:. .:.:. .:+;. .:.:. .:.:. .:+:. .:.:. .:.:. .:.:. .:<<.
."
~
t~~y
PROPERTY SETTLEMENT AGREEMENT
"
THIS AGRIIIBMENT made thlS l. 'I day of J..:,., , 199'f,
by and between FREDERICK S. HORANIC of 209 Holid;,ly Avenue,
Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter
referred to as "Husband"), and SUSAN P. HORANIC formerly of 3603
Alberta Avenue. Mechanicsb~rg, Cumberland County, Pennsylvania
(hereinafter' refened to as "'Ilife"),
WI'l'NESSETHt
WHEREAS, Husband and Wife wer.e lawfully married on December 3,
1988, and;
WHEREAS, no children have been conceived of this marriage; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they have been separate and apart from each
other; and
WHEREAS, Husband and Wife desire to settle and determine their
rights, and obliga~ions; and
NOW THEREFORE, the pardes intending to be legally bound
hereby covenant and agree:
1, SEPARATIONl It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provisions shail not be taken as an admission on the
June 12, 199'1
part of either party ot t.he lawtulnesl3 or unlawtulness of the
causes leading to their living apart.
2. INTIlRPERENCEI Eac:: party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of ~his Agreement. Neither party shall
molest the other or attempt ~o endeavor to molest the other, nor
compel the other to cohabit wlth the other, Qr in any way harass or
malign the other. nor in any way interfere with the peaceful
existence, separate and apar~ from the other,
3, WIPE'S DEBTS: Wi:~ represent.s and warrants to Husband
that since the separation sr.e has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be rel3ponsible and shall indemnify and save
harmless Husband from any and all claims or demands incurred by
her,
4. HUSBAND' S DEBTS I Husband represents and warrants to
wife that since the separatlcn he has not and in the future he will
not contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by reason
of debts or obligations inc~rred by him,
5, MUTUAL RIlLEASE I Subj ect to the provisions of this
Agreement, each party has released and discharged. and by this
Agreement does for himself cr herself and his or her heirs, legal
representat i ves, executors, administrators and ass igns, release and
2
Ju.ne 12, lH?
discharge the other of and from all causes of action, claims,
rights. or demands, whatsoever in law cr equity, which either of
the parties ever had or now has against the other, except any or
all causes of action for termlnation of the marriag~ by divorce or
annulment and except for al: causes of action for breach of any
provisions of this Agreement. Husband and wife specifically
release and waive any and al: rights he or she might have to raise
claims under the Oivorc~ c.::de of 1980 and the 1988 Amendments
thereto including, but no: limited to claims for equitable
distribution of marital Froperty, support, alimony, alimony
pendente lite, counsel fees .::r expenses, Should a divorce action
be commenced by either of :he parties. the moving party shall
request the Court to incorporate, but not merge, this Agreement
into any divorce decree, If :his Agreement is incorporated into a
divorce decree, the parties shall have the right to enforce this
Agreement under the Divorce :ode of 1980 and the 1988 Amendments
thereto in addition to any remedies in law or equity and these
enforcement rights are not waived or released by any of the
provisions of this Agreemer.:, The fact that a party brings an
action to enforce the property agreement as incorporated in the
divorce decree, under the Jivorce Code of 1980 and the 1988
Amendments thereto, does not give either party the right to raise
ocher claims under the Oi vorce Code. specif icallY waived and
released by this paragraph and all rights and obligations of the
parties arising out of the marriage shall be determined by this
Agreement,
3
June t;l, tn7
6. DIVISION Ql PERSONAL PROPERTY, The parties have divided
between them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have theretofore been used by them in
common, and neither party wlll make any claim to any such items
which are now in the possession or under the control of the ather.
Should it become necessary, the parties each agree to sign any
titles or documents necessary to give effect to this paragraph upon
request.
7, DIVISION OP REAL PROPERTY, Husband agrees to transfer
all right, title and interes~ in and to the real estate situated at
3603 Alberta Avenue. Mechanicsburg, Cumberland County,
Pennsylvania. now titled in the name of Wife, and agrees to
immediately execute now or in the future any and all deeds,
documents, or papers necessary to effect such transfer of title
upon request, Husband furtr-er acknowledges that he has no claim,
right, interest, or ti tie whatsoever. except as set forth in this
Agreement, in said property,
8, PAYMENT TO HUSBAND I Wife agrees to pay Husband the sum
of Five Thousand ($5,000,00) Jollars within thirty (30) days of the
finalization of the divorce,
9, EACH PARTY RETAINS OWN PENSION PLANS I Each of the
parties does specifically 'Naive, release. renounce and forever
abandon all of his or her right, title, interest or claim. whatever
it may be, in any Pension ?lan, Retirement Plan, Profit Sharing
Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings plan
June 1~. 1997
4
and/or any employee benefit plan of the other party. whether
acquired through said party's employment or otherwille, and
hereafter said pension Plan, Retirement plan, Savings Plan, Tax
Deferred Savings plan and/or ~ny employee benefit plan shall become
the sole and separate property of the party in whose name or
through whose employment said plan is carried,
As clarification for the foregoing, Wife has attached and
marked as Exhibit "A" a copy :f her pension account statement as of
June 30, 1995, and Husband tas marked as Exhibit "B" a copy of his
savings plan statement all of 0ctober "1, 1994,
10, W,.IVERS or CLAIMS AGAINST ESTATES I Except as herein
otherwise provided, each party may dispose of hid or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
proper.ty or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, 'Nidow's allowance. right to take in inteetacy,
right to take against the Wlll of the other, and right to act as
administrator or executor of the other's estate, and each will, at
the request of the other, execute, acknowledge, and deliver any and
all instruments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such interests,
rights and claims,
11, SUBSEOUENT DIVORCEl Both parties agree to execute
Affidavits of Consent to Divcrce pursuant to Section 3301(c) of the
5
.June 1., U'J1
Divorce Code contemporaneous with the signing of this Agreement and
shall provide copies of said Affidavits of Consent to counsel for
Wife for immediate filing, '.Hfe agrees that Bhe shall direct her
counsel to immediately file wlth the Court a Decree in Divorce from
the bonds of matrimony under Section 3301(c) of the Divorce Code.
12. BRBACHI 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 may be available to him or her, and the party
breaching this contract sha:: be responsible for payment of legal
fees and costs incurred by :he other in enfOl-cing their rights
under this Agreement,
13, ADDITIONAL INSTRUMENTS I Each of the parties shall from
time to time. at the request of the other, execute, acknowledge,
and deliver to the other party any and all further instruments that
may be reasonably required :0 give full force and effect to the
provisions of this Agreemen:,
14, ENTIRE AGREEMENT I This Agreement contains the entire
understanding of the parties, and there are no representations.
warranties, covenants, or undertakings other than those expressly
set forth herein,
15, MODIFICATION AND WAIVER I A modification or waiver of any
of the provisions of this Agreement shall be effective only if made
in writing and executed wit~ the same formality as this Agreement,
The failure of either party to insist upon strict performance of
6
,1une 12. 1~'J"/
any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent default of the same or similar nature,
16, MUTUAL ACCEPTANCE I The partif~s accept the provisions of
this Agreement in lieu of ;lnd in full and final settlement and
satisfaction of all claims and demands '~hat they may now or
hereafter have against each other for their support and
maintenance, and also alimor.y, alimony pendente lite, counsel fees
or for any other provision ::r their support and maintenance, and
also alimony, alimony pendente lite, counsel fees, costs and
expenses and any other char~e of any nature whatsoever pertaining
to any divorce proceeding wr.::n may have been or may be instituted
by the parties in any court :~ the Commonwealth of Pennsylvania or
any other jurisdiction and/cr any divorce proceeding which may be
instituted by either pany :n any court in the Commonwealth of
Pennsylvania or any other jurisdiction or any other counsel fees,
costs or expenses incurred c~ to be charged by any counsel arising
in any manner whatsoever fc~ breach of this Agreement,
17, DESIRE OF THE PARTIES I It is the desire of the parties,
after long and careful :onsideration, to amicably adj ust,
compromise and settle all pr:perty rights and all rights in, to, or
against each other's property or estate, including property
heretofore or subsequently a:quired by either party, and to settle
a:l disputes existing betwee~ them, including any and all claims
for wife's and/or Husband's maintenance and/or for support,
alimony, counsel fees and c:sts,
June 1:;', 1 'J'.l7
7
:>- 1(0 ..-
r>; (:.
j.' ..
III(
(J'
rdl ,,' ~:
,
"
1'\
Tl ':-1
f.ll, I
"
tl,. \, ,I
" ,~
I >
l. I" ,,1
~.I C)' ~ _J
"TIll l.AW ""M 0'
.KILLIAN . GEPHART'
__.l ,..I'kl ,.... It'''lI'
~~-
., 0, 10K .11
HAJI..I..UlIO,I'INNIVL.VANIA 17101.0..8
CllITi'IID (lOllY
.---'
SUSAN P. HORANIC,
Plaint if f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No,95 - 431B civil Term
FREDERICK S. HORANIC,
Defendant
CIVIL ACTION - l,AW
rN DIVORCE
PRAECIPE TO TRANSMIT RECO~
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
Section 3301(c) of the Divorce Code,
2. Date and manner of service of the Complaint: By
certified mail, restricted delivery, return receipt
requested, to defendant, Frederick S. Horanic, on August
15, 1995, as evidenced by the attached affidavit of
acceptance of service which is being filed
contemporaneously herewith,
3. Date of execution of the affidavit of consent required by
section 3301 (e) of the Divorce Code: by Susan P.
Horanic, plaintiff, on June;1'1, 1997; by Frederick S,
Horanic, defendant, on June ~ 1997,
~. Related claims pending: The attached Property Settlement
Agreement is incorpor-ated but not merged to the Decree in
Divorce.
5. Date of execution of waiver of Notice of Intention to
Request Entry of a Divorce Decree Under ~3301(c) of the
Divorce Code, by plaintiff on June ~'-I, 1997; by defendant
on June ~, 1997, copies of whkh are attached (or
filing, / ') ,/
( r
Ij. Paul Helvy
( ; 11 ian & Gephart
, IB Pine Street
P.O, Box BBG
Harrisburg, PA 1710B-OBB6
(717) 232-1851
Dated: June 26, 1997 Attorney 10 1153148
Attorneys for Plaintiff
~.. IJ') "
(~': 1;:-": I..
" ..
I !~I , , "
" "
in'
'.
l,:)i
I' ':-,\ ,''.I
, , I
I,'" "
! I, , !i ,'j
II..
I , ....
"
LL ,., ;.'j
l J CI' U
11'iT!':-_,.,rr::'!'}~_",
il(l,-i1i'H; ;l:'jdl"L_'I~'h""~' "t,
:';~j),\i,:':~~"
~' 1!1(;/C
,.IYi,\1','"
'I
"
"
"
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its amendments.
7. There have been no other prior actions of divorce or
annulment filed by either of the parties hereto.
B. Plaintiff has bep.n advised of the availability of
counseling and that Plaintiff has the right to request that the
Court require the parties to participate in counseling,
9. The marriage is irretrievably broken,
10, The Plaintiff avers as grounds for this action in the
alternative that the Defendant has offered such indignities to the
person of Susan p, Horanic, your Pet i t ioner, the inj ured and
innocent spouse, as to render her condition intolerable and life
burdensome.
~LAIM POR EQUITABLE DISTRIBUTION OP
MARITAL PROPERTY UNDER SECTION 401 OP THE DIVORCE CODE
11. The averments of Paragraphs 1 through 10 are hereby
incorporated by reference thereto,
12, Plaintiff and Defendant are the joint owners as tenants
by the entireties of certain real estate known as 3603 Alberta
Avenue, Mechanicsburg, Cumberland County, Pennsylvania which is
subject to equitable distribution by this Court,
13. The Plaintiff and Defendant are the owners of various
items of personal property, furniture, household goods, and
-2-
,)
, . If) r
In D \) ''Ii .
1')-' ::6.~
.. -..j v '-)
..... "- ~
" ~
.) \'
" .~
--.~--, .J ,""
-....:::., . - 2:-
,., '-.i '1
. -,
~ ...;,. '\~ - - '"J
-
- '--7;.
, ~
'J"-..
\./')
...
"
".>(.
tv-,
. t-- r()
"-l ...
/Y")
\J-- ,.....
~() 'en
~\
c \~},
-_.~
M
'-
V>
,..:"
(""\
~
:}-
~
SUSAN P. HORANIC,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERI,AND COUNTY, PENNSYLVANIA
No.95 - 4318 civil Term
v.
FREDERICK S. HORANIC,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
~OTICE TO DEPEND 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request marriag~ counseling. A
list of marriage counselors is available in the Office of the
prothonotary at the cumberland County courthouse, Carlisle,
pennsylvania.
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.
Court Administrator
Cumberland County courthouse - Fourth Floor
1 courthouse square
Carlisle, Pennsylvania 17013-3387
Telephone (717) 240-6200
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No.95 - 4318 civil Term
SUSAN P. HORANIC,
Plaintiff
FREDERICK S. HORANIC,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AMINDBD COMPLAINT IN DIVORCI
AND NOW comes Plaintiff, by and through her counsel, Killian
& Gephart, who represents as follows:
1. Plaintiff, Su.an P. Koranic, is an adult individual, who
currently resides at 252 Lawrence Drive, Harrisburg, Dauphin
County, Pennsylvania.
2. Defendant, Prederick S. Koranic, is an adult individual
who currently resides at 209 Holiday Avenue, Mechanicsburg,
Cumberland County, Pennsylvania,
3. Plaintiff avers that she has been a bonafide resident in
the Commonwealth of. Pennsylvania for a period of at least six (6)
months previous to the filing of this Complaint,
4. The Plaintiff and Defendant were married on December 3,
1988 in Mechanicsburg, Cumberland County, Pennsylvania.
5. Plaintiff avers that there are no children of the parties
under the age of 18.
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, There have been no other prior actions of divorce or
annulment filed by either of the parties hereto.
8. Plaintiff has been advised of the availability of
counseling and that Plaintiff has the right to request that the
Court require the parties to participate in counseling.
9. The marriage is irretrievably broken,
10. The Plaintiff avers as grounds for this action in the
alternative that the Defendant has offered such indignities to the
person of Susan P. Horanic, your Pet it ioner, the inj ured and
innocent spouse, as to render her condition intolerable and life
burdensome.
CLAIM POR EOUITABLE DISTRIBUTION~
MARITAL PROPERTY UNDER SECTION 401 OP THE DIVORCE CODB
11. The averments of Paragraphs 1 through 10 are hereby
incorporated by reference thereto,
12. Plaintiff and Defendant are the joint owners as tenants
by the entireties of certain real estate known as 3603 Alberta
Avenue, Mechanicsburg, Cumberland County, Pennsylvania which is
subject to equitable distribution by this Court,
13. The Plaintiff and Defendant are the owners of various
items of personal property, furniture, household goods, and
2
,,- to ~~\\ ,
Ir
~ 'j ..0 ""- V) ~
I! I'~ v; , . (' ,"- "I')
(.)
I: I l'{) I'<)
'...
, " p r-.. ">
-J' J
( ,. .) ~
, .', ".
H. ,', "'<:. .....
I "
" r~' ~ ~ ~ ~
l~ .. (J" ,I v-,
-
, '
..
,
,
(
\
,
..
\
-'
(,)
1,1
'\,' ,
I,
'I
.d
"
I 'p
1
I..'
,"1"'--';
,I
,I
'q
, ,
.
"
I,
"
THI LAW ""M 0'
KILLIAN a GEPHART
.., '1HIf eTU.T..
,. O. lOX ...
HARRI8BURG, PENN8Vr,.VANIA 11108,OB88
, ,
CIlRTI"ID col\'Y
..4,
, ,.
.
~
.
.
,f
(,
I
...-...
.....,.- .,
. ,
:;.., .:I' ..
tr: Lr.
(, '':1 ).1:
('
~~; "
.-, ; ""~
l.T,r, ~, ..
- . 0., I ;:J
"IS'" "
~~. .-
,,. 'if)
-' I"
I" .',10
u.: ~': I ~ ;1"\1
~ c \-
, ;..;.
'I- r- ,oj
c,.) ';1' t.)
, I
.... If>
h"' r.r.
'::'t'
I, .. " (,
UJI p} c'
( .' :. J
IF' :.J
~~' '.l.. \'.:J
,.....
'., '-f7l
1 ",
~" '-}J
fJ: ,... , . ~ ,:1' 1
1_. , _.1; JI.\..
I :a: ::")
,., ,....
(.'J en U
-, In
ii,
i
\,,_r',:
.. _I'
r-' j
, '
"
<:;) ~. ,i
(:y. ,\
I
t 11,
J, " '01 , "
I - ...14
.
1.1. ,..... "I
(J (,' 0
..
, '" ~:-
'\1:
";"1
"',,"1'1 -V',
'i-I', _,j
.,;
:;,."
1.-,"
~.":,,
( ,','f;
.. "'/--1
,!
I,.'
,11
,
",
r",1 ~"',_j. -.-TI rr"'PT
-,-,.L'~;""'~f,...r<lt':'iI"-';'
-,'; -\~:r;,-)t}j,::,jr/t/Fi:' ,
',', ......'
.),O~'
.,--,,-, ..
"
"
,"
,
I. '_ ' '_ _ '!;,;;-:I:_,;,'_LI,~fi),d.'jJ}'.
, _ ,. 'I.i - ,", :;',' < -_'l'!,(f"irH-r'r'-.~
I" ,'_ I j!:,i~"';-:h[II'I!I_h;i:'i'i'--7-
'. , ' _" I _1,;,-;/s;~lh;:(Ir.J;th"~-,\'~
" ", _! ',,;);';L:.}lJ'!i"!II\l!\\}{I'I:,;",I,i\
. CINTI"I"~~IJ\ ,/1"1'\""""" ","
I 'f'I, !J...~/"...J,.I- -. -:.1','-:' '\,',',.:".,.';;.,.'
\"' :,"'if'I:';';' ',"'1'1"'-: ,!<I,ltf
;';1' " I --:Yf,~(
,!,J,'\YI;
1....c:...,lt
-_.~~.----- .
SUSAN P. HORANIC,
Plaintiff
v.
IN THE COURT OF COMMON PLP,AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No,95 - 4318 civil Term
FREDERICK S, HORANIC,
Defenda'lt
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CON~
1, A Complaint in Divorce under Section 3301 (c) of the
Divorce Code was filed on August 11, 1995.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety (90) days have elapsed from the date of
the filing of the Complainl,
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the
decree.
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 Section 4904 relating to
unsworn falsification to authorities
Dated, June lB, 1997
.\
I
"
'..
i,:"::
,
\/)
"
, ,
I ~ I .
( )1
I'i:
1'..-,
'T' ,
(- '
II'
L---!'\
.,
,
"
l.,'
!,:
,1
"'}
l.j
,-
"~J 1
" ,
i' " ,
8\,r,HII:,'
"1 ,"
,
"
"
,,'! 101,
::'1
., ,
,
"1'1 '
I~"~~A~~, '," ,
,'_\l,~ft'.f"')~~Uli ''.1': ~-- ,',i
lul!:t,t',:',~'_t '10._ ~r'" \(lit >':, '" i,"
, ".I.l"OI'"NN'VLYA"I~ I"IOII~~.'
ri('/'~.,',r_:'- ',:' -, " . ___._', ',',: ,-;'
..!'I
,
, . I, I ,.'n.IIIff'l\li\~'''!\fIIII
II" i ,'.1 ,,__W~ " _ f}_:.t{'-~-'~q\J
C'''''JI'I'ID~':';rr:,:! )!'\;:;i\,/,,'!j!f:~~,:i
I I - "I ',,1- : l;:'Y+jt't ':'F_!
'. ".,' ',11,1'\''''','
, ' t ,; '''1//.:';',\' ,li:if;
, ',' _ -,!": - J'_--'_i_;/~i
I',lli""
SUSAN P. HORANIC,
Plaintiff
IN THF. COURT OF COMMON PLF.AS OF
CUMBERl,AND COUNTY, PENNSYLVANIA
v.
No,95 - 4318 civil Term
FREDERICK S. HORANIC,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVIR or NOTICE or INTENTION TO
RIQUIST ENTRY or A DIVORCE DECREI
UNDBR 13301(0) or THI DIVORCB COQl
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 statements herein are made
subject to the penalties of 18 Pa,C,S,A. Section 4904 relating to
unsworn falsification to authorities.
J;.;...UL/I -jJ dYJ/1 .U0
Susan p, Horanic
Datedl June 24, 1997
j-;: lO -.
" I';'
I ..
L~J~ ~. :'~
lp I
I' .
'-
() ~ .....
I~)' " ., ,I
'I' I
"
11:;1.1 r, , 'Jij'J
I t';.: ,).....
II ,.... j
l.) (j"l i..)
, ,
,,'
,
,
"
"
-Ii
.
CO~y
PROPERTY SETTLEMENT AGREEMENT
"
THIS AGREEMENT made this l'1 _ day of J~"" , 199'1,
by and between FREDERICK S. HORANIC of 209 Holiday Avenue,
Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter
referred to as "Husband"), and SUSAN P. KORANIC formerly of 3603
Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania
(hereinafter referred to as "Wi fe") ,
WITNESSETH I
WHEREAS, Husband and Wife were lawfully married on December 3,
1988, and;
WHEREAS, no children have been conceived of this marriage; and
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they have been separate and apart from each
other; and
WHEREAS, Husband and Wi:e desire to settle and determine their
rights, and obligations; and
NOW THEREFORE, the parties intending to be legally bound
hereby covenant and agree:
1, SEPARATIONl It shall be lawful for each party at all
times hereafter to live separate and apart from the other party at
such place as he or she may from time to time choose or deem fit.
The foregoing provisions shall not be taken as an admission on the
:'In'' 12, 1'\'11
pan of either party of the lawfulness or unlaldulness of the
causes leading to their lLvl~g apart,
2, INTERPERENc;Jl1 8ac:: party shall be free from
interference, authority, and contact by the other, as fully as if
he or she were single and unmarried except as may be necessary to
carry out the provisions of :his Agreement, Neither party shall
molest the other or attempt :0 endeavor to molest the other, nor
compel the other to cohabit with the other, or in any way harass or
malign the other, nor in any way interfere with the peaceful
existence, separate and apar: from the other,
3, WIPE' S DEBTS: Wi:e represents and warrants to Husband
that since the separation she has not and in the future she will
not contract or incur any debt or liability for which Husband or
his estate might be respo~sible and shall indemnify and save
harmless Husband from any and all claims or demands incurl'ed by
her,
4. HUSBAND' S DEBTS I Husband represents and warrants to
Wife that since the separat::~ he has not and in the future he will
not contract or incur any debt or liability for which Wife or her
estate might be responsible and shall indemnify and save harmless
Wife from any and all claims cr demands made against her by reason
of debts or obligations inc~rred by him,
5, MUTUAL RELEASE I Subject to the provisions of this
Agreement, each party has :-eleased and discharged, and by this
Agreement does for himself ~r herself and his or her heirs, legal
representatives, executors, administrators and assigns. release and
.:une 1:2, lH7
2
discharge the other of dnd trom all causes elf action, claims,
rights, or demands, whatsoever in law or equity, which either of
the pat"ties ever had or now has against the other, t~xcept any or
all causes of action for ter~lnation of the marriage by divorce or
annulment and except for al~ causes of action Ear breach of any
provisions of this Agreement, Husband and Wife specifically
release and waive any and al: rights he or she might have to raise
claims under the Divorce C::;de of 1980 and the 1988 Amendments
thereto including, but ne: limited to claims for equitable
distribution of marital ~roperty, support, alimony, alimony
pendente lite, counsel fees ~r expenses, Should a divorce action
be commenced by either of :he parties, the moving party shall
request the Court to incorporate, but not merge, this Agreement
into any divorce decree, If :his Agreement is incorporated into a
divorce decree, the parties ahall have the right to enforce this
Agreement under the Divorce Code of 1980 and the 1988 Amendments
thereto in addition to any remedies in law or equity and these
enforcement rights are not '#ai ved or released by any of the
provisions of this Agreemer.:, The fact that a party brings an
action to enforce the property agreement as incorporated in the
divorce decree, under the :Jivorce Code of 1980 and the 1988
Amendments thereto, does not give either party the right to raise
other claims under the Divorce Code, specifically waived and
released by this paragraph and all rights and obligations of the
parties arising out of the ~arriage shall be determined by this
Agreement,
.:'.me 1.', ~'J')"
3
6. DIVISION OF PERSONAL PROP..IRIX1 The parties have divided
between them, to their mutual satisfaction, the personal effects,
household furni.ture and furni.shings, ilnd all other articles of
personal property which have theretofore been used by them in
common, and neither party wi.ll make any claim to any such items
which are now in the possession or under the control of the other,
Should it become necessary, the part ies each agree to sign any
titles or documents necessary to give effect to this paragraph upon
request,
7, DIVISION OF REAL PROPERTY I Husband agrees to transfer
all right, title and interest in and to the real estate situated at
3603 Alberta Avenue, Mechanicsburg, Cumberland County,
Pennsylvania, now titled in the name of Wife, and agrees to
immediately execute now or in the future any and all deeds,
documents, or papers necessary to effect such transfer of title
upon request, Husband further acknowledges that he has no claim,
right, interest, or title whatsoever, except as set forth in this
Agreement, in said property,
8, PAYMENT TO HUSBANQI Wife agrees to pay Husband the sum
of Five Thousand ($5,000,00) Dollars within thirty (30) days of the
finalization of the divorce.
9, IlAC" PARTY RETAINS OWN PENSION PLANS I 8ach of the
parties does specifically waive, release, renounce and forever
abandon all of his or her right, title, interest or claim, whatever
it may be, in any Pension Plan, Retirement Plan, Profit Sharing
Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan
4
June L2. :'j~'1
and/or any employee benefit plan of the other party, whether
acquired through said party's employment or otherwise, and
hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax
Deferred Savings Plan and/or any employee benefit plan shall become
the sole and separate property of the party in whose name or
through whose employment said plan is carried,
As clarification for the foregoing, Wife has attached and
marked as Exhibit "A" a copy of her pension account statement as of
June 30, 1995, and Husband r,as marked as Exhibit "8" a copy of his
savings plan statement as of October 31, 1994,
10. WAIVERS OF CLAIMS AGAINST ESTATES I Except as herein
otherwise provided, ea~h party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, wldow's allowance, right to take in intestacy,
right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, at
the request of the other, execute, acknowledge, and deliver any and
all instruments which may be necessary or advisable to car~y into
effect this mutual waiver and relinquishment of all such interests,
rights and claims,
11, SUBSEOUENT DIVORCE I 80th parties agree to execute
Affidavits of Consent to Divcrce pursuant to Section 3301(C) of the
5
June ~J. 1 ')')1
Divorce Code contemporaneous with the signing of this Agreement and
shall provide copies of said Affidavits of Consent to counsel for
Wife for immediate f II ing, 'Iii fe agrees that she sha 11 direct her
counsel to immediately file with the Court a Decree in Divorce from
the bonds of matrimony under Section 3301(c) of the Divorce Code,
12. BRBACHI 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 may be available to him or her, and the party
breaching this contract shall be responsible for payment of legal
fees and costs incurred by the other in enforcing their rights
under this Agreement.
13. ADDITIONAL INSTRUMENTSI Each of the parties shall from
time to time, at the request of the other, execute, acknowledge,
and deliver to the other party any and all further instruments that
may be reasonably required :0 give full force and effect to the
provisions of this Agreement,
14, ENTIRE AGREEMENT I This Agreement contains the entire
understanding of the parties, and there are no representations,
warranties, covenants, or undertakings other than those expressly
set forth herein,
15, MODIFICATION AND WAIVERI A modification or waiver of any
of the provisions of this Agreement shall be effective only if made
in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of
':'lne l~, 1 ~91
6
any of the provisions of thIs Agreement shall not be construed as
a waiver of any subsequent default of the same or similar nature,
16. MUTUAL ACCEPTANCE I The parties accept the provisions of
this Agreement in lieu of. ,lOd in full and final settlement and
satisfaction of all claims dnd demands that they may now or
hereafter have against Bach other for their support and
maintenance, and also alimony, alimony pendente lite, counsel fees
or for any other provision for their support and maintenance, and
also alimony, alimony pendente lite, counsel fees, costs and
expenses and any other charge of any nature whatsoever pertaining
to any divorce proceeding wh:=h may have been or may be instituted
by the parties in any court :n the Commonwealth of Pennsylvania or
any other jurisdiction and/or any divorce proceeding which may be
instituted by either party :n any court in the Commonwealth of
Pennsylvania or any other jurisdiction or any other counsel fees,
costs or expenses incurred er to be charged by any counsel arising
in any manner whatsoever for breach of this Agreement,
17, DESIRE OF THE PARTIESI It is the desire of the parties,
after long and careful :onsideration, to amicably adjust,
compromise and settle all prcperty rights and all rights in, to, or
against each other's property or estate, including property
heretofore or subsequently acquired by either party, and to settle
all disputes existing between them, including any and all claims
for. Wife's and/or Husband's maintenance and/or for support,
alimony, counsel fees and cests.
,"me 12. !'l'}'7
7
rll.rrJO:'(ICr:
OF 1/" "", '''1,'';'(
'l7 N.J',' I:J I'd :1: ri3
CU~.':~:...t;1 d.' \ .'_.' )i y'
f'i;:'\"")'L'" "'1 \
"'1111": .,.Ij'.'
Lf' ,
...,
[I; Lr.
<. {/I .-
V; i:
~"l. :'-; <;'j
~' '",
,
,-. 'I
r, ,,'I' t-...
,,(, .-, , .
, ~ ~~ If;)
G:J1 J" '~ o.
':1''':- .,,;:
" :::j
II ,.... 'U
>:.:' r.J'
,
SUSAN ~, HORAN I C ,
Plaint i ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, ~ENNSYLVANIA
v.
No.95 - 4318 civil Term
FREDERICK S. HORANIC,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERV.~~
I, Frederick S. Horanic, Defendant herein, do hereby swear and
affirm that I accepted service of a true and correct copy of the
Complaint in Divorce on~. \C\. ' 1995,
(\ ,0 '"")
," -J Tl
, , -:I~ ':1
~." , "
-..j ; '0)
I:'!I ...: ,'-
-- ""j
" \;_.
" .~.- ,I
~:- " 'ir.?
.." :,\
.~ " .( ")
:l-;( './.) JlIl
"
:n 'j"'
~ I '.,;.J
.. III "'.
'*
OFFICI OF UIVORCI MASUR
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle, PA 17013
(717) 240,6535
I, Robert IlIek.r, II
Olvorcl Masta,
Treel .10 Col~.r
Ollie. ManlgerlR.porter
w.., Ihore
697-0371 Ex" 6535
May 28, 1997
J. Paul Helvy, Esquire
KILLIAN & GEPHART
218 Pine street
P.O. Box 886
Harrisburg, PA 17108-0886
RE: Susan P. Horanic vs. Frederick S, Horanic
No. 95 - 4318 civil
In Divorce
Frederick S. Horanic
209 Holiday Avenue
Mechanicsburg, PA 17055
Dear Mr. Helvy and Mr. Horanic:
By order of Court of President Judge Harold E. Sheely
dated May 15, 1997, the fuU,.time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on August 11, 1995, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. The complaint also raised the claim of
equitable distribution.
On April 25, 1997, an amended complaint was filed
restating the grounds for divorce and the claim of equitable
distribution and raising also a claim for counsel fees and
expenses.
I am assuming that grounds for divorce are not an issue
and thbt both parties will execute affidavits of consent or in
the alternative that the parties have been separated for a
period in excess of two years. Based on the assumption that
grounds for divorce are not an issue, I am directing Mr. Helvy,
counsel for Susan P. Horanic, and Mr. Horanic, who is apparently
representing himself, to each file a pre-trial statement in
accordance with P.R.C.P. 1920.33(b) on or before Friday, June
20, 1997. Upon receipt of the pre-trial statements I will
immediately schedule a pre-hearing conference with Mr. Helvy and
Mr. Horanic, if he remains unrepresented, to discuss the issues