HomeMy WebLinkAbout95-05499
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
.
STATE OF
FRANK E. HOOVER,
Plaintiff
VERSUS
MONICA D. HOOVER,
Defendant
PENNA,
No. 95-5499 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
DECREE IN
DIVORCE
ANDNOW,_~~l~
DECREED THAT
AND
(l:J
, 2002 . IT IS ORDERED AND
FRANK E. HOOVER
. PLAINTIFF,
MONICA D. HOOVER
. 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;
NONE
J.
PROTHONOTARY
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made thi. ,;l6~day of A/,../ , 1998, by
and between MONICA D. HOOVER, of R.R.l, Box 642, Honey Grove,
Juniata
Pennsylvania, party of the
first
part,
County,
hereinafter referred to a. "Wife",
AND
FRANK E. HOOVER, of 5 North Letort Drive,
Carlisle,
cumberland County, Pennsylvania, party of the second part,
hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, Husband and Wife were married on May 31, 1980, in
Sherman. Dale, Perry County, Pennsylvania/ and
WHEREAS, Husband and Wife are residents of the Commonwealth
of Pennaylvania and have been so for at least the past six
montha/
WHEREAS, certain differences have arisen between the parties
hereto which have made them desirous of living separate and apart
from one another/ and
WHEREAS, Husband and Wife desire to settle and determine
their marital rights and obligations, and make an equitable
di.tribution of their marital property, determine their rights to
alimony and support and any other matters which may be considered
under the Domestic Relations Code/ and
WHEREAS, it is the intention and purpose of this Agreement
to set forth the respective rights and duties of the parties
while they continue to live apart from each other and to settle
all financial and property rights between them/ and
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WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned a..ets, the
provi.ions for the liabilities they owe, and previsions for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of
their
re.pective ohoice, and the parties now wish to have that
agreement reduced to writing.
NOW, THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and
for other good and valuable consideration, and intending to be
legally bound and to legally bind their heirs, successors,
a..ign., and personal representatives, do hereby
promi.e and agree as follows:
ARTICLE I
SEPARATION
1.1
oovenant,
It shall be lawful for Husband and Wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
respectively deem fit free from any control, restraint, or
interference, direct or indirect, by each other. Neither party
shall molest the other or compel or endeavor to compel the other
to cohabitate or dwell with him or her by any legal or other
proceedings.
The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the
lawfulness of the causes leading to them living separate and
apart.
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ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce.
It
b
specificallY understood and agreed by and between the partie.
hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce/ provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper
grounds/ not to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and represantation is made for the
specific purpose of inducing Husband and Wife to execute the
Agreement.
Husband and Wife each knowingly and understandingly
hereby waive any and all possible claims that this Agreement is,
for any reason, illegal, or for any reason whatsoever of public
policy, unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible
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event, he and she are and shall forever be e.topped fro.
....rting any ill.gality or unenforceability a. to all or any
part of this Agr..m.nt.
a.a
It i. furth.r specifically understood and agreed that the
provi.ion
this Agreement relating
equitable
of
to the
di.tribution of property of the parti.s are accepted by each
party.. a final settlement for .11 purposes whatsoever.
Should
either of the parties obtain a decree, judgment or order of
.eparation
divorce in any other state,
or
country,
or
juri.diction, each of the parties to this Agreement hereby
con.ent. .nd agree. that this Agreement and all it. covenant.
.hall not be affected in any way by any such separation and
~ivorce.
a.3
This Agreement shall survive any decree in divorce and .hall
be forever binding and conclusive on the parties.
It i.
under.tood by and between the parties that this Agreement .hall
be incorporated into any decree, divorce or separation, but it
.hal1 not be deemed merged into such decree.
ARTICLE III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforms to the criteria eet forth in the
Pennsylvania Divorce Code, taking into account the following
considerations: the length of the marriage I the prior marriages
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of the parties; the age, health, station, amount and sources of
income, vocational skills, employability; estate, liabilities,
and needs for each of the parties; the contribution of one party
to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition
of capital assets and income; the sources of income of both
partie., including but not limited to medical, retirement,
insurance or other benefits; the contribution or dissipation of
each party in the acquisition, preservation, depreciation, or
appreciation of marital property, including the contribution of a
party as a homemaker; the value of the property set apart to each
party; the standard of living of the parties established during
their marriage; the economic circumstances of each party,
including federal, state and local tax ramifications, at the time
of the division of the property is to become effective; and
whether the parties will be serving as the custodian of any
dependent minor children.
3.1
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assete
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
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3.3
Personal ProDerty. Except as hereinafter set forth in this
paragraph, the parties acknowledge that they have divided their
personal property, tangible and intangible, to their mutual
satisfaction. The parties further acknowledge that they have the
cash, accounts, or other tangible and intangible property in
their possession that they wish to have and neither will make any
claim whatsoever against the other party for any other items of
personal property or assets in that other party's possession.
The sole exception relative to the transfer of personal
property relates to trains that the parties collected while they
were still residing together. The parties agree that these
trains may be sold by mutual agreement. In the event they in
fact are sold, the parties will equally divide the net proceeds
received from the sale of the trains. In the event that the
trains are not sold, each party retains the right to demand, with
fifteen (15) days notice, that the trains be valued by an
appraiser of the parties' mutual selection, and that the trains
then be divided equally between the parties, baeed on the
appraised value.
3.4
Life Insurance. Each party agrees that the other party shall
have sole ownership of any life insurance policies owned by the
other party. Each party shall have the right to borrow against,
cash in policies, change beneficiaries, and exercise any other
incidents of ownership of the respective policies free of any
right or claim by the other party. Each party agrees to sign any
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documents necessary to waive, relinquish or transfer any rights
in such policies to the respective party who presently owns euch
policies.
3.5
subseauentlv Acauired ProDertv. Husband and Wife agree to
waive and relinquish any and all right that he or she may now
have or hereafter acquire in any real or tanqible personal
property subsequently acquired by ths other party. Husband and
Wife specifically agree to waive and relinquish any right in such
property that may arise as a result of the marital relationship.
3.'
Real Estate. The parties acknowledge that they are the
joint owners of rsal estate located at 5 North Lstort Drive,
Carlisle, Cumberland county, Pennsylvania, which property i.
owned in ths parties' joint names. Wife agrees to waive,
relinquish and transfer any and all of her right, title and
interest in the aforesaid real estate to Husband. wife will
execute and deliver a special warranty, fee simple deed so
conveying her interest in the property contemporaneously with the
execution and delivery of the deed to the parties other real
estate as hereinafter described.
The parties are also joint owners of real estate addressed
as RR 1, Box 642, Honey Grove, Juniata county, Pennsylvania.
Husband shall waive, relinquish and transfer any and all of his
right, title and interest in the aforesaid real estate to Wife.
Husband shall execute and deliver a special warranty, fee simple
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deed to the aforesaid property contemporaneously
execution and delivery of the deed to the North
property as hereinbefore described.
The parties acknowledge that at present there is a mortgage
due and owing to the First National Bank of Liverpool which
mortgage exists as a "blanket mortgage" on both parcels of real
estate hereinbefore described. Within fifteen (15) days of
execution of this agreement by both parties, each party shall
initiate a refinancing process with a financial institution of
their choosing which shall cause the aforesaid mortgage due and
owing to First National Bank of Liverpool to be paid in full. At
the time of payment of that mortgage in full, each party shall be
responsible for repayment of fifty percent (50t) of the payoff
amount due and owing at the time the payoff is made. Each party
shall refinance such that the new mortgage or encumbrance that
they secure shall solely be an encumbrance on the property that
they have retained pursuant to this paragraph of this Agreement.
To the best of the parties' abilities, they will conduct a
settlement on each of their respective refinancing in such a
manner as to provide a payoff to First National Bank of Liverpool
simultaneously from each refinancing. In the event one of the
parties is able to conduct their refinancing settlement prior to
the other party, they shall be permitted to secure a written
payoff statement from First National Bank of Liverpool indicating
the total payoff, including principal, interest, recording fees
and satisfaction fees that would be due and owing to First
National Bank of Liverpool at that time. The party first
with
Letort
Wife's
Drive
B
refinancing shall be entitled to pay fifty percent (50') of that
total Bum due. When the other party refinances, that party shall
then be obligated for the remaining balance due and owing to
First National Bank of Liverpool to pay that mortgage in full
including principal, interest, costs, recording fees and
satisfaction fees.
From the time of execution of the special warranty deeds as
described above, neither party shall make any claim whatsoever
relative to an ownership interest or rights to access to the
ator.said parcels of real estate that they have conveyed to the
other party. In addition, the parties agree that, pending the
refinancings anticipated herein, they shall be equally
re.ponsible for making payment on the bi-weekly mortgage sum due
to First National Bank of Liverpool for each and every payment
that becomes due and owing from the time of execution of this
Agreement forward. In the event either party takes
responsibility for payment in full of the monthly payments due on
the mortgage to First National Bank of Liverpool pending the
refinancings required herein, that party shall be reimbursed for
fifty percent (50') of the payments made to First National Bank
ot Liverpool at the time of the other parties' refinancing. In
addition, once one party haa completed their refinancing, if that
is done prior to the other party's refinancing, the first party
refinancing shall no longer have an obligation to make payment on
the First National Bank of Liverpool loan, but rather, the party
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who i. conducting the subsequent refinancing shall be
responsible for any subsequent payments due and owing to
National Bank of Liverpool.
solely
First
3.7
Pension. Retirement. Profit-Sharina. Husband is a
participate through his employment in the Exel Logistics
Retirement and Savings Plan docketed to social security number
175-48-5561 and employee number 92505. Husband agrees that Wife
shall receive a roll-over of TEN THOUSAND DOLLARS ($10,000.00)
from said account to an account to be established by Wife.
Wife's attorney shall be responsible for the preparation of a
Qualified Domestic Relations Order (QDRO) providing for this TEN
THOUSAND DOLLARS ($10,000.00) roll-over. Within fifteen (15)
days of being presented with the QDRO, Husband shall execute the
QDRO for purposes of processing the QDRO through the Court of
Common Pleas of Cumberland County for court approval. In
addition, in the event it is necessary to provide any
modifications, addendums or updates on the aforesaid QDRO,
Husband will likewise execute any and all such documents
presented to him within fifteen (15) days of presentation. No
addendums, modifications or corrections of the QDRO will provide
any additional benefit beyond the TEN THOUSAND DOLLAR
($10,000.00) roll-over that has been agreed upon.
Except as set forth above relative to the TEN THOUSAND
DOLLAR ($10,000.00) roll-over from Husband's retirement account,
Wife agrees to waive, relinquish or transfer any and all of her
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right, title and interest in the aforesaid retirement and savings
plan account.
Husband agrees to waive, relinquish and transfer any and all
right, title and interest that he has either in his individual
capacity or through his marriage to Wife in the retirement
account that Wife has through her employment with Kline Family
Practice, Polyclinic Medical center, specifically includes a
ve.ted or non-vested retirement amounts held by Pinnacle Health
Systems for Wife.
In the event it is necessary for Husband or Wife to execute
any additional documents related to the waivers of each others
pension or profit-sharing accounts as provided for herein, each
party shall execute such documents within fifteen (15) days of
pre.entation.
3.'
Vehicles. Wife shall retain sole and exclusive ownership
possession of the 1994 Nissan Pick-up truck presently in her
possession. Husband shall retain sole and exclusive ownership
and possession of the 1991 Chevrolet Cavalier presently in his
possession. Wife shall retain sole and exclusive ownership and
possession of her 1990 Honda motorcycle. Each party shall be
solely and exclusively responsible for any encumbrance on the
aforesaid vehicles that are being retained by them and shall
indemnify the other party and hold them harmless from and against
any and all demands for payment or collection activity of any
nature whatsoever relative to any such encumbrances. Each party
shall execute any and all necessary documents to waive,
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relinquish and transfer their right, title and interest to the
aforesaid vehicles within fifteen (15) days of being requeeted to
do so by the other party or the other party's legal
representative. Any costs associated with transfer of the title
to any of the aforesaid vehicles shall be the responsibility of
the party who is assuming sole ownership of that vehicle.
3.'
Intanaible Personal Property.
The parties currently have funds held in an account at
Farmers Trust Company, One West High street, carlisle,
Pennsylvania, docketed to Account Number 12-42253. Within
fifteen (15) days of execution of this Agreement by the parties,
this account shall be closed and each party shall receive an
amount equal to fifty percent (50') of the total balance in the
account on August 1, 1996. In the event there are not eufficient
funds to provide for a 50/50 distribution of the balance in the
account as of August 1, 1996, Wife shall receive an amount equal
to fifty percent (50') of the funds that were held in account on
August 1, 1996 and Husband shall retain the balance of the funds
presently in the account. In the event there are not sufficiunt
funds to provide Wife with fifty percent (50') of the balance
that was in the account on August 1, 1996, Husband shall
supplement this distribution so that Wife receives, under any
circumstances, a lump sum payment of equal to fifty percent (50')
of the balance of the account on August 1, 1996.
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With the exception of this account, the parties have already
divided their intangible personal property, including all bank
accounts, credit union accounts, savings accounts and the like.
Neither party will make any claim of any nature whatsoever
a9ainst the other relative to financial accounts or investments
that are presently retained in the other party's name.
3.10
The parties acknowledge that Wife has initiated a business
known as Monica's Mountain Music center which operates from the
RR2, Box 642, Honey Grove, Pennsylvania property. Husband hereby
waives, relinquishes and transfers any and all right, title and
interest he may have in the operation of said business, as well
as any inventory or assets of any nature whatsoever owned by the
business or controlled by Wife via the business. In the event
any documents need to be executed by Husband to so waive,
relinquish and transfer any and all interest in the aforesaid
business, he will do so within fifteen (15) days of being
requested to do so by wife or her legal representative.
3.11
Annuitv. The parties acknowledge that, at present, Husband
receives a monthly annuity payment from an automobile accident
which occurred during the parties' marriage. The parties shall
jointly contact the annuity holder to advise them that these
monthly distributions from the annuity shall be divided equally
such that each party shall receive one-half of the monthly
annuity payment from the annuity company. In the event either
party needs to sign documents to provide for this modification in
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distribution from the annuity, they will do so within fifteen
(15) days of being requested to do so. From that time forward,
Husband shall receive fifty percent (Sot) of the monthly annuity
payment and Wife shall receive fifty percent (sot) of the annuity
payment and neither party shall claim any additional amounts are
due to them from this annuity.
Pending the annuity company's distribution of the monthly
benefit with fifty percent (Sot) of the payment going to Wife and
fifty percent (50t) of the payment going to Husband, Husband
shall immediately provide Wife with a check in the amount of
fifty percent (Sot) of his annuity upon receipt of each monthly
annuity check. This shall begin for the month of February 1998
and continue in this fashion until such time as tha annuity
company begins distributing the monthly payments through two
chscks, one to each party in the amount of fifty percent (50t) of
the monthly total.
It is understood and acknowledged that the annuity provides
for a guaranteed monthly pay-out for a period of thirty (30)
yaars from the date of settlement, but otherwise will continue
as long as Husband is alive. In the event Husband predacsa.es
Wife prior to the completion of the thirty (30) year period
provided for in the settlement and the annuity, the procalds
from the annuity shall be paid equally, on a 50/50 basis, to Wifs
and the parties' minor daughter, Amanda Hoover, born July 26,
1984. In the event either Wife or the parties' child has
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predeceased Husband or fails to survive the aforesaid thirty (30)
year period, the survivor between the two of them shall continue
to receive the annuity in full.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT
AND MAINTENANCE
..1
The parties herein acknowledge that they have each secured
and maintained a substantial and adequate fund with which to
provide themselves sufficient resources to provide for their
co.fort, maintenance and support in the station of life in which
they are accustomed. Husband and Wife do hereby waive, release
and give up any righte they may respectfully have against the
other for alimony, support or maintenance.
..2
Husband and Wife specifically waive, release and give up any
rights for alimony, alimony pendente lite and spousal support
pursuant to Chapter 37 of the Domestic Relations Code.
DEBTS OF THE PARTIES
5.1
The parties acknowledge that they have certain cuts tanding
debts that were in existsnce at the time of their separation and
that they have distributsd their debts to their mutual agreement.
More specifically, Wife has and shall continue to assume sole and
exclusive responsibility for repayment of the dsbt due and owing
to FirstBank, MasterCard and the Me11cn Bank MasterCard. Wife
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shall accept sole and exclusive responsibility for repayment of
these debts and shall indemnify Husband and hold him harmless
from and against any and all demands for payment or collection
activity of any nature relative to these two debts.
It is
further acknowledged that at the time of execution of this
Agreement, Wife is not aware of any additional debts or loans of
any nature that may have been secured by Husband, nor is she
aware that there are in existence any additional joint debt. As
such, any debt that so exists shall be retained solely by Husband
and shall be his sole responsibility for repayment.
Husband
shall indemnify Wife and hold her harmless from and against any
and all demands for payment or collection activity of any nature
whatsoever relative to any additional debts.
1.2
Each party represents to the other that except as otherwi.e
specifically set forth in this Agreement, and more particularly
a. set forth in subparagraph 5.1 above, there are no major
out.tanding obligations of the parties I that since the separation
neither party has contracted for any debts for which the other
will be responsible and each party indsmnifies and holds harmless
the other for all obligations separately incurred or assumed
under this Agreement.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and
their legal effect have been fully explained to the parties by
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their respective counsel, being Rebecca R. Hughes, Esquire, for
Hueband and Bradley L. Griffie, Esquire, for Wife. The parties
acknowledge that they have either received independent legal
advice from counsel of their own selection or that they have
specifically chosen, with full knowledge and on their own
VOlition, to not seek legal advice relative to this Agreement.
They further acknowledge that they fully understand the facts
that are the basis of this Agreement. They acknowledge and
accept that this Agreement is being ontered into freely and
voluntarily, after having the opportunity to receive legal advice
and with the knowledge that execution of this Agreement ie not
the result of any duress or undue influence, and further that it
ie not the result of any collusion or improper or illegal
agreement or agreements.
'.2
Counsel Fees. Each party agrees to bG responsible for his
or her own legal feos and expensos, and each party hereby agrees
to waive any claim for alimony, alimony pendente lite, counsel
fees, expenses or costs.
'.3
Tax Deduction. The partles shall equally share in claiming
the parties' child, Amanda Hoover, as a Federal Income Tax
dependency deduction. Father has claimed the child as a tax
dependent for 1997 and Mother shall claim the child as a
dependent for the tax year 1998. The parties shall then continue
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alternating claiming the child for dependency purposes
Father claiming the child in odd numbered tax years and
claiming the child in even numbered tax years.
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Mutual Release. Husband and Wife each do hereby mutually
remiae, release, quitclaim, and forever discharge the other and
the eatat. of such other, for all times to come and for all
purpoaes whatsoever, of and from any and all right, title and
intereat, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or
againat the estate of such other, of whatever nature and
where.oever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other,
or any part thereof, whether arising out of any former acta,
contracts, engagements, or liabilities of such other as by way of
dower or curtesy, or claims in the nature of dower or curteey 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 WillI 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) Pennsylvania, (b) any
stat., commonwealth or territory of the United states, or (c) any
other country, or any rights which either party may have or at
any time hereafter have for past, present, or future support or
maintenance, alimony, alimony pendente lite, counsel fees, costs
or expenses, whether arising as a result of the marital relation
with
Mother
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or otherwise, except and only except, all rights and agreement.
and obligations of whatsoever nature arising or which may ari..
under this Agreement or for the breach of any thereof. It i. the
intention of Husband and Wife to give to each other by execution
of this Agreement a" full, complete, and general release with
re.pect to any and all property of any kind or nature, real or
per.onal, not mixed, which the other now owns or may hereafter
acquire, except and only except, all rights and agreement. and
obligation. of whatsoever nature arising or which may arise under
thi. Agreement or for the breach of any thereof.
'.5
BankruDtcv. The parties agree that any and all financial
Obligations assumed herein shall not be subject to discharg.
through bankruptcy proceedings. This inClUdes, but is not
limited to, all financial obligations assumed under Paragraph
3.8, 4.1 and 5.1 of this Agreement. In the event either party
attempts to avoid financial obligations described herein through
bankruptcy proceedings the other party shall have an independent
claim against the party Claiming bankruptcy for any and all sums
that the other party assumes or is required to PAY due to the
actions of the party Claiming bankruptcy. Further, all rights
available to the other party provided for in Paragraph 6.14
hereinafter shall be available to the party not filing
bankruptcy.
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Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify or hold the other
party harmless from and against any and all such debt_,
liabilities or obligations of every kind, including those for
neceesities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent
and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided for
by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other
may be liable.
'.7
No waiver or modification of any of the terms of this
Agreement shall bu 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.
'.8
Husband and Wife covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases,
satiSfactions, deeds, notes or such other writings as may be
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necessary or desirable for the proper implementation of thi.
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry fully and effectively the
terms of this Agreement.
...
Thi. Agreement shall be construed in accordance with the
law. of the Commonwealth of Pennsylvania which are in effect as
of the date of execution of this Agreement.
'.10
This Agreement shall be binding and shall inure
benefit of the parties hereto and their respective
executors, administrators, successors and assigns.
'.11
This Agreement constitutes the entire understanding of
parties and supersedes any and all prior agreements
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
'.11
Severabilitv. If any term, condition, clause, section, or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be
valid and continue in full force, effect, and operation.
Likewise, the failure of any party to meet his or her obligation
under anyone or more of the articles and sections herein shall
in no way void or alter the remaining obligations of the parties.
to the
heirs,
the
and
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'.13
It is specifically understood and agreed that this Agreement
constitutes an squitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Divorce cods of the Commonwealth of Pennsylvania.
'.14
Disclosurs. The parties each warrant and represent to the
other that he or she has made a full and complete disclosure to
the other of all assets of any nature whatsoever in which party
ha. an interest, of the sources, and amount of the income of .uch
party of every type whatsoever, and all other facts relating to
the subject matter of this Agreement.
..11
Enforcsabilitv and consideration. This Agresment shall
.urvive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the partiesl and any
independent action may be brought, either at law or in equity, to
enforce the terms of the Agreement by either Husband or Wife
until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual
bensfits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein
contained in stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby. In the event
either party breaches the aforesaid Agreement and it is
22
. .
..
determined through appropriate legal action that the alle;ed
party haa ao br.ached the Agreement, the breaching party ahall b.
reapon.ible for any and all attorney's fees as well aa coata and
expanaea aasociated with litigation incurred by the non-br.achin;
party to enforce this Agrsement against the breaching party. In
the event of breach, the non-breaching party shall hava the
ri;ht, at his or her election, to sue for damagss for such brsach
or to seek such other and additional remedies as may be available
to him or her including equitable entorcement of the Agr....nt.
IN WITNESS WHEREOF, the parties hereto have set their hands
and .eals the day and ysar first above written.
WITNESSED BY:
~.~
MO A D. HOOVER
~~ (..~
FRANK E. HOOVER
23
.' .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~l.l.I-Ju\.k..J.
On tht. theJ:)tb.day of
)
) SS
)
QpAil
, 1998, before me, the
under.iqned officer, personally appeared MONICA D. HOOVER, known
to m. (or .atisfactorily proven) to be the person whose name i.
.ubsoribed to the within Agreement and acknowledged that _he
ex.cuted the sams for the purposes therein containsd.
IN WITNESS WHEREOF, I hereunto set my hand and official
.e.l.
""J.=~NllIa
c.-.Ilora, c_ CounIv
l.ly CllIMllIIlon Eaplm Aplt117, IlIlIV
0?~"ug: A~n__
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF c.vmb~ClN\&L,
On this the \ '2>% day of
)
) SS
)
A-v~
, 1998, before
me,
the undersigned officer, personally appeared FRANK E. HOOVER,
known to m. (or satiSfactorily proven) to be the person whose
name i. subscribed to ths within Agreement and acknowledged that
h. executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
..al.
Noll"" SIll
CI~ Nge'. Notlry PUblic
My Comml..Ion' E~p'r,~~~:~\.~~~1~gg
em .r, .nnsy Vln I nOct.., ar. ~ ,f1rI~.
~~, ~.l1LbLL
24
. .
.
.
~
v.
I IN THE COURT OF COMMON PLEAI OF
I
I CUMBERLANDCOUNTY,PINN8YLVANIA
I
I CIVIL ACTION. LAW
I
I NO. 95-54" CIVIL TERM
I
I IN DIVORCE
nANK I. HOOVER,
..alatlff
MONICA D. HOOVER,
Def.....,
MARriN TO TIlANIMIT ...NlIlD
To the Prolhonolll)':
1iIIlamlllbe record, Ioaetber wilh lbe followlllllnfOllllllloll, 10 lbe cOlll1 for colly of. divorce dec:ne:
I, Oround for Dlvon:c: Irretricvablc breakdown under Scc:lion 3301(c) oflbe Divon:c Code.
2, PIle IIIlIIIlIIIIIIlI' of Hr\ficc of complaint: A certified c:opy of lbe Complalnlln Divorce wu acrved upon
the dcfeDdIaI, Moalc:a D. Hoover. on May 23. 1997. and II cvldcm:ed by lbe Acceptance of ServIce .lped by
dlrIIldaa'lIIlIlUtd on May 27. 1997.
3. Complcle cllber JIIIIII'IIlh (a) or (b).
(a) Dale of cx_lion of Ibe affidavll of COIlICIII requlrcd by Scc:lion 3301(0) of the Divorce
Code: by pIalnllft': A1IJIII113. 1991; by defendant: A1IJIII121. 1991.
(b)(l) Dale of cx_lion of the affidavil rcqulrcd by Scc:liOll 3301(d) of the Dlvon:e Code:
(b)(2) Dale offllln, and acrvlcc oflllc plalnllll'. affidavil upon lbe defendant:
4. Relalcd claim. pendln,: NONE.
5. CllIIIplcle cllber (a) or (b).
(a) Dale and l1lIIIIIC\'ofHr\flce oflbe NOllcc oflnlcllllon 10 flIc Praecipe 10 Tranamll Record.
. c:opy of which IllI1Il:hed:
(b) Dale plalnllll'. Waiver of Notice in Sec:lion 3301(c) Dlvon:c wu flied willi lbe
Prolhonollry: Seplember 10, 1991.
Dale defendanl'l Waiver of Notice In Sec:lion 3301(c) Dlvon:c wu flied willi lbe
ProIIIonollry: Seplember 10, 1991.
REBECCA R. HVGH I
Allonl)' 'Dr "al.d"
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FRANK E. HOOVER,
Plalntln'
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
.
.
: CIVIL ACTION - LAW
MONICA D. HOOVER,
Berendant
: 9!1-~"1'11CIVIL TERM
: IN DIVORCE
NOTtCE TO DEF~
You have been sued In court. If you with to defend aga!l\It the claims set forth In the
fuUowlna Net, you mUll take prompt action. You are warned that if you fill to do 10, the cue
may proceed without you and a decree In divorce or lMulment may be entered apinat you by the
COUI1. Ajud8lllent may a110 be entered apinat you for any other claim or reUefreque.ted In thele
papen by the plaintiff. You may 101e money or property or other risht. Important to you.
lncIudlna cu.tody or vIlitatlon of your children.
When the around fur divorce I. Indlgnitle. or Irretrievable breakdown of the maml8C, you
may requCll ll1IITiIae colllllClllns. A Il.t of maml8e counlelon i. available in the Office of the
Prothonotary. Cumberland County COUl1houle. Carlllie, PeMlylvania 1701].
D' YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA W\'J:R'S RES 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. D' YOU
DO NOT SAVE A LAWVER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OrnCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
BELP.
Court Admlnl.trator
Cumbertand County Courthou.e Fourth Floor
1 Courthou.e Square
Cartl.le, Penn.ylvanlaI7013
(717) 240-6200
s.
The Plaintiff aven that he baa been advlaed of the availablUty of counaellna and that u1d
party baa the rlaht to requeat that the court require the partlel to participate In counae1lni.
WHlRlPOU, the Plaintiff demandl judgment
a. D1l1Otvlna the manille between the two partlel;
b. Equitably dlltributlna ail property. both personal
and real, owned by the partin; and
c. for IlIch further reUefu your Honorable Court may deem
equitable and jUlt.
aHIlJI1I
9.
The averment I of p.......apha One throush Six are Incorporated herein by .eference II
thouah fWIy let forth below.
10.
Plaintiff averl al the groundl upon which the Action In Divorce II bued II that the
manille of the partlel II Irretrievably broken.
11.
The Iverment. of PlJ'III'IPh Eight 11'0 Incorporated herein by reference u though fully let
forth below.
WBJ:UFOU. the Plalntlft' demand. judgment
I. D1l1OlvIna the marrilie between the two partie.;
b. Equitably diltributJna all property, both perlOW
and real, owned by the partiea; and
c. for IUch fbrther relief u your Honorable Court may deem
equitable and JUIl.
I verItY that the ltIIemcnt. made in thi. complaint 11'0 tRle and colTeCt. I underatand that
&Iae lIItoment. herein 11'0 made IUbject to the penalties of I BPI. C. S. Section 4904, relatJna to
unawom filliftcation to authorities.
-';:~J[' ~
FRANK E:HOOVER
PlANK R. HOOVIR,
Plaintiff
v..
I IN THE COURT or COIIMON PLBAS or
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION - LAW
I
I
I 95-5499 CIVIL TERM
I IN DIVORCE
MONICA D. HOOVER,
Defendant
ACC.PrANCE or SERVICE
I hereby acknowledqe that I received a true and correct copy
of the co.plaint in Divorce filed by the Plaintiff in the above-
captioned action on or about October 19, 1995 and further so that
I accepted .ervice.
DATil
;-/t..JJ,7
,
ift~~<J. }
Moni D. Hoover
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FRANK B. HOOVER.
PIIiDIitr
: IN 1lIB COUllT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
.
.
: CIVIL AcrJON . LAW
: 95.5499 CIVIL TERM
MONICA D. HOOVER.
DeftIadaat
.
.
: IN DIVORCE
I. A C-V-"-t Ia Divon:e Ullder Sectloa 3301(0) oftbe Divon:e Code wu tIW
oa October 13, 1995,
2. Tbe IIIIIriap ofPlllDlift' ud Defeadant II l..o1blMbly broken ud DiIIIty (90)
days aft "'v-" tam tbe date oftbe 8IlDa oftbe C~
3. I QIo..- to tbe IIItIy ora 8aal Decree ofDlvon:e aft.-..me. ofnodoe of
~ to req\IIIIt IIItIy oftbe decreeI.
I VERIFY 11IAT mE STATEMENTS MADE IN 1lIB FOREGOING
AFPIDAVIT ARE TRUE AND CORRECf. 1 UNDERSTAND 11IAT FALSE
STATEMENTS HERBIN ARE MADE SUBJECf TO 1lIB PENALTIES OF PLe.S.
4\104 RELATING TO UNSWORN FALSIFICATION TO AtrrHORlTlES.
DATE:~ ../ ..--{i.). J5-.
MONlctM>. HOOVER
Defendant
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~ MONICA D. HOOVER.
, . ~ .....dtr
~
:IN THE COURT OF COMMON PLEAS OF
.
,
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v,
CIVIL ACI'ION. LAW
;)
. FRANKl. HOOVER
Deleada.t
95- 54" CIVIL TERM
.
,.
IN DIVORCE
AND NOW cornea the defendant. Frank E. Hoover, by and throup hll attorney.. IJwIn,
McKnJaht & Huahet. ElClulrea. and llIathll Pre-Trial Statement u required by Rule 1920.33 of
the PA Rulli ofCoun. Mltlna forth u foUowl:
L MARITAL ASSETS
See Inventory and AppralRlllOllt attached u Exhibit · A. "
R EXPERT WITNESSES
A. Ponlbly wlU have expert wltnell regarding value of the rea1 eltate and the
penonal property.
m. WITNESSES
A. Frank E. Hoover: will teltllY .1 to the marital Usetl existing It the time of
ICpII'Itlon, and the flctorl affecting dlltributlon.
B. The defendant reservel the right to call any other wltnelsel rclevantto the Illuel
presented before the Divorce Muter.
...
.
IV. IXHIBITS
A. Inventory and Apprallllllll\t
B. Income and ExpelIIe Statement
C. Penonal tax Itatement
D. Defendant fIIIIVCI the rJaht to admit other exhIbltl u relevant to the 111IIII before
.... D1vonl1 Malt.-
V. INCOMI AND EXPENSES
A. See defindant'llncome and expenaeIltltement attached u Exhibit "A."
VL PINSION
1111 pIaIntlft' hu I penalon with Polyclinic Hoapltal. The plaint1ft' hu not yet providtd I
...... for IIicl penalon.
1111 ~ hu a profit aharina plan with Exel Loalltlcl. The defendant will provide a
lUt... ofllld profit aIwlna plan.
VB. MARITAL DEBT
The panlel c:umntly have a mortPie lIalnlt both the marital property and the property
In Juniata County.
IX. PROPOSED RESOLUTION
Attached II Exhibit "0" II I copy of I manille aettlement llreement prepared by the
plalntlft'1 attorney which hu been a1ped by the defendant. SubllOCJuent to the defendant a1an1na
IIicl aar-nent, the plaintiff viollted the terml of Aid qreement by attemptlna to removina
additional perlOnaI propeny from the marital home. The defendant propolOl that the property be
dlstributed purlllll1t to the terml contained In the nwrIaae aettlement agreement which wu
previously prepared by plalnllft'1 Ittorney and Ittached II Exhibit "0."
2
t
..
.
RelplctfWIy IUbmItted,
IRWIN McKNIGHT A HUGHSS
By:
Rmc:a R. fIuahea, Eaqulre
60 Wilt pomftet Street
CutiJle, P A 17013
(717) 249.2353
SU&nnI Court I.D. No. 67212
Altol1ll)' for Defendant. Fruk E. Hoover
DIIe: ~/:J?
.1997
3
I..
Exhibit "A"
,
INCOME AND EXPENSES,STATEMENT or
FRANK E. HOOVER
SSN
OM
DATE
THIS STATEMENT MUST BE FILLED OUT
(If you 11'I M1f-employed or If you are lllaried by a bulinesa of which you 11'I owner In whole or In part, you
IIlUIt alto flU out the SuP.......... lacoIDe Stat.....t which appean on the lut Plie of thia IDco., uti
....... saa.....t.)
INCOME
(a) Wapi/Salary
EnIpIoyer .t Addma EXEL LOGISTICS
Job Tlt1eIDeacriptlon
Pay Period (weekly. bl-weeldy, monthly)
Groll PlY per PlY Period.................... ............... ............... ............ ....... ....S
payroU Deductlona: SALARIED $34,OOO.OO/year
Fed<<Il Wlthholdlna $
Scx:laI Security $
Loca1 Wap Tax $
Stat,lnc:ome Tax $
RetIrement $
Healthlnaurance $
Other (Ipeelf)') $
$
$
Net Pay per Pay Period..... ........ ...... It ................... ........... .......,.. ....S
(b) Other Inc:ome Week Month Year
Intll'lltlDlvldenda $ $ $
Penalon! Annuity $ $ $
Scx:laISecurity $ $ $
RentalRoyaltln $ $ $
Expenae Account $ $ $
Glfta $ $ $
Unemployment COmpetllltlon
$ $ $
Workmen'a Comp $ $ $
Total, Other Income $ $ $
INCOME AND EXPENSE STATEMENT OF
I verilY lhatthe Ilalemcnll made in thllllll:OR1C and ExpcllJC Stalemcnlarclnlo and COrm;(. I undcntaDd \hat
faIae Ilalemcnll herein arc made IUbjm to the pcnalllCl of 18 Pa.C.S. 4\lO4 rclalllll \0 IIIlIWOm falIiftcalfon \0
lutborillCl.
Dale:
PlalnlllT or Defendant
.
. EXPENSES HOUIIhold Child Houaehold Child
Week Week Month Month
Home
MortppiRent S S $417.00 S
....~ S S S S
U1lIltIee (telephone, heItIna
..... etc.) S S $150.00
BmpIoyment (trIIIIportatiOn, lunchet)
$ S $100.00 S
T....
.... BItate S S $ II 00-1200/year S
r.IOIlII Property S S $ S
Income S S S S
IllIW'IIICI
HomeoWllll'l S S $]OO(vear S
Automobile S S S60B/6mo S
1Jf&I AccldentIHeI1th
S S $ S
Otber $ S $ S
AlItOlllOblle (payment.. fbeI, repaIn) GEO '96
S S $190.00 $
MedlcaI
Doctor, DentiIt. Orthodontill
S S $ S
HoIpitll S S $ S
SpICiaI (aI...... bracea. etc.)
S S S s
Bducltion
PrivIte, PIrochiII School
S $ S $
CoIltp S S $ $
PInonII
CIotblaa s s $150.00 S
Pood S S $]00.00 $
Other (houllbold IUppUea, bIrber, etc.)
S S $50.00 S
Credit plymentlllld 1011II
S S $ $
MIJceUueou.
Houaehold help/child CIIll
S S $ $
Entlltllnment (Inc. papen, boob, v.cation, p.y TV. etc.)
S $ $50.00 $
OiftIlChuitlble contribution.
S $ $ $
LepI Pen $ $ S $
Other child IUpportlallmony paymentl
S $ S S
Other (apecUy) $ $ $ $
Total ExpIlIIeI S S S S
PROPBRTV OWNED Ownerahlp'
Detcriptlon Value H W J
Cbeelrh'l Accountl S
S
Savillp Accountl S
S
CrtcIlt Union S
S
StockalBondl S
S
RIal Eatatl S
S
Other S
S
Total Propel1)' S
Coveraae
INSURANCE Company Policy No. H W C
Hoapltal
MIdIeaI
HeaIthI~
DIubIIIty Income
Other (dental, eto.)
('H.Huaband, W.Wlfe, J.Jolnt, C.chlld)
SUPPLEMENTAL INCOME STATEMENT
A. 11111 form mull be ftUed out by a penon who (check one):
(I) operat.. a bualneu or practlcea a prof..alon; or
(2) II a member ora partnenhlp or joint venture; or
(3) II a ahareholder In and II uIarled by a cloted corporation or almllar entity.
B. Attach to thIlll1tem1nt a copy of the foUowlna documentl relatlna to the bualne.., profeulon, partnenhlp,
joint wntUn, corporation or almllar entity.
(I) the moll recent Federal Income Tax Return, and
(2) the moll recent Profit and Lo.. Statement.
C. Name and Addrea. ofbualne..:
Telephone number
D. Name and Addre.. (If different than C) of accountant. controller or other perlOn In charse of financial
record.:
E. (l) Annual Income from bu.lne..
(2) How often I. Income received?
(3) Orol.lncome per pay period
(4) Net Income per pay period
(5)Sl*lfic deduction. If any
s
s
s
s
s
Exhlblt"B"
. ......i..,.
"
..P..&TION AND PROPERTY SETTr.rMRNT AGREEMENT
THIS AGUIII!NT, .ad. thie day of , 11116, by
and b.tween MONICA D. HOOVER, of !5 North Letort Driv., Carli.l.,
cuab.rland county, Pennsylvania, party of the fir.t part,
hereinafter r.f.rred to ae "Wife",
AND
PRANK I. HCOVlR, of !l North Letort Drive, Carli.le,
c::uIIberland County, Penn.ylvania, party of the ..cond part,
hereinaft.r r.ferred to ae "Hu.band",
WITNISSITHI
WHIRIAI, Hu.band and Wife were marri.d on May 31, 1'80, in
Iharaan. Dale, P.rry County, P.nn.ylvania, and
WHIR&lI, Hueband and Wife are r..id.nt. of the Co..onwealth
of 'enn.ylvania and have been .0 for at l.aet the pa.t .ix
aonth.,
WHIRIAS, c.rtain diff.renc.. have arie.n b.tw.en the parti..
hereto which have mad. th.m de.irou. of living s.parate and apart
froa one another, and
WHlRIAS, Hueband and Wife d.eir. to ..ttle and d.t.~ine
their aarital right. and obligatione, and make an .quitabl.
di.tribution of their marital property, d.t.rmine th.ir right. to
aliaony and .upport and any oth.r matt.re which may b. con.id.r.d
und.r the Do...tic R.latione Cod.1 and
WHIRIAS, it i. the int.ntion and purpo.. of thi. Agr....nt
to .et forth th. r.ep.ctiv. righte and dutie. of the parti..
while th.y continu. to live apart fro. .ach oth.r and to ..ttle
all financial and property rights betw..n them, and
1
WHEREAS, the p.rtie. h.reto have mutu.lly ent.red into .n
.gr....nt tor the divi.ion of their jointly owned ....t., the
pravi.ions tor the li.biliti.. they ow., and provi.ions for the
r..olution ot th.ir mutual differences, after both hav. had tull
and ..pl. opportunity to con.ult with attorn.ys ot their
r..pectiv. choic., and the partie. now wi.h to hav. that
agre...nt reduc.d to writing.
NOW, THIRIrORB, the parti.s her.to in con.id.ration at the
autually ..d. and to be kept promi.e. ..t forth h.r.inatt.r and
tor oth.r good and valuable con.ideration, and intending to be
l.gally bound and to legally bind their h.ir., .ucces.or.,
a..19ft., and p.r.anal repr..entative., do her.by cov.nant,
proa1s. and agr.. a. follow.,
ARTICLE I
SEPARATION
1.1
It .hall be lawful for Husband and Wife at all time.
h.r.att.r to live separate and apart trom each other and to
r..id. trom time to time at .uch place or place. a. they .hall
r..p.ctiv.ly d... fit free from any control, re.traint, or
interter.nce, direct or indirect, by each other. N.ither party
.hall mole.t the other or compel or endeevor to compel the other
to cohabitate or dwell with him or h.r by any legal or other
proc..ding..
The foregoing provisions shall not be tak.n to be
an adai.sion on the part of either Husband or Wife of the
lawtulnes. ot the cau.e. l.ading to them living .eparat. and
apart.
2
ARTICLE II
DIVORCE
a.l
This Agr..m.nt i. not pr.dicat.d on divorc..
It
i.
ap.cifically und.r.tood and agr.ed by and betwe.n the partiea
her.to and each of the said parti.s does h.reby warrant and
repre..nt to the other that the .xecution and delivery of thie
A9r....nt 1. not predicat.d upon nor made subj.ct to any
.qr....nt for inetitution, pro..cution, d.fens., or for th. non-
prosecution or non-def.nse of any action for divorcel provid.d,
how.ver, that nothing contain.d in this Agr..m.nt ehall prev.nt
or pr.clude .ither of the parties hereto from comm.ncing,
inetitutinq or proeecutinq any action or action. for divorce,
either .beolute or otherwiso, upon juat, legal and proper
groun4a, not to pr.v.nt either party from d.f.nding .ny such
action which has b..n, may, or shall be instituted by the other
p.rty, or from making any just or proper defense thereto. It i.
w.rr.nted, cov.nanted, and rspresented by Husband and Wife, each
to the oth.r, that this Agreement is lawful and enforcsable and
thie w.rranty, cov.nant, and repres.ntation i. mad. for the
.p.cific purpose of inducing Husband and Wife to ex.cut. the
Aqr....nt.
Hueband and Wife each knowingly and understandingly
h.reby waive any and all possible claims that thia Agre.ment i.,
for any r.a.on, illegal, or for any reason whatsoev.r of public
pOlicy, un.nforceable in whole or in part. Husband and Wife do
.ach hereby warrant, covenant and agrse that, in any pos.ible
3
.v.nt, he .nd ahe .re and shall forever be estopped from
....rting any illegality or unenforceability as to all or any
part of this Aqreement.
1.2
It ie further .pecific.lly understood and agreed that the
provieion
of this Aqreement relating
to
the
.quitable
dietribution of property of the p.rtiee are accepted by each
party as a final eettlement for all purpo.es whataoever.
Should
.ith.r of the p.rtie. obt.in a decree, judgment or order of
a.paration
or divorcG in any other state,
country,
or
juri.diction, each of the parties to this Agreement hereby
con.ent. and agree. that this Agreement .nd .11 its covenant.
ahall not be .ffected in .ny way by any such separation and
divorce.
1.3
This Aqreement shall survive any decree in divorce and .hall
b. forever binding and conclusive on the parties.
It ia
und.ratood by .nd between the parties that this Aqreement .hall
be incorporated into .ny decree, divorce or separation, but it
ah.ll not ba deemed merged into such decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The partie. have attempted to divide their marital property
in . m.nner which conforms to the criteria set forth in the
Penneylvania Divorce COde, t.king into account the following
conaideratione: the length of ths marriage I the prior marriages
4
of the partiesl the aqe, health, station, amount and eourcee of
inco.e, vocational skills, employability I estate, liabilities,
and needs for each of the parties I the contribution of one party
to the education, traininq or increased earninq power to the
other party, the opportunity of each party for future acquisition
of capital assete and incomel the sources of income of both
partiee, including but not limited to medical, retire.ent,
inaurance or other benefite, the contribution or disaipation of
each party in the acquiaition, preaervation, depreciation, or
appreciation of marital property, including the contribution of a
party as a homemaker I the value of the property set apart to each
party, the standard of living of the parties established durinq
their marriaqe, the economic circumstances of each pftrty,
includinq federal, state and local tax ramifications, at the ti.e
of the diviaion of the property is to become effective, and
whether the parties will be serving as the custodian of any
dependent minor children.
3.a
The division of existing marital property is not intended by
the partiea to constitute in any way a sale or exchange of aeeets
and the division is being effected without the introduction of
outaide funds or other property not constitutinq marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
5
3.3
Per.onal ProD.rtv. Exc.pt as h.reinafter ..t forth in this
parawraph, the partie. acknowledge that th.y have divided their
p.r.onal prop.rty, tangible and intangible, to their mutual
.ati.faction. Th. parties further acknowl.dge that they have the
ca.h, account., or oth.r tanwibl. and intangible prop.rty in
th.ir po.....ion that th.y wish to have and n.ith.r will make any
alai. what.o.ver again.t the other party for any other item. of
.
p.r.onal property or a...t. in that other party'. po.....ion.
Th. sole .xc.ption r.lative to the tran.f.r of p.rsonal
prop.rty r.lat.. to train. that the partie. coll.cted while th.y
w.r. .till re.iding tog.th.r. Th. parti.. agr.. that th...
train. .ay b. .old by mutual agreement. In the event th.y in
fact ar. sold, the parties will equally divide the n.t proc..d.
r.c.iv.d from the sale of the trains. In the .vent that the
tr.in. are not sold, each party retains the right to d.mand, with
fift..n (15) days notics, that the trains be valued by an
apprai..r of the parties' mutual selection, and that the train.
then b. divid.d .qually between the parties, ba..d on the
apprai..d value.
3.4
Lif. In.uranc.. Each party agrees that the oth.r party shall
have sole ownership of any life insurance policies own.d by the
oth.r party. Each party shall have the right to borrow again.t,
cash in polici.., change beneficiaries, and exercise any oth.r
incident. of ownership of the respective policiss free of any
6
riqht or claim by the other party. Each party agrees to .ign any
document. nece.sary to waive, relinquish or tran.fer any riqht.
in auch policie. to the re.peccive party who presently own. .uch
pOlicie..
3.1
Sub.eauentlv Acauired ProDertv. Hu.band and Wife aqree to
waive and relinquish any and all riqht that he or she may now
have or hereafter acquire in any real or tanqible peraonal
property .ub.equently acquired by the other party. Hu.band and
Wife specifically aqree to waive and relinquish any riqht in .uch
property that may arise as a result of the marital relationship.
3.'
Real Eatate. The parties acknowledqe that they are the
joint ownera of real estate located at 5 North Letort Drive,
Carli.le, cumberland County, Pennsylvania, which property ia
owned in the partie.' joint names. Wife agree a to waive,
relinquiah and transfer any and all of her right, title and
intereat in the aforesaid real estate to Husband. Wife will
execute and deliver a special warranty, fee simple deed ao
conveyinq her interest in the property contemporaneously with the
execution and delivery of the deed to the partie. other real
eatate a. hereinafter described.
The partie. are also joint owners of real estate addressed
aa RR 1, Box 642, Honey Grove, Juaniata county, Pennsylvania.
Hu.band shall waive, relinquish and transfer any and all of hi.
right, title and interest in the aforesaid rsal sstate to Wife.
Hu.band shall execute and deliver a special warranty, fe. simple
7
deed to the aforesaid property contemporaneously with Wife's
.xecution and delivery of the d.ed to the North Letort Driv.
prop.rty as h.reinbefore described.
The parties acknowledge that at present th.re i. a mortgag.
due and owing to the First National Bank of Liverpool which
mortgage .xists as a "blanket mortgage" on both parcels of real
estate h.reinbefor. de.cribed. Within fifte.n (15) daya of
execution of thia agreement by both parties, each party ahall
.
initiate a refinancing proce.. with a financial institution of
their choosing which shall cau.e the aforesaid .ortgage due and
owing to First National Bank of Liverpool to b. paid in full. At
the time of payment of that mortgage in full, each party shall be
reaponaible for repayment of fifty percent (50t) of the payoff
amount due and owing at the time the payoff i. .ade. Each party
ahall refinance auch that the new mortgage or encumbrance that
th.y secure shall solely be an encumbrance on the property that
they have retained pursuant to this paragraph of this Agr....nt.
TO the best of the parties' abilities, they will conduct a
.ettlement on each of their respective refinancing in such a
.anner aa to provide a payoff to First National Bank of Liv.rpool
simUltaneously from each refinancing. In the event one of the
parti.s i. able to conduct their rerinancing settlem.nt prior to
the oth.r party, they shall be permitted to secure a written
payoff statement from First National Bank of Liverpool indicating
the total payoff, including principal, interest, recording fe..
and .atisfaction fees that would be due and owing to First
National Bank of Liverpool at that time. The party first
8
refinancing .hall be entitled to pay fifty percent (sot) of that
total aua due. When the other party refinances, they ahall then
be cbliqated for the remaining balance due and owing to First
National Bank of Liverpool to pay that mortgage in full.
Froa the time of execution of the special warranty deeda as
de.cribed above, neither party ehall make any claim whatsoever
r.lative to en ownerShip intsreet or rights to acc.a. to ths
aforeeaid parc.le of real eetate that they have conv.yed to the
other party. In addition, the partie. agree that, pending the
r.finencings anticipated herein, th.y shall be .qually
reaponaibl. for making paym.nt on the bi-we.kly mortgage sua due
to Pir.t National Bank of Liv.rpool for .ach and every paym.nt
that becom.a due and owing from the time of sxecution of thia
Agr....nt forward. In the event either party takes
reaponaibility for payment in full of the monthly paym.nts due on
the mortqag. to First National Bank of Liverpool p.ndinq the
refinancings anticipat.d herein, that party shall b. reimburs.d
for fifty perc.nt (Sot) of the payments made to First National
Bank of Liverpool at the time of the r.financing. In addition,
one. on. party has completed their refinancing, if that i. don.
prior to the other party's refinancing, the first party
refinancing ehell no longer have an obliqation to make paym.nt on
the Pirat National Bank of Liverpool loan, but rath.r, the party
who is conducting the subs.quent r.financing shall b. solely
reaponeible for any subsequent payments due and owing to Firat
Naticnal Bank of Liverpool.
9
.
3.7
Pension. Retirement, Protit-Sharina. Wife agrees to waive,
relinquish and transfer any and all of her right, title and
int.r..t .h. has or may have in h.r individual capacity or a.
Hu.band'. Wife in any and all p.nsion, retirement, profit-
.harinq, .tock options or .imilar accounts with Husband'.
..ployaent with Exc.l Loqi.tic..
Wife h.r.by waive., relinquishes and tran.fer. any riqht,
title and int.r..t .he has in this retirement account, as well a.
any other account. that Husband may have, in his individual nam.,
or .ay have .ecur.d through his pre.ent or prior .mployment.
Hu.band aqre.. to waive, relinquish and tran.fer any and all
of hi. riqht, title and int.rest he has or may have in his
individual capacity or as Wife'. Husband'. in any and all
pen.ion, r.tir.m.nt, profit-.haring, stock option. or .imilar
account. with Wif.'s employment with Poly-Clinic Medical C.nter.
Hu.band hereby waives, relinquishes and tran.fer. any riqht,
title and int.r.st he has in this retirement account a. well as
any oth.r accounts that wife may have in her individual name, or
.ay have .ecur.d throuqh her present or prior employm.nt.
3.'
V.hicles. Wife shall retain sole and exclusive own.r.hip
po.....ion of the 1994 Nissan Pick-Up truck presently in her
po.....ion. Hu.band shall rstain sole and exclusive ownership
and po.....ion of the 1991 Chevrolet Cavalier pre.ently in hi.
po.....ion. Wife shall retain sole and exclusive owner.hip and
po.....ion of her 1990 Honda motorcycle. Each party .hall be
10
.olely and exclusively responsible for any encumbrance on the
atore.aid vehicle. that are beinq retained by them and ehall
indeanity the other party and hold them harmle.e from and aqainst
any and all demand. for payment or collection activity of any
nature what.oever relative to any such encumbrance.. Each party
.hall execute any and all nece..ary document. to waive,
relinqui.h and tran.fer their right, title and intera.t to the
atore.aid vehiCle. within tifteen (15) day. of being reque.ted to
do eo by the other party or the other party'e legal
repre.entative. Any co.t. a.eociated with tranefer ot the title
to any of the atoresaid vehicle. shall be the re.poneibility ot
the party who is a..uminq eole owner.hip of that vehiCle.
3..
Intanaibla Par.onal proa.rtv.
Th. partie. currently have the funde held in an account at
raraer. Trust Company, One West High street, carlisle,
Penneylvania, docketed to Account Number 12-42253. Within
fitteen (15) days ot execution of this Agreement by the partie.,
thi. account .hall be clo.ed with each party retaininq fitty
percent (50') ot the total proceed. held in that account at that
ti.e. Under no circumstances shall the balance in the Farmer.
Tru.t Company account be less than the balance that wa. in the
account ee ot August 1, 1996.
With the exception ot thi. account, the parties have already
divided their intanqible per.onal property, including all bank
account., credit union accounts, savings accounts and the like.
11
Neither party will make any claim of any nature what.oever
aqain.t the other relative to financial accounts or inve.tment.
that are pre.ently retained in the other party's name.
3.10
Th. partie. acknowledge that Wife has initiated a busine..
known a. Monica'. Mountain Mueic C.nter which op.rate. from the
RR2, lox 643, Hon.y Grove, Penn.ylvania prop.rty. Hueband h.reby
vaive., relinquiehe. and tran.fers any and all right, title and
inter..t h. may have in the operation of said businees, a. v.ll
a. any inv.ntory or assets of any natura what.oeVer own.d by the
bu.in... or controlled by Wife via the bu.in.... In the event
any docum.nt. n..d to be executed by Hueband to .0 waive,
relinquieh and tran.fer any and all int.r.et in th. afore.aid
bu.ine.., he will do eo within fifteen (15) day. of being
r.qu.et.d to do .0 by Wife or her legal repres.ntative.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT
AND MAINTENANCE
4.1
The partiee h.rein acknowledge that they have each .ecured
and maintain.d a .ub.tantial and adequate fund with which to
provide theme.lve. 8ufficisnt resource. to provide for their
comfort, maint.nance and su~port in the station of life in which
they are accu.tomed. Husband and Wife do hereby waiv., relea.e
and give up any right. they may re.p.ctfully have again.t the
other for alimony, support or maintenance.
12
4.a
Huab.nd and Wife sp.cifically waiv., r.l.... .nd give up any
rights for .li.ony, alimony p.nd.nt. lit. and .pou.al .upport
pur.uant to Chapt.r 37 of the Domestic R.lations Code.
DEBTS OF THE PARTIES
'.1
The partiea acknowl.dg. that th.y have c.rtain out.tanding
debta that w.re in .xist.nce at the ti.. of th.ir .eparation and
that th.y h.v. distribut.d their d.bts to th.ir mutu.l agr....nt.
Hor. .p.cifically, Wife has and shall continue to a..um. aol. .nd
.xcluaiv. r..pon.ibility for r.paym.nt of the d.bt dUe and owinq
to riratBank, Haat.rCard and the M.llon Bank Mast.rCard. Wit.
ahal1 acc.pt aol. .nd .xcluaive r.apon.ibility for r.paym.nt ot
th... d.bts and ah.ll ind.mnify Husb.nd and hold hi. harml...
from and against any and all demands for payment or coll.ction
activity of any nature relative to these two d.bts. It is
turth.r acknowl.dged that at the time of .x.cution of this
Agr....nt, Wife is not aware of any additional debta or loans of
any nature that may have b..n secured by Husband, nor i. sh.
awar. that th.r. are in existence any additional joint d.bt. A.
such, any d.bt that so .xists shall be retain.d solely by Husband
and shall b. his sole responsibility for repaym.nt. Husband
shall ind.mnifY Wife and hold her harmless from and againat any
and all d.manda for payment or collection activity of any nature
what.oev.r relative to any .dditional debts.
13
. ..
I.a
Each party r.pr..ent. to the oth.r that .xc.pt a. oth.rwi..
ap.cifically s.t forth in thi. Agreem.nt, and more particularly
a. set forth in subparagraph 5.1 abov., there are no major
out.tanding obligations of the parti..1 that .inc. the .eparation
n.ither party has contracted for any debta for which the oth.r
will be re.pon.ibl. and each party ind.mnifies and holds harmle..
the other for all Obligations .eparately incurr.d or a..ua.d
und.r this Agr....nt.
ARTICLE VI
MISCELLANEOUS PROVISIONS
'.1
Advic. of coun.el. The provision. of thi. Agre.m.nt and
their le9al effect have be.n fully explain.d to the partie. by
their re.pective couns.l, b.ing R.b.cca R. Hugh.s, Eaquir., for
Hu.band and Bradley L. Griffie, Esquire, for Wife. The parti..
acknowledge that they have either received independent l.gal
advice from counsel of their own selection or that th.y have
.p.cifically chosen, with full knowledge and on th.ir own
volition, to not seek legal advic. r.lative to this Agr.ement.
Th.y furth.r acknowl.dge that they fully und.r.tand the fact.
that are the basis of this Agreement. They acknowledge and
acc.pt that this Agreement is being ent.r.d into fr..ly and
voluntarily, after having the opportunity to rec.iv. l.gal advic.
and with the knowledge that execution of this Agr....nt i. not
the ra.ult of any dura.s or undua influance, and furthar that it
i. not the result of any collusion or improper or illegal
agraa.ant or agreements.
14
I.a
Coun..1 F.... Each party agr.e. to be responsible for his
or h.r own l.qal fees and expenses, and each party hereby aqree.
to w.iv. .ny claim for alimony, alimony pendent. lit., coun..l
f..., .xp.n... or costs.
'.3
Mutu.l R.1.a.e. Hu.band and Wife each do h.r.by mutually
r..ie., r.l...., quitClaim, and forev.r discharg. the oth.r and
the ..tat. of euch other, for all time. to com. and for all
purpo... what.o.v.r, of and from any and all right, title and
int.r..t, or claims in or against the prop.rty (inclUding inco.e
and qain from property hereaft.r accruinq) of the oth.r or
aqainet the ..tat. of such oth.r, of whatever nature and
wher..o.v.r situate, which he or she now has or at any time
her.aft.r may have against such oth.r, the estate of such oth.r,
or any part thsreof, whether arising out of any former acts,
contracts, engagements, or liabilities of such other as by way of
dow.r or curtesy, or claims in the nature of dower or curte.y or
widow'e or widower's rights, family exemption, or similar
allowanc., or under the intestate laws, or ths right to take
aqain.t ths .pou..'s WillI or the right to treat a lifetime
conveyance by the other as testamentary, or all other right. of a
surviving spouss to participate in a deceased spouse's e.tate,
wh.thsr arising under the laws of (a) Pennsylvania, (b) any
stat., commonwealth or territory of the united stat.., or (c) any
oth.r country, or any rights which either party may have or at
any time her.after have for past, present, or future support or
15
maint.nance, alimony, alimony p.nd.nt. lit., couns.l f..s, cost.
or .xp.n.e., wh.th.r arising as a r.eult of the m.rital r.lation
or oth.rwis., .xc.pt and only .xcept, all right. and agr.em.nts
and obligations at whatso.v.r nature arising or which .ay .ris.
und.r thi. Agr....nt or for the br.ach of any th.r.ot. It i. the
int.ntion of Hu.band and Wife to givs to each oth.r by .x.cution
ot thi. Agr....nt a full, complet., and g.n.ral r.l.a.. with
r..p.ct to any and all property of any kind cr natur., r.al or
p.rsonal, not mix.d, which the oth.r now owns or may h.r.aft.r
acquir., .xc.pt and only .xc.pt, all rights and agr....nt. and
obligation. of what.o.v.r naturs arising or which may aria. under
thi. Agr.ement or for the breach of any ther.of.
'.4
IankruDtcv. Th. parti.. agr.. that any and all financial
obligation. aasumad h.r.in shall not b. subj.ct to diacharq.
through bankruptcy proceedings. This includes, but i. not
limit.d to, all tinancial obligations assum.d und.r Paragraph
3.8, 4.1 and 5.1 of this Aqreement. In the .v.nt .ither party
att..pt. to avoid financial obligations described her.in through
bankruptcy proceedings the other party shall have an ind.p.nd.nt
claim again.t the party Claiming bankruptcy for any and all sum.
that the oth.r party assumes or is required to pay due to the
action. of the party claiming bankruptcy. Further, all right.
available to the other party provided for in Paragraph 6.14
h.r.inaft.r .hall be available to the party not filing
bankruptcy.
16
., .
. ,
..S
Warrantie.. Each party represents that they have not
b.r.tofor. incurr.d or contract.d tor any d.bt or liability or
obliqation tar which the ..tate of the other party may b.
r..pon.ibl. or liable, exc.pt a. may be provided tor in thi.
A;r....nt. Eacb party aqr... to indemnity or hold the oth.r
party barmle.. trom and aqain.t any and all such dabts,
liabiliti.s or obliqation. of .very kind, includinq tho.. tar
n.c...iti.., .xcept for the obliqations ari.inq out at thi.
Aqr....nt. HU.band and Wife eacb warrant, covenant, r.pr...nt
and agre. that .ach will, now and at all tim.s her.atter, ..ve
baral... and k..p the other indemnified trom all debt., charg.s,
and liabiliti.s incurred by the other aft.r the execution date at
tbi. Agr..m.nt, exc.pt a. is otherwise specifically prOVided tar
by the t.rm. ot tbi. Agreement and that neither at them b.r.after
incur any liability whatso.v.r for which the estate of the oth.r
may b. liable.
. I..
...
No waiver or modification of any of the terms at thi.
Aqr....nt shall b. valid unless in writing and signed by bath
part i.. and no waiver of any breach hereof or detault h.r.under
.hall b. deemed a waiver of any subsequsnt default ot the sam. or
.iailar natur..
'.7
Hu.band and Wife covenant and agree that they will forthwith
.xecut. any and all written instruments, assignments, relea...,
.ati.tactions, deeds, notes or such other writinge as may be
17
. I. .
.. .
. . .
n.c....ry or d..irabl. for the prop.r impl.m.nt.tion ot thi.
Air....nt, .nd a. th.ir r.sp.ctiv. coun..l .hall mutu.lly air..
.hould b. .0 .x.cut.d in ord.r to carry fully .nd .ft.ctiv.ly the
t.rm. ot thi. Air..m.nt.
...
Thi. Agr....nt .hall b. con.tru.d in accordance with the
l.w. ot the Commonw..lth of penn.ylvania which .r. in .tt.ct ..
ot the d.t. of .x.cution of thi. Agr....nt.
...
Thi. Air....nt .hall b. bindini and .hall inure to the
b.n.tit ot the part i.. h.r.to and th.ir r..p.ctiv. h.ir.,
ex.cutor., admini.trator., succ...ors and as.ign..
'.10
Thi. Air..m.nt constitut.s the .ntir. und.r.tandini of the
p.rti.. and .up.rs.d.. any and all prior air....nt. .nd
n.iotiation. b.tw..n th.m. Th.r. ar. no r.pr...nt.tion. or
warrant!.. oth.r than those expressly s.t forth her.in.
'.11
S.v.rability. If any term, condition, clause, s.ction, or
provi.ion of thi. Agr.em.nt shall be d.termin.d or d.clar.d to b.
void or inv.lid in law or otherwis., then only that t.rm,
condition, claus., or provision shall be strick.n fro. thi.
Air....nt, and in all oth.r respects, this Agreem.nt .hall b.
valid and continue in full force, effect, and op.ration.
Lik.wise, the failure of any party to meet his or her obligation
und.r any on. or more of the articles and sections h.r.in .hall
in no way void or alter the remaining obligation. of the parti...
18
. ., .
. . ~ )
. . .
..1a
It ie apecifically underatood and agr.ed that thia Agr....nt
conatitut.e an .quitabl. distribution of property, both real and
peraonal, which was legally and beneficially acquired by Huaband
and Wife, or either of th.., during the marriaqe aa contemplatad
by the Divorce Code of the Commonwealth of P.nneylvania.
'.13
Diecloaure. The partiea each warrant and r.prea.nt to the
other that he or eh. haa mad. a full and complete diacloaure to
the other of all aeeeta of any nature whateoev.r in which party
hae an interaat, of the sources, and amount of the income of auch
party of .very type whateoever, and all other facta relating to
the aubj.ct matt.r of this Agr.ement.
'.14
Enforceabilitv and conaideration. Thia Aqr.ement ahall
aurvive any action for divorce and decree of divorce and ahall
for.v.r b. binding and conclusive on the parti.al and any
ind.pend.nt action may be brought, .ither at law or in equity, to
.nforc. the t.rms of the Agr.ement by either Hueband or Wife
until it ehall have be.n fully satiafied and perform.d. The
conaid.ration for thie contract and agr....nt i. the mutual
benefita to be obtained by both of the part i.. her.to and the
covenanta and agresments of each of the parties to the oth.r.
Th. ad.quacy of the consideration for all agr.em.nta h.rein
contain.d in stipUlated, confessed, and admitted by ths parties,
and the partiea intend to be legally bound hereby. In the event
19
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. ., .
.. .
. .
either party breaches the afore.aid Agreement and it i.
det.rained through appropriate leqal action that the alleged
party hae eo breached the Agreement, the breaching party ehall be
re.pon.ible tor any and all attorney'. tee. a. well a. coete and
exp.n... a..ociat.d with litigation incurred by the non-breaching
party to enforce this Agreement against the breaching party. In
the event of breach, the non-breaching party .hall have the
right, at hi. or her election, to sue for damage. for such braach
or to ..ek .uch other and additional remedies as may be available
to him or her including equitable enforcement of the Agreement.
IN WITNESS WHEREOF, the partie. hereto havs set their hande
an4 ..al. the day and year first above written.
WITNESSED BY:
MONICA D. HOOVER
~-^4Aok t.. ~
FRANK E. HOOVER
20
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i
I
I
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... I. ~
PlolnliU
VI.
IIIIICA D. ~
.
Df/Indanl
: IN7HECOURTOFCOMMONPLEASOF
: CUMBERLAND COUNTY, PENNSYlVANIA
: CIJIIL ACTION. LA W
.
,
: Pj.j4PP CIVIL 7'f:RM
: IN DIVORCE
Ma770N FOR APPOINTMENT OF MAS7'ER
MonIca D, Hoo",r, Plo/nlljf, MO"'S 1M courllo appoint a masler with resplcllo 1M
foIlowl". Clo/IIU:
(X) DlVOI'Cf
( ) A"""'""nl
( ) AlllffOn)'
() AI/IffOn)' P,ndlnt, Lite
( X) DlSlrlbl/IIOI' of Properly
( ) SIIJ1POI'I
( ) Counsel fees
( ) COSls a,td Expellses
and In "f1POI1 ojl'" IfIOIlon skll's:
I. DileO"'')' Is COIIIpIII' as 10 ,''' clal"'(s) for which ,''' appo/lll1ff1nl of a
mastfr Is "p/red.
1. 7Pw DeJendanlltas appeared III 1M aclIOl' his allomey, Rebecca HI/ghes,
E.Jqw/,."
J. 7Pw skIhI/Ory grofInd(s) for ,''' divorce Is StcllOll JJOlc,
4. D.III' ,''' IlttflP/lcabl, pan;tgropIr(s)o'
b. An .',,,,,nlltas bI,n reac",d wllh resplcllo Ihe followl"g clal",s:
COIUIItI 10 D1V01'Cf.
c. 7Pw acllon Is COIII'Jiled with resplcllo ,''' followil,g clal",s: Dlslrlbl/llon
of Properly.
.1, 7Pw acllon does not Invol", compl,x Issues of low or facl,
6. 7Pw /wrIng Is '1tpICIN 10 I. 2 dqys.
1. Addillonalll/formallon. If 1lI(V. re 110 lhe ",011011: NOlie
0.: './lJ97
.,~d_...../ -
ORDER APPOINTING MASlER
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COMMONWEALTH OF PElINSYLVANIA )
) SS
COUNTY OF )
On this the day of ' 1996, before .e, the
undereiqned officer, personally appeared MONICA D. HOOVER, known
to .e (or aatisfactorilY proven) to be the person whoee na.e is
.ubacribed to the within A9ree.ent and acknowledged that ahe
exeouted the ea.e for the purpoae. therein contained.
1M WITNESS WHEREOF, I hereunto aet.y hand and official
aeal.
COIIIIOM1flALTH OF PENNSYLVANIA )
) SS
comrrv or )
On thia the day of ' 1996, before .e,
the underei9ned officer, personally appeared FRANK E. HOOVER,
known to .e (or satisfactorily proven) to be the per.on who.e
na.e i. aubacribed to the within Agreement and acknowledged that
he executed the eame for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto .et my hand and official
.eal.
21
(/,\ MONICA D. HOOVER,
( 1 1)lalntllT
vs.
: IN TIlE COURT OF COMMON PLEAS OF
: CUMDERLANDCOUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
FRANK E. HOOVER,
Defendant
: 95.5499 CIVIL TERM
: IN DIVORCI!
PRE-TRIA" STAT~I\tENT OF PLAINT'ff.
MONICA D, HOOVER
AND NOW, comes Plaintiff, Monica D. Hoover, by and thrau8h her counsel of
record, Bradley L. Griffie. Esquire. and tiles the followin8 Pre-trial Statement:
I. MARI1'AL ASSETS
See aUached Inventory and Appraisement
II. EXPERT WITNESSES
Expert witnesses have not yet been retained In the case, aithou8h it Is anticipated
that unle.. the parties can stipulate to a value of the real estate owned by the parties and.
further. can stipulate to a value of the personal property owned by the parties, experts will
be needed to value those items. It Is also possible that an expert will be necessary to value
either or both of the parties' pensions or prollt sharing accounts. PlaintilT reserves the
right to name experts at the time of the pre-trial conference.
III. WITNESSt:S
The only witness that fllBlntl1T intends to call. with the exception of possible
I
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experts as described above. will be the fllalntlfl" herself. The Plalntin'willtestlfY relative to
Ihe value of Ihe various marllal assels and all of Ihe faclors sel forth In the Domesllc
Relallons Code relallve 10 Ihe dlslribullon of marital assels.
Plainllff reselVes Ihe righl to name additional witnesses following the pre.trial
conference and further proceedings In this ClIC.
IV. EXHIBITS
Plainllff anllcipates presenling the following exhibits al trial:
A. Updaled Invenlory and Appraisement
D. Income and Expense Slalement
C. 1996 (or if Ihe hearing occurs in 1998, then 1997) tax returns
D. Pension stalement ofbolh parties
E. Appraisals or evaluations of the real eltate and personal property
owned by Ihe parties
F. Prolll and lossslalemenl as to Ihe business operated by the Plalnliff
Plainllff reselVes the right to idenlitY addilional exhibits for presentation at the lime
of trial following the pre-trial conference and further proceedingsln this matter.
V. INCOME
Plainllff will present a copy of her 1996 income tax return. as well as a current pay
Itub al the time oflhe pre-Irial conference In Ihls matter.
VI. PENSION
Plaintiff has a pension through her employment with the Polyclinic Hospital and
will provide a statement relative to the pension at the time of the pre-trial conference.
The Defendant Is Involved in a profit sharing plan through his employment and
they have other pension benefits available. No documentation has been provided to date
relative to this benefit.
VII. MARITAL DEBT
The parties have a mortgage due and owing to the First National Bank of
Liverpool. which Is a "blanket mortgage" on the parties' two parcels of real estate.
In addition, the parties have a Melon Oank Mastercard and a First Oank
Mastercard with balances that have been due since the time of separation, but which have
been paid by the Plaintiff to date.
VIII. PROPOSED RESOLUTION
It is proposed that the Court divide the parties' marital assets on a 50/50 basis,
based upon the fact that they have the equivalent of a shared physical custody arrangement
with their daughter, Amanda, and. further. based upon the fact that they have equivalent
Incomes and eKpenses.
It Is further noted thai the Defendanl previously attached to his Pre-trial Stalement
a copy of a proposed Separation and Property Settlement Agreement In this callC. It Is
respectfully sUl!llesled that includlnglhlstype of document, which evidences negotiations
between the parties, Is inappropriale and cannot be used as evidence as it is clearly the
ftuill of negoliatlonl. The Agreemenl, however. il evidence of the fiet lhat the Plalntift'
wu willina to modifY her polition extremely relative to the beneftll to which ahe would be
entitled under the law In order to relOlve thll ClIC.
Relpectfully aubmllted,
GRIFFIE & ASSOCIATES
!
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FRANK E. HOOVER, : IN THE COURT OF COMMON PLEAS OF
PlalntllT : CUMBERLAND COUNTY. PENNSYL VANIA
vs. : CIVIL ACTION. LAW
: 95-5499 CIVIL TERM
MONICA D. HOOVER,
Defendant : IN DIVORCE
,QUAL! FlED DOMESTIC REL~ TIONS ORDER
WHEREAS, FRANK R. //()OVER, (hereinafter referred to as "Participant") and
MONICA D. HOOVER, (hereinafter referred to as "Alternate Payee") have agreed to a
division of marital property, which Agreement includes provision for a distribution from
Participant's account in the Exel Logistics Retirement and Savings Plan (hereinafter
referred to as the "Plan"); and
WHEREAS, this Qualil1ed Domestic Relations Order (hereinafter referred to u
the "Order") provides for the division and disposition of the marital components of the
Participant's account In the Plan which is a benellt plan provided by Participant's employer
Exel Logistics of 50 I West Schrock Road. Westerville. Ohio 43081; and
WHEREAS, Participant intends to grant Alternate I)ayee rights to such benel1ts in
such amounts on the terms and conditions prescribed hereinafter as provided for in the
Plan; and
WHEREAS, this Order is intendcd to be a Qualillcd Domestic Relations Order
(hereinafter "QDRO"). as that tcrmls dcl1ncd by Section 414(p) of tile Internal Revenue
Code and Section206(d)(3) of ERISA.
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NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
I. The parties Intend for the Order to constitute a "Qualified Domestic Relations
Order" as defined by Section 414(p) of the Internal Revenue Code of 1986, as amended.
2. This Order applies to the following qualified retirement plan: Exel logistics
Retirement and Savings Plan (hereinafter referred to as the "Plan").
3. Participant's social security number Is 175-48-5561 and Participant does In fact
participate in the Plan.
4. Alternate Payee's social security number is 209-46-1402 and she Is Participant'a
IpOUIO.
5. Participant's date of birth is November II. 1956 and his current and last known
mailing address is 5 North Letort Drive, Carlisle. Cumberland County, Pennsylvania
17013.
6. Alternate Payee's date of birth Is November I. 1957 and her current and last
known malllng address Is RRI Box 642, Honey Grove, Juniata County, Pennsylvania
17035.
7. The Participant's interest In the Plan is marital property subject to distribution
by this Court. As soon as administratively practicable after the Plan Administrator
determines the Order to be a Qualified Domestic Relations Order, and the applicable
appeals period has expired, Administrator shall distribute the sum of TEN THOUSAND
(110,000.00) D(}l,I.AR.Y, which shall be withdrawn from Participant's account In the Plan,
for the Alternate Payee and dlreclly rolled over into an IRA account, account number
SA355.045796. held by and established with Mellon Bank, N.A. of Retirement Plans
Area, P.O. Box 41529, Philadelphia, PA 19101. The amount to be withdrawn from the
2
Participant's account for the Alternate Payee Is non.taxable as an authorized roll-over
from one qualil1ed plan to another qualil1ed retirement account.
8. This Order does not requil'e Ihe Plan to provide any Iype or fonn of benel1t, or
option, not otherwise provided under Ihe Plan; or require the payment of any benel1ts for
the Alternate Payee which are required 10 be paid to another Alternate Payee under
another Order previously detennlned 10 be a Qualil1ed Domestic Relations Order; or
require the Plan 10 provide Increased benel1ts which result from future contributions to the
Plan. Any provision of this Order, which appears 10 be otherwise shall be null and void
and have no elTect.
9. In no event shall the Alternate Payee have a greater right than those which are
Ivallable to the Participant.
10. Any reasonable cosllncurred by the Plan Adminlstralor to elTectuate Ihe tenns
and provisions ofthis Order may be assessed against that party requiring the servitudes of
the Plan Administrator. In the event both parties require services of the Plan
Administrator, such expenses shall be divided equally between them.
11. The parties shall promptly submit this Order to the Plan Administrator for
detennination and approval of this document as a Qualil1ed Domestic Relations Order.
The Plan Administrator is Exel Logistics.
12. A copy of this Order shall bemalledpromptly.relurn receipt requested, to the
Plan Administrator. The Plan Administrator shall within a reasonable time aller the receipt
of this Order. determine whether this Order is a Qualif1ed Domestic Relations Order and
notifY both the Participant and Alternllte Payee of such a determination. Until such time
as a determination has been made. the l'lan Administrator shall comply with all
3
requirement I impoled upon him by Secllon 414(p)(7) of the Code and Section
206(d)(3)(h) of ERISA. If the Plan Adminlltrator determinel that thil Order II not a
Qualified Domeltic Relations Order. then he shall nollfY the Participant and Alternate
Payee ohuch a determination and reason therefor.
13. Thll Court Ihall retain jurisdiction for enforcement PUrposel and to make any
chanael In thll Order to the extent required to carry out the Intent of the partlel U
evidenced by their affirmationl in their Separation and Property Settlement Asreement.
IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED
DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION
414(p) INTERNAL REVENUE CODE OF 1986, AS AMENDED. The Court mallll
jurisdiction to amend this Order as might be necessary to eltablilh or maintain Itl ItatuI U
. Qualified Domeltic Relallonl Order.
WITNESS:
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Date Frank E. Hoover
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Date MaD. Hoover
Dated and approved by this, the Court of Common Pleas of Cumberland County,
pennlYIVania,this~daYOf~ .1998.
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AUiU.t 26. 1998
E. Robert Elicker, II, Elquire
D1VORle Muter'. Office
9 North HIllOVeI' Street
Carllll., PA 17013
RB: Hoover v. Hoover
No. 95.5499 Civil Tenn
Dear Mr. Elicker:
EncIolId herein pi.... find two photocopie. of the a1aned. wltne.1Id and notarized
Separallon and Property Settlement Aareement from the above captioned action. I would
appreciate If the 81e could now be returned to the Prothonotary'. office and an order
IlCUred vlCltl"l your appointment. I wlli then move forward to finalize the divorce.
Your attention and c:ourtllY I. appreciated.
Very truly yours,
BLOlkjl
EnclolUre
cc: Monica D. Hoover
FRANK E. HOOVER,
plaintiff
I IN THE COURT OF COMMON PLRAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I CIVIL ACTION - LAW
I
I NO. 95 - 5499 CIVIL 19
I
I IN DIVORCE
VS.
MONICA D. HOOVER,
Defendant
STATUS SHEET
DATE I
ACTIVITIESI
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FRANK H. HOOVER,
Plaintiff
IN THE COURT OF COMMON PLEAS or
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 95 - 5499 CIVIL
: IN DIVORCE
VS.
MONICA D. HOOVER,
Defendant
NOTICE OF PRE-HEARING CONFERENCE
TO: Rebecca R. Hughes
Bradley L. Griffie
, Counsel for Plaintiff
Counsel for Defendant
A pre-hearing conference hae been echeduled at the
Office of the Divorce Master, 9 North Hanover Street, Carli.le,
Penneylvania, on the 10th day of October, 1997, at 9:30 a.m., at
which ti.e we will review the pre-trial etate.ent. previously
filed by couneel, define i..ues, identifY witnesse., explore the
poe.ibility of .ettlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/17/97
E. Robert Elicker, II
Divorcs Mastsr
Rebecca R. Hughes, Attorney for Plaintiff, filed a pre-trial
.tate.ent on June 27, 1997.
Bradley L. Griffie, Attornsy for Defendant, has not filed a
pre-trial statement as of the date of this notice.
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FRANK E. HOOVER,
plaintiff
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
vs.
NO. 95 - 5499 CIVIL
MONICA D. HOOVER,
Defendant IN DIVORCE
REI Pre-Hearing Conferencs Msmorandum
DATE I Friday, October 10, 1997
Present for the Plaintiff, Frank E. Hoover, i.
attorney Rebecca R. Hughes, and present for ths Defsndant,
Monica D. Hoovsr, is attorney Bradley L. Griffie.
A divorcs complaint was filsd on october 13, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and indignities. The complaint also raised the
economic claim of equitable dietribution. No othsr economio
clai.e have been raised in the proceedings.
The parties wsrs married on May 31, 1980, and Mr.
Griffie saye that husband left ths bedroom on september 3, 1995,
which in his opinion constituted a separation. Attorney Hugh.e
indicated that she wants to vsrify the date of separation with
her client. If there is any issus about the date of separation
that would affect substantially the case, then couns.l ehould
notify the Master immediately so we can determine how ws want to
proceed on the date of separation matter.
There was one child born of the marriage, Amanda,
who is 13 years of age. Her birthdate is July 26, 1984. The
parties share custody of the child. Neither party is paying
child support, spousal support, nor alimony pendente lite to the
other party.
counsel have advised that the parties will sign and
file affidavits of consent so that the divorcs can be concluded
under ssction 3301(c) of the Domestic Relations code.
Husband is 40 years of age and resides at 5 North
Letort Drive, carlisle, Pennsylvania, where he livss alone. He
is a managsrlsupervisor for Exel Logistics. His annual gross
income is $34,000.00. Husband is a high school. He has not
raised any health issues.
Wife is in her late 30s and resides at RR 1, Box
.. ......~.........
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647, Honeygrove, Pennsylvania, where she residss alone. She is
an e.ployee with the Pinnacle Health Systeme and is a charging
clerk with an annual gross income of $24,000.00. She also has a
bu.ine.. with a partner by the name of John Rugglss (Hr. Griffie
indicated there i. a formal partnership agreement) known as
Monica'. Mountain Mueic center. According to Mr. Griffie, the
tex return for 1996 ehowe a loee for the bueiness of around
$19,000.00. Wife ha. not rai.ed any health issues.
With re.pect to the bu.inee. value for purpo.es of
equitable di.tribution, coun.el have agreed that at pressnt the
only velue to be coneidered would ths inventory. Counsel are
going to determine if they are going to attempt to have ths
inventory appraieed. Charged against that inventory will be any
debt. incident to the purchase of that inventory which may
involve a credit card relating to the business which wifs has
baen paying.
Hueband lives in a marital property at 5 North
Letort Drive, carli.le Penneylvania. Wife lives in a marital
property where the bu.iness is located at RR 1, Box 642,
Honeygrove, Penneylvania. Both properties are subject to a
blanket mortgage in favor of the First National Bank of
Liverpool with an approNimate balance due of $79,500.00.
Couneel havs indicated that both properties will be appraised so
we oln have a value for purposes of the equitable distribution
computation.
Hueband ie vseted in a pension with Exel Logistics
whioh i. a profit .haring plan. Consequently we nsed to have a
.tate.ent showing the value of that plan as of the date of
.eparation and any increase in value based on growth of the
marital portion to the date of hearing.
Husband Was involved in an automobile accident
during thft marriage in 1984 and is currently receiving an
annuity payment of around $245.00 per month as a result of a
.tructured settlement arising out of that accident. Counsel
have indioated that perhaps the best way to handle the annuity
is to have each party receive one half of the present payment
monthly rather than have a computation performed by an expert to
establish a lump sum present value,
Wife is participating in a defined benefit plan
with the pinnacle Health systems and oounsel are going to have
her punslon plan valued.
There in an issue with respect to household
tangible personal property in that wife claims that she and
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hu.band had agresd to divide ths property in a certain way but
husband never relinquished ths property which wife wanted to
take into hsr possession. Subsequently, counsel for wife is
requested to provide a list of the property that wife want. and,
if nece.sary, then counsel will have the property apprai.ed .0
we can use a value of the property that each party will receive
for purpose. of equitable distribution.
Coun.el have advi.ed that there is no issue with
respect to ownsrship or value of vehicle..
Counsel have indicated that they are satisfied that
the equitable distribution can be based on a 50/50 split of the
marital estate. If counsel stipulate at the hearing to an even
split, we do not nesd tsstimony on ths factors.
The marital property debt that we will be dealinq
with e..sntially is ths blanket mortgags in favor of Fir.t
National Bank of Liverpool. Any other marital debt Mr. Griffie
advi.ed, would be related to the bu.ines. a. a re.ult of credit
oard oharges which would be deducted from the inventory value to
.how a net value for the intentory.
At the time the parties completed thsir
refinancing, they had some additional monies realizsd from the
refinanoinq (approximatsly $26,500.00). Wife has requested an
accounting of what happensd to the monies that wers left over
from the refinanoing which were apparently deposited in a bank
account at Farmer. Trust company in carlisle in husband'. naae
only.
A hearing is scheduled for ThurSday, February 5,
1998, at 9100 a.m. Notices will be sent to counssl and the
partie. .
E. Robert Elicker, II
Divorce Master
CCI Rebecca R. Hughes
Attorney for Plaintiff
Bradley L. Griffie
Attorney for Defendant
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GRIFFIE & ASSOCIATES
Attorney. Ind Coun.elon At Llw
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AUBust 17.1998
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E. RobII1 Elicker. n, Esquire
9 Nonh HInover Street
Cartlai., P A 17013
IE: Hoover v. Hoover
95.5499 . CIVIL
Dear Mr. Elicker:
Y 011 will recall that the above captioned cue wu referred to your office for a rOlOlution.
PoIlowlna the Pre-trall Conference, we were able to resolve this matter throuah a
compnhenslve ......ment.
Unfortunately, despite my c:orrespondence to OPpolina coumelln April. May, June. IIld July, I
have been \lIIIbJe to pin a response ftom her or ftom her client relative to the execution of the
final dI\'orce documents, Thll Includes a Separation IIld Ploperty Settlement Apeement that
WII apNd upon by the putles IIld already .Ianed by my client, the Affidavit of Conaent,
Walvw of Notice of Intention to Requeat the Ently of a Decree In Divorce, a Deed, IIld a
QDRO.
Since WI have been unable to conclude thi. cue, we have reached a point where my client hu
no altematlve but to leek court intervention. I would Ippreciate If you would Immediately
ad1edule thI. matter for a Muter'. H..nna 10 that the matter CIIl be concluded.
Sincerely.
BLOIkjI
cc: Rebecca R. Hushes, Elqulre
Monica Hoover
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FRANK E. HOOVER,
Plaintiff
MONICA D. HOOVER,
Defendant
: IN TFIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 95 - ~-¢ q~ CIVIL TERM
: IN DIVORCE
NOTICE TO DEFEND
You have been sued in court, ff you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that il'you fail to do so, the case
may proceed without you and a decree in 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 marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TltEM.
YOU SHOULD TAKE TillS 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
Court Administrator
Cumberland County Courthouse Fourth Floor
1 Courthouse Square
Carlisle, Pennsylvania 17013
(717) 240-6200
FRANK E. HOOVER,
Plaintiff
Ve
MONICA D. HOOVER,
Defendant
: IN ~ COURT OF COMMON PLEAS OF
: CUMBEI~I,AND COUNTY, PENNSYLVANIA
:
: CIVIl, ACTION - LAW
: 95 -d-~tqf C]VI~ TERM
: IN DIVORCE
COMPLAINT IN DIVORCE
PURSUANT TO SECTIONS 3301(a)(6) AND 330Hc~
OF THE DIVORCE CODE
COUNT I
AND NOW, comes the Plaintiff, Frank E. Hoover, by his attorneys, Irwin, McKnight &
Hughes, Esquires, files this Complaint in Divorce against the Defendant upon the cause of action
hereinafter set forth:
The name of the Plalntiffis Frank E. Hoover and the name of the Defendant is Monica D.
Hoover.
The Plaintiff is an adult individual who resides in Cumberland County, Pennsylvania; his
current address being 5 North LeTort Drive, Carlisle, Cumberland County, Pennsylvania 17013.
The Defendant is an adult individual residing in Cumberland County, Pennsylvania, her
current address being 5 North LeTort Drive, Carlisle, Cumberland County, Pennsylvania 17013.
4.
The Defendant and Plaintiff have resided in the Commonwealth of Pennsylvania for at
least six months previous to the filing of this action in divorce.
5.
The Defendant and Plaintiff were married on or about May 31, 1980, in Shermans Dale,
Perry County, Pennsylvania.
6.
There was one child bom to this marriage, Amanda Lee Hoover, bom July 26, 1984.
7.
Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which
this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such
indignities to him as to render his condition intolerable and life burdensome.
o
The Plaintiff avers that he has been advised of the availability of counseling and that said
party has the fight to request that the court require the parties to participate in counseling.
WHEREFORE, the Plaintiff demands judgmem
a. Dissolving the marriage between the two parties;
b. Equitably distributing all property, both personal
and real, owned by the parties; and
c. for such further relief as your Honorable Court may deem
equitable and just.
COUNT II
The averments of Paragraphs One through Six are incorporated herein by reference as
though fully set forth below.
10.
Plaintiff avers as the grounds upon which the Action in Divorce is based is that the
marriage of the parties is irretrievably broken.
11.
The averments of Paragraph Eight are incorporated herein by reference as though fully set
forth below.
WItEREFORE, the Plaintiff demands judgment
a. Dissolving the marriage between the two parties;
b. Equitably distributing all property, both personal
and real, owned by the parties; and
c. for such further relief as your Honorable Court may deem
equitable and just.
I verify that the statements made in this complaint are true and correct. I understand that
false statemems herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to
unswom falsification to authorities.
FRANK E. HOOVER
Respectfully submitted,
~IN'~
/~6~~mUghes, Esquire
fret Street
/~'arlisle, Pennsylvania 17013
(717) 249=_23S3
Attorney for Plaintiff
Supreme Court L D. No. 58884
Date: October l~'~k, 1995
MONICA D. HOOVER,
Plaintiff
V.
FRANK E. HOOVER
Defendant
: IN ~ COURT OF COMMON PLEAS OF
_.
: CUMBEIiI,AND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
9~- 5499 CIVIL TERM
IN DIVORCE
PRE- TRIAL STATEMENT
AND NOW comes the defendant, Frank E. Hoover, by and through his attorneys, Irwin,
McKnight & Hughes, Esquires, and fries this Pre-Trial Statement as required by Rule 1920.33 of
the PA Rules &Court, setting forth as follows:
L
MARITAL ASSETS
See Inventory and Appraisemem attached as Exhibit "A."
IL EXPERT WITNESSES
A. Possibly will have expert witness regarding value of the real estate and the
personal property.
III. WITNESSES
A. Frank E. Hoover: will testify as to the marital assets existing at the time of
separation, and the factors affecting distribution.
B. The defendant reserves the right to call any other witnesses relevant to the issues
presented before the Divorce Master.
IV. EXHIBITS
A. Inventory and Appraisement
B. Income and Expense Statement
C. Personal tax statement
D. Defendant reserves the right to admit other exhibits as relevant to the issues before
the Divorce Master
V. INCOME AND EXPENSES
A. See defendant's income and expenses statement attached as Exhibit "A."
VL PENSION
The plaintiff has a pension with Polyclinic Hospital. The plaintiff has not yet provided a
statement for said pension.
The defendant has a profit sharing plan with Exel Logistics. The defendant will provide a
statement of said profit sharing plan.
VH. MARITAL DEBT
The parties currently have a mortgage against both the marital property and the property
in Juniata County.
IX. PROPOSED RESOLUTION
Attached as Exhibit "B" is a copy of a marriage settlement agreement prepared by the
plaintiffs attorney which has been signed by the defendant. Subsequent to the defendant signing
said agreement, the plaintiff violated the terms of said agreement by attempting to removing
additional personal property from the marital home. The defendant proposes that the property be
distributed pursuant to the terms contained in the marriage settlement agreement which was
previously prepared by plaintiffs attorney and attached as Exhibit "B."
Respectfully submitted,
IRWIN McKNIGHT & HUGHES
Date:
, 1997
ebecca R. Hughes, Esquire / /- \
60 West Pomfi'et Street ~_d
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 67212
Attorney for Defendant, Frank E. Hoover
Exhibit "A"
ROGER B. IRWIN
MARCUS A. McKNIGI. ff, III
JAMES D. HUGHES
REBECCA R. HUGHES
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARDSLE, PENNSYLVANIA 17013-3222
(717) 249-2353
FAX (717) 249-6354
HAROLD S. IRWIN (1925-1977)
HAROLD $. IRWIN, JR. (f954-f98~)
IRWIN, IRWIN & IRFVlN (195~1986)
IRWIN, IRWIN & Mc, KNIGHT (Ig86-fg94)
INVENTOR Y and APPRAISEMENT
FRANK E. HOOVER
I. REAL ESTATE
1. 9 North Letort Drive
Carlisle, PA 17013 ..................................................... Unknown
2. R.D. 1, Box642
Honeygrove, Juniata County, Pennsylvania ................. Unknown
Total ....................... Unknown
IL PENSION AND RETIREMENT
1. Monica Hoover:
a. Pension ................................................................. Unknown
2 Frank E. Hoover:
a. Profit Sharing Plan ................................................ Unknown
Total Pension .......... Unknown
III. PERSONAL PROPERTY
1. Monica Hoover .......................................................... Unknown
2. Frank E. Hoover ........................................................ Unknown
Total Assets ............. Unknown
INCOME AND EXPENSES STATEMENT OF
FRANK E. HOOVER
SSN __DP~ DATE
THIS STATEMENT MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you
must also fill out the Supplemental Income Statement which appears on the last page of this Income and
Expense Statement.)
INCOME
(a) Wages/Salary
Employer & Address EXEL LOGISTICS
Job Title/Description
Pay Period (weekly, bi-weekly, monthly)
Gross Pay per Pay Period ......................................................................... $.
Payroll Deductions: SALARtF. D
Federal Withholding
Social Security $
Local Wage Tax $
State Income Tax $
Retirement $
Health Insurance $
Other (specify) $
$34,000.00/year
Net Pay per Pay Period ................................................................. $
(b)
Other Income Week Month
Interest/Dividends $ $.
Pension/Annuity $. $
Sodal Security $ $.
Rents/Royalties $ $.
Expense Account $ $
~it~s $ $
Unemployment Compensation
$.
Workmen's Comp $.
$
$ $
Year
Total, Other Income $ $ $
INCOME AND EXPENSE STATEMENT OF
I verify that the statements made in this Income and Expense Statement are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to
authorities.
Date:
Plaintiff or Defendant
EXPENSES Household
Week
Home
Mortgage. dRent $
Maintenance $ $
Child
Week
$
Utilities (telephone, heating
electric, etc.) $. $
Employmem (transportation, lunches)
$ $
Taxes
Real Estate $. $
Personal Property $. $
Income $. $.
Insurance
Homeowners $
Automobile $ $
Life/Accident/Health
$
Other $ $
Automobile (payments, fuel, repairs) GEO '96
$
Medical
Doctor, Dentist, Orthodontist
$ $
Hospital $ $
Special (glasses, braces, etc.)
$ $
Education
Private, Parochial School
$ $
College $ $
Personal
Clothing $ $
Food $. $
Other (household supplies, barber, etc.)
$. $
Credit payments and loans
$. $ $
Miscellaneous
Household help/child care
$. $. $
Entertainment (inc. papers, books, vacation, pay TV, etc.)
$ $.
Gifts/Charitable contributions
$ $. $.
Legal Fees $ $
Other child support/alimony payments
$ $. $.
Other (specify) $ $
Total Expenses $ $. $
Household
Month
$417.00
$150.00
$100.00
$1100-1200/year
$
$
$300/year
$608/6mo
$
$190.00
$
$150.00
$300.00
$50.00
$50.00
$
$
$
$
$
$
$
$
Child
Month
PROPERTY OWNED
Checking Accounts
Savings Accounts
Credit Union
Stocks/Bonds
Real Estate
Other
Total Property
Description
Value H
$
$
$
$.
$
$
$
$
$
$
Ownership*
W J
~S~CE
Hospital
Medical
Health/Accident
Disability Income
Other (dental, etc.)
Coverage
Company Policy No. H W C
(*H-Husband, W-Wife, J-Joint, C-Child)
SUPPLEMENTAL INCOME STATEMENT
A. This form must be filled out by a person who (check one):
(1) operates a business or practices a profession; or
(2) is a member ora partnership or joint venture; or
(3) is a shareholder in and is salaried by a closed corporation or similar entity.
B. Attach to this statement a copy of the following documents relating to the business, profession, partnership,
joint venture, corporation or similar entity.
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement.
C. Name and Address of business:
Telephone number
D. Name and Address (if different than C) of accountant, controller or other person in charge of financial
records:
(1) Annual income from business
(2) How often is income received?
(3) Gross income per pay period
(4) Net income per pay period
(5)Specific deductions if any
Exhibit "B"
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of , 1996, by
and between MONICA D. HOOVER, of 5 North Letort Drive, Carlisle,
~mherland County, Pennsylvania, party of the first part,
hereinafter referred to as "Wife",
AND
FRANK E. HOOVER, of 5 North Letort Drive, Carlisle,
~,mherland County, Pennsylvania, party of the second part,
hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, Husband and Wife were married on May 31, 1980, in
Shermans Dale, Perry County, Pennsylvania; and
WHEP~AS, Husband and Wife are residents of the Commonwealth
of Pennsylvania and have been so for at least the past six
months;
WHEREAS, certain differences have arisen between the parties
hereto which have made them desirous of living separate and apart
from one another; and
WHEREAS, Husband and Wife desire to settle and determine
their marital rights and obligations, and make an equitable
distribution of their marital property, determine their rights to
alimony and support and any other matters which may be considered
under the Domestic Relations Code; and
WHEREAS, it is the intention and purpose of this Agreement
to set forth the respective rights and duties of the parties
while they continue to live apart from each other and to settle
all financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of their
respective choice, and the parties now wish to have that
agreement reduced to writing.
NOW, THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and
for other good and valuable consideration, and intending to be
legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant,
promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
respectively deem fit free from any control, restraint, or
interference, direct or indirect, by each other. Neither party
shall molest the other or compel or endeavor to compel the other
to cohabitate or dwell with him or her by any legal or other
proceedings. The foregoing provisions shall not be taken to be
an a~mission on the part of either Husband or Wife of the
lawfulness of the causes leading to them living separate and
apart.
ARTICLF. II
DIVORCE
This Agreement is not predicated on divorce. It is
specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and representation is made for the
specific purpose of inducing Husband and Wife to execute the
Agreement. Husband and Wife each knowingly and understandingly
hereby waive any and all possible claims that this Agreement is,
for any reason, illegal, or for any reason whatsoever of public
policy, unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible
event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any
part of this Agreement.
It is further specifically understood and agreed that the
provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever. Should
either of the parties obtain a decree, judgmeht or order of
separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and
divorce.
This Agreement shall survive any decree in divorce and shall
be forever binding and conclusive on the parties. It is
understood by and between the 9arties that this Agreement shall
be incorporated into any decree, divorce or separation, but it
shall not be deemed merged into such decree.
ARTICLE III
EOUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in the
Pennsylvania Divorce Code, taking into account the following
considerations: the length of the marriage; the prior marriages
of the parties; the age, health, station, amount and sources of
income, vocational skills, employability; estate, liabilities,
and needs for each of the parties; the contribution of one party
to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition
of capital assets and income; the sources of income of both
parties, including but not limited to medical, retirement,
insurance or other benefits; the contribution or dissipation of
each party in the acquisition, preservation, depreciation, or
appreciation of marital property, including the contribution of a
party as a homemaker; the value of the property set apart to each
party; the standard of living of the parties established during
their marriage; the economic circumstances of each party,
including federal, state and local tax ramifications, at the time
of the division of the property is to become effective; and
whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
3.$
Personal ProDert¥. Except as hereinafter set forth in this
paragraph, the parties acknowledge that they have divided their
personal property, tangible and intangible, to their mutual
satisfaction. The parties further acknowledge that they have the
cash, accounts, or other tangible and intangible property in
their possession that they wish to have and neither will make any
claim whatsoever against the other party for any other items of
personal property or assets in that other party's possession.
The sole exception relative to the transfer of personal
property relates to trains that the parties collected while they
were still residing together. The parties agree that these
trains may be sold by mutual agreement. In the event they in
fact are sold, the parties will equally divide the net proceeds
received from the sale of the trains. In the event that the
trains are not sold, each party retains the right to demand, with
fifteen (15) days notice, that the trains be valued by an
appraiser of the parties' mutual selection, and that the trains
then be divided equally between the parties, based on the
appraised value.
3.4
Life Insurance. Each party agrees that the other party shall
have sole ownership of any life insurance policies owned by the
other party. Each party shall have the right to borrow against,
cash in policies, change beneficiaries, and exercise any other
incidents of ownership of the respective policies free of any
right or' claim by the other party. Each party agrees to sign any
documents necessary to waive, relinquish or transfer any rights
in such policies to the respective party who presently owns such
policies.
Subseouentl¥ Acquired Property. Husband and Wife agree to
waive and relinquish any and all right that he or she may now
have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and
Wife specifically agree to waive and relinquish any right in such
property that may arise as a result of the marital relationship.
3.6
Real Estate. The parties acknowledge that they are the
joint owners of real estate located at 5 North Letort Drive,
Carlisle, C~mherland County, Pennsylvania, which property is
owned in the parties' joint names. Wife agrees to waive,
relinquish and transfer any and all of her right, title and
interest in the aforesaid real estate to Husband. Wife will
execute and deliver a special warranty, fee simple deed so
conveying her interest in the property contemporaneously with the
execution and delivery of the deed to the parties other real
estate as hereinafter described.
The parties are also joint owners of real estate addressed
as RR 1, Box 642, Honey Grove, Juaniata County, Pennsylvania.
Husband shall waive, relinquish and transfer any and all of his
right, title and interest in the aforesaid real estate to Wife.
Husband shall execute and deliver a special warranty, fee simple
7
deed to the aforesaid property contemporaneously with Wife's
execution and delivery of the deed to the North Letort Drive
property as hereinbefore described.
The parties acknowledge that at present there is a mortgage
due and owing to the First National Bank of Liverpool which
mortgage exists as a "blanket mortgage" on both parcels of real
estate hereinbefore described. Within fifteen (15) days of
execution of this agreement by both parties, each party shall
initiate a refinancing process with a financial institution of
their choosing which shall cause the aforesaid mortgage due and
owing to First National Bank of Liverpool to be paid in full. At
the time of payment of that mortgage in full, each party shall be
responsible for repayment of fifty percent (50%) of the payoff
amount due and owing at the time the payoff is made. Each party
shall refinance such that the new mortgage or encumbrance that
they secure shall solely be an encumbrance on the property that
they have retained pursuant to this paragraph of this Agreement.
To the best of the parties' abilities, they will conduct a
settlement on each of their respective refinancing in such a
manner as to provide a payoff to First National Bank of Liverpool
simultaneously from each refinancing. In the event one of the
parties is able to conduct their refinancing settlement prior to
the other party, they shall be permitted to secure a written
payoff statement from First National Bank of Liverpool indicating
the total payoff, including principal, interest, recording fees
and satisfaction fees that would be due and owing to First
National Bank of Liverpool at that time. The party first
refinancing shall be entitled to pay fifty percent (50%) of that
total s,,m due. When the other party refinances, they shall then
be obligated for the remaining balance due and owing to First
National Bank of Liverpool to pay that mortgage in full.
From the time of execution of the special warranty deeds as
described above, neither party shall make any claim whatsoever
relative to an ownership interest or rights to access to the
aforesaid parcels of real estate that they have conveyed to the
other party. In addition, the parties agree that, pending the
refinancings anticipated herein, they shall be equally
responsible for making payment on the bi-weekly mortgage sum due
to First National Bank of Liverpool for each and every payment
that becomes due and owing from the time of execution of this
Agreement forward. In the event either party takes
responsibility for payment in full of the monthly payments due on
the mortgage to First National Bank of Liverpool pending the
refinancings anticipated herein, that party shall be reimbursed
for fifty percent (50%) of the payments made to First National
Bank of Liverpool at the time of the refinancing. In addition,
once one party has completed their refinancing, if that is done
prior to the other party's refinancing, the first party
refinancing shall no longer have an obligation to make payment on
the First National Bank of Liverpool loan, but rather, the party
who is conducting the subsequent refinancing shall be solely
responsible for any subsequent payments due and owing to First
National Bank of Liverpool.
3.7
Pension. Retirement. Profit-Sharing. Wife agrees to waive,
relinquish and transfer any and all of her right, title and
interest she has or may have in her individual capacity or as
Husband's Wife in any and all pension, retirement, profit-
sharing, stock options or similar accounts with Husband's
employment with Excel Logistics.
Wife hereby waives, relinquishes and transfers any right,
title and interest she has in this retirement account, as well as
any other accounts that Husband may have, in his individual name,
or may have secured through his present or prior employment.
Husband agrees to waive, relinquish and transfer any and all
of his right, title and interest he has or may have in his
individual capacity or as Wife's Husband's in any and all
pension, retirement, profit-sharing, stock options or similar
accounts with Wife's employment with Poly-Clinic Medical Center.
Husband hereby waives, relinquishes and transfers any right,
title and interest he has in this retirement account as well as
any other accounts that Wife may have in her individual name, or
may have secured through her present or prior employment.
Vehicles. Wife shall retain sole and exclusive ownership
possession of the 1994 Nissan Pick-up truck presently in her
possession. Husband shall retain sole and exclusive ownership
and possession of the 1991 Chevrolet Cavalier presently in his
possession. Wife shall retain sole and exclusive ownership and
possession of her 1990 Honda motorcycle. Each party shall be
10
solely and exclusively responsible for any encumbrance on the
aforesaid vehicles that are being retained by them and shall
indemnify the other party and hold them harmless from and against
any and all demands for payment or collection activity of any
nature whatsoever relative to any such enc,~mhrances. Each party
shall execute any and all necessary documents to waive,
relinquish and transfer their right, title and interest to the
aforesaid vehicles within fifteen (15) days of being requested to
do- so by the other party or the other party's legal
representative. Any costs associated with transfer of the title
to any of the aforesaid vehicles shall be the responsibility of
the party who is assuming sole ownership of that vehicle.
3.9
Intan=ible Personal Property.
The parties currently have the funds held in an account at
Farmers Trust Company, One West High Street, Carlisle,
Pennsylvania, docketed to Account Number 12-42253. Within
fifteen (15) days of execution of this Agreement by the parties,
this account shall be closed with each party retaining fifty
percent (50%) of the total proceeds held in that account at that
time. Under no Circumstances shall the balance in the Farmers
Trust Company account be less than the balance that was in the
account as of August 1, 1996.
With the exception of this account, the parties have already
divided their intangible personal property, including all bank
accounts, credit union accounts, savings accounts and the like.
11
Neither party will make any claim of any nature whatsoever
against the other relative to financial accounts or investments
that are presently retained in the other party's name.
3.10
The parties acknowledge that Wife has initiated a business
known as Monica's Mountain Music Center which operates from the
RR2, Box 642, Honey Grove, Pennsylvania property. Husband hereby
waives, relinquishes and transfers any and all right, title and
interest he may have in the operation of said business, as well
as any inventory or assets of any nature whatsoever owned by the
business or controlled by Wife via the business. In the event
any documents need to be executed by Husband to so waive,
relinquish and transfer any and all interest in the aforesaid
business, he will do so within fifteen (15) days of being
requested to do so by Wife or her legal representative.
ARTICI,E IV
ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT
AND MAINTENANCE
4.1
The pa~ties herein acknowledge that they have each secured
and maintained a substantial and adequate fund with which to
provide themselves sufficient resources to provide for their
comfort, maintenance and support in the station of life in which
they are accustomed. Husband and Wife do hereby waive, release
and give up any rights they may respectfully have against the
other for alimony, support or maintenance.
12
4.2
Husband and Wife specifically waive, release and give up any
rights for alimony, alimony pendente lite and spousal support
pursuant to Chapter 37 of the Domestic Relations Code.
DEBTS OF THE PARTIES
5.1
The parties acknowledge that they have certain outstanding
debts that were in existence at the time of their separation and
that they have distributed their debts to their mutual agreement.
More specifically, Wife has and shall continue to assume sole and
exclusive responsibility for repayment of the debt due and owing
to FirstBank, MasterCard and the Mellon Bank MasterCard. Wife
shall accept sole and exclusive responsibility for repayment of
these debts and shall indemnify Husband and hold him harmless
from and against any and all demands for payment or collection
activity of any nature relative to these two debts. It is
further acknowledged that at the time of execution of this
Agreement, Wife is not aware of any additional debts or loans of
any nature that may have been secured by Husband, nor is she
aware that there are in existence any additional joint debt. As
such, any debt that so exists shall be retained solely by Husband
and shall be his sole responsibility for repayment. Husband
shall indemnify Wife and hold her harmless from and against any
and all demands for payment or collection activity of any nature
whatsoever relative to any additional debts.
13
$.Z
Each party represents to the other that except as otherwise
specifically set forth in this Agreement, and more particularly
as set forth in subparagraph 5.1 above, there are no major
outstanding obligations of the parties; that since the separation
neither party has contracted for any debts for which the other
will be responsible and each party indemnifies and holds harmless
the other for all obligations separately incurred or assumed
under this Agreement.
ARTIC?.~ VI
MISCELLANEOUS PROVISIONS
6.1
Advice of Counsel. The provisions of this Agreement and
their legal effect have been fully explained to the parties by
their respective counsel, being Rebecca R. Hughes, Esquire, for
Husband and Bradley L. Griffie, Esquire, for Wife. The parties
acknowledge that they have either received independent legal
advice from counsel of their own selection or that they have
specifically chosen, with full knowledge and on their own
volition, to not seek legal advice relative to this Agreement.
They further acknowledge that they fully understand the facts
that are the basis of this Agreement. They acknowledge and
accept that this Agreement is being entered into freely and
voluntarily, after having the opportunity to receive legal advice
and with the knowledge that execution of this Agreement is not
the result of any duress or undue influence, and further that it
is not the result of any collusion or improper or illegal
agreement or agreements.
14
Counsel Fees, Each party agrees to be responsible for his
or her own legal fees and expenses, and each party hereby agrees
to waive any claim for alimony, alimony pendente lite, counsel
fees, expenses or costs.
Mutual Re~ease. Husband and Wife each do hereby mutually
remise, release, quitclaim, and forever discharge the other and
the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at 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 as 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) Pennsylvania, (b) any
state, commonwealth or territory of the United States, or (c) any
other country, or any rights which either party may have or at
any time hereafter have for past, present, or future support or
15
maintenance, alimony, alimony pendente lite, counsel fees, costs
or expenses, whether arising as a result of the marital 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 thereof. It is the
intention of Husband and Wife to give to each other by execution
of this Agreement a full, complete, and general release with
respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter
acquire, 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 thereof.
6.4
Bankruptcy. The parties agree that any and all financial
obligations assumed herein shall not be subject to discharge
through bankruptcy proceedings. This includes, but is not
limited to, all financial obligations assumed under Paragraph
3.8, 4.1 and 5.1 of this Agreement. In the event either party
attempts to avoid financial obligations described herein through
bankruptcy proceedings the other party shall have an independent
claim against the party claiming bankruptcy for any and all sums
that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights
available to the other party provided for in Paragraph 6.14
hereinafter shall be available to the party not filing
bankruptcy.
16
$.$
Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify or hold the other
party harmless from and against any and all such debts,
liabilities or obligations of every kind, including those for
necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent
and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided for
by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other
may be liable.
No waiver or modification of any of the terms of this
Agreement 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.
$.?
Husband and Wife covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
17
necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry fully and effectively the
terms of this Agreement.
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as
of the date of execution of this Agreement.
6.9
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
6.10
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.11
Severability. If any term, condition, clause, section, or
provision of this Agreement shall be dete=mined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be
valid and continue in full force, effect, and operation.
Likewise, the failure of any party to meet his or her obligation
under any one or more of the articles and sections herein shall
in no way void or alter the remaining obligations of the parties.
18
6.12
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Divorce Code of the Commonwealth of Pennsylvania.
6.13
Disclosure. The parties each warrant and represent to the
other that he or she has made a full and complete disclosure to
the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such
party of every type whatsoever, and all other facts relating to
the subject matter of this Agreement.
6.~4
Enforceability and Consideration. This Agreement shall
survive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to
enforce the te=ms of the Agreement by either Husband or Wife
until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual
benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein
contained in stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby. In the event
19
either party breaches the aforesaid Agreement and it is
determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be
responsible for any and all attorney's fees as well as costs and
expenses associated with litigation incurred by the non-breaching
party to enforce this Agreement against the breaching party. In
the event of breach, the non-breaching party shall have the
right, at his or her election, to sue for damages for such breach
or to seek such other and additional remedies as may be available
to him or her including equitable enforcement of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
WITNESSED BY:
MONICA D. HOOVER
FRANK E. HOOVER
2O
COMMONWEALTH OF PENNSYLVANIA )
)
COUNTY OF )
On this the day of
SS
, 1996, before me, the
undersigned officer, personally appeared MONICA D. HOOVER, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
COMMONWEALTH OF PENNSYLVANIA )
) ss
COUNTY OF )
On this the day of
, 1996, before me,
the undersigned officer, personally appeared FRANK E. HOOVER,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Agreement and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
21
Plaintiff
Defend_.rm. t
: IN THE COURT OF COMMONPLEAS OF
: CUMBERLAND COUNTE PENNSYLVANIA
: CML ACTION- LAW
: 95-5499 CIVIL TERM
: INDIVORCE
MOTION FOR APPOINTMENT OF MASTER
Monica D. Hoover, Plaintiff, moves the court to appoint a master with respect to the
following claims:
Of) Divorce
( ) Annulment
( ) Alimony
0 Alimony Pendente Lite
( X) Distribution of Proper~y
( ) Support
( ) Counsel fees
( ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a
master is required
2. The Defendant has appeared in the action his attorney, Rebecca Hughes,
Esquire.
3. The statutory ground(s) for the divorce is Section 3301c.
4. Delete the inapplicable paragraph(s):
b. An agreement has been reached with respect to the following claims:
consent to Divorce.
c. The action is contested with respect to the following claims: Distribution
of Property.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take 2 days.
7. Additional information, ~t t~o the motion: None
Date:
o~ A~'~'OINTIN~ MASTER
15~ ~ ~ ~ ~Y4 c~~ , r~squire, is appointed master with respect to the
following claims:
FRANK R. HOOVER,
Plaintiff
vs.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-5499 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby acknowledge that I received a true and correct copy
of the Complaint in Divorce filed by the Plaintiff in the above-
captioned action on or about October 19, 1995 and further so that
I accepted service.
DATE:
Moni . Hoover
MONICA D. HOOVER,
Plaintiff
VS.
FRANK E. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-5499 CIVIL TERM
IN DIVORCE
PRE-TRIAL STATEMENT OF PLAINTIFF~
MONICA D. HOOVER
AND NOW, comes Plaintiff, Monica D. Hoover, by and through her counsel of
record, Bradley L. C-riffle, Esquire, and files the following Pre-trial Statement:
L MARITAL ASSETS
See attached Inventopy and Appraisement
H. EXPERT WITNESSES
Expert witnesses have not yet been retained in the case, although it is anticipated
that unless the parties can stipulate to a value of the real estate owned by the parties and,
further, can stipulate to a value of the personal property owned by the parties, experts will
be needed to value those items. It is also possible that an expert will be necessary to value
either or both of the parties' pensions or profit sharing accounts. Plaintiff reserves the
right to name experts at the time of the pre-triai conference.
IH. WITNESSES
The only witness that Plaintiff intends to call, with the exception of possible
experts as described above, will be the Plaintiff herself. The Plaintiffwill testifij relative to
the value of the various marital assets and all of the factors set forth in the Domestic
Relations Code relative to the distribution of marital assets.
Plaintiff reserves the right to name additional witnesses following the pre-trial
conference and further proceedings in this case.
IV. EXlilBITS
Plaintiff anticipates presenting the following exhibits at trial:
A. Updated Inventory and Appraisement
B. Income and Expense Statement
C. 1996 (or if the hearing occurs in 1998, then 1997) tax returns
D. Pension statement of both parties
E. Appraisals or evaluations of the real estate and personal property
owned by the parties
F. Profit and loss statement as to the business operated by the Plaintiff
Plaintiff reserves the right to identify additional exhibits for presentation at the time
of trial following the pre-trial conference and further proceedings in this matter.
V. INCOME
Plaintiffwill present a copy of her 1996 income tax return, as well as a current pay
stub at the time of the pre-trial conference in this matter.
VI. PENSION
Plaintiff has a pension through her employment with the Polyclinic Hospital and
will provide a statement relative to the pension at the time of the pre-trial conference.
The Defendant is involved in a profit sharing plan through his employment and
they have other pension benefits available. No documentation has been provided to date
relative to this benefit.
VII. MARITAL DEBT
The parties have a mortgage due and owing to the First National Bank of
Liverpool, which is a "blanket mortgage" on the parties' two parcels of real estate.
In addition, the parties have a Melon Bank Mastercard and a First Bank
Mastercard with balances that have been due since the time of separation, but which have
been paid by the Plaintiff`to date.
vm. PROPOSED RESOLUTION
It is proposed that the Court divide the parties' marital assets on a 50/50 basis,
based upon the fact that they have the equivalent of a shared physical custody arrangement
with their daughter, Amanda, and, further, based upon the fact that they have equivalent
incomes and expenses.
It is further noted that the Defendant previously attached to his Pre-trial Statement
a copy of a proposed Separation and Property Settlement Agreement in this case. It is
respectfully suggested that including this type of document, which evidences negotiations
between the parties, is inappropriate and cannot be used as evidence as it is clearly the
fruits of negotiations. The Agreement, however, is evidence of the fact that the Plaintiff
was willing to modify her position extremely relative to the benefits to which she would be
emitled under the law in order to resolve this case.
Respectfully submitted,
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
REAL ESTATE
1.
INVENTORY AND APPRAISEMENT
9 North Letort Drive
Carlisle, PA 17013
R.D. 1, Box 642
Honeygrove, PA
Total
$90,000.00
70,000.00
$160,000.00
H. PENSION AND RETIREMENT
1. Monica Hoover Pension
2. Frank E. Hoover Profit Sharing
Unknown
Unknown
III. PERSONAL PROPERTY
1. Monica Hoover
2. Frank E. Hoover
Unknown
Unknown
VI. VEHICLES
1994 Nissan Pickup
1991 Cavalier
$ 2,000.00
1,000.00
V. BANK ACCOUNTS
Financial Trust Company
Acct. #001242253
$26,227.79
VI. ANNUITY
Annuity in the name of Husband
providing payment in the amount
of $245.00 per month for life.
Unknown
FRANK E. HOOVER, :
Plaintiff :
:
v. :
:
MONICA D. HOOVER, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 95-5499 CIVIL TERM
ORDER OF COURT
1998, the economic claims raised in theproceedin~ having been
resolved in accordance with a Separation and Property Settlement
Agreement dated April 20, 1998, the appointment of the Master is
vacated, and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
cc:
Rebecca R. Hughes
Attorney for Plaintiff
Bradley L. Griffie
Attorney for Defendant
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this~day of /~r.'/ , 1998, by
and between MONICA D. HOOVER, of R.R.1, Box '642, Honey Grove,
Juniata County, Pennsylvania, party of the first part,
hereinafter referred to as "Wife",
AND
FRANK E. HOOVER, of 5 North Letort Drive, Carlisle,
Cumberland County, Pennsylvania, party of the second part,
hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, Husband and Wife were married on May 31, 1980, in
Shermans Dale, Perry County, Pennsylvania; and
WHEREAS, Husband and Wife are residents of the Commonwealth
of Pennsylvania and have been so for at least the past six
months;
WHEREAS, certain differences have arisen between the parties
hereto which have made them desirous of living separate and apart
from one another; and
WHEREAS, Husband and Wife desire to settle and determine
their marital rights and obligations, and make an equitable
distribution of their marital property, determine their rights to
alimony and support and any other matters which may be considered
under the Domestic Relations Code; and
WHEREAS, it is the intention and purpose of this Agreement
to set forth the respective rights and duties of the parties
while they continue to live apart from each other and to settle
all financial and property rights between them; and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full
and ample opportunity to consult with attorneys of their
respective choice, and the parties now wish to have that
agreement reduced to writing.
NOW, THEREFORE, the parties hereto in consideration of the
mutually made and to be kept promises set forth hereinafter and
for other good and valuable consideration, and intending to be
legally bound and to legally bind their heirs, successors,
assigns, and personal representatives, do hereby covenant,
promise and agree as follows:
ARTICLE I
SEPARATION
1.1
It shall be lawful for Husband and Wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
respectively deem fit free from any control, restraint, or
interference, direct or indirect, by each other. Neither party
shall molest the other or compel or endeavor to compel the other
to cohabitate or dwell with him or her by any legal or other
proceedings. The foregoing provisions shall not be taken to be
an admission on the part of either Husband or Wife of the
lawfulness of the causes leading to them living separate and
apart.
ARTIC?~ II DIVORCE
Z.X
This Agreement is not predicated on divorce. It is
specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or actions for divorce,
either absolute or otherwise, upon just, legal and proper
grounds; not to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or from making any just or proper defense thereto. It is
warranted, covenanted, and represented by Husband and Wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and representation is made for the
specific purpose of inducing Husband and Wife to execute the
Agreement. Husband and Wife each knowingly and understandingly
hereby waive any and all possible claims that this Agreement is,
for any reason, illegal, or for any reason whatsoever of public
policy, unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any possible
event, he and she are and shall forever be estopped from
asserting any illegality or unenforceability as to all or any
part of this Agreement.
It is further specifically understood and agreed that the
provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement for all purposes whatsoever. Should
either of the parties obtain a decree, judgment or order of
separation or divorce in any other state, country, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be affected in any way by any such separation and
divorce.
2.3
This Agreement shall survive any decree in divorce and shall
be forever binding and conclusive on the parties. It is
understood by and between the parties that this Agreement shall
be incorporated into any decree, divorce or separation, but it
shall not be deemed merged into such decree.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in the
Pennsylvania Divorce Code, taking into account the following
considerations: the length of the marriage; the prior marriages
of the parties; the age, health, station, amount and sources of
income, vocational skills, employability; estate, liabilities,
and needs for each of the parties; the contribution of one party
to the education, training or increased earning power to the
other party; the opportunity of each party for future acquisition
of capital assets and income; the sources of income of both
parties, including but not limited to medical, retirement,
insurance or other benefits; the contribution or dissipation of
each party in the acquisition, preservation, depreciation, or
appreciation of marital property, including the contribution of a
party as a homemaker; the value of the property set apart to each
party; the standard of living of the parties established during
their marriage; the economic circumstances of each party,
including federal, state and local tax ramifications, at the time
of the division of the property is to become effective; and
whether the parties will be serving as the custodian of any
dependent minor children.
3.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
3.3
Personal Property. Except as hereinafter set forth in this
paragraph, the parties acknowledge that they have divided their
personal property, tangible and intangible, to their mutual
satisfaction. The parties further acknowledge that they have the
cash, accounts, or other tangible and intangible property in
their possession that they wish to have and neither will make any
claim whatsoever against the other party for any other items of
personal property or assets in that other party's possession.
The sole exception relative to the transfer of personal
property relates to trains that the parties collected while they
were still residing together. The parties agree that these
trains may be sold by mutual agreement. In the event they in
fact are sold, the parties will equally divide the net proceeds
received from the sale of the trains. In the event that the
trains are not sold, each party retains the right to demand, with
fifteen (15) days notice, that the trains be valued by an
appraiser of the parties' mutual selection, and that the trains
then be divided equally between the parties, based on the
appraised value.
3.4
Life Insurance. Each party agrees that the other party shall
have sole ownership of any life insurance policies owned by the
other party. Each party shall have the right to borrow against,
cash in policies, change beneficiaries, and exercise any other
incidents of ownership of the respective policies free of any
right or claim by the other party. Each party agrees to sign any
documents necessary to waive, relinquish or transfer any rights
in such policies to the respective party who presently owns such
policies.
3.$
Subsequently Acquired Property. Husband and wife agree to
waive and relinquish any and all right that he or she may now
have or hereafter acquire in any real or tangible personal
property subsequently acquired by the other party. Husband and
Wife specifically agree to waive and relinquish any right in such
property that may arise as a result of the marital relationship.
Real Estate. The parties acknowledge that they are the
joint owners of real estate located at 5 North Letort Drive,
Carlisle, Cumberland County, Pennsylvania, which property is
owned in the parties' joint names. Wife agrees to waive,
relinquish and transfer any and all of her right, title and
interest in the aforesaid real estate to Husband. Wife will
execute and deliver a special warranty, fee simple deed so
conveying her interest in the property contemporaneously with the
execution and delivery of the deed to the parties other real
estate as hereinafter described.
The parties are also joint owners of real estate addressed
as RR 1, Box 642, Honey Grove, Juniata County, Pennsylvania.
Husband shall waive, relinquish and transfer any and all of hiS
right, title and interest in the aforesaid real estate to Wife.
Husband shall execute and deliver a special warranty, fee simple
deed to the aforesaid property contemporaneously with Wife's
execution and delivery of the deed to the North Letort Drive
property as hereinbefore described.
The parties acknowledge that at present there is a mortgage
due and owing to the First National Bank of Liverpool which
mortgage exists as a "blanket mortgage" on both parcels of real
estate hereinbefore described. Within fifteen (15) days of
execution of this agreement by both parties, each party shall
initiate a refinancing process with a financial institution of
their choosing which shall cause the aforesaid mortgage due and
owing to First National Bank of Liverpool to be paid in full. At
the time of payment of that mortgage in full, each party shall be
responsible for repayment of fifty percent (50%) of the payoff
amount due and owing at the time the payoff is made. Each party
shall refinance such that the new mortgage or encumbrance that
they secure shall solely be an encumbrance on the property that
they have retained pursuant to this paragraph of this Agreement.
To the best of the parties' abilities, they will conduct a
settlement on each of their respective refinancing in such a
manner as to provide a payoff to First National Bank of Liverpool
simultaneously from each refinancing. In the event one of the
parties is able to conduct their refinancing settlement prior to
the other party, they shall be permitted to secure a written
payoff statement from First National Bank of Liverpool indicating
the total payoff, including principal, interest, recording fees
and satisfaction fees that would be due and owing to First
National Bank of Liverpool at that time. The party first
refinancing shall be entitled to pay fifty percent (50%) of that
total sum due. When the other party refinances, that party shall
then be obligated for the remaining balance due and owing to
First National Bank of Liverpool to pay that mortgage in full
including principal, interest, costs, recording fees and
satisfaction fees.
From the time of execution of the special warranty deeds as
described above, neither party shall make any claim whatsoever
relative to an ownership interest or rights to access to the
aforesaid parcels of real estate that they have conveyed to the
other party. In addition, the parties agree that, pending the
refinancings anticipated herein, they shall be equally
responsible for making payment on the bi-weekly mortgage sum due
to First National Bank of Liverpool for each and every payment
that becomes due and owing from the time of execution of this
Agreement forward. In the event either party takes
responsibility for payment in full of the monthly payments due on
the mortgage to First National Bank of Liverpool pending the
refinancings required herein, that party shall be reimbursed for
fifty percent (50%) of the payments made to First National Bank
of Liverpool at the time of the other parties' refinancing. In
addition, once one party has completed their refinancing, if that
is done prior to the other party's refinancing, the first party
refinancing shall no longer have an obligation to make payment on
the First National Bank of Liverpool loan, but rather, the party
who is conducting the subsequent refinancing shall be solely
responsible for any subsequent payments due and owing to First
National Bank of Liverpool.
$.?
Retirement, Profit-SharinG. Husband is a
through his employment in the Exel Logistics
pension,
participate
Retirement and Savings Plan docketed to social security number
175-48-5561 and employee number 92505. Husband agrees that Wife
shall receive a roll-over of TEN THOUSAND DOLLARS ($10,000.00)
from said account to an account to be established by Wife.
Wife's attorney shall be responsible for the preparation of a
Qualified Domestic Relations Order (QDRO) providing for this TEN
THOUSAND DOLLARS ($10,000.00) roll-over. Within fifteen (15)
days of being presented with the QDRO, Husband shall execute the
QDRO for purposes of processing the QDRO through the Court of
Common Pleas of Cumberland County for court approval. In
addition, in the event it is necessary to provide any
modifications, addendums or updates on the aforesaid QDRO,
Husband will likewise execute any and all such documents
presented to him within fifteen (15) days of presentation. No
addendums, modifications or corrections of the QDRO will provide
any additional benefit beyond the TEN THOUSAND
($10,000.00) roll-over that has been agreed upon.
Except as set forth above relative to the TEN THOUSAND
DOLLAR ($10,000.00) roll-over from Husband's retirement account,
Wife agrees to waive, relinquish or transfer any and all of her
10
right, title and interest in the aforesaid retirement and savings
plan account.
Husband agrees to waive, relinquish and transfer any and all
right, title and interest that he has either in his individual
capacity or through his marriage to Wife in the retirement
account that Wife has through her employment with Kline Family
Practice, Polyclinic Medical Center, specifically includes a
vested or non-vested retirement amounts held by Pinnacle Health
Systems for Wife.
In the event it is necessary for Husband or Wife to execute
any additional documents related to the waivers of each others
pension or profit-sharing accounts as provided for herein, each
party shall execute such documents within fifteen (15) days of
presentation.
3.8
Wife shall retain sole and exclusive ownership
Vehicles.
possession of the 1994 Nissan Pick-up truck presently in her
possession. Husband shall retain sole and exclusive ownership
and possession of the 1991 Chevrolet Cavalier presently in his
possession. Wife shall retain sole and exclusive ownership and
possession of her 1990 Honda motorcycle. Each party shall be
solely and exclusively responsible for any encumbrance on the
aforesaid vehicles that are being retained by them and shall
indemnify the other party and hold them harmless from and against
any and all demands for payment or collection activity of any
nature whatsoever relative to any such encumbrances. Each party
shall execute any and all necessary documents to waive,
11
relinquish and transfer their right, title and interest to the
aforesaid vehicles within fifteen (15) days of being requested to
do so by the other party or the other party's legal
representative. Any costs associated with transfer of the title
to any of the aforesaid vehicles shall be the responsibility of
the party who is assuming sole ownership of that vehicle.
Intanqible Personal Property.
The parties currently have funds held in an account at
Fa£mers Trust Company, One West High Street, Carlisle,
Pennsylvania, docketed to Account Number 12-42253. Within
fifteen (15) days of execution of this Agreement by the parties,
this account shall be closed and each party shall receive an
amount equal to fifty percent (50%) of the total balance in the
account on August 1, 1996. In the event there are not sufficient
funds to provide for a 50/50 distribution of the balance in the
account as of August 1, 1996, Wife shall receive an amount equal
to fifty percent (50%) of the funds that were held in account on
August 1, 1996 and Husband shall retain the balance of the funds
presently in the account. In the event there are not sufficient
funds to provide Wife with fifty percent (50%) of the balance
that was in the account on August 1, 1996, Husband shall
supplement this distribution so that Wife receives, under any
circumstances, a lump sum payment of equal to fifty percent (50%)
of the balance of the account on August 1, 1996.
12
With the exception of this account, the parties have already
divided their intangible personal property, including all bank
accounts, credit union accounts, savings accounts and the like.
Neither party will make any claim of any nature whatsoever
against the other relative to financial accounts or investments
that are presently retained in the other party's name.
3.~0
The parties acknowledge that Wife has initiated a business
known as Monica's Mountain Music Center which operates from the
RR2, Box 642, Honey Grove, Pennsylvania property. Husband hereby
waives, relinquishes and transfers any and all right, title and
interest he may have in the operation of said business, as well
as any inventory or assets of any nature whatsoever owned by the
business or controlled by Wife via the business. In the event
any documents need to be executed by Husband to so waive,
relinquish and transfer any and all interest in the aforesaid
business, he will do so within fifteen (15) days of being
requested to do so by Wife or her legal representative.
3.~
Annuity. The parties acknowledge that, at present, Husband
receives a monthly annuity payment from an automobile accident
which occurred during the parties' marriage. The parties shall
jointly contact the annuity holder to advise them that these
monthly distributions from the annuity shall be divided equally
such that each party shall receive one-half of the monthly
annuity payment from the annuity company. In the event either
party needs to sign documents to provide for this modification in
13
distribution from the annuity, they will do so within fifteen
(15) days of being requested to do so. From that time forward,
Husband shall receive fifty percent (50%) of the monthly annuity
payment and Wife shall receive fifty percent (50%) of the annuity
payment and neither party shall claim any additional amounts are
due to them from this annuity.
Pending the annuity company's distribution of the monthly
benefit with fifty percent (50%) of the payment going to Wife and
fifty percent (50%) of the payment going to Husband, Husband
shall immediately provide Wife with a check in the amount of
fifty percent (50%) of his annuity upon receipt of each monthly
annuity check. This shall begin for the month of February 1998
and continue in this fashion until such time as the annuity
company begins distributing the monthly payments through two
checks, one to each party in the amount of fifty percent (50%) of
the monthly total.
It is understood and acknowledged that the annuity provides
for a guaranteed monthly pay-out for a period of thirty (30)
years from the date of settlement, but otherwise will continue
as long as Husband is alive. In the event Husband predeceases
Wife prior to the completion of the thirty (30) year period
provided for in the settlement and the annuity, the proceeds
from the annuity shall be paid equally, on a 50/50 basis, to Wife
and the parties' minor daughter, Amanda Hoover, born July 26,
1984. In the event either Wife or the parties' child has
14
predeceased Husband or fails to survive the aforesaid thirty (30)
year period, the survivor between the two of them shall continue
to receive the annuity in full.
ARTICLE IV
ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT
AND MAINTENANCE
4.1
The parties herein acknowledge that they have each secured
and maintained a substantial and adequate fund with which to
provide themselves sufficient resources to provide for their
comfort, maintenance and support in the station of life in which
they are accustomed. Husband and Wife do hereby waive, release
and give up any rights they may respectfully have against the
other for alimony, support or maintenance.
4.2
Husband and Wife specifically waive, release and give up any
rights for alimony, alimony pendente lite and spousal support
pursuant to Chapter 37 of the Domestic Relations Code.
DEBTS OF THE PARTIES
5.1
The parties acknowledge that they have certain outstanding
debts that were in existence at the time of their separation and
that they have distributed their debts to their mutual agreement.
More specifically, Wife has and shall continue to assume sole and
exclusive responsibility for repayment of the debt due and owing
to FirstBank, MasterCard and the Mellon Bank MasterCard. Wife
15
shall accept sole and exclusive responsibility for repayment of
these debts and shall indemnify Husband and hold him harmless
from and against any and all demands for payment or collection
activity of any nature relative to these two debts. It is
further acknowledged that at the time of execution of this
Agreement, Wife is not aware of any additional debts or loans of
any nature that may have been secured by Husband, nor is she
aware that there are in existence any additional joint debt. As
such, any debt that so exists shall be retained solely by Husband
and shall be his sole responsibility for repayment. Husband
shall indemnify Wife and hold her harmless from and against any
and all demands for payment or collection activity of any nature
whatsoever relative to any additional debts.
Each party represents to the other that except as otherwise
specifically set forth in this Agreement, and more particularly
as set forth in subparagraph 5.1 above, there are no major
outstanding obligations of the parties; that since the separation
neither party has contracted for any debts for which the other
will be responsible and each party indemnifies and holds harmless
the other for all obligations separately incurred or assumed
under this Agreement.
ARTICLE VI
MISCELLANEOUS PROVISIONS
Advice of Counsel. The provisions of this Agreement and
their legal effect have been fully explained to the parties by
16
their respective counsel, being Rebecca R. Hughes, Esquire, for
Husband and Bradley L. Griffie, Esquire, for Wife. The parties
acknowledge that they have either received independent legal
advice from counsel of their own selection or that they have
specifically chosen, with full knowledge and on their own
volition, to not seek legal advice relative to this Agreement.
They further acknowledge that they fully understand the facts
that are the basis of this Agreement. They acknowledge and
accept that this Agreement is being entered into freely and
voluntarily, after having the opportunity to receive legal advice
and with the knowledge that execution of this Agreement is not
the result of any duress or undue influence, and further that it
is not the result of any collusion or improper or illegal
agreement or agreements.
Counsel Fees. Each party agrees to be responsible for his
or her own legal fees and expenses, and each party hereby agrees
to waive any claim for alimony, alimony pendente lite, counsel
fees, expenses or costs.
Tax Deduction. The parties shall equally share in claiming
the parties' child, Amanda Hoover, as a Federal Income Tax
dependency deduction. Father has claimed the child as a tax
dependent for 1997 and Mother shall claim the child as a
dependent for the tax year 1998. The parties shall then continue
17
alternating claiming the child for dependency purposes with
Father claiming the child in odd numbered tax years and Mother
claiming the child in even numbered tax years.
6.4
Mutual Release. Husband and Wife each do hereby mutually
remise, release, quitclaim, and forever discharge the other and
the estate of such other, for all times to come and for all
purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income
and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situate, which he or she now has or at 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 as 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) Pennsylvania, (b) any
state, commonwealth or territory of the United States, or (c) any
other country, or any rights which either party may have or at
any time hereafter have for past, present, or future support or
maintenance, alimony, alimony pendente lite, counsel fees, costs
or expenses, whether arising as a result of the marital relation
18
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 thereof. It is the
intention of Husband and Wife to give to each other by execution
of this Agreement a' full, complete, and general release with
respect to any and all property of any kind or nature, real or
personal, not mixed, which the other now owns or may hereafter
acquire, 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 thereof.
Bankruptcy. The parties agree that any and all financial
obligations assumed herein shall not be subject to discharge
through bankruptcy proceedings. This includes, but is not
limited to, all financial obligations assumed under Paragraph
3.8, 4.1 and 5.1 of this Agreement. In the event either party
attempts to avoid financial obligations described herein through
bankruptcy proceedings the other party shall have an independent
claim against the party claiming bankruptcy for any and all sums
that the other party assumes or is required to pay due to the
actions of the party claiming bankruptcy. Further, all rights
available to the other party provided for in Paragraph 6.14
hereinafter shall be available to the party not filing
bankruptcy.
19
6.6
Warranties. Each party represents that they have not
heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify or hold the other
party harmless from and against any and all such debts,
liabilities or obligations of every kind, including those for
necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent
and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided for
by the terms of this Agreement and that neither of them hereafter
incur any liability whatsoever for which the estate of the other
may be liable.
6.7
No waiver or modification of any of the terms of this
Agreement 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.
Husband and Wife covenant and agree that they will forthwith
execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be
20
necessary or desirable for the proper implementation of this
Agreement, and as their respective counsel shall mutually agree
should be so executed in order to carry fully and effectively the
terms of this Agreement.
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as
of the date of execution of this Agreement.
6.10
This Agreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
6.12
Severabilitvo If any term, condition, clause, section, or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that te~m,
condition, clause, or provision shall be stricken from this
Agreement, and in all other respects, this Agreement shall be
valid and continue in full force, effect, and operation.
Likewise, the failure of any party to meet his or her obligation
under any one or more of the articles and sections herein shall
in no way void or alter the remaining obligations of the parties.
21
6.~3
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Divorce Code of the Commonwealth of Pennsylvania.
6.14
Disclosure. The parties each warrant and represent to the
other that he or she has made a full and complete disclosure to
the other of all assets of any nature whatsoever in which party
has an interest, of the sources, and amount of the income of such
party of every type whatsoever, and all other facts relating to
the subject matter of this Agreement.
6.15
Enforceability and Consideration. This Agreement shall
survive any action for divorce and decree of divorce and shall
forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to
enforce the terms of the Agreement by either Husband or Wife
until it shall have been fully satisfied and performed. The
consideration for this contract and agreement is the mutual
benefits to be obtained by both of the parties hereto and the
covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein
contained in stipulated, confessed, and admitted by the parties,
and the parties intend to be legally bound hereby. In the event
either party breaches the aforesaid Agreement and it is
22
determined through appropriate legal action that the alleged
party has so breached the Agreement, the breaching party shall be
responsible for any and all attorney's fees as well as costs and
expenses associated with litigation incurred by the non-breaching
party to enforce this Agreement against the breaching party. In
the event of breach, the non-breaching party shall have the
right, at his or her election, to sue for damages for such breach
or to seek such other and additional remedies as may be available
to him or her including equitable enforcement of the Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals the day and year first above written.
WITNESSED BY:
FRANK E. HOOVER
23
COMMONWEALTH OF PENNSYLVANIA )
)
SS
COONTY oF
)
On this the~day of ~ , 1998, before me,
the
undersigned officer, personally appeared MONICA D. HOOVER, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Notarial Seal
Robin J. Goshom, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires April 17, 1999
COMMONWEALTH OF PENNSYLVANIA )
CO TY OF ) ss
)
On this the %~day of ~P~ , 1998, before me,
the undersigned officer, personally appeared FRANK E. HOOVER,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within Agreement and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
· Noel, Notary Public
Carlisle Boro, Cumberland Counb/
LMy Commission Expires Sept.
Mernbe~ Pennsylvania Associatior,
24
FRANK E. HOOVER,
Plaintiff
VS.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
95-5499 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c.) of the Divorce Code was filed
on October 13, 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 Complaint.
3. I consent to the entry of a final Decree of Divorce after service of notice of
intention to request entry of the decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S.
4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
DATE:
FRANK E. HOOVER
Plaintiff
Plai~ff
VS.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON pI.F. AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-5499 CIVIL TERM
IN DIVORCE
WAIVER OF IIOTICi~ OF I]ITENTIOll TO REOUEST
BNTRY OF A DIVORCE D~CREE
UNDER SECTION 3801(~! OF THI~ DIVORCB CODE
~. ! consent to the entry of a ~;-ol decree in divorce without notice.
2. I understand that ! may lose fights concerning s*llmony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
g~anted~
3. I understand that I will not be divorced until a divorce decree is
entered by the Court ~nd 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 thi~ affidavit are true and correct.
I understand that fA]~qe statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn fo]ai~ie~ation to authorities.
DATE:
FRANK E. HOOVER
Plainti~
FRANK E. HOOVER,
MONICA D. HOOVER.
Defen~_~nt
: IN THE COURT OF COMMON I~.I~.AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: 95-5499 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Co~plaint in Divorce under Section 3301(¢) of the Divorce Code was filed
on October 13, 1995.
2. The marriage of Plaintiff and Defendant is in~tt~evnbly broken and ni~-ty (90)
days have elapsed f~om the ante of the ~ of the Com?aint
3. I consent_ to the ~uuy of a finnl Decree of Divorce aiter service of notice of
intention to request ent~ of the decrees.
I VER.WY THAT THE STA~S MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HERRrN ARE MADE SIJBJECT TO THE PENALTIES OF Pa.C.S.
4904 RI~.ATING TO UNSWOKN FALSIFICATION TO AU'I~ORITIES.
MONtff_ A). HOOV
Defenanr~
MONICA D. HOOVER,
Defendant
: IN ~ COURT OF COMMON Pv.~AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION- LAW
: 95-5499 CIVIL TERM
:
: IN DIVORCH
WAIVER OF NOTICE OF INTENT/ON TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 3.'.301(e! OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I nnderstand that I may lose rights concerning ~llmony, division of
property, lawyer's fees or expenses if I do not o_]~im theln befol'e 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 sffid-vit are true and correct.
I underst~-d that f-l-~e statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relsting to unsworn f-l-~ification to authorities.
MO~ D. HOOVER
Defend-hr
FRANK E. HOOVER,
Plaintiff
VS.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 95-5499 CIVIL TERM
:
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, FRANK R. HOOVER, (hereinafter referred to as "Participant") and
MONIC/I D. HOOVER, (hereinafter referred to as "Alternate Payee") have agreed to a
division of marital property, which Agreement includes provision for a distribution from
Participant's account in the Exel Logistics Retirement and Savings Plan (hereinafter
referred to as the "Plan"); and
WHEREAS, this Qualified Domestic Relations Order (hereinafter referred to as
the "Order") provides for the division and disposition of the marital components of the
Participant's account in the Plan which is a benefit plan provided by Participant's employer
Exel Logistics of 501 West Schrock Road, Westerville, Ohio 43081; and
WHEREAS, Participant intends to grant Alternate Payee rights to such benefits in
such amounts on the terms and conditions prescribed hereinafter as provided for in the
Plan; and
WHEREAS, this Order is intended to be a Qualified Domestic Relations Order
(hereinafter "QDRO"), as that term is defined by Section 414(p) of the Internal Revenue
Code and Section 206(d)(3) of ERISA.
NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS:
1. The parties intend for the Order to constitute a "Qualified Domestic Relations
Order" as defined by Section 414(p) of the Internal Revenue Code of 1986, as amended.
2. This Order applies to the following qualified retirement plan: Exel Logistics
Retirement and Savings Plan (hereinafter referred to as the "Plan").
3. Participant's social security number is 175-48-5561 and Participant does in fact
participate in the Plan.
4. Alternate Payee's social security number is 209-46-1402 and she is Participant's
spouse.
5. Participant's date of birth is November 11, 1956 and his current and last known
mailing address is 5 North Letort Drive, Carlisle, Cumberland County, Pennsylvania
17013.
6. Alternate Payee's date of birth is November 1, 1957 and her current and last
known mailing address is RR1 Box 642, Honey Grove, Juniata County, Pennsylvania
17035.
7. The Participant's interest in the Plan is marital property subject to distribution
by this Court. As soon as administratively practicable after the Plan Administrator
determines the Order to be a Qualified Domestic Relations Order, and the applicable
appeals period has expired, Administrator shall distribute the sum of TEN THOUSAND
($10,000. 00) DOLLARS, which shall be withdrawn from Participant's account in the Plan,
for the Alternate Payee and directly rolled over into an IRA account, account number
SA355-045796, held by and established with Mellon Bank, N.A. of Retirement Plans
Area, P.O. Box 41529, Philadelphia, PA 19101. The amount to be withdrawn from the
Participant's account for the Alternate Payee is non-taxable as an authorized roll-over
from one qualified plan to another qualified retirement account.
8. This Order does not require the Plan to provide any type or form of benefit, or
option, not otherwise provided under the Plan; or require the payment of any benefits for
the Alternate Payee which are required to be paid to another Alternate Payee under
another Order previously determined to be a Qualified Domestic Relations Order; or
require the Plan to provide increased benefits which result from future contributions to the
Plan. Any provision of this Order, which appears to be otherwise shall be null and void
and have no effect.
9. In no event shall the Alternate Payee have a greater right than those which are
available to the Participant.
10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms
and provisions of this Order may be assessed against that party requiring the servitudes of
the Plan Administrator. In the event both parties require services of the Plan
Administrator, such expenses shall be divided equally between them.
11. The parties shall promptly submit this Order to the Plan Administrator for
determination and approval of this document as a Qualified Domestic Relations Order.
The Plan Administrator is Exel Logistics.
12. A copy of this Order shall be mailed promptly, return receipt requested, to the
Plan Administrator. The Plan Administrator shall within a reasonable time after the receipt
of this Order, determine whether this Order is a Qualified Domestic Relations Order and
notifiy both the Participant and Alternate Payee of such a determination. Until such time
as a determination has been made, the Plan Administrator shall comply with all
requirements imposed upon him by Section 414(p)(7) of the Code and Section
206(d)(3)(h) of ERISA. If the Plan Administrator determines that this Order is not a
Qualified Domestic Relations Order, then he shall notify the Participant and Alternate
Payee of such a determination and reason therefor.
13. This Court shall retain jurisdiction for enforcement purposes and to make any
changes in this Order to the extent required to carry out the intent of the parties as
evidenced by their affirmations in their Separation and Property Settlement Agreement.
IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED
DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION
414(p) INTERNAL REVENUE CODE OF 1986, AS AMENDED. The Court retains
jurisdiction to amend this Order as might be necessary to establish or maintain its status as
a Qualified Domestic Relations Order.
WITNESS:
Frank E. Hoover
~re
Date Mq~a D. Hoover
Dated and approved by this, the Court of Common Pleas of Cumberland County,
Pennsylvania, this }q day of~
,1998.
Bradley L. Grfffle
Anne ~L Shepard
Thomm S~ IMehl
Robin J. Go, horn
Office Manager
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
August 26, 1998
200 North H~mover Street
C~ PA 17013
1(soo)
FAX 717-~
Chambersl~rg, PA 17201
(717) 267-13~0
E. Robert Elicker, II, Esquire
Divorce Master's Office
9 North Hanover Street
Carlisle, PA 17013
RE: Hoover v. Hoover
No. 95-5499 Civil Term
Dear Mr. Elicker:
Enclosed herein please find two photocopies of the signed, witnessed and notarized
Separation and Property Settlement Agreement from the above captioned action. I would
appreciate if the file could now be returned to the Prothonotary's office and an order
secured vacating your appointment. I will then move forward to finalize the divorce.
Your attention and courtesy is appreciated.
Very truly yours,
BLG/kjl
CIATES
Enclosure
cc: Monica D. Hoover
FRANK E. HOOVER,
Plaintiff
vs.
MONICA D. HOOVER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 95 5499 CIVIL 19
:
: IN DIVORCE
STATUS SHEET
DATE:
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
'rreci Jo Colyer
Office Manager/Reporter
Rebecca R. Hughes
Attorney at Law
IRWIN, McKNIGHT & HUGHES
60 West Pomfret Street
Carlisle, PA 17013
June 2, 1997
West Shore
697-0371 Ext. 6535
Bradley L. Griffie, Esquire
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
RE:
Frank E. Hoover vs.
No. 95 - 5499 Civil
In Divorce
Monica D. Hoover
Dear Ms. Hughes and Mr. Griffie:
By order of Court of President Judge Harold E. Sheely
dated May 13, 1997, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on October 13, 1996,
raising grounds for divorce of indignities and irretrievable
breakdown of the marriage. The complaint also raised the
economic claim of equitable distribution.
I am going to proceed on the assumption that grounds for
divorce are not an issue and that the parties will either sign
affidavits of consent or have been separated for a period in
excess of two years. Otherwise, we will schedule a hearing on
indignities if requested.
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Friday,
June 27, 1997. Upon receipt of the pre-trial statements I will
Ms. Hughes and Mr. Griffie, Attorneys at Law
2 June 1997
Page 2
immediately schedule a pre-hearing conference with counsel to
discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
NOTE:
E. Robert Elicker, II
Divorce Master
Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
FRANK H. HOOVER,
Plaintiff
VS.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 95 - 5499 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Rebecca R. Hughes
Bradley L. Griffie
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 10th day of October, 1997, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/17/97
E. Robert Elicker, II
Divorce Master
Rebecca R. Hughes, Attorney for Plaintiff, filed a pre-trial
statement on June 27, 1997.
Bradley L. Griffie, Attorney for Defendant, has not filed a
pre-trial statement as of the date of this notice.
FRANK E. HOOVER,
Plaintiff
vs.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 5499 CIVIL
CIVI. L ACTION - LAW
IN DIVORCE
TO:
ORDER AND NOTICE SETTING HEARING
Frank E. Hoover
Rebecca R. HuGhes
Monica D. Hoover
Bradley L. Griffie
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearin§ to take
testimony on the outstandinG issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 5th day
of F~brn~ry , 1998, at g~00 a.m., at which
place and time you will be Given the opportunity to present
witnesses and exhibits in support of your case.
By the Court,
Harold E. Sheely, Presi~/
Judge
Date of Order and
Notice: 10/10/97 By:
Divorce Master
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
FOURTH FLOOR, EAST WING
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
TELEPHONE (717) 240-6200
FRANK E. HOOVER,
Plaintiff
vs.
MONICA D. HOOVER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95 - 5499 CIVIL
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, October 10, 1997
Present for the Plaintiff, Frank E. Hoover, is
attorney Rebecca R. Hughes, and present for the Defendant,
Monica D. Hoover, is attorney Bradley L. Griffie.
A divorce complaint was filed on October 13, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and indignities. The complaint also raised the
economic claim of equitable distribution. No other economic
claims have been raised in the proceedings.
The parties were married on May 31, 1980, and Mr.
Griffie says that husband left the bedroom on September 3, 1995,
which in his opinion constituted a separation. Attorney Hughes
indicated that she wants to verify the date of separation with
her client. If there is any issue about the date of separation
that would affect substantially the case, then counsel should
notify the Master immediately so we can determine how we want to
proceed on the date of separation matter.
There was one child born of the marriage, Amanda,
who is 13 years of age. Her birthdate is July 26, 1984. The
parties share custody of the child. Neither party is paying
child support, spousal support, nor alimony pendente lite to the
other party.
Counsel have advised that the parties will sign and
file affidavits of consent so that the divorce can be concluded
under Section 3301(c) of the Domestic Relations Code.
Husband is 40 years of age and resides at 5 North
Letort Drive, Carlisle, Pennsylvania, where he lives alone. He
is a manager/supervisor for Exel Logistics. His annual gross
income is $34,000.00. Husband is a high school. He has not
raised any health issues.
Wife is in her late 30s and resides at RR 1, Box
647, Honeygrove, Pennsylvania, where she resides alone. She is
an employee with the Pinnacle Health Systems and is a charging
clerk with an annual gross income of $24,000.00. She also has a
business with a partner by the name of John Ruggles (Mr. Griffie
indicated there is a formal partnership agreement) known as
Monica's Mountain Music Center. According to Mr. Griffie, the
tax return for 1996 shows a loss for the business of around
$19,000.00. Wife has not raised any health issues.
With respect to the business value for purposes of
equitable distribution, counsel have agreed that at present the
only value to be considered would the inventory. Counsel are
going to determine if they are going to attempt to have the
inventory appraised. Charged against that inventory will be any
debts incident to the purchase'of that inventory which may
involve a credit card relating to the business which wife has
been paying.
Husband lives in a marital property at 5 North
Letort Drive, Carlisle Pennsylvania. Wife lives in a marital
property where the business is located at RR 1, Box 642,
Honeygrove, Pennsylvania. Both properties are subject to a
blanket mortgage in favor of the First National Bank of
Liverpool with an approximate balance due of $79,500.00.
Counsel have indicated that both properties will be appraised so
we can have a value for purposes of the equitable distribution
computation.
Husband is vested in a pension with Exel Logistics
which is a profit sharing plan. Consequently we need to have a
statement showing the value of that plan as of the date of
separation and any increase in value based on growth of the
marital portion to the date of hearing.
Husband was involved in an automobile accident
during the marriage in 1984 and is currently receiving an
annuity payment of around $245.00 per month as a result of a
structured settlement arising out of that accident. Counsel
have indicated that perhaps the best way to handle the annuity
is to have each party receive one half of the present payment
monthly rather than have a computation performed by an expert to
establish a lump sum present value.
Wife is participating in a defined benefit plan
with the Pinnacle Health Systems and counsel are going to have
her pension plan valued.
There is an issue with respect to household
tangible personal property in that wife claims that she and
husband had agreed to divide the property in a certain way but
husband never relinquished the property which wife wanted to
take into her possession. Subsequently, counsel for wife is
requested to provide a list of the property that wife wants and,
if necessary, then counsel will have the property appraised so
we can use a value of the property that each party will receive
for purposes of equitable distribution.
Counsel have advised that there is no issue with
respect to ownership or value of vehicles.
Counsel have indicated that they are satisfied that
the equitable distribution can be based on a 50/50 split of the
marital estate. If counsel stipulate at the hearing to an even
split, we do not need testimony on the factors.
The marital property debt that we will be dealing
with essentially is the blanket mortgage in favor of First
National Bank of Liverpool. Any other marital debt Mr. Griffie
advised, would be related to the business as a result of credit
card charges which would be deducted from the inventory value to
show a net value for the intentory.
At the time the parties completed their
refinancing, they had some additional monies realized from the
refinancing (approximately $26,500.00). Wife has requested an
accounting of what happened to the monies that were left over
from the refinancing which were apparently deposited in a bank
account at Farmers Trust Company in Carlisle in husband's name
only.
A hearing is scheduled for Thursday, February 5,
1998, at 9:00 a.m. Notices will be sent to counsel and the
parties.
cc:
Rebecca R. Hughes
Attorney for Plaintiff
Bradley L. Griffie
Attorney for Defendant
E. Robert Elicker,
Divorce Master
II
Miche~e R. Calve~
Thomas S. Dield
Roh~.l. G~horn
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
October 9, 1997
E. Robert Elicker, III, Esquire
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Hoover vs. Hoover
95-5499 Civil
Dear Mr. Elicker:
I represent the Plaintiff in the above captioned action. We had previously
petitioned for the appointment of a Master in this case and a pre-trial conference is
scheduled for tomorrow at 9:00 a.m. I previously did not file a Pre-trial Statement as my
client was continuing in efforts to resolve this matter directly with the Defendant. I am
notified that despite her efforts, the matter has not been resolved. Therefore, she, in fact,
wants me to proceed with the filing of the Pre-trial Statement and the Master's
proceedings.
I note in this case that the Pre-trial Statement filed by the Defendant previously in
this matter is extremely limited and I do not believe that either of the parties or counsel
will be prejudiced by the fact that we are filing the enclosed Pre-trial Statement. We, of
course, can discuss this matter more thoroughly at tomorrow's pre-trial conference.
Your attention is appreciated.
ffirs,
e,
Esquire
BLG/r~g
Enclosure
cc: Rebecca R. Hughes, Esquire (via facsimile)
Monica D. Hoover
GRIFFIE & ASSOCIATES
Attorneys and Counselors At Law
200 North Hanover Street
Bradley I~ Gl~e CatlMe, PA 17013
Thomm & Da~ 1(800) 347~2
FAX 717-2~-~
~ M~r
Aunt 17, 1998
C~lisle, PA 17013
~: H~ver v. H~ver
95-5499 - C~
De~ ~. Elicker:
You ~11 fecal ~at ~e ~ve c~fioned c~e w~ refe~ ~,afion.
Follo~g ~e Pre-~l Coherence, we were ~le to. ~ou~ a
mmprehensive ~ment.
Unfortunately, despite my correspondence to opposing counsel in, ,pril, May, June, and July, I
have been unable to gain a response from her or from her client relative to the execution of the
final divorce documents. This includes a Separation and Property Settlemant Agreement that
was agreed upon by the parties and already signed by my client, the Affidavit of Consent,
Waiver of Notice of Intention to Request the Entry of a Decree in Divorce, a De~l, and a
QDRO.
Since we have been unable to conclude this case, we have reached a point where my client has
no alternative but to seek court intervention. I would appreciate if you would immediately
schedule this matter for a Master's Heating so that the matter can be concluded.
Sincerely,
BLG/kjl
cc: Rebecca R. Hughes, Esquire
Monica Hoover
ROGER B. iRWiN
MARCUS A~ McKNIGH'~, Ill
JAMES D~ HUGHES
REBECCA R~ HUGHES
DANIEL W, ~ARMEN~
LAW OFFICES
IRWIN McKNIGHT & HUGHES
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMPRET STREET
CARDSLE, PENNSYLVANIA 17013-3222
ff17) 249-2353
FAX (717) 249-6354
E-MAIL' IMH LA~OLCOM
HAROLD S. IRWIN (f 925-f {)77)
HAROLD $. IRVvIN, JR. (f~54.fg86)
IRWIN, IRWIN & IRWIN (fgS~-f~86)
IRWIN, IRWIN & MoKNIGHT (1986.1994)
June 27, 1997
E. ROBERT ELICRER, H
OFFICE OF THE DIVORCE MASTER
9 NORTH HANOVER STREET
CARLISLE, PA 17013
Dear Mr. Eficher:
HOOVER v. HOOVER
95-5499 CIVIL
IN DIVORCE
Enclosed please find one (1) Pre-Trial Statement in the above-referenced action.
Thank you for your attention to this matter.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
RRH:clc
Encl.
cc: Bradley L. Griffie, Esquire
Frank E. Hoover