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HomeMy WebLinkAbout96-02151 I, \ \ I \ I. "", " ) /' / I I ' " J I '. J ,/ , .. ; ; .-....:!!. .. c. .... ~~_'~._:.lI!!'.'~:~_:~:~:""'-l!C'...~'. ... .. ':'~'.'::~*-:::'~_:*' ~~ .. .leo .. --. . . : IN THE COURT OF COMMON PLEAS : · OF CUMBERLAND COUNTY 8 . ~ . :' STATE OF ~ PENNA. : . . . . . ~ A. LUJfIN, No. ... q'l6-::~l,5l PPP"'''''' 19 . . Plaint lff . iii V.,I'''''' . . '1'\CMl\:J R. LUJfIN, . · Defendant I) · iii : ~ iii DECREE IN ~ DIVORCE '" iii 8 · AND NOW, .. . reo ~,,->,~,,,,. .. 19.. '. 19. cPl.. it is ordered and iii _ l ~ . decreed that . _ , . . . . . .SH~ .A~ . LUJ~ . , , . . , . . . . . . . . . . . . . . . . . . " plaintiff, ~ ~ and. . . . . . . . . . . . '!'I.l~. ~'" !N,J!\!'l. , . , . . . . , , . , . , . . . , . . . . . , . . . . . " defendant, : . are divorced from the bonds of matrimony, .:I . ~ ! 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 iii iii been entered; None. 8 iii lIND IT IS FUR!'IIER ORDERED. '\HAT '!'lIE 'l'ER'lS, COND {'rION::; fIND COVENJIN'I'::i OlE'!, " rorml'Il'l' 'l'flf:' Wtltt'l~' SEPi\Ri\'r'rON' A(lRE;'EMW 'MtiDE '00 'm~:REri 'imD 'BY "niE' . . . .. iii i. . \'mI~. 00, ~. 18., 1996.. ARf~ nCORPQM'l'Ell .INW :aIIS .OF.eRr;!;; ,B"t .RE~'EHEtl:E. . " 'l'HERE'ro. BUT NO!' MERl".ED IN'ro ,[,HI~; DF,cREE tI - ~ : fiy The dJ~~oJ2 / II:': Aile..: .l. _ .f,. J. .. · Vl " llil . b,;, ....>'-'__ l~ ) ) It...u..JI le,. I, \ ,I ~;t., I ~ ~----- - U h: U U ;.;. ;.;.:~.:":.: j )-\'\.(/'1 i\"....,.:lo. 'J~' . ' \~\j>C('\(~l \"I!\,(l.c\ C\.W\.9..l.'\C) n_l~ \......... \ (1'1J,. \''''l~f\ \~,.\.,.~.. ~,,\J'l"' . .1 , ,~;:;~~.-v,t ." ~ .. . , '\ '" t . ~ . " ~ 10 ~? ~ ~..l" ill CI 0, :;J ij,lt:, (7) J'ii .!J Cll." '- "'~ r~" '.0 'I ",.~ t V~ " ' -" ..... ...' - ~ ~. k' ':O:S :-'-f.':J . , C~ r, "" " .'. :", :.::! -: 'I.l ::../ .... . . . ,- ~ -- ....... ...... (..\ ,l ~. ..J ',1, , , .',1 , -q , 11,- I ',1\ ", I' ,(') "11 ,1 ,(1\ ',' , ,. ',,' ..1 ". . .' '. -,.f t;- to:, -,.. ~ 'i... ,.' ..., ,~, r -oJ ..J d :j ',1 I... r- "4J '.J IJ) I' Ii) '-1'\ ~ ,,; '"I. I"' , 1:1 [' (Y' .... ..-jl ('~ ~ " d " '.'f .., . , . . . .- N en ~ :z: 3; I;; ::? ~ O::'i R ~ ~ > ~ ~ :; &'l... .... (Il 0; I d> OJ ;:i~.~[ ~~~; ~~ 4C .. t; :z: ~ - - IN THF. COURT OF COMMON PLEA::; OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. LUJAN, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE NO. 96- .:)I....::il (',,,,\) '1~/\lI' THOMAS R. LUJAN, Defendant NOTICB TO DB FEND AND CLAIM RIGf!T.S YOU HAVB BBEN SUBD IN COURT. [f you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without YOll and a decree of divorce or annulment may be entered against you by the Court. ^ judgment may also be entered against you for any other claim or relief requested in t.hese papers by the Plaintiff. You may lose money or property or other rights Important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse. Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAl, HELP. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 will. m C. Vohs. Esquire Attorney for Plaintiff ,r'''''.'''II'I/IHII."''M!'1111' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON A. LUJAN, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE 96- ,)/ )'1 ('Ii;'..! 11'" " NO. THOMAS R. LUJAN, Defendant COMPI,AINT IN DIVORCE AND NOW, this 19th day of April, 1996, comes Plaintiff, Sharon A. Lujan, by and through her attorneys, HANFT & VOHS, and files the following Complaint in Divorce / and in suppOl"t thereof avers as follows: 1. The Plaintiff is Sharon A. Lujan, who currently resides at 210 A Marshall Road, Carlisle, Cumberland County, pennsylvani.a. 2. The Defendant is Thomas R. Lujan, who currently resides at 210 A Marshall Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona f ide resident of the Commonweal th of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on September 4/ 19B1, in Hawaii. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 33011c) or 3301(d) VERIFICATION I verify that the statements set forth in the attached ~ I Ii, '.1 I I. Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Sh~~~ , lJ.\"'~lYLl'I""'. "...Ill~ ~ , ! r i '. I I. I 'I , , 6 r t ( I ,1 II; :.1 .... ." "YO ., "" i;f CQ - t.' " " !..... "" >j. .~ .I)~ '. ..~ '- ~~.> r;~ ,.-t.., -~~ -. :;:) ~ -. I\,) " - -.# t .....', c.-' -..-,---.---.---.-- " . .....- , ,,-.1 ,-) -., I ., , : " Tt I I I ) ) , -; I I , J " I I I - 'J -, I f . .' HENRY F. COYNE ATTOIINIlV AT LAw 31OIMA~KET'T~EET CA.... HILL. ~A ''70 I . 1717.7a7-o... ~ ..... +_+".J '---..- .._~ ...... . .- . "------- -~ SHARON A. LUJAN, PlalaUrr VI. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-%151 CIVIL TERM THOMAS R. LUJAN, Dereadaat : CIVIL ACTION - LAW PRAECIPE TO THE PROTHONOTARY: Kindly docket the enclosed Separation Agreement in the above-referenced mailer. Dated: t5 S"Feo8 'i1 squire " . 'O,ao - J -.. . . -- .....' r' "......:........., '-..I " ~I' , ',\ -11 ,. , :.) " 'i' ',.11 !.,I -l.:' ;I'i I j ! :> ,I! , ,f'J ", ..... . . 4 J. DEBTS. Neuher one 01 us will do anything which will cawse the other party to be rsponaible lor any debt or legal obligallon 01 any kind. Neither one 01 u.\ Will create a debt in the furure in the name 01 the other. If one 01 us were to create such a debl or obligation. he or she will defend. indemnify and hold harmless the other party a.'Ito the debt or ohligation. 4. MUTUAL RELEASE. Subject to the provisioll.'l 01 this agreement. each party waives his or hl'f rights to alimony and any lurther distribution 01 property inasmuch as the parties hereto agree thai this agreement provides lor an eql'llable distribution 01 their marital property in accordance with the Pennsylvania Divorce Code of IlJIlO. Subject to the provisiona of this agreement. each party has released and discharged and by thIS agreement does for himself or herself and his or her heir.!. legal representatives. executors. adminislrators. and wigos. release and discharge the other 01 and lrom all causes 01 action. claims. righl3 or demands whal30cver in Jawor l'qWly which either 01 the panles ever had or now have against the other. except any and all cauae or ca~ of action lor divorce and except in any and all causcs of action for divorce and except in any and all causc.'l 01 action lor breach 01 any provision of this agrcemenl. Each party abo waives his or her right to request marital cowueling pursuanlto 23 I'a. C.S.A. B302. 5. MUTUAL CONSENT DIVORCE. The parties agree and acknowledge that their munage is inetrievably broken. thai they do not desire marital counseling. and thai they both conaenlto the enlry of a Decree In Divorce pursuant to 23 I'a. C.S.A. ~330I(c) or (d). Accordingly both parties agree to lorthwith execule such consenL,. affidavits. or other documenl3 to direcl their respective anomeys to lorthwith file consenl3. alfidavil3 or other dor.umenl3 as may be necessary 10 promptly proceed to obtain a divorce pursuant to said Sections ..13 Pa. C.S.A. ~3301(c) or (d). Upon request 10 the extent pennlned by law and applicable Rules of Civil Procedure. the named defendanl in such divorce shall execule any waivers of notice or other waivers necessary 10 expedite such divorce. It is the intention 01 the partIes that the agreement shall survive any action for divorce which may be inSliluted or prosecuted by either party and no order. judgment or decree in divorce. lemporary. final or permanent shall affect or modify the financial terms of this agreement. This agreement shall be incorporall~j but shall not be merged with said judgment or decree of final divorce. but shall be incorporated for the purpose of enforcement only. ,. L. '"I /Iff .! . fl. PROPERTY DISTRIBUTION. lhe lIusband and Wife agree 10 the propeny division in thi., ^greemem an lieu 01 a division 01 manla1 propeny in coun. Both panies acknowledge thai !hey have bl'en lully adviSl'ti a., 10 !he nalWe and extem 01 the marilal prllpeny. Both apnics now and forever deem this division 01 the personal propeny acquirl'ti during the marriage to be fair and l'qullable. From and aller the dale 01 signing !his agrecmenl. bo!h panies shall have !he complete lreedom 01 di.,posilion as 10 hisiher separate propeny and any propeny which is in their possession or con!rol pUTSuamlo !his agreemem and may mongage. sell. grant. convey. or o!herwise encumber or dispose 01 said propeny. whether real or pcrsonal. whe!her such propeny Willi acquired before. during or after mamage and nei!her Husband nor Wife nl'Cd join in. consenllo. or acknowledge any deed. mongage or other insuumem of !he o!her penaining 10 such dispoaition of propeny. The Wife agrees to lake !he beige sola bl'ti. !he blonde ash kitchen table and chain. !he coUee lable. !he blonde wood elagere, !he brass bed. small Sony lelevision, !he VCR, !he Bombay chesl 01 drawers. and one-half of o!her lables. lamps. dl'Corative furnishings. china and kitchenware a., previously decided. and all her personal clo!hing and elfec'" 10 fully sati.sfy her personal propeny nghlS. The lIusband will receive all other personal propeny. 7. MOTOR VEHICLES. With respcclto mOlOr vehicles owned by !he panies. !hey agree IIlI follows: Husband 10 receive the 1992 Volvo. Wi!h respeclto!he 1975 Mercedes Benz. ". !hat automobile shall be sold or !raded in and !he proceeds of the said trade in or sale shall be applied directly 10 !he wife's purchase or lease of a.'l aUlomobile. The automobile which is purchased or leased shall be in !he name of !he Wife. she shall be solely responsible for any paymen.., and all operating expenses to include insurance regarding this new purchase. Husband shall be responsible for outstanding automobile loan regarding !he 1992 Volvo and said loan is currently wi!h !he Exchange NarjonalBank. 8. REAL PROPERTY. The panics own no real propeny. so no distribution is necessary. The parties agree to waive any spousal share of real propeny acqwed by the o!her pany during the pendency 01 !his separation agreemenl prior to !he actual entering of a decree of final divorce or dissolution ol!he marriage. "f.-, ~ /}-?f J -". 1/. INT ANOIBI.E PROPERTY. The PW1les a~ree 10 divide and share equally in me fOllowing iOlanglble marilal asseL~ and !heir eSlimall't! cure", value: I'he Phoenix hand. non.IRA Balanced .'und ACCOUOl al $7.000.()O and me Phoenix Fund al. non-llM Growth .'und ACcounl at $J.OOO.OO. Wife will receive the liSAA Shan-Term Bond Fund ACcount at $2.200.00. and any 01 me cash value balance of me Phoemx Home'l.ife Insurance policy of which she is me owner. The Husband 10 relain the Cenificale of DepoSII with me USAA h'deral Savings Bank. All Individual Reliremeru AccounlS shall remain the sole propeny of the individual accounl holder. me said account holdl'l' may design ale anyone he or she Wishes as beneficiaries of the accounl. Husband agrees during the pendency of lhis separation agreemenl nOllO change the Currenr beneficiaries 01 all his Ierm life insurance policies. nor will he change the leonl of his I.asl Will and Teslamenl. a copy of which is allached hereto. 10. ,\UMONY. SPOUSAl. MAINTENANCE ANDSl!PPORT. The Husband will provide the Wife One 'fhousand Dollars 1$1.000.00) per mon!h 01 spousal mainlenance and suppon during the period of this separation agreemenl. Said payment is due on the 5th day of each month. slarting in July. 1996 and ending on the firsl day of the month mal a divorce is granted or through June 5. 1998. whichever occurs firsl. In the eVent the Wife has an account wilh lhe EXChange National BanIc. AIChison. Kansas. the payme", shall be made by automatic deposil the day aller the deposil of Husband's guaranleed deposil of active dUly mililary pay. Ol/1erwise paymenl will be made by check from the Husband 10 the Wife. This paymenl of monthly spousal suppon and mainlenance shall extend until June 1998 or 10 !he mon!h in which a divorce d<<ree is granted. whichever evenl occurs firs!. If the panics divorce Prior to June 5. 1998. HUSband agrees 10 pay One Thousand Dollars ($1.000.00) per month in alimony until June 5. 1998 al which time alimony and/or suppon shall cease. Any spousal suppon or alimony paymenl due and Owing under the lerms of this Agreemenl will cea.le Upon the death of either party or the cohabitation by !he Wife with ano!her. Any alimony paymenl due and owing under the lerms of this agreement will also cease upon !he remarriage of the Wife. If !he Husband retirea from active miJilary service prior 10 June 5. 1996. then the leons of the retiremenl pay diVision s<<tion of this agreement shall supersede this s<<tion. and the amounlof the monthly payment will be delermined under the ICons of thaI section. and will be considered alimony. until June 5. 1998. I , \ i l ~. " 4 ~/,; //{ , j'i , , , . \" , ;; -, Ill. Cl!ST()()Y AND ('IJIl.D SIJI'PO'H. The cUSludy uf Ihe IWO mlnur cliildren horn of Ihis mamage: Dustin Joseph I.uian. born i\owmher 12. 1')112: and Natharuel Jeremy I.ujan. horn March 14. 19114: shall he as promul~aled by an Order ut Ihe ('oun en!ered in Cumberland ("ounlY. Pennsylvania. JUlll!e J. Wl'sley Oler. Jr. un May .Ill. 19<)(,. The Husband waives all child .,uppon paymenls from the Wife. unless Ihe Wife's Income shallc'qual or excel~1 thaI of Ihe Husband's earned income. In Ihal even!. hmh panics agree thaI the amoun! of child suppon payable 10 Ihe Husband may he detenmned by mUlual agreemenl or a coun 01 compelent jurisdiclion. II. PENSION ANI> R~:TIRF.MJo:"lT BENEt'ITS. The panics recognize thaI the Husband has a pension and reliremenl plan through the lJnitl'<l Slates Uovemmen!. The panics agree Iha the Wife shall rl'ceive a fixed percentage of tlie Husband's retiremenl pay from his mililary service. proViding the (iovemmen! of the \lniled Slales provides slld reliremenl pay 10 the Ilusband on the occasion of his honorable reliremenl from federal active dUly mililary service. The amounl of said pay men! shall be equal 10 one-half (1/2) a number wbose numeralor is IS (the number of years of the mamage prior 10 this separation. rounded up) and whose denominalor is the 101aJ number of years of service Illainc>d by the Husband at retiremenl (rounded down 10 the nearesl whole year) multiplic'<llimes (x) the relired monthly pay amounl as sel by the Finance and Accoun!ing Office after federal and Slate taxes and the Survivor Benefil Plan (SBP) have been withheld. ~'or example. if the Husband relires with 27 years and 6 months of service. and assuming his retiremenl pay. after federal and Slale lax deductions and the Survivor Benefil Plan (SBP). is $3.400.00 a month. then the Wife will receive 1/2 X IS/27ths of thaI amounl. In this example thaI monthly paymen! would equal $945.00. In the evenl thaI the Husband. afler retiremenl from mililary service takes a job with the federal govemmenl which reduces his mililary retiremenl pay. the Wife agrees 10 accepl the above percenlage of thaI reduced amounl. Husband agrees to have the ~'inance Cenler pay this amOUnl direclly 10 the Wife al the address she so designales. The amounl of this paymenl shall be so S(1 and fixed al the time of retirement and shall remain al that constanl amounl while both parties are alive. The Husband further agreea 10 designate the children of the marriage as equal beneficiaries of the Survivor Beneril Plan (SBP) as long as lhe Wife is alive and both apnies remain unmamed. 12. MILITARY PRIVilEGES. The Husband will continue 10 sponsor the Wife as a mililary dependenl under applicable military regulations. until the final decree of divorce or dissolution of the mamage 15 gran led. AI the lime of such dec~ee. the Wife agrees 10 promptly relurn ber mililary priVilege card. The Wife agrees nOllO comlCl. either directly or indirectly. the armed forces or the Commanding Officer or any supervisor of the Husband. :'i L,V ()oif 1.l. I'AX RETURNS. BoUt pan,cs allree 10 tile mdlvidual lederal and Slaw lax relurns ror 1996 and any subsequent year in whirh Ihe linal divorce dl'CrL'c has nOI yel bl'Cn issued. The lluaband shall have Ute sole righllo claim Ihe two children 01 the marrial\c. Uuslin J. I.ujan. and Nalhanlel J. Lujan. as dependents on all fl'llcral and state retum.,. BoUt panics agree to be jointly and severally liable for any tax issues arising lrom relums tiled prior to the elfl'Ctive dalc of Ihe separation. If there is any deficiency assessment on any of Ihe aforesaid rellllT15. Ihe Huaband and Wife agree 10 give each other imml'(hate wnllen notice of same and Utal each shall shure equally in any deficiency or a.!ISe'ISment impos<.><1 rel\arding any interesl or penallics on those said joinltllll returns. 14. WAIVERS OF CLAIMS AOAINST EST A TES. ^s herein olherwise provided each party may dispose of his or her property m any way. and each pany hereby waives and relinquishes any and all rights ls)he may now have or Ihereafter acquire. under the presenl or fUlure laws of any jurisdiction to share in thc property of the estale of the other as a resull of the marilal relationship. including withoul limitation. dower. curtsey, slalulory allowance. widow's allowance. right to lake inlcslacy. right 10 lake allainslthe estate of the other. and righllo acl as administralor. execulor of the other's eslate. Each will althe requesl of the other. execute. acknOWledge. and deliver any and all instruments which may be necessary or advisable 10 carry into e((eclthis mutual waiver and relinquishmenl of such interests. righra. and claims. 15. BREACH AND ENFORCEMENT. If either party breaches any provision of this agreement. the nther party shall have the righl. al his or her election. 10 sue for damages for such breach, or seek such oUter remedies or relief as may be available 10 him or her. and the party breaching this agreemenl shall be responsible for payment of anomey's fees. legal fees and costa incurred by the olher in enforcing his or her righra under Ihis agreement. 16. ADDITIONAl. INSTRUMENTS. Each of the panies from lime to lime. III Ute requesl of the olher. execute. acknowledge a,d deliver to the other PartY any and all other insuumenrs thai may be reasonably required 10 give full force and e((ecl provisions of thia agreement. ~l/ ao " - 17. TAX ADVICE. BOlh pames herelo hereby acknowledge and agree Ibey have had the opponumly to relain thear own aC(()untanL~. cemlied public aCCllUnlanlS. tax advisors. or tax anomey with relerence to lax implications 01 thi., agrt'Cmenl. Funher. neither pany has bl'Cn given any tax advice whallloever by their respeClIve attorneys. Funher. hoth panies hereby acknowledge Lhat they have been advi.sed by Iheir reSpl"IIVe anomeys. if any. 10 seck their own independent tax advice by retaining an aCClluntant. ccn,li.,j public account. lax anomey or lax advisor With relerence III the lax implicalions involved io this agrccmem. Funher. the parlles acknowledge and agrt'C thai their signalLlres 10 this agreement serve as their acknowlL,lgement thaI they have read Ihis panicular paragraph and have had the opponunlly 10 seck independent lax auvice. I H. VOLUNTARY EXECUTION. The provisions 01 this agn.'eflIent and their legal effect have been fully explained to the panics by Iheir respective counsel. if o.ny. and each pany acknOWledges that they agrt'Crnent is fair and l'Qullable. thaI il is being entered into voluntarily, with the lull knOWledge 01 the asselll of both panies. and thaI it is nOI the result of any dures.! or undue inlluence. The panics acknowledge thaI they have been furnished with all information related 10 the financial affairs of the other w~ich has been requesled by each of them or by their respective counsel, if any. 1'.1. DISCLOSURE. Husband and Wife each represents or warrants 10 the Othllf thaI he or she has made full and complete disclosure 10 the other of all assets of any nature whatsoever in which such pany has an interest, the sources and amounts of income of each pany or every Iype whatsoever and of all other lacLs relating to the subjecl maner of this agreement. 20 ENTIRE AGREEMENT. This agreement conlains the entire understanding of the parties. There are no representations. warranties. covenants. or undenakings other than those expressly sel fonh herein. Husband and Wife acknowledge and agree thaI the provisions of this agreemenl with respecllo the distribution and division of marilal and separll.te propeny are fair, equitable. and satisfactory to them based on the length of their marriage and other relevanl facton which have been taken inlo consideration by the parties. Both parties hereby accepl the provisions of this agreement with respect to the division 01 propeny in lieu of and in full and final senlemenl and satisfaction of all claims and demands thatliley may now have or hereafter have aglinat the other lor equitable distribution of their propeny by any coun of competent jurisdiction punU1II1I to 23 Pa. C.S.A. BSOl t3 seg.. or any other laws. Husband and Wife each volunlariJy and intelligently waive or relinquish any ri8hllo seele a coun ordered lermination or dialribution of marilal property bul nothing herein comaincd shall constitUIe a waiver of either PUlY of any riabll 10 seek the relief of any corporate or PLlrpOse of enforcing the provisions of this lIIellll)"jlL 7 'V '-, o LAST WILL AND TESTAMENT OF THOMAS RANDALL LUJAN I, THOMAS RANDALL LUJAN, do hereby make, publish, and declare this instrument as my last will and testament. I hereby revoke all previous wills and codicils, ARTICLE I FIRSTI I direct that all my legally enforceable debts, including funeral expenses, expenses of my last illness, administration expenses, federal estate taxes, state inheritance taxes, and written charitable pledges, if any, shall be paid by my Personal Representative, hereinafter named, as soon after my death as may be practicable, provided that nothing herein shall be construed to require or direct the acceleration of maturity or the prepayment of any indebtedness owing by me at the time of my death, or arising by reason of my death. Said debts shall be paid from and borne by the principal of my residuary estate, without regard to reimbursement, as if such debts were administrative expenses. SECONDI In addition to any powers granted by tha law of the state in which this Will is probated, I hereby authorize and empower the fiduciaries herein named, to the extent of the discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or rent the whole or any part of my real or personal estate, to invest, reinvest, or retain investments of my estate, to perform all acts and to execute all documents which my fiduciaries may deem necessary or proper in regard to my property, THIRDI If any of my fiduciaries elect to receive compensation for services, such compensation will be that allowed by law, FOURTH I If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fuHy operative, My Personal Representat.ive may seek and obtain court instructions for the purpose of carrying out as nearly as may be possible the intention of this Will as shown by the terms hereof, including any terms held invalid, illegal, or inoperative, FIFTHI If any beneficiary or beneficiaries under this Will should not survive me for 30 days or should any beneficiary or beneficiaries and I die as the result of a common disaster, the provisions of this Will shall be applied and interpreted in the same manner ey would have been had such beneficiary or IZtUJ4 PAGE 1 C, Q..- ~~ ~ ~ beneficiaries predeceased me. SIXTH, Except as otherwise provided in this Will, I have intentionally omitted to provide for any other person, whether claiming to be an heir of mine or not. SEVENTH. Any interest in any real estate devised to any beneficiary herein is hereby expressly devised to such beneficiary as his or her sole and separate equitable estate. EIGHTH I I have served in the Armed Forces of the United States. Therefore, I direct my executor or executrix to consult the legal assistance officer at the nearest military installation to ascertain if there are any benefits to which my dependents are entitled by virtue of military status at the time of my death. I direct my executor or executrix to consult with the nearest Veterans Administration Office to ascertain if there are any benefits to which my dependents may be entitled. NINTH. The term "descendants" as used in this Will means the immediate and remote lawful, lineal descendants by blood or adoption of the person referred to who are in being at the time they must be ascertained in order to give effect to the reference to them. TENTH I The term "issue" as used .in this Will means all persons who are descended from the person referred to either by legitimate birth to or legal adoption by that person, or any of their descendants legitimately born or legally adopted. ELEVENTH. The term "children" as used in this Will includes adopted and afterborn persons. TWELFTH. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will. THIRTEENTH. When it is provided that the issue of a deceased beneficiary shall receive that beneficiary's gift, then the division among such issue shall be such that the living descendants of such deceased beneficiary take per stirpes. FOURTEENTH. The term "per stirpes" as used in this Will means that whenever a distribution is to be made to the descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and (2) deceased children, who left descendants who are then living, of the person. Each living child (if any) shall take one share and the share of each deceased child Ihall ~~- PAG' 2 ~ -.l. uiM. be divided among his then living descendants in the same manner. FIFTEENTH I As used in this Will and its clauses, the male gender shall include the female and neuter, the singular shall include the plural, Testator shall include Testatrix, and vice versa. SIXTEENTH I The term "Personal Representative" as used in this Will means Personal Representative, Executor, Executrix or any other title of like import which is used to describe such a fiduciary in the state of my last domicile. ARTICLE II FIRSTI I hereby cancel, annul, and revoke all wills and codicils heretofore made by me. SECONDI It is my desire that some specific bequests of personal property be given to my CHILDREN. I request that my Rolex watch be given to my SON, BRANDON J, LUJAN. I request that my golf equipment be given to my SON, TREVOR J. LUJAN, I request that my West Point Ring be given to my SON, DUSTIN J. LUJAN, I request that my Army memorabilia be given to my SON, NATHANIEL J, LUJAN, THIRDI It is my intention by this clause to create a Testamentary Trust to provide for the education of my children by a previous marriage, BRANDON J, LUJAN and TREVOR J. LUJAN. The corpus of the Trust will come from the United Services Automobile Association, policy on my life. During my lifetime, I alone was responsible for payment of premiums and other charges on this policy. Following my death, the Trustee shall collect that portions of those proceeds upon the uses and trusts hereafter sst out. The Trustee shall have no duty to collect or attempt to collect any death benefits from this policy unless and until he has actual knOWledge of my death and tha t such death benef.l. ts are payable to the Tru8tee, nor shall the Trustee be required to institute legal proceedings to collect 8uch death benefits without indemnification satistactory to him for resulting expense, including without limitation, counsel fees, In the collection of the death benefits payable under my United Service Automobile Association and Armed Forces Relief and Benefit Association Insurance poliCies, payment to and receipt by the Trustee shall be a full discharge of any liability of my insurance company, and any company need not take notice of this instrument or see to the application of any such payment by the Trustee, The rules for governance of the Trust follow, i I " ~ 1L/a/(1f- 1 LI ~/t ( '2) wi. PAGE 3 I I ' G, Notwithstanding the provisions of paragraph F, if any of the said children should die prior to the time when my youngest of the children has attained the age of twenty-two (22) years, but leaves surviving a child or ~Jb'4- A. My primary desire is that my children, BRANDON J. LUJAN AND TREVOR J, LUJAN, be properly educated, rather than that the principal of this trust be preserved for division into separate shares. I wish my Trustee to be guided by this division into separate shares. I wish my Trustee to be guided by this desire in making discretion&ry distributions, The trustee shall payout or use such part of all of the income and principal of the trust as the Trustee may deem best in his discretion to provide for the education of my said children. Any income not paid out or used currently shall be accumulated and added to the trust principal. In making discretionary distributions of trust income and principal, the Trustee shall take into consideration any other means of support available to my said children, to the knowledge of the Trustee, In making distributions from this trust, I authorize the Trustee to make them to my said children directly or to others in their behalf. B. c. D. E. The Trustee shall have full power to invest the principal of this trust, as well as any income accumulated in accordance with paragraph B, above. It is my dosire that my Trustee have as much freedom in this regard as I would have in the handling of my own affairs. I authorize the Trustee to sell, exchange, or otherwise transform any assets of this trust whenever it appears to the Trustee that such a course of action serves the purpose of this trust. Without limiting the Trustee's powers, I specifically authorize investments in real estate, stocks and bonde, mutual funds, municipal bonds, certificates of deposit, savings account, bank stocks, and mineral leases. F. The rest shall continue until the youngest of the said children has llttained the age of twenty-two (22) years, When my youngest living child has attained that age, the assets then remaining in trust if any shall be distributed among all of my said chIldren ' then living, in equal shares. ' PAGE 4 ('c' L-"' ~"" ~ & children who ore still living ot that time, then the trust assets shall be divided as if such deceased child shall inure to the benefit of such of his or her children as are alive at the time the youngest of the said children attains the age of twenty-two (22) years, and shall be distributed to such surviving child or children, in equal shares. H. If at any time before final termination of any trust created under this Will, all beneficiaries thereof shall die, then the property remaining in such be distributed equally to that person or persons named in the Fourth clause hereof, I. Notwithstanding anything herein to the contrary, all property of every trust created herein shall vest in and be distributed to the beneficiaries then entitled to the income from such trust at the expiration of twenty-one (21) years after the death of the last to die of all beneficiaries who were in being on the date of my death, unless sooner vested. The purpose of this provision is to prevent any possible violation of the rule against perpetuities if the provision should be so construed. J. I hereby nominate, constitute, and appoint my WIFE, SHARON ALYCE LUJAN, now residing at 5583 Ashqrove Drive, Fayetteville, North Carolina 28311, and my SISTER, MARCIA LUJAN JANZEN, now residing at 5419 Butternut Circle, Minnetonka, Minnesota 55343, as my CO-Trustees. The Trustee shall have all the powers, privileges, discretions and immunities necessary for the establishment and functioning of such a trust and shall be entitled to commissions at the rates and in the manner payable to a testamentary Trustee, and he shall not be required to give any bond or other security for the faithful performance of his duties hereunder in any jurisdiction whatsoever, or, if any bond is required, he shall not be required to give surety thereon. My Trustee shall not be required to account to any court for the administration of the Trust Estate created herein, but shall furnish annual reports of the administration to all beneficiaries over the age of sixteen (16) years, K, For the purposes of this Trust, my children include only those children by my previous marriage, BRANDON J. LUJAN and TREVOR J. LUJAN . , FOURTH, I hereby give, bequeath and devise all the rest, residue and remainder of my property and estate, real, tlud_t~4JcI/~- () PAGE 5 ('l , (-~ ..... ~ ~\ \, " personal and mixed, of any and all kinds, character and description, to include lapsed gifts or bequests, wheresoever to be found, to my WIFE, SHARON ALYCE LUJAN, in fee simple absolute. FIFTHl In the event that my WIFE, SHARON ALYCE LUJAN, shall not survive me, I hereby give, devise and bequeath all of my property and estate, real, personal and mixed, of any and all kinds, character and description, wheresoever to be found, in fee simple absolute, in equal shares to my children, DUSTIN J. LUJAN and NATHANIEL J. LUJAN, and any other children born of my marriage to SHARON ALYCE LUJAN, SIXTHI In the event that my WIFE, SHARON ALYCE LUJAN, and my children, DUSTIN J. LUJAN and NATHANIEL J. LUJAN, do not survive me, I hereby give, devise and bequeath all of my property and estate, real, personal and mixed, of any and all kinds, character and description, wheresoever to be found, in fee simple absolute, to my FATHER, JOSEPH C. LUJAN, and direct that he look to the needs of my CHILDREN, BRANDON J. LUJAN and TREVOR J, LUJAN, and my SISTER, MARCIA LUJAN JANZEN, and BROTHER, JAY C, LUJAN, and my MOTHER-IN-LAW, MARY ERICKSON, and my FATHER-IN-LAW, HARRY ERICKSON, in an appropriate manner, ARTICLE III FIRSTI I hereby appoint my WIFE, SHARON ALYCE LUJAN and my SISTER, Y~CIA LUJAN JANZEN, as Personal Representatives of this my LAST WILL, SECONDI In the event that SHARON ALYCE LUJAN and MARCIA LUJAN JANZEN, do not survive me or ceases to serve for any reason as Personal Representatives, I hereby appoint my FATHER, JOSEPH C. LUJAN, as Personal Represontative of this my LAST WILL, I direct that JOSEPH C, LUJAN have the same authority, powers and rights as my previously named Personal Representatives. THIRDl I hereby authorize and empower my Personal Repre- sentative within his discretion, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease, or rent, the whole or any part of my real or personal estate; to invest, reinvest or retain investments of my estate; settle, compromise, adjust or submit to arbitration, in such manner and upon such terms any and all claims by or against my estate; and to perform all acts, and to execute such instruments as my Personal Represent- active may deem necessary, convenient or proper to effect the enumerated powe~ under this clause, &at()Jl~a!I<<:-. PAGE 6 7 -/ ) u .1~ 1i&, , I I \ FOURTH. I direct that my Personal Representative ahall serve without bond or other security, ARTICLE IV FIRST. In the event that SHARON ALYCE LUJAN, my WIFE, does not survive me or cease to serve for any reason, then I hereby appoint my SISTER, MARCIA LEE JANZEN, to serve as Guardian FOR DUSTIN J. LUJAN AND NATHANIEL J. LUJAN. SECOND. In the even that LYNDA D. HUBER, my FORMER SPOUSE, does not survive me or cease to serve for any reason, then I hereby appoint my SISTER, MARCIA LEE JANZEN, to serve as Guardian for BRANDON J. LUJAN AND TREVOR J. LUJAN, THIRD. The Guardians are to serve without the intervention of any court or Courts, except as required by law. FOURTH, I direct that my Guardians shall serve without bond or other security. IN WITNESS WHEREOF, I, THOMAS RANDALL LUJAN, the Testator, sign my name to this instrument on 14 JANUARY 1991 and being first duly sworn, do hereby declare to the undersigned authority that I am a resident of FLORIDA; that I siqn and execute this instrument as my Last Will and that I sign it willingly; that I execute it as my free and VOluntary act for the purposes therein expressed; that I am eighteen years of age or older; that I am on active duty with the United States Army; that I am of sound mind, memory, and understanding; and under no menace, constraint, undue influence, fraud, or misrepreSentation, 7(;~4M THOMAS RANDALL LUJAN - ESTATOR Signed, sealed, published and declared by THOMAS RANDALL LUJAN, as his Last Will and Testament in the presence of all of us at one time, and at the same time, we, at his request and in his presence and the presence of each other, have hereunto subscribed Our nameH as witnesses, and we do hereby attest to the sound and dispOsing mind and memory of said testator at the date hereof, and to the performance of the aforesaid acta of execution at ~ BRAqG, NORTH CAROLINA, this 30 AUGUST 1990. ( . --'----. OF FAYETTEVILLE, NORTH CAROLINA PAGE 7 <47 ___ ..-1/ ~ ~( '. , .' . .. ~ k ~hul MAZ E H. ANDERSON ) OF FAYETTEVILLE, NORTH CAROLINA OF ENGLEWOOD, PLORIDA ~t4/L PAGE 8 ~ . ~Ij . Li .0'l'L '. , .' , .' MILITARY SELF-PROVING CLAUSE FORT BRAGG NORTH CAROLINA I, THOMAS RANDALL LUJAN, the Testator, sign my name to this instrument, consisting of eight pages including the page containing the Acknowledgment, this 14 JANUARY 1991, and being first duly sworn, do hereby declare to the undersigned authority and witnesses, that I am a resident of FLORIDA; that I sign and execute this instrument as my Last Will; and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed; that I am eighteen years of age or older, on active duty with the United States Army; of sound mind, memory, and understanding; and not under any menace, misrepresentation, fraud, constraint, undue i:pnce,.~~;;~to make a Will. ~'LUJ~a;;ATOR UNDER PENALTIES FOR PERJURY, WE, GREGORY DOYLE, MAZENE H. ANDERSON, and ULYSSES G. MATHERLY, JR., the undersigned witnesses, whose names are signed to the attached or foregoing instrument, being first duly sworn on 14 JANUARY 1991, in FORT BRAGG, NORTH CAROLINA, by STEVEN J, LOKENSGARD, a notary public do hereby declare I The within will was subscribed in our presence and sight at the end thereof by THOMAS RANDALL LUJAN, the within named Testator, on 14 JANUARY 1991, in FORT BRAGG, NORTH CAROLINA. Said Testator at the time of making such subscription declared his domicile as the state of FLORIDA; that the instrument so subscribed to be his last Will and that he willingly signed and executed such instrument as a free and voluntary act for the purposes therein expressed, Each of the undersigned thereupon signed his or her last name as a witness at the end of said Will, at the request of said Testator and in his presence and Sight, and the presence and sight of each other. The Will was executed as a single, original instrument and was not executed in counterparts. The foregoing instrument consisted of eight pages, including the page containing the Acknowledgment, Each of the underSigned was acquainted with said Testator at such time, and makes this affidavit at his request. The within Will was shown to the undersigned at the time this affidavit was made, and was examined by each of them as to tho signatures of said Testator and of the undersigned. The signatures to the Will are in the handwriting of the Testator and the undersigned Witnesses. The foregoing instrument was executed by each of the undersigned affiants under the supervision of STEVEN J. ~ht)d~ _ PAGE 9 (j;2. - v itVv.. .~ V.\Lv,,\. " .. , . ." .. Acknowledgment NITH THE UNITED STATES ARMBD FORCES AT PORT BRAGG, NORTH CAROLINA. I, the undersigned officer, certify that on 14 JANUARY 1991, before me personally appeared THOMAS RANDALL LUJAN, who is known to me to be a U.S. Armed porces member on active duty, to be the identical person who is described in, whose name is subscribed to, and who made, signed, and executed the foregoing instrument, and having first made known to the Testator the contents thereof, the Testator signed and sealed the same, on the date it bears, as a true, free, and voluntary act and deed for the purposes therein expressed. Further, this instrument was, on this same date, subscribed and sworn to before me by GREGORY DOYLE, HAZBNE H. ANDERSON, ULYSSES G. MATHBRLY, JR., witnesses. I do further certify that by statute no seal is required on this certificate, and the same is executed in my capacity as a commissioned officer under statutory authority granted to me by Article 136, UCMJ/ Title 10, United States Code, Section 936. ...........~. OFFICIAL CAPACITY' SUPERVISING ATTORNEY CAPTAIN, JUDGE ADVOCATE GENERAL'S CORPS, U.S. ARMY !Z~~1- ~ Mv, 1 ~\ PAGE 11 ...J> , I' . 'Ii >'. <1i , \ . ... I' , , .. . . I, I , I I (' " ,) ",J oil .." , .,"j I t ~,..! f,1 ) tlllt I i :J ('I :1;1..) r , HlJ .' :,".1 J.. ~ ,In " ,:-J ~'> ,J ')) .:.~ . 1,'-' ", " , '.. , ., I ";1 "1] , ,"1 t,!! J 1"1 I Jj <. :1;' t . ", ';- ~)~I ,~ j'-'j .;(\11 j '" I r/) ''', SIWlON A. LUJAN, I IN THE COORI' OF Ca+nl PLEAS OF Plaintiff I CUMBERLANO COUNT'{, PENNSYLVANIA I va. I ~. 96-2151 CIVIL TERM I 'nll::MAS R. LUJAN, I Detendant I CIVIL ACTION - LAW WAIVD 0. NlmA or 1N"IDlTI0N 1'0 Rll'-Omsr lHI'Ily 01' A DrvOIlCK Dlr'Dn UNDJll l.330lCcl 0' THE DIVORf'R CODE 1. I conaenl to rbe miry of a Final Decree of Divorce withoul notice. 2. I understand rball may lose ri&hts conceminlJ alimony, division of property, lawyer's fees or expensa if I do not claim them before a Divorce i.s granted. I undentand rball will not be divorced unlil a Divorce Decree i.s entered by the Court and rbal a copy of the Decree will be sent to me immediately after il i.s filed with rbe Prothonotary, I verify that the statements made in this affidavit are true and correct, I understand rbat false statements herein are made subject to the penalties of 18 Pa. C,S. S4904, relating to unawom falailieation to authorities, Dated: f'ebruarv 5, 1997 ., MbA .'(i'1A./ J::'-....1. -"A~ Plaintiff I' " r , 1, I ':.J , I . I I ~I , , I '"1 ,) I . ~ ~ \. r 1-1I :,.J I , ~ /,") " -~,) 'r! ! " j- "-, ".) " .~ III ." ! ::) ! ,) \ -0, A"IDAVIT 0' NOTICB 0' COUNSBLING I. Sharon A. Luian , Plaintift. beins duly Iworn aooordin. to law, d.pos.. and says: 1. I have been adviud ot the dVdilability ot marriale coun.elins and understand that I .ay reque.t that the court require that .y spou.e and I participate in counselins. 2, I undel'atand that the COUl't maintains a li.t ot marriale coun.elor. in the Domestic Relation. Ottice, which list i. av4i14ble to .. upon request. 3, Beins.o advi.ed, I do not request that the court require that .y .pou.e and I p4l'tioipate in counsel ins prior to a divol'ce decree beins handed down by the COUl't. I understand that tal.e .tdte.ents herein are .ade .ubject to the penalti.. ot 16 P4. C.S. 114904 relatins to unsworn talsitication to authorities. J ",1'44'(/'-'_<.'1/'-- C( e~.-..-' Plaintltt " ') ( ~ ; ,., "I " -, , I -J ri , I " , ,-', \ I " I ;,"j '"LII , 1 -' :') , ", :1 HENRY F. COYNE '. .. AnO"NIV AT LAw ....-.---- 3101 MAIIKET ITIIIIIlT C........ HILL.". 110' t 1"717.17-0.'4 SHAR:lN A. LUJAN, I IN THE CaJRl' OF C<l+IlN PLF,AS OF Plaintiff I CUMBERLAND CCXJN'l"{, PENNSYLVANIA I V'& I 00. 96-2151 CIVIL TEIlM I 'ntCIofAS R. LUJAN, I Defendant I CIVIL ACI'IOO - LAW AJrIDAvrror mNDNT 1. A Complainl in Divorce under Section 3301(c) of the Divo~ Code wu ftIed OD ^pr;il 19, ,19 <)6 , 2. The muriqe of ~e Plaintiff and Defendanl is irretrievably broken and ninety (90) days have elapaed from the dare of filinS the ComplainL 3. I consenlto the entry of a fmal decree of divorce alter service of notice of inllllllioD to request entry of the Decree. I verify' that the stalemenlS made in this affidavil are true and correcL I undentand lItat faJae sla/.emenll herein are made subject to the penalties of 18 Pa, C.S. g4904, relating to unsworn falaificatioD to authorities, Dared: F'obruary 'j. 1')97 Clt.tlUJc.d?4i:h.- Defendanl --, . ' . ' . ',_ffII ...... ,. :, n ( ) ..J " .To '1'1 /I ., .J 0, , , , " <. ;'.') t I!) :j. " j 'j 1 ~.. I ;1 " j ~: I :'") I;) ! " , ' l- I , I, . ! '. J , f ,. \ I, I', ~ It :1, I~ I~ -- . r , . '''' ....-... - ,...._~.-._-~-..,~....-...._~ --..._-, , ~ ~'J , ') , hl1 "'-,1' " , Ci -' 'I .rl hi " I C , , ') : , I " , , , I'n , " , '~') , I , ~ '1 "'.. I I I t f I . HENRY F, COYNE AnOllNKY AT LAW 3101 MA"KIET 8T"IIT CA"~ HILL. ~A 11011 1111. ",-eM,.. . , -..-. I I' , " SHAR:iN A. LUJAN, Plaintiff va. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 96-2151 CIVIL I i Ii I I I 'IH:WIS R. LUJAN, Detendant CIVIL ACTION - LAW IN DIVORCE I I i I i' AFFIDAVIT OF NOTICE OF COUNSELING I , Thanas R. Lu1an , Det~ndant. bein. duly sworn ~ooording to law, deposes and says: " 1. I have bun adviud ot the availability ot merriage counseling and understand that I may requeat that thli COllrt rliquire that my spouae and I participate in counseling. 2, I understand that thli court maintaina a list ot marriage counselors in the Domestic Relations Ottice, which list is ,:lvailabloe to mli upon request. i Ij. 'ii, 3, Beins so advialid, I do not rliQ'.1eat that the court require that my spouse and I participatli in counsel ins prior to a divorce decree beins handed down by the Court. D~~~n~44~ I , l il l i ~ " ~ ' f- jt' :', ,~ I, 'II I understand that talse statements herein are made subject to the penalties ot 18 Pd. C.S. ~4904 relating to un.worn falsitication to authorities. . " , . -- ~ -- -......---.----- -' cJ J 11 '1 , '"I'" ,\ "'''I ri " . I i'j , i'O) (, I ~1~ , , I' ,::1 ( '.) ,In . ~ '! ':; , 1,1'\ ...... I :~ i, t " , I ~~ ~~~ II c.~~ ~ Ij'J-f i~~; ~ .., ~ :1 - ,. .... J 'ff I ..~;, .., ~~ . ! ' , tIS .: ~ i ~"~ III . , I -'1 tf I> ~~ '" 'I! ~,. :< " 8e. 821 g 'J. -~ ~ ,c ~ ..:I .:l . ~ ;:; ~ I~ . ;a - f.i .0: . !5l~' , i'i.h 0: ~ i ~. ~ ~ , . .- 4 SHARON A. LUJAN, Plaintiff IN THE COURT OF ca-lMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. NO. 96-2151 CIVIL TERM TtJaoIAS R. LUJAN, Defendant : IN CUSTODY aBl'aJlC CXH:ILIATICII SlJIIARY RJ!II(RT IN AClCXlUWlCE WITH <UIBERLANO CXUll'Y RULE or CIVIL PR(.t'I"'o.ml 1915.3-8, the undersigned Cust~y Conciliator submits the following report: 1. The relevant information pertai.1ing to the Children who are the subjects of this litigation is dS follows: NAME BIRTHDATE CURRENTLY IN CUSTODY OF Dustin Joseph Lujan Nathaniel Jeremy Lujan November 12, 1982 March 14, 1984 Mother/Father Mother/Father 2. A Conciliation Conference was held on May 22, 1996, following individuals in attendance: The Mother, Sharon A. Lujan, counsel, William C. Vohs, Esquire, and the Father, Thomas R. Lujan, counsel, Lisa M. Coyne, Esquire. with the with her with his 3. The f'ather filed this claim for custody in his answer to the Mother's Divorce Complaint. The Father is a Colonel currently assigned to the U.S. Army War College in Carlisle but will be reassigned to Tampa, Florida in July 1996. The Father's position on custody is as follows: ,!'he Father believes that it is in the Children's best interest to reside primarily with him. The Father stated that the Mother was diagnosed with bipolar disorder in 1991 and has a history of voluntary and involuntary hospitalizations. According to the Father, the Mother stopped taking her prescribed medication for bipolar disorder a few years ago and currently refuses to recognize that she has a lTlP.dical condition requiring treatment. The Father indicated that the Mother had been arrested for domestic violence against the Father in 1995 and was again investigated in January 1996 for assault against the Father at the Army War College. The Father stated that the Children have expressed a preference to reside with the Father. Also according to the Father, the boys, who are in the seventh and sixth grade currently, are on the honor roll and are active in a variety of sports. The Father indicated thac he coaches some of the sporting events, does homework with the Children and teaches CCD classes related to their religious training. The Father repeatedly mentioned that he has attempted to involve the Mother in counseling and has tried to pursuade her to obtain treatment for her bipolar disorder. The Father indicated that he would agree to the Mother having liberal periods of partial custody of the Children if she is on medication and obtaining treatment for her illness. During the pel five (5) years, the children have resided with the following persons al the following addresses: Name Address DAIa Parties and Children 2l0-A Marshall Road June, 1995 to ClU'lisle, P A Presenl Parties and Children 9911 Mannet Road August, 1993 10 Burke, V A June, 1995 Parties and Children 5583 Ashgrove Drive September, 1989 Fayeueville, NC AugUSl, 1993 The mother is Plaintiff who currently resides at the Marshall Road address. She is married. The father of the children is the Defendanl who currently resides at the Marshall Road address. He is married. 12, The relationship of Plaintiff to the children is that of mother. The Plaintiff ~urrently resides with the following persons: Name Rd.ililln.W.iQ Thornas R. lujan Dustin J, lujan Nathaniel J. Lujan Husband Son Son 13. The relationship of Defendanllo the children is thaI of father. The Defendanl currently resides with the following persons: Nune BdiliombiQ Sharon A, Lujan Dustin J. Lujan Nathaniel J. Lujan Wife Son Son 14. The Defendant ha.s nol panicipatcd as a party or a wiUless or in another capacilY, in other litigation conceming the custody of the children in this or another coun. J The Defendant has no information of a cuslody proceeding concerning the children pending in a coun of this Comrnonwealth. The Defendanl does nOI know of a person not a party to the proceedings who has physical cWltody of the children or claims to have custody or visilalion fights with respecl to the children, IS, The besl inleresl and perrnanenl welfare of the children will be served by granting the relief requested due 10 rnother's ernotional and medical lack of well-being, 16. Each parenl whose parenlal righlB to the children have not been lerminaled and dIe person who has physical custod)' of the children have been named .., panies to this aClion. All of the persons. named below, who are known or have a claim or righl to custody or visitation of the children will be given notice of pendency of this aClion and the righllo inlervene: NONE WHEREFORE, Defendant requests this Honorable Coun to granl custody of the minor children 10 the Defendanl and to authorize the removal of the children from Pennsylvania \0 Florida when the Defendanl repons for dUly in Florida in July, 1996. Respectfully submined. Dated~ D (11"\ .. , NE, Esquire Anomey For Del danl 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa, S. CI. No. 53788 f I 4 . . i, , ' VRRmt"A,'I1ON The facia set forth in the foregoing are true and correct 10 the best of the undeniped's Imow1edle. information and belief and are verified subject 10 the penalties for UMwom falsifICation 10 authorities under 18 PI. C.S.A. 14904, Dated: }-~ 19rj, ~ . of j SHARON A. LUJAN. Plaintiff vs. : IN TilE COURT m' COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 96-2151 THOMAS R, LUJAN. Defertdanl : CIVIL ACTION - I.A W : IN CUSTODY 0IlDIIl 0' ffiURT AND NOW. this 3.tLLt"day of --ML-'t----, 1996, pursuant to the Stipulation executed by the parties, which is attached hereto, il is hereby Ordered and Decreed as follows: 1. Parents shall have shared legal cuslody of Du.slin Joseph Lujan, 110m November 12, 1982. and Nathaniel Jererny lujan, bom March 14, 1984. 2. The Father shall have primary physical cuslody 01 Dustin Joseph Lujan and Nathaniel Jeremy I.ujan. 3, Mother shall have periods of visitation with Dustin Joseph Lujan and Nathaniel Jeremy I.ujan at times mutually agreed upon by the panies. 4. Father shall be permitted to permanently remove and relocale the children from the Commonwt:a1th of Pennsylvania to Florida in anticipation and as a result of his active duty military orders. Further. jl is decreed thaI Pennsylvania shall surrender jurisdiclion of this case as ;1 solely relates to custody and jurisdiction shall be transferred to an appropriale coun of competent jurisdiction in Florida. Funher, should Father be transferred from Florida as a result of military orders. or otherwise, jurisdiction as il relates to cuslody shall be determined ill accordance with the Uniform Child CWlndy Jurisdiction Act, a., amended, 23 Pa. C,S,A, Section 5341, el Klj, , " A',JY, Williun C, Vohs. F.aquire urT' vi- Allomey for Plaintiff/Mother ~\l' -. -. lis. Marie Coyne. F.aquire 6 \,,0 V AUomey for Defendanl/Father Dawn l. Sunday, .:squire Custody Conciliator j7t.Oj: i:. ,;) /? / / /t--j (. U~ '-, , Wesley Oler, Jr, a J. . , j , ., .