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HomeMy WebLinkAbout03-0509 SHIRLEY ANN PUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO.OJ - 5"6'1 CIVIL TERM JOHN RUSSELL PUGH, DEFENDANT CIVIL ACTION - LAW ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. Ajudgment 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. 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle P A 17013 (717) 249-3166 1-800-990-9108 SHIRLEY ANN PUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. NO.oa - $O? CIVIL TERM CIVIL ACTION - LAW : ACTION FOR DIVORCE JOHN RUSSELL PUGH, DEFENDANT COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, SHIRLEY ANN PUGH, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.c., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is SHIRLEY ANN PUGH, an adult individual, who currently resides at P.O. Box 370, Lemoyne, Cumberland County, Pennsylvania, 17043, and has resided in Cumberland County for over six (6) months. 2. Defendant is JOHN RUSSELL PUGH, an adult individual, who currently resides at 282 North Margaret Drive, Marblehead, Ottawa County, Ohio, 43440. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on June 1, 1957. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was never a member of the military service. Defendant was a member of the United States Military Services for four (4) years from 1948 through 1952; however, Defendant does not have any benefits from those years in the military service at the present. 9. Plaintiff and Defendant have one (1) child from their marriage, DEBORAH ANN HINCKLEY, born on April 18, 1958. This child is no longer a minor and is not a part of this Complaint. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date offiling this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, SHIRLEY ANN PUGH, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(3) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, SHIRLEY ANN PUGH, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II1- REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY UNDER SECTIONS 3701(3) and 3702 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. Plaintiff is unable to sustain herself during the course of litigation. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and IS unable to sustain herself through appropriate employment. 17. Plaintiff requests the Court to enter an award of spousal support until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff, SHIRLEY ANN PUGH, respectfully requests the Court to enter an award of spousal support until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. Dated: January ~, 2003 Susan Kay Ca Counsel for P intiff P A I.D. # 6499 5021 East Trindle oad, Suite 100 Mechanicsburg PAl 7050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. DATED: !-,,zg-09 ~ UGH (.:) N'f *- -- ~ B ~ --.:l p:: J ~ ~~~ C) C> D . . " D CI) o 9 () ~ ~ ?-.- " ~ 0 c::) r:- L...." ,-' -,.. ~. ,. -- '1 n' -.- ; ", ~ ;.. - I - c~ , " "'0 - 2: ~..~.. ,," '- :,) ..;:..... , " : :::/ - :'J -:: \ 0 -<:.: ~ SHIRLEY ANN PUGH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-509 CIVIL TERM JOHN RUSSELL PUGH, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the /1 -\-\"\ day of _F~~ ' 2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Shirley Ann Pugh, Plaintiff in the above-captioned matter. 3. On February 7,2003, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 000344399277, and addressed to the Defendant, John Russell Pugh, at 282 North Margaret Drive, Marblehead OH 43440. 4. The return receipt card signed by the Defendant, John R. Pugh, showing a date of service of February 12, 2003, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.C.P.403. SWORN TO AND SUBSCRIBED before me, a Notary Public, this Iq~ day of I ~~'\..v. , 2003. ~ ~~>\k, R,~~ Notary Public ~ My Commission Expires:~ I.{ )QOOS [i Notarial Seal Kimberly R. Hanford, Notary Public Mechanlcsburg Bora, Cumberland County My Commission Expires Apr. 4, 2005 j t [ I ,. jr\j . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 3c:h~ ~u.C6et \ f u.~" J6-;). /0D(Th rnOSSC\f6 CX'\ Ue. ~Q ~ b\~ t-e.1A.O- 6ft It:~HLtO RESTRICTED DELIVERY 2. Article Number (Transfer from service label) PS Form 3811, August 2001 A. B. D. Is delivery address different from item 1? If YES, enter delivery addresS below: 3. Service Type ~Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) l{Yes 7001 2510 0003 4439 9277 102595-Q2-M-1035 Domestic Return Receipt Exhibit "A" (') ~ [j)E' ::.:: -c.+ ~:.: r:::c 3>c z(< Pc ~ o SHIRLEY ANN PUGH, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. NO. 03-509 CIVIL TERM JOHN RUSSELL PUGH, DEFENDANT CIVIL ACTION - LAW INVENTORY AND APPRAISEMENT FOR SHIRLEY ANN PUGH Plaintiff, Shirley Ann Pugh, files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff, Shirley Ann Pugh verifies the statements made: herein are true and correct. Plaintiff understands any false statements herein are made subj~~ct to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. sIl' c2~ SHIRLEY ~IiUGH 4i ASSETS OF PARTIES Plaintiff marks on the list below those items applicable 1:0 the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property (X) 2. Motor vehicle(s), Boat () 3. Stocks, Bonds, Securities and Options () 4. Certificates of deposit (X) 5. Checking accounts, cash () 6. Savings accounts, money market and saving ,~ertificates (X) 7. Contents of safe deposit boxes) () 8. Trusts () 9. Life insurance policies, (indicated face value" cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts (X) 12. Inheritance () 13. Patents, Copyrights, Inventions and Royalties (X) 14. Personal property outside the house () 15. Businesses (list all owners, including the percentage of ownership, and officer/director positions held by a party with the company) () 16. Employment termination benefits (severanc,e pay, workman's compensation claim/award) () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryNA. benefits () 23. Education benefits ( ) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other: Disability Settlement LIABILITIES OF PARTIE:~ Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED: (X) 1. Mortgages (Line of Credit on Marital Residence) () 2. Judgements () 3. Liens () 4. Other secured liabilities UNSECURED: (X) 1. Credit card balances (X 2. Purchases () 3. Loan payments () 4. Notes payable () 5. Other unsecured liabilities CONTINGENT OR DEFERRED: () 1. Contracts or Agreements () 2. Promissory notes () 3. Lawsuits () 4. Options () 5. Taxes () 6. Other contingent or deferred liabilities Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. i(2 Dated: May --f,...:J.... 2004 ("-" r" .r\/)~ r: ~ay Candie: , sq Ire Counselfor Plainl(ijft PA LD. # 64998 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 ~. :..--.. (~~ ("~ ::;.. _-;:! C~) 0) '" c:~., e--:) ~ ;;.: C) T' ..... -r :"-11!-;],] nl C" () :.rj , .:... -( ;..~) SHIRLEY ANN PUGH, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBEllU,AND COUNTY, PENNSYLVANIA VS. NO. 03-509 CIVIL TERM JOHN RUSSELL PUGH, DEFENDANT CIVIL ACTION - LAW INCOME AND EXPENSE STATlEMENT OF SHIRLEY ANN PUGE~ Plaintiff, Shirley Ann Pugh, files the following Income and Expense Statement and verifies the statements made herein are true and correct. Plaintiff understands any false statements herein are made subject to the penalties of 18 Pa.C.S. !j4904 relating to unsworn falsification to authorities. 1...> IJ! PJGH INCOME: Employer: Retired Address: Type of Work: Payroll Number: Pay Period: Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security (FICA): State Income Tax: Local Income Tax: Medicare: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Tax Deferred Comp: Fair Share Fee: TOTAL: $ 0.00 OTHER INCOME (MONTHLY): Employment: Interest: Dividends: Pensions: Annuity: Federal Withholding: Savings Bonds: Life Insurance: Credit Union: Social Security: Medicare: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Social Security: TOTAL MONTHLY INCOME: EXPENSES (MONTHLY): HOME: Mortgage: Rent: Utilities: Electric: Gas: Oil: Telephone: Water/Sewer/Garbage Cell Phone: RENTAL: Water/Sewer/Garbage: EMPLOYMENT EXPENSES: Transportation: Lunches: $ $ $ 66.60 514.60 4411.00 200.00 15.00 42.00 TAXES: School: Real Estate: Harrisburg City: Personal: Income: $ 1.00 INSURANCE: Homeowners/Rental: Automobile: Life: Accident: Health: $ 88.00 137.00 AUTOMOBILE: Payments: Fuel: Repairs: Maintenance: Licenses/Registration: State Inspection: 70.00 35,00 10.00 2.00 5.00 MEDICAL: Doctor: Dentist: Hospital: Medicine/Prescription Drugs: 20.00 38.00 PERSONAL: Clothing: Food: BarberIHairdresser: LaundrylDry cleaning: 40.00 100.00 60.00 25.00 Memberships: Bank Charges: Credit Card Payments: Support: 100.00 MISCELLANEOUS: Papers/Books/Magazines: Entertainment: Legal Fees: Family Holiday/Gifts 10.00 224.00 25.00 Charity/Church TOTAL EXPENSES: Total Monthly Income: Total Monthly Expenses Total Monthly Shortfall Dated: May -B.-. 2004 30.00 $1,277.00 $ 448.00 $1,277.00 $ 829.00 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. (~ Sus Kay Ca 0, Ire Counsel for laintiff PALD. #6498 ,/ 5021 East Trindle Road Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 () ~.~ ..:" ..., C:~:l :.~ ~,., o -n ~ fTi ()~ -om "'.){-) ~~~~;> )~ ~~5 :..:i:.h4 , ..\ y~ (,) (.;;:J :.....:.: SHIRLEY ANN PUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-509 CIVIL TERM : CIVIL ACTION - LAW JOHN RUSSELL PUGH, Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Kindly withdraw my appearance on behalf of Plaintiff, Shirley Ann Pugh, in the above- captioned matter. DATED: dJ Ie , Esquire SUSAN CA DIELLO, P.C. 5021 East ind Road, Suite 100 Mechanicsburg, P A 17050 (717) 796-1930 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire, and Beckley & Madden, of Counsel, on behalf of Plaintiff, Shirley Ann Pugh, in the above-captioned matter. DATED: 1;)-;)-flLj Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108-1998 (717) 233-7691 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road, Suite 201 1 Harrisburg, P A 17110 DATED: /)- 3-OCj 0 1'-";' r:; (;;;:) 0 c:::> t~r< ^- r": .s::- .." 0 :~ .. - rTl (J rnfR I :r. rn w )~O " "__' (1 , :'-:')f"' .:::! -j ...", ~ ':'!~~ .........'. 0) c::') fTl '. --I ...< r'\..) 1- :-.:' N --<' , SHIRLEY ANN PUGH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE JOHN RUSSELL PUGH, Defendant :NO. 03-509 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 3, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !j 4904 relating to unsworn falsification to authorities. Dated: I j~'f:'{;P1 ,;J,,~ JdJ) /------ (":' -< ....., :~;'i _;.;.C"l (:) -n r" 1"<:- ''0 -r-; C-, - SHI~Y ANN PUGH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE 63 571'1 :NO. or Gi3n JOHN RUSSELL PUGH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concernmg alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !j 4904 relating to unsworn falsification to authorities. Dated: /J..iH1bx I 2.0 JriJj r"_ ::or:; ::::I ?".' l""'-.J c~ . , SHIRLEY ANN PUGH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE JOHN RUSSElLPUGH, Defendant :NO. 03-509 AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 3, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ( ~ Dated: /thV1~r JJ; Jdl) ~Ll2i Shirley Pugh l' ~:J, ...., .::...,1 ;',~ :.-::j ,-,'j ,",,) f"..-J ,,, ,'..' , . SHIREL Y ANN PUGH, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW : IN DIVORCE 5<)'j :NO. Q1 ~ JOHN RUSSELL PUGH, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Dated: I~ev;h;l JJ; 3ctS' .-"'~ I..' .;o.h ~'.~ r0 -i) - . 03-:P9 , MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into thiSZ~y of O'c~,kv between SHIRLEY ANN PUGH and JOHN RUSSELL PUGH. , 2005, by and RECIT ALS Wife's Birthday and Social Security Number: May28,1934 271-30-4723 Husband's Birthday and Social Security Number: September 9, 1930 298-22-0124 Date of Marriage: June I, 1957 Place of Marriage: Columbus, Ohio Last Marital Residence: 282 Margaret Drive, Marblehead, Ohio 43340 Date of Separation: June 22, 2002 Children: DEBORAH ANN HINCKLEY, born on April 18, 1958 Pending Court Proccedings: None Divorce Court of Common Pleas of No. 03-509 Civil Term Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. ~~~ (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or ... heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall nor be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice ofIntention to Request Entry of Final Divorce Decree at the time of the execution of this Agreement. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Elizabeth S. Beckley, Esquire, for Wife and Lori K. Serratelli, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreeements. WAIVER OR MODIFICATION TO BE IN WRITING CIJ5.1tJP/ No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to HUlll' shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 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. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT fJ This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof" construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE .j[3& Any notice required by this Agreement t~sent to Wife shall be sent by certified mail, return receipt requested, to Elizabeth S. Beckley, Esquire, at Beckley & Madden, 212 North Third Street, P.O. Box 1 ]998, Harrisburg, Pennsylvania 17108-1998, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Lori K. Serrate IIi, Esquire, at Serratelli, Schiffman, Brown & Calhoon, P.c., Suite 201, 2080 Linglestown Road, Harrisburg, Pennsylvania, ]71 ]0-9670, or such other address as Husband from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reverence and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a'defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any terms of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband hereby assigns, conveys and transfers to Wife all of the right, title and interest in and to those items of personal property which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of Wife. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 7 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 2000 Ford Van is titled solely in Husband's name and shall hereafter be th sole and exclusive property of Husband. Wife shall relinquish all right, title and interest in this vehicle. There are no loans on this vehicle. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 1999 Ford Escort is titled solely in Wife's name and shall hereafter be the sole and exclusive property of Wife. Husband shall relinquish all right, title and interest in this vehicle. There are no loans on this vehicle. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. {tI'~ C. The 26' Shamrock boat and trailer are titled solely in Husband's name and shall hereafter be aole and exclusive property of Husband. Wife shall relinquish all right, title and interest in this boat and trailer. There are no loans on this boat and trailer. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this boat and trailer D. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. E. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties had a joint checking and savings account. These accounts have been closed. The parties have divided all the monies in these accounts to their mutual satisfaction. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of the party in possession of them. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. RETIREMENT INTEREST Husband Husband does not have any retirement interests. Wife Wife does not have any retirement interests. 5. MARITAL RESIDENCEmIVISION OF EQUITY Marital ResidenceNalue Husband has requested to keep the marital residence and Wife has agreed. Wife shall receive as her equity in the marital residence the sum of Seventy-Seven Thousand Five Hundred Dollars and No Cents ($77,500.00). Husband shall pay to Wife the sum of Fifty Thousand Dollars and No Cents ($50,000.00) at the time of the execution of this Agreement. Husband will pay to Wife the remaining Twenty-Seven Thousand Five Hundred Dollars and No Cents ($27,500.00) within one (1) year of the date of the execution of this Agreement or upon Husband's refinancing of the marital residence, whichever shall come first. Husband agrees to pay Wife interest at the annual rate of 6% on any remaining unpaid balance owed to Wife under this provision of the parties' agreement. , Husband shall take such actions to cause the Wife's name to be removed from the mortgage on the marital property no later than one (I) year from the date of the execution of this Agreement. Wife agrees to sign a deed transferring her right, title and interest in the marital residence to Husband at the time Husband refinances the mortgage on the marital residence and ,l pays to Wife the remaining Twenty-Seven Thousand Five Hundred Dollars and No Cents ($27 ,500.00) plus the accrued 6% annual interest. Husband shall hereafter be responsible for all taxes, insurance, loans, liens, and mortgages on the marital residence. In the event that Husband dies prior to satisfying his debt to Wife, or, if at the expiration of one year Husband has not satisfied his debt to Wife, the parties agree that the marital residence property will be sold and Wife will be paid first the balance due and owing to her at the time of settlement on the sale including the accrued 6% annual interest prior to Husband, his estate or his creditors receiving any proceeds from the sale of the marital residence. 6. CEMETERY PLOTS The parties jointly own two (2) cemetery plots. Wife has agreed Husband may keep the parties' two (2) cemetery plots. Wife shall sign any deeds or documents necessary to transfer the ownership of these cemetery plots to Husband. Husband shall hereafter be responsible for all taxes, maintenance and expenses related to these cemetery plots. 9 7. JOINT DEBTS AND LIABILITIES The only joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: Mortgage on the Marital Residence. Husband shall refinance the mortgage on the marital residence, removing Wife's name from the mortgage. Husband shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred, 8. SEP ARA TE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquished and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also included any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to 10 dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. RELEASE OF SUPPORT AND ALIMONY/ ACKNOWLEDGEMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. J1 IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. dj L/4I- SHIRLEY ~ PUGH J WIFE ~ LJ~~( WITNESS , C N2. ~ l L.J ~ De-I COMMONWEALTH OF PENNSYLVANIA ~11tliY1Ad SS: COUNTY OF etJMBERL^ ND-j.; Jwn/ j'l/v On this, the~day of ,~. ,2005, before me, a Notary Public for the Commonwealth of Pennsylvan' ,th u aersigned officer, personally appeared SHIRLEY ANN PUGH known to me (or satisfa ri proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. .,. ,I COMMONWEALTH OF PENNSVLVANIA NOTARIAL SEAL ELIZABETH S. BECKLEY. Notary Public City of Harrisburg, Dauphin County My CommisSIOn ElqIires Marth 17. 2009 12 J+vJc o-t' ~ h;0 COMMONWK^.L TH OF P~NNSYL V.^.MA O++uvJ 4 On this, the oJf day of Oe-Jr2he.r ' 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared I " JOHN RUSSELL PUGH known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. ss: COUNTY OF GUMDERL^.ND IN WITNESS WHEREOF, I have set my hand and notarial sea!. eAi~ W/J~( Notary ~;bliC{) My Commission Expires: CHERYL WIEBER NolaIy Public, State of Ohio My commission expires 04.03.2008 Recorded in Ottawa County 13 EXHIBIT "A" I) Large Roaster (storage upstairs) 2) Large Plastic Bag, filled with Plastic Easter Eggs (storage upstairs) 3) All Easter Baskets (storage upstairs) 4) 30 Cup Coffee Pot (storage upstairs) 5) All Plastic Bowls, Silver Serving Trays, and other Party Items (storage upstairs) 6) All Empty Picture Frames (storage upstairs) 7) 8 Piece China Dish Set, with Serving Pieces (This was Ms. Pugh's parents' dishes and before them her grandparents' dishes.) 8) Beige Tablecloth (Made by Ms. Pugh's Mother.) 9) Christmas Plaid Tablecloth and matching Napkins 10) Small Green Handled Hammer, which Unscrews into a Screw Driver (Given to Ms. Pugh by her Parents) II) Brown Salad Bowl with Six (6) Smaller Matching Bowls (Given to Ms. Pugh by her Parents) 12) Wheelchair 13) Crutches 14) Small White and Purple Vase (Jar) with Lid 15) Six to Seven (6-7) piece Light Blue Round Storage Container Set with Lids 16) Photographs of her family, her parents, her grandparents and other family members 17) One- Half (I /2) of the Photographs of Ms. Pugh's Daughter, Debra 18) Typewritten Story of Ms. Pugh's Father's life 19) Two (2) Drawer File Cabinet with Hanging Folders 20) One (I) of Two (2) Long Pyrex Dishes 21) All of Ms. Pugh's clothing, shoes, coats, boots, and other personal items 22) Double Christmas Album of the Mormon Tabernacle Choir (Given to Ms. Pugh by her Parents) 23) Receipt Books 24) Four (4) Glass Mixing Bowl Set (Blue, Red, Green and Yellow) 25) Survival Travel Bag 26) Telescopic Windshield Scraper 27) Small Green Lamp (Upstairs Bedroom) 28) Six to Eight (6-8) Short Stemmed Clear Glass Fruit Dish/Cups 29) Carrot Peeler 30) Oval Pyrex Deep Carrier Bowl Sets in Carrier Basket (From Ms. Pugh's Mother) 3 I) Brown Round Pyrex Dish with Lid Sets in Carrier Basket (From Ms. Pugh's Mother) 32) Large Round Clear Pyrex Dish with Lid (From Ms. Pugh's Mother) 33) Round Pie Baking Pan (sets under pie pan in oven) 34) Angel Food Cake Pan 35) Bottle Opener with Wooden Handle 36) Banana Hanger 37) Set of three (3) Spring-form Pans 38) All other property which belonged to Ms. Pugh's parents, which Ms. Pugh cannot remember. 14 ~_ '" rj ;:''1 ,,"; f'~i , [ - " " SHIRLEY ANN PUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOHN RUSSELL PUGH, Defendant : NO. 03-509 PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION AND SPOlJSAL SUPPORT/ALIMONY COUNTS TO THE PROTHONOT AR Y: Kindly withdraw the Equitable Distribution and Spousal Support/Alimony counts filed in the above-captioned action. DATED: //~;L~~ Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 (717)233-7691 J " CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 DATED: II- ))--()) 5/( ~tliS. F, C) -q .,.:- r,.. " SHIRLEY ANN PUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 509 CIVIL JOHN RUSSELL PUGH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this elf ~ day of ( J?'tUA"W, 2005, the economic claims raised in the proceedings having been resolved in accordance with a marital property settlement agreement dated October 25, 2005, 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, P J. cc: ~lizabeth S, Beckley Attorney for Plaintiff ~ori K. Serratelli Attorney for Defendant i " S {I : I I ~I,,:! 62 ;J~(' suaz ----------- . . CJj-5:fj , , MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into thiS~y of {Jc~,kv between SHIRLEY ANN PUGH and JOHN RUSSELL PUGH. , 2005, by and RECITALS Wife's Birthday and Social Securily Number: May 28, 1934 271-30-4723 Husband's Birthday and Social Security Number: September 9,1930 298-22-0124 Date of Marriage: June I, 1957 Place of Marriage: Columbus, Ohio c:-..::::' () ," :~ ~-,;., ~T1 "'f':::: .:~ n Last Marital Residence: 282 Margaret Drive, Marblehead, Ohio 43340 r, .', Date of Separation: June 22, 2002 Children: DEBORAH ANN HINCKLEY, born on April 18, 1958 ,r-- ~-n f'v .< Pending Court Proccedings: None Divorce Court of Common Pleas of No. 03-509 Civil Term Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: , PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the ~ 9- other and his. or .. heirs, execu.tors, admi?i.strators, assigns, property and es.tate fro~ any. and ~ all rights, claIms, demands or oblIgatIOns arIsmg out of or by virtue of the mantal relatIOnshIp of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state" commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decre€ are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 . (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 31 05(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall nor be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice oflntention to Request Entry of Final Divorce Decree at the time of the execution of this Agreement. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Elizabeth S. Beckley, Esquire, for Wife and Lori K. Serratelli, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreeements. WAIVER OR MODIFICATION TO BE IN WRITING ......., /"lr/ (,v.50 feY' No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to 11lu,. shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION 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. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereo,- construed as a waiver of strict performance of any other obligations herein. E( SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause 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 her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE 1I13C- Any notice required by this Agreement tcf sent to Wife shall be sent by certified mail, return receipt requested, to Elizabeth S. Beckley, Esquire, at Beckley & Madden, 212 North Third Street, P.O. Box I] 998, Harrisburg, Pennsylvania 17108-1998, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Lori K. Serratelli, Esquire, at Serratelli, Schiffman, Brown & Calhoon, P.c., Suite 20], 2080 Linglestown Road, Harrisburg, Pennsylvania, 17110-9670, or such other address as Husband from time to tirne may designate in writing. 5 , HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reverence and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a'defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any terms of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms ofthis Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 t ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order ofthe Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband hereby assigns, conveys and transfers to Wife all of the right, title and interest in and to those items of personal property which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of Wife. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 7 , 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows; A. The 2000 Ford Van is titled solely in Husband's name and shall hereafter be th sole and exclusive property of Husband. Wife shall relinquish all right, title and interest in this vehicle. There are no loans on this vehicle. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. B. The 1999 Ford Escort is titled solely in Wife's name and shall hereafter be the sole and exclusive property of Wife. Husband shall relinquish all right, title and interest in this vehicle. There are no loans on this vehicle. Wife agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this vehicle. -( tI';- C. The 26' Shamrock boat and trailer are titled solely in Husband's name and shall hereafter be .ole and exclusive property of Husband. Wife shall relinquish all right, title and interest in this boat and trailer. There are no loans on this boat and trailer. Husband agrees to be solely responsible for all taxes, insurance, liens and encumbrances upon this boat and trailer D. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. E. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS The parties had a joint checking and savings account. These accounts have been closed. The parties have divided all the monies in these accounts to their mutual satisfaction. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to these accounts. The funds from these accounts shall hereafter be the sole and exclusive property of the party in possession of them. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. RETIREMENT INTEREST Husband Husband does not have any retirement interests. Wife Wife does not have any retirement interests. 5. MARITAL RESIDENCE/DIVISION OF EQUITY Marital ResidenceNalue Husband has requested to keep the marital residence and Wife has agreed. Wife shall receive as her equity in the marital residence the sum of Seventy-Seven Thousand Five Hundred Dollars and No Cents ($77,500.00). Husband shall pay to Wife the sum of Fifty Thousand Dollars and No Cents ($50,000.00) at the time of the execution of this Agreement. Husband will pay to Wife the remaining Twenty-Seven Thousand Five Hundred Dollars and No Cents ($27,500.00) within one (l) year of the date of the execution of this Agreement or upon Husband's refinancing of the marital residence, whichever shall come first. Husband agrees to pay Wife interest at the annual rate of 6% on any remaining unpaid balance owed to Wife under this provision of the parties' agreement. The parties jointly own two (2) cemetery plots. Wife has agreed Husband may keep the parties' two (2) cemetery plots. Wife shall sign any deeds or documents necessary to transfer the ownership of these cemetery plots to Husband. Husband shall hereafter be responsible for all taxes, maintenance and expenses related to these cernetery plots, 9 ~ 7. JOINT DEBTS AND LIABILITIES The only joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: Mortgage on the Marital Residence. Husband shall refinance the mortgage on the marital residence, removing Wife's name from the mortgage. Husband shall be responsible for all mortgages, loans, liens, taxes, and insurance on the marital residence. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 8. SEP ARA TE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquished and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also included any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to 10 -. dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. RELEASE OF SUPPORT AND ALIMONY/ ACKNOWLEDGEMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and rnaintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. II. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Eacb of tbe parties bas carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. II IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. sn iL!dI- SHIRLEY r PUGH ' WIFE ~~ lJ lt~( WITNESS '-- C ~~ \ VJ ~ De.r COMMONWEALTH OF PENNSYLVANIA ~I I SS: COUNTY OF CUMBERLi'_NO:,j.,t JIAPI!Jt/l/ On this, the~day of ~ ;; ,2005, before me, a Notary Public for the Commonwealth ofPennsylvani,a:th u aersigned officer, personally appeared SHIRLEY ANN PUGH known to me (or satisfa ori proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, 1 have set my hand and notarial sea). COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ELIZABETH s. BECKLEY, NO~8ry Public City of Harrisbur~, Dauphin County My Commission Expires March 17. 2009 12 .' I J-+uJc o-t ~hiu COMMONWE;\L TW OF PIl.t>I1>ISYl. '.'I.NI.^. COUNTY OF GUMDERL'.ND of-f-o.l,J 4 On this, the ;;!{ day of Oeitlhe.f ' 2005, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared.R~ JOHN RUSSELL PUGH known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. SS: IN WITNESS WHEREOF, I have set my hand and notarial seal. e~ CJ~bq Notary p~ My Commission Expires: CHERVL WIEBER Notary Public, State of Ohio My commission expires 04.03-2008 Recomed in Ottawa County ]3 , . " EXHIBIT "A" I) Large Roaster (storage upstairs) 2) Large Plastic Bag, filled with Plastic Easter Eggs (storage upstairs) 3) All Easter Baskels (storage upstairs) 4) 30 Cup Coffee Pot (storage upstairs) 5) All Plastic Bowls, Silver Serving Trays, and other Party Items (storage upstairs) 6) All Empty Picture Frames (storage upstairs) 7) 8 Piece China Dish Set, with Serving Pieces (This was Ms. Pugh's parents' dishes and before them her grandparents' dishes.) 8) Beige Tablecloth (Made by Ms. Pugh's Mother.) 9) Christmas Plaid Tablecloth and matching Napkins 10) Small Green Handled Hammer, which Unscrews into a Screw Driver (Given to Ms. Pugh by her Parents) II) Brown Salad Bowl with Six (6) Smaller Matching Bowls (Given to Ms. Pugh by her Parents) l2) Wheelchair 13) Crutches 14) Small White and Purple Vase (Jar) with Lid 15) Six to Seven (6-7) piece Light Blue Round Storage Container Set with Lids ]6) Photographs of her family, her parents, her grandparents and other family members 17) One-Half (l/2) of the Photographs of Ms. Pugh's Daughter, Debra 18) Typewritten Story of Ms. Pugh's Father's life 19) Two (2) Drawer File Cabinet with Hanging Folders 20) One (l) of Two (2) Long Pyrex Dishes 21) All of Ms. Pugh's clothing, shoes, coats, boots, and other personal items 22) Double Christmas Album of the Mormon Tabernacle Choir (Given to Ms. Pugh by her Parents) 23) Receipt Books 24) Four (4) Glass Mixing Bowl Set (Blue, Red, Green and Yellow) 25) Survival Travel Bag 26) Telescopic Windshield Scraper 27) Small Green Lamp (Upstairs Bedroom) 28) Six to Eight (6-8) Short Stemmed Clear Glass Fruit Dish/Cups 29) Carrot Peeler 30) Oval Pyrex Deep Carrier Bowl Sets in Carrier Basket (From Ms. Pugh's Mother) 31) Brown Round Pyrex Dish with Lid Sets in Carrier Basket (From Ms. Pugh's Mother) 32) Large Round Clear Pyrex Dish with Lid (From Ms. Pugh's Mother) 33) Round Pie Baking Pan (sets under pie pan in oven) 34) Angel Food Cake Pan 35) Bottle Opener with Wooden Handle 36) Banana Hanger 37) Set of three (3) Spring-form Pans 38) All other property which belonged to Ms. Pugh's parents, which Ms. Pugh cannot remember. 14 SHIRLEY ANN PUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE JOHN RUSSELL PUGH, Defendant : NO. 03-509 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was scrved on John Russell Pugh, on February] 2,2003, by ccrtified mail. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff on November 22,2005; by defcndant on Novcmher 22,2005. 4. Related claims pcnding: None. 5. (a) Datc plaintiffs Waiver of Notice November 22. 2005, and it is being filed contemporaneously herewith. (b) Date defendant's Waiver of Notice November 22, 2005, and it is being filed contemporaneously herewith. DATED: JI-)-~--()'j Respcctfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 (717)233-7691 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, P A 17110 DATED: /1- J-;)-o) r-.;) Co::, t::-::r; C) -11 a ,'.'-j c'J u-; ~, f",) (:) CJ AND +++~~++++++++++++.+++++++++.++++++++++++++++++++++++++++++++++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. .~.~~. '+' +. +. +. +.:+: + + +. +.:+::+ '+' '+: 'f +. +. +:+:+ +. Of + + +.:+ '+ +.:+ Of + +::+::+ '+' + + +. +.:+ '+ + +.:+: +. +:+ + +.:+ + + Of:+; '+' + +:+ +:+.+ .+ + +. :+: :+: + :+; + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++ + :+ :+ +. :+; :+ '+' :+ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY SHIRLEY ANN PUGH, PENNA. STATE OF No. 03-509 Plaintiff VERSUS JOHN RUSSELL PUGH, Defendant DECREE IN DIVORCE e::r 3. '0 S" /" ;11/ ~ ~ 2005 IT IS ORDERED AND AND NOW, SHIRLEY ANN PUGH , PLAINTIFF. DECREED THAT JOHN RUSSELL PUGH , 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 The ~1arital Property Settlenent Agreement between the parties shall be incorporated into the final decree fo enforcenent, but shall not merge with the final Decree i Am~ PROTHONOTARY J. -??7~~~ z /~~ S&1-1:/'q @ ~ p ;z. ~-~/ ;P{J 51? '(y. cr . '.. ( , . '., ~ c...