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Home My WebLink About03-1400 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYL VANIA TINA J. LUMADUE, PLAINTIFF, Civil Action---Divorce Docket No. D~ -1466 (}l c., L (' 'En..."., V. WILLIAM J. LUMADUE, JR., DEFENDANT, NOTICE TO DEFEND AND CLAIM OF RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LA WYER'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 BAR ASSOCIATION 2 LIBERTY A VENUE Carlisle, Pennsylvania 171 01 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA TINA J. LUMADUE, PLAINTIFF, Civil Action---Divorce Docket No. vs. WILLIAM J. LUMADUE, JR., DEFENDANT A VISO PARA DEFENDER Y RECLAMAR DERECHOS US TED HA sma DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA 0 LLAME A LOFFICINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TEN CIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 ". AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301 (c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301 (d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYL VANIA TINA J. LUMADUE, PLAINTIFF Civil Action---Divorce Case Number VS. WILLIAM J. LUMADUE, JR., DEFENDANT COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Tina J. Lumadue, an adult individual, sui juris and who currently resides at 625 West Main Street, Mechanicsburg 17055 in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is William J. Lumadue, Jr., an adult individual, sui juris, who currently ~p f..c)t!:.~rz.lr;ttG- ~~, f:lVo/c- / -fA I ")Q.;L.) resides at , 18GQ.n~i<.lsl:n:irg l~ in the County of Cumberland, Commonwealth of fc^- ~ ~ Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months immediately preceding the filing of this complaint. 4. The parties were married on the 3rd day of June, of 2000, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors' Civil Relief Act of The Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been separated in the month of December 2000. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children born within or outside of the marrIage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13, The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. COUNT II COMPLAINT FOR ALIMONY-ALIMONY PENDENTE LITE 14. The averments of paragraphs 1 thru 13 of Count I are incorporated herein by direct reference thereto as if set forth hereinafter. ". 15. Plaintiff, Tina Lumadue lacks sufficient income and resources to provide for her Reasonable needs and is unable to maintain the standard of living in the absence of financial support for which she has become accustomed during her marriage to the defendant. 16. Defendant, has sufficient income derived from his full time employment, which substantially exceeds that of plaintiffs income. WHEREFORE, Plaintiff prays this Honorable Court grant her permanent alimony, ALIMONY PENDENTE LITE 18. The averments of paragraphs 1 through 16 of Count I and II ofthis Complaint are Incorporated herein as if set forth verbatim. 19. Plaintiff, is in need of alimony during the pendancy of this divorce proceeding due to the disparity as in the levels of income as between the parties, with defendant receiving substantially greater income than plaintiff. 20. Plaintiff anticipates incurring legal fees and expenses related to the continuation of this action and will be therefore required to pay the required and necessary legal expenses and costs required to pursue her legal claims and/or assert her defenses to the same and as such is in need of financial support. 21. Plaintiff, heretofore has incurred the amount of $700.00 dollars in counsel fees relative to this divorce proceeding and will incur additional expense during its pendancy up until its conclusion. WHEREFORE, Plaintiff prays that this Honorable Court grant her alimony pendente . . ". ", lite and award her counsel fees and expenses relative to all stages of this proceeding. COUNT III PETITION FOR EQUITABLE DIVISION. DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 23.. The averments of paragraph I through 21 of Count I, II, are incorporated herein by direct references thereto as if set forth verbatim. 24. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 ofthe 1980 Divorce Code. 25. Such marital property includes real and personal property as well as other intangile property thought to exist, including but not limited to pensions, bank accounts, stocks, bonds, etc. 26, Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: " (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. GREGORYS.HAZLETT ATTORNE ATLAW VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa c.s. & 4904, relating to unsworn falsification to authorities. Date: tdtf. ~ ~ () \l: -i Y' ~ cg ;p. fc ---uta o~ ff :~ . ~ ~ C' 0 ~c; ;.';; Q ~ ~ ~ p:! ~~ g ~,q v lU r fi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEAL TH OF PENNSYL VANIA TINA J. LUMADUE, Plaintiff/ Petitioner Civil Action----Divorce No. 03-1400 VS. WILLIAM J. LUMADUE, JR., Defendant/Respondent PETITION FOR ALIMONY PENDENTE LITE AND REQUEST TO CONDUCT CONFERENCE NOW COMES, Tina J. Lumadue, Plaintiff/Petitioner, by and through her attorney, Gregory S. Hazlett, Esquire of and avers as follows: 1. Petitioner is Tina J. Lumadue, who resides at 625 West Main Street, Mechanicsburg PA17055. 2. Respondent, is William J. Lumadue, Jr., 6990 Wertzville Road Enola P A. 17025 3, Petitioner and Respondent were married on the 3rd day of June 2000. 4. Petitioner is the biological parent of one minor child, and respondent is the non- biological step-parent born October 31 1983. 5. On the 19th day of October 2000 the Respondent filed a Complaint in Divorce under 3301 (c) and 3301 (d) of the Divorce Code. 7. On the 3RD day of March 2003 the Petitioner filed a Complaint in Divorce under 3301 (c) & (d) of the Divorce Code wherein petitioner incorporated a Count for Alimony Pendente Lite. 8. Plaintiff, is in need of alimony during the Alimony Pendente Lite during the pendancy of this divorce proceeding due to the disparity as in the levels of income as between the parties, with defendant receiving a consistent level of income which exceeds that of plaintiff's. 9. Plaintiff is currently indebted to the Internal Revenue Service for several thousand dollars a consequence of defendant's refusal to file a Joint Income tax return with plaintiff despite earlier representations to plaintiff that they would file joint tax returns to minimize or altogether eliminate any debts owing to the government for federal, state, and local income taxes. 10. Plaintiff has limited financial resources to fulfill her financial obligations due to the unpredictable and volatile nature of her income which is derived from a sole proprietorship, in the absence of financial support from the defendant husband. 11. Plaintiff anticipates incurring legal fees and expenses related to the continuation of this action and will be therefore required to pay the required and necessary legal expenses and costs required to pursue her legal claims and/or assert her defenses to the same and as such is in need of financial support. . . WHEREFORE, Plaintiff prays that this Honorable Court grant her alimony pendente lite and award her counsel fees and expenses relative to all stages ofthis proceeding and schedule a Conference to determine the amount and .duration of support. Dated: LJ I;) .3 Jo ~ II , - GREGORY S. HAZLETT ATTORNEY AT LAW . . VERIFICATION I verify that upon personal knowledge or information and belief that the statements Made in the Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa c.s. & 4904, relating to unsworn falsification to authorities Date: !/ -/?I-o 3 ~' } VJ?"~ A h,;!)td~ Tina Lumadue, Plaintiff o r,~' L' ,-.-, '-'I i ~~i (j, -~- S~~ ~ ~~ ~~ .......1 r~~ "'-L,. '-"~ (', ---<") -( ......2 TINA J. LUMADUE, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE WILLIAM J. LUMADUE, JR., Defendant/Respondent NO. 2003-1400 CIVIL TERM IN DIVORCE Pacses# 062105498 ORDER OF COURT AND NOW, this 20th day of May, 2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on June 17. 2003 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11~ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge f} lM!!!:::::rr- ./ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Petitioner < Respondent Gregory Hazlett, Esquire Philip Spare, Esquire Mail copies on 5-20-03 to: Date of Order: May 20, 2003 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 o L--I (, C) ~.; I:Ju G:"':r. ~" ~'- r::::.' ....._~~ ~:2~ s;-: ,.~; (.- l""'~ l::':'. ...~. ":r "1,.,"\ lC; In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TINA J. LUMADUE ) Docket Number 03-1400 CIVIL Plaintiff ) VS. ) PACSES Case Number 062105498 WILLIAM J. LUMADUE JR ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 18TH DAY OF JUNE, 2003 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or W Other ALIMONY PENDENTE LITE filed on MAY 16, 2003 in the above captioned matter is dismissed without prejudice due to: THE PENNSYLVANIA STATE GUIDELINES NOT CALCULATING AN APL AWARD AS THE PARTIES' NET INCOMES ARE COMPARABLE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Grego:ry Hazlett. Esquire Philip spare. Esquire BY THE COURT: JUDGE Edward E. Guido 1 .....~;. ','!.'~. ~iL':Mai Lt.'~Lj~Q;j I. -/7-03 Service Type M Form OE-506 Worker ID 21005 ()/(/G () ~ "\Jf:le nj" ~::::," L~f (J-, -/' ~[i :' .. C. ,:.7!.-nt'-ieC.1 C) c.) '- C) -Jl IL <~-: (j, NUUUTALSETTLEMENTAGREEMENT BY AND BETWEEN TINA J. LUMADUE AND WILLIAM J. LUMADUE, JR. John J, Connelly, Jr., Esquire JAMES, SMITH, DIEITERICK & CONNELLY LLP p,O, Box 650 Hershey, P A 17033 Telephone: (717) 234-2616 Counsel for Tina J. Lumadue Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE 44 West Main Street Mechanicsburg, P A 17055 Telephone: (717) 697-8528 Counsel for William 1. Lumadue, Jr. ~TALSETTLEMENTAGREEMENT TIDS AGREEMENT, made this 16 ,..1 day of ;)d'JR1 L , 2004 by and between WILLIAM J. LUMADUE, JR., of Cumberland County, Pennsylvania, and TINA J, LUMADUE, of Cumberland County, Pennsylvania, WITNESSETH: WHEREAS, William J, Lumadue, Jr. (hereinafter called "Husband") currently resides at 6790 Wertzville road, Enola, Cumberland County, Pennsylvania 17025; WHEREAS, Tina J. Lumadue (hereinafter called "Wife") currently resides at 625 West Main Street, Mechanicsburg, Cumberland County Pennsylvania 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 3,2000; WHEREAS, 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 settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart, Each shall be free from all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, 1 profession or employment which to him or her may seem advisable, Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any marrner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, Husband has secured legal advice from Philip H, Spare, Esquire, his counsel, and Wife has secured legal advice from John J. Connelly, Jr., Esquire, her counsel. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement aclmowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs ofJitigation, 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, Each of the parties further acknowledges that he or she has 2 had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction, The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each party agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation, Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them, Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution oftheirmaniage, Wife has filed a divorce action indexed to no, 03-1400 Civil Term in the Court of Common Pleas, Cumberland County, Pennsylvania. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Wife may finalize the divorce action in a timely fashion. Any other documents necessary to finalize the divorce shall be executed by the parties upon request. Upon completion of the divorce action, counsel for Wife 3 shall supply counsel for Husband with a copy of the Decree, 5. EQUITABLE DISTRIBUTION. A. Real Estate The parties previously sold their joint real estate located at 13 Keystone Drive, Mechanicsburg, Pennsylvania and have divided the proceeds to their mutual satisfaction. B. FurnisIDnl!s and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewell)', rugs, carpets, household appliances and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. (1) Husband shall retain as his sole and separate property, the GMC Typhoon acquired by Husband prior to marriage, (2) Wife shall retain as her sole and separate property, the 1995 BMW 325i currently titled in Wife's name individually. Wife has transferred to her name individually the Members 1" Federal Credit Union car loan, Wife shall indemnify and hold Husband harmless regarding the said loan. D. Pension and Retirement Benefits. Each party shall retain as their sole and separate property, any pension or retirement benefits in their name individually, E. Bank Accounts. Any bank accounts held by the parties during the marriage have been divided to their mutual satisfaction. F. Business Interests: Wife opened, during the marriage, a business known as Arvoni Hair Designs located at 6483 Carlisle Pike, Mechanicsburg, Pennsylvania. Wife shall 4 retain that asset as her sole and separate property and shall indemnifY and hold Husband harmless regarding any obligations for that asset. G. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. H. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. I. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband, J. Marital Debt. All marital debts of the parties have been paid either through the distribution of the proceeds from the sale of their marital residence or by each party individually, The only potential remaining marital debt is an alleged obligation which may be clairned by Martin's Appliance, The parties do not recognize that claim and will cooperate with one another to dispute such a claim if necessary. In the event Martin's Appliance asserts a right to be paid and is successful in obtaining a judgment or the parties decide to settle the case, the 5 parties will share equally in the responsibility for that amount. In the event such a judgment would be collected from either of the parties individually, each party shall indemnifY and hold the other harmless to the extent of that individual party's obligation under this paragraph, K. Liabilitv not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property harmless from any and all debts, obligations and liabilities, L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability, Each party hereby agrees to 6 indemnifY, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof, 6. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, 7. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party, 8. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to 93502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and 7 forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future, The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other, Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes, B. 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 party may have or at any time hereafter has 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 and obligations arising under this Agreement or for the breach of any of its provisions, Neither party shall have any obligation to the other not expressly set forth herein, C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or 8 obligations arising out of or by virtue of the marital relationship of the parties 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 or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D, 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 the 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. 9. PRESERVATION OF RECORDS.' Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits, 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way, 12. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, The non-breaching party shall be entitled to 9 recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested, Notice to Husband will be sufficient if made or addressed to the following: William J. Lumadue, Jr. 6790 Wertzville Road Enola, PAl 7025 and to Wife, ifmade or addressed to the following: Tina J. Lumadue 625 West Main Street Mechanicsburg, P A 17055 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph, 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 10 17. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date, 18. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation, This Agreement also shall continue in full force and effect in the event of the parties' divorce, There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void, 19. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute 11 part of this Agreement nor shall they affect its meaning, construction or effect. 20. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 21. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties, 22. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to 11 the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure, 23. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. f2fl~ William , ~ adue, Jr. ssQ~ " 1/". < ,1 l.,</ ...-.../ / /---- I I- .7ld. /-/ Tina J. Lwnadue/ v' ~J..t / II "je..( 12 C) c ...- LJ "'" c:-. C:...;.l ..C- (-) -n ::;j f"i"-; ",} ~'J >, TINA J. LUMADUE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 03 -1400 CIVIL TERM WILLIAM J, LUMADUE, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2003. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of Notice oflntention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 concerning alimony, division of property, lawyer's fees or expenses ifl 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904, relating to unsworn falsification to authorities, Date: 1-N-()Jf / ./ L",/ A IJ J '/.- .-/ -'-~ /' /{,..C'c1/' /_tm Tina J, Lumadueriff ~~ TINA 1. LUMADUE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v, : NO. 03 -1400 CIVIL TERM WILLIAM 1. LUMADUE, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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 of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORcE DECREE UNDER~3301(c) OF THE DNORcE CODE I, I consent to the entry of a final Decree of Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses i[l 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 veritY that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A 94904, relating to unsworn falsification to authorities, Date: 1 ft/o y .ft';J~ , r" Defendant TINA J. LUMADUE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 03 -1400 CIVIL TERM WILLIAM J. LUMADUE, JR., DEFENDANT : CML ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) () 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: April 23, 2003 by Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: April 19, 2004; Defendant: April 16, 2004. (b) (I) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated April 16, 2004. 5. Date and manner of service of Notice ofIntention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: April 19, 2004; by Defendant: April 16, 2004. and, date of filing of the Waiver of Notice ofIntention to Request Entry of a Divorce Decree: Both the Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. JAMES, SMITH, DIETTERRICK & CONNELLY LLP Date: ~ \ \ 9 ~ oy . . " , 1f. :+. ;+; Of. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TINA J. LUMADUE, Plaintiff No. 03 - 1400 CIVIL TERM Ve:RSUS WILLIAM J. LUMADUE, JR., Defendant DECREE IN DIVORCE AND NOW, ~;r( o:r7.'I(G..~ . ;}OC'! , IT IS ORDERe:D AND DECREED THAT Tina J. Lumadue , PLAINTIFF, AND William J. Lumadue, Jr. , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . The attached Marital Settlement Agreement dated April 16, 2004 ; . . . 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 is hereby incorporated, into this Decree in Divor B ATTEST: /1 {~ r J. PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~6-~~;z ~ '7?~t; /'1/ 02/' ~/ -&n?''7 ,.P..yr-,:!:..> L!/ 7 };.,-, /,(7' 0[.';"., F /f/--- T / {/ ~/ ,,, ~ r" : 7/ TINA J. LUMADUE, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03 - 1400 CIVIL TERM WILLIAM J. LUMADUE, JR., DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her former name of Tina J. Conley and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.A. 9704(a). DATED: -;;-/-oS- / . I ( Tina J. Lumadue ( i TO."ZE KNOW. AS. . / 7 V !. ... / ) // 1/24 L~f) IU ( Tina J. Conley (/ , Sworn to and subscribed before me this / ')t: day ofllJM~h ,2005. ~~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary J. Goulfer, Notary Public SilV€r Spring Twp.. Cumberland Counly My Commission Expires Nov. 17.2007 Mpmb()( p~,,;';!.ylv8nIA ASSOCiation Of Notaries ~ () ~ ~ :--:i C> () -- tJ r (' - () -c: -.a ~ - -t .~1 ~ ',,' . , .') C