HomeMy WebLinkAbout99-06314i
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF -? a PENNA.
o ?In,
YW??
GARY SHUMAN,
PLAINTIFF
No. 99-6314
VERSUS
DEFENDANT
DECREE IN
DIVORCE f S':Z7f
LA A ;00
20 IT IS ORDERED AND
AND NOW,
it w
DECREED THAT GARY S N PLAINTIFF,
AND TRUDY SHUMAN 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 Marital Settlement Agreement, dated January 14, 2002, is incorporated
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
17171 2382200 • • FAX 17171 2389280
9-
MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, made this day of• , 200+ by and
between Gary A. Shuman, hereinafter referred to as "Husband", and Trudy Lynn Shuman,
hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on November 25,1988;
and
WHEREAS, certain differences arose between the parties as a result of which
they separated on January 29, 1999, and now live separate and apart from one another,
and are desirous of settling fully and finally their respective financial and property rights and
obligations as between each other, Including, without limitation by specification: the settling
of all matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any
and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual
responsibilities and rights growing out of the marriage relationship any provisions of prior
agreement between them to the contrary notwithstanding; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife, by
her attorney, John Connelly, Esquire, have come to the following agreement,
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
(rs (Initials) ' ??-(Initials)
1. SEPARATION:
It shall be lawful for each party at all times hereafter to live separate
and apart from the other as such place or places as he or she may from time to time
choose or deem fit.
2. INTERFERENCE:
Each party shall be free from interference, authority and contact by the
other, as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall harass the other nor
endeavor to molest the other, nor compel the other to cohabit with the other nor in any way
malign the other, nor in any way interfere with the peaceful existence, separate and apart
from the other in all respects as if he or she were single and unmarried.
3. WIFE'S DEBTS:
Other than the debts Indicated in Paragraph 5 below Wife represents
and warrants to Husband that since January 29, 1999, she has not, and in the future, she
will not, contract or incur any debt or liability for which Husband or his estate might be
responsible and shall Indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Other than the debts indicated in Paragraph 5 below, Husband
represents and warrants to Wife that since January 29, 1999, he has not, and in the future
he will not, contract or Incur any debt or liability for which Wife or her estate might be
responsible and shall Indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. OUTSTANDING MARITAL DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife Incurred prior to the
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signing of this agreement, except as follows:
DESCRIPTION AMOUNT.
A. Mortgage Box 123 F Loysville $21.000
B. Ford Car Loan $14,000
PERSON(S) NOW
RESPONSIBLE
H+W
W
The parties agree that Husband shall hereafter be responsible for paying debt
A above and Wife shall be responsible for paying debt B.
Each party agrees to pay the outstanding joint debts as allocated and further
agrees to Indemnify and save harmless the other from any liability for such debts or
obligations.
In the event that either party contracted or incurred any debts, other than
those specifically identified herein since January 29, 1999, the party who Incurred the debt
shall be responsible for its payment regardless of the name in which the account may have
been charged and agrees to indemnify and hold harmless the other for any liability for such
debts.
6. MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for an equitable distribution of their marital property in accordance with
the Divorce Code of 1980. Subject to the provisions of this agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and his or her
heirs, legal representatives, executors, administrators and assigns, release and discharge
the other of and from all causes of action, claims, rights or demands whatsoever in law or
equity, which either of the parties ever had or now has against the other, except any or all
cause or causes of action for divorce and except in any or all causes of action for breach
of any provisions of this Agreement. Each party also waives his or her right to request
marital counseling pursuant to 23 Pa.C.S.A. Section 3302.
6.5 (Initials) Swo rr _(initials)
3
7. EQUITABLE DISTRIBUTION.
A. Wife has transferred to Husband all of her Interest in and title
to their jointly owned real estate at RD #1, Box 123 F, Loysville, Pennsylvania subject to
the mortgage of approximately $21,000 (refinanced and now approximately $70,000) given
to Waterfied Financial, in exchange for which Husband agreed to be solely responsible for
the payment of all future mortgage payments, taxes, Insurances and utility bills relative to
said real estate. Husband covenants and agrees to pay and discharge the existing
mortgage obligation or other lien or obligation regarding said premises and agrees to
indemnify Wife from any loss by reason of any default in payment and agrees to save Wife
harmless from any future liability with regard thereto.
(1) Husband is the sole owner of any and all homeowner's policies,
title policies and any other policy of insurance with respect to the real estate and is entitled
to receive any payments now or hereafter due under such insurance policies.
(2) Wife acknowledges the receipt from Husband of the sum of
$49,000 for her interest in the real estate and in satisfaction of other claims for equitable
distribution.
B. Contents of The Former Marital Residence:
As of the date of the execution of this Agreement, Wife shall set
over, transfer and assign to Husband all of her right, title, claim and interest in and to the
furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the
former marital residence, except these items which Husband shall deliver to Wife prior to
or upon signing of this agreement: with the exception of a blue sponge pie plate owned by
Tina Cekovic, two Christmas plates and a shoe box containing high school mementos.
C. Contents of Wife's Residence:
As of the date of the execution of this Agreement, Husband shall
set over, transfer and assign to Wife all of his right, title, claim and interest in and to the
furniture, furnishings, fixtures, goods, appliances, equipment and personal items within
Wife's residence.
G (Initials) -0 ) (Initials)
4
D. Motor Vehicles:
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
(1) Husband shall retain the 1989 Chevy Automobile.
(2) Wife shall retain the 1998 Ford Explorer.
(3) All automobile titles and Insurance policies will be
corrected to reflect the ownership of each vehicle.
E. Individual Retirement Accounts, Pensions And
Employment Benefits:
Each party shall retain sole ownership and control of their IRA's,
Pensions and Employment benefits. Specifically, Wife shall retain her 401 k and pension
and Husband shall retain his pension and 401 k.
F. Joint Bank and Charge Accounts:
All joint bank and charge accounts, credit card accounts and
any other joint accounts shall be terminated and each party shall take those steps
necessary to have the other removed as a responsible party from any such account. Wife
shall retain all of the current balances in her current savings and checking accounts.
G. Property to Wife:
The parties agree that Wife shall own, posses, and enjoy free
from any claims of Husband, the property awarded to her by the terms of this Agreement.
Husband hereby quitclaims, assigns and conveys to Wife all such property 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.
H. Property to Husband:
The parties agree that Husband shall own, possess, and enjoy
free from any claims of Wife, the property awarded to her by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such property together with
6.5 (Inilials) M S_(Initials)
a 5
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.
1. Miscellaneous Property:
All property not specifically addressed herein shall hereafter 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.
J. Tax Liability.
The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each party promises not
to take any position with respect to the adjusted basis of the property assigned t him or her
with respect to any other Issue which is inconsistent with the position set forth in the
preceding sentence on his or her Federal or State income tax returns.
8. LIFE INSURANCE:
Each party shall continue to own any life insurance policies currently
in effect, without restriction as to the designation of beneficiaries.
9. ALIMONY:
Both parties mutually waive all support, alimony and maintenance of
any kind from the other party.
Wife acknowledges and agrees that the provisions of this Agreement
providing for the waiver of alimony to her by her Husband are fair, adequate, and
satisfactory to her and are based upon her actual need, her Husband's ability to pay, the
duration of the parties' marriage and other relevant factors which have been taken into
consideration by the parties. Although the approval of this Agreement by a court of
competent jurisdiction in connection with this action in divorce or annulment filed by
Husband or Wife shall be deemed an order of the court and may be enforced as provided
in 12 Pa.C.S.A. Section 3701, as amended, this Agreement, insofar as it pertains only to
GS (Initials) ??f I]U!?,_(initials)
6
support for Wife and the payment of alimony following the entry of a final Decree in Divorce
between the parties, may not be modified, suspended, terminated, or reinstated at the
Instance of request of the Wife or Husband, or subject to further order of any court upon
changed circumstances of the Wife or Husband of a substantial or continuing nature, or for
any reason claimed by Wife whatsoever. Upon that condition, Wife hereby accepts the
provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all
claims and demands that she may now or hereafter have against Husband or her support
and maintenance of herself and for alimony, and Husband and Wife further voluntarily and
intelligently waives and relinquishes any right to seek a modification, suspension,
termination, reinstitution, or other court order with respect to the terms of this Agreement
pertaining to the payment of support to Wife or the payment of alimony by Husband.
Husband acknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate and
satisfactory to him and are accepted by him in lieu of and in full and final settlement and
satisfaction of any claims or demands that he may now have or hereafter have against the
Wife for support, maintenance or alimony. Husband further voluntarily and intelligently
waives and relinquishes any right to seek from the Wife any payment for support or
alimony.
10. HEALTH INSURANCE:
Each party shall be responsible for their own heath Insurance and for any uninsured
medical expenses.
11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this
Agreement providing for the equitable distribution of marital property of the parties are fair,
adequate and satisfactory to them. Both parties agree to accept the provisions set forth
In this Agreement In lieu of and in full and final settlement and satisfaction of all claims and
demands that either may now or hereafter have against the other for alimony pendente lite,
counsel fees or expenses or any other provision for their support and maintenance before,
G•S (initials) --I -4-4,44wV.L? 5 (initials)
7
during and after the commencement of the proceedings for divorce or annulment between
the parties.
12. INCOME TAX RETURNS:
The parties have heretofore filed joint federal and state tax returns.
Both parties agree that In the event any deficiency in federal, state or local Income tax is
proposed, or any assessment of any such tax is made against either of them, each will
Indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense Incurred in connection therewith. Such
tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
finally determined to be responsible for the actions, misrepresentations or failures to
disclose separate income resulting in tax liability. The parties filed separately in 1999 and
2000 and shall file separately thereafter.
13. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his or
her property in any way, and each party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, Including without limitation, dower, curtsey, statutory allowance, widow's
allowance, right to take intestacy, right to take against the will of the other, and right to act
as administrator or executor of the other's estate. Each will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims and both parties will revoke prior wills or testamentary documents.
14. AGREEMENT NOT PREDICATED ON DIVORCE:
It is specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other, that
the execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for institution, prosecution, defense, or for the non-prosecution or non-
G.5 (Initials) q uxfk,*u _M- (Initials)
t3
defense of any action for divorce; provided, however, that nothing contained in this
Agreement shall prevent or preclude either of the parties hereto from commencing,
instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon
just, legal and proper grounds; nor to prevent either party from defending any such action
which has been, may or shall be instituted by the other party, or from making any just or
proper defense thereto. It is warranted, covenanted and represented by Husband and
Wife, each to the other, that this Agreement Is lawful and enforceable and this warranty,
covenant and representation is made for the specific purpose of inducing Husband and
Wife to execute this Agreement. Husband and Wife each knowingly and understandingly
hereby waives any and all possible claims that this agreement is, for any reason Illegal or
for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do
hereby warrant, covenant and agree that, in any possible event, he and she are and shall
forever be estopped from asserting any Illegality or unenforceability as to all or any part of
this Agreement.
15. SUBSEQUENT DIVORCE:
Husband at his cost by his counsel has filed an action for divorce under
Section 3301(c) of the Divorce Code.
Simultaneously with the execution of this Agreement, both parties will
execute Affidavits of Consent and Waivers of Notice to enable counsel for Husband to
proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a
duplicate decree.
The parties further agree that each of them shall be responsible for
their own attorney's fees.
The parties shall be bound by the terms of this agreement, which shall
be Incorporated by reference into the Divorce Decree, shall not be merged in such Decree,
but shall in all respects survive the same and be further binding as an enforceable contract,
conclusive upon the parties.
16. BREACH AND ENFORCEMENT:
$ (Initials)
9
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If either party breaches any provision of this Agreement, the other
party shall have the right at his or her election, to sue for damages for such breach, or seek
such other remedies or relief as may be responsible for payment of legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement. Reasonable
interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either Husband
or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement
is brought in Equity by either party, the other party will make no objection on the alleged
ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy
at law. The parties do not Intend or purport hereby to improperly confer jurisdiction on a
Court in Equity by this Agreement, but they agree as provided herein for the forum of equity
In mutual recognition of the present state of the law, and in recognition of the general
jurisdiction of Courts in Equity over agreement such as this one.
B. Notwithstanding anything to the contrary herein, Husband and
Wife may also proceed with an action at law for redress of his or her rights under the terms
of this Agreement, and in such event it is specifically understood and agreed that for and
in specific consideration of the other provisions and covenants of this Agreement, each
shall waive any right to a jury trial so as to expedite the hearing and disposition of such
case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation that either
may sustain, or Incur or become liable for, in any way whatsoever, or shall pay upon, or in
terms or provisions of this Agreement by reason of any of the terms or provisions of this
Agreement by reason of which either party shall be obliged to retain or engage counsel to
initiate or maintain or defend proceedings against the other at law or equity or both in any
way whatsoever, provided that the party who seeks to recover such attorney's fees, and
costs of litigation must first be successful in whole or in part, before there would be any
liability for attorney's fees and costs of litigation. It is the specific agreement and Intent or
the parties that a breaching or wrongdoing party shall bear the burden and obligation of any
.S (Initials) Ja? J L4"L. ??(Initials)
10
and all costs and expenses and counsel fees Incurred by himself or herself as well as the
other party in endeavoring to protect and enforce his or her rights under this Agreement.
17. ADDITIONAL INSTRUMENT.
Each of the parties shall from time to time, at the request of the other,
execute, acknowledge and deliver to the other party any and all further instruments that
may be reasonably required to give full force and effect to the provisions of this Agreement.
18. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been fully
explained to the parties by their respective counsel, and each party acknowledges that the
Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge
of the assets of both parties, and that it is not the result of any duress or undue influence.
The parties acknowledge that they have been furnished with all Information relating to the
financial affairs of the other which has been requested by each of them or by their
respective counsel.
19. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and
there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein. Husband and Wife acknowledge and agree that the provisions
of this Agreement with respect to the distribution and divisions of marital and separate
property are fair, equitable and satisfactory to them based on the length of their marriage
and other relevant factors which have been taken Into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and demands
that they may now have or hereafter have against the other for equitable distribution of their
property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501
aL seq, or any other laws. Husband and Wife each voluntarily and intelligently waive and
relinquish any right to seek a court ordered determination and distribution of marital
property, but nothing herein contained shall constitute a waiver by either party of any rights
to seek the relief of any court for the purpose of enforcing the provisions of this Agreement.
G S (Initials) 7)S (Initials)
11
20. DISCLOSURE:
Husband and Wife represent and warrant to the other that he or she
has made a full and complete disclosure to the other of all assets of any nature whatsoever
in which either party has an Interest, the sources and amount of the Income of such party
of every type whatsoever and of all other relevant and material facts relating to the subject
matter of this Agreement.
21. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only if made In writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance on any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent default
of the same or similar nature.
22. PRIOR AGREEMENT.
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this Agreement
are null and vold and have no effect.
23. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They
have no effect whatsoever in determining the rights or obligations of the parties.
24. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties
hereto that each paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
25. APPLICABLE LAW.
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
G•S (Initials)' t"-L' 12
(Initials)
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26. VOID CLAUSES:
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.
27. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall Inure to the benefit of the
parties hereto and their respective heirs, executors, administrators, successors, and
assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals
the day and year first above written.
6,-5 _(Initials)
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13
Witness Nof•Am.An TW^4-?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF paj?'? SS.
BEFORE ME, the undersigned authority, on this JAN-day of
t% x trua 2002, personally appeared C-PI WI?4LLUVa m known
to me to be the person who executed the foregoing instrument, and who acknowledged to
me that he executed same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS q1-111 day of
D)a UA k4 _, 200y
V Y Wc?ll?? D
_ Notary Public In and for the
NLIE)wSTNih,09 - _ ^ 1 Commonwealth of Pennsylvania
Misty D. LoPubl,L
Harrisburounty
My Cornmissla 2.: L. r t
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF L!/k/
BEFOR5 ME, the undersigned authority, on this A& day of
Q994, personally appeared A &2 , known
t me to bet a person who executed the foregoing instrument, and who acknowledged to
me that helshe executed same for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS LAL41 day of
Q2AjL'jLk -, aea4,aooa.
Q
Notary Public in and for the
Commonwealth of Pennsylvania
NOTARIAL SEAL
Joan L Kosior, Notary Public
City of Hummolstown.County of Dauphin
My Commi+sion Expires Foh 9, 2004
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
17171 238.2200 FAX 17171 238.9280
GARY SHUMAN,
vs.
TRUDY SHUMAN,
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
• NO. 99-8314
' CIVIL ACTION - LAW
Defendant IN DIVORCE
EMECIP_E-TOIRANSMLLBECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of
a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) or
3301(d)(1) of the Divorce Code.
2, Date and manner of service of the complaint: October 28, 1999 via Certified
Mall, Restricted Delivery. Affidavit of Service is attached.
3. Date of execution of the affidavit of consent required by Section 3301(c) of
the Divorce Code:
by plaintiff: January 2, 2002 and filed January 7, 2002
by defendant: January 14, 2002
4. Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary:
by plaintiff: January 7, 2002
by defendant: executed January 14, 2002, to be filed simultaneously with this
Praecipe.
5. Related claims pending: None.
6. Plaintiff and Defendant have signed a Marital Settlement Agreement dated
January 14, 2002.
WHEREFORE, the Court Is requested to enter a Final Decree in Divorce in
compliance with Section 3301(c) of the Divorce CoOe- nd P .C.P. 1920.42(a)(1) and
to incorporate the terms of the Marital Settieme me.1 in a orda ton
301(a)(1) and (4) and 401(b) of the Divorce Co
Edward J. We
Dated: ?' Attorney for Plaintiff
GARY SHUMAN, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99.6314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
?' to
AFFIDAVIT OF SERVICE
1171
COMMONWEALTH OF PENNSYLVANIA 1j
as,
COUNTY OF DAUPHIN
1
AND NOW, this :ki
[: day of ?(L>yC'vl 1I X'T 1999 personally
appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Emily A. Vislocky, who being duly sworn according to law, deposes and says
that on October 27, 1999, she mailed a certified copy of a Complaint in Divorce by
certified mail, restricted delivery, return receipt requested, to the Defendant, Trudy
Shuman, and the same was received by her on October 28, 1999 as indicated by the
return receipt card which is attached hereto.
Emily A. Vislo' ky
Sworn to and subscribed before me
on thistday of I?CVr1)11Jt'r?,
1999.
N6! pry Public
Notarial Soal
(hieenn J. 9tremmel. Notary Public
linrrlaburg, Daupphin County
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GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99.8314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT Op CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on October 15, 1999.
2. The marriage of Plaintiff and Defendant Is irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree In divorce after service of notice
of Intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: r?.L
Trudy Shuma , Defendant
GARY SHUMAN,
Plaintiff
VS.
TRUDY SHUMAN,
Defendant
-, -.1
• IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 99.6314
CIVIL ACTION - LAW
IN DIVORCE
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. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce Is granted.
3. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date:
Trudy Shuman, 'Defendant
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GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99-6314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant • IN DIVORCE .) cJ
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WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cJ`1:
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce Is granted.
3. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date: I Z 1--? A-4 _ J '.C ky t.'
Gary Shu 'n, Plaintiff
GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99.6314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE --
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE ,
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date:
Gary Shurxtan, Plaintiff
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.. s ,! HARRISBURG: PENIN_,SVLVAMA 17110. tN+
(717) 238.2200 FAX (717) 238.9280. °r ty c t
GARY SHUMAN, • IN THE COURT OF COMMON PLEAS
Plaintiff • CUMBERLAND COUNTY, PENNSYLVANIA
ve. NO. y - L ?J % J
TRUDY SHUMAN, • CIVIL ACTION • LAW
Defendant • IN 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. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You
may lose money or property or other rights important to you, including custody or
visitation of your children.
When the ground for 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, Cumberland County Court House, 1
Court House Square, Carlisle, Pennsylvania, 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 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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
GARY SHUMAN,
Plaintiff
vs.
TRUDY SHUMAN,
Defendant
• IN THE COURT OF COMMON PLEAS
• CUMBERLAND COUNTY, PENNSYLVANIA
• NO. qf- 63/ % C iii( Tii,.
• CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER §3301
OF THE DIVORCE CODE
1. Plaintiff is Gary Shuman, who currently resides at RD 1, Box 123 F,
Loysville, Pennsylvania.
2. Defendant is Trudy Shuman, who currently resides at 6225 Stanford
Court, Mechanicsburg, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for a period of more than six (6) months immediately preceding the filing
of this Complaint.
4. The Parties were married on November 25, 1988.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief
Act of the Congress of 1940 and its amendments.
6. There has been no prior action for divorce or annulment instituted by
either of the parties in this or any other jurisdiction.
7. The Plaintiff has been advised that counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate
in counseling.
COUNT 1.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §3301(c) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
9. The marriage of the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of the filing of this
Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff
believes that 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 the filing 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.
REQUEST FOR A NO-FAULT DIVORCE
UNDER §3301(d) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are Incorporated herein by
reference thereto.
12. The marriage of the Parties is irretrievably broken.
13. The parties are living separate and apart and at the appropriate time,
Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart
for at least two years as specified in Section 3301(d) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of
Divorce pursuant to Section 3301(d) of the Divorce Code.
COUNT III.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER 13323, §3501, §3502 and §3503
OF THE DIVORCE CODE
14. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
15. Plaintiff requests the Court to equitably divide, distribute or assign the
martial 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 respectfully requests the Court to enter an order of
equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and
3503 of the Divorce Code.
COUNT IV.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF THE DIVORCE CODE
18. The prior paragraphs of this Complaint are incorporated herein by
reference thereto.
17. The public policy of the Commonwealth of Pennsylvania encourages
parties to a marital dispute to negotiate a settlement of their differences.
18. While no settlement has been reached as of the date of the filing of this
Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable
settlement of all matters with Defendant.
19. To the extent that a written settlement agreement might be entered into
between the parties prior to the time of hearing on this Complaint, Plaintiff desires that
such written agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the parties.
WHEREFORE, if a written settlement agreement is reached between the Parties
prior to the time of hearing on this Complaint, Plaintiff respectfully requests that,
pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such
agreement in the final divorce decree.
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2650 North Third Street
Harrisburg, PA 17110
(717) 238-2200
ID #17441
ATTORNEY FOR PLAINTIFF
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VERIFICATION
I, Gary Shuman, hereby swear and affirm that the facts contained in the
foregoing Complaint for Divorce are true and correct and are made subject to the
penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
Date: 9/g lR K
Gary Shurrkan
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
1717) 2382200 FAX 1717) 2389280 - -
GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plalnllff CUMBERLAND COUNTY,PENNSYLVANIA
va. NO. 99.8314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on October 15, 1999.
2. The marriage of Plaintiff and Defendant Is Irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree in divorce after service of notice
of Intention to request entry of the decree.
I verify that the statements made In this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
Date; Z _ o AA _,c?
Gary S an, Plaintiff
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
17171 2382200 FAX 17171 238 9280
GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99-8314
TRUDY SHUMAN, CIVIL ACTION , LAW
Defendant IN DIVORCE
AEEIDAVIT OF CONSENI
1. A Complaint In Divorce under Section 3301(c) of the Divorce Code was
filed on October 15, 1999.
2. The marriage of Plaintiff and Defendant Is Irretrievably broken and
ninety (90) days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final decree In divorce after service of notice
of Intention to request entry of the decree.
I verify that the statements made In this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
Trudy Shuma6, Defendant
7? N ?
LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG. PENNSYLVANIA 17110
(717) 2382200 FAX 17171 238.9280
GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99-6314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
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. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date: r, Z _ 0 Z/ LLt'L.L.s? -
Gary Shu n, Plaintiff
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LAW OFFICE
EDWARD J. WEINTRAUB
2650 NORTH THIRD STREET
HARRISBURG, PENNSYLVANIA 17110
17171 238.2200 - FAX 17171 238.9280
GARY SHUMAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
VS. NO. 99.6314
TRUDY SHUMAN, CIVIL ACTION - LAW
Defendant IN DIVORCE
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. 1 understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce Is granted.
3. 1 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.
verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: -OA I li, ,d II
Trudy Shuman, efendant
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GARY SHUMAN, • IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA
va. ` NO. 99.8314
TRUDY SHUMAN, • CIVIL ACTION - LAW
Defendant ' IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN : ss.
I.
AND NOW, this b day ofK((vVNyj-) eej " 1999 personally
appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Emily A. Vislocky, who being duly sworn according to law, deposes and says
that on October 27, 1999, she mailed a certified copy of a Complaint In Divorce by
certified mail, restricted delivery, return receipt requested, to the Defendant, Trudy
Shuman, and the same was received by her on October 28, 1999 as indicated by the
return receipt card which is attached hereto.
" 6, v, P
Emily A. Vislo ky
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Sworn to and subscribed before me
on this 10JIday of VL1)1ber-,
1999.
N t ry Public
Notarial Seal
Queen J. Stremmel. Notary Public
Harrisburg, Dauphin County
My CommbOon Ex Tres Oct.2. 2000
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GARY SHUMAN,
Va.
TRUDY SHUMAN,
Plaintiff
Defendant
• IN THE COURT OF COMMON PLEAS
' CUMBERLAND COUNTY,PENNSYLVANIA
• NO. 99-6314
• CIVIL ACTION - LAW
• IN DIVORCE
CERTIFICATE OF SERVICE
I, Emily A.Vislocky, Legal Assistant to Edward J. Weintraub, Esquire,
hereby certify that on October 27, 1999, 1 served a true and correct copy of a
Complaint in Divorce filed on Ortnhpr 1 R 1000 Trudy Shuman, Defendant, by depositing same, postage pre-paid, certified,
restricted delivery, return receipt requested in the United States Mail,
Harrisburg, Pennsylvania, addressed as follows:
Trudy Shuman
6225 Stanford Court
Mechanicsburg, PA 17055
Date: ?t7d
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GARY SIIUMAN,
Plaintiff
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vs. "
•
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 99-6314
TRUDY SIIUMAN, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
CERTIFICATE OF SERVICE
I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify
that on February 12, 2002, I served a true and correct copy of the Divorce Decree and
Marital Settlement Agreement upon John Connelly, Esquire, Counsel for Defendant, by
depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania,
addressed as follows:
John J. Connelly, Jr., Esquire
P.O. Box 650
Hershey, PA 17033
Date: _/0" - U a` _
Misty D. 4eman'
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