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HomeMy WebLinkAbout07-3125MARIBETH BUCHER LUCENTE, PLAINTIFF VS. WARREN RICHARD LUCENTE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. 07 31a,5- CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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 Bar Association 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 MARIBETH BUCHER LUCENTE, PLAINTIFF VS WARREN RICHARD LUCENTE, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA NO. d 7- ?a CIVIL TERM : CIVIL ACTION-LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c)OF THE DIVORCE CODE AND NOW, COMES THE Plaintiff, MARIBETH BUCHER LUCENTE, representing herself, makes the following consolidated complaint in divorce for divorce. Plaintiff is MARIBETH BUCHER LUCENTE, an adult individual, who currently resides at 1 Thyme Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and has resided in Cumberland County for over six (6) months. 2. Defendant is WARREN RICHARD LUCENTE, an adult individual, who currently resides at 1 Thyme Court, Mechanicsburg, Pennsylvania, 17050. 3. Plaintiff has been bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on August 4, 2000. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Plaintiff was never a member of the military service. Defendant was a member of the United States Military Services for two (2) years from August 3 1966 through August 2 1968: however, this was not during the parties' marriage. 9. Plaintiff and Defendant have no children from this marriage. COUNT I-REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an Affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the dates of filing of this Complaint, Plaintiff, MARIBETH BUCHER LUCENTE, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT H REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through I 1 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, MARIBETH BUCHER LUCENTE, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, Dated: May 23 , 2007 Maribeth Bucher Lucente I Thyme Court Mechanicsburg, PA 17050 QQQ ( . W F \1 -Ti C.J a MARIBETH BUCHER LUCENTE, PLAINTIFF VS. WARREN RICHARD LUCENTE DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 07-3125 CIVIL TERM : ACTION FOR DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Dated: , 2007 Respectfully submitted, WARREN RICHARD LUCENTE Defendant i\J , .. _ Uii1 77- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. 0-7 -- 3 1 Z W?P R I C?i? Lk CW?-IN DIVORICE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by ma=king `5c" I / prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Bue, , and gives this 704. written notice avowing his / her intention pursuant to the provisions of 54 lu/v, Date: Z 0 107 `? llLY signature k "j rYl Si name being resumed COMMONWFALTH OF PENNSYLVANIA ) COUNTY OF C.J.) On the day of Wit 2007, before me, the Prothonotary or the notary public, personally appeared tit ve affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Public J"ComfeiWaLTH OF PENNSYLVANIA NOTARIAL SEAL GEORGANN E. KEGG, Nota=ry Public Silver Spring Twp., Cumberland County My Commission Expires Feb. '29, 2008 J l - .i C? MARIBETH BUCHER LUCENTE, Plaintiff V. WARREN R. LUCENTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3125 IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW comes Warren R. Lucente, by and through his counsel, Saidis, Flower and Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 4, 2000 and separated on or about May 23, 2007. 2. Respondent filed a Complaint in Divorce on May 23, 2007 to the captioned case. 3. On March 17, 2009, Petitioner served upon Respondent a Request for Production of Documents and a set of Interrogatories, copies of which are attached hereto as Exhibit "A". 4. When the response to the discovery requests were not forthcoming, on April SAIDIS, LENDS" 26 West High Street Carlisle, PA 20, 2009, counsel for Petitioner wrote Respondent's counsel offering to extend the time for response to May 4, 2009. A copy of the April 20, 2009 letter is attached hereto as Exhibit "B". 5. Responses to the discovery requests are still outstanding. 6. No judge has been assigned to this case. 7. Counsel for Respondent has been advised of Petitioner's intention to file the within Petition and does not agree with the relief requested. 8. Petitioner has to date and, upon information and belief, will continue to expend attorney's fees to obtain the discovery required by the Rules of Civil Procedure. 1 WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why discovery should not be compelled and why Respondent should not pay Petitioner's reasonable attorney's fees incurred in obtaining the discovery requested. SAIDIS, FLOWER & LI Carol J. Lindsay, Wuir Supreme Court ID W. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: May 7, 2009 SAIDIS, FLOWER & LINDSAY ArrofTa'r- uw 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Warren R. Lucente, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindsay, Esqul , attorney Warren R. Lucente FLOWER & LIlVDs" 26 West High Street Carlisle, PA MARIBETH BUCHER LUCENTE, Plaintiff vs. WARREN RICHARD LUCENTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-3125 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS TO: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 PLEASE TAKE NOTICE THAT pursuant to Pa.R.C.P. 4003.3 and 4009, you are required to furnish at our office, on or before thirty (30) days after service hereof, a photostatic copy or like reproduction of the materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attomey/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof: Your most recent paystub. SAIDIS, FLOWER & LINIDSAY ATIORN''M-AT.IAW 26 West High Street Carlisle, PA 2. A copy of all statements for your tax returns or W-2s and 1099s for 2007 and 2008, pension plan, retirement plan, 401(k) statements, deferred compensation plan, employees savings plan, and the like, to include a statement for the month of your marriage, the month of separation and the present. 3. Copies of statements for any and all credit card accounts or other loans which you claim to be marital debt for the month of the marriage, the month of separation and the present. 4. Statements reflecting any and all life insurance policies which you own or have an interest in reflecting the beneficiary, cash value as of the date of marriage, date of separation and present and policy amount. 5. All statements for your checking account, savings account, money market account or any other investment account which you own or have an interest, including a statement for the month of your marriage, the month of separation and the present. 6. A statement reflecting what you believe to be the value of any vehicles in your possession. 7. Any appraisal report or other report listing what you believe to be the value of the personal property which you have in your possession 8. Copies of all monthly statements for all mortgages, loans, lines of credit, etc. that encumber the marital residence, to include a statement for the month of your marriage, the month of separation and the present. 9. A copy of the final Marital Settlement Agreement executed between Maribeth Bucher and Dr. Bucher, divorced January 26, 1999 together with any written modifications or addendums to said Agreement. EXHIBIT "A" 10. Copies of statements reflecting the values for all certificates of deposits and/or IRA accounts in your name, held for your benefit, or over which you have ownership or signature power, including a statement for the month of marriage, the month of separation (May 2007) and presently. SAIDIS, FLOWER -,&-,LI'ND SAY Carol J'. t4ind§ay, Esquire Attorney, ld' =44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: Counsel for Defendant SAIDIS, FLOWER &z LNDSAY ATTUMBB•AT IAR' 26 West High Street Carlisle, PA MARIBETH BUCHER LUCENTE, Plaintiff vs. WARREN RICHARD LUCENTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2007-3125 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE On the day of March, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 SAIDIS, FLOW,,ER',& LINDSAY SAIDIS, FWVVER & LINDSAY ATPORNM-AT.UW 26 West High Street Carlisle, PA Carol J: iridsay, Esquire Attorney Id. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Defendant LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET JOHN E. SLIKE CARLISLE, PENNSYLVANIA 17013 ROBERT C. SAIDIS TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6486 JAMES D. FLOWER, JR EMAIL: attorney@sfl-law.com CAROL J. LINDSAY www.sfl-law.com JOHN B. LAMPI DANIEL L. SULLIVAN DEAN E. REYNOSA THOMAS E. FLOWER. MARYLOU MATAS JASON E. KELSO April 20, 2009 Susan K. Candielio, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 Re: Lucente v. Lucente Dear Susan: CAMP HILL OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE Thirty days have passed and we have not received the Request for Production of Documents or the Answers to Interrogatories propounded on March 17, 2009. 1 expect Maribeth needs a little more time. Would you please be sure that we have the discovery responses by May 4? Thank you for your help. Very truly yours, SAIDIS, FLOWER & LINDSAY j: Carol J. Lindsay, Esquire CJL/bes cc: Warren Lucente EXHIBIT "B" CERTIFICATE OF SERVICE On the q day of May, 2009, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Susan K. Candiello, Esquire 4010 Glenfinnan Place Mechanicsburg, PA 17055 SAIDIS, FLOWER & LI Carol J. Lindsay, qu e Supreme Court ID-Ner 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY AT77Evs•Ar uw 26 West High Street Carlisle, PA FILED-OF 'CF CF THE P r,,THnr.,T?TkGtv 2009 MAY -7 Pit :3= 23 MARIBETH BUCHER LUCENTE, Plaintiff V. WARREN R. LUCENTE, Defendant MAY 0 0 2009 !t*e„ n 7 ^n.^ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3125 IN DIVORCE ORDER OF COURT AND NOW, this loz day of , 2009, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable at ah set for the s day of 2009 in Court room number 11 of the Courthouse in Carlisle, Pennsylvania at O o'clock -M. BY THE COURT, SAIDIS, FLO LENDS Y& 26 West High Street Carlisle, PA C\j +i ` J MARIBETH BUCHER LUCENTE, Plaintiff V. WARREN R. LUCENTE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-3125 IN DIVORCE STIPULATION OF THE PARTIES THROUGH COUNSEL The parties hereto stipulate as follows: 1. They were married on August 4, 2000. 2. They separated on or about May 23, 2007. 3. On May 7, 2009, Defendant filed a Motion to Compel Discovery. The parties, through their counsel, agree that within 60 days of the date of this Stipulation, Wife will provide to Husband the following documents: a. Her 2007 Federal income tax return as filed. b. Her credit report. C. A balance of the date of separation for her "Elite" charge card. d. An opening statement for her Commerce savings and checking account and a copy of the statements on the date of separation. e. Kelly Blue Book values, private party sale, on the 2004 Suburban and the 1998 Grand Am. FLONVER & LINDSAY A'IM?AVM 26 West High Street Carlisle, PA Susan K. Cand 4010 Glenfinna Mechanicsburg Counsel for Pla Carol J. Lin ay, squire 26 West Hi h S et Carlisle, PA 17013 Counsel for Defendant OF THE V 2009 JU ", 16 P ` 5 SAIDIS, FLOWER & LINDSAY ?.>AW 26 West High Street Carlisle, PA JUN 17 Z0p96 MARIBETH BUCHER LUCENTE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2007-3125 WARREN R. LUCENTE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /BA day of Q&,"- , 2009, following an agreement of the parties as set out in the attached Stipulation, the terms are hereby made an Order of Court. BY THE COURT, FILE(,-Cii-!CE OF THE !'"') TH,' °,,f TARY 2009 JUN 18 Ph 1: 4 b C?1?Vi : "i irV MARIBETH BUCHER LUCENTE, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3125 CIVIL TERM WARREN RICHARD LUCENTE, :CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE c o ~~ ~,. -r.~ c.. s"('i r PRAECIPE TO TRANSMIT RECORD r r ! ~'` ~ ~ t 11 `S '~"=~ To the Prothonotary: -~ i , ~ s•v ~ ~`~' ~ ~' Please transmit the record, together with the following information, to the Court C+ for en try of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Warren Richard Lucente, signed the Acceptance of Service on May 25, 2007. Said Acceptance of Service was filed with the prothonotary on May 25, 2007. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: May 24, 2010 Defendant: May 11, 2010 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on May 24, 2010 by the Plaintiff and on May 11, 2010 by the Defendant, r r and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, Dated: S-'Z~ - , 2010 ~al('1.~}~{~~U,(~.Q~ Maribeth Bucher Lucente Plaintiff ,~ ~VIARI"T`AL PROP~R~"Y ~'1"T'I,~~~1~D'T' AGR~~11-~I~~"r' THIS AGREEMENT is entered into this ~~' day of f~pR.11._. , 2010, by and between MARIBETIi BUCHER LUCENTE and WARREN RICHARD LUCENTE. n r_ ;,~ '`; Y""' _ ~ Fi.. .,.,~.. ; ~~ RECITALS - - --~ ~~ ~" ,-, ~ , ,~,, ra _ ,~ , ~ ~", Date of Marriage: August 4, 2000 ~ ~ ~~ ~. ~ _,y .. ~~ .. Place of Marriage: Florida ~ s°- ~'' Last Marital Residence: One Thyme Court, Mechanicsburg, Cumberland County, PA i 7050 Date of Separation: May 23, 2007 Pending Court Proceedings: None Divorce Court of Common Pleas No. 07- 3125 of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficul#ies have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, all matters between them relating to the ownership of real and personal property, claims for spousal support, monetary medical assistance of any kind, monetary assistance of any kind for any reason, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW, THEREFORE, in consideration of the covenants, premises, and of the mutual promises, hereinafter to be mutually kept and performed by each party, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: (1) SEPARATION: It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any contact, control, restraint, authority, direct or indirect by the other. Neither party will endeavour to compel the other to cohabit or dwell with him or her by any legal or other proceeding as if he or she was single and unmarried except as may be necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the mamage is irretrievably broken and that they have secured a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. Wife will transmit the record in order to obtain a Decree in Divorce. (3) REAL PROPERTY: The parties aze the owners of certain real estate with improvements thereon and known and numbered as One Thyme Court, Mechanicsburg, Cumberland County, Pennsylvania. The parties have agreed within sixty (60) days of the date of this agreement, at the Wife's expense, Wife will refinance the marital home in Wife's name alone so that Husband is no longer Iiable thereon. Wife is, and will be exclusively responsible, for all payments relating to the marital home up until the date of refinance and thereafter, including, but not limited to, all real estate taxes, mortgage payments, utilities, homeowner's insurance, any liens encumbering the marital home, previous repairs, improvements, modifications, liability for late mortgage payments by the wife, non-payment of homeowner association payments regardless if such payments are voluntary or required, and Wife's attorney fees. On the date of refinance of the Marital home, Husband will sign a special warranty deed transferring to Wife all his right, title and interest in the marital home. Wife will pay said $4000.00 payment to Husband at the time of refinance. Wife will be exclusively responsible for all payments relating to the marital home up until the date of refinance and thereafter, including, but not limited to, all repairs, improvements, modifications, liabilities associated with late mortgage payments made by Wife, non-payment of, homeowner's association payments, if such payments aze required or voluntary, all real estate taxes, other such taxes, fines, all mortgage payments, utilities, homeowner's insurance, and any liens encumbering the marital home. With respect to all such payments, Wife shall indemnify and hold Husband harmless. (4) DEBT: A. Marital Debt: Aside from the mortgage on the Marital home, Husband and Wife aver that there is no jointly titled dept. The parties shall each be responsible for the dept each incurred during the marriage. Wife will be solely responsible for any obligation for the payment of monies borrowed from her brother Peter Richards as her debt alone and save the Husband harmless from any and all claims or demands made against him by reason of debt or obligation. Wife shall be responsible for the payment of the full amount of the current balance on each of the One (1) Bank of America credit card account in Wife's name alone. Wife will be solely responsible for the payment of the full amount of the current balance on One (1) CHASE credit account in her name alone. Husband will be solely responsible for the payment of the full amount of the current balance on One (1) Bank of America credit card account in his name alone. Husband and Wife agree to specifically waive, release, renounce and forever abandon any claims which they may have with respect to any checking and/or savings accounts which they have in their individual names or jointly. B. Post Separation Debt: In the event that either party contracted or incurred any dept since the date of separation on May 23, 2007, the party who incurred said debt shall be r responsible for the payment thereof regardless of the name in which the dept may have been incurred. C. Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other or his or her property or heirs or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) BANK ACCOUNTS: Husband and Wife agree to specifically waive, release, renounce and forever abandon any claims which they may have with respect to any checking andlor savings accounts which they have jointly or in their individual names. (6) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other. The 2003 Toyota, titled in the Husband's name alone shall hereafter be the sole and exclusive property of the Husband. There is no loan on this vehicle. The Husband shall be fully responsible for all insurance and expenses associated with this vehicle. Wife shall waive all right, title and interest in this vehicle. The 2004 Chevrolet Suburban jointly owned in Husband and Wife's name shall be the sole and exclusive property of Wife. There is no money owed on this vehicle, however, it is still jointly owned. The Husband agrees to execute whatever documents may be required to transfer title to the Wife's name where the parties' documents of title are in the hands of a third party. The wife agrees to be responsible for any expenses associated with, the transfer of said title, including, but not limited to, vehicle registration, license or any other expense resulting from the transfer. The Husband will be responsible for the expense associated with notarizing signature on necessary documents. After transfer of Title from joint ownership by Husband and Wife to sole ownership of 2004 Chevrolet Suburban in Wife's Warne only, Husband shall waive all right, title and interest he may have in this vehicle. The Wife shall assume full responsibility for any encumbrance, all insurance and expenses on the 2004 Chevrolet Suburban vehicle. ('n TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have affected a satisfactory division of the furniture, household furnishings, appliances, and tools, and they mutually agree that each party from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. Nevertheless, Husband shall receive all personal clothing and personal items which may have remained in the marital home, including, but not limited to, portrait of his daughter, last paintings done by husband's father prior to his father's death, and any other paintings and photographs brought into the marriage, mountain bicycle purchased by husband during marriage, and a box containing a set of dishes brought into marriage. Husband and wife agree they may inspect any tangible personal they claim as their own property where ever they have removed the property to without any duress or concealment by either party. Any property found to belong to the Husband, as agreed to by both parties; will be disposed of in a manner decided upon by Husband without any need for Wife's assistance. r (S) INTANGIBLE FERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, medical insurance, life insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, disability accounts, savings plans, pension plans, annuity accounts, fixed or variable, mutual funds, interest income, monetary loss from investment accounts, stock plans, 401 K plans and the like obtained before marriage, during marriage or after separation or after execution of this Agreement. Specifically, each of the parties shall own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible which were acquired or are acquired by Husband or Wife with full power in Husband or Wife to dispose of the same as fully and effectively, in all respects, and for all purposes, as though he or she were unmarried. (9) WAIVER OF ALIMONY: 'The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each parry waives any claim he or she may have one against the other for alimony, spousal support, alimony and alimony pendente lite, or maintenance (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered freely and voluntarily after having received such advise and with such knowledge as each has sought from counsel, and 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 agreement or agreements. Each party shall pay his or her attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: 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. (12} INCOME TAX: 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 assessment of any such tax is made against either of them, each. will indemnify and hold the other harmless from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. For the years ending December 31, 2007 and December 31, 2008, the parties have filed individual Federal, state and local returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other parry shall have the right to declaze this Agreement null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties hereby waive a full and complete disclosure by the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof and after the date of execution. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's right's against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (1'n WAIVER OR MODIFICATION IN WRITING BY BOTH PARTIES: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or breach hereof or default hereunder shall be deemed a waiver of any subsequent default. This Agreement shall remain in full force and effect. The parties insist upon strict performance of all of the provisions of this Agreement. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, dischazges and quick quit claims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy or dower; D. All widow or widowers rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including, but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision; F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19 PRIVACY AGREEMENT: Commencing on the Marital Settlement, Husband and Wife agree to not share any past or present, government related, psychological, psychiatric, social, medical, or personal history concerning each other and their respective families. (20 GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full and effect. (21) INCORPORATION INTO DEGREE: In the event that either of the parties shall recover a final judgement or decree of absolute divorce against the other in a court of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such final judgement or decree of absolute divorce and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. The parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23 ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~~~1~~ ~~ MARIBETH BUCHER LUCEN iivantu~L i COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF P..lYY1~2.1.~4-n1n On this, the ~_ day of ~ , 2010, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MARIBETH BUCHER LUCENTE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MARY ANN C. GARBARINO, NOTARY PUBLIC SILVER SPRING TWP., CUMBERLAND COUNTY MY COMMISSION EXPIRES DECEMBER 13, 2012 No ublic My Commission Expires: ~ . ~ 3 ~ a ~ ~ STATE OF FLORIDA COUNTY OF SS: On this, the ~_ day of ~ , 2010, before me, a Notary Public for the State of Florida the undersigned offi er, personally appeared WARREN RICHARD LUCENTE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: SUSAN E. CARR Notary Public, State of Florida ~~ Comm~ss~t nnnC'bti3325 • MARIBETH BUCHER LUCENTE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. WARREN RICHARD LUCENTE, DEFENDANT N0.2007-3125 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, WARREN RICHARD LUCENTE, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to a attorney to represent me on the issue of the Marital Property Settlement Agreement. Date: , 2010 WARREN RICHARD UCENTE COUNTY OF SS: On this, the ! t day of M 1~1 Y , 2010, before me, a Notary Public for ~(.pR i pY~ ~ D U v t~ ~- ,the undersigned officer, personally appeared WARREN RICHARD LUCENTE known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have set my hand notarial seal. ROBIN L. YALI:~ ~ ~~~ Notary Public, State of Florida Notary Public i41y Comm. Expires Aug, i0, 2013 No. DD902~7B My Commission Expires: EXHIBIT "A" ~J MARIBETH BUCHER LUCENTE, IN THE COURT OF COMMON PLEAS PLAINTIFF OF CUMBERLAND COUNTY, :PENNSYLVANIA vs. N0.2007-3125 CIVIL TERM WARREN RICHARD LUCENTE, :CIVIL ACTION -LAW DEFENDANT :ACTION FOR DIVORCE ~ o ,-:;, ' q ~ F7 ..~ -R" f~ Y:' +_: ~: ~~ AFFIDAVIT OF CONSENT ;^''~ ~ ~~' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w~filet~n ~~~'~'~ May 23, 2007. ~~ c: c,.F -c 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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 MARIBETH BUCHER LUCE TE • • MARIBETH BUCHER LUCENTE, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3125 CIVIL TERM WARREN RICHARD LUCENTE, :CIVIL ACTION -LAW cs o DEFENDANT :ACTION FOR DIVORCE ~ ~' r,~~- ~ :. ~ ~~ om , t '" ~` :_ AFFIDAVIT OF CONSENT -~ _ } 5~..' ~ ~~ . wis _ f~~. :r ~`r°7 L_ (\] 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was~iledc~n '. ~'o May 23, 2007. ~' -` 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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 authnritiea C/ DAT • V MARIBETH BUCHER LUCENTE, PLAINTIFF vs. WARREN RICHARD LUCENTE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3125 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4-904 relating to unsworn falsification to authorities. 5 ~2 ~ - t D ~(V i l~cf~e~.~i u.F.~tr~,~- DATE MARIBETH BUCHER LUCE E n ~ `= ; ~ ° ~ <,_ .~. a -ra ~r ~A L ~ ~ ... ~y +"0. ~ -ry ~ f ~i { hr~` ~,e. 1.~1 C.-=. i r7i 3- { ~ ri __ ~, tai v ~J MARIBETH BUCHER LUCENTE, PLAINTIFF vs. WARREN RICHARD LUCENTE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007-3125 CIVIL TERM CIVIL ACTION -LAW ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. a~.~ DATE WARREN RICHARD TE c~~ -° ' . ~~„ O T- iii" x~n ~T1 : ~T , '" '~ ..~`. -- -. ~... ~w `,0 ~~ "'~ • IN THE COURT OF COMMON PLEAS OF MARIBETH BUCHER LUCENTE CUMBERLAND COUNTY, PENNSYLVANIA V. WARREN RICHARD LUCENTE NO. 2007-3125 DIVORCE DECREE AND NOW, mQ, !~ ?.~ ~o , it is ordered and decreed that MARIBETH BUCHER LUCENTE plaintiff, and WARREN RICHARD LUCENTE bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, ~- Attes . ~' J. (- P thonotary ~ r% .~ ~' /y2Cc T ~ ~~_