Loading...
HomeMy WebLinkAbout07-3380LARRY LUGARO, Plaintiff, VS. MINERVA LUGARO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d"1- .33PC? CIVIL ACTION - LAW IN DIVORCE ?tv?l, . I &1^'1. N O T I C E 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 at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 LARRY LUGARO, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07- 33Kb (cv<:? MINERVA LUGARO, CIVIL ACTION - LAW Defendant. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff LARRY LUGARO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. MINERVA LUGARO, CIVIL ACTION - LAW Defendant. IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LARRY LUGARO, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is LARRY LUGARO, an adult individual who currently resides at 3817 Vine Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant is MINERVA LUGARO, an adult individual who currently resides at 1160 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 23, 1975, in Union City, Hudson County, New Jersey. 5. The Parties separated on May 27, 2007, when Plaintiff vacated the marital residence, after the parties had been living separate and apart within the home for a matter of months. 6. Neither the Plaintiff nor Defendant is in the military 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. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 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 (2) years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully Submitted, KOPE &_ASSOCIATES Date: ' 7 m, Esq. VERIFICATION I, Larry Lugaro, the Plaintiff in this matter, have read the foregoing Complaint. 1 verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: (one ?'? 7 A4,?? Larry Lugarb-i W w ki +? a c ° o _ -j -?, 0-1 r a .?:r cn 14. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff LARRY LUGARO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 07-3380 MINERVA LUGARO, : CIVIL ACTION - LAW Defendant. : IN DIVORCE ACCEPTANCE OF SERVICE I, Minerva Lugaro, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Date: -) ?', ? 4 z G c ?'t? ?"r LARRY LUGARO :IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA VS :CIVIL ACTION - DIVORCE MINERVA LUGARO DEFENDANT :NO. 07-3380 CIVIL TERM ANSWER TO DIVORCE COMPLAINT And now, Minerva Lugaro, defendant in the above-captioned matter, by her attorney, Gail Guida Souders, Esquire, and offers the following answer to the divorce complaint filed by the Plaintiff on June 6, 2007. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted, that the parties were married in Union City, New Jersey. Denied that they were married on June 23, 1975. By way of further explanation, parties were married on June 28, 1975. 5. Denied in part. Admitted in part. By way of further explanation, parties separated on May 27, 2007. 6. Admitted. 7. Admitted. 8. Can neither admit nor deny. COUNT 1 DEFENDANT'S ANSWER TO REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Answer are incorporated herein by reference as though set forth in full. 10. Admitted. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Defendant 4* respectfully requests that the Court enter a Decree of Divorce to Section 3301(c) of the Divorce Code. COUNT II DEFENDANT'S ANSWER TO REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 11. The prior paragraphs of this Answer are incorporated herein by reference as though set forth in full. 12. Admitted. 13. Denied. Demand strict proof at trial. WHEREFORE, the Defendant respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT III DEFENDANT'S ANSWER TO REQUEST EQUITABLE DISTRIBUTION OF MARTIAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 14. 15. The prior paragraphs of this Answer are incorporated herein by reference as though set forth in full. 16. Admitted. 17. Can neither admit nor deny. 18. Can neither admit nor deny. WHEREFORE, Defendant respectfully requests that the Court enter an order of equitable distribution of martial property to Section 3502(a) of the Divorce Code. Respectfully Submitted, ki vv?_? Gail Guida Souders, Esquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 (717) 236-6440 Attorney ID #68740 r I . I, Minerva Lugaro verify that the statements made in this Answer to Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. WNERVA LUGARO DATE: 16P7 b 7 v ATTORNEY FOR DEFENDANT Fri ` n n } - r :? ca KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff LARRY LUGARO, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3380 MINERVA LUGARO, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 6, 2007. 2. The complaint was served by first class and certified mail, and an acceptance of service of said complaint was signed by Minerva Lugaro on June 12 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of 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. § 4904 relating to unswom falsification to authorities. Date: 3 D Larry Lugar c El .?. 'r i KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LARRY LUGARO, Plaintiff, vs. MINERVA LUGARO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3380 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. § 4904 relating to unsworn falsification to authorities. Date: l t U 7 Larry Lu o ? o O zo- r ' . 1 1 j tv -? y ?. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LARRY LUGARO, Plaintiff, VS. MINERVA LUGARO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3380 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Larry Lugaro of Cumberland County, Pennsylvania ("Husband") and Minerva Lugaro of Cumberland County, Pennsylvania ("Wife"). 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on June 23, 1975, in Union City, Hudson County, New Jersey; WHEREAS, certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, 1 of 32 V .1 including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A. Title 23, Section 101 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last 2 of 32 T Y party signs this Agreement. 5.03. Date of Distribution. Except where indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2007, No. 07-3380, seeking a divorce decree pursuant to, among other provisions, section 3301 (c) of the Domestic Relations Code. 3 of 32 The parties shall promptly file the affidavits and waivers required to obtain a divorce pursuant to Section 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code is entered as soon as possible/within two (2) months, but in any event not later than four (4) months from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Husband will secure a second certified copy of the final divorce decree for Wife, the fee for which shall be recompensed by Wife to Husband personally. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including 4 of 32 reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire of Kope & Associates, LLC. Wife has been represented by Gail Guida Souders, Esquire of Guida Law Offices, P.C. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, 5 of 32 I distribution of property, or other financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 6 of 32 1 12. 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 party shall have the right to declare this Agreement to be 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 shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of 7 of 32 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband. and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the 8 of 32 provisions of this Agreement. 16. 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. 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 9 of 32 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 10 of 32 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 arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. The parties hereby agree that the tax refund received from the 2006 tax filing has already been received by the parties and applied to pay real estate taxes on marital property. In the extremely unlikely event that an additional refund would be received from the 2006 tax filing after the date of execution of this Agreement, this additional money shall be split equally between the two parties. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 11 of 32 SECTION II EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate 1. 1160 Windsor Road, Mechanicsburg, Pennsylvania 17050: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 1160 Windsor Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. As regards their joint interest therein the parties agree as follows: a. No later than the distribution date of this Agreement, Husband shall execute and deliver to Wife a deed in the form attached as Exhibit "A" to this Agreement, or similar thereto, conveying to Wife all of his right, title, and interest in and to the 12 of 32 marital residence. Thereafter, Wife shall be the sole owner of the marital residence and _shall be permitted to record that deed and take any other action with respect thereto that she deems appropriate. Husband and Wife hereby agree to sign and execute all forms necessary by law to ensure the transfer of title. b. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. C. There is presently outstanding against this marital residence an equity line of credit with Citizens Bank, under the names of both parties. Said debt totaled, at the time of separation of the parties, approximately three hundred and five thousand, one hundred and sixty-one dollars and zero cents ($305,161.00). Commencing on the date of execution of this agreement, Wife shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under the mortgage. Husband hereby agrees, however, that he will pay one hundred and thirty-one thousand, eight hundred and eighty-four dollars and fifty cents ($131,854.50) of the debt no later than sixty (60) days 13 of 32 from the execution of this Agreement. This sum to be paid by Husband shall be paid directly to Citizens Bank. d. Within ninety (90) days of the execution of this Agreement, Husband and Wife agree to take all steps necessary to have the debt transferred to Wife's name alone, provided, however, that Citizens Bank agrees to such a change. e. In the event that Husband cannot be released from the aforementioned debt, and Husband seeks to incur a mortgage on a new residence purchased after the divorce, Wife hereby agrees to cooperate by providing or signing any necessary documents required by Husband's new mortgage company or financial institution. These documents would verify Wife's liability on the debt on the former marital residence under this Paragraph. These documents would also verify that under the Marital Settlement Agreement, Wife will indemnify Husband from liability on the debt on the marital residence. f. In the event that Husband cannot be released from the aforementioned debt, Wife shall remain under a continuing obligation to make application on a yearly basis to refinance the debt in her name only, until said refinancing is complete. g. In the event that Husband shall incur any cost, expense or liability in connection with this debt due to any action or inaction of Wife, Husband shall have the option, in addition to any other rights or remedies provided by this Agreement, or by law, to set off such cost, expenses or liability against any amount owed to Wife pursuant to this Agreement. h. Wife shall indemnify and hold Husband harmless from any liability, cost or expense, including attorney's fees, incurred subsequent to the execution date of this Agreement in connection 14 of 32 with any expense required to be made by Wife including, but not necessarily_ limited to, the debt/mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Wife should die and, at that time, there should remain any outstanding balance on the debt, it shall be Wife's estate's obligation to promptly satisfy the debt with Citizens Bank. i. Wife shall keep and maintain an adequate amount of insurance on her life in a face amount of not less than the remaining debt balance for so long as she owns the marital residence and a debt thereon exists in the joint names of Husband and Wife. j. Wife shall further keep and maintain an adequate amount of homeowners insurance properly insuring the home and all property currently within the home, including that property designated for Husband, for a period of one (1) year from the date of execution of the agreement. 2. 9125 Kinross Avenue, Las Vegas, Nevada 89145: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 9125 Kinross Avenue, Las Vegas, Nevada 89145. As regards their joint interest therein the parties agree as follows: a. No later than the distribution date of this Agreement, Wife shall execute and deliver to Husband a deed in the form attached as Exhibit "B" to this Agreement, or similar thereto, conveying to Husband all of her right, title, and interest in and to the marital residence. Thereafter, Husband shall be the sole owner of the marital residence and shall be permitted to record that deed and take any other action with respect thereto that she deems appropriate. Husband and Wife hereby agree to sign and execute 15 of 32 all forms necessary by law to ensure the transfer of title. In the event that additional forms or recording devices are required to comply with the law of the state of Nevada, Husband and Wife agree to cooperate and provide all necessary signatures, endorsements, and/or notarizations to ensure the transfer of title of this property to Husband only. b. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Husband shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the marital residence (except as provided herein), including, but not limited to, all real estate taxes, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Husband's ownership interest in the marital residence. C. There is presently outstanding against this marital residence an equity line of credit with Navy Federal Credit Union, under the name of Minerva Lugaro. Said debt totaled, at the time of separation of the parties, approximately ninety-seven thousand, one hundred and ninety-six dollars and zero cents ($97,196.00). Commencing on the date of execution of this Agreement, Husband shall be solely responsible for the timely payment of all past, present, and future principal, interest and other fees due under this debt. d. Within ninety (90) days of the execution of this Agreement, 16 of 32 Husband and Wife agree to take all steps necessary to have this debt transferred to Husband's name alone, provided, however, that the Navy Federal Credit Union, the current holder of the debt agrees to such a change. e. In the event that Wife cannot be released from the aforementioned debt, and Wife seeks to incur a mortgage on a new residence purchased after the divorce, Husband hereby agrees to cooperate by providing or signing any necessary documents required by Wife's new mortgage company or financial institution. These documents would verify Husband's liability on the debt on the former marital residence under this Paragraph. These documents would also verify that under the Marital Settlement Agreement, Husband will indemnify Wife from liability on the debt on the marital residence. f. In the event that Wife shall incur any cost, expense or liability in connection with the debt due to any action or inaction of Husband, Wife shall have the option, in addition to any other rights or remedies provided by this Agreement, or by law, to set off such cost, expenses or liability against any amount owed to Husband pursuant to this Agreement. g. Husband shall indemnify and hold Wife harmless from any liability, cost or expense, including attorney's fees, incurred subsequent to the execution date of this Agreement in connection with any expense required to be made by Husband including, but not necessarily limited to, the debt/mortgage, property taxes, and insurance with respect to the aforesaid premises, and in the event that Husband should die and, at that time, there should remain any outstanding balance on the mortgage, it shall be Husband's estate's obligation to promptly satisfy the debt. 17 of 32 h. Husband shall keep and maintain an adequate amount of insurance on his life in a face amount of not less than the remaining debt balance for so long as he owns this marital residence and a debt thereon exists in the joint names of Husband and Wife. L Husband shall further keep and maintain an adequate amount of homeowners insurance properly insuring the home and all property currently within the home, including that property designated for Wife, for a period of one (1) year from the date of execution of the agreement, with the following exception: should Husband sell the home prior to one (1) year elapsing from the date of execution of this Agreement, Husband shall not be responsible for insuring the home upon its sale to another party. Husband shall notify Wife when the house is to be sold to ensure the proper distribution of property, provided that the house is sold before one (1) year has elapsed from the date of execution of this Agreement. 3. Property Not Owned Jointly: Husband shall retain sole ownership and liability for any real estate owned in his name only. Wife shall retain sole ownership and liability for any real estate owned in her name only. This principle shall apply as well to any property owned by Husband and another party, and/or any property owned by Wife and another party. Under the terms of the Agreement, and as finalized by this divorce, neither Husband nor Wife shall have any rights, interest or liability towards real estate owned in the name of the other spouse. 4. Timeshare at Casa Maya Resort in Cancun, Mexico: The parties heretofore have previously enjoyed the use of a time share at Casa Maya Resort in Cancun, Mexico. The parties hereby agree that, as of the date of execution of this Agreement, Husband shall bear sole responsibility to 18 of 32 pay yearly maintenance and transfer fees, and all other costs and liabilities associated with this timeshare. As a consequence, Husband alone shall have the right to use this timeshare, in accordance with the terms of the timeshare agreement. Wife hereby agrees to execute any and all paperwork that may be necessary to transfer ownership of the timeshare into Husband's name alone. Husband hereby agrees to take any and all steps necessary to ensure that said timeshare is his sole responsibility up to and until such time as the timeshare reverts, is sold, or otherwise is transferred, distributed or dispersed to another party. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: a. All furniture and fixtures currently at the Windsor Road home in Mechanicsburg, PA, except for that property which the parties agree shall be the property of Husband, which shall include, but is not limited to: (i) All SciFi Fantasy Collectibles and the cabinets in which they are stored; (ii) Pool table and assorted ancillary items (i.e., pool cues, chalks, etc.); (iii) All major power tools and other tools (i.e., saw, compressor, handsaws, etc.), except those tools identified as duplicate tools or those left by Husband 19 of 32 for Wife's general household maintenance; and (iv) Complete weight gym set. b. Any other personal property determined to be the property of Wife, as per agreement of the parties. 2. To Husband: a. All furniture and fixtures currently at the Kinross Avenue home in Las Vegas, NV, except for that property which the parties agree shall be the property of Wife, which shall include, but is not limited to: (i) Framed painting as identified by the parties. The cost of transporting this painting from Las Vegas to Wife shall be borne by Husband; however, Husband shall not be required to move said painting to Wife's custody until after the sale of the home in Las Vegas. b. Any other personal property determined to be the property of Husband, as per the agreement of the parties. 3. The parties hereby agree that they shall have one (1) year from the date of execution of this agreement in which to remove his or her property from the other's possession and home, with the following exception: should Husband sell the property in Las Vegas prior to one (1) year elapsing from the date of execution, Wife must remove any property to which she is entitled under this document prior to Husband's vacating of said home. This does not in any way eradicate Husband's financial responsibility to transport the painting for Wife as delineated above at Paragraph 22.B.2.a.(i). 20 of 32 4. The parties hereby agree that the other party shall have the right of first refusal in regard to property currently owned or in the possession of either party, i.e., that should either party seek to sell, transfer, give away, or otherwise dispose of any such property prior to one (1) year elapsing from the date of execution of this Agreement, the other party shall be accorded the opportunity to procure said property for his or her own possession, use, and future enjoyment. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: a. All vehicles currently in her possession, specifically a 2000 Toyota Avalon. 2. To Husband: a. All vehicles currently in his possession, specifically a 2003 Ford E-150 van. 3. The parties will be responsible for securing their own automobile insurance on the vehicles assigned to them under this document as of the date of execution of this agreement. The parties agree that each party will solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. 21 of 32 4. The parties further agreed that any loans owed on these respective vehicles will be paid in full by the party to whom ownership is assigned under this Agreement. In the event that both parties are named on any loan associated with the payment of the vehicle, the party receiving said vehicle under this Agreement shall take any and all steps to refinance the vehicle in his or her name alone. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Monetary Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: a. Any and all funds in Wife's separate accounts. b. Any and all funds in the parties' joint checking account at PSECU, the last six numbers of said account being 503189. 2. To Husband: a. Any and all funds in Husband's separate accounts, and 22 of 32 + r all remaining funds in Citizens Bank account, and last six numbers of said account being. b. Further, Wife shall pay to Husband the sum of thirty-one thousand, three hundred and ninety-eight dollars and zero cents ($31,398.00). This sum shall be paid directly to Husband no later than sixty (60) days from the date of execution of this Agreement. *Wife shall deduct monies owed to Husband out of monies she is to receive from Husband detailed in Paragraph 22.A.1.c.* F. Investments: The parties' shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: Any and all shares, accounts and investments currently held in Wife's name, specifically the entirety of Wife's T.Rowe Price account, Plan ID #_ _ 5924. 2. To Husband: Any and all shares, accounts and investments currently held in Husband's name, specifically all shares of Pennsylvania Commerce Bancorp, Inc. and Exxon Mobil Corporation held in Husband's name. G. Life Insurance: The parties' life insurance policies and the cash value of said policies shall remain in the possession of the party under whose name the policy is held. Neither party is entitled to the value or a portion of the value of the life insurance policy of his/her current spouse, except to the extent as is provided above in Paragraphs A.1. and A.2. 23 of 32 H. Retirement Plans: The parties' Pension Plans, Retirement Plans, IRA Accounts, Profit Sharing Plans, 401(K) Plans, Keogh Plans, Stock Plans, Deferred Savings Plans, any employee benefit plans and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: All funds held in plans in Wife's name only, specifically, all funds and/or benefits held for Wife under the Pennsylvania State Education Association Pension Plan (PSEA Pension Plan). 2. Wife and Husband acknowledge that the marital property of the parties includes Wife's pension interest through her employment with the Pennsylvania State Education Association. Husband has obtained and paid for a valuation of Wife's pension interest. Wife acknowledges that she has had the opportunity to obtain an independent pension appraisal. Notwithstanding, in consideration of the assignment of other property within this Agreement, Husband hereby forever waives and relinquishes any right, interest or claim that he might otherwise have in and to Wife's aforesaid pension interest. 3. To Husband: All funds held in plans in Husband's name only, including specifically: a. All funds in Husband's BP Savings and Retirement Plan, the last four numbers of said account being #2806; b. All funds in Husband's Commerce Bank/Harrisburg Retirement Savings Plan, the last four numbers of said account being #0151; and c. All funds in Husband's IRA accounts with Citizens Investment Services, the last four numbers of said accounts being #6830 and #6821. 24 of 32 ?. r 1. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: Husband shall be solely liable for any and all debts held in Husband's name only. 2. To Wife: Wife shall be solely liable for any and all debts held in Wife's name only. 3. The line of equity at Citizens Bank, encumbering the marital residence at 1160 Windsor Road, Mechanicsburg, Pennsylvania 17050 shall be distributed as provided in Paragraph 22.A.1. 4. The debt at Navy Federal Credit Union, currently encumbering the marital residence at 9125 Kinross Avenue, Las Vegas, Nevada 89145 shall be distributed as provided in Paragraph 22.A.2. SECTION III COUNSEL FEES, SPOUSAL SUPPORT, APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY, APL. AND SUPPORT: 25 of 32 The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND. Husband and Wife hereby represent that they have secured health insurance coverage for their respective selves. The parties agree to continue to pay for and secure health insurance coverage for their respective selves. The parties hereby agree that as of the date of execution of this Agreement and for all times forward, no party shall be responsible for the costs of health care coverage of the other. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous 26 of 32 provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than three hundred and sixty-five (365) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces 27 of 32 ? V and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall 28 of 32 immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III CLOSING PROVISIONS AND EXECUTION 29. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 30. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 29 of 32 i a 31. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: Lc? (SEAL) Larry Lug .4o Rate: ?? l 0 (SEAL) inerva Lugaro/ / ate: /i Zz e V 30 of 32 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS: On this, the -"j- day of 642007, before me, a Notary Public, the undersigned officer, personally appeared Larry Lugaro, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. N M- LSAL LGANN M sENSCN MSC FM COUNIV COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notary Public: cL vY?? ) SS: On this, the -7 th day of NamXC, 2007, before me, a Notary Public, the undersigned officer, personally appeared Minerva Lugaro, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. ....,..¦..?,,,,, Notary Public: MUM ?At MA MOWS CM. OA M MM COWW lov COMWAI"n bpvw Oct 11.'1010 31 of 31 Z o f 23 ? ? :ate {?` 7 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff LARRY LUGARO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-3380 MINERVA LUGARO, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 6, 2007. 2. The complaint was served by first class and certified mail, and an acceptance of service of said complaint was signed by Minerva Lugaro on June 12 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of 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. § 4904 relating to unsworn falsification to authorities. Date: / 7 o `7 inerva L ` r? 1 +x l j'o- KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com LARRY LUGARO, Plaintiff, vs. MINERVA LUGARO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3380 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 sub § 4904 relating to unsworn falsification to authorities! Date: / t 61,17 the penalties of 18 Pa.C.S. inerva Lu Y= ', ?' ? '? n? , -?? ? ? ? i ; , C3 j ?v? ..?; ya.? -r? ? ` ... .^ .. ^t ? .? IN THE COURT OF COMMON PLEAS LARRY LUGARO CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL DIVISION MINERVA LUGARO NO-07-3380 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) ="V1ftftX (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of service signed by 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 11/13/07 ; by defendant 1 1 17 / o 7 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending; There is a marital, spares ion aarepMPnt exer•11teri on November 13, 2007 that is -i n_rnr= nrated fnr nnfnrrcmnnf- purposes onl but not merged. 5. Complete either (a) or (bj (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed.with the Prothonotary: 11/19/2007 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 11/20/2007 Plaintiff / Defendant ' C 3 ' ? ?- -- - ? ? ? ? ???v . ? ? ?- 1 ') ? Jy6; { ?? ? t ? t': ) ?? ..? . ._, _ ?? °.?;; r.. ?„ ?% ..? + + IN THE COURT OF COMMON PLEAS + + OF CUMBERLAND COUNTY + + + STATE OF PENNA. + LARRY LUGARO + + No. 07-3380 + + VERSUS + + MINERVA LUGARO DECREE IN + + DIVORCE + + + + + + + AND NOW, IT IS ORDERED AND + + DECREED THAT LARRY LUGARO PLAINTIFF, + + AND MINERVA LUGARO 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 + + BY THE OURT. + + + + ATTEST: J. + + PROTHONOTARY • Rnv Gam ' 9 "?, 'vkvx ,-962• ., A N ?• .