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HomeMy WebLinkAbout04-0368 SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT-LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEREDITH 1. HUMMEL, Plaintiff No. 2004 - '3(g~ v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) NOTICE 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 agamst 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 the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. 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 P LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Date:~~uaj 1BJ ?.bat ~S~IS' SHUFdF, FLOWER & LINTIS' By: . !. . ih. . sa~ hM~ Supreme Court ID # 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS'AT'LAW 26 W. High Street Carlisle. PA II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MEREDITH 1. HUMMEL, Plaintiff No. 2004 - :3~~ CNIL ACTION - LAW v. CHARLES A. HUMMEL, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Meredith 1. Hummel, who currently resides at 104 East Willow Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Charles A. Hummel, whose last known residence was 104 East Willow Street. Carlisle, Cumberland County, Pennsylvania and whose current mailing address is P.O. Box 1164. Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 25, 1999 in Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have been living separate and apart since December 31, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 2 SAlOIS SHUFF. FLOWER & LINDSAY A1TORNEYS.^T-LAW 26 W. High Street Carlisle. P A 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiffs Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 9. The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference. 10. Plaintiff and Defendant have acquired property, both real and personal. during their marriage. WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof. Respectfully submitted, Date:JD.YllAl1~ 15 I lDO~ GiAID S'. SHUFF, F WER & LINDSAY.., By: ! 1Ui.Jh ~-. ~ I say Gin h M~, Esquire ~ Supreme Court ID # 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff 3 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A AFFIDAVIT I, Meredith L. Hummel, being duly sworn according to law, depose and say: (1) 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. (2) I understand that the court maintains a list of marriage counselors ill the Prothonotary's Office, which list is available to me upon request. (3) 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: [- J..~ -()tJ 1}Ldt~ J-IAJ Meredith L. Hummel, Plainti 4 SAIDlS SHUFF, FLOWER & LINDSAY ATrORNEYS'ATlLAW 26 W. High Street Carlisle, P A VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. Dated: I -;)<( -0 ~ 7]l~~pld~ ~ (& e ..... c;:;> 0 . """ z- ..... ~ n RJ '" ''>\,. i:f!<J'i ~ ~:n () ,n ~ ~ 90 ....., 7-'\ ~ , R ~ i~ N ~~ (' <D , - ~ ~ ~ -.(. s;:-- ~8 ...... ~:rJ Q :x ~ '_I', ~...." ~~ ~ t5~ -" " ,<, '.' '" ~ ~ LN "':,> ~ Ul ~~ "" Q) -;:: c;;- " S::> " . - SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT_LAW 26 W. High Street Carlisle. P A II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MEREDITH L. HUMMEL, Plaintiff v. CHARLES A. HUMMEL, Defendant No. 2004 - 368 CNIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE AND NOW, this 5th day of February, 2004, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a Complaint in Divorce which was filed with regard to the above-referenced matter. The Complaint in Divorce was mailed on January 30, 2004, but actual service took place on February 3, 2004, by Defendant signing for a copy of the Complaint in Divorce, which was mailed in the United States Mail, Certified Mail _ Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Charles A. Hummel P.O. Box 1164 Carlisle, Pennsylvania 170 I 3 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully Submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Petitioner . . Exhibit "A" U.S Postal ServIce CERTIFIED MAIL RECEIPT (Domestic M.-lIl Only, No /nsllrancF' COVCYdC]() Plovlded) c::J ru ru "' c::J ..D '" Ul Postage $ (d) Certified Fee ,;?, 2-D/ Return Receipt Fee (Endorsement Required) RestrIcted Delivery Fee .3 (Endorsement Required) Thiel Poetage & Fees $ ? ..D c::J c::J c::J c::J "" Ul ru S~To n St;eet~iPth~'~:_~'~~- '~:----~'~~~--h--_______mh_h_____ m. _ ~ -~~.~_~~.~~__~_:_~. Box 1164 ['- City, State, ZIP+4 -------n.n_n__n_______.___h____________ ____n. un_h___.. __ Ca,rlisle . Complete noms 1. 2, snd 3. Also complete It om 4 W Restricted Delivery Is desired. . Print your name and address on the reverse so thet we can return the card to you. . Attach this card to the back of the mall piece, or on the front If spsce permits. 1. Article Addressed to: Mr. Charles A. Hummel P.O. Box 1164 Carlisle, PA 17013 B. I}fcelved by ( Printed N'Y"I) Cf,J4IUY 4 /-/... ,,<3-0 D. Is deliver; sddress different from Item 1? [J Voo If YES, enter delivery address below; 0 No 3. Service Type )( Certified MslI 0 Express Mall o Registered . Return Receipt for Merch~ o Insured Mail D C.O.D. I 4. Asstncled Dellvsry? (Extra Foe) 111 Ve. 2. Article Number (Tt'ansfe, from sorvlce !eboQ _7D 0 1 PS Form 3811 , August 2001 2510 0006 5860 3220 Domestic Return Receipt 102595-01-M.Q381 (") c:- -- J~(1J <?'[,~-" ;:.:;i. V_l'''-, ;';,;:' $."' . );. ~. l'. f~'t ..2:C5 j;;r;:: !; ,..., :f5 ..,.. ;:::: <:0 , <Jj ~ :-< J::..,., n,,...., ,- :nUl J),? 06 5!-r- o::rl 15t;? -., 3j "" h ~ S> - f\) SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-ATeLAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEREDITH L. HUMMEL, Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT is made this 1IL day of , 2004, BY and BETWEEN Meredith 1. Hummel of 104 East W ow Street, Carlisle. Cumberland County. Pennsylvania. hereinafter referred to as Wife, A N D Charles A. Hummel of 29 South Pitt Street, Apartment #3, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECIT AL~l R.I: The parties hereto are Husband and Wife, having been joined in marriage on September 25, 1999. in Cumberland County, Pennsylvania; and R.2: Differences have arisen between th(: parties, in consequence of which they have lived separate and apart since on or about December 31. 2003; and R.3: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of which they are ::1itf 'pm, '"' Page I of I CA~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSeAT-LAW 26 W. High Street Carlisle, PA R.4: It is the desire and intention of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights. and all rights in, to or against the property or estate of the other, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any claims or rights that they may have under the provisions of the PelU1sylvania Divorce Code, as amended; and R.5: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates; and R.6: The parties desire to resolve all claims pending between them. including the settlement of all of their respective property rights and other rights growing out of their marriage relationship including, but not limited to. all matters between them relating to the ownership of real and personal property, claims for spousal support. alimony, alimony pendente lite, counsel fees and costs; and R.7: Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Saidis, Shuff, Flower and Lindsay, and that Husband, cognizant of his right to obtain legal representation., declares that it is his express. voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and R.8: Both Husband and Wife each covenant that they have made full and complete disclosure to the other of his and her respective property holdings and income; and \..XV\ ~ \ \ MLH~ CAj)jfl. Page 2 of2 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. P A " R.9: Each party has had an opportunity to verify the financial disclosure of the other. Discovery, if any, has been conducted to th(~ satisfaction of each party. Each party has had the opportunity to investigate further the financial disclosure of the other, and has had access to any desired books and/or records to investigate further. Each party had an opportunity to do an independent valuation of the assets, liabilities and income of the other party. To the extent either party decided not to pursue further discovery and investigation, he or she did so voluntarily and specifically waives the right to challenge this Agreement based on the absence of full and fair disclosure. NOW THEREFORE. with the aforegoing recitals being hereinafter incorporated by reference and deemed an essential part hereof and in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration, receipt of which is hereby acknowledged, the parties, intending to be legally bound. hereby agree as follows: (I) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at sU(:h place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proc(~eding. Neither party shall disparage or discredit the other in any way, nor in any way injur(l his or her reputation; nor shall either of them act or permit anyone else to act in any way which might tend to create any disaffection or disloyalty or disrespect between the members of the family of either party. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unm:~ej e~~ept as maybe necessary to carry out the terms of this Agreemenna.1J MLH +-4---Wl Page 3 of 3 CAIUll1- SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle. P A " (2) DIVORCE: The parties acknowle:dge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Simultaneous with the execution of this Agreement, the parties agree to execute and file the Affidavits of Consent and Waiver of Notice Forms necessary to fi.nalize said divorce. If either party fails or refuses to execute cmd file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. (3) REAL PROPERTY: The parties do not own any real property. (4) DEBT: Each of the parties hereto covenants and agrees that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or incurred by one for which the other might be liable prior to the signing ofthis Agreement. B: POST SEPARATION DlIBT: In the event that either party contracted or incurred any debt since the date of separation on December 31, 2003. the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt 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 party or his or her property 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. MLH l'rd:t\ CA{;~ Page 4 of 4 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-UW 26 W. High Street Carlisle, PA ., (5) MOTOR VEHICLES: The parties acknowledge that Wife, individually, holds title to a 2000 Pontiac Sunfire. Husband hereby relinquishes any right, title or interest he may have in and to the 2000 Pontiac Sunfire. Wife shall acquire and maintain separate insurance on the 2000 Pontiac Sunfire. Wife specifically agrees to assume full responsibility for and pay in due course, any encumbrance on Wife's 2000 Pontiac Sunfire. Wife shall hold Husband harmless and indemnify Husband from any loss thereon. The parties further acknowledge that Wife, individually, holds title to a 1991 Chevrolet Blazer. Wife hereby agrees to sign over any right, title or interest she may have in and to said Blazer. In exchange for Wife transferring title of the Blazer to Husband. Husband shall pay to Wife Four Hundred ($400.00) Dollars, receipt of which is hereby acknowledged. Husband shall maintain separate insurance on and assume full responsibility for any encumbrance on the above-listed vehicle, and shall hold Wife harmless from any loss thereon. Within thirty (30) days of the date of this Agreement. Wife shall execute any and all documents necessary to have said vehicle properly transferred to Husband's name with the Pennsylvania Department of Transportation and contemporaneously with the title transfer, Husband shall pay to Wife Four Hundred ($400.00) Dollars, receipt of which is hereby acknowledged. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree th~~ch\Party shall from and after the date hereof be the sole and separate own~r of MLH "I lOTI Page5of5 CA~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle. P A " all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of the parties hereto. (7) INTANGIBLE PERSONAL PROl'ERTY: Each party hereto hereby relinquishes any right, title or interest he or she may have in or 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, insuran'~e, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans. pension plans, stock plans. 401K plans, and the like. Wife acknowledges that the marital property of the parties includes any marital portion of Husband's retirement plan through his employment with Keen Transport. Inc. The approximate value of Husband's retirement with Keen Transport, Inc., as of March 31, 2004 was Three Thousand One Hundred Twenty-Five and 17/100 ($3,125.17) Dollars, of which Two Thousand Four Hundred Seventy-Nine and 09/100 ($2,479.09) Dollars was vested. See Account Statement dated January 1, 2004 through March 31,2004, attached hereto as Exhibit "B" and incorporated herein by reference. Wife further acknowledges that she has been informed of her right to obtain an independent appraisal of Husband's retirement. and any marital interest therein, and, notwithstanding same, Wife hereby forever waives and relinquishes any right. title, interest or daim she might otherwise have in and to Husband's aforesaid retirement plan through Keen Transport, Inc. Husband acknowledges that the marital property of the parties includes any marital portiO?~~'S 401K plan through her employment at Holiday Hair. The approximate MLH ~ Page 6 of6 CAtfft" SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA " value of Wife's 40lK through Holiday Hair, as ofD<ecember 31, 2003, was Three Thousand Two Hundred Sixty-Five and 531100 ($3,265.53) Dollars. See Account Statement dated October I, 2003 through December 31, 2003, attached hereto as Exhibit "C" and incorporated herein by reference. Husband further acknowledges that he has been informed of his right to obtain an independent appraisal of Wife's 401K, and any marital interest therein, and, notwithstanding same, Husband hereby forever waives and relinquishes any right, title, interest or claim he might otherwise have in and to Wife's aforesaid 40lK through Holiday Hair. (8) WAIVER of ALIMONY: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, D)r alimony, spousal support or alimony pendente lite. (9) ATTORNEY'S FEES: Except as otherwise provided herein, each of the parties waives the right to receive a payment for counsel fees from the other, and each shall be responsible for his or her own counsel f(:es, costs and expenses, if such fees or expenses are incurred. (10) ADVICE of COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by Lindsay Gingrich Maclay. Esquire, of Saidis, Shuff, Flower & Lindsay. and that Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the p~~~tfR fd execution of this agreement. MLH-lJ1.I:l11 Page 7 of7 CA~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A Each party acknowledges and accepts that this agreement is. under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice 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 or illegal agreement or agreements. (11) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party. within five (5) days of any request to do so. any and all further instruments that may be reasonably required to give full force and effect to the provisions ofthis Agreement. (12) INCOME TAX: The parties h,:reto agree to file separate income tax returns for all ongoing years, specifically including 2004 and 2005. (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 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. including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is MLH~ Page 8 of 8 CA~ SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT.LA.W 26 W. High Street Carlisle, P A " familiar with, the wealth. real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to 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) WAIVER of APPRAISALS: The parties acknowledge that they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to obtain formal valuations or appraisals of the real estate, the personal property, the vehicles, retirement accounts and businesses, some or all of which were acquired during the marriage and therefore constitute marital property. However, the parties have determined that they will not undertake the expense to have these items appraised and/or valuated, and that the division of property as set forth in this agreement, represents a fair and equitable distribution. (16) RIGHTS and RESPONSIBILlTIE:S: 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. (17) 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. 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 rights against the other for past, presen~e claims on account of spousal support, maintenance, alimony, alimony MLHv Page90f9 CA~ SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-UW 26 w. High Street Carlisle, P A " 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. (18) RELEASE of ALL CLAIMS: Except as otherwise provided herein, each party releases and discharges completely and forever the other from any and all right, title, interest or claim of past, present or future spousal support. division of property. including income of gain from property hereafter accruing, right of dower or curtesy. the right to act as administrator or executor of the estate of the other, the right to a distributive share of the other's estate, any right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either party by virtue of their marriage relationship. or otherwise, whether the same are conferred by statutory or common law of the Commonwealth of Pennsylvania, or any other state, or of the statutory or common law of the United States of America. Except as provided herein, the parties specifically waive any and all rights that they may have to equitable distribution of marital property and/or alimony and counsel fees, except those counsel fees sought in the event of a breach of this Agreement, or any other marital rights as provided in the Pennsylvania Divorce Code, Act 26 of 1980 or any amendment thereto. 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 parties' rights against the other for any past, present and future claims on account of spousal support; maintenance; alimony; alimony pendente lite; counsel fees, costs and expenses, except those counsel fees, costs and/or expenses sought in MLH~~ CAr?J4K Page 10 of 10 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, P A the event of a breach of this Agreement; equitable distribution of marital property and any other claims of each party, including all claims raised by them in the Divorce action to be filed between the parties. (19) SEPARABILITY of PROVISIONS: If any term, condition. clause or provision of this agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this agreement shall continue in full force, effect and operation. (20) GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. (21) INCORPORATION into DIVORCE DECREE: The Parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement shall be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, 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 Agreem~;...i,l~clfng, but not limited to, court cost and counsel fees of the other party. In MLH ~rJ'0l Page II of II CAHCdA:: SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.LAW 26 W. High Street Carlisle, P A I' the event of breach, the other 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: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals to this Agreement the day and year first above written. WITNESS: :lJ~ l1r #A ~ Carles A. Hummel MLH~ CAH Page 12 of 12 . , f"-' - ~ 9.." f~'1 ;:;,~~ ~\' i\:J~ :~:~\'~F) .-ri -, if. -I" ':.':~ -~:q. .- 1') <..0' - SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEVS-AT.LAW 26 W. High Street Carlisle, P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IPENNSYL VANIA MEREDITH L. HUMMEL, Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330l(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: t!7)J- q::~~E- ~ \_..: uJ~J ~~C) p_---r- QQ 60- i:UD-- ef uJ is is - N - - -- :.:z - N ~ S ..., ~ ~ ---:J.:::::: - ) .., -1 :~:.'.. ~2 V~j <;. _,,"'--c :i;..U j:~ ~-'- SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 W. High Street Carlisle, PA II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYL VANIA MEREDITH L. HUMMEL, Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330l(c) OF THE DIVORCE CODE l. I consent to the entry of a final Decree of Di vorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date: (~\dtJ\tJ5 '-ffi>J~~ .~uJ) MEREDITH L. HUMMEL, Plaintiff fC ...< C' u..l-",' QC) tL-,~ '-L ..-- i~I:-"; c~ 0: ::10- ._-~tU u-F u- o N N :;,c ~':t ')- ~ '-7 ,.~~ N -,,, ::s -, "" = = ...... J(L: .i::iG... -~-~ ._~) U SAlOIS SHUFF, FLOWER & LINDSAY AITORNEYS.AT.LAW 26 w. High Street Carlisle, PA II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, IPENNSYL VANIA MEREDITH L. HUMMEL. Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2004. 2. 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. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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: ~/~~ a~ ~~ ~ . 'AR~S A. HUM~ rfefendant ~wo!jil to and su cribed before me this cl.l.cl: day of , 2005. NOTARIAl SEAL MERl.ENE J. MARHEVKA. NOTARY PUBUC CARLISLE. CUMBERLAND COUNTY. PA MY ~ISSION EXPIRES JUNE 8. 2008 o C ;:~:' ,...., = = "'" <..... fr: N o ." 3! rll~ -om ::nO OJ L ~-_.(CJ ;;i-=n ~-2o .;:;~m ;~ 51 -< ~ -~ -"" l'0 N SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LA.W 26 W. High Street Carlisle, PA " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, ]~ENNSYL VANIA MEREDITH L. HUMMEL, Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 29, 2004. 2. 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. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of ] 8 Pa. C.S., Section 4904 relating to unsworn . lcation to authorities. Date: 'j) \2}\0\\JS ~, NOTARIAL SEAL MERLENE J. MARHEVKA. NOTARY PUBLIC CARUSLE. CUMBERlANO COUNTY. PA MY COMMISSION EXPIRES JUNE 8. 2008 n ....., ~ = ~; ,= en .-4 '- :t::!] c~ ....'"- enFn N :g9 :;?,Q c S';~ ~.~3.Z~ .~~ en 3; (~ N ;; -'~. 1" .< II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEREDITH L. HUMMEL, Plaintiff No. 2004 - 368 v. CIVIL ACTION - LAW CHARLES A. HUMMEL, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information to the court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under 3301 (c) 33()1 (e1) (I) of the Di'ieree Code. (Strike out inapplicable section) Date and manner of service of the complaint Def,endant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on February 3, 2004. A Certificate of Service was filed and docketed at the above- referenced docket number on February 5, 2004. 2. 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: June 20 2005: by defendant June 17 2005 b. (I) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related Claims pending: None: The t(,rms of the ProDertv Settlement and SeDaration Al/reement of June 20, 200S are incoroorated but not merl/ed into the Decree in Divorce 3. Complete either (a) or (b) 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 plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: June .!!.I.-..2005 Date defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: June Il' 2005 Ca I} Linl::&~ ty Su e Court ill 44693 Saidis, Shuff, Flower & Lindsay 26 West Hii~h Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA c:> r~ r-> "" = <J' 2:: :;::: r<l - ...."'" Q, ~-r\ f~1 r=: -nf'r"', ~~_\~t) "~: -r, ~'l__ _.'\~ ',;:~)~ ':;:-1 ~q - N (.;>.7> r . . . . . . . . . . . .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Meredith L. Hummel Plaintiff No. Z004-368 . VERSUS . . Charles A. Hummel . . . . Defendant . . DECREE IN DIVORCE . . AND NOW, :r ~L z.~ .... , le.t>i, IT IS ORDERED AND . . DECREED THAT Meredith L. Hummel , PLAINTIFF, . . . . AND , DEFENDANT, Cht'irles A. Hnnnnp-l 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; . . . . Non..: The terms of the Property Settlement and Separation Agreement of.June ZO, ZOOS are incorporated but not merged into the Decree in Divorce. . . . . . . ATTES , ( . (j '~ . . . Ibdi, . ~ . . .. . . J. . . . . . . . ROTHONOTARY . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ 5t7JC'? .t:# t - ~~ y/je'~ ~fpft ~/.IW ) . . .