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HomeMy WebLinkAbout09-2451WILLIAM J. LUMADUE, Plaintiff vs. TOINETTE M. LUMADUE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2009- o~~l~~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 ~ ; MAX J. SMITH, ., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 farad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-53 3 -3280 Fax: 717-533-2795 e-mail: mis(cr~jsdc.com WILLIAM J. LUMADUE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2009- %~ ~` 5 j CIVIL TERM TOINETTE M. LUMADUE, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, WILLIAM J. LUMADUE, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, WILLIAM J. LUMADUE, is an adult individual and citizen of the United States of America, whose address is 11 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, TOINETTE M. LUMADUE, is an adult individual and citizen of the United States of America, whose address is 11 Keystone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about October 8, 200b in Mechanicsburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either parry in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiffprays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Date: April 11 , 2009 Respectfully submitted, ~Y~ MAX J. SMITH, JR. squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~C/ ~ WILLIAM J. UE R FELT. -t~'~r=iiF r T r ~r;a,tr\rNnV 2t~Og Ai ~ 1 ~ P~ 3~ 39 ~33£3.S`~ ~i c~.~ Sol ~ a~43 ~. WILLIAM J. LUMADUE, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2009-2451 CIVIL TERM TOINETTE M. LiJMADUE, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 20th day of April, 2009, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7008 1300 0001 8217 7779 at Hummelstown, Pennsylvania, addressed to: Toinette M. Lumadue 11 Keystone Drive Mechanicsburg, PA 17050 Mailing and return receipt cards attached hereto. MAX J. SMITH, JR., quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly i.~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ~ ~ Q- N ~ • ..- • , .- r- N N Postage $ ~ 1~ Certified Fee ~ ~-j~ ~ ~'~ ; ~ . ~ Retum Receipt Fee "-r' ~, ~~ ~ (Endorsement Required) a ~ -' ~' 'a,~) ~ Reatrkted l~livery Fee (Endorsement Required) 39~ ~ t> ; , v m Total Postage & Fees $ ,~ ~` ^~J"' !"i t' ~ ., ~ Sent To ~ `_~ e 1 , ['r'te. --- ~ qq~~ ~} ~ _ _ J - ~YV l.~L L7~ a.!' _ ~ s O 3 heet. Apf No.; _ ~ _ _ ._ ._...-°-.._._. ~. ^ Canplete Rams 1, 2, and 3. Also complete N^n 4 R Restricted Delivery is desired. ^ Pelttt your name and address on the reverse so that w@ can return the card to you. ~~~ ~, d ~ ^ Aldch this card to the back of the mailpiece, or on the front if space permRs. ~% . Is del fr 1. ArtlCle Addressed to: ff delivery -~Iti.J~~-..~M, ~~ `~~VL ~ ~,~Sb ~PR2 2~ ^ A®ent ^ Addrsrasn C. Date of DMwy .m item 17 ^ Yes below: ^ No ~~; 7y 3. ~Syerv~ ro~c:er[I' Express Mail . ~ q, Registered ^ Return Receipt for MerdtrtdMs ^ Insured-Mail ^ C.O.D. ~,r, 4. ilsstrbesd DsNvsyt ~+F+~d - ~i rtes z i~'r°I'i°` 7008 1300 oaal 817 ~~~~ llfAlMStr. tta>rnn ~.r+~1oa lry PS !fit 3511. Fibrwrtr 8004 naestab ti.am ti+.oNpt ,o~.atr.nto ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 09-2451 CIVIL State Commonwealth of Pennsylvania 425111225 OOriginal Order/Notice Co./City/Dlst. Of CUMBERLAND 903 S 2009 OX Amended Order/Notice Date of Order/Notice 03/08/10 OTerminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: LUMADUE, WILLIAM J. JR Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) 174-64-9244 Employee/Obligor's Social Security Number VISAGGIOS 5301101168 6990 WERTZVILLE RD Employee/Obligor's Case Identifier ENOLA PA 17 0 2 5 -10 3 7 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mp See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o.oo per month in current child support c') ~ $ o . oo per month in past-due child support Arrears 12 weeks or greater? ~~s ~ nod $ o. oo per month in current medical support n `~~' $ o.oo per month in past-due medical support -'. ~ ~~~ $ 700. oo per month in current spousal support ~`-' ~' ~ ~a $ o . o o per month i n past-due spousal support '= ~ `. w ~-; ~'; $ o . o a per month for genetic test costs _ _-; $ o.oo per month in other (specify) _ ~'~ -a $ one-time lump sum payment ` s- ~ ~ for a total of $ 700. oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be incompliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ ~~i ~a per weekly pay period. $ 350.00 per semimonthly pay period (twice a month) $ 323.08 per biweekly pay period (every two weeks) $ 700 . oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER !D (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY N E~~~J ~RDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. ~,/+ BY THE COURT: Edward E. DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 Form EN-028 Rev.S Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ~ If hecke~ you are required. to provide a opy of this form to your mployee. If yol~ r employeev~orks in a state that is di~Ferent from the state that issued this o~er, a copy must be provi~ecf to your employee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee%bligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee%bligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 232144752 0 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : O THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: D EMPLOYEE'S/OBLIGOR'S NAME: LUMADUE EMPLOYEE'S CASE IDENTIFIER: 5301101168 LAST KNOWN HOME ADDRESS: DATE OF SEPARATION: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65°/° if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet wvvw.childsupport.state.pa.us Service Type M WILLIAM J. JR Page 2 of 2 OMB No.: 0970-0754 Form EN-028 Rev.S Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: LUMADUE, WILLIAM J. JR PACSES Case Number 425111225 PACSES Case Number Plaintiff Name Plaintiff Name TOINETTE M. LUMADUE Docket Attachment Amount Docket Attachment Amount 00903 S 2009 $ 700.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s>: DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 Service Type M OMBNO.:0970-0154 Worker ID $IATT ?F T EPRO HONoTilp°f ,1 2010 DEC ? 5 pM 1:1? 1 WILLIAM J. LLI AND ; THE COURT OF COMMON PLEAS Plaintiff PENNS YLVA NIA'! CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2451 CIVIL TERM TOINETTE M. LUMADUE, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 17, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I 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: - a 4' William J. ue, Plaintiff MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX 17171 91AA-0217 WILLIAM J. LUMADUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2451 CIVIL TERM c-3 TOINETTE M. LUMADUE, : CIVIL ACTION -LAW rw Defendant : IN DIVORCE CI )r- WAIVER OF NOTICE OF INTENTION TO REQUE& ENTRY OF A DIVORCE DEC e- b h ? 07 -77 REE UNDER Z §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. )ate ,? - / 3--/0 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX /7171 Oaa_ec- WILLIAM J. LUMADUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2451 CIVIL TERM - V ) TOINETTE M. LUMADUE, : CIVIL ACTION -LAW rncu ° CZ7 -J: Defendant IN DIVORCE ,- ---o -wC CA CD - q c:) AFFIDAVIT OF CONSENT c? C_- r., .. ..? A Complaint in Divorce under Section 3301(c) of the Divorce Co de was fil rep :.? ed on"' April 17, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I 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: v M. MEYERS, DESFOR, SALTZGIVER do BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX !7171 9 R_9SZ17 WILLIAM J. LUMADUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2451 CIVIL TERM TOINETTE M. LUMADUE, : CIVIL ACTION -LAW Defendant aZ IN DIVORCE - -- r 1. 2. 3. I consent to the entry of a final decree of divorce without notice. C3 c? r -n c7 I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date 3 iv Toinette M. `Eumactue, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEO? - CAI ENTRY OF A DIVORCE DECREE UNDER ?}r, 'tr §3301(C) OF THE DIVORCE CODE C sv MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (7171 9aa_0c17 FILED-OFFICE OF THE PROTHONOTARY 30 k1VI J. LUMADUI r ?, C Plaintiff OURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TOINETTE M. LUMADUE, Defendant : NO. 2009-2451 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the 2. Date and manner of service of the Complaint: The Complaint was sent via 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) the Divorce Code: by the Plaintiff December 13, 2010, by the Defendant December 13, 4. Related claims pending: No other claims pending, 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under section 3301(d)(1)(I) of the Divorce Code. (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: MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 W (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary; December 15, 2010. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary December 15, 2010. Respectfully submitted, -G? Catherine A. Boyle, Esquire Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171236-9428 • FAX (717) 236-2817 WILLIAM J. LUMADUE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-2451 CIVIL TERM TTE M. LUMADUE, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE 9ke. I hereby certify on this day o , 2011, a copy of the g Praecipe to Transmit Record was sent first-class mail, postage paid to: Michelle L. Sommer, Esquire 2West High Street Carlisle, PA 17013 Catherine A. Boyle, Esquire Attorney for Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (7171 236-942A . FAX (7171 2qA-2A17 .4?aq-? 5) civil FILED-OFFICE OF THE PROTHONOTARY 2011 J"'-5 Pi; 29 MARITAL SETT L> - V4T A+(,(R, 'NT THIS AGREEMENT made this/8 day of A 2010 by and between Toinette Marie Lumadue (hereinafter referred to as "Wife") of 908 South York Street, Mechanicsburg, Pennsylvania 17055 and William John Lumadue, Jr., (hereinafter referred to as "Husband") of 11 Keystone Drive, Mechanicsburg, Pennsylvania 17050. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 8, 2006 in Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, no children have been conceived of this marriage; WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers. Thereafter, but no later than the first business day of the year 2011, the parties shall direct their respective counsel to file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2 2 3. 4 FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time of final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, April 17, 2009, she has not and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, April 17, 2009, he has not and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERYNINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. Wife acknowledges that she has issued various requests for information from Husband. Husband acknowledges that he had the opportunity to conduct discovery of Wife's assets. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and income, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law 4 or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 5 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICENOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Catherine A. Boyle, Esquire, as her attorney. The Husband has employed and has had the benefit of counsel of Michelle, L. Sommer, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and 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, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that 6 he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. EQUITABLE DISTRIBUTION: a. Cash payments: Husband shall pay to Wife $15,000.00 cash as equitable distribution. This payment shall be made in two (2) installments. The first installment of $8,000.00 shall be paid by Husband to Wife on or before June 1, 2010. The second installment of $7,000.00 shall be paid by Husband to Wife on or before June 1, 2011. Husband agrees to obtain a term life insurance policy, in the amount of at least $7,000.00 and naming Wife as beneficiary to secure the second installment 7 payment. Husband agrees to obtain said policy as of the execution date of this Agreement and shall provide to Wife documentation of this policy and documentation of Wife as the named beneficiary. Husband shall maintain this policy until such time as he pays the second installment of $7,000.00 to Wife. b. Pension Plans/IRAs: Wife shall keep as her sole and exclusive possession any and all pension plans, IRA's and/or any other type of retirement account(s) in her name alone. Husband waives any and all right or claim to said accounts. Husband shall keep as his sole and exclusive possession any and all pension plans, IRA's and/or any other type of retirement account(s) in his name alone. Wife waives any and all right or claim to said checking and savings accounts. C. Automobiles: Wife shall keep the 2004 Hyundai Sonata automobile as her sole and exclusive possession free of any claim or demand by Husband. The parties acknowledge there is no lien against Wife's vehicle. Husband shall keep the 2002 BMW M-3 automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. The parties acknowledge there is no lien against Husband's vehicle. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. d. Checking/Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts., 8 Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. e. Business interests: Wife hereby waives any and all interest she has or may have had in Husband's business interests and/or other commercial holdings. The parties acknowledge that various joint tax returns were filed noting Husband's business interest and/or other commercial holdings. Husband agrees to indemnify Wife and hold her harmless from any issues that arise as a result of the parties filing said joint tax returns. f. Other: Any and all other assets not specifically named herein shall remain the sole and exclusive possession of the party to which said asset is titled. 15. WAIVER OF RIGHT TO ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties acknowledge that Husband is currently paying monthly spousal support to Wife, in the amount of $700.00, through Cumberland County Domestic Relations, docket #903-S-2009. After receipt of the first equitable distribution installment payment pursuant to Paragraph 15 (a) of this Agreement, in the amount of $8,000.00, Wife shall terminate said action docketed to 903-S-2009. Said action shall remain in full force and effect and Husband shall pay Wife monthly spousal support in the amount of $700.00 until such time as the first equitable distribution payment is made in full. 9 At the time the support action, docketed to #903-S-2009 is terminated, Husband shall pay any and all arrearages due at that time to Wife in full. Other than noted herein or otherwise provided for in this Agreement, the parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 10 18 19 20 21. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. 11 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. WITNESS: 6QW&qj luux? Michelle L. Sommer, Esquire 12 WILLIAM J. LUMADUE IN.THE.000RT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TOINETTE M. LUMADUE No. 2009-2451 CIVIL TERM DIVORCE DECREE AND NOW, Ap!!? it is ordered and decreed that WILLIAM J. LUMADUE plaintiff, and TOINETTE M. LUMADUE , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated May 18, 2010 is herby incorporated but not merged herein. By t ourt, (2ert. Copy mailed 4* l Sommer Noihae y rr4;W io a tty--Royle IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW William J. Lumadue Plaintiff Vs. Toinette Marie Lumadue Defendant FILE NO. 2009'2451 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME 20 A - l Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the eleventh day of January, 2011 hereby elects to resume the prior surname of Toinette Marie Shearer and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: J/-// ignature ignature of *me being resurped COMMONWEALTH OF PENNSYLVANIA G'? ?l? oePd SS. C?h?'SH COUNTY OF CUMBERLAND F* On the day of (Vae k 20 1 ,before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. 17 tary Public