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HomeMy WebLinkAbout05-2554 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL HUTTER HUMES, Plaintiff, : No. tiS', c;J,55'1 ~ : Civil Action - Law v. : Divorce DONALD C. HUMES, Defendant. 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 Petitioner. 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: Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, or propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RELAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 CHERYL HUTTER HUMES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. OJ- ~ 02SS-l : CIVIL ACTION - LAW v. : IN DIVORCE DONALD C. HUMES, Defendant. COMPLAINT UNDER SECTION 3301! c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Cheryl Hutter Humes, by and through her legal counsel, to seek the following relief and in support thereof avers as follows: COUNT I - DIVORCE 1. Plaintiff is Cheryl Hutter Humes, who currently resides at 403 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Donald C. Humes, who currently resides at 186 Konhaus Road, Silver Spring Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 11, 1987, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Defendant is not a member of the Armed Forces of the United States of America I or any of its Allies. 7, This marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that this Honorable Court enter a decree of divorce pursuant to Section 3301( c) of the Divorce Code. COUNT 1\ - ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS & EXPENSES 9. The averments of Paragraphs 1 through 8 of this Complaint are incorporated herein as if set forth at length. 10. By reason of the institution of the action to the above-term and number, Plaintiff will be and has been put to considerable expenses in the preparation of her case, in the employment of counsel, and the payment of costs. 11, Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 12. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 13. Defendant has adequate earnings to provide support for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. 2 COUNT III - ALIMONY 14. The averments of Paragraphs 1 through 13 of this Complaint are incorporated herein as if set forth at length. 15. Plaintiff lacks sufficient property to provide for her reasonable needs. 16, Plaintiff is unable to sufficiently support herself through appropriate employment. 17. Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff. WHEREFORE, pursuant to Section 3701 of the Divorce Code, Plaintiff requests this Honorable Court to award permanent alimony for Plaintiff. COUNT IV - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 18. The averments of Paragraphs 1 through 17 of this Complaint are incorporated herein as if set forth at length, 19. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 et seq, of the Divorce Code, WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT V - CUSTODY 20. The averments of Paragraphs 1 through 19 of this Complaint are incorporated herein as if set forth at length. 21. Plaintiff seeks custody of the following child born of the marriage to the parties: 3 Name Present Residence Age a. Jordan Ray Humes 186 Konhaus Road Mechanicsburg, PA 17050 (Silver Spring Township) 13 22, Defendant currently has primary custody of the child at 186 Konhaus Road, Silver Spring Township, Pennsylvania. 23. The child was not born out of wedlock, 24, During the past five years the child has resided with the Plaintiff and Defendant at the marital domicile of 186 Konhaus Road, Silver Spring Township, Pennsylvania until the date of the parties separation on April 12, 2005. 25. The mother of the child is the Plaintiff, currently residing at 403 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 26. The father of the child is the Defendant, currently residing at 186 Konhaus Road, Silver Spring Township, Cumberland County, Pennsylvania. 27. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this court or another court, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 28, The best interest and permanent welfare of the child will be served by granting the relief requested as the child will benefit by the continued nurturing, care, custody and guidance of his father and mother. 29. Each parent whose parental right to the child has not been terminated 4 and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the child to the Plaintiff and Defendant. ~ /,'P~ Richard C. Seneca, Esquire PA Supreme Court ID. No. 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff 5 VERIFICATION I verify that the answers set forth in the foregoing Complaint Under Section 3301 ( c) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties set forth in the Pennsylvania Crimes Code. elL clkJ-- I Hutter Humes t::'_ \r . "Ie:' Dated: ,,) :L- C:; \~. 'w 9J -....... '€~ \ ~.. ~ ~CJ 9J ...... \', -{. ~ ~ '}.J "- '\J "" ';'> ~ ".I ~....... ....... " ~~.. ~ . --...>lJ'o.. V, ()' '.' iJ'.' <:Y 8 ~ij \ 't ~ \~ , - ~ ~. ~\$ .. f -" ~ ~~ ~ :}l ~ -T_" , (", -Tl ~; .:: ::::! \' ]~ -"-I c.~ ) .. ' .,'1 r,,-,) (,.' .,C, r<, -"".. . CHERYL HUTTER HUMES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO, 05-2554 Civil : CIVIL ACTION - LAW v. : IN DIVORCE DONALD C. HUMES, Defendant. ACCEPTANCE OF SERVICE I accept service of the Complaint Under Section 3301 ( c) of the Divorce Code. certify that I am authorized to accept service on behalf of defendant. May 24, 2005 Date hg~ Marlin R McCaleb, Esquire PA Supreme Court ID No. 6353 P.O. Box 230 219 East Main Street Mechanicsburg, PA 17055 (717) 691-7770 ~ CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Acceptance of Service was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on May 26, 2005, at Etters, Pennsylvania: Marlin R. McCaleb, Esquire P.O. Box 230 Mechanicsburg, PA 17055 c:==- ? -( ? L--- Richard C. Seneca, Esquire n ....' 0 C':;:' ( ,~, ~,-I ",j' :.~ - -r--n f'~" ...J :~," ,,-,0 <-oJ .. Q - CHERYL HUTTER HUMES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 05-2554- Civil : CIVIL ACTION - LAW v. : IN DIVORCE DONALD C. HUMES, Defendant. PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Cheryl Hutter Humes, by and through her attorney, seeking the grant of alimony pendente lite and in support thereof avers as follows: 1. Petitioner is Cheryl Hutter Humes, Plaintiff in the above-captioned divorce matter. 2. Respondent is Donald C. Humes, Defendant in the above-captioned divorce matter. 3. On May 18, 2005, Petitioner filed a Complaint Under Section 3301 ( c) of the Divorce Code which included, inter alia, a request for alimony pendente lite at Count II. A copy of the complaint is attached hereto as Exhibit "A." 4. Petitioner lacks sufficient property or income to provide for her reasonable needs and expenses during the course of this litigation. 5. Petitioner requests reasonable support to adequately maintain herself. 6. Petitioner has employed counsel and requires reasonable income to pay the fees and costs associated with this litigation. Page I of 2 7, A copy of the DRS Attachment for APL Proceedings is attached hereto. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order of Alimony Pendente Lite. Respectfully submitted, L-, Richard C. Seneca, Esquire Supreme Court I.D, No, 49807 564 Old York Road Etters, PA 17319 (717) 932-0465 Page 2 of 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL HUTTER HUMES, Plaintiff, : No. 1"5 c ~<<tf/' Ctt~? : Civil Action -law ~", , J v. : Divorce _u_l DONALD C. HUMES, c,. Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS f"> .(.,) f\,,:- .... 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 Petitioner. 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: Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 EXHIBIT "A" AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA 8100 OEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. 8e Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, or propiedades u otros derechos importantes para usted, Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 45 North George Street, York, Pennsylvania 17401. 81 USTED NO RELAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDlATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO, : CIVIL ACTION - LAW CHERYL HUTTER HUMES, v. : IN DIVORCE DONALD C HUMES, Defendant. COMPLAINT UNDER SECTION 33011 c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Cheryl Hutter Humes, by and through her legal counsel, to seek the following relief and in support thereof avers as follows: COUNT I - DIVORCE 1, Plaintiff is Cheryl Hutter Humes, who currently resides at 403 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Donald C. Humes, who currently resides at 186 Konhaus Road, Silver Spring Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 11, 1987, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6, Defendant is not a member of the Armed Forces of the United States of America I or any of its Allies. 7, This marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests that this Honorable Court enter a decree of divorce pursuant to Section 3301 ( c) of the Divorce Code. COUNT II - ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS & EXPENSES 9, The averments of Paragraphs 1 through 8 of this Complaint are incorporated herein as if set forth at length. 10. By reason of the institution of the action to the above-term and number, Plaintiff will be and has been put to considerable expenses in the preparation of her case, in the employment of counsel, and the payment of costs. 11. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 12, Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 13, Defendant has adequate earnings to provide support for Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiffs counsel fees, costs and expenses, 2 COUNT III - ALIMONY 14. The averments of Paragraphs 1 through 13 ofthis Complaint are incorporated herein as if set forth at length. 15, Plaintiff lacks sufficient property to provide for her reasonable needs. 16. Plaintiff is unable to sufficiently support herself through appropriate employment. 17, Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff. WHEREFORE, pursuant to Section 3701 of the Divorce Code, Plaintiff requests this Honorable Court to award permanent alimony for Plaintiff. COUNT IV - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 18. The averments of Paragraphs 1 through 17 of this Complaint are incorporated herein as if set forth at length. 19. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 et seq. of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties, COUNT V - CUSTODY 20. The averments of Paragraphs 1 through 19 ofthis Complaint are incorporated herein as if set forth at length. 21. Plaintiff seeks custody of the following child born of the marriage to the parties: 3 Name Present Residence AQe Jordan Ray Humes 186 Konhaus Road Mechanicsburg, PA 17050 (Silver Spring Township) 22. Defendant currently has primary custody of the child at 186 Konhaus Road, a. 13 Silver Spring Township, Pennsylvania. 23, The child was not born out of wedlock. 24. During the past five years the child has resided with the Plaintiff and Defendant at the marital domicile of 186 Konhaus Road, Silver Spring Township, Pennsylvania until the date of the parties separation on April 12, 2005, 25, The mother of the child is the Plaintiff, currently residing at 403 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania. 26. The father of the child is the Defendant, currently residing at 186 Konhaus Road, Silver Spring Township, Cumberland County, Pennsylvania. 27. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the child in this court or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 28. The best interest and permanent welfare of the child will be served by granting the relief requested as the child will benefit by the continued nurturing, care, custody and guidance of his father and mother. 29, Each parent whose parental right to the child has not been terminated 4 and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody of the child to the Plaintiff and Defendant. ~ r:.. p~ .. Richard C. Seneca, Esquire PA Supreme Court ID. No. 49807 564 Old Yorl< Road Etters, PA 17319 (717) 932-0465 Attorney for Plaintiff 5 VERIFICATION I verify that the answers set forth in the foregoing Complaint Under Section 3301 (c) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties set forth in the Pennsylvania Crimes Code. (\ \) ,/IU.i.. ~'l . ' ! '" .. ,.,: -----------. Cti I Hutter Humes Dated: ~-\2-{)S SEP-14-05 13:21 FROM-Cumberland County Domestic RBlallons +17172406248 T-793 p,0021003 F-673 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL HUTTER HUMES, Plaintiff NO. 05-2554-Civil V. DONALD C. HUMES Defendant CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS . .. . . . . PETIT IONEt!., NAME Cheryl Hutter Humes ADDRESS 403 W Marble St., Mechanicsburg, PA BIRTH DATE June 25, 1957 SOCIAL SECURITY NUMBER 167-38-9733 HOME PHONE (717) 856-9781 WORK PHONE (717) 783-6424 EMPLOYER NAME PA House of Representatives EMPLOYER ADDRESS Main Capitol, Harrisburg, PA 17120 JOB TITLE/POSITION Secretary DATE EMPLOYMENT COMMENCED Anril 2005 GROSS PAY $25,800 annual NET PAX $684.71 bi-weeklv OTHER INCOME $400 annually from PNC Stock ATTORNEY'S NAME Richard C. Seneca, Esquire ATTORNEY'S ADDRESS 564 Old York Rd., Etters PA 17319 ATTORNEY'S PHONE NUMBER (717) 932-0465 17055 EXHIBIT "B" SEP-14-0i 13:21 FROM-Cumberland County Damestic Reiations +17172406248 T-7S3 P003/003 F-673 RESPOWENT , NAME Donald C. Humes ADDRESS 186 Konhaus Rd., Mechanicsburg, FA BIRTH DATE SePtember 29 1938 SOCIAL SECURITY NUMBER 204-26-9733 HOME PHONE (717) 766 -3968 WORK PHONE EMPLOYER NAME Self-Employed EMPLOYER ADDRESS JOB TITLE/POSITION Painter DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME Marlin R. McCaleb. Esquire ATTORNEY'S ADDRESS P.O. Box 230, Mechanicsburg, PA 170 AT':'ORNEY'$ PHONE NUMBER (717) 691-7770 17050 55 . . MMRIAGE INFORMATION... . DATE OF MARRIAGE July 11 1987 , PLACE OF MARRIAGE Mechanicsburg, Pennsylvania DATE OF SEPARATION April 12. 2005 ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUM~T Complaint Under Section 3301(c) RA7SING APL CLAIM of the Divorce Code, Count II DATE APL DOCUMENT FILED May 18, 2005 VERIFICATION I verify that the answers set forth in the foregoing Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties set forth in the Pennsylvania Crimes Code. ~,~k Dated: C\ - \ <: - D\ CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Petition for Alimony Pendente was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on September /5 ,.2005, at Etters, Pennsylvania: Marlin R. McCaleb, Esquire P.O. Box 230 Mechanicsburg, PA 17055 c.. 2~..~~ Richard C. Seneca, Esquire ~ --0 -L. ..t- o ~ ..... = ~ (J) r>"\ --0 o ~': ;'2 r~'\ .- ~ ~;5:(;~', ....<:: . r; ',,~, ';:~: ,"" Cr1",: '5:~~?~ >:', :-<. - Cf' ..." :>> ~ ~ ~ :1;~. -D bl ::.r~\ 96 Z,?f\ a .0-\ ;P.; ~ t';? cn cP - ---------- CHERYL H. HUMES, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DONALD C. HUMES, DefendantlRespondnet NO. 2005-2554 CML TERM IN DIVORCE PACSES # 196107662 ORDER OF COURT AND NOW, this 19th day of September, 2005, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 3. 2005 at 10:30 A.M. for a conference, at 13 N. Hanover St, Carlisle, P A 17013, after which the conference officer may reconunend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest BY THE COURT, George E. Hoffer, President Judge Mail copies on 09/19/05 to: Petitioner Respondent Richard C. Seneca, Esq. Marlin R. McCaleb, Esq. Date of Order: Sentember 19. 2005 L ~ . J. S dday, onference o~cer ( I YOU HAVE THE RIGHT TO ALA WYER, WHO MAY ATTEND THE CONFERENCE AND " REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 o c :;.;::" -,:....i:L n-1r 2';:' z: ;, U). (::\ ~C-; ~~~~'. -'7 ~:'"-\ -<. ,.., ~ (/) Cd - U> ~ ~-n ri"'\r:=: ~q qC"> ::c -'n ("-=):1'.1 ~...O CS(T1 -.\ ?P -'" -0 ::; <.!? .r:- .:;- ~ .. CHERYL HUTTER HUMES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, : NO. 05-2554 Civil : CIVIL ACTION - LAW v. : IN DIVORCE DONALD C. HUMES, Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 18, 2005, and served upon the Defendant's attorney by First Class, U.S. Mail, postage prepaid, on or about May 24, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I am not a member of the armed forces, nor in active military service, or the United States of America or any other state or country. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: December 7, 2005 Humes, Plaintiff .... CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Affidavit of Consent was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on December 8, 2005, at Etters, Pennsylvania: Marlin R. McCaleb, Esquire P.O. Box 230 Mechanicsburg, PA 17055 c- ~~ Richard C. Seneca, Esquire ;1 .\ '-,', , ,. ... CHERYL HUTTER HUMES, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , : NO. 05-2554 Civil : CIVIL ACTION - LAW v. : IN DIVORCE DONALD C. HUMES, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification of authorities. Date: December 7,2005 .... - CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Waiver of Notice of Intention to Request Entry of a Divorce Decree Under ~3301 (c) of the Divorce Code was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on December 8, 2005, at Etters, Pennsylvania: Marlin R. McCaleb, Esquire P.O. Box 230 Mechanicsburg, PA 17055 ~~ Richard C. Seneca, Esquire .---) / (:. -------- - CHERYL HUTTER HUMES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 'IS. NO. 05-2554 CIVIL DONALD C. HUMES, Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 18, 2005, and served on my attorney by First Class U.S. Mail, postage prepaid, on or about May 24, 2005. 2. The marriage of plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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 Fa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: December 5, 2005 (" tL/cJ1.<cf f~ ~ . Ii.... /...1.>- bl- Dona d C. Humes, Defendant lAW \. )Hhl~ I1ARI IN R. McC^lFH c... c:) - ~ CHERYL HUTTER HUMES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-2554 CIVIL DONALD C. HUMES, Defendant CIVIL 1',CTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (e) 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 aefter 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 Ie Pa. C.S. Section ~4904, relating to unsworn falsification to a~thorities. Date: December 5, 2005 /' , ~-" '1 / I ! /l.l.> k..l.-k (. /-laJJlk ~ Donald C. Humes, Defendant L;\\V Of-f'ICIS MARLIN R. McCALFR '. " In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CHERYL H. HUMES ) Docket Number 05-2554 CIVIL Plaintiff ) vs. ) PACSES Case Number 196107662 DONALD C. HUMES ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 19TH DAY OF DECEMBER, 2005 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G9 Other ALIMONY PENDENTE LITE filed on SEPTEMBER 16, 2005 in the above captioned matter is dismissed without prejudice due to: THE PARTIES EXECUTING A PROPERTY SETTLEMENT AGREEMENT AND WIFE WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE. o . !he Complaint or Petition may be reinstated upon written application of the plaintiff pettttoner. J JUDGE DRO: R. J. Shadday Service Type M Form OE-506 Worker ID 21005 () "', 0 c~..:.) ~ C-:"J -rl C,Fl c:J rTl C) N N -c -.--L'. , ". c.' (.,,0 . . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this ')f/l day of j.:h~ 2005, by and between CHERYL H. HUMES, of Silver Spring Township, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," and DONALD C. HUMES, of the same place, party of the second part, hereinafter referred to as "Husband." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on July 11, 1987; and WHEREAS, certain differences have arisen between the parties as a consequence of which they have separated and they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, Wife has commenced an Action in Divorce against Husband in the Court of Common Pleas of Cumberland County, Pennsylvania, filed May 18, 2005, to No. 05-2554 Civil Term, on the basis that the marriage is irretrievably broken; and WHEREAS, the parties desire to confirm their separation and further desire to enter into an agreement for the final settlement of their property and affairs incident to said separation and Action in Divorce. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises hereinafter mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: I. SEPARATION. It shall be lawful for each party at all times hereafter to live tAl/Ii Or! IU <; MARLIN R, McCALER . . separate and apart from the other party, at such place or places as he or she from time to time may chose or deem fit. 2. NONINTERFERENCE. Each party shall be free from interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party. L;\VIi 01 HC(<; MARLIN R. McCALER -2- . . 4. PROPERTY The parties hereto acknowledge and agree that they acquired various assets before and during their marriage, whether the same are held jointly or individually by the parties hereto, as follows: (a) Real Estate. Husband acquired the marital home at 186 Konhaus Road, Silver Spring Township, Cumberland County, Pennsylvania, in his own name by deed of Nancy L. Humes, dated August II, 1986, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "C", Volume 32, Page 348. The property has a 2004 real estate tax assessment in the amount of $180,400.00. The property is free and clear of liens and encumbrances. (b) Bank Accounts. The parties acquired the following bank accounts: 1. The parties acquired joint bank accounts as follows: A. Regular Shares Account at Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $5.00; B. Certificate No. 238-5678 at Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $25,299.72; C. Certificate No. 23S-5697, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $25,291.60; D. Money Market Account at Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $4,435.57. ii. Husband acquired the following bank accounts in his sole name, as follows: L/WV (Jf-FI(tS -3- MARUN R. McCALEL3 . . A. Share Draft Account at Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $2,642.27; B. Certificate No. 50-3345, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $7,858.23; C. Certificate No. 51-1158, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $14,082.69; D. Certificate No. 51-2745, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $12,096.98; E. Certificate No. 53-4749, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $41,173.16; F. Certificate No. 55-5283, Susquehanna Valley Federal Credit Union, having a balance as of February 28, 2005, in the amount of $30,721.27. iii. Wife acquired the following bank accounts in her name, as follows: A. Savings Account No. 167387226 at PSECU, having a balance as of March 26, 2005, in the amount of $14,040.00; B. Regular Share Account at Susquehanna Valley Federal Credit Union, in the names of Wife and their son, Jordan R. Humes, having a balance as of December 31, 2004, in the amount of $6,586.58. (c) Investments. Wife has acquired 100 shares of the common stock of PNC Financial Corp., having a value as of March 23, 2005, in the amount of $5,099.00. (d) Retirement Benefits and Accounts. The parties acquired the following LAIN Of!I<TC, -4 - MARLIN R, McCAlER . . retirement benefits and/or accounts: L Husband acquired the following benefits or accounts: A. Vested retirement benefits through the Pennsylvania State Employees' Retirement System, which is now in pay status and results in a gross monthly payment of $3,389.90; B. IRA Account No. 872-83526 at Merrill Lynch, having a value as of January 31, 2005, in the amount of $107,866.54. ii. Wife acquired the following benefits or accounts: A. Unvested retirement benefits through the State Employees' Retirement System, based upon 11.1406 years of service as of December 31,2003, and having a total balance as of that date in the amount of $18,219.81; B. Unvested retirement benefits through the Public School Employees' Retirement System, based upon 3.75 years of service as of June 30, 2003, and having a total balance as of that date in the amount of $2,136.0 I. (e) Automobiles. The parties have jointly acquired the following motor vehicles: a 2003 Ford Explorer, having an estimated value of $22,030.00; a 2004 Ford Ranger, having an estimated value of $11,465.00; and a 2001 BMW Z3, having an estimated value of $21,105.00. (1) Household Contents. The parties acquired various items of household goods, contents, furniture and furnishings and tools of undetermined value, which items are not listed herein but which are known to the parties hereto. LAW (JIFIU.S -5- MARLIN R. McCAlER . . 5. MARITAL DEBT. The parties incurred marital debt to Ford Motor Company in 2002, in the original principal amount of $23,000.00, for the purchase of the 2002 Ford Explorer, payable in monthly installments of $208.20, with a remaining balance owed of approximately $2,244.58 as of October I, 2005. 6. INCOME. Husband is a retired teacher and has a gross monthly income from the Pennsylvania State Employees' Retirement Service in the amount of $3,389.90, and a gross monthly payment from Social Security in the amount of $1,472.00. In addition, Husband is self-employed as a painter with an average annual net profit (2002-2004) of $5,571.33. Wife is presently employed as a secretary for the Pennsylvania House of Representatives, with an annual gross salary of $25,800.00. 7. DISCLOSURE. The parties do hereby warrant, represent, declare, acknowledge and agree that the information set forth in Paragraphs 4 through 6, above, is true, correct and accurate as of the date or dates referred to and represents the full and complete disclosure by each party to the other of the real and/or personal property, estate, assets, earnings and income of each party and any further disclosure thereof is hereby specifically waived. 8. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets and liabilities described in Paragraphs 4 and 5, above, have been, or are hereby being, divided and distributed between them as follows: (a) Real Estate. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the real estate known and numbered as 186 Konhaus Road, I NvV Oil J(.T_~ -6- MARLIN R. McCALEB . . Silver Spring Township, Cumberland County, Pennsylvania, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (b) Bank Accounts. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the bank accounts as described in Paragraph 4(b)(i) and (ii), above, and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Wife's account at PSECU as described in Paragraph 4(b)(iii)(A), above, and Husband covenants and agrees that Wife shall be and remain the sole and separate owner of same. The bank account described in Paragraph 4(b)(iii)(B), above, shall be transferred to a custodial account pursuant to the Pennsylvania Uniform Transfers to Minors Act, with Husband as the custodian thereof for the benefit of their minor child, Jordan R. Humes. (c) Investments. Husband hereby relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the shares of stock in PNC Financial Corp. as described in Paragraph 4(c), above, and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (d) Retirement Benefits and Accounts. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to Husband's retirement benefits and accounts as more fully set forth and described in Paragraph 4(d)(i), above, and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. Husband hereby relinquishes and disclaims any and all ownership, right, L,'\W ()f"f-iUS MARLIN R. McCALEB -7- . . title, interest and claim in and to the retirement benefits and accounts more fully set forth and described in Paragraph 4(d)(ii), above, and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. (e) Automobiles. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 2003 Ford Explorer and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife covenants and agrees to assume and pay the full remaining balance of the marital debt described in Paragraph 5, above, and Wife further covenants and agrees to indemnify Husband and save him harmless from any and all liability or claim on account of said debt from and after the date hereof. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to the 2004 Ford Ranger and the 2001 BMW Z3 and Wife covenants and agrees that Husband shall be and remain the sole and separate owner of same. (1) Household Contents. The parties have heretofore divided between them the household goods, contents, furniture, furnishings and tools. Husband relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property now in the possession of Wife and Husband covenants and agrees that Wife shall hereafter be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title, interest and claim in and to said items of personal property in the possession of Husband and Wife covenants and agrees that Husband shall hereafter be and remain the sole and separate owner of same. LAVI/ (Hf'ln s -8- MARLIN R. McCALEB . . (g) Cash. Husband shall pay to Wife the sum of $150,000.00 in cash, payable as follows: the sum of $50,000.00 in cash upon the execution and delivery of this Agreement; and the sum of $100,000.00 in cash upon the issuance of a decree in divorce in the Action in Divorce now pending. 9. INDEMNIFICATION FOR FUTURE DEBTS. Except as otherwise provided in Paragraph 8(e), above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind and nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and after the date hereof. 10. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he and she were unmarried. 11. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights resulting from their marriage, including but not limited to the following: spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, the equitable distribution of marital property, L/\\II/ Off-IUS -9- MARLIN R. McCALE13 . . as well as the right to seek discovery of assets through interrogatories andlor depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of the final order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein. Specifically, both parties covenant and agree that: both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party; neither party will at any time seek or accept alimony pendente lite, counsel fees, costs or expenses from the other party; neither will seek discovery of assets; and the parties have effected an equitable distribution of their marital property and neither will seek further distribution by any action at law or in equity. 12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and after the date hereof. 13. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full I,c\'W O!-"CTS MARLIN R. McCALEB -10- . . force and effect to the terms and provisions of this Agreement. 14. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise. This Agreement is not intended to condone, and shall not be deemed to be a condonation on the part of either party hereto of, any act or acts on the part of either party which may have occurred prior to, or which may occur subsequent to, the date hereof. It is understood, however, that the parties intend to dissolve their marriage by way of the aforesaid Action in Divorce pursuant to Section 330l(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken and both parties agree to forthwith execute and file the appropriate Affidavits of Consent and Waivers of Notice necessary to complete said Action in Divorce on the basis of mutual consent. Both parties agree that the terms of this Agreement shall be incorporated into, but not merged with, any Decree of Divorce which may be entered with respect to the parties and both parties agree to take all reasonable steps to have this Agreement incorporated into (but not merged with) any such Decree. The parties further agree that the Court of Common Pleas that enters such Decree of Divorce shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions thereof. 15. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is L/\V\/ ()lflC~S -11- MARLIN R. McCALEB . . held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 16. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17. ADVICE OF COUNSEL. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to same. Wife has engaged the services of Richard C. Seneca, Esquire, and Husband has engaged the services of Marlin R. McCaleb, Esquire, and each party has carefully reviewed the terms and conditions of this Agreement with counselor has had the opportunity to do so. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe that there has been full disclosure of assets, that they believe this Agreement to be fair, reasonable and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the 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. 18. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both parties further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 19. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding I.A\-\I OITIClS MARLIN R. McCAI EB -12- . . upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESSETH: ~~----- ~~ ~tf (SEAL) (~/:rv, ~ ~,~ (' /-Icf..1.~.u:.<1- Donald C. Humes (SEAL) lAW Orll(TS MARLIN R. McCALFL3 -13 - .. . . COMMONWEALTH OF PENNSYLVANIA) COUNTY OF 'Y Cl (' 'l ~ SS. On this, the f day of _~G-ut ' 2005, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared CHERYL H. HUMES known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~.~ Notary Public (SEAL) NOTARIAL SEAL SUSAN L SENECA, NOTARY PlIBlIC FAlRVIEW TV/F, YORK COllNTY MY COMMISSION EXPlilES FEB. 25 2006 COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the ~Il day of j)e<-p...6..-v ,2005, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared DONALD C. HUMES, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto s (SEAL) -14- Notary Public \--~-Nct;~ Seal Marlin R. Me-Caleb, Notary PubliC M!~c;hanicsburg Boro, Cumbmland County ; My C()m~~?~~PII c,~ Dl~~~4, 2006_ 1-;;:;"rYi,~'-:-;'-"~"<'':':~:'f\~J Jj~S'f:;~:;'::: ,'y \-:,:;,1,(;::, I A\\' ()ffl(IS MARLIN R. McCAU-B () l'"' ..~ r:;' o -"n .--{ <._ -:7::-T1 ~l~ir-::, -:-' ~ .) co \_' CC ". \ t~" ."'~ .:;:- IN THE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2554 CIVIL .J& 2005 CHERYL HUTTER HUMES, Plaintiff, vs. DONALD C. HUMES Defenant. 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) J30ax~~a~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of se:rvice of the ccmplaint: Acceptance of Service by Defendant's attorney on May 24, 2005. 3. Ccmplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff December 7, 2005 by the defendant December 5, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of se:rvice of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of se:rvice of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Plaintiff signed a Waiver of Notice of Intention to Request Entry of Divorce Decree Under ~3301(c) of the Divorce Code on December 7, 2005, and Defendant signed the said Waiver on December 5, 2005. ""'-- ~ Attorney Richard for Plaintiffpoef~~~ C. Seneca, Esquire o -,1 .-1 c.- 7; ,,, CD c. <.-0 ..~ " . CERTIFICATE OF SERVICE I hereby certify that a copy of the attached Praecipe to Transmit Record was served upon the following person by depositing the same in the U.S. Mail, First Class, postage prepaid, on January 6, 2006, at Etters, Pennsylvania: Marlin R. McCaleb, Esquire P.O. Box 230 Mechanicsburg, PA 17055 '- Richard C. Seneca, Esquire o -n '- >~ C;J c:> C,) '!''+. ;f.Of. Of.:f. . . . . . .. .. . . .. .. . .. . .. . . .. . . . . .. .. . .. . .. .. .. . .. . .. .. . . .. . . .. . . .. . . . .. .. .. .. ;f. ;f.:+:;f.+.;f. +.+.+.+.'+:+.+.'f.+'Of+. +. +. .. .. .. . .. .. .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY CHERYL HUTTER HUMES, PENNA. STATE OF No. 05-2554 Civil Plaintiff, VERSUS DONALD C. HUMES, Defendant. DECREE IN DIVORCE . . . , . .. . .. . .. . . .. .. . . .. . . . . .. .. . . . .. .. .. .. . . .. . . . . . . .. . . . .. .. . . . .. . . AND NOW, J ?- '" u <t \ l z5 CHERYL HUTTER HUMES , 200b, IT IS ORDERED AND DECREED THAT , PLAINTIFF, DONALD C. HUMES , DEFENDANT, AND 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; The terms and conditions of the Property Settlement Agreement entered into between the parties on December 5, 2005, shall be incorporated herein and made a part hereof by reference as if more fully set forth, however, the said Agreement shall not be merged into but shall survive the Decree. AT ST: ?c? ~ ~OT"O"O,^"' . . . :+',+,Of+':+' '+'+. +.+.+.+. '+':+:+.+. +. +. +.+.+.+.+.+ +.+.+.Of;f.'+:+.+.+.+'+'+,'+' +'Of:+.:+'+' ot'Of.:+: :+: :tOot''+' +.+.+.+.+.'+' J. . . . .. . .. . . . . . . .. . .. .. . .. . .. .. .. . . . . . . . .. . . .. . . . . .. . .. .. .. .. .. . . . .. .. . . .. . . . . .. . . . .. .. . . . .. . . . . .. . .. . .. . . .. . . . . .. . .. .. . .. .. . .. .. . +. Of ",'I' PfI""'W Y' J' /fJ ,d ,~~,t, 'Jl~t' / ~ $t'? ,;V"fT',",M;;;J F" 0)'''K.' . - //-----