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HomeMy WebLinkAbout05-4345 I II ADRIANA C. SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- .L; 34 S CIVIL TERM HUGO A. SHUTE, Defendant 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 II I Ii ADRIANA C. SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- .L/ J/..JS CIVIL TERM V. HUGO A. SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant DIVORCE COMPLAINT 1. Plaintiff is Adriana C. Shute, an adult individual residing at 1415 Timber Brook Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050-9160. 2. Defendant is Hugo A. Shute, an adult individual residing 1415 Timber Brook Drive, Cumberland County, Pennsylvania 17050-9160. 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. The Plaintiff and Defendant were married on June 30, 1978, in San Isidro, Peru. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties, 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling, 9. Plaintiff requests the court to enter a decree of divorce. II I WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the plaintiff and against the Defendant. J, I COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property, Respectfully submitted, O'BRIEN, BARIC & SCHERER 1fi!~ / Icha A. Scherer 1.0,#61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Adriana C, Shute mas,dir/domestic/shute/complaint,pld ADRIANA C. SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO, 2005- CIVIL TERM HUGO A. SHUTE, Defendant CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, S 4904, relating to unsworn falsification to authorities, Date: August \ 9 ,2005 u~~- ADRIANA C, SHU \.:> 7' \.., ~ J::: lJ" <rt ....:<: Ii'- "\) -...:t w ~ TJ \l ~ -i.C4. ~ ~~ \) \) \) fA c) Vl.. \) c C> \ '"J::J....... F b ~~ ..~~ ~ r--:) (,~\ ~~:;J ~ -:g,..,., ~,,,. \-fi~a ~c.;:\ -(.~ \'..::1 (;- ~',}\ ~ ' ~:> C\\..'._. -,....,. ';;:"~:;i.; -:;" ....L-.) -;:;') [') ...-(~ '~-'< (:;\ ::;:.. ",,~>).\ "l ::~ ~ "11 .' :"2 .- o I Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4345 CIVIL TERM CIVIL ACTION-LII.W IN DIVORCE ADRIANA C, SHUTE, Plaintiff v, HUGO A. SHUTE, ACCEPTANCE OF SERVICE AND NOW, this 2/1 day of /iU6US!, 2005, I, Hugo A, Shute, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ,...., t';::? '-~ <J' ~-.,. ~:~ G') 0' '-f! w 0'\ ~ .-1 :1;:n f1;c: -,"11 '.": -~)y' i:;;() -:.c.,!" >-""\"I ~~~f\ ~ - II ADRIANA C, SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 2005-4345 CIVIL TERM HUGO A. SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant i , I I I , i I I II DEFENDANT'S AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301/c} OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 24, 2005. 2, Defendant acknowledged receipt and accepted service of the Complaint on August 29, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7, I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling, 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.SA s4904 relating to unsworn falsification to authorities. ^ Date: December D:;l ,2005 ~if ' : ~ .~,i.~e; r--' .:::::.0 = ("Jl o i~' C' C_,) N o --01 ~ ':C..,., rl'P -nfD -:JI:.:/ .~~l '~~,~A s:, ,-<; 9? <.J'1 I'~ il ADRIANA C, SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO, 2005-4345 CIVIL TERM HUGO A. SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE II II I I I 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on August 24, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4, 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 I I I II 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling, I do not request that the Court require counseling. 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.SA 94904 relating to unsworn falsification to authorities. Date: f,tbN..(, i l-oOb ~~~ Adriana C. Shute b """ c;-'-" -., c-n 'co , '-" (,') .,~ -j -\~ --n file: ~?;\Z;; .) ,"', .., ~ ::::'.': .,_c, ~\~Il:0A -?:. ,.'.;,. - 9 - .r ADRIANA C. SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-4345 CIVIL TERM V, HUGO A. SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant STIPULATION TO PERMIT FILING OF AMENDED DIVORCE COMPLAINT I I I II II I 1. The Plaintiff is Adriana C, Shute, an adult individual residing at 105 November Lane, Apt. 1, Camp Hill, Cumberland County, Pennsylvania 17011, 2, The Defendant is Hugo A. Shute, an adult individual residing at 5041 Haverford Road, Apt. B, Harrisburg, Dauphin County, Pennsylvania 17109. 3. The parties are desirous of finalizing their divorce and both parties have signed Affidavits of Consent and Waivers of Notice of Intention To Request Entry Of A Divorce Decree. 4. The parties have discovered that the date of marriage listed in the Divorce Complaint is incorrect. 5. The parties wish to correct the pleadings in this matter to reflect the correct date of marriage. 6. The parties hereby agree that Wife shall be permitted to file an Amended Complaint for the purpose of correcting the erroneous date of marriage in the Divorce Complaint and accurately seUing forth the date of marriage as June 2, 1978, WITNESS: ....... ..... '..,., t..,...__'""".,~... /'.".,4'-J.J~;i Jt/0q JV Adriana C. Shute Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 l'llfJ. Oft, Date: ',--,'2..- \ '\ '1..'-' .>C_ <.._n.-tl'" .' ~~ Date: \=EB Q J..D, Q,{Y.::iO , Date: ",," . ,~' Ct.' -;"j UI \..,(" II ..... ADRIANA C, SHUTE, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-4345 CIVIL TERM HUGO A. SHUTE, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS i,'1 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 I: case may proceed without you and a decree of divorce or annuimeni may be entered against :i you by the court, A judgment may also be entered against you for any other claim or relief [I requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. I 'I IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, 1'1 LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. I " II Ii ,I I , 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ADRIANA C, SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4345 CIVIL TERM V. HUGO A. SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant AMENDED DIVORCE COMPLAINT AND NOW, comes Adriana C. Shute, by and through her attorney, Michael A, Scherer, Esquire and files this Amended Divorce Complaint for the purpose of correcting the erroneous date of marriage set forth in the Divorce Complaint filed in this matter on August 24, 2005, and respectfully represents as follows: 1. Plaintiff is Adriana C, Shute, an adult individual residing at 105 November Lane, Apt. 1, Camp Hill, Cumberland County, Pennsylvania 17011. 2, Defendant is Hugo A. Shute, an adult individual residing 5041 Haverford Road, Apt. B, Harrisburg, Dauphin County, Pennsylvania 17109. I I II 'I I, Ii 'I il 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. The Plaintiff and Defendant were married on June 2, 1978, in San Isidro, Peru, COUNT I - DIVORCE 5, Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6, There have been no prior actions of divorce or for annulment between the parties, 7, The marriage is irretrievably broken, 8, The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling, 9, Plaintiff requests the court to enter a decree of divorce, WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above, 11, The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, , I, ii 'I 'I I some of which is marital property, WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~;; n- il 'I I I Michael A. Scherer, Esquire I.D, # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Adriana C, Shute mas\Oomestic\Shute\amendeddivorce.comp \- 1\ I. ~ V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4345 CIVIL TERM ADRIANA C, SHUTE, Plaintiff Defendant CIVIL ACTION-LAW IN DIVORCE HUGO A. SHUTE, VERIFICATION I verify that the statements made in this Amended Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.SA ~ 4904, relating to unsworn falsification to authorities. , " Date: February \ '-\ ,2006 <~c,s-:'\....,.;:;- ""' .,~'> '.' . .- 't. _ ~,.; "'-,~. Adriana C. Shute :.::--1 Co,) ;il r,.) G.l C.:: c:.' C> ADRIANA C, SHUTE, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-4345 CIVIL TERM HUGO A. SHUTE, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c)of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on August 29, 2005, 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on February 1, 2006; and Defendant on December 2, 2005. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4, Related claims pending: None, 5, Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, ~~ Michae A. ch rer, Esquire .,"" ._____..~,__....._._".w_.,_ II , jl ADRIANA C, SHUTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 2005-4345 CIVIL TERM HUGO A, SHUTE, CIVIL ACTION-LAW IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT 1" G' THIS AGREEMENT, made this 2D day of p,bl'-...JbI, , 2006, by and between Adriana C. Shute (hereinafter "Wife"), of Camp Hill, Cumberland County, Pennsylvania, and Hugo A, Shute (hereinafter "Husband"), of Harrisburg, Dauphin County, Pennsylvania" WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully I I II I i I, I i married on June 2, 1978 in Peru; and, WHEREAS, a divorce complaint was filed on August 24,2005; and, WHEREAS, three children were born of the marriage, and one of those children, Cecilia A. Shute, born April 14, 1990, is a minor; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective marital and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. ,I II II II I NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, husband and wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and wife may, at all times hereafter, live separate and apart at such places as they may desire, free from all control, restraint, interference and authority, direct or indirect, by the other. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Wife has secured legal advice from Michael A. Scherer, Esquire, her counsel, and Husband has chosen to be unrepresented by an attorney in this matter. Husband i 'I II II II understands that he has the right to be represented by his own lawyer and that Michae\ A. Scherer, Esquire, represents the interests of Wife in this matter. Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. -~ I 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each of the parties hereto further covenants and agrees for himself and I I I, \, I I I herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. I II II 11 i' i 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel may finalize the divorce action in a timely fashion. I I' II I' I' , , I I I I I 5. EQUITABLE DISTRIBUTION. A. Real Estate. The parties owned real estate as tenants by the entireties located at 1415 Timber Brook Drive, Mechanicsburg, Pennsylvania. This real estate was sold on September 7, 2005 and the parties agreed that the proceeds would be divided such that wife received the first $15,000.00 from the proceeds of the sale to reimburse her for her initial contribution to the purchase of the property, and the parties divided equally the remaining proceeds of $25,923.58, Neither party shall hereafter I I I i II I, II i , i \ I ,I Ii I II I make a claim to any sale proceeds which are in the possession of the other spouse and each spouse shall keep as their separate property the sale proceeds currently in their respective possessions. B. Furnishings and Personalty. The parties have divided by agreement between themselves all furnishings and personalty located in the marital residence and Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife and Wife shall retain all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. C. Motor Vehicles. Each party shall retain as their separate property the motor vehicle currently in their possession, and if the vehicle is titled jointly with the other spouse, that spouse agrees to release his or her interest in the vehicle by signing the title over to the other spouse within 30 days of the date of this agreement. I' , D. Retirement Benefits. The parties have each accrued retirement benefits. Husband previously worked for Vartan Enterprises and in connection therewith obtained a 401k account which has subsequently been rolled into an IRA. Wife hereby releases any ownership interest she may have in the IRA in Husband's name. Wife accrued retirement benefits her prior employer, Electronic Data Systems, Husband hereby releases any ownership interest he may have in the retirement benefits accruing to Wife from her previous employment with EDS. II E. Miscellaneous ProDerty. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to together. I Ii II I I I F. Marital Debt. The parties acknowledge and agree that there are no outstanding joint financial obligations. In the event there are any debts in the name of either party, that party shall be solely responsible for those debts and shall hold the other harmless on the obligations. 6. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Neither party shall pay the other spousal support, alimony pendente lite or alimony in connection with this separation and divorce, 7. PROVISIONS AS TO CHILDREN. A. Post-secondary Education EXDense. Additionally, Roman Shute is currently enrolled in a post-secondary educational program at Penn State University II and the parties agree to support their son in connection with his education, including the co-signing of loans for his educational expenses. Further, the parties anticipate that their daughter, Cecilia, will enroll in a post-secondary educational program and the parties agree to share in the expense of said educational program. B. Custody. The parties shall share legal custody of their daughter, Cecilia, Wife shall have primary physical custody of Cecilia and Husband shall have partial physical custody of Cecilia at such times as the parties from time to time agree. The parties shall not make disparaging remarks about one another in the company of II I ~ I any of their children. 8. RELEASE OF CLAIMS. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights I I and obligations which either party may have or at any time hereafter have for past, I, II present or future support or maintenance, alimony pendente lite, alimony, equitable 'I II I, distribution, counsel fees, costs, expenses, and any other right or obligation, economic Ii or otherwise, whether arising out of the marital relationship or otherwise, including all I rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein, 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. Ii 10. BREACH. If either party hereto breaches any provision hereof, 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. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses I I II il :1 II II il I and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 11. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 12. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this II I II Ii II II II I Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released, 13. NO CONTACT PROVISION. Husband shall not be able to approach wife or their children while in the company of Elsa Giselle Mautina Vereau. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments, WITNESS: /110 ifir , ~<-~ Adr' na C, Shute ---t--.., \../ ~~ fVl.l)~cl H ;Ii;f. ;f.;f.;f.:f. ;f. ;f.:f.:t-;;f.;f.:f.;f. ;f.;f.:f.:t-;:f.;f.:f.;f.:f.~ ;f.;f.;f.:f.~~;f. ;f.:f.;f.:f.~;f.;f.:f.;f.;f.;f.~~:f.;f.~~;f. ;j,::f.,.,:f.:f.;f,:f.:f.'tO:f. ;f. . . . . . . . . , . . . . . . . . PENNA, ~ ~;f. 'to;f. 'to:+';+; . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . . . . . + . . + . 2006 : . . + herein as a final Order of Court: . . . . . . . . . . + . . . . . . . + . . 'tO~~ 'to ~;f.~~~ ~~;f.~ STATE OF ADRIANA C. SHUTE, . . . . . + . . . , . . + . . . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . , . . . . + . . Plaintiff, No. VERSUS HUGO A. SHUTE, Defendant. DECREE IN DIVORCE AND NOW, "4 }) (L. 'to ADRIANA C. SHUTE DECREED THAT HUGO A. SHUTE AND ARE DIVORCED FROM TH E BON DS OF MATR I MONY, 2005 - 4345 CIVIL 260 t" IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE . . . . . . . . . . . . . . . YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT The parties' Marital Settlement Agreement dated February 20, is but not merqed, . . BYTHECO~ . . . , . . . , . . . . :f. 'f:+':t' :f.:+' ATTES J, <~~~'HONO'A"' . . ... ... .. :f. 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