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HomeMy WebLinkAbout02-1113GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. ! .- : 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 action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be emered 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 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, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 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. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. .- : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECHOE USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud, se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede set emitido en su contrapor las Corte. una decision puede tambien set emitida en su contra por caulquier otra queja o compensation eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible Pro onot y, en Cumberland Co n, CoW of Common P as, One Cou house uare, uaruste, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 GEORGE T. MUMMAU, Plaintiff YSo BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, George T. Mummau, by and through his attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is George T. Mummau, an adult individual with a mailing address of 6423 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Beith A. Mummau, an adult individual who currently resides at 5450 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 4. Plaintiff and Defendant were married on November 20, 1971, in Middletown, Dauphin County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since March 12, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. LAW OFFICES OF CRAIG A. DIEHL Dated: '~i, da A. Clotfelter}'Esquir~ ~ttorney ID No. 72963 ',,~464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 Attorney for Plaintiff GEORGE T. MUMMAU, Plaintiff YSo BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. _. : CIVIL ACTION - LAW : IN DIVORCE VERIFIC.._____~ATION I, GEORGE T. MUMMAU, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. GEORGI~['. MUMMAU GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : : NO. 02-1113 CIVIL : .. : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, George T. Mummau, do hereby affirm that the original return receipt of the Complaint in Divorce sent by Certified Mall, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Beth A. Murnmau, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unsworn falsification to authorities. ,I Complete Items 1, 2, and 3. A~o complete leto 4 ~ Resb'tcted ~ i$ dealrad. · print YOUr name and addrees on the reverse ~'.0 Attach thl~ card m the back of the mallp~ce, LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 17011 (717) 763-7613 GEORGE T. MUMMAU, Plaintiff BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1113 CIVIL : CIVIL ACTION - LAW : IN DIVORCE .CERTIFICATE OF SERVICE AND NOW, this ,T~/sze day of .?/~/z~ j?,.~_ ,2002, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Beth A. Mummau. 5450 Oxford Road Mechanicsburg, PA 17055 LAW OFFICES OF CRAIG A. DIEHL ~-f~t~phanle/A. Moore,/Legal Secretary 3464 Trindle Road Camp Hill, PA 17011 (717) 763 -7613 GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1113 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divome after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divome is granted. 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. Section 4904, relating to unsworn falsification to authorities. Date: IVliJMMAU, Plaintiff GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO. 02-1113 CIVIL .- _, : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF Tf-W~ 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. -GEORGe. MOMMKI~, Plaintiff GEORGE T. MUMMAU, Plaintiff BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 02-1113 CIVIL .. : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 5, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Bi~T-H A. MU-MM~L~¢fendant GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 02-1113 CIVIL : CIVIL ACTION - LAW : IN DIVORCE 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 statemems made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. POST-NUPTIAL AGREEMENT AGREEMENT made this by and between GEORGE TYSON MUMMAU (hereinafter called "Husband") and BETH ANN MUMMAU (hereinafter called "Wife"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on November 20, 1971 at Middletown, Pennsylvania. WHEREAS, diverse unhappy differences, disputes, and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: The settling of all matters betWeen them relating to ownership and equitable distributiOn of real and personal property; The settling of all matters between them relating to past, present and future support, alimony and/or maintenance of Husband by Wife or Wife by Husband; In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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: AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the parties hereto, and each of the parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution, prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such action which may, has been, or shall be instituted by the other party, or from making any just or proper defense thereto. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to them. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Gary J. Imblum, Esquire and Linda A. Cloffelter, Esquire and Wife was represented by Robert Mulderig, Esquire and Lori K. Serratelli, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or 'her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her; each of the parties understands and agrees that he or she shall not and will not do or say anything to the Children, at any time, which might in any way influence the Children adversely against the other party. MUTUAL RELEASE: Husband and wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of.any 4 former acts, contracts, engagements or liabilities of such other, or by way of dower or curtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations or whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTR: Each party understands that he or she has the right .to obtain from the other party a complete inventory or list of all of the property that either or both parties own 5 at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraiSals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for he or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that 6 property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the marital property as of the date of this Agreement, including, but without limitation; jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date of this Agreement shall be the sole, separate property of the Husband; irrespective of the foregoing provisions, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "A," which has been annexed hereto and made a part hereof which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, and Wife 7 hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "B" which has been annexed hereto and made a part hereof and which shall become the sole property of Husband. By these presents, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above-items which are the sole and separate property of the other from the date of execution hereof. AFTER-ACQUIRED PERSONAL PROPERTY: Each of the parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after July 1,2000, 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 or she were unmarried. 10. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade-in thereof, they agree as follows: a. The 1999 Mercury Sable shall be the sole and exclusive property of Wife. b. The 1991 Dodge Caravan and 1990 Plymouth Voyager shall be the sole and exclusive property of Husband. c. The 1992 Plymouth Voyager shall become the sole and exclusive property of the parties' child, Katie Mummau. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto doesspecifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 11. REAL PROPERTY: a. The parties acknowledge that certain parcels of property situate at 299 Stumpstown Road, Mechanicsburg, Cumberland County, 9 Pennsylvania and 793 Cloverleaf Road, Elizabethtown, Lancaster County, Pennsylvania were sold by the parties and the proceeds thereof are being held in an interest bearing escrow account. The parties stipulate and agree to utilize and distribute the proceeds being held in the escrow account as follows: TOTAL PROCEEDS $87,128.74 For Wedding (10,000.00) For School Tuition (10,000.00) To Wife (63,564.37) To Husband (3,564.37) Balance of Proceeds 0.00 The parties further agree that any accrued interest on.the escrow funds shall be shared equally and each party agrees to execute any documentation necessary to effectuate the release of the funds. The parties further stipulate and agree that the escrow agent shall issue a check to each party individually for his or her distribution per the terms of this Agreement. b. Husband is the owner of approximately 87% of the real estate situate and located at 6423 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. The parties agree that Wife shall execute a Deed at the time of the signing of this Agreement transferring all of her dght, title and interest in real estate to Husband. 10 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 13. RETIREMENT ACCOUNTS: Husband has two (2) Retirement Accounts. The Icon Account has an approximate balance of $29,737.50 and the Davis Account which has an approximate balance of $31,198.14. The parties acknowledge that the value of the accounts fluctuates on a daily basis. The parties further agree that said Retirement Accounts shall be divided equally between the parties utilizing the values of the accounts on the date of the execution of this Agreement, by splitting each account into two separate accounts, one in the name of each party. 14. LIABILITIES: During the course of the marriage, Wife and Husband have incurred certain bills and obligations, and have amassed a variety of debts, 11 and it is hereby agreed, without the necessity of ascertaining for what purpose and to who's use each of the bills were incurred, that the parties shall be responsible for the debts that each has separately incurred since July 1, 2000. 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other after July 1,2000, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of other may be liable. 12 17. WAIVER OF ALIMONY, SUPPORT AND MAINTENANCE: Husband and Wife do hereby waive, release, and give up any rights they may respectfully have against the other for alimony, support, or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. The parties hereby acknowledge that by this Agreement each has respectfully secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support in the station of life to which they are accustomed. 18. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30) days from demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of 13 income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part of the consideration made by each party for entering in this Agreement. 20. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the even a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 21. DIVORCE: A Complaint in Divorce has not been filed by either party. The parties agree that either party shall be free to proceed with a divorce action and either party may secure a divorce decree without further delay. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (c) of the Divorce Code, upon request. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action 14 may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 22. FEES, COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 24. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 25. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 15 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. SEVERABILITY: If any term, condition, clause or provision ofthis Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or prevision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any Party to meet his or her obligations under any one or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. NO WAIVER OF DEFAULT: The Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 16 29. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 30. HEADINGS NOT PART OF AGREEMENT: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a Par~ of this' Agreement nor shall they effect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: GEORGE~SON MUMMAU /~' ~//~ ~f""~ '/'/-~'d~'/~'~~ (SEAL) BETH ANN MUMM/(O- 17 COMMONWEALTH Of PENNSYLVANIA COUNTY Of ~ ~omp~,?;_w~,~ 'SS. On this, the /-7 day of /?') ~.:~'~ (' ~ ,2001, before me, a Notary Public in and for said Commonwealth and County, personally appeared GEORGE TYSON MUMMAU, known to me (or satisfactorily proven) to be the person whose names is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ c"L.~%~'~ On this, the l~ day of 'SS. ,2001, before me, a Notary Public in and for said Commonwealth and County, personally appeared BETH ANN MUMMAU, known to me (or satisfactorily proven) to be the person whose names is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: (SEAL) Notary Public 18 Refrigerator Corner Hutch Big Table and Chairs Teacher's Desk 3 - White Shelves Clock Table Sectional Computer 3 - End Tables Entertainment Center Television VCR Small Television SCHEDULE "A" Wife's Personal Property 19 SCHEDULE "B" Husband's Personal Property Stereo Older Chest of Drawers Small Table with 2 Chairs Living Room Couch, Love Seat, Chair and Ottoman Big Picture 3 Lamps Book Shelf Washer Dryer Chest of Drawers 2 - Desks Copier Computer Laptop Computer 2 - Printers Fax Machine Grill Filing Cabinets Tractor Bed Dresser Nightstand Buffet 20 GEORGE T. MUMMAU, Plaintiff VS. BETH A. MUMMAU, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1113 CIVIL _. .. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce 2. The Complaint was filed on March 5, 2002. 3. Date and manner of Service of the Complaint: Certified Mail, Restricted Delivery, Return Receipt Requested on March 16, 2002, as evidenced by the Affidavit of Service filed on March 22, 2002. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiffon June 19, 2002, and filed on June 25, 2002. The Defendant's Affidavit of Consent was executed on June 20, 2002, and filed on July 12, 2002. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divome Decree under 3301 (¢) of the Divorce Code on June 19, 2002, and said waiver was filed on June 25, 2002. Defendant executed a Waiver of Notice of Intention to Request Entry ora Divorce Decree trader 3301 (c) of the Divorce Code on June 20, 2002, and said waiver was filed on July 12, 2002. 6. There are no related claims pending. The parties have resolved all related issues by written agreement dated March 17, 2001. Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 17011 (717) 763-7613 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF GEORGE T. MUMMAU~ Plaintiff VERSUS BETH A. MUMMAU, Defendant PENNA. NO. 02-1113 Civil Term DECREE IN AND NOW it iS OrDErED and DECREED THAT GEORGE T. MUMMAU , PLAINTIFF, AND BETH A. MUMMAU , DEFENDant, are DIVORCED from THE BONDS Of matrimony. It is further ordered that the terms of the Post-Nuptial Agreement dated March 17, 200i, shall be incorporated ~herein, ~t not merged, for thepurmoses of enforcement. · he 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; PROTHONOTARY