Loading...
HomeMy WebLinkAbout02-2400 VERIFICATION I verify that the statements made in the foregoing Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Jess~ca L. Thumma DATED: 9. 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. WHEREFORE, Plaintiff respectfuily requests this Honorable Court to enter a decree in COUNT II -EOUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired 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, Plaintiffrespecffully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHE]?qER David A. Baric, Esquire DATE: ~/]~Z~ 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 divorce. JESSICA L. THUMMA, Plaintiff V. JOSEPH C. THUMMA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~./'/~Ot9 CIVIL ACTION CIVIL ACTION-LAW COMPLAINT UNDER SECTIONS 3301 (C~ AND 3301fD~ OF THE DIVORCE CODE 1. Plaintiff is Jessica L. Thumma, an adult individual who carrently resides at Route 1 Box 37-1-C, Mathias, West Virginia. 2. Defendant is Joseph C. Thumma, an adult individual who currently resides at 70 Lebo Road, Carlisle, Cumberland County, Pennsylvania. 3. Defendant has been a bona fide resident 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 11, 1999, in Cumberland County, Pennsylvania. 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 as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. JESSICA L. THUMMA, Plaintiff V. JOSEPH C. THUMMA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ~/~ CIVIL ACTION CIVIL ACTION-LAW 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 MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JESSICA L. THUMMA, : Plaintiff : : v. : : JOSEPH C. THUMMA, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2400 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AND CUSTODY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 JESSICA L. THUMMA, Plaintiff VS. JOSEPH C. THUMMA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 200~-2400 : CIVIL ACTION - LAW : IN DIVORCE and CUSTODY : : COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, Jessica L. Thumma, by her attorney, David A. Baric, Esquire, and files this Complaint and Agreement for Custody representing as follows: 1. Petitioner/Plaintiff, Jessica L. Thumma (hereinafter "Mother"), is an adult individual residing at Route 1, Box 37-1-C, Mathias, West Virginia, since May, 2002. 2. Respondent/Defendant, Joseph C. Thumma (hereinafter "Father), is an adult individual, who resides at 70 Lebo Road, Carlisle, Cumberland County, Pennsylvania, since November, 2001. 3. Petitioner/Plaintiff and Respondent/Defendant are the natural parents of a minor child, Joseph D. Thumma, born February 11, 2001, age one year, six (6) months. 4. The child resided in Cumberland County, Pennsylvania with the parties from the birth of the child until the parties' separation in May, 2002. The child has resided with the Mother in West Virginia since the parties' separation. 5. Petitioner and Respondent have not participated as a party, witness, or in any other capacity in other litigation concerning the custody of the child in this or another court. 6. Petitioner and Respondent have no information regarding any other custody proceeding concerning the child pending in a court of this Commonwealth. 7. Petitioner and Respondent do 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. 8. Petitioner and Respondent believe and therefore aver that the best interest and permanent welfare of the child require that the parties have shared legal and that the Petitioner have periods of physical custody of the child in accordance with their mutual agreement. 9. Both parties, as evidenced by their joint execution of this Complaint, have mutually agreed upon an amicable arrangement for legal and physical custody of the child and request that the Court enter an Order as provided below without the necessity of a hearing: child. ao The parties will have shared legal custody of the child. B. The Mother will have primary physical custody of the C. The Father will have partial physical custody of the child as follows: i. Every other weekend from Friday at 7:30 p.m. until Sunday at 5:00 p.m. -2- ii. On such holidays as the parties agree. iii. At such other times as the parties may from time to time agree. iv. The parties shall exchange custody of the child at a point approximately mid-way between their respective residences which is at the Liberty Gas Station at the Winchester, Virginia Exit 317 of Interstate Route 81. The parties shall meet at the Liberty Gas Station at the agreed upon times to exchange custody of the child in accordance with the Agreement as set forth above. D. The parties will keep each other advised immediately in the event of serious illness or emergency concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she desires consistent with the proper medical care of the child. E. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and affection for the other party. F. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. -3- G. The parties desire that their Agreement be made an Order of Court through the Court of Common Pleas of Cumberland County, Pennsylvania without the necessity for a hearing or other proceeding thereon and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction for purposes of enforcement or should circumstances change and either party request modification of this Order in the future. WHEREFORE, Your Petitioner and Respondent respectfully request Your Honorable Court to enter an Order, in the form attached hereto, providing for the legal and physical custody of the child as aforesaid. Date: August 14, 2002 Respectfully submitted/ David A. Baric Supreme Court I.D. 44853 17 ~st South Street Carlisle, PA 17013 (717) 249-6873 -4- JESSICA L. THUMMA, Plaintiff VS. JOSEPH C. THUMMA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-2400 : CIVIL ACTION - LAW : IN DIVORCE and IN CUSTODY : VERIFICATION AND CONFiRMATiON OF AGReeMENT We do hereby verify that the facts set forth in this Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Further, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable Custody Arrangement provided above and request that the terms herein be entered as an Order of Court without the necessity of a custody conciliation, hearing, or other proceeding. / Joseph . umma Witness: ~,~~ Dale ~. Shu~h~r~, Jr. Supreme Court ISD. 19373 35 East High Street, Ste 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Joseph C. Thumma Date: August 14, 2002 /Jssi Ca L. Thumma Witness :~~,v~//~, David A. Baric, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Attorney for Jessica L. Thumma COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~,~nU~ On this, the I~~-~m day of'%~Q. u'-'nc, 2002, before me, the undersigned officer, personally appeared Jessica L. Thumma, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the / ~day of ~,2002, before me, the undersigned officer, personally appeared Joseph C. Thumma, known to me (or satisfactorily proven) to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official seal. ~- iiI i II ~ BO__O_~?IE L COYI.t HOTAF~¥ PUaUC ~ -5- JESSICA L. THLrMMA, Plaintiff VS. JOSEPH C. THUMMA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 200~-2400 : CIVIL ACTION - LAW : IN CUSTODY' : AND NOW, this ~j~y of , 2002, upon presentation and consideration of the within Complaint and the stipulation and agreement incorporated herein, and upon the agreement of the parties, it is hereby ordered and decreed as follows: A. The parties shall have shared legal custody of their minor child, Joseph D. Thumma, born February 11, 2001. B. The Mother will have primary physical custody of the child. C. The Father will have partial physical custody of the child as follows: i. Every other weekend from Friday at 7:30 p.m. until Sunday at 5:00 p.m. ii. On such holidays as the parties agree. iii. At such other times as the parties may from time to time agree. iv. The parties shall exchange custody of the child at a point approximately mid-way between their respective residences which is at the Liberty Gas Station at the Winchester, Virginia Exit 317 of Interstate Route 81. The parties shall meet at the Liberty Gas Station at the agreed upon times to exchange custody of the child in accordance with the Agreement as set forth above. D. The parties will keep each other advised immediately in the event of serious illness or emergency concerning the child and shall further take any necessary steps to insure that the health and well being of the child is protected. During such illness or medical emergency, both parties shall have the right to visit the child as often as he or she .desires consistent with the proper medical care of the child. E. Neither parent shall do anything which may estrange the child from the other party, or injure the opinion of the child as to the other party, or which may hamper the free and natural development of the child's love and[ affection for the other party. F. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain such jurisdiction in this matter for purposes of enforcement and future modification. Should circumstances change, either party may request modificati~ this Order at any time. Jo JESSICA L. THUMMA, Plaintiff VS. JOSEPH C. THUMMA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002-1800 CIVIL TERM CIVIL ACTION-IN DIVORCE ~ 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 May 16, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 22, 2002. 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.S. Section 4904 relating to unsworn falsification to authorities. Date: October 22, 2002 -~i.? -- -Jess~ca L.'Thumm~ ~rn JESSICA L. THUMMA, Plaintiff VS. JOSEPH C. THUMMA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 2002-1800 CIVIL TERM CIVIL ACTION-IN DIVORCE 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 May 16, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on May 22, 2002. 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.S. Section 4904 relating to unsworn falsification to authorities. Joseph C. Thumma JESSICA L.THUMMA, Plaintiff V. JOSEPH C. THUMMA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2400 CIVIL ACTION 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: code. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the divorce 2. Date and manner of service of the complaint: certified mail, restricted delivery on May 18, 2002. 3. (Complete either paragraph (a) or (b).) Service upon the Defendant via (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff October 22, 2002 ; by the defendant October 14, 2002 (b) (1) the divorce code Date of execution of the plaintiffs affidavit required by Section 3301 (d) of N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 4. Related claims pending NONE 5. Complete either (a)or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff s waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: October 29, 2002 Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 29, 2002 /~ David A. Baric, Esquire Attorney for the Plaintiff, Jessica L. Thumma MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this/t~-C~day of ~_~, 2002, by and between Jessica L. Thumma, hereinafter referred to as "Wife", and Joseph C. Thumma, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties are Husband and Wife who were married on June 11, 1999; and, WHEREAS, the Wife has instituted divorce proceedings in the Court of Common Pleas of Curnberl~d_ County, Pennsylvania to No. 2002-2400 by complaint filed on May 16, 2002; and, WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation without specification: settling of all matters between them relating to the ownership in equitable distribution of personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against the other or against their respective estates; and, WHEREAS, Wife is represented by David A. Baric, Esquire, who is her separate legal counsel and she has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband is represented by Dale F. Shughart, Jr., Esquire, who is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support. Husband and Wife aclcuowledge that each of them has read this Agreement and 1 understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and detemfine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal support and related economic claims. NOV/, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: 1. The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement. Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay. Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, ab initio. 2. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. No Court may change the terms of this Agreement, and it shall be binding and inclusive upon the parties. An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified. 3. The parties have divided between them to their mutual satisfaction their personal effects, household furniture and fumishings, automobiles and all other articles of tangible personal property which have heretofore been used by them in common and neither party will make a claim to any such items which are now in the possession or under the control of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names. The party receiving sole ownership of such items shall pay all costs associated with the transfer. 4. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property. Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property. 5. Husband shall assume and be solely responsible for the balance of the loan for the 1998 Ford Expedition which is jointly titled. Wife shall execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above.3 ~'~'~ ~~ 6. Husband shall assume and be fully responsible for the Discover card with an approximate balance of $5,800.00 and the JcPenney card with an approximate balance of $1,900.00. 7. Husband agrees to indemnify and save and hold iharmless the Wife for any liability upon the obligation assumed by the Husband in accordance with the terms and conditions set forth in paragr_,~l~ls, JJ(and,4r of this Agreement. 8. Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable. Each party agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. 9. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indemnified against all debts, charges, or liabilities incurred by the other execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur npon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 10. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant to the provisions of this Agreement. 1 I. Husband does hereby release, remise, quitclaim and forever discharge Wife and the estate of the Wife from any and all claims he has now, ever may have or can at any time have against the Wife or her estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Wife, arising by way of widower's right or under the Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the Husband under this Agreement. 12. Wife does hereby release, remise, quitclaim and forever discharge the Husband and the Estate of the Husband from any and all claims she has now, every may have or can at any time have against the Husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arising by way of any right to take against the Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support arising by any nature whatsoever, excepting only those rights accorded to the Wife under this Agreement. ,ff,~ 13. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 14. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 15. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of any nature whatsoever, other than those herein contained. 16. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania. 17. Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 18. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. ~ c ~/~,,,~ Joseph C. Thumma yJessicaL. T~ur~a ' ' dab.dir/domestic/thumma/settlement.agr JESSICA L. THUMMA, Plaintiff VERSUS JOSEPH C. THUMMA, Defendant iN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STA'¥E Of ~~~ PENNA. NO. 2002-2400 CIVIL DECREE IN DIVORCE AND NOW,~ JESSICA L. THUMMA DECREED THAT JOSEPH C. THUMMA , IT IS ORDERED AND __, PLAINTIFF, AND ,DEFENDANT, 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 PARTIES MARITAL SETTLEMENT AGREEMENT DATED OCTOBER 14, 2002 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT.