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HomeMy WebLinkAbout06-5289 , .... HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION - LAW : .sJlCf : NO. ()l., CIVIL 2006 : IN DIVORCE ,JEFFREY L. BUMBAUGH, Defendant NOTICE 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 in 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 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 Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-243-3166 .\ ROXANNE S. BUMBAUGH, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA Y. = CIVIL ACTION. LAW : NO. ~IL 2006 = IN DIVORCE .JEFFREY L. BUMBAUGH, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301~ AND 3301 ~ OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce, representing as follows: 1. The plaintiff is ROXANNE S. BUMBAUGH, an adult individual residing at 499 Newville Road, Newburg, Cumberland County, {Pennsylvania 17240. 2. The defendant is JEFFREY L. BUMBAUGH, an adult individual whose residence address is unknown to plaintiff, but whose place of employment is Cumberland Valley Excavating and Paving, Inc., at 2272 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties have resided in Cumberland County, Pennsylvania for at least six months previous to the filing of this action in divorce. 4. The parties were married on December 8, 1990 in Path Valley, Franklin County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301 (a)(6), the plaintiff avers as the grounds upon which this action is based that the plaintiff is the injured spouse and that the defendant has offered such indignities to her as to render her condition intolerable and life burdensome. \. -. 6. In addition, pursuant to Section 3301 (d) of the Divorce Code, the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since at least December, 2003. 7. The plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. HAROLD S. IRWIN, III, Esq Attorney for Plaintiff S-:E September 11, 2006 64 South Pitt Street Carlisle, Pennsylvania 17013 717-243-6090 Supreme Court I.D. Number 29920 \. ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW S:J~' : NO. Ot, . CIVIL 2006 : IN DIVORCE .JEFFReY L. BUMBAUGH, Defendant NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330100 OF THE DIVORCE CODE 1. The parties to this action separated about December, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 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. of 4904 relating to unsworn falsification to authorities. September 11, 2006 6~~~ ~ / ROXANNES.BUMBAUG~ ~ '" ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION. LAW .JEFFREY L. BUMBAUGH, Defendant : NO. CIVIL 2006 : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330100 OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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. June 1, 2005 JEFFREY L. BUMBAUGH, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this counteraffldavlt. Q , ~ , ~ 1- l ...c 0 . ~ - B ~ ~ ~ E ~ t r -- r--.-' ~_) ?~~ "':n U" :: ~~.. (;) , , -'-i - . - ~e- CJ ,11 ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : CIVIL ACTION - LAW .JEFFREY L. BUMBAUGH, Defendant : NO. 2008 - 5289 : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c} of the Divorce Code was filed in this matter on or about September 11, 2006. Personal service of the complaint was made upon defendant on or about September 12, 2006 (see acceptance of service filed herewith). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. January .li., 2007 J~#~.i.uJJ<<~1 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, January d..t. 2007 ~M~UG(t-~ o ~ ~.;::r., ~ = = --.! <- :l:"" Z N r ~ -I :r:..,., rnp cr~ y o -r) -0 --- -- '._2(") ;"5 rn .,,~.- ~ --, ~ ~ C:? c:> o ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW .JEFFREY L. BUMBAUGH, Defendant : NO. 2008 - 5289 : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about September 11, 2006. Personal service of the complaint was made upon defendant on or about September 12, 2006 (see acceptance of service filed herewith). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. January ~. 2007 ~ ~~/~ RO NNES.BUM~AUGH WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 2/-. 2007 ~c.~. ROXANNE S. BUMBAUGH --- ......... r--:> = = --' <- ~::p ~ ""'- Si1 -t ::r:." r11~ ~ " c:; -'tt -". ~.r-"\ :~~~ 9 ~ :< N .a:- -0 ~~'.,.. -"""' c.:: C> o ROXANNE S. BUMBAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW .JEFFREY L. BUMBAUGH, Defendant : NO. 2006 - 5289 : IN DIVORCE ACCEPTANCE OF SERVICE I, JEFFREY L. BUMBAUGH, defendant in this divorce action, hereby certify that I received a certified copy of the complaint in divorce on or about September 12, 2006. I verify that the statements made in this acceptance of service 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. Janua~ ~,2007 l"";> = = --' <- :-> -- -- N .s::- o -n .-1 ::r:-n me ~g~~ ~:2 (~) , , ~:~ 21 c) 1'1' __I d2: ~ ~ v -" .....~ 0,) o <=.) vs P1R ~ ~ OO Case No. ~~ ~ S ~Z~ `"~ ~.~, K ~ "~7 // / J ",~..,~. c~ .....j ~EF~k.G~ Cam- ~l.t/il~~lbCLl. `.~'r O -~=-;_~ t Statement of Intention to Proceed r" T-. ~-- To the Court: ~h -~- ~ (~ • ''` ~' ~ ~ intends to Print Name ` % ~~d ~ ~~ ~ ~ie~~ ~ ~ign Name Date: ~a !~ ~~ Attorney for Explanatory Comment .'~~ ~J ~: >.. `,yy..+. ;d with the above captio'r'~d ... _ utter ~" The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The genera] policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of ternnation on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. OF THE~P O~NON TARY HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 243-6090 ATTORNEY FOR PLAINTIFF z~ca ocr 2s ~ ~o: ~~ cur~ac~~~~~a cou~~rY ~E~~~SYLYANIA ROXANNE S. BUMBAUGH, Plaintiff v. JEFFREY L. BUMBAU6N, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2006 - 5289 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER. Roxanne S. Bumbaugh, plaintiff, moves the court to appant a master with respect to the following daims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) (2) (3) (4) (5) (li) (7) Discovery is complete as to the daims) for which the appointment of the master is requested. Defendants attorney of record in this divorce action is: PROSE. The statutory grounds for divorce as stated by plaintiff are Section 3301 (c), however, the parties have been separated for mre than two years. Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has been reached with respect to the above daims for. THE PARTIES HAVE SIGNED AND FILED DIVORCE CONSENTS (c) The action is contested with respect to the following claim(s): DISTRIBUTION OF DEBT The action does not involve complex issues of law or fact. The hearing is expected to take one-half day. Additional information, 'rf any, relevant to the motion: NONE. /~~ October 20, 2010 HAROLD S.-IRWIN,1 Attorney for Plaintiff ORDER APPOINTING MASTER NOW, this day of , 2010, . is appointed master with respect to the following claims: By the Court, J. ROXANNE S. BUMBAUGH 2013 OCT 18 PH 1: 45 , � T 2006 - 5289 vs p E �sAry kNI ou A Case No. JEFFREY L. BUMBAUGH Statement of Intention to Proceed To the Court: Roxanne S. Bumbaugh, plaintiff, intends to proce, with the above captioned matter. Print Name Harold S. Irwin, III , Name / (.j 'L�"E4 October 17, 2013 me for Plaintiff _ Date: Attorney _ Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I.Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New.Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice,preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v.Eagle,551 Pa.360,710 A.2d 1104(1998) in which the court held that"prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b)has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision(a)of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity,the course of the procedure is with the parties. If the parties do not wish to pursue the case,they will take no action and"the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter,he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated,that party may proceed under Rule230(d)for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket,subdivision(d)(2)provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period,subdivision(d)(3)requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision(d)(2). B. Where the action has not been terminated An action which has not been_terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. f-ILED-OF 'ICE, Cr THE PROTHONOTARY HAROLD S. IRWIN, III,ESQUIRE H 3 OCT 25 PM 2: 014 ATTORNEY ID NO.29920 64 SOUTH PITT STREET CUMBERLAND COUNT' CARLISLE PA 17013 PENNSYLVANIA (717)319-7560 ATTORNEY FOR PLAINTIFF • ROXANNE S. BUMBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff,- : CUMBERLAND COUNTY, PENNSYLVANIA • i v. : CIVIL ACTION - LAW JEFFREY L. BUMBAUGH, : NO. 2006- 5289 Defendant : IN DIVORCE PETITION TO ADD CLAIMS FOR EQUITABLE DISTRIBUTION AND / OR ALIMONY NOW, comes the plaintiff, by her attorney, Harold S. Irwin, Ill, Esquire, and files this praecipe to add claims for equitable distribution and/or alimony, representing as follows: 1. The plaintiff is ROXANNE S. BUMBAUGH, an adult individual residing at 499-Newville, Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is JEFFREY L. BUMBAUGH, an adult individual whose last known address is 2028 Deerfield Commons, Shippensburg, Cumberland County, Pennsylvania 17257. 3. A divorce action was filed by the plaintiff on September 11, 2006 to the above term and number. 4: The defendant is subject to an order to pay spousal support of$400 per month,payable at the rate of'$92.31_per week. Defendant is in significant arrears on these weekly payment. 5. The support order was entered in an effort to reimburse the plaintiff for a mortgage she took out in her own name secured by her individually owned home to refinance various:debts of the defendant. pCI S gs' ay,i ckif /ottiq 6. Said mortgage will not be fully paid until sometime in November, 2018. .7. All other economic issues of the parties have been resolved and consents-to the-divorce and waiver of notice were filed for-the parties on January 24, 2007. 8. On October 28, 2010, counsel for plaintiff filed a motion for the appointment of the ; master with respect to the divorce, 'alimony, and equitable distribution;- however plaintiff's complaint did not include counts for equitable distribution and alimony. 9. The parties have been unable to resolve the remaining economic issue involving. defendant's continued payment of the $400 monthly amount and the Master has requested that plaintiff file this petition so that these matters may be included in the Master's proceeding. WHEREFORE, the plaintiff requests judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. ROXAN E S. BUMBAUGH • j October , 2013 „Ai HAROLD S. IRWIN, III, -squire Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 717-243-6090- Supreme Court ID. Number 29920 ROXANNE S . BUMBAUGH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5289 CIVIL JEFFREY L. BUMBAUGH, • Defendant IN DIVORCE ORDE R OF COURT AND NOW, this /6 day of , 2014, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated December 18, 2013, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce . By the Court, 4/440 Kev ' A. Hess, P. J. cc: ./Harold S. Irwin, III Attorney for Plaintiff �//Jeffrey L. Bumbaugh Pro se E-. oe +- EtA_Llcx.�- in LA n cop i RS inatif_k_ , 0 1/1 il -'-"rr--. — ;--' 01-14-'14 10:35 FROM-IRWIN LAW OFFICE 7172439200 T-291 P002/009 F-928 rn L c— _ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /6 day of December, 2013, by and between JEFFREVt:::.. BUMBAUGH, hereinafter referred to as"HUSBAND")and ROXANNE S. BUMBAUGH - (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 8,1990; and WHEREAS, diverse, unhappy differences, disputes and difficulties (including, but not limited to marital misconduct on the part of the HUSBAND) 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 their respective financial and . property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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: , 1. it is the purpose and intent of this agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this agreement as"Marital Property",as between themselves, their heirs and assigns. It is the further purpose of this agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. • • 01-14-'14 10:36 FROM-IRWIN LAW OFFICE 7172439200 T-291 P003/009 F-928 • 2. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 3. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the , • intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 4. Further, the parties agree to'continue living separately and apart from each other at'any place or places that he or she may.select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. Each party to this agreement acknowledges and declares that he or she, respectively: • A. Enters into this agreement voluntarily after receiving the advice of counsel of his • - :or her own choosing or has voluntarily elected not to obtain counsel; • B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and • E. Fully and completely unclerstands each provision of this agreement, both as to, the subject matter and legal effect. • 01-14-'14 10:36 FROM-IRWIN LAW OFFICE 7172439200 T-291 P004/009 F-928 • 7. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prier consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 8. DEBTS: It is further mutually agreed by and between the parties that their debts be • paid as follows: A. Husband agrees to pay$95.00 per week, beginning with his receipt of his first paycheck following his re-entry into employment, but no later than April 15, 2014, whichever shall first occur, until he has paid the total additional sum of$5,500.00 to WIFE, subject to a wage attachment with the Cumberland County Domestic Relations Office. Despite the wage attachment, this sum shall not be considered spousal support or alimony for income tax purposes but reimbursement by the HUSBAND to the WIFE on account of the former joint loan from Citifinancial and the balance of the HFC line of credit which WIFE has now refinanced in her own name. HUSBAND represents and warrants to WIFE that since the date of separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and will not do so at any time in the future. B. The WIFE has assumed the parties'former joint Citifinancial mortgage and HFC line of credit by a refinancing into her name alone, subject to HUSBAND's weekly payment obligation referred to above. WIFE shall assume all liability for and pay and indemnify the HUSBAND against any of her individual debts. WIFE represents and warrants to HUSBAND that since the date of separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and will not do so at any time in the future. 01-14-'14 10:36 FROM-IRWIN LAW OFFICE 7172439200 T-291 P005/009 F-928 C. The parties agree that they have no other joint debts. 9. Except as herein provided, the parties agree that they have previously divided their personal property to their mutual satisfaction. No payment shall be made by either party to the other as a result of the division of property contained herein. The parties agree that this division is fair and equitable, and is voluntary and made without duress by or upon either party. The parties'further agree that henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE,with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Notwithstanding the foregoing, the following division of specific items of personal and real property will be equitably distributed as follows: A. REAL ESTATE: HUSBAND has previously released any interest he may have had in the marital home at 499 Newville Road, Newburg, Cumberland County, Pennsylvania 17240. HUSBAND has also executed a deed to WIFE formally conveying such interest to her. B. PERSONAL PROPERTY: 1.) Motor Vehicles-- Both parties hereby release to the other all motor • vehicles as presently titled and/or in the possession of each other. • 2.) '" Bank Accounts- Each party shall retain their individual bank accounts free of any,claim by the other party. ' 3.) Employee Benefit and Retirement Plans - Each party shall retain all of their own employee benefit, 401(k), savings and/or retirement plans' proceeds free of any claim by the other party; u a 4.) Other personal property-The perties agree that they have divided all of their remaining personal property, including, but not limited to furniture, 01-14-'14 10:37 FROM-IRWIN LAW OFFICE 7172439200 T-291 P006/009 F-928 household goods, appliances and personal belongings to their mutual satisfaction and each release to the other all such personal property as now divided, except that HUSBAND shall be entitled to possession of the , following items of personal property: a daybed, tC*3 rocking chaire; and a cook stove (formerly owned by his mother). HUSBAND shall arrange for �. • a third party to retrieve possession of these items within 60 days following entry of the divorce decree between the parties. If these items have not been retrieved by a third party within that time period, WIFE shall be entitled to retain possession thereof. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately. 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. Notwithstanding the foregoing, should HUSBAND default on the weekly payments through DRO as provided for in paragraph 8.A. above, WIFE shall be entitled to enforcement of this agreement through the Cumberland County Domestic Relations Office and Court of Common Pleas. • 12. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the marriage is irretrievably broken and that the parties have previously executed and filed the consents and waivers necessary to obtain the divorce. Upon execution of this Agreement and the Master's appointment being vacated, counsel for WIFE shall file the necessary paperwork with the Court to conclude this divorce. -13. BREACH: In the event of the breach of this agreement by either party, the - nonbreaching party shall have the right to seek monetary damages for such breach,where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 01-14-'14 10:37 FROM-IRUIIN LAW OFFICE 7172439200 T-291 P007/009 F-928 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this agreement. 15. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect have been fully explained/to the parties and its provisions are fully understood. Both parties agree that they are executing this agreement freely and voluntarily. WIFE's legal counsel is Harold S. Irwin, III, Esquire and HUSBAND agrees that he has either consulted independent legal counsel or has voluntarily chosen not to do so. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect, except for the transfer of real estate as noted in paragraph eight above. 19. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all Fights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance,widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims 01-14-'14 10:37 FROM-IRWIN LAW OFFICE 7172439200 T-291 P008/009 F-928 20. Unless otherwise stated herein, this agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESSES: 'IJLfrr (SEAL) -=T . . BAUG ' /YS '` ' Ir��.i - AL) R•XANNE S. BUMBAUGH / • • 01-14-'14 10:37 FROM-IRWIN LAW OFFICE 7172439200 T-291 P009/009 F-928 COMMONWEALTH OF PENNSYLVANIA :SS: • COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this , ��day of December, 2013, JEFFREY L. BUMBAUGH, known to me (or • satisfactorily proven) to be the person whose,name is subscribed to the within agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS„WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL fIMOLO$IRWIN III Notary public cr,PLAL tltiltt1UI3H,CUMBERLAND COUNTY . y Commission Expires Feb It 2015 Notary Public COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County, Pennsylvania, this ay of December, 2013, ROXANNE S. BUMBAUGH, known to me • (or satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledged that she executed the same for the purposes therein contained. • IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL � HAROLD S IRWIN 111 Notary Public Notary Public CARLISLE BOROUGH.CUMBERLANO COUNTY My.Commission Ewes Feb 6.2015 • ROXANNE S. BUMBAUGH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW • JEFFREY L. BUMBAUGH, : NO. 2006 - 5289 +s." c_ry Defendant : IN DIVORCE `r rnpp 2100 p too PI c7 PRAECIPE TO TRANSMIT RECORD 41C zq To the Prothonotary: .. ' 4 > rn Transmit the record, together with the following information, to the court for entry of a divorce crerV 1. Ground far divorce: Irretrievable breakdown under Section 3301(c)of The Divorce Code. 2. Date and manner of service of the complaint: On or about September 12,2006, defendant was served with a copy of the divorce complaint(see Acceptance of Service previously filed). 3. Complete either paragraph (a)or(b): (a) Date of execution of consent required by Section 3301(c)of the Divorce Code: By the plaintiff: January 24, 2007 By the defendant: January 24, 2007 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and 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: N/A. (b) Date plaintiffs Waiver of Notice in Section 3301(c)divorce was filed with the Prothonotary: January 24, 2007 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: January 24, 2007 6. There has been,no prior action for divorce or annulment between the parties other than this action which commenced on September 11, 2006. , Der 2- ,201gV ALIIII & H LD S. IRWIN, III Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS OF ROXANNE S. BUMBAUGH • CUMBERLAND COUNTY, PENNSYLVANIA • V. • JEFFREY L. BUMBAUGH : NO. 2006 - 5289 DIVORCE DECREE AND NOW, l'on 1,b °k 9'115 IaM 1411 , it is ordered and decreed that ROXANNE S. BUMBAUGH , plaintiff, and JEFFREY L. BUMBAUGH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, NI '`•�c � f 1 Attest: J. Prothonotary N o-l-ire Copy rna i I&i debt Jed Pal' lit/ 1