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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF '* PENNA.
MAURA A, TUMAS.
II
II
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VerSWJ
Oefendant
DECREE IN
DIVORCE
AND NOW, "..,~..lb"." 19.~1.." It I, ordered and
decr.ed that .,.",." ':'~~~~, '!-: . ~~~? ~, , , , . . , . , . . , . , . , . . . . , , . . '. plaintiff,
and . . . .. ,J~t:~, :rlJrlA,S. . . . , . . , , . , .. .. . , . .. . . . .. .. . . . . , . .. .. . . '" 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; \t>"'L
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SETTLEMENT AGREEMENT
THIS AGREEMENT il made th1s
a'l'tA
day of January, 1995,
by and between KAURA A. TUNAS ("Wife") and JAMES TUNAS ("Husband"),
at Carlisle, Pennsylvania.
WIT N E SSE T H :
WHEREAS, Husband and W1fe were lawfully married on August
12, 1989 in Dauphin County, Pennsylvania;
WHEREAS, there was one child born of the marriage,
Zachary James, born April 7, 1992;
WHEREAS, certain unhappy differences, disputes and
difficulties have arisen between the parties and the parties have
decided that there marr1age is irretrievably broken, that it is the
intention of Wife and Husband to live separate and apart for the
rest of their natural llves, and the parties hereto are desirous of
settl1ng fully and finally custody of their minor ch11d and their
respective financial and property rights and obligations as between
each other, includ1ng, without lim1tation, any and all claims
relating to real and personBl property, 1ncluding property
hereto!ore or subsequently acquired by either party, and the
equitable d1stribut10n of such property, past, present and future
support, alimony, alimony pendente lite and/or maintenance of Wife
by HUlband or of Husband by Wife, counsel fees and COlts, and, in
general, the settling of any and all claims and possible claims by
one against the other or against their respective estatel.
NOW, THEREFORE, in consideration of the premises and of
the mutual promises and covenantH set forth herein, Wife and
Husband, each intending to be legally bound hereby, covenant and
agree as followsl
1. MUTUAL CONSENT DIVORCE. The parties agree and
acknowledge that their marriage ls irretrievably broken, that they
do not desire marital counselllng, and that they both consent to
the entry of a decree in divorce pursuant to Section JJ01(c) of the
Pennsylvania Divorce Code, as may be amended (herein referred to as
the "Code"). Accordingly, both parties agree to forthwith execute
such consents, affidavits, or other documents and to direct thelr
respective attorneys to forthwith fl1e such consents, affidavits,
or other documents as may be necessary tc promptly proceed to
obtain a divorce pursuant to said Section JJ01(c) of The Code.
Upon request, to the extent permitted by the law and the applicable
Rules of Civil Procedure, the named defendant in such divorce
actlon shall execute any waivers of notice or other waivers
necessary to expedite such divorce.
2. AGREEMENT TO BE INCORPORATED. NOT MERGED. IN DIVORCE
DECREE. The parties agree that the terms of this Agreement shall
be lncorporated, but not merged, into any divorce decree which may
be entered into with respect to them. The parties further agree
that the Court of Common Pleas which may enter such divorce decree
shall reta1n continuing jurisdiction over the part,les and the
-2.
subject matter of the Agreement for the purpose of enforcement of
any of the provisions thereof.
3. DATE OF EXECUTION. The "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed
the Agreement on the same date. Otherwise, the "date of execution"
or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
4. EFFECTIVE DATE. This Agreement will become effective
and binding upon the parties upon execution of this Agreement by
both of them.
5. INTERFERENCE. Wlfe and Husband may and shall, at all
times hereafter, 11ve separate and apart. Each party shall be free
from lnterference, authorlty, and contact by each other, as fully
all lf he or she were single and unmarried except as may be
necessary to carry out the provlsions of this Agreement. Neither
party IIhall molest or hara88 the other or attempt to endeavor to
molest or harasll the other nor in any way interfere with the
peaceful existence of the other party.
6. FAIR DISCLOSURE. Wife and Husband declare that they
have each had a full and fair opportunity to obtain independent
legal advlce of counllel of their lIelection. Husband and Wife
further declare that they are executing this Agreement freely and
voluntarily, that they each have fully dillclo.ed hi. or her
.3.
respective financial situations to the other including his or her
property, estate, assets, liability and earnings and income, that
they have obtained such knowledge and disclosure of their
respective legal rights and obligations and that they each
acknowledge that thiB Agreement is fair and equitable and is not
the result of any fraud, coerclon, duress, undue influence or
collusion.
7. MUTUAL RELEASES. Except as specifically provided for
herein, Husband and Wife each do hereby mutually remise, release,
quitclaim and forever dlscharge the other and the estate of such
other, for all time to come, and for all purposes whatsoever, of
and from any and all rlghts, title and interests, or claims in or
against the property (includlng income and gain from property
hereafter accruing) of the other or against the eatate of such
other, of whatever nature or wheresoover situate, which he or she
now has or at any tima hereafter may have against the other, the
estate of such other or any part thereof, whether arising out of
any fornler acts, contracts, engagements or liabilities of such
other or by way of dower or curtesy, or claims in the nature of
dower or curtesy or wldow's or wldower's rights, family exemption
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,
.4.
whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth or territory of the United States, or (c) any other
country, or any rights which either party may have or at any time
hereafter shall have for past, present or future support or
maintenance, ulimony, alimony pendente lite, counsel fees, property
division, costs or expenses, whether arising as a result of the
marital relation or otherwise, except, all rights and agreements
and obligations of whatsoever nature arieing or which may arise
under this Agreement or for the breach of any provision thereof.
It is the intentlon of Husband and Wife to give to each
other by the execution of this Agreement a full, complete and
general release wlth 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 obligatlons of whatsoever nature arlsing or which may arise
under this Agreement or for the breach of any provision thereof.
It is further agreed that thls Agreement shall be and constitute a
full and final resolution of any and all claims which each of the
parties may have against the other for equitable division of
property, alimony, counsel fees and expenses, alimony pendente lite
or any other claims pursuant to the Pennsylvania Divorce Code or
the divorce laws of any other jurisdlction.
8. EQUITABLE DISTRIBUTION OF PROPERTY;
a. PERSONAL PROPERTY. Husband and Wife do hereby
.s.
acknowledge that they have previously divided their
tangible per80nal property, including, but without
limitation, jewelry, clothes, furniture, furnishing~,
rugs, carpets, hou8ehold equipment and appliances,
pictures, books, work8 of art and other personal
property, and each of them shall retain the property
presently in their respectivEl pos8enion; EXCEPTING the
wet bar and stools, upright freezer, pool table, antique
hutch, brentwood chairs, rope hammock, curio cabinet, and
the living room oriental rug presently in Husband's
pos8ession which shall be removed and taken by Wife
within thirty (30) days of the execution of thia
Agreement. Except as may otherwise be provided in this
Agreement, Wife agrees that all of the property of
Husband in his possession 8hall be the sole and separate
property of Husband; and Husband agrees that all of the
property of Wife in her p08session shall be the sole and
separate property of Wife. The parties do hereby
specifically waive, release, renounce and forever abandon
whatever claim, if any, he or 8he may have with respect
to the above items which shall become the sole and
separate property of the other.
b. MOTOR VEHICLES. With respect to the motor
vehicles owned by one or both of the partie., they agree
.6.
as follows I
i. The 1988 Ford Econol1ne Van shall become
the sole and exclusive property of Husband. Th.
title to Husband's motor vehicle shall be executed
by the parties, if appropriate and necessary for
effecting transfer as herein provided, on the date
of execution of this Agreement or within thirty days
thereafter.
11. The 1992 Honda Accord shall Decome the
sole and exclusive property of Wife. The title to
Wife's motor vehicle shall be executed by the
parties, if appropriate and necessary for effecting
transfer as herein provided, within thirty days from
the date of loan payoff. With respect to the
Fulton Bank car loan, Wife shall be solely and
personally responsible for such indebtedness. In
the event Wife defaults on the Fulton Bank loan,
Wife agrees to indemni fy ai'ld hold Husband harmless
from and against any and all liability, including
attorneys fees ftnd court costs, on the obligation.
c. INTANGIBLE PERSONAL PROPERTY. Each of the
parties shall hereafter own and enjoy, independently of
any claim or right of the other, all items of intangible
personal property acquired during marriage, including,
.7.
but not limited to, checking and savings accounts,
stocks, bonds, profit-sharing and pensions, and pension
entitlements and all items of intangible property
hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effectively,
in all respects and for all purposes, as though he or she
were unmarried. Husband and Wife agree to execute any
and all documents necessary to effectuate release of said
interests. Wife releases any and all interest that she
has or may have in Husband's former Pennsylvania State
Employees Retirement System pension/retirement plan and
his sprint Retirement Savings Plan and United Systems
Employees Retirement Plan. The parties agree to execute
any documents necessary to release their respective
interests in the property of the other. Wife is awarded
and previously received the Treasury Bonds (approx. $400)
and the Sprint stock(approx. value $1792.00).
d. REAL ESTATE. Husband 18 presently occupying
and shall continue to have the right of sole occupancy of
the marital home at 1432 spring Road, Carlisle
Pennsylvania (the "Property"). Husband agrees that on or
before June 30, 1995, Husband shall refinance the
outstanding mortgage against the Property removing Wife'.
name from the mortgage and pay to Wife the sum of
.8.
$10,000.00 as her equi ty share in the Property. Wife
agrees that upon or at refinancing of the marital home
that she will execute whatever documents are deemed
necessary by the lender or Husband's closing attorney to
convey, release, and transfer her interest in the
Property.
In the event that Husband is unable to refinance the
existing mortgage removing Wife's name from the mortgage
by June 30, 1995 and pay to Wife the said $10,000.00, the
Property shall be listed and sold at a mutually agreed to
price and the parties shall equally (50-50) divide the
net proceeds of sale, as defined herein. Prior to the
listing of the Property, Husband agrees to complete the
repairs(painting and patching) necessitated by the 1994
winter storm damage. I f the parties cannot agree to a
list or sale price, a licensed real estate agent with an
established sales history affiliated with a major central
Pennsylvania real estate broker shall be appointed by the
parties who will establish a list and sales price. The
"net proceeds of sale" shall mean the proceeds resulting
from sale after deducting real estate commissions, any
lien or judgments, the mortgage, and taxes, utili ties,
and other normal charges deducted in a real estate
transaction, the PSECU PSL loan at separation
.9.
($l2,276.00) and the $3,000.00 loan from Jim's parents.
During his time of exclusive posllession and until
sale or refinance, Husband agree. to pay and shall be
responsible to pay the mortgage, in.urance,
utilities(including, but not limited to, gas, electric,
phone, cable, sewer and refuse, and water), repairs and
maintenance, and taxes. In the event that Husband
defaults in the payment of said mortgage and the
mortgagee commences an action, either at law or equity,
to enforce the terms of the mortgage, the Wife shall have
the option to immediate exclusive occupancy of the
Property.
9. ALIMONY. COUNSEL FEES AND COSTS. Both parties waive
any and all rights to seek or to be paid spousal support, alimony,
and alimony pendente lite. Each party shall be responsible for
their own legal fees and expenses.
lO. JOINT DEBTS ASSUMPTIOt:!. In the event the marital
home iR refinanced, Husband shall fuily assume, pay, and be
responsible for in their respective entireties the PSECU PSL loan
in the approximate balance of $12,000.00, th~ loan from his
parents, and the home equity loan from Fulton Bank in the
approximate amount of S1, 900.00. Husband indemni fies and holds
Wife harmless and has a duty to defend Wife on the PSECU, Fulton
Bank home equity and the parental loan. in the event of default.
.10-
Wife .hall be responsible for the Fulton Bank car loan a. .et forth
in paragraph 8(b)(ii) above.
11. WARRANTY AS TO EXISTING OBLIGATIONS. Each party
represents that they have not heretofore incurred or contracted for
any debt or liability or obligations 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 and hold the
other party harmless for 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.
12. WARRANTY AS TO FUTURE OBLIGATIONS. Wife and Husband
each covenant, warrant, represent and agree that, with the
Gxception of obligations set forth in this Agreement, neither of
them shall hereafter incur any liability whatsoever for which the
estate of the other may be liable. Each party shall indemnify and
hold harmless the other party for and ag3inst any and all debts,
charges and liabilities incurred by the other after the execution
date of this Agreement, except as may be otherwise spociUcally
provided for by the terms of this Agreement.
13. JOINT INCOME TAX OBLIGATION. The parties agree to
file joint federal, state and local income tax returns for the 1994
tax year and will equally share any refund or any payment due. For
all tax yoars 8ubsequent to 1994, the parties will file separately
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and the parties will alternate the dependent child deduction as set
forth below for Zachary so long as the parties eBBentially share
physical custody: Husband bein9 entitled to the dependent child
deduction in for the first two years, 1995 and 1996, and even
numbered years thereafter; and wife receiving the deduction in 1997
and odd numbered years thereafter.
14. CHILD CUSTODY. The parties agree that it is in the
best interests of the minor child Zachary Tumas that they share
joint legal and physical custody of the minor child at this time.
Although Husband is not the natural father of Meghan Elyse
Remsnyder, Wife's child from a prior relationship, the parties
acknowledge that a special relationship exists between Husband and
Meghan and between Meghan and Zachary. Accordingly, Meghan will be
welcome to be with Zachary during Husband's periods of custody with
Zachary.
l5. WAIVER OR MODIFICATION TO BE IN WRITING. No
modification or 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 deemod a waiver of any
subsequent default of the same or similar nature.
16. OTHER DOCUMENTATION. Wife and Husband covenant and
agree that they will forthwith (and within at least ten (10) days
after demand therefor) execute any and all written instruments,
assignments, releases, satisfactions, deeds, notes or such other
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writings as may be necessary or desirable for the proper
effectuation of this Agreement.
17. LAWS OF PENNSYLVANIA APPLICABLE. This Agreement
shall be construed in accordance w.ith the laws of the Commonwealth
of Pennsylvania which are in effect as of the date of execution of
this Agreement.
18. AGREEMENT BINDING 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.
19. INTEGRATION. This Agreement constitutes the entire
understanding of the parties and supersodes any and all prior
agreements and negotiations between them. There are no
representations or warranties other than those expressly set forth
herein.
20. OTHER DOCUMENTATIO~. Wife and Husband covenant and
Agree that they will forthwith (and within at least ten (10) days
after demand therefor) execute any and all written instruments,
assignments, releases. satisfactions, deeds, notes or such other
writings as may be necessary or desirable for the proper
effectuation of this Agreement.
21. NO WAIVER OF DEFAULTLEFFECT OF DEFAULT. This
Agreement shall remain in full force and effect unless And until
terminated under and pursuant to the terms of this Agreement. The
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failure of either party to inai.t upon .trict performance of any of
the proviaiona of thi. Agreement .hall in no way affect the right
of such party hereafter to enforce the .ame, nor shall the waiver
of any default or breach of any provi.ion hereof be construed as a
waiver of any sub.equent default or breach of the same or similar
nature, nor aha11 it be construed aa s waiver of strict performance
of any other obligations herein. In the event that either party
defaulta with respect to any payments to be made hereunder, in
addition to any and all other remedies provided by law, the
defaulting party hereby agrees to pay and t.o save and hold harmless
the other party from any and all attorney's fees and costs of
litigation that either may sustain, or incur or become liable for,
in any way whataoever, or shall pay upon, or in consequence of any
default or breach by the other ot any of the terms or provisions of
this Agreement by rea.on of which either party shall be obliged to
retain or engage counsel to initiate or maintain or defend
proceedinga againat the other at law or equity or both in any way
whataoever J provided that the party who seeks to recover such
attorney'. feea, and coata of litigation must first be successful,
in whole or in part, before there would be any liability for
attorney' a feea and costs of 11 tigation. It is the specif ic
agreement and intent of the parties that a breaching or wrongdoing
party ahall bear the burden and obligation of any and all costs and
expenaea and coun.e1 fees incurred by himself or herself as well as
-14-
the other party in endeavoring to protect and enforce his or her
right. under this Agreement.
22. SEVERABILITY.
If any term, condition, clause or
provi.ion of this Agreement shall be determined or declared to be
void or lnvaUd in law or otherwise, then only that term, condi-
tion, clause or provision shall be stricken from this Agl."eement
and, in all other respects, this Agreement shall be valid and
continue in full fo~ce, effect and operation. Likewise, the failure
of any party to meet her or his obligations under anyone 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.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
WITNESS
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J me. Tumas
,ffi~~-A #~~
WITNESS
1/7 tuA/Lfl d. UJ/I1LLi.LJ
Maura A. Tumas
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.'-1\IMM1MD
MAURA A. TUMAS,.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERlAND COUNTY, PENNSYLVANIA
NO. 94. 6371 Civil Term
v.
JAMES TUMAS,
Defendant
IN DIVORCE
AflJDAVlT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of tbe Divorce Code wu filed on
'.
November 9, 1994.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
bave elapsed from the date of filing the Complaint.
3. I consent to tbe entl)' of a final decree of divorce.
4. I undentand tbat I may lose rigbts concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them befor~ a divorce is granted.
I verify that tbe statements made in tbis Affidavit are true and correct. I undentand that
false statements berein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Date:':"\< ~\\\.i HI" dO) (7 is
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1lJ.d:u.1.(J( // U;t</NI'/)
RA A. TOMAS
_11JMMJlAM
v.
: INTHECOURTOFCOMMONP~
: CUMBERlAND COUNTY, PENNSYLVANIA
NO. 94 - 6371 Civil Term
IN DIVORCE
MAURA A. TUMAS,
Plaintiff
JAMES TUMAS,
Defendant
4f"
NOTICE OF INTENT TO RETJ\J'E PRIOR NAME
Notice Is hereby given that the Plaintiff in the above matter, having been panted the
Final Decree in Divorce on the 16th day of February 1995, hereby electa to retake and IIIe
her previous name of MAURA A. JENKINS and gives this written notice avowlDI her
Intention in accordance with the provisionn of S4 Pa. C.SA ~704.
Ji.?JULd( 1/. !i.O)l/{.L/
URA A. TUMAS
TO BE KNOWN AS:
~~.lLIJt 1)'I/ft?~
URA A. JEN S
.
.
_ waett'lVWMJrfAM
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
II.
Morc1
On this, the /3 day of -. ,. 1995, before me penonally appeared
MAURA A. TUMAS, known to me or satisfactorily proven to be the penon whOle name
ilsubllCribed to the foregoing instrument, and acknowledges that she executed the lame for
the purpotes therein CC'lntained.
IN WITNESS WHEREOF, I set my hand and official seal.
_'I. SMJ
Nortl~~:1WfoRI Hc1WY PublIc
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My Commission Expires:l!ilfc!h It,,! Ntli .
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