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: IN THE COURT OF COMMON PLEAS :
~ OF CUMBERLAND COUNTY ~
~ lob! '
i STATE OF ~ PENNA. :
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8 .1.<Ar.HI:-~E,N. ,.A.,:, LlJ~T. '" "" ,.., "..,..........., II .
Q"................. .. ,..P1a,iont;U'J................. II N o. ......,9..~............- .....n7.,9..1995 III
;. ,I ~
~ Versus II '
. ..~. ..~ERR.Y...~tJFT. ,..,.....,......,..... .['1 ~
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~ DECREE IN .
;', DIVORCE ;,
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lE AND NOW, ... .. .. 7 h.u.-...,..... ........ 19....... it is ordered and "
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iii decreed that ........ ..~~~~~~~..~'.. !--~~~.. .. .. .. .. .. .. .. .. .., plaintiff, ~
! and....... .f... :~J;:~~X .WF:~......... ......................... defendant, ~
!!l! ore divorced from the bonds of matrimony. The terms of the Marriage "
~ Sett1l!1lEllt Agreesrent entered into by the parties on Decenber 28, 1995, !!l!
~ are inj;orporated her~in. ~
~ 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; ...;
! . , . . . . . . . . . . . . . . .None . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 8
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MARRIAGE SEITLEMENT AGREEMENT
nus AGREEMENT is made and entered into between F. Terry Luft and Kathleen A Luft,
hereinafter referred to as Husband and Wife. The parties were married on February 19, 1977, and
there is one child bom of their marriage, to wit, Erika D. Luft, bom January 2, 1985,
As a consequence of dispules and unhappy differences. the parties have separated. The
parties desire to confinn their separation and make arrangements in connection therewith, including
the settlement of their property rights, custody, support. and all other rights and obligations arising
out of the marriage relationship.
It is therefore agreed:
1. CONSIDERATION
The consideration for this Agreement is the mutual promises and agreements herein contained.
2. SEPARATION AND NONINTERFERENCE
A. It will be lawful for each party at all times hereafter to live separate and apart from the
other party at such place or places as he or she may from time to time choose or deem fit.
B. Each party shall be free from interference, authority and control, direct or indirect. by
the other. as fully as ifhe or she were single and unmarried. Neither shall bother the other or compel
or endeavor to compel the other to cohabit or dwell with him or her.
"
3, MUTUAL RELEASE
Subject to the provisions of this Agreement. each pany has released and discharged, and by
this Agreement does for himself or herself, and his or her heirs, legal representatives, executors,
administrators, and assigns. release and discharge the other of and from all causes of action, claims,
rights. or demands whatsoever. in law or equity, which either of the panies ever had or now has
against the other. except any or all cause or causes of action for divorce or actions for the
performance of this Agreement.
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4, FULL DISCLOSURE
The provisions of this Agreement and their legal effect are fully understood by earh pany to
this Agreement, and each pany acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence, Husband and
Wife each represent and warrant to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which such pany has an interest, of the sources
and amount of the income of such party of every type whatsoever. and of all other facts relating to
the subject matter of this Agreement. Wife acknowledges that she was represented by Kathleen
Carey Daley, Esquire, in reaching this Agreement, and Husband acknowledges that he was
represented by Constance P. Brunt, Esquire, in reaching this Agreement, Both panies represent that
the terms of this Agreement have been fully explained to them by their respective counsel.
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Of
S. EOUITABLE DIVISION
By this Agreement, the panies have intended to effect an equitable division of their marital
propeny, This division is not intended by the parties to constitute in any way a sale or exchange of
assets,
6. SUBSEOUENT DIVORCE
A. AGREEMENT NOT PREDICATED ON DIVORCE -It is specifically understood
and agreed by and between the parties hereto and each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this Agreement is not predicated upon nor
made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or
non-defense of any action for divorce; provided, however, that nothing contained in this Agreement
shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any
action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor
to prevent either party from defending any such action which has been, mayor shall be instituted by
the other party, or from making any just or proper defense thereto. It is warranted, covenanted and
represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable
and this warranty, covenant and representation is made for the specific purpose of inducing Husband
and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby
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.
waives any and all possible claims that this Agreement is, for any reason, illegal or for any reason
whatsoever, unenforceable in whole or in pan, Husband and Wife each do hereby warrant, covenant
and all'"ee that, in any possible event, he and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any pan of this Agreement.
B. ENTRY AS PART OF DECREE .It is the intention of the panics that the Agreement
shall survive any action for divorce which may be instituted or prosecuted by either party and no
order. judgment or decree of divorce, temporary, final or permanent, shall affect or modifY the
financial tenns of this Agreement, This Agreement shall be incorporated in but shall not merge into
any such judgment or decree of final divorce, but shall be incorporated for the purposes of
enforcement only.
C. MUTUAL CONSENT DIVORCE. The panies agree and acknowledge that their
marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent
to the entry ofa decree in divorce pursuant to 23 Pa.C.S.A. Section 330l(c). Accordingly, both
parties all'"ee to forthwith execute such consents, affidavits, or other documents and to direct their
respective attorneys to forthwith file such consents, affidavits, or other documents as may be
necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa,C.S,A. Section 330l(c).
Upon request. to the extent permitted by law and the applicable Rules of Civil Procedure, the named
defendant in such divorce action shall execute any waivers of notice or other waivers necessary to
expedite such divorce.
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7. DIVISION OF PERSONAL PROPERTY
With the exception of the items that appear on Exhibit "A". which items are currently in the
marital residence but will be distributed to Husband incident to the signing of this Agreement, wife
agrees that all of the property in the possession of Husband shall be the sole and separate property
of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole
and separate property of Wife, The parties do hereby specifically waive. release, renounce and
forever abandon whatever claims. if any, he or she may have with respect to the above items which
shall become the sole and separate property of the other.
8. DIVISION OF MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as follows:
A. The 1989 Nissan Maxima shall be distributed to Wife.
B. The 1994 Nissan Pathfinder shall be distributed to Husband.
The titles to the said motor vehicles shall be executed by the parties, if appropriate, for
effectuating transfer as herein provided, on the date of execution of this Agreement or at any time
thereafter at the request of either party.
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.
9. DISPOSITION OF PROPERTY
From and after the date of the signing of this Agreement, both panies shall have complete
freedom of disposition as to his/her separate propeny and any propeny which is in their possession
or control pursuant to this Agreement and may mongage, sell, grant, conveyor otherwise encumber
or dispose of such propeny, whether real or personal, whether such propeny was acquired before.
during or after marriage, and neither Husband nor Wife need join in, consent to. or acknowledge any
deed, mongage, or other instrument of the other penaining to such disposition of property.
10. DIVISION OF REAL PROPERTY
Husband and Wife hereby agree and acknowledge that they own cenain real propeny located
at 424 Orrs Bridge Road, Camp Hill, Pennsylvania, as tenants by the entireties. This propeny has
been listed for sale. The panies agree that the proceeds from the sale of this propeny shall be
distributed in total to Wife. Husband shall receive reimbursement for taxes paid up to the sale or
before June 30, 1996, whichever shall first occur. He shall also receive one-half (\12) of any refund
from the mongage escrow account that was funded prior to June 30, 1996,
Wife shall declare any capital gain realized on the sale of this propeny on her federal and state
income tax return. This gain is expected to be rolled over into the purchase that Wife intends to make
on a new primary residence subsequent to the divorce, Husband agrees to cooperate with Wife in
the computation of the adjusted basis of the real propeny located at 424 Orrs Bridge Road to the
degree that infonnation concerning the adjusted basis is in the control of Husband.
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.
Commencing January I, 1996, the parties agree to share the cost of maintaining 424 Orrs
Bridge Road equally. The expenses for the mortgage, taxes, utilities and agreed upon maintenance
and repairs shall be paid by Husband and Wife shall reimburse to Husband fifty percent (50%) of
these sums within ten (10) days. Husband shall be liable to continue to make these payments for a
period of six (6) months or until the house is sold, whichever shall first occur. In the event that the
house is not sold by June 30, 1996, Wife shall be solely responsible for the mortgage. taxes, utilities
and maintenance on this property and shall indemnity and hold Husband harmless from this liability.
Each party shall be entitled to claim one-half (Y:.) of the deductions for mortgage interest and
real estate taxes for 1996 paid prior to the date of sale or June 30, 1996, whichever shall first occur.
11. PAYMENT OF SPECIFIED OBLIGATIONS
The parties agree that the following constitute joint marital obligations which shall be paid by
the following person:
A. WIFE - All personal expenses accumulated since separation.
B, HUSBAND - All personal expenses accumulated since separation; the Saks Fifth
Avenue credit card; the American Express credit card; and the Corestates Visa credit card
12. LEGAL FEES
Each party shall pay his or her own attorneys fees,
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13. ALIMONY
Both panies acknowledge and agree that the provisions of this Agreement providing for
equitable distribution ofmarilal propeny are fair. adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either
may now or hereafter have against the other for suppon, maintenance, alimony pendente lite or
alimony. Husband and Wife fun her. voluntarily and intelligently, waive and relinquish any right to
seek from the other any payment for suppon. maintenance, alimony pendente lite or alimony,
14. PENSION PROGRAM
Each party hereto shall maintain sole ownership over his or her individual pension plan, profit
sharing or similar retirement plan acquired individually or as the result of contributions by his or her
employer. Wife hereby releases any interest that she has in the retirement benefits of Husband
accumulated as the result of his employment by Central Medical Equipment. Inc. and any other
additional benefits he may have accrued. Husband hereby releases any interest that he has in the
retirement benefits of Wife accumulated as the result of her employment by the Cumberland Valley
School District and any other additional benefits she may have accrued in the Public School
Employes' Retirement System. This waiver is a full and complete discharge of each panies' marital
claim,
B
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IS. MISCELLANEOUS
A. Central Medical Equipment. Inc. - Wife agrees to transfer all her right, title and
interest now held in Central Medical Equipment, Inc. to Husband. Husband agrees to pay to Wife
the sum of$150,OOO,OO in consideration of this transfer and the other consideration set fonh in this
Agreement. The provisions for the payment of these sums shall be as follows:
I. Husband sha1I pay to Wife S50,OOO.00 on or before February 10, 1996.
2. Husband shall pay the balance of SIOO,OOO.OO to Wife in monthly
payments amonized over nine (9) years at seven percent (7%) interest. The principal
and interest payment shall total SI,250.63 for 107 months and SI.250.l8 for the final
payment, per the attached amonization schedule, The interest payment shall be
income to Wife and deductible to Husband. The principal payment shall not be
income to Wife or deductible to Husband as it represents equitable distribution.
These payments shall commence February I. 1996, and shall be paid by the first of
each month for the succeeding nine-year period.
3. Husband agrees to maintain life insurance made payable to Wife as
beneficiary in an amount sufficient to pay the remaining balance due under this
periodic payment schedule. Proof of said insurance shall be provided to Wife on an
annual basis and Husband shall require the insurance company to give Wife notice of
the tennination of any policy.
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4. Husband agrees to execute a note and any other document requested
by Wife to evidence his indebtedness under this Agreement. This note or any other
document may be recorded by Wife at her discretion to secure her interest in these
payments,
B. All assets including, but not limited to, savings accounts, checking accounts,
cenificates of deposit and life insurance policies shall be the sole and separate property of the title
holder of said asset.
C. The panies believe and agree, and have been so advised by their respective allomeys,
that the division of property heretofore made by this Agreement is a non-taxable division of property
between co-owners rather than a taxable sale or exchange of such property. Each pony promises not
to take any position with respect to the adjusted basis of the property assigned to him or her or with
respect to any other issue which is inconsistent with the position set forth in the preceding sentence
on his or her federal or state income tax retums.
D, The panies have heretofore filed joint federal and state tax retums. Both parties agree
that in the event any deficiency in federal. state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnifY and hold harmless the other from
and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely
and entirely by the individual who is finally determined to be the cause of the misrepresentations or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint retums.
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16. CHILDREN
A, CUSTODY AND VISITATION - The panies will share legal custody of their minor
child, Erika D. Luft, bom January 2. 1985, such that both panies will cooperate in and seek
consultation with each other in making major decisions with regard to the said child's welfare,
including, without limitation, decisions relating to her education, medical treatment. religious training,
and extracurricular activities. Each party will be obligated to keep the other party fully infonned of
all significant incidents, issues and events regarding the welfare and activities of the said minor child.
Husband shall be afforded panial custody under the following schedule:
I. Every other weekend the child shall be with Husband from Friday at
6:00 P.M, until Sunday at 6:00 P.M, In addition, the child shall spend one evening
per week with Husband beginning at 3:00 P.M. and ending at 8:00 P.M. During the
summer school vacation, this schedule will be expanded to provide the child with the
opportunity to spend up to two (2) evenings per week with Husband.
2. The panies shall altemate the major holidays of New Year's Day,
Memorial Day, Fourth of July, Labor Day and Thanksgiving, commencing with
Husband exercising custody on New Year's Day, 1996. Except with respect to
Thanksgiving, the period of custody for both parties on their respective holidays will
be from 9:00 A.M. through 6:00 P,M.. provided, however, that any Friday or Monday
holiday shall be combined with and be contiguous to that party's regularly-scheduled
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period of weekend custody, where applicable. The period of custody for the
Thanksgiving holiday shall commence on the Wednesday immediately preceding
Thanksgiving at 6:00 P,M, and continue through the following Sunday at 6:00 P.M.
3. Husband shall also exercise custody from 6:00 P,M, on Friday through
6:00 P.M. on Sunday of the weekend inunediately foUowing Christmas Day each year.
the regular weekend schedule notwithstanding,
4, Husband shall have a period of summer vacation with the child for a
maximum period of fourteen (14) days, either consecutive or non-consecutive at
Husband's option. At least thirty (30) days advance notice must be provided to Wife.
S. Mother's Day and Father's Day shall be spent with the respective
parent each year, notwithstanding the regular wec:kend schedule, from 9:00 A.M.
through 8:00 P.M.
6. In the event that Wife has a meeting or for any other reason requires
a babysiuer for the child for a period in excess of two (2) hours. she shall first offer
the opportunity to Husband for an additional period of custody as is required, Notice
shall be given to Husband as early as practicable,
7. All periods of holiday custody set forth herein shall supersede any
other regularly-scheduled period of custody.
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8, Any modifications of the foregoing schedule as may be necessary from
time to time shall be upon the mutual agreement of the parties. The parties are
required to provide each other with as much advance notice as possible of any request
for modification.
B. MAKE-UP TIME - The parties recognize that there may be circumstances from time
to time which may prevent the exercise of custody at the agreed dates and times. To that end, the
parties agree that each will give timely and reasonable notice to the other of the existence of such
circumstances and will pennit the other a reasonable period in which to enjoy time with the child to
make-up for these lost periods.
C. ll.LNESS OF CHILD - In the event of any serious illness of the child at any time, any
party then having custody of the said child shall immediately communicate with the other party by
telephone or any other means, infonning the other party of the nature of the illness. During such
illness, each party shall have the right to visit the child as often as he or she desires, consistent with
the proper medical care of the said child. The word "illness" as used herein shall mean any disability
which confines the child to bed under the direction of a licensed physician for a period in excess of
forty-eight (48) hours.
D. BEST INTEREST OF CHILD - The parties shall exert every reasonable effort to
maintain free access and unhampered contact between the child and each of the parties. and to foster
a feeling of affection between the child and the other party, Neither party shall do anything which
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may estrange the child from the other pany, or injure the child's opinion as to his mother or father,
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or which may hamper the free and natural development of the child's love and respect for the other
party.
17. CHILD SUPPORT
Child support shall be paid by Husband to Wife at the rate of $800.00 per month. $400.00
shall be paid by the 10th of the month and the balance of $400.00 shall be paid by the 20th of the
month. In addition, Husband agrees to pay for Erika's skating lessons and competition fees. and Wife
agrees to pay for Erika's ice time and skating clothing, All skating equipment purchases shall be split
equally between the parents with the understanding that no purchase will be made without prior
notice to and consent of the other parent.
Wife shall be entitled to claim Erika as the dependent on her tax retum for 1995 and for all
future odd years. Husband shall be entitled to claim Erika on his tax retum for 1996 and all future
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even years, In the event that Husband would file an action to modi\)' his obligation for child support
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to an amount less than that provided herein, his right to claim Erika as his dependant would cease and
Wife would retain the right to claim Erika as her dependent for such time as Erika remains in her
primary physical custody.
Wife agrees to execute any and all documents necessary for these dependency deductions.
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18. HEALTH INSURANCE - CHILDREN
Wife agrees to provide health insurance for the child for so long as it is available to her at no
or minimal cost by her employer. If said insurance becomes unavailable to Wife and Husband has
entitlement to insurance which can be provided to him at no or minimal cost, said insurance will be
furnished by Husband. In the event that neither Husband nor Wife have insurance furnished to them
by their employer, at no or minimal cost, then the cost of insurance shall be borne such that fifty
percent (50%) shall be allocated to Husband and fifty percent (50%) shall be allocated to Wife.
19. MISCELLANEOUS PROVISIONS - CHILDREN
A. The panies acknowledge that Erika has a savings account and U.S. Savings Bonds
that were accumulated during the marriage. The panies agree that these funds shall be placed in a
mutual fund account chosen by the parties, which will require both signatures for withdrawal and will
be used for Erika's post-secondary education.
Husband agrees to deposit $1,000.00 into this mutual fund when he sells or disposes of
$1,000.00 shares of Everest & Jennings stock, regardless of the sale price of said stock.
B. Extraordinary Medical Expenses - All extraordinary medical expenses (those not
covered by insurance) shall be split sixty percent (60"/0) by Husband and forty percent (40%) by Wife.
Husband agrees to reimburse these expenses to Wife on a quanerly basis upon Wife supplying to
Husband proofofsaid expenses. All insurance reimbursement must be submitted prior to a demand
for payment under this provision.
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C. Estates - Husband and Wife both agree and acknowledge that they have financial
responsibility towards the suppon of their minor child. In considering that obligation, Husband and
Wife agree as follows:
I. Husband agrees to provide $100,000.00 oflife insurance made payable
at his death for the benefit of his minor child. This benefit shall be made payable in
such a way that income and principle may be used for the suppon of the child through
her minority and post-secondary education, if appropriate, shall be distributed to her
at her majority or at a later date, as determined in the sole discretion of Husband.
Wife agrees to provide $100,000.00 of life insurance made payable at her
death for the benefit of her minor child. This benefit shall be made payable in such a
way that income and principle may be used for the suppon of the child through her
minority and post-secondary education, if appropriate, shall be distributed to her at
her majority or at a later date, as determined in the sole discretion of Wife.
20. GENERAL PROVISIONS
A. WARRANTY AS TO EXISTING OBLIGATIONS - Each party represents that they
have not heretofore incurred or contracted for any debt or liability or obligation for which the estate
of the other party may be responsible or liable except as may be provided for in this Agreement. Each
pany agrees to indemnitY or hold the other pany harmless from and against any and all such debts,
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B. WARRANTY AS TO FUTURE OBLlGA nONS - Wife and Husband each covenant,
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.
warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the
other indemnified from all debts, charges, and liabilities incurred by the other after the execution date
of this Agreement, except as may be otherwise specifically provided for by the terms of this
Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate
of the other may be liable.
C. SEVERABILITY - If any term, condition, clause, or provision of this Agreement shall
be determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause, or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to
meet his or her obligations under 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
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panies.
D. OlHER DOCUMENTATION - Wife and Husband covenant and agree that they ,viII
fonhwith 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,
and as their respective counsel shall mutually agree should be so executed in order to carry out fully
and effectively the terms of this Agreement.
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E. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the
panies, and there are no representations, warranties, covenants, or undenakings other than those
expressly set fonh herein.
F. 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 panies and no waiver
of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the
same or similar nature.
G. MUTUAL COOPERATION - Each pany shall, at any time and from time to time
hereafter, take any and all steps and execute, acknowledge, and deliver to the other pany any and all
funher instruments and/or documents that the other pany may reasonably require for the purpose of
giving full force and effect to the provisions of this Agreement.
H. LAW GOVERNING - This Agreement shall be construed and governed in accordance
with the laws of the Commonwealth of Pennsylvania.
1. BINDING EFFECT - Except as otherwise stated herein, this Agreement shall be
binding and shall inure to the benefit of the panies hereto and their respective heirs, executors,
administrators, successors, and assigns.
1. NO W A1VER OF DEF AUL T - This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement. The failure of either
pany to insist upon strict performance of any of the provisions of this Agreement shall in no way
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aIfect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any
provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
K. HEADINGS NOT PART OF AGREEMENT - Any heading preceding the text of the
several paragraphs and subparagraphs hereof are insened solely for convenience or reference and
shall not constitute a pan of this Agreement nor shall they aIfect its meaning, construction, or effect.
L. ADDRESS OF PARTIES - Each party shall at all times keep the other informed of
his or her place of residence, and shall promptly notitY the other of any change, giving the address
of the new place of residence until all obligations under this agreement have been satisfied.
M. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may have or hereafter acquire, under the present or future
laws ofPeMsylvania or another jurisdiction, to share in the property or the estate of the other as a
result of the marital relationship, including, without limitation, dower, curtesy, their statutory
equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the
will of other, and right to act as administrator or executor of the other's estate, and each party 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.
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N. ATTORNEY'S FEES FOR ENFORCEMENT -In the event that either party breaches
any provision of this Agreement, and the other pany retains counsel to assist in enforcing the terms
thereof, the panies hereby agree that the breaching pany will pay all reasonable attorneys' fees, court
costs, and expenses incurred by the other pany in enforcing the Agreement.
IN WITNESS WHEREOF, and intending to be bound hereby, the panies have signed and
"T"/ fL, \ '. II.
sealed this Agreement on the =' ~ day of ~I..-,.,-,,------- . 1995, at Harrisburg,
PeMsylvania.
In the presence of:
/' -.. .:-?/
--v-t"/"/C.;:::--
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F. TERRY LuIT7
,X--~ (SEAL)
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KATHLEEN A. LUFT ,1
(SEAL)
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'11"I1 COIJ5Tt.I,ICE P. BRUin, ESQUIRE ~~ PAGE '. .
~lORTGAGE AI'10RTlZATlON SCHEDULE ~. ".. "J.,:" .
- - _____ __._____ ___ ___.._ 0___-..-- ___ ___________________________________ - - -----.....-----
p,..,.p",-eu fo,- ,TEI'flY LlIFT
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Fl"lnc.:lp,:l) l(I~)OI)O.I)i) 'fedl.SS crf Amorti:ation .~,9.00
Jn~.."""'~ I'"h, "'.')')') Inte,-",,,t facte,,- 1.0058333'3:3333
r:(I"flp~ILlnded 12 Pa'1'ment' 1250.63
----- --_. ...- - -.,.- - -- - -- -- -- - ---------- -------------------------:.......---------- -----------
,
P!l.~.mf"lnt; TO*;;:ll
Da+:e HU'f';be,- Fa~'mont
Int;F'I-e~t
P8yment
P,-incipal
Payment
Balance of
Loan
ClIno I nt ': Per'
Pe," Yr '" Diem
--------------------------------------------------------------------------------
Ff;,'b ')1/~6
"I~I- 1)\ /96
Ap,.- j) 1/96 i?
N':":l 01/06 3
Jun 01/9& 4
JI.' 1 01 /q~} 5
Hll.g 1)I/q6 ..:'
gep 01/96 7
Oc t ,) 1/96 8
r.I~lv Ol/96 q
Dee 01196 1'>
.....ACCUI.iULATED
Jim 01'97 11
Feb 01/97 12
Ha.... 01.'Cf7 13
Apr. 01/97 I/t
~1"y 01197 15
JL'n 01/97 16
Jul 01/97 17
A'-'9 01/97 18
Sl~p 01/97 19
Or; t: 01/97 2')
,'Ic.v 01 :<;7 21
O"'C 01/97 22
.".ACCUtlllLA TED
J~I.' 1)1 J98 EJ
reb OJ .'~8 2't
;,;;-,. 01/98 25
Apr 01/9'3 26
I'by 01/<;>8 27
Jun ')1 '98 28
.Jill (\1 J98 2r.;,
,;ULj (11/98 31)
S'''r, OJ /98 31
Oct ')J/c8 82
tl':.... ,'d 198 33
[If?'r: .)J /08 34
~ ..-.:.CrUNUL,.; n:.x.
J-;lrl .), iC;O
F'_'to ("1 :~;; :.j.-:-
i'1-:'.,- ,'.j ..:;'c;
,..;::.' ," .qCJ
3,-
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i1i,~' ')1/'=;1..,
I...." '~ll .'co 4. ~
j! I j I~l': -=:..~ o. I
..:.....I/J .)J ,C:-.i 'f.:-:
..;!,.....p '-11 :9:t .. ~
100000.00
583.'33 667.30 99332.70
57Q.4/, 671.19 98661.51
57:..53 .'5.1 (I 97986.41
571.59 679.04 97307.37
5b~.63 683.00 96624.37
503.64 686.99 95937.38
~59.63 691.00 95246.38
555.60 695.03 94551.35
551.55 699.08 93852.27
547.47 703.16 -93149.11
THE YEAR ENDED DEe 31/96
543.37 707.26 .92441.85
539.24 711.39 '917~b.46
535.09 715.54 91014.92
530.92 719.71,9029::5.21
526.72 723.91 '.8957f.30
522.50 728.13 :88843.17
518.25 732.38 .e8110.79
513.98 736.65 87374:14.'
:::.,0:; . ,,8 71tO. 95 8663'3. 19
5'_'5.3i.' 745.27 85887.92
5('1.01 749.62 85138.30
496.64 753.99 84384.31
FOR THE YEAR ENDED DEC 31/97
492.24 758.39 83625.92
4e7.;2 762.81 82863.11
4e3.3~ 767.26 82095.85
478.89 771.74 81324.11
474.39 776.24 80547.87
469.86 780.77 79767.10
465.31 785,32 78981.78
460.73 789.90 78191.88
456.12 794.51 77397.37
/.51..,8 799.15 76598.22
446.82 803.81 75794.41
462.13 808.50 74985.91
lIHEF'EST FOF THE YE"R ENDED DEe 3t /98
437.42 513.21 74172.70
432.67 817.96 73354.74
4;~'" . "'0 822.73 72532.01
42~.1~ 827.53 71704.48
418.29 882.35 70872.13
413,,42 837.21 70034.92
4'-'8, ,,;.:. Sl,2, 09 69192.83
':t(.J .62 6':.7.01 6831t5.82
3aS.bB 851.Q5 67493.97
r..1J,I"'T,':.f,WE F. BRut.IT, F.SQUIRE
lij;' ! ,:; .':.E .oP[)I'T, ::r.,. J L;j'l SCHEDULE
I t~5('. 63
125(1. .~3
12'5,".63
125('.63
12~~(' ,63
1251).63
125('.63
JP-50.b3
1250.63
125t).63
HITERE;T FOR
125').63
1250,63
1250.63
1251).63
125('.63
1250:'.63
125').63
125('.63
125(1. 6:3
125(1.63
125').63
lE5t) 63
INTEREST
t 251) .63
125(1.63
125.).63
1;:::.50.63
125.,.63
125('.63
125t).63
J25('.63
1251).63
12r..~(1. 62
1.25\\.63
125('.63
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Ji~5t'..63
1251:;.~~
1;'::51,,1:03
J ;:;~I'I. ~_<_~
583.33 19.18
1162.77 '19.06
1738.30 18.93
2309.89 "18.80
2877.52 18.67
3441.16 '18.54
4000.79 ;,18.40
4556.39 ,.i18.27
5107.94 ,,18.1'.
~ if ;"
5655.41~;"El..O(1
5655. 41 :.,.~!,:.';':
543.37 ,"~~.87
1082.61 ':~'j1.73
1617.70 '17.60
2148.62, ~17.46
. 2675:34"(~7;'32
31 "'., . 84 ~~i?...J8
::;"0. ')9 ".lrJ.J. ;01,
4230. 07~":Vl>':~~0
4739.75 '16.76
5245.11 16.62
5746.12 -,16.48
6242.76 :160.33
6'0.. -.76
't.'7~.24
980.06
1463.43
1942.32
2416.71
288b.57
3812.61
4268.73
472').21
5t67.03
5609. t6
56,~\~:J. 16
437.42
870.0<;>
1297.99
1721.0<;>
213<;>.37
2552.79
2:;61.::;3
3364.95
3763.63
F.~GF.
"16.19
, ib.Ol,
15.C:;:'"
15.75
15.60
,15.45
15.30
15.15
..15.00
14.85
14.69
14.54
14.39
14.23
14.07
13.92
13.76
13.6')
13. /.1,
13.27
13. tl
2
-- - ., .-. .- -- - -. ---.- --.--.- --.- --.- --- .-- -....-. --..- - .._, -,-- -... .-
--"....'.....
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._--,-----~------------------------------_._---_._-------------------------~--------
- . .
0,," OJ It,."? '.':. 1 L~5".I. b3 393."t 856.9;:: 66636.9!", If I';". 31f 12.<;15
He'" I)J. ;r;ll:. .t5 125,').63 388.'72 861.01 65775. (ltt 1f51f6. ()6 12.78
Of.": I)J :Q,:; ....~ 125,).63 383.60 866."" 6:.0:;08. 1 (I 4>;2q.75 12.62
.. ...ACCUr1l.il.,'YfED INTEREST FOr< THE YEAR ENDED DEl: 3li'7c 4"29.75
J :'1'1 (,1 '(In . - t25....!-:IJ 3"8.~3 8'72.(11) .~..f'3fJ .1(1 3"8.63 12.'tl:,
ltl
F",b (11 .I (H) 't8 12'5().6:; :373.5.'. 877.'}':f 63\'39.0\ "52.17 12.a"
1'10'- ')1 /('(1 it.; 12,;;,).63 368....3 882.20 ,=,:;276.131 11 ::~(\. 6(i 12.12
Ar-.' (l! 'II'.' ~('I 125(" b3 ~b3..28 88"; .. 35 61:389.4';' 1..83.88 1 t .95
t':~1 (11 II)() 51 125,'-'.63 358.1 1 8?2 .152 6(\....~t., 9.. Ig'.t .09 1\ .78
Jun (I J l (I'~) r.:'~ J251).63 352,9(' 8Si7.~J 5c;S99.21 21."...89 11.61
..' ~.
TI,ll 01 i(") "'- 125(i.o3 3.'." .66 t:;(ir~.q7 SB6':76.24 25';42.. 55 11.43
._'.1
t-';ug o 1/1)(~ "" 1;2,50.6:? 342. .39 G'08.2L.. 57"788.00 2884.9" 11.26
'-''''
';-=-p i) 1 /(11) SC: 125(1.63 387.1'.' Cjl18.:-i:! 5687':. .It? 3222. (~l. 11.09
Oct (11/(10 ~. 1251).::3 3:-31. .,,'] 918.86 55953.61 3553.81 11).91
...'.0
1.1"'.... 01l(~() ~7 1251~~. 6:3 '326 .'t 1 q2.....2.i? 5~jl)31 .39 3:381).22 1(..7/
De',: .)1/0'" '38 125(,.':"3 321.02 9P9.6.l 541 t)l. 78 ,.2':11 .24 1(i.I:.:d,
.......,;ccUt.l\ ILArr::D llHF.,.E5T FOR THE 'IE",R Et4DED DEe 31 t,) :'2('1.2'.
J",n (it /(1 J 50 L~=i). ,~3 :;115 ~ 5Q '1':;:,5. (t4 53166.71f 3J5.SCf 10.38
Feb ('1 .'()l ..;," 125\).63 31').11f Q'ti).:t''; 52226.25 62'5.73 10.2')
IIi', ')I if'l bJ IF.5(',.63 31)/f.65 q45.?8 51280.27 930.38 10.02
t~rl. (> I t(>} b2 125(1.63 29'1.13 951..5r, 5\)328.. 77 122".51 9.84
rl~y ('1/(11 :..- 125').63 293.58 957.. .)5 493'71 . "2 t52'3.('9 9.66
'- ~
J\.'11 01/('1 6.... li~50.63 28'3..0(' r;.62463 48l..)Q..OC? 18\1.(1<1 9.47
Jul 01/01 65 125(1.63 282.39 968.24 474".0.85 20"'3.48 9.29
'~IUg (11")\ 66 12C;t).6'3 276.71f "173.89 1f6466.96 2370.~2 9.11"
Sep i) 1 i(d 67 125,)..,,3 271.06 979.57 ,.5487.39 2,,41.28 8.92
Oct 01/01 68 125('.68 265.31f 9a5.e~ If/.S02. 10 ::Cfi)6.62 8.73
Nr;.;f 01/(lj 6"1 1;:'5('.,,3 259.60 991..(13 ..3511.(17 3166.22 8..54
rJf~'= 01/01 Ii) 12"3(1.63 253.81 996.82 42514.25 3lt2i).03 8.35
"....ACl:\.llllJLATG. T1ITEREST FOR THE YEAR ENDED DEe 31/1 3420.03
J~n 01!Oc: 71 1251). /:,3 248.0') 1002.0,3 4t511.62 2,.8.00 8.16
Feb 01/02 .,- 1~5,)..63 21f2.15 1008.48 4('503. t 4 490.15 7.97
,C:
l'1~I- 01/02 73 12:=:i(l.63 2"36.27 t014.36 3<1488.78 72b..42 7.77
Ap'- i) 1/02 ":t 12'50.63 230.35 1 (12C'. 28 36':'6o.a.50 956.77 7.58
H?~' (\1/.:,2 7'5 1 25':' . 63 22oi.4t) 102b..23 3'74'.2.27 1181.\7 7.38
Jl.'.n OJ /t)2 76 IE50.63 2\8.4\ 1032.22 36410.('5 13'79.58 7.19
J'.. i (il.'Oc.: "7/ t 2=-(' . 63 21E.8c 1038.2" 3",371, .81 16\1.97 6.09
;'~lg \)1/'}2 -8 125(1.03 2('6.. 34 1(i44.2t; 3".327.. 52 t818.31 6.79
S,'p OJ lOr. 79 125').63 2(if)..E"t 105.).39 3.27" . 13 E(1) 8.55 6 t:'c
.01
':~r.: t 1)1/()2 8(1 185(1.63 1"/..12 10156 .. 5 l 32221).. 62 2212.67 6.39
1,1e. ... ,)1 '(,E 81 \2~1)..63 18"7.95 \01,2.68 31 157.94 241)1) . 62 6.18
l)ec 011(.2 82 1250.63 191.75 1068.88 3009<;: . (16 2582.37 5.98
... ..';CCUt'll1t.!'.. T~r. HlTERE'3T FIjF THF.: VEAF EHDED r..EC '31/2 258e.37
Jeli 01 i,~t3 E8 12f30.63 1'";5.52 1(17:5.11 29013.95 175.52 5.78
~."b 01! 1)3 8.'''' 1.'25(,.63 1.b":1l425 t..8' .38 2"'1C;38 . 57 3"...77 5..57
;.117\\- ,)1.. ()3 8'3 1250.1:3 1:,2.'~4 \087.69 268,.4.88 5(1/.71 5.36
~'pl- 1)1 t03 0:, 125(1.63 1S':' .6i) 1094..i)3 2575().85 ,="..,:31 5.15
l'ld~' .)1 ' (1:-- -- I ~5(). 68 150.21 110(1.""'2 24bf..=i). 't3 814.52 4.9..
~ .
,''1., O"iJ :n-; 88 } :25('_ :".3 143.70 111)6.84 2.?~".8 . SG 95'1.31 4..73
Jl.~ 1 (. 1 ,'\"\:":\ 8C; 1r:51) ,,63 137.3'+ 1 J 13.29 22.t31).3(' 10QS.65 4.52
.:.....;, I) 1 ;1)3 ~\> 1 ,;5(1 ~ b:l t3i~'. 8.... Ill9..7" 2 1 '3 1 (, .51 le~64'i<<; 4.31
::~'?P ,:.1 :r'2 ,I 125')..608 ! 2'..31 1 J 2~.~r! 2(118...19 13l'O.eO If. ,)'1
t ~-:: I- 1)1 :1):') r;p' t?S(..6S 11"'"':.7'" 1132.87 1 "(151 . 30 1~,.,a.5"t 3.88
D.,j.t:>
l,l;-,r: "'~;""-".~ ~.:,;,;,..;. r. ~"~:,T. 01-: :~I t.n~:":::.r
C';"':'I;:;~':':'JCF ,-:. ~~!.,13;T. E':nL'tf;~
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_ .---.-----.-.. .---,.... ".-
. - ..--.....-- .,..--. - ..... -'- .. -.-
Dt\'t'('~ t'lll~fll.H:'I- f<..'~~nenl 'Pi.1y'm~I~lt PAymer;t L-'~11 Per yr....~;m~m
- - -- - - --. -~. - -- --- ---------------- - ------------ - ----- ---------- --- -----____~1.;_e..;~_
Nc., ~,t ;')3 t;l3 Ill:;;). 63 111.13 1139.50 1791 t .8(1' 1579.67 '\'~66
nec (11/(13 9'. 125','.63 1(.....49 1146.14 t6765.66 168'..16;'3.4.4
......ACCUI.1ULA,ED INTEREST FOR THE YEAR ENDED DEe 31/3 1684.16 '~'..
L'n ')1/(". 95 1250.63 97.8':' 1152.83 15612.83 97.80' 3.22
Fpb ','11/')', 96 125').,~3 91.07 1159.56 1J.,.53.27 188.87 3.00
N.r (I1!'~ 97 1250.63 84.31 1166.32 13286.95 273.18 ,2.78
Apr (01:')'. <;;8 1250.63 77.51 1173.12 12113.83 350.69 '. 2.55
11_.,. '>I."'... 99 t25(',63 7('.66 1179.97 10933.86 421.35 2.33
Jun ('Ild'. 1(") 125(1.63 63.78 1186.S5 9747.01 485.13 2.10
;/101 ,)1/('4 1(>1 1250.63 56.86 1193.77 8553.24 541.99 1.87
t1l.tg (I "(14 I (ie J E5(1. 63 49.89 12(1('.""74 7352.50 591 .88 1 .65
Sttp (ll .'(14 1"'3 125('.63 42.139 1207.74 61'.J,.76 63'..77 1.42 "
Oct 01/04 104 1250.63 35.84 1214.79 4929.97 670.61 1.18
f.lc,,,, (t! "0'. 1('5 125').63 28.76 t22t .87 3708.10 699.37 0.95
Dec ')1,,)1. 1".6 1250.63 21.63 1229.()I) 2479.10 721.00 0.72
......r,r.ClJtlULATEl:' INTEREST FO!"' THE YEAR EI,IOED DEe 31.'4 72t .00
J~n (.1/.:15 11~17 J250.~3 14.46 1236.17 1242.93 14.46 0.48
F."b ('1 '05 1('8 1250.18 7.25 12-'12.93 0.(1) 21.71 0.24
FItI';L PAY~IE'tlT
PRlHCIPAL. pr,!D TO DATE
INTEREST PAID TO DATE
TOTAI_ P'''ID TO DATE
$ O.CH:'
$ t 00(>('0 . 0')
$ 35%7.5'1
$135(.67.59
E. l( O. E.
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Exhibit "A"
Silverplate Tea Service
Silverplate Flatware for 16
Assoned Silverplate Serving Pieces
One-half ofDeaMe Burch photographs of Erika
21
, . .
KATHLEEN A. LUFT,
Plaintiff
Va.
IN TilE COURT OF COMMON PLEAS
lOX>>>>lWIX~~
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3720 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
F. TERRY LUFT,
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the followino
information, to the Court for entry of a divorce decree:
under
1. Ground for divorce:
3301(c)
Section <x I ~ ( I
irretrievable breakdown
201 (d) (1) of the Divorce
Code. (Check
applicable section).
2. Date and manner of service of the complaint:
07-17-95: certified mail, restricted delivery
3. (Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit 6f consent
3301(c)
required by Section ~~~~ of the Divorce Code: by
, --
plaintiff /2../~t/fj
I~A~/tJi':"
(b) (1)
: by defendant
.
Date of execution of the plaintiff's
affidavit required by Section 201 (d) of the Divorce Code:
: (2) date of service of the Plaintiff's
affidavit upon the Defendant:
4. Related claims pending:
/tic:" ~
to I' He
'J, Date and manne,' or ~cr\'icc of lhe nOlic,' Ill' il1t~'nLiflll
praecipe to transmit I'l!,-ord. a col'~' uf \;I1i~h is :ill:'''".d
/lJh
I
/;. @--_._-
L'c'V>:::-u_/'~ " _. ____
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DALEY LAW OFFICES ,
1029 SCENERY DRIVE
HARRISBURG.PENNSYl,'ANIA 17109
(717) 657.4795
.
KATHLEEN A, LUFT, . IN THE COURT OF COMMON PLEAS
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. CIVIL ACTION - LAW
.
v. . 1.') - .3 7 )-() (I e.. j
.
. NO. ' .ctJ-L ,,, L-L'/1'-_
.
F. TERRY LUFT, .
.
Defendant . IN DIVORCE
.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
office of the Prothonotary, 1 Courthouse Square, 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.
Lawyer Referral Service
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
NOTIeIA
Le han demand ado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 par abogado y archivar en la corte en
forma escrita sUs defensas 0 sus objeciones alas demandas en
contra de su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede entrar una orden contra usted sin
previo aviso 0 notificacion y por cualquier queja 0 alivio que es
pedido en la peticion do demanda. Usted puede perder dinero 0 sus
propiedades 0 otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO 1NMED1ATAMENTE. S1 NO T1ENE
ABOGADO 0 S1 NO T1ENE EL D1NERO SUF1C1ENTE DE PAGAR TAL SERV1CIO,
VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFIC1NA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
. .;.~_.".'
KATHLEEN A. LUFT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. '1'$. 3'/;Jb C~ -r.l~
.
.
.
.
.
.
v,
.
.
.
.
.
.
F, TERRY LUFT,
Defendant
: IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
DIVORCE
AND NOW comes the above Plaintiff, Kathleen A. L\lft, by her
attorney, Kathleen Carey Daley, Attorney at Law, and seeks to
obtain a decree in divorce from the above-named Defendant, upon the
grounds hereinafter set forth:
1. The Plaintiff, Kathleen A. Luft, is an adult individual
who resides at 424 Orrs Bridge Road, Camp Hill, Cumberland County,
Pennsylvania.
2. The Defendant, F. Terry Luft, is an adult individual who
resides at 6130 Spring ford Drive, Apartment F-6, Harrisburg,
Dauphin County, Pennsylvania.
3. The Plaintiff and Defendant are sui juris, and both have
been bona fide residents of the Commonwealth of Pennsylvania for a
period of more than six months immediately preceding the filing of
this Complaint.
4. The Plaintiff and Defendant were married on February 19,
1997, in New Cumberland, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or
naval service of the United States or its allies within the
provisions of the Soldiers' and Sailors' Civil Relief Act of the
Congress of 1940 and its Amendments.
6. The cause (s) of action and section (s) of Divorce Code
under which Plaintiff is proceeding are:
A. Section 3301(c). The marriage of the parties
is irretrievably broken. After ninety (90) days have
elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to a
divorce. Plaintiff believes that Defendant may also file
such an Affidavit.
B. section 3301(d). The marriage of the parties
is irretrievably broken. The Plaintiff and Defendant
separated on July 28, 1994.
7. There have been no prior actions in divorce between the
parties.
8. Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request the
parties to participate in counseling.
9. The parties may enter into a written agreement with regard
to support, custody, visitation of children, alimony and property
division. In the event that such an agreement is executed by the
parties, the agreement may be incorporated by the Court into the
final Decree of Divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a
Decree in Divorce, divorcing Plaintiff and Defendant.
COUNT II
EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 4 of this Complaint are incorporated
herein by reference as though set forth in full.
11. Plaintiff and Defendant have acquired property, both real
and personal during their marriage from the date of their marriage
until July 28, 1994, the date of their separation.
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property.
WHEREFORE, Plaintiff requests your Honorable Court to
equitably divide all marital property.
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
I
I
.
,
subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to
unsworn falsification to authorities.
Date: ,LJJ t t. /q16-
(J (/ I
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By: '- trllt I ({ ;1
Kathleen A. Luft,
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PlaIntJ;ff
By:
Kath een Carey D 1 y, sq.
Attorney No. 30
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Plaintiff
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HARRIS8URG, PENNSYLVANIA 17109
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AFFIDA VIT OF CONSENT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION . LAW
KATHLEEN A. LUFT,
Plaintiff
v,
NO, 95.3720 CIVIL TERM
F. TERRY LUFT,
Defendant
IN DIVORCE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12,
1995,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing of the Complaint.
3, I consent to the entry of a final decree of divorce,
4, I understand that if a claim for alimony, alimony pendente lite, marital property, counsel
fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the
right to claim any of them will be lost.
I verilY that the statements made in this Affidavit arc true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn
falsification to authorities,
Date: ~,b1/1.,i'eI)"/ c7 t; I fJ 9s'
iitt' ~ ~IC-
By:. , (./ lI- 'A. I /
KA HLEEN A. LUFT, laintifl' f/
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KATHLEEN A. LUFT,
PI.unlilT
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v,
F, TERRY LUFT,
: NO, 95-3720 CIVIL TERM
Defendant
: IN DIVORCE
AFFIDA VIT
Kathleen A. Luft, Plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the Coun require thai my spouse and I panicipate in counseling.
2. I understand that the coun maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3, Being so advised, I do not request that the Coun require that my spouse and I panicipate
in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 Pa.c,S,A.
~4904 relating to unsworn falsification to authorities.
Date: J J...-..t '/ - '1~
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1029 SCENERY DRIVE
HARRIS8URG,PENNSYLVANIA 17109
(717) 657-4795
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KATHLEEN A, LUFT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v,
: NO, 95-3720 CIVIL TERM
F, TERRY LUFT,
Defendant
: IN DIVORCE
AFFIDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12,
1995.
2. The marriage ofPlaintitr and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing of the Complaint.
3, I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony pendente lite, marital propeny, counsel
fees, or expenses has not been filed with the Court before the entry of a final decree in divorce, the
right to claim any of them will be lost.
I verifY that the statements made in this Affidavit are true a'ld correct. I unde: Jtand that false
statements herein are made subject to the penalties of 18 Pa.C,S,A. ~4904 relating to unsworn
falsification to authorities.
Date: /.,? .i?J'- 7'f-'
By: ~~ ~
F. TERRY LUFT, efend
KATHLEEN A. LUFT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
F, TERRY LUFT,
: NO. 95.3720 CIVIL TERM
Defendant
: IN DIVORCE
AFFIDA VIT
F, Terry Luft, Defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the Court require that my spouse and I panicipate in counseling.
2, I understand that the Coun maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
3. Being so advised, I do not request that the Coun require that my spouse and I panicipate
in counseling prior to a divorce decree being handed down by the Coun.
I understand that false statements herein are made subject to the penalties of 18 Pa.C,S,A.
~4904 relating to unsworn falsification to authorities,
Date: /';?-,,;'?-?f---
By: g:rP:. ~
F. TERRY LUF'ljDefend t
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HARRISBUr~G. PENNSYLVANIA 17109
(717) 657-4795
....
KATHLEEN A, LillT,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO, 95-3720 CIVIL TERM
F, TERRY LUFT,
Defendant
: IN DIVORCE
AFFIDAVIT OF SERVICE
Kathleen Carey Daley, Esquire, bt>ing duly sworn according to law, deposes and says that she
is an attorney at law duly authorized to practice in the Commonwealth of PeMsylvania, and that on
the 17th day of July, 1995, she did serve upon F. Terry Luft, the Defendant in the foregoing case, a
true and correct copy of the Complaint in Divorce by sending to him, by cenified mail, restricted
delivery, to Central Medical Equipment Co., 3517 Walnut Street, Harrisburg, PA 17109. The receipt
for said Complaint is attached.
Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer
or the matter would proceed without him.
Sworn to and subscribed before me this
2fL~ay o~~c~ L..--. . 1995
{11>>~~n-J.- (Ja1d1Jh
By:
eL-
K hleen Carey Daley, E
Attorney No. 30078
1029 Scenery Drive
Harrisburg, P A 171 09
(717) 657-4795
Attorney for Plaintiff
"OT...RI"'L SEAL
P...TRICI......, p...rrort No~"y Publ,.
Lower PIllton Twp Dauphin Co
M CommiSSIon ~~p-!rps June 20 1998
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