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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND
STATE OF ;~~~
PENNA.
COUNTY
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96-1738
MARCELLA S. POLITO
v. 'I','" 1 I."
KEI'l'H W. POLITO
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DECREE IN
DIVORCE
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it is ordered and
AND NOW,
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decreed that "MJ'.BC;E~J,A S. ,l;>Q~,('ro,
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and '" , KEITH, W., POLITO, ,
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, '. defendant,
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property of the parties are accepted by each party as a final
settlement for all purposes whatsoever, as contemplated by the
Pennsylvania Divorce Code.
Should a decree, judgment or order of divorce be obtained
by either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that
this Agreement and all of its covenants shall not be affected in
any way by such separation or divorce; and that nothing in any
such decree, judgment, order or further modification or revision
thereof shall alter, amend or vary any term of this Agreement,
whether or not either or both of the parties shall remarry. It
is the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive
upon the parties.
5. INCORPORATION IN DIVORCE DECREE: It is further
agreed, covenanted and stipulated that this Agreement, or the
essential parts hereof, shall be incorporated in any decree
hereinafter entered by any court of competent jurisdiction in any
divorce proceedings that have been or may be instituted by the
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parties for the purpose of enforcing the contractual obligations
of the parties. This Agreement shall not be merged in any such
decree but shall in all respects survive the same and be forever
binding and conclusive upon the parties.
6. EPPECTIVE DATE: The effective date of this Agreement
shall be the "date of execution" or "execution date," defined as
the date upon which it is executed by the parties if they have
each executed this Agreement on the sam~ 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.
7. DISTRIBUTION DATE: The transfer cf property, funds
and/or documents provided for herein, shall only take place on
the "distribution date" which shall be defined as the date of
execution of this Agreement unless otherwise specified herein.
However, the support. and/or alimony payments, if any, provided
for in this Agreement shall take effect as set forth in this
Agreement.
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8. MUTUAL RBLEASE: HUSBAND and WIFE each do hereby
mutually remise, release, quit-claim and forever discharge the
other and the estate of such other, for all time to come, and for
all purposes whatooever, of and from any and all rights, title
and interest, or claims in or against the property (including
income and gain from property hereafter accruing) of the other or
against the estate of such other, of whatever nature and
wheresoever situated, which he or she now has or at any time
hereafter may have against the other, the estate of such other or
any part thereof, whether arising out of any former 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
widow's or widower's rights, family exemption or similar
allowance, or under the intestate laws, or the r.ight to take
against the spouse's will, or the right to treat a lifetime
conveyance by the other aB a t~stamentary gift, or all other
rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of
(a) Pennsylvania, (b) any State, Commonwealth or territory of the
United States, or (c) any country or any rights which either party
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may have or at any time hereafter shall have for past, present or
future support or maintenance, alimony, alimony pendente lite,
counsel fees, division of property, coots or expenses, whether
arising as a result of the marital relationship or otherwise,
except, all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provisions thereof. It is the intention of HUSBAND
and WIFE to give each other by the execution of this Agreement a
full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except and only
except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the
breach of any provis~on thereof. It is further agreed that this
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
jurisdiction.
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9. ADVIC2 or COUNS2L: The provisions of this Agreement
and its legal effect have been fully explained to the parties by
their respective counsel MARIA P. COGNETTI, E8quire, for HUSBANO
and DIANE S. BAXER, E8quire, for WIFE. HUSBAND and WIFE
acknowledge that this Agreement is not the result of any duress
or undue influeDce and that it is not the result of any collusion
or improper or illegal agreement or agreements.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted
for any debt or liability or obligation for which the estate of
the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemnify
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.
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11. WARRANTY AS TO PUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception 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 against any and 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.
12. PERSONAL PROPERTY: The parties have divided between
them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of
personal property which have heretofore been used by them in
common, and neither party will make any claim to any such items
which are now in the possession or under the control of the
other. Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request.
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By these presents, each of the parties hereby specifically
waives, releases, renounces and forever abandons whatever claims
he or she may have with respect to any personal property which is
in the possession of the other, and which shall become the sole
and separate property of the other from the date of execution
hereof.
13. DIVISION 0. REAL PROPERTY: WIFE agrees to transfer
all her right, title and interest in and to the real estate
situated at 419 West Fifteenth Street, New Cumberland, Cumberland
County, Pennsylvania, now titled in the ~ame Ot HUSBAND and WIFE
as tenants by the entireties, to HUSBAND and agrees to
immediately execute now and in the future any and all deeds,
documents or papers necessary to effect such transfer of title
upon request. WIFE further acknowledges that she has no claim,
right, interest or title whatsoever in said property and further
agrees never to assert any claim to said property in the future.
WIFE agrees to immediately execute a deed conveying her interest
to HUSBAND.
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HUSBAND hereby covenants and agrees to assume and pay in
full the remaining balance of the mortgage now existing and
presently constituting a lien upon and encumbering the same
premises, such mortgage being owed and payable to First United
Mortgage Services, Inc., and further covenants and agrees that he
will indemnify and save WIFE harmless from any and all liability,
expense, cost, or loss whatsoever as a result of his non-payment
of or non-performance of said mortgage and said mortgage
conditions. Within sixty (60) days from the execution of this
Agreement, HUSBAND shall cause WIFE to be removed as an obligor
on the mortgage encumbering the premises known by and located at
419 West Fifteenth Street, New Cumberland, Cumberland County,
Pennsylvania, or HUSBAND shall refinance the mortgage in such a
manner as to remove WIFE from any and all liability thereunder.
14. BANK ACCOUNTS: HUSBAND represents, acknowledges, and
agrees that he has no right, title or interest in or to any of
the. bank or brokeragE! accounts presently maintained or registered
in WIFE's name.
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WIFE represents, acknowledges, and agrees that she has no
right, tit~e or interest in or to any of the bank or brokerage
accounts presently maintained or registered in HUSBAND's name.
15. PENSIONS. ANNUITIES AND/OR RETIREMENT BEN.rITS: The
parties hereby relinquish any and all claims and rights which
either may now have or hereafter acquire or possess to share in
any capacity or to any extent, in any pension, profit sharing,
stock option, savings and thrift plans, 401(K) plans, annuities
and/or any other retirement or deferred compensation plan
established for the other party that may exist now or in the
future. The parties hereby covenant and agree that they will
execute any spollsal waivers that may be required under the
Pension Reform Act of 1974, the Retirement Equity Act of 1984, or
any similar Federal or state statute that is now in effect or may
be enacted. Nothing herein shall be deemed to waive either
party's Social Security rights. This paragraph is intended to
substitute for any other statement, prepared form, or document
which might be required by any plan, fund, trust, administrator,
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trustee, or similar entity or person, so that each party may
receive said benefits as if the parties were never married.
16. WAIVER or RIGHTS UNDER ERISAI Each party hereby
consents to the other's election to waive a qualified joint
survivor annuity form of benefit and a qualified pre-retirement
survivor annuity form of benefit under any plan of deferred
compensation to which Section 401 (a) (11) (B) of the Internal
Revenue Code of 1986 (The Code) and/or Section 205(b) (1) of the
Employee Retirement Income Security Act of 1974 (ERISA) shall
apply in which both parties currently or hereafter may be deemed
a vested participant within the meaning of Section 417(f) (1) of
the Code and Section 205 (h) (1) of ERISA. Both parties further
consent to the other's current and future designation of any
alternative form of benefit and of beneficiaries other than each
other under any of such plan(s) and to any revocation and/or
modification of such designation(s) including any of such plans
referred to in Section 401 (a) (11) (B) (iii) of the Code or Section
2051b) (1) (e) of ERISA. Each party hereby further agrees to
execute any and all documents or forms which shall be required,
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at any time, and from time to time, by any or all such plans,
including but not limited to, any consents required by Section
417 (a) (2) of the Code or Section 205 (c) (2) of ERISA to effect the
payment of benefits in this manner. Each party hereby
acknowledges that they understand the effect of the other's
elections and they consent thereto. Each party further
acknowledges that they understand that, absent the consent
contained in this paragraph, they would have the right to limit
their consent to the designation by the other of a specific
beneficiary or a specific form of benefits, and each hereby
voluntarily elects to relinquish both such rights.
17. MOTOR VEHICLBS: With respect to the motor vehicleo
owned by one or both of the parties, they agree as follows:
(a) The 1995 Mazda Protege shall be and remain the sole
and exclusive property of WIFE;
(b) The 1978 Volkswagen Bug shall be and remain the sole
and exclusive property of HUSBAND.
The titles to the said motor vehicles shall be executed by
the parties, if appropriate for affecting transfer as herein
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provided, on the date of execution of this Agreement, and said
executed title shall be delivered to the proper party on the
distribution date. Each party agrees to be solely responsible
for the amounts presently due and owing against his or her
respective automobile.
18. LIPE INSURANCE I WIFE is cognizant of the fact that
HUSBAND has maintained and paid premiums on the State Farm Life
Insurance Policy Number LF-0756-7251. WIFE hereby expressly
relinquishes, waives and renounces any and all proprietary,
statutory, distributional, and beneficiary rights and options to
the aforesaid insurance policy. WIFE herewith agrees and
warrants that HUSBAND has full and complete discretion to change
the designated beneficiaries on the aforesaid policy and to
exercise any and all additional rights he may have as owner 'of
the policy.
19. ArTER-ACQUIRED PROPERTY: Each of the parties shall
hereafter own and enjoy, independently of any claim or rig~t of
the other, all items of property, be they real, personal or
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mixed, tangible or intangible, which are 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.
20. LUMP SUM PAYMENT TO WIPEI As and for WIFE's further
distributive share of marital property, HUSBAND agrees to pay to
WIFE the total sum of $15,000.00 free of any and all taxes,
within 60 days of the signing of this Agreement.
21. ALIMONY AND SPOUSAL SUPPORT: HUSBAND agrees to pay
to WIFE the sum of $500.00, as alimony, on the 15th day of each
month, for a period of 12 months commencing November 15, 1996,
and terminating on October 15, 1997, with the last payment to be
made on October 15, 1997. HUSBAND shall prepay alimony in the
amount of $3,000.00 which represents payment of alimony for the
months of November and December, 1996 and January, February and
March, 1997, on or before December 31, 1996. This payment is
intended to be included in WIFE's income and deducted from
HUSBAND's income pursuant to Federal tax laws. WIFE agrees that
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all of the said payments shall be included as income of WIFE in
her applicable tax returns and she shall pay such taxes as may be
required by reason of such inclusion. The parties further agree
that they specifically intend this amount to be non-mod.ifiable
either upward or downward by either party. said payments to WIFE
shall cease upon the earliest to occur of WIFE's remarriage,
cohabitation, the death of either party, or October 15, 1997.
WIFE agrees to withdraw her claim for spousal support
which is presently pending with the Cumberland County Domestic
Relations Office, DR No. 25,773. Said claim shall be withdrawn
effective as of the date of its filing. If necessar.y, WIFE
agrees to sign any and all documentation required by the Domestic
Relations Office to effectuate the terms of this paragraph.
22. COUNSEL PEES: Except as provided herein, each party
hereby indemnifies and agrees to indemnify and hold the other
free and harmless against the claims of any attorney or person
who rendered or claims to have rendered services to him or her in
connection with the divorce proceeding and the negotiation of
this Agreement or otherwise.
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23. ~ AMENDMENT TO PREVIOUSLY PILED JOINT TAX RETURN I
The parties hereby acknowledge that they have previously filed an
amendment to their 1995 joint Federal tax return. HUSBAND has
paid to WIFE, and WIFE acknowledges receipt of, an amount equal
to the refund due the parties as a result of the jointly filed
amendment.
24. INCOME TAX PRIOR RETURNS: The parties have
heretofore filed joint Federal and state tax returns. 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 j oint returns.
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25. APPLICABILITY OP TAX LAW TO PROPERTY TRANSFERS: The
parties hereby agree and express their intent that any transfer
of property pursuant to this Agreement shall be within the scope
and applicability of the Deficit Reduction Act of 1984
(hereinafter the "Act"), specifically, the provisions of said Act
per~aining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed
any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth
in this Agreement without recognition of gain on such transfer
and subject to the carry-over basis provisions of the said Act.
26. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and
acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to their support and
maintenance, past, present and future. The parties release and
discharge the other absolutely and forever for the rest of their
lives from all claims and demands, past, present or future, for
alimony or for any provision for support or maintenance, except
as specifically provided for herein. The parties further
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acknowledge that in consideration of the transfers made herein
each completely waives and relinquishes any and all claims and/or
demands they may now have or hereafter have against the other for
alimony, alimony pendente lite, spousal support and counsel fees,
except as specifically provided for herein.
27. EPFECT OP DIVORCE DECREE, The parties agree that
except as otherwise specifically provided herein, this Agreement
shall continue in full force and effect after such time as a
final Decree in Divorce may be entered with respect to the
parties.
28. BREACH: If either party breaches any provision of
this Agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach or seek such
other remedies or relief as may be available to him or her, and
the party breaching this contract shall be responsible for
payment of reasonable legal fees and costs incurred by the other
in enforcing their rights under this Agreement.
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31. PINANCIAL DISCLOSUBI: The parties confirm that they
have relied on the completeness and substantial accuracy of the
financial disclosure of the other as an inducement to the
execution of this Agreement. The parties acknowledge that there
has been no formal discovery conducted in their pending divorce
action and that neither party has filed an Inventory and
Appraisement as required by Section 3505(b) of the Pennsylvania
Divorce Code. Notwithstanding the foregoing, the rights of
either party to pursue a claim for equitable distribution,
pursuant to the Pennsylvania Divorce Code, of any interest owned
by the other party in an asset of any nature at any time prior to
the date of execution of this Agreement that was not disclosed to
the other party or his or her counsel prior to the date of the
within Agreement is expressly r.eserved. In the event that either
party, at any time hereafter, discovers such an undisclosed
asset, the party shall have the right to petition the Court of
Common Pleas of Cumberland County to make equitable distribution
of said asset.
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HARCILLA 8. POLITO,
Plaintiff,
IN TBI COURT O~ COKKON PLIAS
CUJlBIRLAHD COUIITY, Pl1OI8YLVlUIIA
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CIVIL ACTION-LAW
IN DIVORCII
va.
NO. 1(. / Ii J' (I I "l e_ Ll-')('--J
KIITH W. POLITO,
Defendant.
HOTICI TO DI~IHD AND CLAIM RIGHT8
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, inc.luding custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, 1
Courthouse Square, carlisle, Pennsylvania 17013-3387. You are
advised that this list is kept as a convenience to you and you are
not bound to choose a counselor from the list. All necessary
arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER I 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.
COURT ADMINISTRATOR
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013-3387
TELEPHONE: (717) 240-6200
RICCI & TANEFF
Dated: April 1, 1996
By: t
Paul Taneff, Esq.
Attorneys for PIa
IlUCILLA .. POLITO, I
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Plaintiff, I
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"IT. W. POLITO, I
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Defendant. I
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II T.I COURT or COIucOIt PLIIU
CUllBIRLUD COUllTY, P......YLVAIIIA
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MO. , (". I ~ . J.1 t..' L 'I..~ .1 t. '-"
CIVIL ACTIOIl-LAW
II DIVORC.
COIIPLAIIIT
NOW COMES, the Plaintiff, MARCELLA S. POLITO, by and
through her attorneys, Ricci & Taneff, and files this Complaint.
In support of her Complaint, the Plaintiff states as follows:
1. Plaintiff, Marcella S. POlito, is an adult
individual, who resides at 129 South River Street, wormleysburg,
Cumberland County, PA 17043.
2. Defendant, Keith W. POlito, is an adult individual,
who resides at 419 Fifteenth Street, New Cumberland, Cumberland
County, PA 17070.
3. The parties have been bona fide residents in the
Ccmmonwealth of Pennsylvania for at least six (6) months
immediatoly previous to the filing of this Complaint.
4. The parties were married on November 26, 1993 in New
Cumberland, Cumber~and County, Pennsylvania.
5. There have been no prior actions for divorce or
annulment between the parties.
6. Neither party is a member of the armed forces of the
United States of America.
7. Plaintiff has been advised of the availabiJ.ity of
counseling and that she may have the right to request the Court
require the parties to participate in counseling.
8. This action is not collusive.
COUJIT I
DIVORCI
9. Plaintiff incorporates paragraphs 1 through 8 of
this Complaint as if set forth here in full.
10. Plaintiff states that she is entitled to a divorce
on the ground that the marriage is irretrievably broken, and
Plaintiff is proceeding under S 3301(c) or, alternatively under S
3301(d) of the Divorce Code.
11. Plaintiff, the innocent and injured spouse, states
that the Defendant, in violation of his marriage vows and the laws
of the Commonwealth of Pennsylvania, has committed such indignities
to the person of the Plaintiff so as to make her condition
intolerable and life burdensome, and Plaintiff is proceeding under
S 3301(a)(6) of the Divorce Code.
WHEREFORE, Plaintiff requests this honorable Court to
enter a decree in divorce divorcing Plaintiff and Defendant.
COUJIT II
IOUITABLI DISTRIBUTION
12. Plaintiff incorporates paragraphs 1 through 11 of
this Complaint as if set forth here in full.
13. The parties have legally and beneficially acquired
property, both real and personal, during their marriage from
November 26, 1993, which property is marital property.
14. The foregoing property is subject to equitable
distribution under S 3502 of the Divorce Code.
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WHEREFORE, Plaintiff requests this honorable Court to
equitably divide all marital property and to enjoin the Defendant
from removing, disposing, alienating or encumbering the real and
personal property of the parties.
COUIIT II r
ALIIIOIIY-PBRMUlBII'1' AlII) PIIIDIII'1'B LITB
15. Plaintiff incorporates paragraphs 1 through 14 of
this Complaint as if set forth here in full.
16. Plaintiff requires reasonable support and alimony to
adequately maintain herself in accordance with the standard of
living established during the parties' marriage.
WHEREFORE, Plaintiff requests this honorable Court to
enter an award of reasonable temporary alimony, and such additional
sums as they become necessary from time-to-time hereafter, until
final hearing and permanently thereafter under 55 3701 and 3702 of
the Divorce Code.
COUIIT IV
ATTORIIBY ..BS. COSTS AND BXP.NIII
17. Plaintiff incorporates paragraphs 1 through 16 of
this Complaint as if set forth here in full.
18. Plaintiff has employed the firm of Ricci & Taneff,
as her counsel and, because of the anticipated protracted
litigation expenses and limited income, is unable to pay for the
reasonable and necessary expenses of counsel and litigation.
WHEREFORE, Plaintiff requests this honorable Court to
enter an award of temporary counsel fees, costs and expenses, and
such additional sums as they become necessary from time-to-time
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IUUtCILLA .. POLITO, I
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anTB .. POLITO, I
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Defendant. I
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I. TBI COURT or COIOlO.. PLIA.
CUllBIRLAJID COUIITY, lII....YLVAllIA
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CIVIL ACTIO.-LA.
I. DIVORCI
UrIDAVIT
I, MARCELLA S. POLITO, the Plaintiff in the above titled
clluse, being duly sworn according to law, depose and state as
follows:
1. THAT, 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 participate in counseling.
2. THAT, I understanc that the Court maintains a list
of marriage counselors in the Office of the Prothonotary, which
list is available to me upon request.
3. THAT, being so advised, I do not request that the
Court require my spouse and I participate in counseling prior to a
divorce decree being handed down by the Court.
I understand that any false statements herein are made
subject to the penalties of lB Pa. C.S. S 4904 related to unsworn
falsification to authorities.
Dated: April 1, 1996
\ ( I /i it I
Marcella S.
Plaintiff
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