HomeMy WebLinkAbout96-04236
"
"
,/
"
"
'1
'\I'
;'""
, '
"
,
"
"
,
!,Ii
'1:'1
"'!"!'
1
,
I'
;1;'-'1
I
,
,
I,
/'
Ill:
"
,.
,
,"
I
I}:/
"I' .'/1
,,-j j.
I
"I
\1'
"
,
I ,.
",
"!
,,,
Ir"
!.'
, '
'"
,
.,
, "
,"
':-;,-
_,:-,:1'
dl '
!
",
,!(
, '
,,'
.,
,
i"
,
,
,I
"
,.,
)-'1
,;\ ,;"
"
'1/,"
.1
H'!.' 'I
"I, k
I;,.
"
'I
"
,11
.',tl
"
,I,
"
I
"I,
, ,
I
,', '
i J:lj,
/:II,-J/ ,;,.
.,
II",'
" ~\i
,:/
~'
, "
,"~
'1,1,
,I
'I"
,.
..."
-.....
.....'
II
~",
"
, "
,
"/" ,I
:'t
11,
-i;
l'l,'j
"
(I,
"r
'1,
'"
"
,
'j,
,
"
"
'.
i I'~
-, I : I ~-'
"
te ~lll '. I
:'11,1. - ~~- ,
;.1.",1--1
:1!~;./:~',,-1:!;",1: _I
I, '/' 'I,d,
n~II.-'-'~-,,'r "I 'I'
"1,1"":'.11-'" -."
;rj,lj}'r-;, _,I
,~i,lf~ F \ (
tv'W, ,
~\,.)-; ,)
,/~' I,"
,.1J'
\(I' , 'J
"t't !,-
::-,1 '. l_p
I"
'I
,
,
"
,,.
,
,
,
"
,'(' ,i_1
, '
Ii,
"
,
,
",
"
"
,
.,
i:
, 'I.
11 ~ 1 I
~-j'Y
I' .,1
"
.'
",
, "
"
,
"
"
,,1
"ll_,
/'1"
.,
,:1'
,
"
(t,
"
,
1,'/,
1',
11'1
"
I'," "
'1'1'/
:,.,,' , ,
ri,':: '
IJ;;-;II
. r, ~ ,r ,\ I
f.{I'
lif_'"
"
:"'1
"
"
"
"
.,
"
,
"
"
I'"
"
0'_'
"
'I'
, ,
I,ll
" '11,
I!'
."
" ,
I,'
, ,
),
,
"~I
"
~.,.
;
",,",
,',I
:;1,,'\
I,.,
"
,
.,
f'I"
"
,
I
"
,
...
'.. '
c.'
U
i
:1
-J") I
i' .1I11,
,
.,
,,'
'I,
,.
~
...
..
.,
'.
,~
., '
I:'
I;'
"\;,,,<i'
,
,
"
,
,
',',1
,
"
"
", 'I
,
'I
" ..
.,
,,11' "T
",
,
,.-!'
1'"
, '
'"
,
il'
"
l,i;,
,
. ,
,
'1)'-'1
"
i'j
. ,
'~:
.,
,
,
,
"
"
"
,
"
,I'
,
,
"
"
,
.'
"
"
,
,'J! I,' "
"
L I'
",
"
"
,
"'d ,
"
i
IIJ],
".
"
/
I
, ~
Id~1
I,
"i'l
'1,_",1
i-II:
,;L-
1,- :'(!;,
,
iiI"
-"Ij,
,
, '
"1
"
I
,
,1\
II!
r{1
~IJt!(
, (<
~'I',
!
-I:
"IJ
ill
,il
",I',
Il.,
-II
.'
)'_I'_J
1/:,
./
\
1-(11
I"'"
\
'"
",
:If
iii
, -I'
I'
I
,i_- '
, ) j ~J , : !
i _' d
,
,
'I
')\':
';1:
111-',
i,\
c'
I
.),'"
"
"
I,
,.
1"
I'
,
,
, "~I
J f', ,>,' ~'I I, \, ;',
I'J
I _I"
-"
",
"
/'I
)J'
:1
d,
! I 'II _ ,I i .~'
ill
, '
"
,il-
,i"
,1;1,' 1:lt
,
-I.
,
Iii
,
,
'I;, ;lIJ; /]
, '
,
1'( 'rI
,
,,-)
,
'.lit
'I;
~ .' -, ! I
'1'1)
,_I !!-'! ,'I I}~I L.d
t' l'\'- ,:,'
, '-:i,t- ,,'
',11""1--,,.', .,.
,- \(.
d' ,;; . ,)1 ~; -J : : I \: -1 ,~';'ll' '
\ '. 'Ii "1'\ I ~ I 'I' -' l\',
, ., ~~.';:;:, I '_' 'Ij- i' '(I!;' i, -\" L ~:' :" " '
I ,I "I _ ,'j H '-.1 }_l_.,,-,,)T '!
',' ,:,:",;.:{:':::';;}.\~~;?:~;,.J:',,:'"
'\1 'I__,}_l:,-' ,III-i'\ I_j' 'II" 'lr,. '
\ ,}. ,I ,,';I!' /.,'.;, ., ':, ' : .; .;~I;'_;1\ll :; ",1, ':,' ~ :~I ' ':
,"_!\ 'I' - ---
_ ><1 ' ,'j ,!:! " ,,'_ ' .' ; I ~' ' 'j , i ! ' , \
,:\1, ,-
;,1' I.t' I ,'J, ~;!' I I
:1 ' d
_/\'1_1'1
,
,I;
"r
,
1-/
;1
"
"I,
'I,
,i'
,I.
,I
"
;1
",
,
,
"1,]1
/',' P
;1';
I
"
I
,
;','Il_!
'Ii,
i"l, ).
"
,
"
,
) ,f!
II',
,
.,'
I
"
"',
;L,
"
"
d-I'
I
'I
'I :;
',"
'II,
,
"III
"
"
.,
',/,
'I
',J I
i:
,
,J,.
.,'
"
1.,1
"
,I
11,1 -,
"
l,_, ,I
,
,
:'1,
II;!
""t
1"\,',1
'I /' 'I'
, ,
;-",il
.,
,
, '
"
I'
"
-1\ I
',1
"
,
"
':,:1.
I';,!', dL
d'-', -;
- :i
"
"
I' "~I
,
"
',',
1-' "
'1'1' ,
"
"
,
(',
'HIli
"
"
;,
,
,
,
i :11
'I'
!
,
I"
'I
I,i,'
,1-_
:! J. iJ!'
, .:
.1
,"i\
"
i'
l'llll
1'" !
,
"
,j;,-
,-ji-
"_I
I,,'j/'
,LI
"
, '
,
,
')
, ,
, ,
I "
,
I,;'
'I'
"
"
:-111 '
OJ," '
"
I : I 1 I" ~ '
':1 ,-,'J ,II
1'\
\:J
"
"
,
J
,
"'I
"
fl-,__, 'I
-. 'J
'1'1'
,
"
"
,
,I-Ii
l J.Lli,
, '
,
,
'II
,
fl'l
"
"I
-I:"
.,
, '
,I" ,I'
"
')
'I_I
I','
ii,
"
I,)"~
,:
,
I
','
,'i
I, ,j
.'.
'I
I
d,
"
"
"I
,
, .
,.
,
;Ii'
I! ,;,
,( '1
,
'd
", '
'IJil III
j',\ I ',I
I ',I" -1\
I!
"
,,1,1'\1
,'IJ I
"
"II
, '
j->-I
.1
< t'!
, _,', ~ " '. I
l_n_I}II."! '
,}J-_,!,/:_I;' ,I "
',/,1',1,1 I
"
.,
,r
I,'!I,
, '
'1.1:
,
"
"
"
),
"
,
,
"
"
'"
,
"
i, ,\,
, ,
..
',,',-"'1
'11'
,
,
.;'
"
"
'I"
i
'II'
"
1 I"
I,
I
:'
,
,,'
"i'!,;
'1'"
,
,
,
I,
, ,
,
"
"
, ,
" ,
,',
.'
",
,I
,"~
"
_1'j
,-""
",' Ili'l
,',I,
'ill:;
" ;"
q ,:1,11" ~i
I 'if~
:1
"
1, 'oj
,
,"
"
"
,I
'I,
,
,
!I_' I"
,
~: "
~ ..
011 .:Ij
h it, :\')~
.~~' ~., (J
, . I;l~
r II..
.' - ~_\'~ I I
W, - J ~
li\; q\m ,
\., ,
~..
I, .., I..
~ ;; d,
oC
'"'
...,
'"
...
I
'"'
aI
~~
~~
Po III
i!
ZZ
ow
f:p.
o :a
u~:;
r...;?:
O~
o
f.-. u:z.
gjA~w
OZE->U
U"'UP:
..J><:O
WP: :>
;>::w..J....
E... PJ 1-( C
:1::>
z::> 1-' z
....uu....
A
..J
0(
Z
g
....
....
',"
j.J
I:
...
III
,.-.
~p.
~
N
,
I>
.
Z
o
z
, '
.
j.J
I:
~
~
....
41
l:l
tJ
IX
o
e
A
! ;
~ ~ ~ a
~ ~ i ~
.:5 ~ : ~
~ ~
.., II:
1-1
.J
5
N
Z
H
f:3
lJ
w
A
,
..,
~
~
"
"
,
i'
..
"
I
,
,
.
, '
'1/,;' "" :1",-1, fl'J1II~"'" * ,.,~
1/11'1' ~J ,#04'4/ Jd ~'tJt'f.
~:l/1.tJt
I,
"
,I
!'I
'I
I'
I
"
, I
, ,
1 '
"
III
",
I
"
.
NOW, THEREFORE, in consideration of the premises and ot
the marriagQ, and in further consideration of the mutual
promiaea and undertakings hereinatter set forth, eBch in-
tending to be legally bound hereby, the pareies agree aa
folloWSI
1. sEPARA'1'ION. It shall be lawful for each party at
all times herQ6fter to live separote and apart from the
other party at such place as he or she may from time to time
ohoose or deem fit. 'rho foregoing provisions shall not be
taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their
living apart.
Z, INTERFERENCE, Each party shall be free from
interference, authority and contact by the other, BS fully
as if he or she were single and unmarried excopt BS may be
necessary to carry out tho provisions of this Agreement.
3. WIFE'S DEBTS. Wife represents and warrants to
Husband that as of the date of separation she has not in-
ourred, and in tho future she will not contract or incur,
any debts or liability for which Husband or his estate might
be responsible and shall indemnify and save harmless Husband
from any and all nlaims or demands made against him by
-2-
reason of debts or obligations inourred by her. Any and 011
loans and/or debts, and oharge aooounts/ presently in Wife's
name alone shall be Wife's sole and separate responsibility
tor payment. Wife agrees to indemnify and save harmless
Husband from any loss he may sustain, inoluding attorney
tees/ as a result of any default in payment by Wife.
4. ~AND'S DEBTS. Husband representa and warrants
to Wife that as of the date of the separation he has not
inourred, and in the future he will not contraot or inour,
any debt or liability for whioh Wife or. her eatate might be
responsible and shall indemnify and save harmless Wife from
any and all olaims or demands made agsinst her by reason of
debts or obligations incurred by him. Any and all loans
and/or debts, and charge accounts, presently in Husband/s
name alone shall be Husband's sole and separate responsibil-
ity for payment. Husband agrees to indemnify and save
harmless Wife from any loss she may sustain, inoluding
attorney fees, as a result of any default in payment by
Husband.
5. EOUITABLE DISTRIBUTION. Husband and Wife acknowl-
edge and agree that the provisions of this Agreement with
respect to the distribution and division of marital and
separate property are fair, equitable and satisfactory to
-3-
. .,. ~...
them based on the length of their marriage and other rele-
vant faotors whioh have been taken into oonsideration by the
parties. Both parties hereby aooept the provisions of this
Agreement with respeot to division of property in lieu of
and in full and final settlement and satisfaotion of all
olal,ms and demands that they may now have or hereafter have
against the other for the equitable distribution of their
property by any court of competent jurisdiotion pursuant to
Seotion 3502 Qf The Divorce Code or any other laws. Husband
and Wife voluntarily and intelligently waive and relinquish
any right to seek a court ordered determination and distri-
bution of marital property, but nothing herein oontained
shall oonstitute a waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing
the provisions of this Agreement.
6. DIVISION OF PEBaQNAL P~OPERTY AND VEHICLES. The
parties have divided between them, to their mutual aatisfao-
tion, the personal effects, bank accounts, household furni-
ture and furnishings, and all other articles of personal
property which have heretofore been used by them in oommon.
The parties e~pressly agree that Wife shall be entitled
to exclusive ownership of the vehicle currently in her pos-
session, and that Husband shall relinquish any and all
interest he may have in such vehicle. Wife agrees to be
-4-
lolely responsible for payment of any and all enoumbranoes
and expenses affeoting such vehiole. Wife shall indemnify
and save harmless Husband from any loss he may sustain,
inoluding attorney fees, as a result of any default in
payment of the aforesaid obligations by Wife. Husband shall
be entitled to exolusive ownership of the vehiole ourrently
in his possession, and Wife shall relinquish any and all
interest she may have in such vehicle. Husband agree a to be
solely responsible for payment of any and all enoumbrances
and expenses regarding such vehicle. Husband shall indem-
nify and save harmless Wife from any loss she may sustain,
inoluding attorney fees, as a result of any default in
payment of the aforesaid obligations by Husband.
The parties further agree to e~ecute any vehicle ti-
tles, Power of Attorney or other documents necessary to give
this Paragraph full force and effeot, upon request.
7. CASH SETTLEMENT PROVISION TO WIF~. In consider-
ation for her interest in the equitable distribution of
as~ets/ Husband shall pay to Wife a cash settlement of
$400.00/ upon execution of this Agreement and Wife's execu-
tion of her Affidavit of Consent and Waiver of Notioe.
B. PENSIONS AND EMPLOYMENT BENEFITS. Husband and
Wife are the owners of oertain pension plans and/or retire-
-5-
ment plans Bnd/or employee stook or sBvingB plans, whioh
they have Bcoumulated during the ooure~ ot their past and
presftnt employment. It i. hereby speoifioallY agreed thBt
Husband and Wife eaoh shall forever relinquish to the other
his or her right, title and interest in said pension plans
and/or retirement plans and/or employee stook or savings
plsns, BS well as all other employment benefits, ot the
other. The parties agree to e~ecute any and all dooumenta-
tion necessary to effoctuate the terms herein contained.
9. CUSTODY. custody of the parties minor child,
Nikolas A. zulli, sholl be governed by tho Order to be
entered to No. 2031 S 1996, Court of Common PleBS ot Dauphin
County, Pennsylvania, or as such Order may hereafter be
modified.
10. CHILD SUPPORT. Husband shall pay child support
pursuant to the order which has been entered in the Domestic
Relations Order of cumberland county, Pennsylvania, on
August 6, 1996, pursuant to No. 12al S 95 (DR 24,627), or as
that Order may be modified hereafter.
11. ALIMONY. Both parties agree to make no claim for
alimony or alimony pendente lite now or at any future time,
-6-
or in oonneotion with the pendin9 divorce action between the
parties.
12. COUNSEL FEES. Husband and Wite agree to be lolely
responsible tor payment of his or her respeotive at~orney
fees in oonneotion with this Agreement and the pending di-
voroe aotion between the parties.
13. FINANCIAL DISCLOSURE. The parties have disolosed
to eaoh other and they are aware of the extent of eaoh
other's income, assets, liabilities, holdings and estates.
Husband and Wife confirm that by e~ecuting this Agreement
each forever waives any future right to set aside said
Agreement, or to defend against its enforcement or any
portion thareof based upon the absence of suoh a disclosure
by the other party/ or based upon any claim that it is
inequitable, unconscionable or does not make a reasonable
provision for one or the other of them.
14. BREACH. If either party breaches any provisions
of this Agreement, the other party shall have the right, at
his or her election, to sue for damages for such breach,
inclUding legal fees and expenses, or seek such remedies or
relief as may be available to him or her respectively.
-7-
1&. "OOITIONAL INSTRl,Il'tJllillb Each of the parties shall
from time to timet at the request of the othor, .~eoute,
acknowlodge, and deliver to the other party any and all
further instruments that may be reasonably required to 9ive
full force and effect to the provisions of this Agr.eemont.
16. VOLUNTARY EXECUTION. The provisions of this
Agreement and their legal efteot have been fully explained
to the parties by Max J. smith, Jr., Esquire, attorney tor
Husband, and Richard S. Friedman, Esquire, attorney for
Wife/ and each party acknowledges that the Agreement is fair
and equitable, that full disolosure has boen made by eaoh
respective party to the othor, that it is being entered into
voluntarily, and that it is not the result of any duress or
undue influence. Wife and Husband acknowledge that they
have been furnished with all information relating to the
financial affairs of the other, which has been requested by
them respectively.
17. NO-FAULT DIVORCE. Both parties agree to execute
an Affidavit of Consent and Waiver of Counseling to facili-
tate entry of a divorce decree pursuant to Section 330l(c)
'of the Divorce Code contemporaneously with execution 'of this
Agreement.
-8-
18, ~JVE~ OF CLAIMS AGAINST EST~, EKoept a. herein
otherwise provided, esoh party may dispose or his or her
property in any way/ and eaoh party hereby waives and relin-
quishes any and all ri9hts he or she may now or hereafter
aoquire, under the present or future laws of any jurlsdio-
tion, to sh"re in the property or the estate of the other as
a result of the marital relationship, including, without
limitation, dower/ curtesy, statutory allowanoe, widow's
allowanoe, right to toke property o9ainst the Will of tho
other, and the right to aot as administrator or e~eoutor of
the other's estate/ and each will, at the request of the
other, exeoute/ aoknowledge "nd deliver any and all instru-
ments which may be neoessary or advisable to carry into
effect this mutual waiver and relinquishment of all such
interest, right. and claims.
19. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This
Agreement shall bind the parties hereto and their respeotive
heirs, executors, administrators, legal representatives and
assigns. This Agreement shall survive a decree of divorce
between the parties in any jurisdiction and any other order
which may be entered in accordance with this Agreement. In
the event that a Decree of Divorce is entered in the Court
of Common Pleas of cumberland county, pennsylvania or in the
event that a Decree in Divorce is entered in any other
-9-
..,..\
jurildiotion, the partiel agree to inoorporate this Agree-
ment in the Oivoroe Deoree for purposel of enforoement. It
is the Ipecifio intel,t of the parties to be bound by the
provisions hereof in lieu of any other olaim or order of
support, maintenanoe, alimony, equitable distribution,
oounsel fees, oosts/ maintenanoe of insuranoe, equitable
relief or property settlement or with regard to any other
olaim for relief which might be brought by either party
against the other, or with regard to any other provision
hereof. In the event th~t any finol ordar of court is
entered in any jurisdiction with respect to the parties
hereto which is contrary to the provisions hereof, then the
rights and responsibilities of each of the parties hereto
shall be relieved or adjusted to the extent neoessa~y to
oonform to this Agreement.
20. ENTIRE AGREEMENT. This Agreement oontains the
entire understanding of the parties, and there are no repre-
sentations, warranties, covenants or undertakings other than
those expressly set forth herein.
21. MODIFICATION AND WAIVER. A modification or waiver
of any of the provisions of this Agreement shall be effec-
tive only if made in writing and executed with the same
formality as this Agreement. The failure of either party to
-10-
inlilt upon lerict performance of any of the provilionl of
thil ^qreement/ shall not be oonstrued as a waiver or any
lubsequent default of the same or similar nature.
22. ~GREEMENT BINDING ON HEIRS. This Aqreement shall
bs binding and shall inure to the benefit of the parties
hereto and their respective heirs, e~eoutors/ administra-
tors/ SUQoessors and assigns.
23. SEVERABILI'rx. If any term/ oondition/ olause or
provision of this Agreement shall be determined or deolared
to be void or invalid in law or otherwise, then only that
term/ condition, clauae or provision shall be stricken from
this Aqreement and in all other reapects this Agreement
shall be valid and continue in full force, effect and opera-
tion. Likewise, the failure of any party to meet her or his
obligations under anyone or more of the paragraphs herein,
with the e~ception of the satisfaction of the conditions
precedent, shall in no way avoid or alter the remaining
obligations of the partiea.
24. DESCRIPTIVE ijEADINGS. The descriptive headings
used herein are for convenience only. They shall have no
effect whatsoever in determining the rights or obligations
of the parties.
-11-
I)ON/IlID N. :l.UI.I,). .IIL, I IN THE COURT OF COMMON PLEAS
Plainti~r I CUMBER~D COUNTY/ PENNSYLV^NIA
I
v. I NO. 9h- 47 jl,
I
JI!;NNr pJ;:r~ .J. ZUI,I,J, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
PRAECIPE TO TRANSMIT RECQRC
To the Prothonotaryt
Transmit the reoord, together with the fOllowing infor-
mation, to the Court for entry of a divoroe deoreet
1. around for divorcet irretrievable breakdown under
Section IXI 3301 iQl 1.\ 3301 Idl of the Divoroe code.
(Cheok applio~ble seotion).
2. Date and manner of servioe of the oomplaintt
bv Acccotnnco of SQ)"Vl('U ri I Qd AlInllBI 14 1 qq6.
3. (Complete either paragraph (e) or (b).
(a) Date of execution of the affidavit of oonsent
required by section 3301 (c) of the Divoroe Codet by Plain-
tiff
Aorll 2 1997
March 26, '997
, by Defendant
(b) (1)
vi t required by
I
Date of execution of the plaintiff's affida-
Section 3301 (d) of the Divorce Codet
, (2) date of service of the Plain-
tiff's affidavit upon the Defendantl
4.
Related claims pendingt
None
411",9J1/6~
Att.,n., ,., (Xl ,-ntl"
( ) Defendant
I
"
In
II
"
f1 -' ~
.II {,.
~~
r" lJJ "i .
~fr" 'I~
'I.. :)t!
~i' 1.\:: ~:::~
( .~. :-;'0
I
, '~~
~\' '"
"
.~ .,.~
Itt l; I,
1,J
"
'1
I'
I!
,
II
"
\'
,
"
"
'1
I!
"
,
"
"
il
.,
I
I
.,
I"
"
"
'I
"
;1
"
i,
Ii
,I
II
,
,
"
,
, ,
,
,
,
,
,
,
I'
I
"
"
,
,
,
,
.
, ,
DONALD N. ~ULLI, JR.,
Plaintiff
v.
IN TH~ COURT OF COMMON PL~AS
CUMBERLAND COUNTY, PENNSVLVANIA
NO. 96-4236 civil Term
CIVIL ACTION - LAW
IN DIvoRcr,;
JENNIFER J. ZULLI,
Defendant
AH8WIR TO COMPLAINT IN DIVORO! AND COUNT!RCLAIM
ANBIf!8
1. Admitted.
2. Denied. The Defendant's address is 5 Adami st.,
Apt.. 3, Enola, Cumberland county/ Pennsylvania 17025.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
B. Admitted.
9. Admitted.
10. Admitted.
COUNTElROLAlH
COUNT I
IQUITABLEI DISTRIBUTION
(under Section 3502(a) of the Divoroe Code)
11. The prior paragraphs of this Answer are
inoorporated herein by reference as though set: forth in full.
"
"
, ,
"
'I
,I'
,
1'1
"
"
"
,
I
"
dl
.". -. I,'
t\" I.
~,' , .
~.r;:: .. ;P, _~ ..Y!
,."1 I__IW "
"'I , . 1.1 ;~
" ' .
I ~ i 11<1 ,",::,
~l)' -,. : r !"i " , "
fir ,.. J,~; ,
1" f j~II'IJ
l~.11 , 'f~ "
I ...' -. 1'1
II. tv ~.. I , "
Q ,
"
'I'i .. I
I
, ,
, ,
I' "
I
I,
,
"
I.
I ,
, ,
'I "
, , "
"
, ,I "
"
" 'I
. .
.'
"
"
I . I _
. I I .
OONAI.O N. ZUX,X,I t JR. / I IN THE COURT OF COMMON PX,EAS
plain iff I CUMBERLAND COUNTY, PEHNSYX,VANIA
I
V. I NO. 96-4236
I
JENNIFER J. ZUX,X,I/ I CIVIL ACTION - LAW
Defendllnt I IN DIVORCE
f\FFIDhVIT OF CONSENT.AlW
liAIY.ER OF COWi.S.lS.l.lllii
1. A complaint in Divoroe under seotion 3301 or the
Divoroe Code was filed on July 25, 1996.
2. The marriage of Plaintiff and Defendant is irre-
trievably broken, and ninety days have elapsed sinoe the
date of tiling the complaint.
3. I consent to thn entry of a Fina! Deoree of Di-
voroe.
4. I have been advised of the availability of mar-
riage counsell.ng and understand that I may request that the
court require that my spou~e and I participate in oounsel-
ing. I further understand that the court maintains a list
of marriage counselors in the Prothonotary's office, which
list is available to me upon request. Being so advised, I.
do not request that the Court require that my spouse and I
participate in counseling prior to a decree being handed
down by the court.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNQ6B
~3301Ccl OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Di-
voroe without further notice.
.,
.,.. 1.'1 ,"
I"; .... ,
i.o. .. I . t.~
"f ~. II"~I
.',/
I. . ~ .,:t
It' , '\:J
\1: " '.1i
, ' !.....
ll\; , ~'l ' I ~ j
\r-'!" \~- :1.\)
I.", IU",
\ ,-"
" ~/- . I
'.J (1\ U
r",
Ii
rill') C,FI'IC',;
" 'T'''(
I I 1"'\
')(, rrl' ~11) III il n
,l),ltll','I-, ,I J I.,.J I' Iii:', I'
lll:r"" _'I" "1"'\ '
n.. ~I \~t. h-11 . If'
/,
"
,
II
II
ii' I)
"
"
I'
,
I
.,
, '
"
I!
'I
"
"
'I"
,.
I
'I
"
"
,
,
I I
,,,
i,l
,
I
'I
00;
11100;
00;1>
~~ "" ~
"" !:I I I
f1.1Il ,,., III I'(
Z j.J '0 ~
~i5 !:I ~
"M
~f1. . III "" .J
0 .* l!5P: .8 I'( i otd ~ ~
H
.... U ~~ H ~
'M .J ~ i ! i
=- r.. H ~ I
'M 0 .J W
U 0 ~ p:
f-oUZ . f1. .:l ,.; ~
'l) ~r:l8w =-
,...., 0") III .
I'l OZt;t: ~ I
., uo< p: Z ~ r..
I .J.o:o r..
'" lol p: I> r:l H
'" ~W.JH .J H ~
~Hr:l I'( !
~ Z ~z 8 0<
H ~I U H 0") .J
"
"
"I,
,I I
'I,
"
I'
.
I
,
.
"
"
'I
'I
I'
'r:
I"
'I,
,
"
I, ri
",
"
,
) \1
,II ,I
'IJ
,
I'
'I
,
"
"
I.
,
,iI, 1
.,
,
I'
III,
, '
I"
,',
-r,1
I ','
,. ,
, I
ii, I
'I
I !i
,
" , ~
, I
, './ i]
I,
'I
,
"
"
I;,
"
I'
,
;-),
,"
"
I
:1
"
"
",-
,
,1\
, ,
'f,';
" . '1'
1'/ 1'.,
:,.
'Ii
,
,111'1
.,'
,
"1,1'10
i/
'ilj!
"
."
'I'!
"
'II!
.,
1'1
,
,
1;"',1
.,'
,}
I,
'"
IIIII
I'
,
,,'
, ,
"
.,
,
"
'It,
.,
"
,
I'
,
,
,
,
,"
"
PIMOHAL
Olothing
rood
Sarbn/lfairdr....r
or.dit paymente
or.dit Card
Charg. Aooount
Melllbenhips
LOANS
cr-adit Union
~
-
-
-
-
MISCELLANEOUS
Household Help
Child Care
Papers/Books/Maqazin..
Entertainlllent
Pay TV
Vaoation
Gift.
Legal F,..
Charitable Gifts
Other support
Alimony Payment,
OTHER
Trash
1!5.0Q
20.00
-
18.00
200.0Q
240.0Q
-
12.00
TOTAL EXPENSES
$
$ 1. 801. 00$
, ,
1;1,
.
.,
..
:-
...
...
.
..
..
.
.
.
.
.
.
.
..
04
..
:.
.
..
....
..
..
..
..
...
.
.
.
.
'....
-A
,A
~.
..
.....
...
--
i':NII'" I 'J 'II"
~tt.
-i-vr;(gS
J1 c9 Q~, 4Ll
& \\d,7lJ
$,dT7,~O ,
'~' .... .
d3s.2>'1
'Ii' .., .
, 37.00
&, ~, L/7
~ tIJo,()D
~"';lo.f\ t-,U\uol ,lJoRe. "'/~S,Jq'
, U6I
: c o..r~+ Cv.(.\ ()f I ..
: u..."'C~ ~ if
, : ~p +.l...
. Phont.
':~Ui l..L'fnerc.~is(.
. S eo.. rS
Th f'v\oQ.of.. QCI,rd
~n'lOl"1
"':"> .....,
, '6osc.oJs
~,,~
.
",. 30 , () 0
-31 / ;;S,() ()
r1'i33';),(:j()' .
.!Jtq/p /. 9u
..l! I J 000
~o. i cI 014+ :
C) J.I'\LOmt. 10.." IL-<.. h~llrJ; ..:1 \ ~ 5~
@ ~t O\N'(S boO'.. 1),)\5:
~ }b,w., 9c.. ,e\ -: rv ~("l..'" )3,', l\::.: 4 '), 0 n. o;z
\)O"~r .
Jj~~.~4
~ I ~ ,00
~ J 19. 92
'~:33,~.09
.' "'/ u~. . () 7
~_. ...,
.. CJ3.. 00
J/S4,7/
~ / I Y. 00
~"-;q 0/
4' /5'5.00
$/?4.o7
':8' / ~O, 00
8 !fj), ()()
B) ,000
~ '2:,10 n. 0 :J
$1,50fSI
ASSITS or THI PARTXIS
Defendant marka on the list below those items applioable to
the aase at bar and itemilles the assets on the following pages.
() l.
(x) 2.
(x) 3.
() 4.
() 5.
() 6.
() 7.
() 8.
() 9.
( ) 10.
(x) 1l.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
) 16.
) 17.
( ) 18.
(x) 19.
( ) 20.
( ) 2l.
( ) 22.
( ) 23.
(x) 24.
(x) 25.
( ) 26.
Real I?roperty
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accountD, cash
Savings accounts, money market and savings certifioates
Contents of safe deposit boxeD
Trusts
Life insurance policies (indicate face value, oash
surrender value and current beneficiaries)
Annuities
Gifts
II1heritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including percentage of
ownership, and officer/director positions held by a party
with company)
Employment termination benefits-severance pay, worker's
compensation claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date
Retirement plans, Individual Retirement Accounts
Diaability payments
Litigation claims (matured and unmatured)
Military/V.A. benefir.s
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include aD a total
category and attach itemhed list if distribution of
assets is in dispute)
Other
1'.01'..'1'1 '1'RANBr....D
Item
Number
Ce.Clript1on
Qf l'rope~ty
Date of
Transfer
Consider-
atiQn
Penon to Whom
'l'ranlferred
NOHl
"
, ,
II
, ,
, ,
, " ,I
,.,
'I
, .,
I
I ,
, , ,
I I
" I
, , , ,
LrABrLr'J':rBS
Item Deloription Names of NlImel Q~
Number of Property All Cl.'editors 1\11 Deb orlll
1. Credit Card BOllloov'lII Joint
2. Credit Card Bank one Joint
(Servioe MerQhandise)
3 . Cndit Card ExproslII Jennifer lOon
authorhed)
4. Credit Card Montgomery Ward Joint
5. Credit Card Lerner's Joint
6. Credit Card American Express Jennifer
7. credit Card Mastercard Joint
8 . Credit Card Visa Joint
9. Credit Card Sears Joint
10. Credit Card The More Card Joint
11. Credit Card Bon Ton Joint
12. Credit Card Commercial Joint
Credi t
13. Credit Card Struoture Don (Jennifer
authorized)
14. Credit Card John Wanamaker Joint
15. 1988 car PNC Bank Joint
f/pcDivoroe\Zulli.Inv
I '
~
A ClltJlI 511/\'h;, III
UmK ONE~ UAYTON, NA
UAYTuN.OIlIO
Nt. ;JJr;;'lii-'j;~u;;;tltt;~fi~,--"~ ';,-.' ;;"rlJrrTf";;~~; ." ,.
. . -
...'!!!l',.,.,.j!JJL_____________,______
_>>"1"'.0' .1__J____________.___
ro,. '"',,.."If'"mtll ,,,IJ,,II..' 1JI'f1,y,'
_~ll!}'J_J'.!-'~~~!~~!_.__.~_._.____~__.~._.~_
Sl!IlVlCl! MlmCllANPlSI,
IltflJl.i"" Q(I(II'"
1'0 /lOX lH02
LJA "TON, 011 45401
Accllll>r 799H,HlI,H2\
N.w bol '322.65
l'.y duo dot. JIIII. 6, 1')')(,
Mill .011 dll. 555,00
I Amount .nclll~ 5 :=.J
M""mum _mrun,' J_, ",ull,J" 'H,OO /hul
,I",.
Md, ,",,1.. "",."" '0 "
a"d. 0"" V,.""rf, NA
DAN~ ONE, IIAVTON, NA
PO BOX 010821
DAVTON 011 ~5~81-8821
UNITED STATES OF AMERICA
1,1"1,1,1"1,.11,,1...,111,,1,1,,1,,,1,1,,.111,1..1
JENNIFER J ZULLl
1036 DOGWOOD LN
ENOLA PA 11025-2040
1",111",111"".1.1,1.1...1.111....1..111...,.11..11..11,,,1
0005460479966LL342300000322650000005500
.........,0.."...",....,..,........."..'..'0"'...,.,..,..."'.,......,.....
,...."..".",,,-......,,.,..,,..,,,....,.,,......,,.,,,,,,..,....,,,,".',,,,......".
Sl>RVICE MEltClfANDISl!
Acel 111" 799H.R 11.342:\
SI.,.md1l dol. May I), 1996
I'ogo I or 2
Cr.dilhmit 1500,00
Cr.du o,ollobl. NONE
I'oy duo dOIO/UIl. 6, 1996
Mm omllunl ,uo '55.00
Accounl lumm.ry
l'rtvlo".
b.ltl1U
.1'.Ylnlttll.
.Othrr j. Purel,..r. &; I 'fer.1md + FINANe"
crrdll' Ulh ,Ih".net. .dlullmrnll ClfAIlGlt5 .... New b,l."c,
n,I.~" ", tt,""" 'It"~
19..17
0.00
0.00
0,00 17./10 ..'11I In.n
0.00 17.110 ..'11I In.n
wrltet
UOllk On., 1J0yton, NA
1'0 llox 276
Ooyton 011 0\5401-0276
Totti
In.17
0.00
0.00
QU.lIlo11l? cllh
C."m,,,,,,,.,;,,
1.800.333.3487 lnro Avolloblo 24 Hr.
I
-_.-.---.------ ---. -.- --.-
1.11/ or ,III,. ''', 1.8oo-3.\.\..\4H7 In(o Avo.lohl. 24 Hra
m/./j",fONlNG 11'1/_'- Nor I'Ii1iShRVI; YOUR Rn;lIr TO O/sI'V'H RII.I.ING ljRRORS.
CUrt.nl lronuctloll.
Tr.n..cdon ru.t!nl
dltt dlte
D"IC,I"I1I)1\
Atnnl.lnt
OliO.
OliO.
I.ArE 1'^YMI:Nl' rlEE
17./10
ill OIlI401 OOOU11
o00ooo1 01' onoolllll AIHll X
. FRIEDMAN & Frnl'lDMAN, P.C.
A'I"I'IlIlNIlYIi 1>1' LAW
C100 N, HltCONIJ H'I',
1'11''1'11 FI))llJ'
1',0, Bllx IIII.~
UMWllilJUllfI, P'!NNIiYI.YANIA 111011
11111 WIIII'III'lJl)
"JII.ttl'IH'I"" Nn, 11171 UII"'IIIU111
)t'QII^"1I /I, l'III.U.,AI'
'''1111'1 I', KIN"
Deoember 30, 1990
m. Robert Slioker, Jr.,
9 N. Hanover Street
Carlisle, PA 17013
Jilsquire
In rei
Zulli v. Zulli
No. 4236 civil 1996
Pear Mr. Slickerl
Mr. smith and I have been negotiating. I will know by
January 10 if we are able to conclude this matter amicably. If
so, obviously it will not be necessary to proceed further with
you/ $xcept for filing of a stipulation. If not, I will have my
information submitted by January 20, 1996.
Very t~y you,.,
,i.h.F' ~ ',i.dm.n
,
RSF/mm.eliaker.esq
001 Max J. Smith, Esquire
i i
"
"
.1
"",,"m ~NI) 12/14/96 CI'fCK NU'~Ufll 36149
lULU HNNIfU J lili'Ul-62-0792 WI'LOVH NO 802117
S
'1' EDERAL 42 4 397 .3
UfO IJA A STATE 10 2 108 6
VE'''I"l III PA 2 , 6
0"" Oil II"B en 3 7 38 5
ED lC ARE 5 0 56 ,
PT 10 0
.
HOUU HI'.
VAC
1"I'f.
BALANU
Tlil6 16 A STATEMENT OF YOuR EARNIN<l6 ANO PAYROU o~pucrlON6
STE~JNS" ..J
NOW, THEREFORE, in oonsideration of the premiSfls and of
the marriage, and in further oonsideration of the mutual
promises and undertakin9s hereinafter set forth, eaoh in-
tendin9 to pe le9ally bound hereby/ the parties agree as
follows I
1. BEPARA'rION. It shall be lawful for each party at
all times hereafter to live separate and apart from the
other party at such plaoe as he or she may from time to time
ohoose or deem fit. The foregoing provisions shall not be
taken as an admission on the part of either party of the
laWfulness or unlawfulness of the causes leading to their
living apart.
2. INTERFERENCE. Each party shall be free from
interference, al',thority and contact by the other, as fully
as if he or she were single and unmarried e~oept as may be
necessary to carry out the provisions of this Agreement.
3. WIFE'S DEBTS. Wife represents and warrants to
Husband that as of the date of separation she has not in-
ourred, and in the future she will not contract or incur/
any debts or liability for which Husband or his estate might
be responsible and shall indemnifY and save harmless Husband
from any and all claims or demands made against him by
-2-
reason of debts or obligations inourred by her. Any and all
loans and/or debt., and oharqe aocounts, presently in Wife's
name alone shall be Wife's sole and separate responsibility
for payment. Wife agrees to indemnify and save harmless
Husband from any lo~s he may sustain, including attorn$y
fees/ as B result of any default in payment by Wife.
4. HUSBAND/S DEBTS. Husband represents and warrants
to Wife that as of the date of the separation he has not
incurred, and in the future he will not oontract or inour,
any debt or liability for which Wife or her estate might be
responsible and shall indemnifY and save harmless Wife from
any and all claims or demands made against her by reason of.
debts or obligations incurred by him. Any and all loans
and/or debts, and charge accounts, presently in Husband's
name alone shall be Husband's sole and separate responsibil-
ity for payment. Husband agrees to indemnify and save
harml.ess Wife from any loss she may sustain, inclUding
attorney fees, as a result of any default in payment by
Husband.
5. EOUITABLE DISTRIBUTION. Husband and Wife acknowl-
edge and agree that the provisions of this Agreement with
respeot to the distribution and division of marital and
separate property are fair, equitable and satisfactory to
-3-
them based on the length of their marriage end other rele-
vant faotors whioh have been taken into oonsideration by the
parties. Both parties hereby aooept the provisions of this
Agreement with respect to division of property in lieu of
and in full end final settlement and satisfaction of all
claims and demands that they may now have or hereafter have
against the other for the equitable distribution of their
property by any court of oompetent jurisdiction pursuant to
seotion 3502 of The oivoroe Code or any other laws. Husband
and Wife voluntarily and intelligentlY waive and relinquish
any right to seek a court ordered determination and distri-
bution of marital property, but nothing herein contained
shall oonstitute a waiver by either party of any rights to
seek the relief of any court tor the purpose of enforcing
the provisions of this Agreement.
G. DIVISION OF PERSON~L PROPERTY AND VEHICLES. The
parties have dividEd between them, to their mutual satisfac-
tion, the personal effects, bank accounts, household furni-
ture and turnishings, and all other articles of personal
property which have heretofore been used by them in common.
The parties expressly agree that Wife shall be entitled
to e~clusive ownership ot the vehicle currently in her pos-
session, and that Husband shall relinquish any and all
interest he may have in such vehicle. Wife agress to be
-4-
lolely relponlible for payment ot any and all encumbranoe.
and expenses atfeotin9 suoh vehiole. wite ahall indemnifY
and eave harmlees Husband from any 10ls he may eustain,
inolUdinq attorney fees/ as a reeult of any default in
payment of the aforosaid obligations by Wife. Husband shall
be entitled to e~clusive ownership of the vehiole ourrently
in his possession, and Wife shall relinquish any and all
interest she may have in such vehicle. Husband agrees to be
solely responsible for payment of any and all encumbrancee
and ~xpenses regardin9 such vehicle. Husband shall indem-
nify and save harmless Wife from any loss she may sustain,
inoluding attorney fees, as a result of any default in
payment of the aforesaid obligations by Husband.
The parties further a9ree to e~ecute any vehicle ti-
tles, power of Attorney or other documents necessary to qive
this Paragraph full force and effect, upon request.
7. CASH SETTLEME~T PROVISION TO WIFE. In consider-
ation for her interest in the equitable distribution of
assets, Husband shall pay to wife a cash settlement of
$400.00, upon e~~cution of this Agreement and Wife's e~ecu-
tion' of her Affidavl,t of consent and Waiver of Notioe.
B. PENSIONS AND EMP~YMENT BENEFITS. Husband and
wife are the owners of certain pension plans and/or retire~
-5-
ment plana and/or employee atook or aaving. plana, whioh
they have aooumulated during the oourse of their paat and
preaent employment. It is hereby speoificmllY agreed that
Husband and Wife ebch shall foreVer relinquish to the other
his or her right, title and interest in said pension plans
and/or retir6ment plans and/or employee stook or savings
plans, as well as all other employment benefits, of the
other. The parties agree to exeoute any and all dooumenta-
tion necessary to effeotuate the terms herein oontained.
9. ~~IQD1. custody of the parties minor child,
Nikolas A. zulli, shall be governed by the order to be
entered to No. 2031 S 1996, court of common Pleas of Dauphin
county, Pennsylvania, or as such order may hereafter be
modified.
10. CHILD SUPPORT. Husband shall pay child support
pursuant to the Order which has been enterad in the Domestic
Relations Order of cumberland county, Pennsylvania, on
August 6, 1996, pursuant to No. 1281 S 95 (DR 24,627), or as
that Order may be modified hereafter.
11. ~LIMONY. Both parties agree to make no claim for
alimony or alimony pendente lite now or at any future time,
-6-
or in oonnect1on with the pending divoroe aotion between tne
partie..
12. POUNSEL FEES. HUlband and Wife agree to b. lolely
r..ponsible for payment of his or her respeotive attorney
tees in oonneotion with this Agreement and the pending di-
voroe aotion between the parties.
13. FINANCIAL DISCLOSURE. The parties have disclosed
to eaoh other and they are aware of the e~tent of eaoh
other's inoome, assets, liabilities, holdings and estates.
Hu.band and Wife confirm that by e~ecuting this Agreement
eaoh forever waives any future right to set aside said
Agreement/ or to defend against its enforcement or any
portion thereof based upon the absence of such a disclosure
by the other party, or based upon any claim that it is
inequitable, unconscionable or does not make a reasonable
provision for one or the other of them.
14. BREACH. If either party breaches any provisions
of this Agreement, the other party shall have the right, at
his or her'election, to sue for damages for such breach,
inoluding legal fees and expenses/ or seek such remedies or
relief BS may be available to him or her respectively.
-7-
15. ~DDITIONAL INSTRUMENTS. Each of the partie. .hall
from time to timet at the reque.t of the oth~r/ eHeoute,
ao~nowledge, and deliver to the other party any and all
further instrument. that may be reasonably required to give
full foroe and effeot to the provisions of this Agreement.
16. VOLUNTARY EXECUTION. The provisions of this
Agreement and their legal effeot have been fully e~plained
to the parties by Max J. smith, Jr., Eequire, attorney for
Husband/ and Richard s. Friedman/ Esquire, attorney for
Wife, and eaoh party acknowledges that the Agreement is fair
and equitable, that full disclosure has been made by each
respective party to the other, that it is being entered into
voluntarily, and that it is not the reault of any duress or
undue influence. Wife and Husband acknowledge that they
have been furnished with all information relating to the
financial affairs of the other, which has been requested by
them respectively.
17. NO-FAUL~ DIVORCE. Both parties agree to exeoute
an Affidsvit of Consent and Waiver of counseling to facili-
tate entry'of a divorce decree pursuant to Section 3301(C)
of the Divorce Code contemporaneously with e~eoution of this
Agreement.
-8-
18. ~AJVER OF CLAIMS AGAINST ESTATE. 2xaept as herein
otherwi.e provided, eaoh party may di.po.. of his or her
property in any way, and eaoh party hereby waives and relin-
quishes any and all rights he or she may now or hereafter
aoquire, under the present or future laws of any jurisdio-
tion, to share in the property or the estate of the other as
a result of the marital relationship, inoluding, without
limitation, dower/ ourtesy/ statutory allowance/ widow's
allowance, right to take property against the Will of the
other, and the right to act as administrator or e~eoutor of
the other's estate, and each will, at the request of the
other, e~ecute/ acknowledge and deliver any and all instru-
ments which may be necessary or advisable to carry into
effect this mutual waiver and relinquishment of all such
interest, rights and claims.
19. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This
Agreement shall bind the parties hereto and their respeotive
heirs, e~ecutors, administrators, legal representatives and
assigns. This Agreement shall survive a decree of divorce
between the parties in any jurisdiction and any other order
which may be entered in aocordanco with this Agreement. In
the event that a Decree of Divorce is entered in the court
of Common Pleas ot cumberland county, Pennsylvania or in the
event that a Decree in Divoroe is entered in any other
-9-
juriediction, the partie. agree to inoorporate this Agree-
ment in the Divorce Decree for purpose. of enforoement. It
il the epeoir.ir. intent of the parties to be bound by the
provisions hereof in lieu of any other claim or order of
support/ maintenanoe, alimony, equitable distribution,
oounsel fees, oosts/ maintenanoe of insuranoe/ equitable
relief or property settlement or with regard to any other
olaim for relief which might be brought by either party
against the other, or with regard to any other provision
hereof. In the event that any final order of. court io
entered in any jurisdiction with respect to the parties
hereto which is oontrary to the provisions hereOf, then the
rights and responsibilities of each of the parties hereto
shall be relieved or adjusted to the extent necessary to
oonform to this Agreement.
20. ENTIRE AGREE~ENT. T.his Agreement contains the
entire understanding of the parties, and there are no repre-
sentations, warranties, covenants or undertakings other than
those e~pressly set forth herein.
21. MODIFICATION AND WA~. A modification or waiver
of any of the provisions of this Agreement shall be effec-
tive only if made in writing and exeouted with the same
formality as this Agreement. The failure of either party to
-10-
ineilt upon Itriot performanoe of any of the provieionu of
this ^9reemenc, Ihall not be oonstrued al a waiver or any
subsequent default of the same or similar natuy..
22. bGREEMENT BINDING ON HEIRS. 'rhil Agreament shall
be binding and shall inure to the benefit of t.he parties
hereto and their respeotive heirs, eX80utore/ adminie~ra.
tors, luooessors and assigns.
23. SEVERABILITY. If any term, oondition, olaule or
provision of this Agreement shall be determined or deolared
to be void or invalid in law or o~herwiDe, then only that
term, condition, ~lause or provision shall be stricken from
this Agreement and in all other rospects this Agreement
shall be valid and continue in full force, effect and opera-
tion. Likewise, the failure of any party to meet her or his
obligations under anyone or more of the paragraphs herein,
w~th the e~ception of the satisfaction of the oonditions
preoedent/ shall in no way avol,d or alter the remaininq
obliqations of the parties.
24. .DESCRIPTIVE HEADINGS. The dascriptive headings
used herein are for convenience only. They shall have no
effeot whatsoever in determininq the riqhts or obligations
ot the parties.
-11-