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HomeMy WebLinkAbout96-05294 . i .Q -. ~ ~ ~ ~ '-. ~ d '-. ~ d ~ --- . - .~ .. " , ,} , ' , , , . / /, 1,,1 , ,/ - , ' ,i " , " :I! ii' dl I,) , I ',' , , I ,I . , , 'I, '/ , I '!t 11 "t " , / , , ' 1/ ,,1 II;' // I.. Id ,I I ,I " " , , Ii Ii " , " .11 ;1 I . I . I' " " 'I ., , I / / , 'I , " " , , 'il!:;' )]'j', , I, 'Ii 'I l' :I I Ii 'J. . I I , . I, " . / " , , "I , . , ;(',1 ," I!l~ "I , / . ! i d, I , " J! 'I) ,,' .1 'i" '/. " /;i ',' ,/ " " , I , '" " II " . , I, :1 'it . , , , " , Ii , ' , / . , I " " ',' " 1/ " " ,if 'IJI 'Ji) " , . / 'I ., ' 'i , I , , ,'1 Ii , ' , ~ " Ii' , . , 'II ti, I, " , II l,i,I', ,I 01: ,.t , 'I " " " " , ,/ I , '. II " . , " '1' I J,' ,./ " / I' , " /' , , ,I, " , ' , . 'II " 'I ,. / ~ ., Ii II ,.J fel / " /, " , I; , I' " I' , I . , , ' ~ " / , , ,!II) !. 'i I' , 'I', , IJ\ " I " " !; I: , , ),' , . ) " ,/'r )1, " , 11 I I ;1 " I' 1,0, 'I , I't I' " 'I'" ,,"', " 'I I' , , 'I; , ' " . , . .j'l , I.' " I' ,:1 ~. 1 ," , I' "1 " " J , 1'1 " " !' Itli , " "1 I, ' /",1" t . " 'II , , ., ".- ...1 " " ,d 111,1 :1 'Ii '!I'L ,t' ,I , ,. ,I , , , " ~. I , " I ' , , I ,I J :i,! , ., , , , iJ ,;1, ~ " 11,,' @i , , ,/ [0(, , . ~i ~i Ij' ~ ~ ~ ~ $ ~ $ $ $ $ ~ ~ ~ ~ ~ $ - ~ - - . , . .->>;. "*' ... . . ~. , , ,~ . '.\' , Wi ". $i " !!l, MI 'I $1 ./ ~. $1 ~I 8! 'I $1 ~I ~I ~: 'I ~I , , .t~. .tt;. ,to.:, '*' ottI> '9l . --, * l~ 1* * * * * * * * * * * * * ~ I, * * t* I. , '~ I. :~ i~ ;~ I' I ~'. I~ I~ I' " ,[0( :~ ,,;, ," ..~ , .tt;, 'I~' ,10.:' -:.:. ,to.;, '~oi' .~. ,~. -:.:' ~, ,~.:. .~.:'~.:' ,t.:. ~:'" , ~.:' ,I ,~..' tfo:. 'C':' .:<<, .:tC' .:.;. .~.:- .:t:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF I~~' PENNA. I.lN))^. C. Mi\11I^.NI, !j ;)1/11 96~ 'H'" I L) 96 l'ldnt.itf ~ll. \'1'1'."11:' ^.N'l'1l01W 1". H^.IU^.NI, Defendant DECREE IN DIVORCE ,\ L ).....,..... ~ lV\., \ ) ,( I AND NOW, '" "." ''''''',. ".., "'. 19. n " It Is ordered and decreed Ihal ".I',I,N,ll.^. .c._. ,M,ARI,^'Nl . . . . , , , , . . , , . . , , . , . ., , , .,. plaintiff, and ,,'" ,AN'mONY ,~'. ,~AlUMH, , . . . . , , , , , , , , . , . . . . , , , , , " defendanl, are divorced from the bond& of matrimony. The courl relolns lurlsdlctlon of Ihe following claims which have been raised of record In Ihls action for which I'J final order h05 nol yel been enlered; . , . . 1'!1!" ~cl'!1r!1~I!,n und l'rol'ertr S!'.t.tlcl11cn.t. ^'I!r!,!,!n~!l,t, ~.c,t~,O!,~l, ,t)l.C, l'.a,r,tl,u,8, , doCIJd, . Junuar~. 2!J.. 1997. (Ind. filed. pf n.!J.!prd. .11l. .1lwprl'prp.tP.d, hprp.11\ by, . , , , In thIs ))ecree. IIr\Thl' e..",'I, ' \ . \ '" ,: \ ~ . \ \ \ll' (V ^1I1"IiX'tJ("('/"r,' [' .-.u",d4 /~~'lf')f') .1. 'IJt~/~'- ~ >>t~, V 1,,4 r/ 'f ;/ ".'lIthonl)l"ry . ;~ ~.~,.~,.~,~,~.~.*..~,,*,.*,.~.,*.~..~':<<,,*.~.~:..~~.*.~. ~ .,;, ~, [0( . ' :~ .,;, " ~ ',' ~ ~ ~ ",' , .. olaim. and pOlllible olaim. by on. aqain.t the otheL' OL' allain.t their L'e.peotive ..tate. NOW TRIRlroRl, in oonsideration of the premises and of the mutual promise., covenants and undertakings hereinafter set forth, Husband and Wife eaoh intending to ~e legally bound and to legally bind their heirs, suooessors and assigns hereby oovenant, promiBe and agree as followSI 1. I.I.DlU.TIOH Husband alld Wife shall at all timeB have the right to live separate and apart from eaoh other and to reside from time to time at suoh plaoe or plaoes as they shall respectivelY deem fit, free from any oontrol, restraint or interferenoe whatsoever by the other, SUbject to the further provisions of this Agreement. 2. ~USBANDIS DEBTS Husband represents and w~rrants tu Wife that he has not, and in the future, will not contract or incur any debt or liability for which Wife 01: her estate might be responsible and shall indemnify and save Wife harmless from any and all olaims or demands made against her by reason of debts or obligations incurrod by him. 2 . '. S. .%.111 DIB"I Wite represents and wsrrants to Husband that she hu not/and in the tuturd/ will not contract or incur any debt or liability tcr which Husband or his estate might be responsible and shall indemnity and save Husband harmless trom any and all claims or demands made against him by rellson ot debts or obligations incurred by her. 4. OUTSTANDING JOI~T DIBTS Husband and Wite hereby acknowludge and agree that: they have no outstanding debts and obligations which we/;'e jointly incurred by them during their marriage. 5. DISPOSITION or RIAL PROPERTY Husband and Wife aoknowledge and agree that the real estate situate at 22 Irongata court/ Mechanicsburg, cumberland county, Pennsylvania, the former marital residence, has been sold, with the consent of both Husband and Wife, and that the net proceeds derived from said sale amounted to $89,924.38. These tunds were deposited in an escrow account at the Dauphin Deposit Bank & Trust Company on December 30, 1996 where they remain. The parties hereby agree that they will divide the total funds in the escrow account equally with said distribution taking place immediately upon issuance of II final decree in divorce. Each of 3 , , . the part i.. shell b. responsible tor his/her own federal and state capital gains taK's, should Bny be inourred as a result of the sale ot the marital real estate. In the event the parties receive It refund of monies held by the mortgagee in esorow, said sum shall be divided equally between them. .. DIVISION or PI!RBONJ\L PR.OPIIRTY Husband and Wife hereby aoknowledge and agree that they have effeoted a mutually satisfaotory division of all of their personal property. More speoifioally, Husband shall be the sole owner of all of the personal property presently in his posseasion, inoluding, but not limited to, the 1990 Ford Taurus, any savings, cheoking, oredit union or other similar accounts in his name, any policies of life insurance of which he is owner, his AMP, Inc. Employee Savings and Thrift Plan, AMP, Inc. Pension Plan, any U.S. Savings Bonds of which he is designated as owner and his coin collection. Wife shall be the sole owner of all of the personal property presently in her possession, inclUding, but not limited to, the 1990 Plymouth Acclaim, any savings, cheCking, credit union or similar accounts in her name, any policies of life inllurance of which she is owner, her Dauphin PepoBit Savings Plan, Dauphin Deposit Pension Plan, Members First Federal credit union Individual Retirement Account, and all U.S. savings Bonds of which 4 . ah_ ia d..ignated a. oWner. In addition, the aooount. at Members First Federal credit Union whioh were opened for the ohildren shall be maintained by Wife for the sole ond e~olueiVe benefit of the ohildren. Tha parties further ogree to sign any raloases or other doouments whioh may be required to ~ffeotu6te his and hor relinquishment of their respeotive interests in the other party's pension plan or benefits and 401(k) plans. 7. JOINT INCOMB T~X RBTURNS HUsband and Wife agree that they will file joint federal and Pennsylvania state income tax returns for the ta~ year 1996. They further agree to divide equally any refunds received or equally pay any taxes dUa. 8. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY, SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE AND qO~BIL-IEEB______ Husband and Wife acknowledge and agree that the provisions of this Agreemont providing for the division of their marital property arc fair, adequate and satisfactory to them and oonform to the criteria set forth in the Pennsylvania Divorce Code, as amended, taking into account 011 relevant considerations, including those Slit forth in the Pennsylvania Divorce Code, as amended. Husband and Wife further agree to accept the provislons 5 ~ ..t forth in thh ,\greement in lieu or and in full and final lettlement and satisraotion of all olaims and demands that either may now or hereafter have against thQ other for equitable diltribution of marital property, spousal support/ alimony, alimony pendente lite and oounllel tees. Eaoh party shall indemnity, defend and hold the other harmless against any future action tor equitable distribution of marital property/ alimony, alimony pendente lite or oounsel fees. Husband and Wife aoknowledge that Wife has instituted a no-fault action in divorce against Huaband dooketed to No. 96-~294 in the Court of Common Pleas of cumberland county/ Pennsylvania. Wife shall prooeed with the said divoroe aotion and the partieB shall execute an appropriate Affidavit of Consent and any other doouments neoessary to oonolude the divorce oontemporaneously with the execution of this Agreement. 9. pATB OF BXBOUTION The "date of exeoution" or "execution date" of this Agreement shall be defined as the date upon which it is exeouted by the parties if they hove eaoh executed the Agreement on the same date. Otherwise, the "date or execution" or "exeoution date" of this Agr~ement shall be defined as the date of execution by the party last exeouting this Agreement. 6 . 10 . W!". 0' 1I0U"",!. The provisions at this Agreement and their legal ettect have been tully ellplained to the part1ell by their rel9perJtive counsel, Paul J. Espol9ito, Ellqllire, tor Wife, and ,lean O. Seibert, Esquir., for Husband. 'l'he partiu acknowledge that eaoh hall received independent legal advice from counsel of their selection and that they have been fully informed as to th~ir legal rights and obligations, including all rightB available to them under the Pennllylvania Divoroe Code of 1980, as amended, and other applicable lawll. Each party confirms that he or she fully understands the terms, conditionll and provisionll of this Agreement and believes them to be fair, just, adequate and reasonable under the e~isting ciroumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the e~ecution of this Agreement is not the rOllult of any durells, undue influence, collusion or improper or illegal agreement or agreements. 11. MUTU~!. R!LBASBS Except as otherwise expressly provided by this Agreementl A. Eac:h party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, Claims, demands or obligations arising out of or by virtue of the maritnl relationllhip of the parties or otherwise, 7 whether now .~i.ting or hereafter arising. The above release shall be effective regardless of whether such olaims aris$ out of ony former or future acts/ oontraots/ engagements or liabilities of the other or by way of dower, ourtllsy/ widow's rightll, family 8)(emption or similar allowanoe, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime oonveyanoe by the other os testamentary/ or all other rights of n surviving SPOUSll to partictpate in 11 deoeased spouse I s estate, whether arising under the laws of Pennsylvania, any state, oommonwealth Qr territory of the United states, or any other oountry. B. Except for any cause of action for divoroe whioh either party may have or cla im to have, and except for the ob1l9ationS of the parties oontained in this Agreement as such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unoonditional release and disoharge from all oauses of action, olaims, rights or demands whatsoever, in law or in equity, Which either party ever had or now has against the other. 12. ,AIVBR OR MODIFIOATION TO BB IN WRITIHQ No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signlild by both parties. 8 .. 1'. ~O W~IV.R or D..~ULT The tailure ot either party to insist upon strict pertormance ot any ot the provisions ot this Agreement shall in no way atteot the right of such party hereafter to entorce the some. 14. LAW or PENNSYLVANIA APPLIQADMB This Agreement sholl be construed in aocordonce with the lows ot the Commonweolth of Pennsylvania. 15. ~ORBBMB~-D1NDINO oH-HIlBB Except os may otherwise be provided, this Agreement sholl be binding ond sholl inure to the penefit of the porties hereto And their respective heirs, executors, odministrotors, sucoessors ond ossigns. 16. INTeORATION This Agreement constitutes the entire understonding of the parties and supersedes any and all prior agreements And negotiotions between them. There are no representations or WArranties other than those expressly set forth herein. 17. OTHBR DOCUMBNTATION Husbond and Wife covenant and agree thot they will, (not more than ten (10) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, 9 ~ not. or other aUoh writings as moy be neoessory or desirable tor the proper etteotuotion of this Agreement. 18. IUIBNUWTY AHD....1lfDIl1'JlliDllliTJdilU1JJ1'ARATLJ:lCYJlliAliU The porties agree thot each aopllrllto opligotiol1 contail1ed in this Agreement shall pe dll<llmed t.o be 0 Bopllrote and independent oovenont and agreement. I f any term. cond i tion, clouse or provision of this Agreement shall be determined or declared to be void or involid in law or otherwise, then only that term, oondition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be volid And oontinue in full force, effect and operation. 1'. ~EADltigB-HQ Any headings preceding the text of the several paragraphs and SUbparagraphs hereof are inserted solely for convenienoe of reference and sholl not constitute a part of this Agreement nor shall they affect its meaning, construction or effeot. 20. MTORNBYS FEES FOR ENFORCEKIlIi'l In the event that either party breaches any part of this Agreement and the other party retains counsel to assist in enforcing the terms hereof, the part.ies hereby agree that the breaching party shall pay all attorney I s fees and court costs incurred by the other pArty In enforcing the Aqreement, providing 10 , Ji I ,I 'I I, .,ll ~ I .. . GOl.llUERO, KATZMAN" 1l1lIl'MAN,II.C. Paul J,I!'I',ml" .11> NlSH4 ^1I"11I0Y' fi'rl'llIinlllr llllH MUlkol NItL'li 1',0, Il,,~ 12c,ij lIulrI.hurl!,l'^ 1111Jij.I2C,K (717)BHIC,1 LINDAe:-- HAR'fANI, Plainti ft v. ItfTlil!l COURT OF coMMON PLSM CUMBSRLANP COUNTY, P~NNSYLVANIA CIVIL ACTION - LAW NO, 96-6294 IN DIVORCE ANTHONY F. HARIANI, Defendant PRAICIPI TO TRANSMIT RIOORD - 'ro THE PROTHONOTARY: Transmit the rellord, together with the following information, to the Court for entry of a divorce deoree, 1. Ground for divorce, irretrievable breakdown under seotion ( X ) 3301 (c) ) 3301 (d) of the Divot'ce Code. 2. Pate and manner of Sorvice of the Complaintl Certified HAil. Return,Receipt~~strict~DeliY~~Y~n~~ber 28, 1996 3. Complete either paragr.aph (a) or (b). (a) Pate of execution of the affidavit of consent required by Ser.:tion 3301 (c) of the Pivorce Code: by Plaintiff 1/28/92r by Defendant 1/29/97 (b) (1) Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of Service of Plaintiff's Affidavit upon the Defendant 4. Pate of execution of the Waiver of Notice of Intentiol1 to Request the Entry of a Divorce Decreet by Defendant 1/29/97 6. Related claims pending I No related claims pendinQ 6. Incorporate but do not merge Agreement filed of record. Patel Ib1hl , I GOLDBERG, fATZM~~ & SHIPMAN,P.C. ." I I I ( /," By" 111(; , f/t. r-i. II Paul y. EIiPosito, Esquire Attorhey'tor Plaintiff -' l.INDA C. MARIANI I IN THE COURT OF COMMON PLEAS Plaintiff I ClJHBERLAND COUNTY / PENNSYLVANIA I v. I CIVIL ACTION - LAW I NO.'i'!- '1)'/ 'I CIVIL 'C.-c~- ANTHONY F. MARIANI/ I 1"" Detendant I IN DIVORCE WAIVla or OOU"BILI"O LINDA O. HARIAHI, being duly sworn ~aaordinq to law, depole. and says I 1. I have been advised of the lllvailability ot lIlarriaqe counseling and understand that I may request th~t thra Court require my spouse and I participate in oQuns~ling. 2. I understand that the Court maintainD a list of lIlarriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorae decree being honded down by the Court. I verify that the stotements made in this Waiver are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa.C.S. seotion 4904 relating to unsworn falsification to nuthorities. jJ trl r>, (' Ilint-,:,. ;'" ~A c. KARIARI ell Pl hI:, Oatel .. , LINDA C. HAR IAN I I IN THE COURT or COMHON PI/IAS piaint1tt I CUMBBRIAlfD COUNTV, PENIfSVLVMIA I v. I CIVIL ACTION - LAW I NO. '1/, f J ,; t CIVIL ANTHON V r. HARIMI, I 18t6 " ,. , Detendant I IN DIVORCE CON'LAINT IW DIvoac. 1. Plaintitt, LINDA c. MaRlaMX, i. an adult individual, who currently re.ide. at 22 Ironqate Court, KechanicBburq, cumberland county, Penn.ylvanio. 2. Detendant, UlTHOHY r. MARIANI, is an adult individual whose current residence is 22 Ironqate court, Hechanicsburq, cumberland county, penn.ylvania. 3. Plaintitt aven that she hu been a bona tide re.id.nt in the Commonwoalth of Pennsylvania for a period ot six (6) month. previous to the filing of this Complaint. 4. The partie. were married on Hay 9, 1987 in Cumberland county, Pennsylvonia. ~. There have been no prior actions ot divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised ot the availability ot counseling and that PlaintiU has the riqh~. to reque.t that the Court require the partle. to participAte in coun.eling. r,' t1.1 ".. .lI .. " . ti 1/, ,~ ;1 tk .,-' I"':Jf ~ 1"'-' ;i" ~.~ ,.. .j' 1:" I ...., 1;,., ; .>- f'I' ,II \I~ ~ c'j 1 :" It. ' e., ,r\l f\~ I .,. ..., f, " 1,.1 .' ~J u', ..J -- ~ , , " , , " , '" ~ -61" \.)' -- " , , , ' ~. >>l "'? ~ ....... " ~' .. - ~ 'i ':l.l. ~ ~ \", "1 V';) ::,. \J. ' ~~'~ ... /"J " \ " ) " I' !, " " , , " , , " " Iii ,. " " '1 \ -, . \. 11l~IU"h"1I cow.~,"WJll)f' "''''''n'*kl'' bt~I"/Ud III ,..kll' VII~"ICOllIll COUNt-.. n_ . -- _~_ ....~ .JiYI!ll1lJ..tlJlnd DlVO"CI 1X1 o ANNULMINT ICHECK ONE) [J Iii-II ~I" Q~tW HUSBAND I N,m~ ,'11111 '~/<JI'''1 fUll} P~'I ,MMIIlJ fD't'J 111" 0' _____~tho/i~y----~ Pro_n.E.!..s_h_~_~~~~rl..ll!1J 0"11I'_ JOIl!!l!!Y..5 , 1951L__~ ::J flflill)ftlCI 6""'''''' e,l)', BOIrj f)/ r..p elk/nl. lil,I,. "lAC" ,SI.,. f)I ~t)I'tgrt CIHJ/H'J! 01 2_2_u~r()~n.~l1teuS_~u~.!:.LMeohonio~bu~'JL_CuJ!l!:lo~lOl!.d Co..Ll'A 0""" penMllYlvonio 6 tilJ~lIf" . "ACE , UISU-'L OCCU""'O~ Of 11416 WIlliE bl....CIt OlliE!ltfif)K"H ~.,,"'^o, 1 Iil [.1 [J WIFE I tI....mlN ti....E (UII, ,MOll'''1 ,O'H .... ,f.fI'/ ,MId,'It/ "loa 0' bllnH II PL,lCI 01 DIIHH U U6UAL occu,,lYlOt-f h...ll~5.!L_~._ (S',"()I"'OI'1fI1I CdlJII")'} ..~. ~, .._.~~~___..L.W.ll______~_.__Cbdu.t.l.l1IL_JJgXDBkv_ 10 flEIjIl)I:NCE S"HIOI n 0 ell)', Do,.., 0/ T1tp COlm,.. --;f,; 2 ;LY()1!9!l1:'L-~9Ur~-,-- M~ec _!!!lJCliil!.lJ1:g,_~Ymb!UMU!L!&... t,1 Nu~lun I "M;( Of IIlIS Wlml! 1,l.HI~IAQE 1 IKJ fnJUle o Ol',!llI6p.c;.l)', o DLJ.CI( ~O;:-'E OF DECAEE 1M"",,,} IO,,} (~"J r^"D11lhj I ,..J 1""'1 19.87 I' orurA 181*11)'1 0 n 10.)'} '....', 16 Pt.A.(E OJ' /Cl'llfltH f"lIi ~""".o, CUmberland Count t-i"-..Ni'I.."-aEi'-O'~----]hlJ t'4t,1MIUlA Of OIPINO,NT CI1ILO'\ft~ HUS CHILDREN 1,11'1011111 t,l,lHnl.AUE 2 2 :0- -NUMBiil~-UtiU6a"t-lD WIFE 6PLIT CU6lODv CHILD'"'' m [I r>t 0 Cu610Uy OF ~ ,ti""""OI,'O"CDlJ"")'J " l'ennsylvonin Pl.A'N1'IFP HUSBAND WI.I o [l O'HEAllSptCl~1 ~. (jIGN.A'UIIE OF T'tM-46CAIBING CLEAK " . aOl..DlIJ:RO, KAT7.MAN Ii 8111J1MANl r,c, l'lull, I!Mlllltillu .11>, nW4 ^1~lI1II1)'M ',,,PIDIIIIIII' 3201! MII~ul NI/l.'<ll P,ll, I\uK 126" 1IIIIIMbul!!,I'^ 1710K.126" (717) 234.W>I LI~P^ c, MARIANI, plaintiff IN ~HE COURT OF cOMMON PLEAS CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION ~ LAW I I I I I I I NO. 96~6294 IN DIVORCE v. ANTHONV F. MARI~NI, Detendant l"IDlVIT 0' CONSENT l. A complaint in Divoroe under seotion 3301(0) of the Divoroe Code was filed on september 24, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken. 3. I consent to the entry of 0 final decree in divoroe. I verify that the statements made in this Affidavit are true and oorrect. I undorstand that false statements herein are made sUbjeot to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsifioation to authorities, ) f'... /.1' -I, L N A C. Datel I 1!.',~III',' () 'ii ) . ( I /. ,.11 /,~_, MARIANI I, " I' , I " ., I I I I , ,II I , r~' r-, I'.: I I "" " C~I: ~ ~ :1" I ',. I ". .P~ II,' .f" , .., J:"{. " '<i .~'I '. :~t ," Ii. f,/, 171 I -. n~ ;. N ,lI,1 f' ) . ,: ~J " I{,'J 'J " I " ". ,. , " , ., I', J 'I ~~ :.1 I I I I I " , I , I I I I I LI /'1 I I, I I .1 'I .. f: (ll .. ", ~'>I " , I,U N, ,.V: )11 [, -, ) FIt ~.",.. ..;t. H.. '11:1 jI" , \.., r)!.' (1'1 . I!) N \t~ IY.L'I , :-J;~ ,"j Q, /." ~ , . ~;l [.j Li I.. '_fl,,,,l .. jl iii " , , II , ''\ .1 I Ii I / 'I 'II I, , , " , 'J r-)-" i , I I, " 'I ,I ',' 'I , I ,I i) II , , I , " , , " " . " Ii , , " I' " .-+--<--........-.. - ~ . ~, , ,.- " I: it I " I' , LINDA C. HARlAN I , I IN 'rillS COUR'r OF COHMON PLEAS PlainU tt I CUMBERLAND COUNTY, PI!lNN~YLVANIA I VI I CIVIL AC'rION - LAW I ANTHONY F. MARIMI t I NO, 915-15294 Detendan I IN DIVORCE 'UleXl'1l 'rO TilE PROTIlONO'rARYI Please withdraw Count No, III, Equitable Distribution' Count No. IV, Spousal support, Alimony Pendente Lite and Alimony, and Count V, counsel Fees, Costs Ilnd Expens"Is, from the above captioned counterclaim to complaint in Pivorce. WION, ZULLI & SEIBERT DATEI,J)'IIt.!!!,J~, /997 By )?IliA.. ~ AN DEIMLER SeIBERT, , /109 Looust Street HarriSburg, PA 17101 Attorneys tor Defendant t' 'II r f\I I' 1"11 ' .. ('j .'", F:( , !i: It, (II (" 1'1' l'oJ "'11 ~, " II. L' I 0 '0, r....' l,J l~' " " I, I: ,I , 1 III'I 'I " I, , ! 'I I, I I 'I \\, '() I ' ir: ." (~: : ' "r)~~ ~ ~ I~i 1.1'/ i' II 1\""1 ~~: <'-': Ii' . l,.. "l ~ ..," ' .~ ~ , -i' ;'J.: 1'/:9 r ~~ .' ,,1 ~ ~ , , m,i (.~. ' 'i- I .I....... I, I )'.'1 ...... G.'..I I',. " ~ ~ , I, 'I I ' ,..~ ',11 ~ I'fI II t,;..J in.. . ~ )4 J (' ") oj ~ ...J ~l ~~ " ~ ~, ;11 t= tl ~ i~~ ! ;, 2 ~S ~ I ~ f~ h ~ flllj ~ ; S ~~~~ ;1 'S J Inl .6: . r.:~ ~ <~ U I> ! . I ~~~g ~ ~ ed i lfl , I , ' , , I I I' I , I 'I I , , . , , . I I 11'1 TBE COUR'r OF COMMON PLEAS OF CUMBERLANP COUN'r'i, PENNS'iLVANIA LINPA C. MARIANI, plalntitt v, 1'10, 96-5294 CIVIL CIVIL ACTION - LAW IN DIVORCE ANTHON'i F, MARIANI, Pefendant NOTIel! 'ro DIDl'lJLJ\li.ILJ:1.1AIIUU.YU'rIi 'Iou have been sued in court, If you wish to defend against the oloims set forth in the following pages, you must take prompt aotion, 'Iou are warnod that if you fail to do so, the cose moy proceed without you and a decree of divorco or annulmont may bb entered against you by the court, A judgment mllY also be entered against you far any other claim or rolief requested in these papers by the Plaintiff on tho countorclaim, You mny lose money or property or othor rights importllnt to you, including custody or visitation o[ your children. When the ground [01: divorce is indignities or irretrievable breakdown of the marringe, you may request marriage counselling, A list of marriage counsellors is available in the Office of the Prothonotary, Cumberland county Courthouse, 1 Courthouse Square, carlisle, Pennsylvania 17013, IF YOU DO NO'r FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER'l'Y, LAWYER I S FEES OR EXPENSES DEFORE A DIVORCE OR A/'INULMENT IS GRAN'1'ED, YOU MAY LOSE TilE RIGII'I' '1'0 CLAIM ANY OF THEM. YOU SIIOULD 'I'ME 'l'ItIS PAPER '1'0 YOUR LAWYER NI' ONCE. IF YOU DO /'10'1' HAVE A LAWYER OR CAI'II'IO'l' AFFORD ONE, GO '1'0 OR 'I'ELEPHONE THE OFFICE SE'1' FOR'l'H BELOW '1'0 FWD OU'1' WIIERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland county Courthouse court Administrator, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephonel (717) 240-6200 l1M.E.B I ell tul...JiI.'l'lLQ11ibBJ.1.lT rES A CT .~..ll.2..Q The Court of Common Pleas of Cumberland county is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable aocommodations available to disabled individuals having business before the court, please contact our office, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the schoduled conference or hearing. IN THf) COURT OF COMMON llLJ!:AS OF CUM13J!:RI.AND COUtl'l''i, PENNSYLVANIA LINDA C. KARIANI, Plaintift v. NO. 96-&~94 CIVIL CIVIL ACTION - LAW IN DIVORCE ANTHONY F. KARIMI, Defendant ~N8W!R ~ND COUNTBRCLAIM ~OMPLAINT t~ DIVORc! Defendont Anthony F. Mariani, by and through his oounsel, Howett, Kissinger & Miles, P,c., hereby files this Answer and counterolaim to Lindo c. Marioni I s COl11pla int in Pivoroe Ilnd in Bupport thereof, respectfully avers as followSl ANSWER 1-13. Pursuant to Pa,R.C,p, 19~O,14, on answer to the allegotions in a divorce complaint is not required, and such allegations are deemed denied, COUNTERCLAIM COUNT I - SHARED PHYSICAL AND LEGAL CUSTODY 14. The prior paragraphs comprising Defendant's AnSWer are incorporated herein by reference thereto. 15. Defendant Anthony 1". Mariani, plaintiff on the oounterclaim, is an adult individual who currently resides at ~~ Iron Gate Court, Mechanicsburg, Cumberland county, PennSYlvania, 17055. 16. Plaintiff Linda c, Mariani, defendant on the counterolaim, is ~n adult individual who currently resides at 22 Iron Gate Court, Mechanicsburg, Cumberland county, pennsylvania, 17055. 17. The partieu her.eto are huuband and wife havinq been married on May 9, 1907 in cumberland county, Ponnsylvania, 18. Defendant Anthony F, Mnrioni, plnintiff on the oounteroloim, seeks shared le9nl and physioal oustody of the followinq ohildulH ~ Kristen Asoyo Mariani ~12OJ1f&Ji DA'l'E OF BIRTH 22 Iron Gate Court 1/1/90 Meohnniosburq, PA 17055 22 Iron Gate Court 2/21/93 Meohaniosburg, PA 17055 19. The children were born during the morrioqe of the Msrk Franois Mar.ioni psrU.s. 20. The children are presently in the custody of both parties at 22 Iron Gate Court, Mechanicsburg, Cumberland county, pennsylvonia, 17055. 21. During the last five (5) years, the children have resided with the following persons and at the following address I PERSONS Linda c. Mariani and Anthony F. Mariani Linda C. Mariani and Anthony F. Mariani ADDRESSES 22 Iron Gate Court Mechanicuburg, PA 17055 4 Cantorbury Court Mechanicsbur.g, PA 17055 OATES 5/94 - Pr8llent Birth - 5/94 22. The mother of the children is Linda c. Marioni, who ourrently resides ot 22 Iron Gate Court, Mechanicsburg, cumberland county, Pennsylvania, 17055. She is married. 23. The father of the children is Anthony F. Mariani, who ourrently resides at 22 Iron Gate Court, Mechaniosburq, Cumberland county, Pennsylvania, 17055, He is married. 2 24. The relationship of Anthony F. Morioni, plolntiff on the oounterolaim, to the ohildren is that of fother. The plaintiff Qurrently resid~B with the following persons I we RELNl'IONSIIIP W1Ce Daughtor Bon Linda c. Moriani Kristen Asoyo Mariani Mork Franois Mariani 2~. The relationship of Linda c. Mariani, detendant on the oounterolaim, to the ohildren is that at mother, She currently resides with the following persons I NAMES Anthony F. Mariani Kristen Asayo Mariani Mark Franois Mariani RELATIONSHIP Husband Daughter Son 26. Plaintiff on the counterclaim has not partioipated AB a party or a witness, or in another capacity, in other litiqotion ooncerning the oustody of the children in this or Another court. 27. Plaintiff on the counterclaim has no information of a oustody prooeeding ooncerning the children pending in 8 court of this Commonwealth. 28. Plaintiff on the counterclaim does not know of a person not a party to the proceedings who has physical oustody of the ohildren or olaims to have custody or visitation rights with respeot to the ohildren, 29. The best interests and permanent welfare of the children will be served by granting the relief requested because 3 .hard legal and phylJ10al cuatody will allow the ohildren mallimum aooes. to both of their parents and enable them to maintain a oloe. and loving relotionahip with both parents, 30. Each parent whose parentol rights to the ohildren have not been terminated and the peraon who has physioal ouatody ot the children hove been nomed aa parties to this aotion. WHEREf'OI~E, Defendllnt Anthony f', Mariani, plaintirr on the oounteroloim, respectfully requesta this Honoroble Court to enter on order providing both parties with equlll shored physioal and legal ouatody of their ohildren. COUNT II ~ CHILD BUPP.QlIT 31. The prior paragraphs of thia Answer and counteroloim are incorporated herein by reference thereto. 32. Defendant Anthony F, Mariani, plaintiff on the oounterolaim, has asserted a claim for shared custody of the partios' ohildren in Count I of this counterclaim, If hia requeet tor relief iB granted, he will be entitled to child aupport. 33. Plaintiff Linda c. Mariani, defendant on the oounterolaim, has the income and/or earning oapacity to provide appropriate support for the partiest children. 34. Plaintiff Linda c. Mariani, defendant on the oounterolaim, is obligated to provide for the reasonable support of her children, WHEREFORE, Defendant Anthony F~ Mariani, plaintiff on the counterclaim, respectfully requests that, if he is awarded shored 4 . ..... custody of the ~orties' ohildren, an order of child support be entered in hiD favor, COUN'l' III - EQU.ill.D1.L..Olll'.lunU'1'ION 315. 'l'he preoedinll paragrophs of this AnBwer and Counterclaim are incorporated herein by referenoe thereto. 36. Durinll the morrioge, the parties aoquired certain assets ond property whioh oonstitute marital property. 37, This Honorable Court is authori~ed to equitablY divide, distribute or 1ssign property between the parties in ouoh proportion as the court deems just after consideration of all relevant factors, WHEREFORE, Defendant Anthony F. Mariani, plaintiff on the oounteroloim, reBpeotfully requests this Honorable court to enter an order of equitable dintribution, COUNT IV - SPOUSAL SUPPORT. ALlMONV PENDENTE LITE AND ALIMONY 36. The prior paragrophs of this Answer and counterolaim are incorporated herein by reference thereto. 39. Defendant Anthony F. Mariani, plaintiff on the counterolaim, is unable to adequately sustain himself and maintain his lifestyle during the course of litigation and to detend the divorce action. 40. Defendant Anthony F. Mariani, plaintiff on the counterolaim, lacks sufficient inoome and property to provide for his reasonable needs and to proteot his righto in this divorce action. IS 41. plaintiff Lindo c. Marioni, defendant on the oounterolaim, hos sUffioient resources and is able to finanoially support her spouse. WHEREFORE, Defendant Anthony F. Mariani, plaintiff on the oounterolaim, respectfully requeuts this Ilonoroble Court to enter on award of spousal support or alimony p~Qgntg l1tg until a final order ia entered resolving all issues attendant to the dissolution of the parties' marrioge and thereupon to enter an order of alimony in his favor. COUNT V - COUNSEL FEES. COSTS AND E~PENSES 42. The prior paragraphs of this Answer and Counterolaim are incorporated herein by reference thereto. 43. Defendant Anthony r. Mariani, plaintiff on the counterolaim, has employed counsel to represent him in defending this divorce action. 44. Defendant Anthony F, Mariani, plaintiff on the counterclaim, is unable to pay his counsel fees, costs and expenses associated with defending this divorce action. 45. Plaintiff Linda c. Mariani, defendant on the counterclaim, is able to pay them. WHEREFORE, reserving the right to apply to the Court for interim counsel fees, costs and expenses prior to final disposition, Defendont Anthony r. Mariani, plaintiff on the counterolAim, respectfully requests that, after final hearing, this Honorable Court enter an order requiring Plaintiff Linda c. 6 19, Admitted, 20, Tho chlldnm prellCntly ro~ldo at 22 ll'llnaato Court, Mechlllllcaburl, Cumberlll/ld County, Pentlsylvanla. 21. Denied. Kristen Asoyo Mnrlanl hns resided wllh Ihe pllrlles al 4 Cl1IlIerbury COUrl, MecluUllcsburll, Cumberland County, Jlennsylvl1Illa Irom her birth Ihrough May, 1994 l1I1d al 22 lrongale Court, Meclllllllcsburg, CumberhUld Counly, Jlennsylvl1IlIll from May 1994 10 Ihe preliClll, Murk Fmncls Mnrlanl 11115 lived with his parenls al 4 Canlerbury Court, Mechanlcsburg, ClIl11bcrlnnd County, Jlennsylvnnln frol11 his birth through MIlY, 1994 l1I1d at 22 lrongale Court, Mechnnlcsburg, Cumlmlnnd Cuunty, !>ennsylvanlll frol11 MIlY 1994 to Ihe present, 22, Admitted, 23, Admllted, 24, Admllted, 2~, Admllted, 26, Admitted, 27, Admitted, 28, Admitted, 29, Denied, Pllllnllff does nol agree Ihallhe best interesla l1I1d permlll1ent welfare of the children will be served by granllng the relief requested, To the contrary, Ihe children's InlereSIa wUl be best served If primary physlclll custody 15 awarded 10 Plaintiff, 30, Admilted. WHEREFORE, Plaintiff, Linda C, Marllll1l, Defendl1l1t on the counterclaim, respectfully .2. requests that this Honorable Court deny the relief IIIllJjht by Plaintiff on the countercllllrn IIIlCklnj the entry of an order provldlnj both parties with equal shared physical custody of their children, 1'0 the contrary, Defendlll1t on the counterclaim respectfully submlls that the bl!stlnterests of the children will be fiCrved by Bl'l\I1tlng her primary physical custody of both children, COUNT II - CHILD SUI'lf()RT 31. The averments set forth In UlIs Answcr w Countcrclalm arc Incorporated herein by refercnce thercw, 32, Defendlll1t on the counterclaim acknowledges the RSlillrtlon of a claim for shared custody submllted by Plaintiff on the counterclaim, The anertlon of Plaintiff on the counterclaim that he will be entitled to child support if his requcst for relief is granted, Is a legal concluslonw which no responfiC is required, 33, It Is Bdmltted that Defendant on the Counterclaim Is capable of providing approprlale support for thc partlcs' chlldrcn, Plaintiff on the counterclaim is IllcewlfiC capable WId should provide appropriate support In conjunction wllh the custodlalll/TlU1gement 50ught by Dcfendlll1t on the counterclaim, 34, Denied. The averment of Paragmph 34 is a legal conclusion to which no response Is required, WHEREFORE, Plaintiff, Linda C. Marllll1l, DefendWlt on the counterclaim, respectfully requests that no order of child support be entered In favor of Plaintiff un the counterclaim, -3- 35, The averments set fOrlh In this Answer tu Counterclaim lU'll Incorporated herein by reference theretu. 36, Admitted, 37, Admitted, WHEREFORE, PlalntlffLlnda C, Marlll/ll, DefendBllton the counterclaim, IICknowledges that this Honorable Court I~ empowered to enter BIl order of equitable distribution when that Issue Is ripe for disposition, COUNT IV. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 38, The averments set forth in this Answer to Coullterclalm arc Incorporated herein by reference thereto, 39. Denied, It is specifically denied that Plaintiff on the counterclaim Is unable to adequately suslaln himself BIld maintain his lifestyle during the course of litigation BIld to defend the divorce action, "0 the contrary, Plaintiff on the counterclaim carns In eltccss of $40,000,00 per year BIld Is capable of adequately sU5ta1nlng himself BIld maintaining his Iife5tyle during the course of this litigation without contribution from DefendBllt on the counterclaim, 40, It is specifically denied that Plaintiff on the counterclaim lacks suftlclentlncome BIld property to provide for his reasonable needs BIld to protect his rights In this divorce IICtlon. to the contrary, Plaintiff on the counterclaim carns in eltccss of $40,000.00 per year BIld Is capable of adequately sustaining himself BIld maintaining his lifestyle during the course of this Iitlsatlon without contribution from DefendBllt on the counterclaim. 41, Plaintiff on the counterclaim Is capable of supporting himself without contribution -4- from Dcfelldant on the counterclaim In the natura Ilf spuusal suppurt or alimony pendenla l1J.a, WHEREPORE, PlalnUff, Unda C, MlU'lanl, Defendant on the counterclaim, respectfully request. that thl. Honorable Court deny the claims of Defendant, Anthony fl. Mariani, PlalnUff on the coun'~rclalm, for spuusal suppurt, alimony pendente llil: and alimony, COUNT V . COUNSEL FED. COSTS AND EXPENSJrS 42. The avermenlB IICt forth In this Answer to Counterclaim are Incorporated herelu by reference thereto, 43. Admitted, 44, Denied, It Is specifically denied that Defendant, AnUlony F, Mariani, Plaintiff on the counterclaim, Is unable to pay his counsel fees, costs and CltpenllCs associated with defending this divorce lICUon, To the contrary, he hIlS sufficient resources from which he Is able to pay his own counllCl fees, costs and eKpenses associated with this divorce Betlon, 45, Denied, Plaintiff, Linda C, Mariani, Defendant on the counterclaim, has Incurred and will conUnue to Incur substantial eKpenses In this matter and therefore 15 not able to nor should she be compelled to contribute to the counsel fees, CORts and eKpcnses Incurred by PlalnUff on the counterclaim, WHEREFORE, Defendant on the counterclaim respectfully requests that this Honorable Court deny the claims for Interim counsel fees, costs and eKpenllCs and any addlUonal counsel .5. " ,,~ ~ r,~ I.' ~..... ' , " L!)I [.:r l,i ~~t; 1,',,,.. ...." .it'.. , '. 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