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HomeMy WebLinkAbout00-04902 , , , , PROTHONOTARY , :.:"':F. '" '" :Ii :Ii :Ii '" '" '" "'''' ;+; " "'''' :Ii:li:li:li:li:li:li '" '" '" '" IN THE COURT OF COMMON PLEAS , OF CUMBERLAND COUNTY , , PENNA. . STATE OF . , . Cindy E. Sheaffer, , . . Plaintiff NO. Civil Action 00-4902 . . VERSUS Dennis Anthony DeStadio, . . . . Defendant . . . DECREE IN DIVORCE . . C9~ , ~ IT IS ORDERED AND \& . AND NOW, DECREED THAT Cindy E. Sheaffer , PLAINTIFF, . . . Dennis Anthony DeStadio , DEFENDANT, AND , . Af~E DIVORCED FROM THE BONDS OF MATRIMONY. , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . , , , , , , , , None , " B ATTEST: :F.,., '" Of. "'''' , "l .~, " J. , , . . , , , , , , , , , , , , , , , , , , , , . , , , , , , , . , , , , , , , , , , , , , , , . , , , , . , , , . , , , , , . , f' ". ~. "Ill It!. 1~~.?'tJ It? -I~ .?Jt1 , ~-"...-~ .' , " = _". ="M. ~-~ &I, ~,~ -d5y;<fr ~~~"w ,- """:"1""'f"ll""'" " T- ~ -- __~_....~, ~ .*!lJ:!li-"""F~"~ ~_ _ _ _, ., ~ '- . ''''''''__'~ - -~ - ~~ ~ --, ii!k " , let ,-- CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. OO-LlqO~ Defendant IN DIVORCE ORDER OF COURT AND NOW, this (& day of odvlL- , 2000, IT IS HEREBY ORDERED that the attached Settlement Agreement is adopted as an Order of Court and the parties are directed to comply th BY ~OUR J. !. r" ;'-~ ~., .~ _~ l"lt ,'~ ", ,c. ; ..,,',:('''.,''' .'..('''' .~ ~ ('(\ n"T ~J '.J \.~;' ; \n . '. r,;\ ((,. ~S\ 'o',~' ,"" ,~, .~, ' ~ '.'..... V0\ \'I_"..:--:J'~\:-'I'I :';1,,'1,")" ('r'\ \\\T,Y ,.I v......'- ,_I '.1 'l', ,..1,...-" ,"e'I"C"'''''''\!' \d'tl\'.)~ \...\:1-\\\.1"'\ /ON1:J1M. ttJ.111f1V~ tf; J. . 1r),(~.&tJ '1!tfIta ~ w ~< c',', ~ 'n". '.". --~~ "m,s,."';"'Tll '1 .=.,'" U.~]'@"1JHr~!r~l~~"'-~:fj"" .1 ......~ "."."-..,., 'r-<~~_ , ~",,",,""'''''~'~ ~ ~ ..~. ,,~..,,~~!\\!'f('ij,,"'. "';;P,'Ft>.",,",ijl~%tI;'ll~-m~""'" -'~~~~~ " . ,'. \l!!"""".ilT ,n~"",. .iff ,,' ~ ~ " ',.' , " . . AGREEMENT THIS AGREEMENT made this 30fh day of June, 2000, by and between CINDY E. SHEAFFER, of Cumberland County, Pennsylvania (hereinafter referred to as "Wife") and DENNIS A. DeSTADIO, of Dauphin County, Pennsylvania (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on August 5, 1995; WHEREAS, no children have been born of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; WHEREAS, Husband acknowledges that Wife is an attorney at law, licensed to practice law in the Commonwealth of Pennsylvania; and WHEREAS, having knowledge of his right to separate individual counsel, Husband nevertheless desires to enter into this Agreement and he believes it to be just, fair and reasonable and he enters into it and signs it freely and voluntarily. NOW THEREFORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or --- ~-"~-h ... ',~ J she may from time to time choose 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. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any dj3bt or liability for which Husband or his estate might be responsible and shall ihdemnify and save harmless Husband from any and all claims or demands made iagainst him by reason of debts or obligations incurred by her. 3. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur 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. 4. OUTSTANDING JOINT DEBTS. (a) Wife agrees to pay the following debts incurred during the marriage: (1) Mortgage on lot and improvements as indicated in Paragraph 9 of the Agreement; (2) Home equity loan from Countrywide Home Loans; (3) Automobile lease from Honda Finance Corporation; (4) Education loan from Graduateloan Center. Wife will indemnify and save harmless Husband from any claim, demand or liability for the stated debts. 2 \lil;.~~' 'I :. (b) Husband agrees to pay the following debts incurred during the marriage: (1) Automobile loan from Harris Savings Bank; (2) Personal loan from Belco Community Credit Union; (3) Any education loans for Husband's education. Husband will indemnify and save harmless Wife from any claim, demand or liability for the stated debts. (c) Each of the parties has credit cards in their own names. The parties will each be responsible for any balance owing on any credit card currently in their individual names. 5. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives .and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 3 ~,.-,-, ,-......~\' " : ' 6. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction. In the event any such action is instituted or concluded, the parties shall be bound by all the terms of this Agreement. In the event a divorce action is instituted, the parties agree that the provisions of this Agreement shall be incorporated into the divorce decree. The moving party in the divorce action shall request the Court to incorporate the Agreement into the decree. 7. MUTUAL RELEASE. Subject to the provisions of the Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of the Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims, including but not limited to claims for equitable distribution, marital property, alimony, alimony pendente lite, counsel fees or expenses. 8. DIVISION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS. (a) Wife acknowledges that the television set and VCR in the living room, the kitchen. table and chairs, and all of Husband's personal photographs, which are still at Wife's residence, are the sole property of 4 f', - : ' Husband and that he is entitled to remove those items at any time. The parties have divided between them, to their mutual satisfaction, all other 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 claims to any such items which are now in the possession or under the control of the other, with the exceptions outlined above. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. (b) Wife shall immediately transfer to Husband all of her right, title and interest in and to the 1999 Saturn if currently titled in joint names, and immediately sign any title or document necessary to consummate such transfer. (c) The parties shall each retain sole possession and control of their respective retirement plans and/or stock option plans. 9. DIVISION OF REAL PROPERTY. The parties acknowledge that the real estate situated at 103 Sharon Road, Enola, Cumberland County, Pennsylvania, has at all times during the marriage been titled solely in the name of Wife. Husband acknowledges that he 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. 10. 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 5 I~ '" '1:~~"w;r". 'Il,..', :.~ - legal fees and costs incurred by the other in enforcing their rights under this Agreement. 11. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year above written. ~Ju.& fj &J.~ ~~ Witness C,e-ttlJ/cPa) 1'1 Cindy E heaffer () ~ Witness J~.a A~Q- Dennis A. DeStadio 6 <-- CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the fOllowing information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 9 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Hand delivery on July 12, 2000. 3. Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by Plaintiff - October 11, 2000; by Defendant - October 10, 2000. 4. Related claims pending: equitable distribution resolved by Agreement. 5. Date Plaintiff's Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: October 11, 2000. Date Defendant's Waiver of Notice in 9 3301(c) Divorce was filed with the prothonotary: October 11,2000. Date: October 11, 2000 mi"'-' -", 'ffi"l1 '-~='lil~'ifijtlil~~' --~-""-'-' - ~~~!1~BKo\.Oil'MiIO'<[..Jl!~li;tDJ~" ,,~,~--~~~~- ,. -,~ F 'iiilIiiil 11 o ,,~~ nll~'-; 2:'1' ~~i; ~c :b,. ;z;8 Pc '7 :::; -< liB ~~ , .c,,' .''c:' a CJ o "1'1 ':::> " -; ,.:...:: ~;t? .',.!C) :i:' -'-: -T1 ;-s:~? ~' ~, ':? ~ ~! .uo. >"--~-'!- .. ~ CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00 -WO;J., C;u;Lr~ Defendant IN DIVORCE NOTICE TO DEFEND You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. I:;OURT AUMINI::; I KA I UK GUMElEiRLMm COIINTY r.nIIRTHOII~F, HI-! FlOOR CARLISLE, PA 17013 (717) 240-6200 ,~ - ,L~ _ . c _ CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW NO. (J-(J~ $19002-- ~ --r ~ DENNIS A. DeSTADIO, Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Cindy E. Sheaffer, who currently resides at 103 Sharon Road, Enola, Cumberland County, Pennsylvania, since January 1982. 2. Defendant is Dennis A. DeStadio, who currently resides at 4819 East Harrisburg Pike, Apartment 1, Elizabethtown, Lancaster County, Pennsylvania, since June 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 5, 1995, at Enola, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. ,_ i ,', ...u. ~"".".I', o.~ .~ . .-~ .- . .~-~~ , r - 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 8. Paragraphs 1 through 7, above, are hereby incorporated by reference. 9. The parties have entered into an Agreement with regard to the equitable distribution of property. 10. Plaintiff seeks an Order incorporating the Agreement for the equitable distribution of the marital property. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Plaintiff Date: July 10, 2000 .~ ~ " - ~ -~ .......... ~ .<JX , , , VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities, Date: July 10, 2000 1~""""'""" . . ~~ . . ~ ':~:: CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce Under Section 3301 (c) of the Divorce Code. I certify that I am the Defendant in the above named action. /~) od/?t..nt~ de&. J7;::k Dennis A. DeStadio, Defendant Dated: 07- /;2-00 Mailing Address 4819 East Harrisburg Pike, Apt. 1 Elizabethtown, PA 17022 -~'" Iib'lUll:'"' ;CiLlr~!!!1&I/,@;;I....,~!ci~,~jj<"-"!li~","","",...,"''''t".bi'''>:Ibti;;;~:''L~.JiH!lI -.=-' .i1 . ~ ~ ",_,_~ _ L~ -'., if" ~'iliW~~....;o - (") ::;: -rJ!~"": ~E !:::={-> -:';; ,. ::::;:~-- -< " Il&li'_Jil/lil "-. .---.::.. --I . ., - (.'::'! C::) ~ -'''.,. ~;') I r\...,: ,,) '. " ~ ....J........_ "~ .. ~ U1" . CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301(c) of the Divorce Code was filed on July 11, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. Date: October 11, 2000 ~](:i:lllr ~ l!i1,';-u. ~-, -" ~-_~~j!t~JJii",i:R.$if';;;I*'t'\Hii!;::C;>:ill4tl .-.~' 'd.d""-~'- ~ ",- .....""'.~~'"'*' "'" ~ TIR~ IllILl 'h' >2 a () ~. 0 -1'1 ~ c::> "~ -0 n fTlf't~~ ~ -~-~ 2::0:' L_ 2C d ~,-;r ; s:;C -tJ ~) ..;;- ~-->? " ~O ::: c:S -~, j?C: r:-: Qrr. 2 j::- ~~ -I -<. -< ~ , ,_. 'I "'ir:_' CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. Date: October 11, 2000 ~,L. -^~.- :SJm~~~~#;_'8"if.,,~,,"~,W.k0iiw>jt'""""1it~' - ~, .1 ~l' , M.~~ "^ '-,'-, ~ IIiIIlbliMtimlliliol~ "'.. C) C <'" l'.16:; rnn~ ~~-: -<:,;.';' r:,-: <'.' .:2" C) ~(-, "l-."--' ~c 2: ~ jj ,",,", -- (."- .~ o o C) o....i o ""1"! -"0 Z ''':,.::::::! :_j;;~, F3 ., .-', _.:"~ ':;,:C) _f.._c-__, 0'1' S! SJ -< c:- . ~~"~. .... " ~~" "I ..~-" "" "' - Yti:~.! . CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301(c) of the Divorce Code was filed on July 11, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. ~..-.:aA _ f7::-/..__ Dennis A. DeStadio, Defendant Date: October /Q, 2000 '-'~ < -'.o!1~ ''''".~iiliUl~4;ifu:t,!fifl.4H~'"illid?,-:>.",\Jhj_-;w;;n~Jl,.'ii-l!.I -=_. ~~ . ^". .,~ ~i:_ '.~IIi!IiIlIii'i' =- . o -o~ fnrrJ 2,:::1) --::0""--- ~-... ~~': r::::C ::.-;-. ~~ ~;3 '. 11III Q C:;) c::> n ~-l --~) -.."". N " -- (J "T1 ~_...,I,,,,,,_ L ....~ ., nl " , .- ~...~ , . CINDY E. SHEAFFER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW DENNIS A. DeSTADIO, NO. 00-4902 Civil Term Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. A..-..." a A r:I7;/-'- Dennis A. DeStadio, Defendant Date: October /!!..., 2000 , ~".~~,,' ~~'""~"'1~~~"'~Ok.J}'#,~~- ~~W" ~ " -'" ..... . . o c: ~':"" ""Or7') rn r;~; Z-+-: ze 0) ..,,_-~ -< -~;' r:::c: ~8 .,J,;' c- Z -j ~:: -.ifiiii""" ~cl c:, c:.:J o n ,--, ';;T'J -, '-" '","1 oJ ::' , , '. .~(~ ~,-i N