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HomeMy WebLinkAbout07-0517MARIO E. MARCHI, Plaintiff VS. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVAN 17013 1 MAX J. SMITH, JR./, Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007- S17 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, MARIO E. MARCHI, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, MARIO E. MARCHI, is an adult individual and citizen of the United States of America, whose address is 4735 Delbrook Road, Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, GAYLE E. MARCHI, is an adult individual and citizen of the United States of America, whose address is 109 South Second Street, Dillsburg York County, Pennsylvania 17019. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about May 9, 1981 in Harrisburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Respectfully submitted, Date: January 25, 2007 MAX J. SMITH, J .,Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. xj- rv usb --n C) -rl .r e MARIO E. MARCHI, Plaintiff VS. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- 517 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Sections 3301(c) and (d) of the Divorce Code was filed on January 25, 2007. 2. The parties to this action separated on February 6, 2005 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: February 7, 2007 G' O E. MA HI C? ? ? C ?-; ~n ?:t ? - =?= -?: r-?z,?- , ; -- ?. ? . ? , ,,., s -? to MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 26th day of January, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7006 0810 0003 8376 3747 at Hummelstown, Pennsylvania, addressed to: Gayle E. Marchi 109 S. 2nd Street Dillsburg, PA 17019 Mailing and return receipt cards attached hereto. r ?LY MAX J. SMI H, JR. ` squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 a CERTIFIED IJAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Prc t` -%FFI CIAL USE m go $ C3 S I ee a. yD f?. C3 P&Wm PaceW Fee rim nt P= Fee red) ° ow ftetwe & rWO n W SwIt 7-0 c or POBarlMO p )19)q 1709 ¦ Complete Roma 1, 2, and 3. Also complete Ram 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the malipiece, or on the front If space permits. A. Are ? A nddm. B. Received by ( ntsd Mama) C. at 47 D. Is delkwy address different from 116N ? et If YES, enter delivery address below: ? No 3. Type 9 Jq.C 4rdfied Mail E3 Express Map /713 Regmwad m Receipt for Mer&mwws 1. Article Addressed to: 6zt U/ 2. Article Number (liembr "M eryk Ps PCrtf1 fib ? Insured Md ? C.0:0 . 4. Restricted Delivery? P" Fee) 7006 0810 0003 8376 3747 2004 ®ornuMc RMm1 toaete-0t It ts?o t-, N czn f'S r t? -G cr, MARIO E. MARCHI, Plaintiff VS. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-517 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Sections 3301(c) of the Divorce Code was filed on January 25, 2007. 2. The parties to this action separated on February 7, 2005 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. 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. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "-L DATE: Maya 3 '2007 //6 ARIO E. MAR CAI c. .-? ? __ -}-? ? ?? ? r" `- <, _::; ?._. ter, ;;m?y ;=, .?i -? ?,* ? :.{? -?C MARIO E. MARCHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff [] Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ® Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ® has ? has not appeared in the action ? personally ® by counsel, James G. Nealon, III, Esquire. 3. The statutory ground(s) for divorce ® is ? are irretrievable breakdown 4. Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: equitable distribution of property 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one-half (days). 7. Additional information, if any, relevant to the motion: IA9 Date: August 29, 2007 Name: Max J. Smith, Jr., Esquire 1 Attorney for ® Plaintiff ? Defendant AND NOW ,20 , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. 1-77 jz' MARIO E. MARCHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 8th day of March, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Affidavit Under Section 3301(d) of the Divorce Code by depositing a certified copy of same in the United States mail, postage prepaid, certified mail #7006 2150 0004 2693 0265 at Hershey, Pennsylvania, addressed to: Gayle E. Marchi 109S.2 nd Street Dillsburg, PA 17019-1019 Mailing and return receipt cards attached hereto. . I vu, MAX J. SMITH, JR, squire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Ln J ti O m F ' _ o- c. Postage $ Q O Certlfled Fee -??`r nQ??c Retum ReoW Fee anent RegWreM f , Her e Q O C%rkM DeOvery Fee (EndoreementRequired) D `n A Total Postage 8 Fees 3 N A vant To 0 1J. ! O meet, ?., ... ------?-.------------------------- r%. or SOK N. ? , ? 1 9 D? J IL,6 ,?a- r7 ei 41,4 1150 00014 1643 Oft$ " N rr r?- N =a 4- MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. qXW'9" MAX J. SMITH, Jlt/,Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MARIO E. MARCHI, Plaintiff VS. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-517 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION OF PROPERTY AND NOW comes the Plaintiff, MARIO E. MARCHI, by his attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: 1. Plaintiff filed a divorce Complaint pursuant to the no-fault and fault provisions of the Pennsylvania Divorce Code on January 25, 2007, entered to the within term and number. 2. There has been no responsive pleading filed to date in this matter by the Defendant. 3. During the course of the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution by the court. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 4. WHEREFORE, Plaintiff respectfully requests that at such time as a divorce Decree may be entered, equitably divide the marital property remaining between the parties. Respectfully submitted, Date: August 29, 2007 MAX J. SMITH, ., Esquire James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 J_ I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. al- MAX J. SMITH, ., Esquire on behalf of MARIO E. MARCHI MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff: CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 29 day of August, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Petition for Equitable Distribution by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Nealon Gover & Perry Attn: James G. Nealon, III, Esquire 2411 North Front Street Harrisburg, PA 17110 MAX J. SMITH, JR., quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly ur P.O. Box 650 Hershey, PA 17033 (717) 533-3280 `.r c - N -o AUG 3 0 2007 MARIO E. MARCHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, : CIVIL ACTION - LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER 0 Plaintiff 0 Defendant, moves the court to appoint a master with respect to the following claims: 0 Divorce 0 Distribution of Property 0 Annulment 0 Support 0 Alimony 0 Counsel Fees 0 Alimony Pendente Lite 0 Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ® has 0 has not appeared in the action 0 personally ® by counsel, James G. Nealon, Itl, Esquire. 3. The statutory ground(s) for divorce ® is 0 are irretrievable breakdown 4. Delete the inapplicable paragraph(s): (a) The "ieR is A91 r*Atested. (b) Ai; a9FqemePA has beeR maGhed with resp" to !he !allowing Glans- (c) The action is contested with respect to the following claims: equitable distribution of property 5. The action 0 involves 0 does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one-half (days). 7. Additional information, if any, relevant to the motion: Date: August 29, 2007 Name: Max J. Smith, Jr., Esquire Attorney for 0 Plaintiff ?r- 0 Defendant; AND NOW , 20 0 -7 , G..4?dtY : 61CAWEsquire, is appointed master with respect to the following claims: l f BY T COURT: J. C'3 a N -_0 `- = '"? ....E 7' p Fes, Fes- im{ V / im Q N cri - i MARIO E. MARCHI, Plaintiff v. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2007-517 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF, MARIO E. MARCHI I. ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Marital $210,000.00 Present No Yes Residence -109 ($57,855.60 as South Second of 6/07) Street, Dillsburg, PA John Hancock TBD TBD Yes Unknown Life Insurance Policy (9) ReliaStar Life $2,247.08 8/1/05 Yes Unknown Insurance Policy (K) Lincoln Finance $89,059.74 3/30/07 Yes Yes Group 403(b) ($8,219.78) (W) Pinnacle Health $46,533.66 3/31/07 Yes Yes 403(b) ($684.52) 1 A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Pinnacle Health $272.86 1/1/07 Yes No RIA Plan (W) 2002 Ford TBD Present No Yes Taurus (T9 1999 Astrovan TBD Present No Yes (W) 2004 Ford TBD Present No Yes Explorer (H) Personalty/ TBD Present Yes No Collectibles (T) Household TBD Present No No Furnishings B. NON-MARITAL ASSETS ASSET VAL UE DATE OF VAL UATION LIEN Post-separation TBD (if necessary) Present No increase in value caused by post- separation contributions to any asset listed in Part A. II. EXPERT WITNESSES Plaintiff does not anticipate calling any expert witness, but reserves the right to call an expert witness regarding the value of the real estate, if necessary. III. LIST OF WITNESSES Plaintiff anticipates calling the parties as witnesses, however, Plaintiff reserves the right to supplement this list prior to trial and/or to call rebuttal witnesses at the time of trial in response to Defendant's presentation. IV. LIST OF EXHIBITS 1. Account statements for all assets listed in Part I. (A) (to the extent within Plaintiff s control). 2. Tax returns and other wage information for Plaintiff. 3. Income and Expense Statement. 4. List of personalty that Plaintiff wishes to retain from the marriage. V. PARTIES' INCOMES Plaintiff shall present an Income and Expense Statement to be submitted at the time of the Pre-Trial Conference with the Master and at trial. Husband has been employed by PAMPHA for three (3) years. Husband earns approximately $56,000.00 per year from his employment. Wife has been employed at Pinnacle Health for twenty-five (25) years as an R.N. Wife earns approximately $60,000.00 per year from her employment. VI. PARTIES' EXPENSES Plaintiff shall present an Income and Expense Statement to be submitted at the time of the Pre-Trial Conference with the Master and at trial. VII. VALUATION OF PENSION OR RETIREMENT BENEFITS Defendant's retirement assets are listed in Part I. (A). above. The values of the accounts are evidenced by the statements of the respective accounts as listed. There is no need for expert valuation of any of the retirement assets owned by Defendant. 3 VIII. COUNSEL FEES Each party should be responsible for their own counsel fees. There has been no claim for counsel fees made by either party. IX. PERSONAL PROPERTY Plaintiff continues to attempt resolve the division of personal property with Defendant. Plaintiff will present a list detailing the personalty in his possession and the personalty in Defendant's position, detailing what items Plaintiff wishes to retain and/or be divided between the parties. X. MARITAL DEBTS DEBT AMOUNT DATEDEBT INITIAL PAYMENTS AS OF INCURRED AMOUNT OF SINCE DOS DOS DEBTIPURPOSE 1 st Est. During Purchase of home TBD Mortgage $58,000.00 Marriage UNIFUND $4,928.29 During Miscellaneous None CCR Marriage (default Partners judgment (Citibank) against H) XI. PROPOSED ECONOMIC RESOLUTION EVIDENCE Statements Judgment Documents The only issue before the Divorce Master is Plaintiff s claim for equitable distribution of property. Neither party has raised a claim for alimony or counsel fees. Based on an assessment of the factors set forth in Section 3502 of the Divorce Code, an equal division of the parties' marital assets is appropriate. 4 Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: November 30, 2007 By: MAX J. SMITH, JR., SQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Mario E. Marchi 5 CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Pre-Trial Statement of Plaintiff, Mario E. Marchi upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 30th day of November, 2007. SERVED UPON: James G. Nealon, III, Esquire NEALON, GOVER & PERRY 2411 North Front Street Harrisburg, PA 17110 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013-3014 JARAD W. HANDELMAN, ESQUIRE Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 r-? E?? ;?? .?l --rj ;° a w. ? - _ C ,? _ ; } . JS . ..? ?. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 19th day of November, 2008, by and between GAYLE E. MARCHI (hereinafter called "Wife") and MARIO E. MARCHI (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on May 9, 1981; and WHEREAS, There have been two (2) children born of this marriage, to wit: GIULIO E. MARCHI, born May 9, 1984 and GABRIELLA E. MARCHI, born September 6,1986; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 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 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. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except 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, February 7, 2005, she has not incurred, 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 reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a 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, February 7, 2005, he has not incurred, 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. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. PARENT PLUS LOAN. Husband agrees to bear sole responsibility for payment of the jointly incurred education loan for the parties' daughter until such loan has been paid in full. Husband shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 6. MARK HECKMAN REAL ESTATE APPRAISAL. The parties herein confirm that Husband has paid Mark Heckman the sum of $400.00 for the cost of the real estate appraisal 2 of the marital home. Wife shall reimburse Husband in the sum of $200.00 as her one-half of that fee, payable upon execution of this Agreement. 7. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge 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 them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and 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 competent jurisdiction pursuant to Section 3502 of 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 distribution of marital property, but nothing herein contained shall constitute 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. REAL ESTATE. The parties agree that Wife shall grant, transfer, relinquish and convey to Husband all of her right, title and interest in the marital residence located at 109 South Second Street, Dillsburg, York County, Pennsylvania. Wife shall execute a deed so transferring her equitable interest in said premises to Husband contemporaneously with the execution of this Agreement. It is expected that Wife shall vacate said premises not later than November 30, 2008, at which time Husband shall assume exclusive occupancy of same. Wife shall ensure that the mortgage, utilities and all other usual and customary expenses relating to the house shall be current as of the date she vacates the home. The parties agree that Wife shall be permitted to remain in the residence until December 31, 2008, if necessary, and if that occurs, Husband shall assume occupancy effective January 1, 2009, at which time he will bear responsibility for paying the mortgage and all other household expenses. Husband agrees to list the property for sale with a real estate agent from the Jack Gaughen agency as soon as practicable following the date of this Agreement, and shall be guided by the realtor in determining the listing and sale prices. When the premises have been sold and settled, Wife shall receive the sum of $15,000.00 as consideration for her equitable interest in the home, and Husband shall receive the balance of sale proceeds. Husband agrees to accept any qualified offers to purchase said premises within five (5%) percent of the listing price in order to facilitate an expeditious sale of the property. The parties herein acknowledge that Wife shall withdraw the sum of $25,000.00 from her retirement account in order to facilitate Wife's relocation from the marital home to a new residence. To the extent Wife incurs taxes and/or penalties on the withdrawal of said sum, Wife alone shall be responsible for payment of same. Husband agrees to execute an authorization to be prepared by Wife's counsel which permits Wife to be kept apprised of the real estate sale process by the listing real estate agent. 9. DIVISION OF PERSONAL PROPERTY ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties shall be entitled to receive the specific items referenced in the attached list, marked Exhibit "A" and made part hereof. The exchange of these items of personal property shall occur no later than thirty (30) days from the date of this Agreement. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2002 Ford Taurus and 1999 Astrovan currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicles. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 2004 Ford Explorer currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting said vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 4 The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 10. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with PAMPHA and all benefits to which Wife is entitled through her employment with Pinnacle, and specifically her Lincoln Finance Group 403(b), and Pinnacle Health 403(b) accounts, as well as her Pinnacle Health RIA plan. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 11. ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 12. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each 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. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 15. 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, nor to bar the other from demanding any such suit. 16. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 17. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 18. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by James G. Nealon, 111, Esquire, attorney for Wife, and Max J. Smith, Jr., Esquire, attorney for Husband, and each party acknowledges that 6 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 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. 20. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 property against the Will of the other, and the 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 interest, rights and claims. 21. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective 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 jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order 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 necessary to conform to this Agreement. 7 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNRS WHEREOF, the parties have hereunto set their hands and seals the day and year first WITNESS WITNESS - \S?? A. GAYLE E. RCHI ARIO E. MARCHI 9 EXHIBIT "A" Mario E. Marchi Gavle E. Marchi All China (occupied Japan) '/2 ewter silverware '/z ewter silverware All Cream of Wheat pictures All Cat's Meows Harrison Fisher pictures (including series pictures) Harrison Fisher pictures (including series pictures), limited to 3 framed seats and 10 other pictures of Wife's choosing 1/2 C stal lasses 1/2 Crystal lasses Pin collection sets Plates and collectible statues on fireplace book shelves Italian serving pieces from my mother's trip to Italy All shot lasses - m collection Norman Rockwell ornaments Kin and I plates Disney dishes Lon aber er molds Cemetery lots Assorted Christmas, Easter and Halloween decorations Bread maker Outside rill Tiffany lam from living room "MARCHI" framed sign 4 piece sectional sofa Dining room table and 6 chairs 37" TV Drop leaf table and 2 chairs Stereo DVD layer CD player VHS layer 21 CDs 8 plastic lasses 4 coffee mugs Cutting board 2 Lon aber er Father's Da baskets 6 candles 10 Grey wooden chest in garage Quilt Bar Wife's 'ewel All Lon aber er baskets %2 Carnival glass obtained during marriage % Carnival glass obtained during marriage and all obtained re-marital Round table and 2 chairs from living room 2 chairs from living room 11 i '.? ? __? } ?;., ; w. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIO E. MARCHI, No. 07-517 Civil PLAINTIFF VS. Civil Action - Law GAYLE E. MARCHI, DEFENDANT Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 25, 2007. 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. 1 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: Ca O 7-- GAYLE Eff- . MARCHI MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 25, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 2008 GZr,. X?fARIO MAR I 4 i f `= ti ^l L-.?,i C- {.`t i ?- ?„? ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIO E. MARCHI, PLAINTIFF : No. 07-517 Civil VS. GAYLE E. MARCHI, DEFENDANT : Civil Action -Law : Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(c) AND § 3301(d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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. § 4904 relating to unsworn falsification to authorities. DATE: 1.1 la C7 GAYLE . MARCHI fT ,' i ?`:,) ?..'? «' f ++v= ,' m ? t ?. ? ..... ._. ?...,,. ?,. ` K ... M; I .r 4.E„^ MARIO E. MARCHI, Plaintiff vs. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-517 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date 4 r-, 2008 M O E. MARCHI r--, ?.? ._ -?, :: a ?.,_ ? . . ; ?. ? ? _., ? .? «s „„ x t _.? - 4;? ?-' t`. ? t?_s MARIO E. MARCHI, Plaintiff vs. GAYLE E. MARCHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-517 CIVIL TERM CIVIL ACTION -LAW 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 Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on January 27, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff November 19, 2008 ; by Defendant November 6, 2008 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: ; (2) date of service of the Plaintiff's affidavit upon the 4. Related claims pending: None Attorney for (X) Pl tiff ( ) Defendant ?9 a ` , ?` ..7 :,? 7Z4. 07.511 0-1?-j 7;11 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 19th day of November, 2008, by and between GAYLE E. MARCHI (hereinafter called "Wife") and MARIO E. MARCHI (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on May 9, 1981; and WHEREAS, There have been two (2) children born of this marriage, to wit: GIULIO E. MARCHI, born May 9, 1984 and GABRIELLA E. MARCHI, born September 6,1986; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 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 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. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except 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, February 7, 2005, she has not incurred, 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 reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a 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, February 7, 2005, he has not incurred, 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. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. PARENT PLUS LOAN. Husband agrees to bear sole responsibility for payment of the jointly incurred education loan for the parties' daughter until such loan has been paid in full. Husband shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 6. MARK HECKMAN REAL ESTATE APPRAISAL. The parties herein confirm that Husband has paid Mark Heckman the sum of $400.00 for the cost of the real estate appraisal 2 of the marital home. Wife shall reimburse Husband in the sum of $200.00 as her one-half of that fee, payable upon execution of this Agreement. 7. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge 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 them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and 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 competent jurisdiction pursuant to Section 3502 of 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 distribution of marital property, but nothing herein contained shall constitute 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. REAL ESTATE. The parties agree that Wife shall grant, transfer, relinquish and convey to Husband all of her right, title and interest in the marital residence located at 109 South Second Street, Dillsburg, York County, Pennsylvania. Wife shall execute a deed so transferring her equitable interest in said premises to Husband contemporaneously with the execution of this Agreement. It is expected that Wife shall vacate said premises not later than November 30, 2008, at which time Husband shall assume exclusive occupancy of same. Wife shall ensure that the mortgage, utilities and all other usual and customary expenses relating to the house shall be current as of the date she vacates the home. The parties agree that Wife shall be permitted to remain in the residence until December 31, 2008, if necessary, and if that occurs, Husband shall assume occupancy effective January 1, 2009, at which time he will bear responsibility for paying the mortgage and all other household expenses. Husband agrees to list the property for sale with a real estate agent from the Jack Gaughen agency as soon as practicable following the date of this Agreement, and shall be guided by the realtor in determining the listing and sale prices. When the premises have been sold and 3 settled, Wife shall receive the sum of $15,000.00 as consideration for her equitable interest in the home, and Husband shall receive the balance of sale proceeds. Husband agrees to accept any qualified offers to purchase said premises within five (5%) percent of the listing price in order to facilitate an expeditious sale of the property. The parties herein acknowledge that Wife shall withdraw the sum of $25,000.00 from her retirement account in order to facilitate Wife's relocation from the marital home to a new residence. To the extent Wife incurs taxes and/or penalties on the withdrawal of said sum, Wife alone shall be responsible for payment of same. Husband agrees to execute an authorization to be prepared by Wife's counsel which permits Wife to be kept apprised of the real estate sale process by the listing real estate agent. 9. DIVISION OF PERSONAL PROPERTY ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties shall be entitled to receive the specific items referenced in the attached list, marked Exhibit "A" and made part hereof. The exchange of these items of personal property shall occur no later than thirty (30) days from the date of this Agreement. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2002 Ford Taurus and 1999 Astrovan currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicles. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 2004 Ford Explorer currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting said vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 4 The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 10. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with PAMPHA and all benefits to which Wife is entitled through her employment with Pinnacle, and specifically her Lincoln Finance Group 403(b), and Pinnacle Health 403(b) accounts, as well as her Pinnacle Health RIA plan. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 11. ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 12. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each 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. 5 14. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 15. 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, nor to bar the other from demanding any such suit. 16. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 17. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 18. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by James G. Nealon, III, Esquire, attorney for Wife, and Max J. Smith, Jr., Esquire, attorney for Husband, and each party acknowledges that 6 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 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. 20. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 property against the Will of the other, and the 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 interest, rights and claims. 21. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective 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 jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order 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 necessary to conform to this Agreement. 7 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS "EREOF, the parties have hereunto set their hands and seals the day and year first WITNESS GAYLE E. ARCHI W (; + - `, a 44-,? c WITNESS ARIO E. MARCH EXHIBIT "A" Mario E. Marchi Gayle E. Marchi All China (occupied Japan) '/2 ewter silverware 1/2 ewter silverware All Cream of Wheat pictures All Cat's Meows Harrison Fisher pictures (including series pictures) Harrison Fisher pictures (including series pictures), limited to 3 framed seats and 10 other pictures of Wife's choosing 1/2 C stal lasses 1/2 Cr stal lasses Pin collection sets Plates and collectible statues on fireplace book shelves Italian serving pieces from my mother's trip to Italy All shot lasses - m collection Norman Rockwell ornaments Kin and I plates Disney dishes Lon aberger molds Cemetery lots Assorted Christmas, Easter and Halloween decorations Bread maker Outside rill Tiffanlam from living room "MARCHI" framed sign 4 piece sectional sofa Dining room table and 6 chairs 37" TV Drop leaf table and 2 chairs Stereo DVD player CD player VHS player 21 CDs 8 plastic lasses 4 coffee mugs Cutting board 2 Lon aber er Father's Da baskets 6 candles 10 Grey wooden chest in garage Quilt Bar Wife's jewelry All Lon aber er baskets '/z Carnival glass obtained during marriage '/z Carnival glass obtained during marriage and all obtained re-marital Round table and 2 chairs from living room 2 chairs from living room 11 MARIO E. MARCHI, Plaintiff VS. GAYLE E. MARCHI, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 517 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this dqk day of11 2008, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 19, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, WZI Edgar B. Bayley, P.J. cc: Max J. Smith, Jr. Attorney for Plaintiff James G. Nealon, III Attorney for Defendant E ? ' r.1 C {?! ? C-4 MARIO E. MARCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GAYLE E. MARCH NO. 2007-517 CIVIL TERM DIVORCE DECREE AND NOW, ! mac, 3 oa , it is ordered and decreed that MARIO E. MARCHI , plaintiff, and GAYLE E. MARCH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 19 November 2008, is hereby incorporated into the Final Divorce Decree. By the Court, ??? er? vp?,Y- V, .?- - r", 3 MARIO E. MARCHI, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION- LAW Defendant : IN DIVORCE . ADDENDUM TO MARITAL SETTLEMENT AGREEMENT THIS ADDENDUM,made this day of PA' , 2013,by and , between GAYLE E. MARCHI, (hereinafter called"Wife") and MARIO E. MARCH ; zz --; Qm M__ (hereinafter called "Husband"). - ,r— WITNESSETH: o . , �°-� i;c= cu WHEREAS,Husband and Wife executed a Marital Settlement Agreement on 1f'ove bey 19, 2008,which was incorporated into their Decree in Divorce, issued by the Honorable J. Wesley Older on December 3, 2008; and WHEREAS,Husband and Wife desire to amend said Marital Settlement Agreement. NOW,THEREFORE,the parties intending to be legally bound hereby do covenant and agree as follows: 1. The parties agree to amend numbered paragraph 8,Real Estate. The parties agree that Husband shall pay to Wife a cash sum of$10,000.00 contemporaneously with execution of this Addendum; in full satisfaction of Wife's economic claims under the terms of the said Marital Settlement Agreement. Husband will attempt to refinance the premises at 109 South Second Street, Dillsburg, Pennsylvania within one (1) year from the date hereof in order to release Wife from any liability on the note and mortgage. In the event Husband is unable to qualify for refinancing, Husband shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband on the current mortgage, and Husband shall continue to bear sole responsibility for payment of such mortgage until it-has been satisfied in full. There shall be no requirement that the said property shall be sold. 2. It is expressly understood that all other provisions contained in the parties' Marital Settlement Agreement dated November 19,2008 shall remain in full force and effect. 3. The parties agree that this Addendum shall be made part of the Marital Settlement Agreement,and incorporated into their Decree in Divorce, for the purposes of enforcement and confirmation of the legal obligations undertaken in this Addendum.... 4. Both parties acknowledge that the Addendum is fair and equitable, that it is being entered into voluntarily, and that each has had the benefit of consulting with their respective attorneys,prior to signing the Addendum. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. AVITNESS GAYLE MARCHI *ftNESS NLklUO E.MARCFJ-f CAL ? MARIO E. MARCHI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-517 CIVIL TERM GAYLE E. MARCHI, CIVIL ACTION- LAW Defendant IN DIVORCE ORDER ,AND NOW this �� day of /90A I' , 2013, it is hereby ORDERED and DECREED that the attached Addendum to Marital Settlement Agreement is incorporated into and made part of the Decree in Divorce dated December 3, 2008. BY THE COURT: J. t Mw _ • • 4 V CD SIM,A3