HomeMy WebLinkAbout07-0547DAWN S. DESIMONE,
Plaintiff
V.
JOSEPH F. DESIMONE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO.: 2007 - S147
: 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 the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Americans with Disabilities Act of 1990
The Court of Common Pleas of Cumberland Court is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact the Court Administrator's office at (717) 240-6200. All arrangements must be
made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
DAWN S. DESIMONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. : NO.: 2007 CV
JOSEPH F. DESIMONE, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above-captioned action in divorce. By virtue of Section
3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both parties a list of qualified
professionals who provide such services.
Accordingly, if you desire counseling, please advise in writing promptly by replying to:
Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013.
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DAWN S. DESIMONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. : NO.: 2007 - SV
Ck.?,?L
JOSEPH F. DESIMONE, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. The Plaintiff is DAWN S. DESIMONE, who currently resides at 623 Coolidge
Street, New Cumberland, Pennsylvania, 17070, Cumberland County since 2001.
2. Defendant is JOSEPH F. DESIMONE, who currently resides at 623 Coolidge
Street, New Cumberland, Pennsylvania, 17070, Cumberland County since 2001.
3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff avers that Defendant has also been a bonafide resident of the
Commonwealth of Pennsylvania for at least six (6) months immediately prior to the
filing of this Complaint.
5. Plaintiff and Defendant were married on February 12, 1993, in Mantua, New Jersey.
6. Plaintiff and Defendant have lived in the same residence, but as two individuals,
separate and apart since 2002.
7. There have been no prior actions of divorce or annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff avers that neither party is an active member of the United States Military or
its allies.
10. 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. Being
so advised, Plaintiff waives that right.
11. Plaintiff avers that Defendant has been advised of the availability of counseling and
that Defendant may have the right to request that the Court require the parties to
participate in counseling.
12. Plaintiff avers the grounds for divorce:
a. The marriage is irretrievably broken;
b. The parties consent to the divorce; or in the alternative,
c. The parties have lived separate and apart for a period of two (2) years.
WHEREFORE, Plaintiff, DAWN S. DESIMONE, respectfully requests this Honorable
Court enter a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code.
COUNT I - EQUITABLE DISTRIBUTION
13. Paragraphs 1 through 12 above are incorporated herein by reference as though set
forth in full.
14. During the marriage, Plaintiff and Defendant have acquired various items of
marital property and debt, both real and personal, which are subject to equitable
distribution under the Divorce Code.
15. Plaintiff and Defendant are attempting to reach an agreement as to equitable
distribution.
16. In the event the parties are unable to reach an agreement, Plaintiff requests that
the Court equitably divide all marital property and debt.
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WHEREFORE, Plaintiff, DAWN S. DESIN 40NE respectfully requests this Honorable
Court equitably distribute all property, both real and personal, tangible and intangible, and debt,
acquired by the parties during the marriage.
COUNT II - CUSTODY
17. Paragraphs 1 through 16 are incorporated herein by reference as though set forth in
full.
18. Two (2) minor children were born of the Plaintiff and Defendant: Alexander Joseph
DeSimone, age thirteen (13) years, born July 6, 1993 and Olivia Dawn DeSimone, age
eight (8) years, born April 27, 1998.
19. Plaintiff seeks primary physical custody and shared legal custody of Alexander Joseph
DeSimone and Olivia Dawn DeSimone. The subject minor children are presently
primarily in the physical custody of Plaintiff.
During the past five years, the subject minor children have resided with the following
persons and at the following addresses:
ADDRESSES PERSONS DATES
623 Coolidge Street Mother January 2002 - present
New Cumberland, PA Father
The Mother of the subject minor children is Dawn S. DeSimone and is an adult individual
residing at 623 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania.
She is married to the Father of the subject minor children, but currently separated from him.
The Father of the subject minor children is Joseph F. DeSimone and is an adult individual
residing at 623 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania.
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He is married to Mother of the subject minor children, but currently separated from her.
20. The relationship of the Plaintiff to the subject minor children is that of biological
mother. The Plaintiff currently resides with the following persons:
NAME
Joseph F. DeSimone
RELATIONSHIP
Husband
21. The relationship of the Defendant to the subject minor children is that of biological
father. The Defendant currently resides with the following persons:
NAME
Dawn S. DeSimone
RELATIONSHIP
Wife
22. Plaintiff has not participated as a party or witness, or in another capacity, in other
litigation concerning the custody of the subject minor children in this or another court.
Plaintiff has no information of a custody proceeding concerning the subject minor
children pending in a court of this Commonwealth. Plaintiff does not know of a person
not a party to the proceeding that has physical custody of the subject minor children or
claims to have custody or visitation rights with respect to the subject minor children.
23. The best interests and permanent welfare of the subject minor children will be served by
granting the relief requested because the natural bond between mother and children
should be preserved.
24. Each parent whose parental rights to the subject minor children have not been
terminated and the person who has physical custody of the subject minor children have
been named as parties to this action. All other persons, named below, who are known to
have or claim a right to custody or visitation of the subject minor children will be given
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notice of the pendency of this action and the right to intervene: NONE.
WHEREFORE, Plaintiff requests the Court to grant to Plaintiff primary physical custody
and shared legal custody of the subject minor children, Alexander Joseph DeSimone and Olivia
Dawn DeSimone.
Respectfully submitted,
4M L. Erb, Esquire
Scaringi & Scaringi, P.C.
Supreme Court ID No. 84445
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
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VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing Civil
Complaint are true and correct to the best of my knowledge, information and belief. I understand
that any false statements therein are subject to the penalties contained in 18 Pa.C.S. § 4904,
relating to unworn falsification to authorities.
Dated: kawal a/
Dawn S. DeSimone
Plaintiff
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DAWN S. DESIMONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. : NO.: 2007 CV 547
JOSEPH F. DESIMONE, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, JOSEPH F. DESIMONE, on I 12 ? , accepted service of the Complaint in
Divorce Under Section 3301(c) or (d) of the Divorce Code, which was filed of record on January
29, 2007, in the above-captioned Court.
Joseph F. eSimone
Date: ( :?- 7
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DAWN S. DESIMONE,
Plaintiff
V.
JOSEPH F. DESIMONE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO.: 2007 CV 547
: CIVIL ACTION - LAW
: IN DIVORCE
CORRECTED ACCEPTANCE OF SERVICE
I, JOSEPH F. DESIMONE, on February 12, 2007, accepted service of the Complaint in
Divorce Under Section 3301(c) or (d) of the Divorce Code, which was filed of record on January
29, 2007, in the above-captioned Court.
Date: ?O
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DAWN S. DESIMONE
Plaintiff
V.
JOSEPH F. DESIMONE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.: 2007 CV 547
CIVIL ACTION -LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of 'x"07, by and between DAWN
S. DESIMONE, hereinafter referred to as "WIFE", and JOSEPH F. DESIMONE, hereinafter
referred to as "HUSBAND",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on February 12, 1993 in Mantua,
New Jersey;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they have determined to live separate and apart from each other, and that they shall be divorced
from the bonds of matrimony.
WHEREAS, Husband and Wife are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by
Wife; and, in general, the settling of any and all claims and possible claims by one against the other
or against their respective estates and in obtaining a Divorce Decree.
NOW THEREFORE, for and in consideration of the mutual promises herein contained,
and in consideration of other good and valuable considerations, and intending to be legally bound
hereby, the parties mutually promise, covenant and agree as follows:
1. Agreement Not A Bar To Divorce Proceedings:
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as
may be available to either party. This agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences which have occurred prior to
or which may occur subsequent to the date hereof.
2. Effect Of Divorce Decree:
The parties agree that unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final decree in divorce may be entered with
respect to the parties.
3. Personal Rights:
A. 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 provisions
of this Agreement 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.
B. 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. Neither party shall molest the other or attempt to or endeavor to
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molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the
other, nor in any way interfere with the peaceful existence, separate and apart from the other.
4. Entire Agreement:
This Agreement represents the entire agreement between the parties. There are no
representations, promises, agreements, conditions, or warranties between the parties other than
those set forth herein.
5. Discovery/Financial Disclosure:
The parties agree and acknowledge that they have each had an opportunity to conduct
discovery and investigation of the assets and debts of both parties. The parties agree and
acknowledge that they have made full and fair disclosure of all of their assets and income, as
well as debts, to the other party. The parties acknowledge that they have both been given the
opportunity to conduct investigation into all assets and debts, whether separate or marital, prior
to entry into this Agreement. Both Husband and Wife acknowledge that they have had full and
fair disclosure of all assets and debts prior to the execution of this Agreement. Furthermore, the
parties acknowledge that they have both had full disclosure as to both parties' income and
financial condition.
6. Taz Returns:
The parties agree to file a joint Federal, State and Local income tax for the tax year 2006.
Any refund due the parties shall be distributed to Husband. Thereafter the parties shall file income
tax returns separately. Husband shall claim one child, Alexander Joseph DeSimone, as a dependent
for all future tax returns. Wife shall claim one child, Olivia Dawn DeSimone, as a dependent for all
future tax returns. Both parties agree that in the event any deficiency in Federal, State or Local
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income tax is proposed or any assessment of any such tax is made against either of them, each will
indemnify and hold harmless the other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty, and expense incurred in connection therewith.
Such tax, interest, penalty, or expense shall be paid solely and entirely by the individual who is
finally determined to be the cause of the misrepresentation or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns.
7. Debts Of The Parties:
Husband and Wife each represent and warrant to each other that from and after the date of
their separation, he or she respectively has not or will not contract or incur any debt or liability for
which he and she respectively or his or her estate might be responsible, and shall indemnify and
save harmless Husband and Wife from any and all claims or demands made against him or her,
respectively, by reason of any such debts or obligations incurred by him or her after the date of their
separation, except as indicated in this Agreement.
Husband and Wife shall hold each other harmless from any liability and/or damage
whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill
the total obligation which he/she hereby agrees to assume.
Husband shall assume full responsibility for the following debts: the Paypal account with an
approximate balance of $420.00; the Card Members Card with an approximate balance of $428.00;
the Direct Merchants account with an approximate balance of $2,994.00; the State of New Jersey
with a payment of $50.00 per month; the Bank of America account with an approximate balance of
$9,313.00; the Target account with an approximate balance of $475.00; the Home Depot
Contractors account with an approximate balance of $1,200.00; and the Home Depot account with
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an approximate balance of $7,272.00.
Wife shall assume full responsibility for the following debts: the PSECU account with an
approximate balance of $12,000.00; the GTI Volkswagen payments with an approximate balance of
$8,950.00; the Sears account with an approximate balance of $531.37; the payments of the Toyota
Sienna an with an approximate balance of $13,982.00 until the sale is completed; the Goodyear
account with an approximate balance of $765.52; the Old Navy account with an approximate
balance of $75.00; and the household utilities. The utilities accounts shall be transferred to Wife's
name.
8. Spousal Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs:
Each party does hereby specifically waive any right he or she may have now or may have in
the future to spousal support, alimony, alimony pendente lite and counsel fees and costs.
9. Customs
The parties are the parents of two minor children, Alexander Joseph DeSimone, born July 6,
1993, and Olivia Dawn DeSimone, bom Apr-it 27, 1998. The parties agree that it is in the children's
best interests that the parties shall share legal custody and that Wife shall have primary physical
custody of the minor children. Husband shall have periods of partial physical custody of the minor
children during the summer, as the parties mutually agree in writing. The parties agree to alternate
custody of the minor children for the following holidays: Christmas and Thanksgiving, beginning
with Husband having Thanksgiving in 2007. Husband shall pay for all transportation, both to and
from his place of residence, of the minor children relating to his periods of partial physical, custody
and any visits the children may make to Husband's residence in Florida or any other state where
Husband chooses to live.
10. Child Support
Husband agrees to pay $600.00 per month in child support to Wife for the statutory period
of time proscribed in the Pennsylvania Domestic Relations Laws.
11. Real Estate:
The parties agree that Wife shall become the sole owner of a parcel. of real estate, which is
located at 623 Coolidge Street, New Cumberland, Cumberland County, Pennsylvania. The parties
agree the marital residence is secured by a Mortgage held by Countrywide or its assigns, with an
approximate balance of $139,000.00. The loan is in both parties' names.
The parties agree that Wife shall have sole and exclusive possession and ownership of the
marital residence. Wife agrees to be solely responsible for the mortgage and shall attempt to
refinance the mortgage to remove Husband's name from liability within the next two years.
12. Personal Property:
The parties declare that they have secured possession of all personal property separately and
individually owned by each party and further, that they have divided all jointly owned personal
property between themselves, except as may be touched upon and described herein, and that the
right, title and interest of each of the parties hereto in the items of jointly held personal property now
possessed by each party shall be hereafter deemed the separate and sole property of the possessor of
same.
13. Motor Vehicles:
The parties agree that they are the joint owners of a 2000 Toyota Siena Van which shall be
immediately listed for sale. The loan on the Siena has an approximate balance of $13,982.00.
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Husband agrees to grant Wife a limited Power of Attorney for the purpose of transferring title of the
Siena Van to Wife for immediate sale thereof. Husband waives any right, title or interest he may
have in said vehicle. The parties further acknowledge that Husband is the sole owner of a Utility
Van, which is paid off and shall remain his sole and exclusive property. Wife waives any right, title
or interest she may have in said vehicle. Wife shall assume payments for the GTI Volkswagen
which son will receive when he reaches sixteen years of age. The GTI Volkswagen has an
approximate balance of $8,950.00.
Husband and Wife shall hold each other harmless under this section. Each shall be
responsible for his or her own vehicle insurances.
14. Retirement Plans and Insurances:
Husband and Wife agree that each does hereby specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan,
Retirement Plan, IRA Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan, Stock
Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of
the other Party, acquired in the past or future by the other party, whether acquired through said
Party's employment or otherwise (hereinafter "Retirement Plans"). The parties agree, upon demand
of the other party or the other party's Retirement Plan Administrator, to execute any and all
documents necessary to effectuate this paragraph. Hereafter, the Retirement Plans shall become the
sole and separate property of the Party in whose name or through whose employment said plan or
account is held or carried. If either Party withdraws any sums from the Retirement Plans distributed
to him or her pursuant to the terms of this paragraph, that Party shall be solely liable for any and all
taxes and penalties resulting from that withdrawal.
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Husband and Wife agree that each does hereby specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy
or insurance account of the other party, acquired in the past or future by the other party, whether
acquired through said party's employment or other wise. Hereafter, the insurance polices shall
become the sole and separate property of the party in whose name or through whose employment
said policy or account is held or carried. If either party withdraws any sums from the insurance
policies or accounts distributed to him or her pursuant to the terms of this paragraph, that party shall
be solely liable for any and all taxes and penalties resulting from that withdrawal.
As of the date of this Agreement, neither party shall be obligated to maintain any life
insurance policy on himself or herself for and on behalf of the other. Neither party shall be the
beneficiary of any life insurance policy that insures the life of the other. Each party specifically
releases, waives and forever discharges any right that he or she may have now or in the future as
beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever
releases and discharges the other from any claim or action for such rights.
15. Health Insurance and Unreimbursed Medical Expenses:
Husband and Wife agree to provide for his or her own health insurance. Husband and Wife
agree that each shall be responsible for his or her own unreimbursed medical expenses. Husband
and Wife shall hereby release and hold each other harmless from any liability that may accrue to
each other as a result of failure to pay for his or her own unreimbursed medical expenses.
M Business Stocks and Assets:
Husband does hereby specifically waive any right, title or interest he may have in Wife's
jewelry business named Inspired Glass Beaded Jewelry by Dawn.
Wife does hereby waive any right, title or interest she may have in husbands handyman
business named Joe's Handyman Service or any name he has used for the purpose of operating his
business in the past, now, or in the future. Husband agrees to hold Wife harmless for any business
liability he may have now or in the past, or may incur in the future.
17. Cash Payment:
Wife agrees to pay Husband the sum of $15,000.00 less $4,000.00 representing one-half the
amount of the 2006 tax refund, less one-half the amount of the legal (divorce) fees upon the sale of
the marital residence, whenever that may occur.
18. No-Fault, Uncontested, Consent Divorce:
The parties agree to execute the Affidavit of Consent and Waiver of Notice of Intention to
Seek Entry of Divorce Decree at the expiration of ninety (90) days from the date of service of the
Divorce Complaint. Wife will then file the Praecipe to Transmit the Record and provide a certified
copy of the Divorce Decree to Husband.
19. Mutual Cooperation:
Husband and Wife agree that each will forthwith (and within at least ten (10) days after
demand therefore) execute any and all writings, instruments, assignments, or releases,
satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the
proper effectuation of this Agreement.
20. Bankruptcy:
The parties further warrant that they have not heretofore instituted any proceedings pursuant
to the bankruptcy laws nor are there any such proceedings pending with respect to them which have
been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as
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they resolve the economic issues between the parties incidental to their divorce and the obligations
of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should
either party file for protection under the Bankruptcy Code at any time after the date of execution of
this Agreement.
The payments called for in this Agreement are not intended to be a debt which is affected by
a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in
bankruptcy because the parties acknowledge that such are necessary for the parties to meet their
financial obligations and to support and maintain their standard of living as well. The parties
acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file
a bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be dischargeable by or on
behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall
constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance
and support are not dischargeable under current bankruptcy law or under any amendment thereto.
Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is
instituted in which a party's right to have payments made by the other becomes a matter for judicial
review, the parties agree to consent to any motion filed by the other with the bankruptcy courts,
wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability
of said obligation and other obligations to said party thereunder in order to allow the appropriate
Court of Common Pleas to rule upon the issue.
21. Reconciliation:
This Agreement will remain in frill force and effect even if the parties reconcile, cohabit
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as Husband and Wife or attempt to reconcile. There shall be no modification or waiver of any of
the terms hereof unless the parties in writing, signed by both parties execute a statement
declaring this Agreement or any term of this Agreement null and void.
22. Modification and Waiver:
A modification or waiver of any 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 of any subsequent default of the same or similar nature.
23. Advice of Counsel:
This Agreement contains the entire understanding of the parties who expressly acknowledge
that this Agreement has been entered into by his or her own volition, with full knowledge of the
facts and full information as to the legal rights and liabilities of each other, after consultation with
counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing,
and each believes this Agreement to be reasonable under the circumstances, being fully informed of
all property owned by each other, and each hereby acknowledges that there have been and are no
representations, warranties, covenants or agreements other than those expressly set forth herein.
WIFE, DAWN S. DESIMONE, IS REPRESENTED BY MELANIE L. ERB, ESQUIRE.
HUSBAND, JOSEPH F. DESIMONE, IS NOT REPRESENTED BY COUNSEL, BUT HAS
BEEN ADVISED THAT HE HAS THE RIGHT TO OBTAIN COUNSEL AND HAVE THIS
DOCUMENT REVIEWED BY AN ATTORNEY.
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24. Negotiations By Parties:
Each party acknowledges that the terms of this Agreement were negotiated directly by each
other. Each parry has instructed his or her attorney to refrain and each party has himself and herself
refrained from undertaking formal discovery proceedings, accounting procedures or other
investigative efforts authorized by law in order to obtain an early, amicable and expeditious
settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his
or her attorney has not undertaken any independent investigation or engaged in formal or informal
discovery proceedings relating to the extent or value of assets described herein, but has relied solely
upon information supplied by the parties relating to those matters and upon the terms and conditions
negotiated by the parties, and any appraisals that might have been obtained by the parties.
25. Tag Advice:
Each party acknowledges that his or her counsel has not made any representations to that
party regarding the tax consequences or tax effect of any of the matters set forth herein, and has
instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice
as to the tax consequences of this Agreement or any ramifications thereof, and that each party's
counsel has given no recommendation, advice, opinion or statement concerning the tax
consequences of this Agreement
26. Agreement Binding on Heirs:
The death of either party hereto shall not terminate the requirements of this Agreement for
any and all payments or settlements to be made hereunder. Any payments due hereunder shall be
made by the personal representative or executor of the deceased from his or her estate. This
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Agreement shall be binding upon the heirs, executors, administrators, legal representatives and
assigns of both parties hereto.
27. Mutual Release:
Husband and Wife each does hereby mutually release, remise, quit-claim and forever
discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever,
of and from any and all rights, titles and interest, or claims in or against the property, including
income and gain from property hereafter accruing, of the other or against the estate of each other, of
whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may
have against each other, the estate of the other or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the
nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar
allowance, or under the Intestate Law, or the rights to take against the spouse's Will, or the right to
treat a lifetime conveyance by the other as testamentary, or all other rights of the surviving spouse to
participate in a deceased spouse's estate or any right which a wife or a husband may have or at any
time hereafter may have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or
otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any part hereof. It is the
intention of Husband and Wife to give each other by the execution of this Agreement a full and
complete general release with respect to any and all property of any kind or nature, which the other
now owns or may hereafter acquire, except, and only except, all rights and agreements and
obligations of whatever nature arising or which may arise under this Agreement or for the breach of
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any part of this Agreement, subject, however, to the implementations and satisfaction of the
conditions precedent as set forth herein above.
28. General Duty to Indemnify:
Each Party represents and warrants to the other that he or she has not incurred any debt,
obligation, or other liability, other than those described in this Agreement, on which the other Party
is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking
to hold the other Party liable for any debt, obligation, liability, act, or omission related to the
marriage of the Parties for which that Party is responsible under the terms of this Agreement, the
responsible Party will, at his or her sole expense, defend the other against the claim, action, or
proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the
other Party with respect to all Damages resulting from the proceeding. The term "Damages", as
used in this Agreement, shall include, without limitation, any loss, cost or other liability that results
from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and
other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to
avoid such litigation. To be includible, "Damages" must result from an inaccurate representation
made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach
of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant
to this Agreement. Each Party agrees to give the other prompt written notice of any litigation,
demand, claim, action or proceeding that is threatened or instituted against him or her and that might
constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph.
29. Headings Not a Part of Agreement:
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
14
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meaning, construction or effect.
30. Void Clauses and Severability:
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in
full force, effect and operation.
31. Warranty:
Husband and Wife acknowledge that they have each read and understand this Agreement,
and each warrants and represents that it is fair and equitable to each of them.
32. Law of Pennsylvania Applicable:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
33. Agreement Part of Divorce Decree:
Husband and Wife agree that this Agreement is to have all the force and effect of a Court
Order, and, upon Divorce, shall be included as part of the Divorce Decree for enforcement purposes.
34. Survival Beyond Divorce Decree:
The parties hereby acknowledge that they have accepted the within Marital Settlement
Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by
the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce
be obtained by either of the parties in this or any other state, each of the parties hereby consents and
agrees that this Agreement and all its covenants shall not be affected in any way by any such
15
separation or divorce; and nothing in any such Decree, Judgment, or Order or further modification
or revision thereof, shall alter, amend or vary any term of this Agreement, whether or not either or
both of the parties shall remarry, it being understood by and between the parties that this Agreement
shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation.
It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions
thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of
enforceability only. This incorporation, however, shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be
forever binding and conclusive upon the parties.
35. Date of Execution:
The "date of execution" or "execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they have each executed the Agreement on the same date.
Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date
of execution by the party last executing this Agreement.
36. Effective Date:
This Agreement shall be immediately effective upon execution by the parties and is not
subject to any conditions precedent such as the parties' divorce.
37. Distribution Date:
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
16
I
38. Sanctions for Non-Comuliance:
In the event that either party breaches any provision of this Agreement and the other party
retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorney's
fees, court costs and expenses (including interest and travel costs if applicable) which are incurred
by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by
litigation or by amicable resolution. It is the specific agreement and intent of the parties that a
breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and
attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights
under this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year
first above written.
WITNESS:
L- ?' //O? X7 QUQ ? l
1 (SEAL)
L. RB DAWN S. DE IMONE
Atto y for DAWN S. DESIMONE
(SEAL)
JOSEPH #. DES
17
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.
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF A-a P14 / t--? :
Personally appeared before me, the undersigned officer, this day of
2007, DAWNS. DESIMONE, known tome, or satisfactorily proven to be, the
person whose name is subscribed to the within instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
(SEAL)
Notary Public
My Commission Expires: / d /a Lqc
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon H. Simcizen, Notary Public
Ci? of Harrisburg, Dauphin County
My ommission Expires Oct. 21, 2008
COMMONWEALTH OF PENNSYLVANIA :
SS:
COUNTY OF P 1-1 r?
Personally appeared before me, the undersigned officer, this day of
?4 LA ?/ , 2007, JOSEPH F. DESIMONE, known to me, or satisfactorily proven
to be, the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
Notary Public
My Commission Expires: ) o /'P I
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sharon H. Simcizen, Notary Public
F(Ci!y of Harrisburg, Dauphin County
1 g y ommission Expires Oct. 21, 2008
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DAWN S. DeSIMONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V.
DOCKET NO. 2007 CV 547 DV
JOSEPH F. DeSIMONE, : CIVIL ACTION -LAW
Defendant. : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code
was filed on January 29, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
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 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: 07
JOSEPH-T' . D_eSIMONE, Defendant
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DAWN S. DeSIMONE,
Plaintiff
V.
JOSEPH F. DeSIMONE,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 2007 CV 547 DV
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301(c)(d) 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 Waiver 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: (_:2 a4 67
JOSEPH F. DeSIMONE, Defendant
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DAWN S. DeSIMONE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: DOCKET NO. 2007 CV 547 DV
JOSEPH F. DeSIMONE, : CIVIL ACTION -LAW
Defendant. : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code
was filed on January 29, 2007.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
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 In-
tention 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. Section 4904, relating to
unsworn falsification to authorities.
Date: LP 'a q' 07 Ew, ? - t h?Ipu
DAWN DeSIMONE, Defendant
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DAWN S. DeSIMONE,
Plaintiff
V.
JOSEPH F. DeSIMONE,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: DOCKET NO. 2007 CV 547 DV
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (c)(d) 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 Waiver 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.
Date: b a'i 10-7
DAWN DeSIMONE, Defendant
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DAWN S. DeSIMONE : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: DOCKET NO. 2007 CV 547
JOSEPH F. DeSIMONE, : CIVIL ACTION -LAW
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 §3301(c) or (d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: The Original Complaint in Divorce was
served upon Defendant by Regular U.S. First Class Mail, Postage Pre-paid on January 31, 2007,
and was received by Defendant on February 12, 2007 as evidenced by the attached Corrected
Acceptance of Service.
3. Date of execution of Plaintiffs Affidavit as required by §3301(d) of the Divorce Code
a. Plaintiff. June 29, 2007
b. Defendant: June 23, 2007
4. Related claims pending: All claims have been settled by and through a Marital Settlement
Agreement dated January 31, 2007 and signed by Plaintiff on January 31, 2007 and Defendant
on January 31, 2007. Said Marital Settlement Agreement is attached herein; incorporated by
reference, but not merged into the divorce decree.
5. Date and Manner of Service of the Notice of Intention to file Praecipe to Transmit Record:
a. Plaintiff s waiver is attached within and shall be filed as part of the Praecipe
to Transmit Record.
b. Defendant's waiver is attached within and shall be filed as part of the
Praecipe to Transmit the Record.
Respectfully submitted,
Date:
4?Aomley rb
D. . 844 45
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
trZ r`- N -
4u
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Dam S. D 219 in nB
Plaintiff
N 0. 2007 547
VERSUS
Joseph F. DB%ucm
DECREE IN
DIVORCE
AND NOW, `I y 4 ti Za0?, IT IS ORDERED AND
DECREED THAT IB S. D S mme PLAINTIFF,
AND Joseph F. DeSWcrje , DEFENDANT,
ARE 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;
Ntm. A Nbital Settlarer>t A ems t dabBd Janisry 31, 2007 is attadmd bubo and
. .. rF xated herein by reiiaum, but mt m aged into the Qivzave Dec-ee.
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