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HomeMy WebLinkAbout97-00374 t .... ~ .:r ..... ~ ;.. ~ 1t '-> '" ~ .... } ""'" ~ q: \:J ( '" ~ ..... " .~ ... '-.J ~I ~ ~ ~ I '" :r;}.' /" ,r , **----~~~-~--------->-*..*_.~--~~.~ ~ ~-------~--~ ,---,-~- ~,' '.' ., ~ 8 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF 1~ PENNA. ,:, ~ w ',' S ':. ~ ~ ',' w ',' W <:' MARILYN}. CANTALUPI, Plaintiff i\ () .9.7::3.?~..,(;Iy''p:~..,';I;,J;;~ ~ ~ ~. Vel';W:; ~ JOHN D. CANTALUPi. ~ ~ ',' ~ w ',' r, " ... DECREE IN ~ 8 ANDNOW.Xl~'tf,:.,E<<!:;'~~'~~d ~ : Defendant " ~ ',' w ',' ~ ~) v) ~ (. 8 decreed that ,',',""'" MARILYN, J.., ,CANTALUPI. " , , , , " " , " plaintiff, and,.."""..,..""", ,-!9!"1.~ ,I?:..GtWrAI.,l!"'~,..,..,......... defendant, are diyorced from the bonds of matrimony. ~ w. ~.' 8 w ',' ,:. ~ 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; ~ ',' ~ '=' w ',' None " ... .. ........ ... ....... ,.......... ........... .... ........ .................. '0' w. ',' ~ ,,' :01 fo' ~,H,H..",., ~H'j: : S ~ 7+11'{ . ' , /P~oth~~ota'~yH" ~ " ~ ~,---,_..,"-_____,~,.._"_,_..,_,~,,,.,,. _.._H_~_'__ ,_ a ~~~~~~-~--~-*----------~~:_~~,~,~ :01 '=' :01 ~ ,'. ~ 8 ~ '.' 8 ~ ... ,', ~ ~ " ~ " ~ 8 8 " " ~ ~ ~ ~ ~.~ ~ ~ " 8 $ ~ 8 $ ~ ... -" , .:.. ,:.: l-.. , ", , , , , - , I.: " - C'.. , I i.:. C L, i , .... , C. l. , MARILYN J. CANTALUPI, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 374 civil vs. JOHN D. CANTALUPI, Defendant IN DIVORCE AND NOW, ORDER OF ~ this ~~ day Of~ 1998, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated september 2, 1998, 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, cc: Wayne F. Shade Attorney for plaintiff Hubert X. Gilroy Attorney for Defendant /o/:z b/fiJ" ~,f. t.+".., l'>'ICI.kU( P.J. , , , . " PROPERlY SEmEMENT AGREEMENT TInS IS AN Agreement made this J....J day of September, 1998, by and between, John D. Cantalup~ (hereinafter referred to as Husband) and Marilyn 1. Cantalup~ (hereinafter referred to as Wife), WHEREAS, Husband and Wife were married on ]u1y 8, 1978; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Wife has commenced a diyorce action against Husband docketed at No.97 - 374 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Diyorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a fuU, complete and final settlement of all of those rights and obligations under said Diyorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals fonn a part of this Agreement and waive any right to counseling under the Diyorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Diyorce Code not provided for herein and agree as foUows: 1 The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each . party sha1I be free from intenerence, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carTY out the provisions of this Agreement. Neither party sha1I molest the other or attempt to endeayor to 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 peacefu1 existence, separate and apart, from the other. hi 10 The parties will enter into a separate Stipulation for purposes of presentation to the Court for entry of an order on custody. The Stipulation shall recite that the parties shall share legal custody of the their three minor children, SteyeR, Brian and Susan. Physical custody shall be handled such that Steyen will reside primarily with Wife, Brian willliye primarily with Husband. and Susan will alternate between the two parents on a weekly basis. The Stipulation will further set forth that ~d~~~~~.M~~~d~~~~~ with Father. \I The parties will enter into a Stipulation Agreement relating to support whereby Husband sha1I pay to Wife support in an amount pursuant to DRO guidelines, This Support Agrcel1lCfIt may be modified as cifQ1lllStlUlCCS change, these circumstances to include the custody of the children. the earnings of the parties and other related matters, 12 The parties agree that Husband will be able to claim the dependency deduction for Federal Income Tax purposes for Brian and Susan in 1998, Mother shall be able to claim Stephen. Assuming the support obligation as set forth in Paragraph II aboye continues in 1999, Husband shall also be able to claim dependency deduction for Brian and Susan for that year. The parties will renegotiate this issue for the year 2000 and thereafter. 13 Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consumption of this Agreement. ' 14 Both parties shall incur their own legal expenses with respect to this diyorce litigation, IS The parties agree that they will not contraet or incur any debt or liability for which the other party might be responsible and sha1I indemnify and save the other party hann1ess from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 16 Should a decree, judgment or order of separation or diyorce be obtained by either of the parties in this or any other state, country, or jurisdiction. each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modi6cation and revision thereof shall alter, amend or vary any tenn of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parities hereto that this Agreement shall surviye 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 thereo~ may be incorporated by reference into any diyoree, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to pennit this Agreement to swvive any judgment and to be forever binding and conclusive upon the parties, 17 Husband and Wife do hereby mutually remise, release. quit claim or forever discharge the other and the estate of such other, for all time to come, and I' Of all purposes whatsoever, from any and all rights, title and interest, or c1aims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may haye against such other, the estate of such other or any part thereo~ whether arising out of any fonner acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of claims in the nature of dower or curtsey, or widow's or widowCl's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or tenitory of the United States, or any other country or any right which either party may now haye or at anytime hereafter haye 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 relation 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 provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only excePt all righl~ and agreements and obligations of whatsoever nature arising or which may arise under this Agreeinent or for the breach of any provision thereof. - 18 Each of the parties shall, from time to tim~ at the request of the other, execute, acknowledge and . deliver to the other party any and all further instruments or documents that may be reasonably required to giye full force and effect to the provisions of this Agreement. 19 A modification or waiyer of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same fonnality as this Agreement. The fiIiIure of either party to insist upon the strict perfonnance of any of the provisions of this Agreement shall not be c:onstrued as a waiver of any subsequent default of the same or similar nature. ..;.,...,"bIo~ .... J~ COMMONWEAL 111 OF PENNSYL V ANlA COUNTY OF CUMBERLAND : ss On this, the 2nd day of September, 1998, btfore me a Notary Public, the undersigned officer, personally appeared John D. Cantalupi, known to me (or satisfactorily proyen) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for toe purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal, ~.,~kJ~ ~wJ~ otaiY Pub!' NoIItIII Seat Bt\daII Am ColcOI8n. = CailIsl4I Boro, CmlbIItand MV Comr1UIIon ExpIres June 10. 2 COMMONWEAL 111 OF PENNSYLVANIA : ss COUNTY OF CUMBERLAND On this, the /'Tr/, day of ~ L.... ,1998, before me a Notary Public, the undersigned officer, personally app ed Marilyn J. Cantalupi, known to me (or satisfactorily proyen) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal, c.:,...~~~ Notary lic Notarial Seal Connie J. Trill, Nolary Public Carlisle, Cumberland County ; My Commission ExpllllS Oct, 6.2000 WAYNE F. SHADB A.....,. ..lAw 53 Well Pam(", SIred Carliole, I'moIyIvIDia 17013 , , ~ MARILYN J. CANTALUPI, plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW r. v. NO. 97- 3 7~ CIVIL TERM JOHN D. CANTALUPI, Defendant : 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 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. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 @~~~ Wayn F. Sha e Attorney for Plaintiff 5. The parties have been living separate and apart since January 15, 1997. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. 9. Defendant herein is not a member of the armed forces of the United states of America. 10. There were three children born to the parties, namely, steven John Cantalupi, born July 6, 1980, Brian Albert Cantalupi, born October 1, 1983, and Susan Elizabeth Cantalupi, born December 15, 1985. 11. WAYNI! F. SHADE A......,...uw 53 Weal. Pomfm Strtd Carlisle, Pcm.ylv.... 17013 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. -2- ~ I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 54904 relating to unsworn falsification to authorities. Date: January ~(>, 1997 ~a:~~' '.~ WAYNI! F. SHADE ^.....,...~ 'lW",_",_ c.rtioIe.P<auyIv.... 170ll .- ( n ...J q '-' .., , -"'1 -' ."-.) I , ,1., , , , " , " .. .) 1,\ n ..0 n C"' -J ,., .ui';~ ~ ;..1 '(I rih:' ,'J ';~I~ Z 32L 7bS 680 r-,'; ~ . . , 1 '~ ri1 -~ l.D jC ~ Receipt for .> r: !:B Certified Mall .' :'1 '. , No Insurance Coverage Provided .j(~ ~ 00 not use for InternaUonal Mail ~.! ~ .:~In '-I ISoo Revorlel r:- ~o 8i - '0 -.;; p 11 '~Z+5'O""Haggoners Gap Rd i fin 5IJ'f',lfltl/If'C'H\f' g Carlisle PA l701 ~ P....", $ . 55 g (M"'.... ,.. 1. 10 ... f SpI'(:"l[)Ph"""wfl't! MIl1'Oe,,.d [k1>~NY III" 2.75 1.10 R.'lJ",Pt"l.:.NJ'.,..O....",Q I.., ,^'ho<n 8. Date Olol,~..,..d Rel",n 11l'1:t'PI S"o.,.,ng 10 Wh<Jm. 0..1', olIO" A(ld'P\1"~'-' Add",,, tOTA\. "O\"QI! """"1 $ 5.50 P05Irt1i1,1t IV D.11e January 22, 1997 tl':""~f':;i"Jo:""~_~'j...'r' ',."..... .,,:....'-,.. - .":':-:>,<~;,..---r--_'.. i....."..,"':....,~.. ~;r<-..,,_...~' dO .. ~~.~~;.~:wi~41'::. J-'l~'I~r,/':,~''.'t1i~t; y.rrt('~T:: \\? :,_~r,PrIrC"---""_~. _ '._ onthl,"~"" Of. o""..:form,, ~_",'.''-~~' ttM,^')r,.>.;~~,/~:'-. "':-1 ,.......,1Ne""tDyou. '- .. __-___-..~,..,... "..... .'>"~ ._,',;; :'".:T.:~;~~"---" ""'. -'f :,~ 'i.c,A......_ tolhi ,.... of tho ..........,.... thO...... .....',; /i;\t/-'Oi' ,If' I,i- ':t~-"'" .. ' ..' ' '/"',,' ',,:.,.'~".,.'..-'.:" ;"'~ 1>_'" .:':-:;~:;,/;;1:"_<Fi~-\.,;;,rt-"'Ii$~-(;" f"' l:f.w.Ilo~-"IIIoIIpC.", ...,'C!'Itho..........ltoIowtho..~S' .".,~,1llofto!lllnlllollpC..._to_......-,...~ond"..- ,:" ",Ii- ',.'.',','" ,.,'.,..':",,.,C ;", 3; AnlaIIAddreuodlO: "', ' "..'.' .....'ArtlclI. ,',',~iMr. 'JOM D..Cantalupi" ":'; :i.',:".' ...",:.3450 WaggQners G.ap Ro.,ci.: " 'Carlisle, PA 'l7013i, ." . " . ;"". il. It CAdd_I, ...'. , -","""... BROU.JOS. GIL.F10Y 8r HOUSTON, P. C. AnoNNlrYe AT LAW ..c...-_-:::, .c---_ -.. .. NO"TH HANDV." .T"llKT CARU8L.C. PENNSYLVANIA 17013 t717J "'.04e74 7....'..0 ..._..._----_._-"-..._._._-~-----_.,_..- MARILYN J. CANTALUPI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. . . : NO. 97 - 374 CIVIL TERM JOHN D. CANTALUPI, Defendant, . . . . : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter my appearance as counsel of record for the above captioned Defendant. Dated: February 7, 1997 ert X. G' roy, Esquire BroUjos, G' roy & Houston, P.C. 4 North H over Street Carlisle PA 17013 (717) 24 -4574 cc: Wayne F. Shade, Esquire 'r: iii.> .Ii'). --- ....... -- n .0 c, C -.J "q ::.- ." J ,-, ""1 QJi G.1 '1=') !'-;" ~0 " Cli, j6 -'.. R: ~;;. --,1_, . 5-3 ~... - ','0 " ~'irn -' - .. ~~ :n :i:J -<; MARILYN J. CANTALUPI, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW v. JOHN D, CANTALUPI, Defendant :NO. 97-374 CIVIL TERM :IN DIVORCE NOTICE TO PLEAD TO: Marilyn J. Cantalupi C/O ATTORNEY Wayne F. Shade, 53 West Pomfret Street, Carlisle, PA 17013 You are hereby notified to file wrillen response to the enclosed Counterclaim within twenty (20) days from service hereof or judgment may be entercd against you. Hubert X. Oil , Allomey for Plaintiff Broujos & . roy Allomey at Law 4 N. Hanover Street Carlisle, P A 17013 (717) 243-4574 MARILYN J, CANTALUPI, Plaintiff :IN THE COURT or COMMON PLEAS or :CUMBERLAND COUNTY, PENNSYLVANIA :C1VIL ACTION - LAW v. :NO. 97-374 CIVIL TERM JOHN D. CAI'IT ALUPI, Defendant :IN DIVORCE ANSWER TO COMPLAINT AND COUNTERCLAIM Defendant, John D. Cantalupi, by his allomeys, Broujos & Gilroy, P,C" sets forth the following in response to the Plaintill's Complaint: Admitted. 2 Admitted. 3 Admitted. 4 Admitted. 5 Admilled. 6 Admitted. 7 Admilled. 8 Admitted. 9 Admitted. 10 Admitted. II Admitted. WHEREFORE, Defendant joins in Plaintitl's request that a judgment of divorce be issued between the parties. COUNT II 12 Admitted. 13 Admitted. WHEREFORE, Defendant joints in Plaintitl's request that the Court equitably divide the marital property of the parties. COUNTERCLAIM IN DIVORCE 14 The allegations set forth in paragraphs I through 13 above are incorporated herein by reference thereto. IS The Plaintiff, Marilyn J. Cantalupi, has offered such indignities to the Defendant, John D. Cantalupi, her innocent and injured spouse, as to render his condition intolemble and life burdensome. 16 Plaintiff, Marilyn J. Cantalupi, has committed adultery. 17 Defendant, John D. Cantalupi, is an innocent and injured spouse. WHEREFORE, Defendant, John D. Cantalupi, requests that the Court issue a judgment diyoreing him from Marilyn J. Canlalupi. Respectfully submitted, VERIFICATION I yeri fy that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subjeet to the penalties of 18 Pa,C.S. Section 4904, relating to unsworn falsification to authorities. WITNESS 2:~CA~LUPI . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Masler Tracl .10 Col~er Office Maneger/Repoller West Shore 697,0371 Ext, 6535 June 16, 1998 Hubert X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover street Carlisle, PA 17013 RE: Marilyn J. Cantalupi vs. John D. Cantalupi No. 97 - 374 civil In Divorce Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Dear Mr. Shade and Mr. Gilroy: By order of Court of President Judge George E. Hoffer dated June 9, 1998, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on January 22, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. On June 8, 1998, the Defendant filed an answer and counterclaim. The counterclaim raised the grounds for divorce of indignities and adultery. The only economic claim pending before the Master is equitable distribution. I am unable to tell from the pleadings whether or not counsel need to proceed on grounds other than no-fault grounds; however, I am going to proceed on the basis that grounds for divorce are not an issue and direct that each counsel file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or before Friday, July 17, 1998. If grounds for divorce are an issue and we need to schedule a hearing on the grounds of indignities and/or adultery, please advise immediately. Otherwise, upon receipt of the pre-trial statements I will immediately schedule a pre-hearing conference t r \ ~ , , j i FNC1243-6221 JOHN 11, BROUJOS HUBERT X, GILROY BROUJOS 8 GILROY. p,c. ATrORNEYS AT U\W .S NOR.TIlIf^IJOVER. SnUtT CARLISLE, PENNSYLVANIA 1/013 111-243-4514 NON-TOLL FOR HARRI.\8URG AR[^: 711-166-Il:mO August 6, 1998 E, Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Cantalupi v Cantalupl Dear Bob: I am leaving on vacation on August 7<11 and I will not be back In the office until August 17<11. Can we get another week or ten days on the pre-trial memos due In tills case? Unless I hear from you to the contrary, I will assume there is no problem. Yours Sincerely, dch cc: Wayne F. Shade, Esquire John Cantalupi ',' ." '1" '.' '. " :~: h.r: ..'-, ,. .,i,C:" i~";~. \ l~'+I<L__.~ WAYNE F. SHADE Ar/lJRNEY AT I.A W l,\ WI.ST 1~)~trRET STREET l'ARI.ISIJ,I'FNNSYl.VANIA 170U ( 7171 24)-l)2Z0 181HI) 24.1-l)220 "A" (717)249.0017 June 19, 1998 E. Robert Elicker. II, Esquire Office of the Di;1oree Master 9 North Hanover Street Carlisle, Pennsylyania 17013 Re: Canlalupi Y. Cantalupi No. 97-374 Ciyil Dear Mr. Elicker: You may recall your letter of June 16, 1998, with respect to the above and which established a deadline of July 17, 1998, for the tiling of pre-trial statements. Although it seems as though I am always trayeling, the fact is that I haye not had a real yacation in more than two years. I will be on yaeation from June 22 through July 17. Of course, when I return from yacation, 1 will haye the usual sole practitioner inundation with correspondence and telephone messages. It will take some significant ellort to properly prepare a pre-trial statement in this case. If we could have an extension to tile our pre-trial statement until August 14, 1998, it would be very much appreciated. We do not belieye that Attorney Gilroy will object to this request. However, in an effort to ayoid problems with his client lor his agreeing, we are proYiding him with a copy of this letter with the request that his client agree to this request. Very truly yours, ?G/~ Wayne F. Shade WFS/cjt cc: Hubert X. Gilroy, Esquire