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HomeMy WebLinkAbout02-6003IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA DONALD M. DELPOPOLO, PLAINTIFF, V. DIANE L. DELPOPOLO, DEFENDANT, Civil Action---Divorce Docket No. evrw, NOTICE TO DEFEND AND CLAIM OF 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. 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, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA DONALD M. DELPOPOLO, PLAINTIFF, Civil Action---Divorce Docket No. V. DIANE L. DELPOPOLO, DEFENDANT, AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades a otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Attgi'ney for Plaintiff 20 `South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA DONALD M. DELPOPOLO, PLAINTIFF, Civil Action---Divorce Docket No. V. DIANE L. DELPOPOLO, DEFENDANT, COMPLAINT UNDER SECTION 3301(0) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Donald M. DelPopolo, an adult individual, sui juris an who currently resides at 6320 Forrest Drive, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Diane L. DelPopolo, an adult individual, sui juris, who currently resides at 907 Summit Avenue, Apartment 1-L, Jersey City, NJ 07307. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 14`h day of September, of 1984, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since June 23, 2002. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do not have any biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. iXEGO Y S. HA ,LE TT, ESQUIRE //O Y & COi?J^°gXYR/. r IyAW VI V9u ,,. HakWff;X'squire Att ey for Plaintiff 20 "South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unswom falsification to authorities. Plaintiff Date: 2 - - (1O2 -o SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF DONALD M. DELPOPOLO AND DIANE L. DELPOPOLO THIS AGREEMENT, made this day of r 1 , 2003, by and between Donald M. DelPopolo, hereinafter referred to as" Husband, and Diane L. DelPopolo hereinafter referred to as " Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on 141'day of September 1984 in the County of Cumberland, Commonwealth of Pennsylvania and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and, and are desirous, therefore, of entering into an agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised, have come to the following agreement. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: 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. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other as fully as if he or she was single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 2V 2002„ she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims and 1 demands made against him by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about June 23`d 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims and demands made against her by reasons of debts or obligations incurred by him. (A) OUTSTANDING MARITAL DEBTS: It is represented as between the parties that there are currently joint marital debts incurred during the marriage which Husband shall remain responsible to pay the entire balance of such marital debts up to the date of the parties separation on or about June 23'd, 2002 and shall hold Wife harmless and indemnify Wife in the event Husband fails to pay the outstanding marital debts consisting of a Personal Signature loan held with member's first Federal Credit Union in the amount of $9,645.31, Members First Visa, in the amount of $4,884.52 and Members First loan #34 in the amount of $2,646.51 which were incurred during the marriage. 5. LEGAL REPRESENTATION It is hereby acknowledged and understood as between the parties to this agreement that Husband is represented by Gregory S. Hazlett, Esquire and Wife has a right to retain an attorney of her choosing to explain her legal rights and responsibilities. Each party has reached this agreement without any duress, coercion, or undue influence and has accordingly entered this agreement voluntarily and knowingly. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to any and all legal or equitable claims not otherwise provided for or allowed within this agreement, inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980, as amended. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Section 202 of the Divorce Code. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties' including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each 2 party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY The parties hereto have divided equally all personal items consisting of, but not by way of limitation, the household furnishings, appliances, and other household personal property of whatever type, description, and form, between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph . Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest is such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which they have divided equally pursuant to this agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real of personal, whether such property was acquired before, during or after the marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. REAL PROPERTY: Husband agrees to pay to Wife one-half of his share of the net proceeds from the sale or the refinancing of his mother's home which he and his brother and sister inherited, after all expenses listed within paragraph 4 (a) of this agreement have been paid and after all beneficiaries entitled to inherit their proportionate share have been paid in full. Husband shall decide at what point in time he will sell or refinance the home pursuant to the terms and conditions of the inheritance as outlined within his deceased mother's Last Will and Testament which requires Husband to either refinance or sell the home by April 30', of 2007. Wife's one-half share of husband's portion of the estate shall be determined by the market value of the home at the date of the parties separation which is June 23`d 2002. Further, in the event husband predeceases Wife prior to his receiving his proportionate share of the inheritance through refinancing or the sale of the home, Wife shall be entitled to collect husband's proportionate share of his inheritance from husband's estate and this agreement shall require husband's executor to comply with the distribution to Wife of her fifty percent (50%) share of husband's proportionate share of his inheritance from his deceased mother. 3 MY COMMISSION EXPIRES DEC. 11, 2007 9 9. PAYMENT OF MARITAL DEBTS It is hereby agreed that Husband shall pay one hundred percent 100% of all outstanding marital debt existing up to the date of separation which is June 23rd 2002. Husband shall Hold Wife Harmless and Indemnify Wife in the event he fails to pay all outstanding marital debts as they become due. 10. POST-SEPARATION OBLIGATIONS The parties agree and acknowledge that any and all obligations incurred by either party subsequent to June 23rd 2002, the date of separation shall be the sole and separate liability and responsibility of the party incurring the obligation. Each party agrees that he or she will not attempt to, and/or incur any liability financial or otherwise, to which the other party may become liable in any capacity direct or indirect. To the extent that such party incurs a liability to which the other party may become liable, the party incurring such obligation shall indemnify and hold harmless the other parry from any and all liability arising from such post-separation and/or future obligations. 11. MOTOR VEHICLES Husband and Wife shall each maintain legal and equitable ownership interest of their respective motor vehicles and each shall pay any and all expenses related to his possession and ownership of their vehicles. 12. SUPPORT Each party forever releases, relinquishes, and forfeits any and all claims against the other for Spousal Support, Alimony Pendente Lite, Alimony, Costs and Expenses and any and all other claims of support of any kind. 13. PENSION PLAN: Husband agrees to pay to Wife one-half of the value of his pension existing on June 23rd 2002 the date of separation to Wife which is currently held with New Cumberland Army Depot. 14. COUNSEL FEES AND EXPENSES: Husband and Wife Acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provisions for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 4 . ? r 15. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, intestate share, right to take against the will of the other, and right to act as administrator or executor of the others estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. SUBSEQUENT DIVORCE / ATTORNEYS FEES This Agreement shall be incorporated into but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek other such remedies or relief as may be available to him or her, and the party breaching this Agreement should be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in Equity, or in Law and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties to not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of Equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each parry further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in consequence of any default or breach by the other of any of the terms or provisions of this agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way 5 whatsoever; provided that the party seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect or enforce his or her rights under this Agreement. 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 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 completely reviewed by the parties, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them. 20 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the division and distribution 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 the 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 equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) 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 any provision of this Agreement. 21.. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other party of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 6 22. MODIFICATION AND WAIVER: A modification and 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 of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect as well as any verbal agreements or representations occurring prior to the effective date of this instrument. 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. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any terms, conditions, 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. 2002 INCOME TAX RETURN The parties agree to file joint income tax returns for the tax year 2002. Wife has received $508.00 dollars 7 which represents her one-half share of the tax refund less the expense of preparation. Husband shall retain the entire $1,098.00 dollar tax refund which reflects the balance of his one-half share. 30. DISTRIBUTION OF PROCEEDS OF CEMETARY LOT The parties agree that they will place the cemetery lot, for sale and equally dividing the proceeds from such sale in the amount of fifty percent to each party. 8 . . IN WITNESS WHEREOF, the parties hereto have set their hand and seals the day and year first above written intending to be legally bound. 4N74/1?0' ). /&/") ?O Donald elPopolo Commonwealth of Pennsylvania County of Cumberland On this, the )4 ,day of A.D. 2003, before me a Notary Public appeared Donald M. Delpopolo, 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. Seal +A a. ' Title of Officer a THERESA DANTE NOTARY PUBLIC OF NEW JERSEY ID # 2294755 MY COMMISSION EXPIRES DEC. 11, 2007 State of New Jersey Countv of ?4V d S d IJ On this, the day A,0dZj-) - A.D.2003, before me a Notary Public Diane L. Delpopolo, . 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 hereunto set my hand and official seal. Seal N a Y-ae.? j Title o icer THERESA DANTE NOTARY PUBLIC OF NEW JERSEY Tbp ID # 2294755 P MY COMMISSION EXPIRES DEC. 11, 2007 9 IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. c.? r' r. 1 v _TJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA DONALD M. DELPOPOLO, Civil Action---Divorce PLAINTIFF, Docket No: 02-6003 VS. DIANE L. DELPOPOLO, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please 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 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 18th day of December, 2002 served by Acceptance of Service dated December 27th, 2002. (Attached hereto) 3 The plaintiff, signed his Affidavit of Consent and Waiver of Notice of Entry of a Divorce Decree on the 25th day of April 2003 which is attached hereto. 4. The plaintiff served his affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 21ST day of April 2003 and the same was signed the 25th day of April 2003. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled by way of a Marital Settlement Agreement which was executed on the 14th day of April, 2003. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 25th day of April 2003 pursuant to Rule 1920.72 a copy of which is attached hereto Date: W') 7 /6),3 GREGORY S. Att6rn for PIa ii Mf?/ 20 So h Market Street Me anicsburg, PA. 17055 717-790- 5?S'Cp Atty. I.D. 69528 Ct) .' aD + + ++ +++ + + + + ++++++ ++ ++ +++++++++++ +++++ ++ +++ + + + + 11411 + IN THE COURT OF COMMON PLEAS + OF CUMBERLAND COUNTY + + irik t t Art t + + STATE OF l PENNA. + t DONALD M. DELPOPOLO N. - + + 02-6003 + + + PLAINTIFF No. + VERSUS + DIANE L. DELPOPOLO + + DEFENDANT + DECREE IN + + + t t + t + DIVORCE + + • t + t + 2003 + AND NOW, IT IS ORDERED AND + + + + DONALD M. DELPOPOLO, + + DECREED THAT PLAINTIFF, + + t + DIANE L. DELPOPOLO + + AND DEFENDANT, + + t + t + t t ARE DIVORCED FROM THE BONDS OF MATRIMONY. + + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + t BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + t YET BEEN ENTERED; + The Marital Settlement Agreement executed on the 14th day of April 2003 shall be + + + Incorporated into the Divorce Decree and shall not merge. + + + + t BY TH T + + t + t + t + t + t imp + ATTE T: * J. + + t + t + t + PROTHONOTARY t t., ,. ? ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD M. DELPOPOLO NO. 02-06003 Plaintiff vs. DIANNA L. DELPOPOLO DIVORCE ACTION Defendant : PETITION FOR SPECIAL RELIEF TO ENFORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT AND NOW, Petitioner, DIANNA L. DELPOPOLO, files this Petition for Special jeli to Enforce Separation and Property Settlement Agreement, and in support thereof, ave?rs as follows: 1. Petitioner is DIANNA L. DELPOPOLO (hereinafter "Petitioner"), Defendt, in the above-captioned divorce action. 2. Respondent is DONALD M. DELPOPOLO (hereinafter "Respondent"), in the above-captioned divorce action. 3. Petitioner and Respondent were husband and wife, having been married on September 14, 1984 and divorced as of May 14, 2003. 4. Respondent filed a Complaint in Divorce on December 18, 2002 andl has requested equitable distribution of marital property. 5. The parties to the matter thereafter executed a Separation and Property S Agreement of Donald M. DelPopolo and Dianna L. DelPopolo (hereinafter referred t? as "Agreement") dated April 14, 2003 and filed with this Honorable Court. See copy of Agreement attached hereto and incorporated herein by reference as "Exhibit A." 3 6. As part of the Agreement, Petitioner was to receive a portion of Respondent's pension with the New Cumberland Army Depot pursuant to Paragraph 13. 7. Following the execution of the Agreement and entry of the Divorce Respondent failed to undertake any steps to transfer one-half of his pension as required l y the Agreement. I 8. Despite repeated efforts by Petitioner to receive said pension monies from Respondent, Respondent failed to follow through on his obligation. 9. Specifically, Petitioner engaged Conrad Siegel Actuaries to prepare a QDR( and Respondent was required to simply provide his current address, Social Security Numbe? and dates of service with the New Cumberland Army Depot. 10. The Petitioner has previously attempted to resolve the matter through counse?, but Respondent has failed to cooperate. 11. Petitioner respectfully requests this Honorable Court enter an Order Respondent to comply with all obligations of the Agreement pursuant to Paragraph 13 within ten (10) days, including providing the information necessary to draft a QDRO and to execute a QDRO. 12. Petitioner also respectfully requests this Honorable Court order that must pay reasonable attorney fees in connection with enforcement of the Agreement pursua?t to Paragraph 14 of the Agreement. See Exhibit "A." The attorney fees to date exceed ? One Thousand Dollars ($1,000.00). 13. Respondent has offered no valid reason for failing to cooperate with the of Petitioner's share of the pension plan pursuant to Paragraph 13 of the Agreement. 4 WHEREFORE, Petitioner, DIANNA L. DELPOPOLO, respectfully requests this Honorable Court enter an Order directing Respondent, DONALD M. DELPOPOLO, cd with the terms of the Separation and Property Settlement Agreement of Donald M. De1P? and Dianna L. DelPopolo within ten (10) days or he shall suffer further sanctions and to that Respondent pay all reasonable attorney fees in connection with this Petition for S? Relief to Enforce Separation and Property Settlement Agreement. Respectfully submitted, c Nicholas Erm ov' h, c Nikolaus & Ho adel, Attorney for Petitioner Attorney I.D. No. 73573 2 North State Street Ephrata, PA 17522 (717) 721-7007 5 EXHIBIT "A" SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF DONALD M. DELPOPOLO AND DIANE L. DELPOPOLO TMS ,A,GREEI MN7, made this *'~} h day of l , 2003, by and between Donald M. De(Popolo, hereinafter referred to as" Husband. and Diane kn? D opob M hereinafter referred tc as " Wife" . - VVT174ESSETH: V4UUAS, Hu_shand and Wife were lawfully married on 1-'" =ay of Septe 19U-in County of Cumberland. L-zmmonwealth of Pennsylvania and -^ 1 WHEREAS. ee:.:-'n- differences have arisen between the parties a= a result of which ey, have separated and, and are d-irous, therefore. of entering into an agreement --,--hich will provide for support. distribute their marital pr- erty, and will provide for their mutual respcasibilities and rights gro ing out of the marriage relations;.: and WHEREAS. the ^ardes hereto, after being properly advise- nave come to the agreement. NOW, THEREFORE, in consideration of the above recitals and the following coven is and promises mutually made d mutually to be kept, the parties heretofore. xtnx ding to be legally bound and to legally bind their heirT successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful :.r each party at all times hereafter to live separ:,e and apart from the other at such place or places as he :!r she may from time to time choose or deem 2. INTERFERE;tiCZ: Each party shall be free from interference, authority and contact by :he other as fully as if or she was single and unmarried. except as may be necessary to carry out the provisions of this ,A eemem. Neither party shall molest to other nor attempt to endeavor to moist the other, nor compel the other to cohabit with the other, = in any way harass or malign the other, ner hx any way interfere with the peaceful existence, sepz--ne and apart from the other in all respects as if he or she were single and unmarried 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about June 23? 2002.. site has not, and in the f=re she will not, contract or incur any debt or liability for which Husbi?d or his estate might be responsi ie and shall indemn4 and save Husband harmless from any and all c s and 1 demands made against h= by reasons of debts or obligations incurred by her subsequent to the entry of the divorce decree. 4. IIUSBAND'5 DEB'T'S: Husband represents and +arrants to Wife that since their separation on or about June 23`" 20C1 , he has not, and in the future he '1-M not, contract or incur any debt or liability icr tihich Wife or here to might be responsible and shall indemnify and save Wife harmless from any an e all claims and dema ids made against her by reasons of rebts or obligations incurred by him. (A) OUTSTANDLNG NLARITAL DEBTS; It is represented as berleyen the parties that there are currently joint =ar :tal debts incurred daring the marriage which Husband :hall remain responsible to pay the entire balance of such marital debts up to the date of the patties separztion on or about June 23td, 2002 and shall hold Wife harmless and emnifv Wife in the event Husbc.?d fails to pay the outstanding marital debts ccus sting of a Personal' Signature loan held wirb member'_ `rst Federal Credit Union in the amount of S9.5115.31, Members Firs Visa, in the amount of 54,884.5_ znd Members First loan x`34 in the amount of 52.646.51 which were incurred during the marriage. 5. LEGAL REPRESENTATION It is herebv aclunowle,:- and understood as between the parties to -±i.is agreement that H sband is represented by Gregor S. Hazlett, Esquire and Wife has a right to re•m!n an attorney of her choosing to explain her legal rights and responsibilities. Each party has reached tl agreement without alt duress. coercion., or undue int zence and has accordingly entered this agreement oluntarily and knowi; gly. 6. NM-L 'UAL R.ELEAZE.. Subject to the provisio=- of this Agreement, each party waives his or *--:r right to any and all legal or equitable claims not othe-:?se provided for or allowed within this agree.:en- inasmuch as the parties hereto agree that this Agreernen::rovides for an equitable distribution of their mz :al property in accor ce with the Divorce Code of 19SC.:s amended. Subject to the provisions of this A --ment, each party has released and discharged. and by - Agreement docs for himself or herself, and his cr her heirs, legal repre ' tatives. executors, admirnistraror-- =d assigns, release and discharge the other of a'ad from all causes o action. claims, rights or demarc whatsoever in law or equity, which either of _e parties ever had or now has uses of against the other, except my or all cause or causes of action for divorcee -d except in any or all ;request action for breach of any =ovisions of this Agrcca=t. Each parry also waives his or her right marital counseling pursuit t0 Section 202 of the Divorce Code. 7. EQTATABLE I)XSTRIBLMON OF MAJr L PROPERTY: The parties have sued to distribute their marital property in a manner which confo to the criteria set forth in Sectim 401 of the Pennsylvania Divorce Code, and miring into account the !lowing considerations: the lend-1 of the marriage; the age, health, station, amount and sources of come, vocational skills, emplo}--bility, estate, liabilities and needs of each of the Dazties; the contribution of each parry to the education, mining or increased earning power of the other party; the opportunity of each parry for future acquisitions of capital assets and income; the sources of hlcome of both parties' ?cluding but not limited to medic. retirement, insurance or other benefits; the contribution or dissipation Of each 2 party in the acquisitions, xeservatiozn, depreciation or appreciation of tine marital property, ncluding the contribution of each spoase as a homemaker; the value of the proper set apart to each) party; the standard of living of the mrdes established during the marriage; and the wonnomic circumstances of each party at the time the divison of property is to become effective. The division of existing =arital property is not intended by the parties :,o constitute in any way a sale or exchange of assets, funds or other property not constituting marital prcperry. The division Of property under this Agreement s be in full satisfaction of all marital rights of tl:e parties. A. DiSTRI>BL71O` OF PERSONAL EROPERTY The parties here= have divided equally all personal items cc=ssisting of, but not y way of limitation, the household : irnishings, appliances, and other household pe-,scnal property of w11a ever type, description, and form. be?-een them, and they mutually agree that each par-;.v shall from and a r the date hereof be the sole and separate owner of all such tangible personal ^roperty presently in iis or her possession. Should it some necessary, the parties each agree to mm. upon request, titles or documents necessary to .-e effect to this paragraph , Husband and W*-'. :ball each be deem to be in the possession and co=i of his or her own individual pension or per employee benefi plans or retirement benefits of a r nature with the exception of Social Security benefits to which either arty may have vested or continise= right or interest at the time of the signing of `^'s Agreement, and Neither will make any claim against :?c other for any interest is such benefits. From and after the dare .f the signing of this Agreement, both parties -mall have complete eedom of disposition as to hislhe: rparatr property and any property which they ;rave divided equally pursuant to this agreement and =-.- mortgage, sell, grant, convey, or otherwise encumber or dispq of such property, whether real =: personal, whether such property was acqu:- = before, during o after the marriage, and neither H,:_--band nor Wife need joint in, consent to, or ac1--owledge any deed, rtgage, or other instrument of the c---.r pertaining to such disposition of property. 8. REAL PROPERTY: Husband agrees to F:._: to Wife one-half of his share of the net ^roceeds from the sale or the refinancing of his mcther's home which he and his brother znd sister inherited, Iafter all expenses listed within paragraph 4 (a) of this agreement have been paid and after all beneficiaries entitled 4, inherit their proportionate share have been paid in full. Husband shall decide at what point ?n time be will sell or refinance the home pursuant to the s and conditions of the inhe::rance as outlined within his deceased mother' s Last Will and T stamenxt which requires Husband to either refinance or sell the home-by April 30', of 2407.1 Wife's one-half share of husbsnd's portion of the estate shall be determined by the market vale of the home at the date of :he parties separation which is June 231 2,002. Further, in a event husband predeceases Wife prior to his receiving his proportionate share of the i eritance through refinancing cr the sale of the home, Wife shall be entitled to collect husband's proportionate share of his inheritance from husband's estate and this agreement shad` require husband's executor to .omply with the distribution to Wife of her. 5 ty percent (50%) Share of husband's proportionx-e share of his inheritance from his deceased mother. 3 9. PA . OF NLAJUTAL DEBTS It is hereby agreed tma Husband shall pay one hundred percent 1000i of all outstanding triaritai debt existing up to the date c: ;eparation which is June 231 2002. Husband shall Hold Wife Ha0ess and Indemnify Wife in the eve=r he fails to pay all outstanding marital debts as I-ey become due. 10, POST-SEPAR-010N OBLIGATIONS The parties agree and ack--owledge that any and all obligations incurred =iher parry subsequent to Ity June 23rd 2002, the date _-- -separation shall be the sole and separate liabiU-n and responsibility of the party incurring the obligation. a ch party agrees that he or she will not attempt :o_ and/or incur any liability financial or otherwise. Lc which the other party may become liable in any rapacity direct or indirect. To the extent that such pare tacurs a liability to which the other parry may be--,-me liable, the party incurring such obligation shall indc mify and hold harmless the other party from a=,. and all liability arisl g from such post-separation and. ,r future obligations. 11. MOTOR VEFUCLES Husband and Wife =gall each maintain legal and equitable ,wzxership interest of their respective motor vehic:es and each shall pay any and all espe=-es related to his I? ssession and ownership of then chicles. 12. SUPPORT Each party forever ruses, relinquishes, and forfeits any and all c.a.s against the other for Spousal Support, Alimony Pende= Lite, Alimony, Costs and ]expenses and any and all other claims of support of any kind. 13. PENSION PLAN: Husband agrees x pay to Wife one-half of the value of his pension exzlitng on June 23rd 2t 2 the date of separation to W;,= which is currently held with New Cumberland Army Depot. 14. COUNSEL FEES ND EXPENSES: - Husband and Wife Acizowledge and agree that the provisions of th:< Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to then. Both parties agree to accept tint provisions set forth in this Agreement in lieu :r and in full and final ! ttlement and satisfaction of all cl.-= and detnands that either may now or he:?zrer have against the Cher for alimony pendente lite, comsel fees or expenses or any other provisions :cr heir support and " ma?tenance before, during and aftez to commencement of any proceedings for divor..e or annulment een the parties. 4 15. WAIVERS OF CLAD S AGABYST ESTATES: Except as herein :=erwise provided, each party may dispose of bis or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have o hereafter acquire, under the preset' or future taws of any jurisdiction, to share in ±e property or estate o the other as a result of the manta; relationship, including without limitation, dower. curtesy, statutory allowance, widow's allowance, int mare share, right to take against the will of to other, and right to act as administrator or exec= of the others estate: Each will, at the .=uest of the other, execute, acknowledge and deliver my and all instruments which may be necessat•. or advisable to carry ?nto effect this mutual waiver and -I"- quishmenE of all such interests, rights and clams. 16. SUBSEQUENT DrVOR / A TORNEYS FEES This Agreement sbail x incorporated into but shall not merge into any such judgment or decree of final divorce, but shall be -:,-Lcorporated for the purposes of enforcement or y. 17. BREACH AND NTORCEWNT: If either party breaz?-,es any provision of this Agreement, the other -party shall Dave the riht, at his or her election. to sue :'T damages for such breach, or seep other such remedies or relief as may be available to him or her. and the pary breaching this Agreement should be responsible for payment of legal fees and costs incar-- by the other in enforcing his or her rights uzzaer this Agreement. A. It is expressi.- ?derstood and agreed by and between the pz.-'es hereto that this A reement may be specifically enre._ by either Husband or Wife in Equity, or in - w and the parties he to agree that if an action to enforz° tis Agreement is brought in Equity by either :?axty, the other parry ill make no objection on the aIle'_? ground of lads of jurisdiction of said Coun =n the ground that there is an adequate remedy at lair. :ae pardes to riot intend or purport hereby to properly confer jurisd ction on a Court in Equity by this A_reement, but they agree as provided herein `cr 'he forum of Equity mutual recognition of the prese= state of the law, and in recognition of the several jurisdiction of Courts in Equity over agreements swh as this one. E. Notwithstandiog anything to the contrary herein, Husband and Wife may also proceed) with an action at law for redress of his or her rights under the terms of this Agreement, and is such a ent it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the he g and disposition of such case and so as to avoid delay. C. Each Party &u--')e; hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or inch or become liable for,'In any way whatsoever, or shaD gray upon, or in consequence of any default or breach by the other of any; of the terms or provisions of the agreement by reason of which either party shall be obliged to retain or dagage counsel to initiate or tnaimin or defend proceedings against the other at law or equity or both in arty way 5 whatsoever; provided tha::he party seeks to recover such attorney's fees. and costs of litigation rust first be successful in whole or >s part, before there would be any liability for attorney's fees and cos of litigation. It is the speci& agreement and intent of the parties that a breaching or wrongdoing p shall bear the burden and obiizzdon of any and all costs and expenses and counsel fees incurred by himself or herself as well as the odb . party in endeavoring to protect or enforce his or her rights under this Agreement. 18. ADDITIONAL r4 STRLMNTS Each of the parde> shall from time to time, at the request of the ;.her, execute. acknow edge and deliver to the other parr: zny and all further instruments that may be reascnably required to give full force and effect to the provisic=- of this Agreement. I 19. VOL12aAR,Y E C[JTION• The provisions of xis Agreement and their legal effect have 'ae-^ completely reviewed by the parties, and each party a:: mowledges that the Agreement is fair and equimbie, that it is being en red into voluntarily, with full kmcwiedge of the assets of both parties, and that it = not the result of arty, duress or undue influence. The pages acknowledge that they have been furnisher with all information r lating to the financial affairs of the Aher which has been requested by each of them. 20 ENTIRE AGRE) MEET: This Agreement =mmins the entire understanding of the parries =vd there are no represe talons. warranties, covenants or •andertakings other than those expressly set fort herein. Husband and Wife acknowledge and agree _.az the provisions of this Agreement with respect to the division and distribution of marital and separate °roperty are fair, equitable and satisfactory to ±= based on the length of their marriage and outer relevz= factors which have been taken into considerw?cn by the parties. Bo parties hereby accept the provts:kotis of this Agreement with respect to the divison of property in lieu f and in full and foul settlement znd satisfaction of all claims and demands that fey may now have or ereafter have against the other fcr :quitable distribution of their property by anti• court of competent jut iction pursuant to Section 4011 r, of the Divorce Code or any other laws. Hu<aand and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered ce:ermination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any 'ghts to seek the relief of any cot,-, for the purpose of enforcing any provision of this Agreement. 21.. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has trade a full and c mplete disclosure to the other pain of aN assets of any nature whatsoever in which such party has an ink st, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. b whatsoever,, provided tha die party seeks to recover such attorney's fees. and costs of litigation must first be successful in whole or m part, before there would be any liability for ammey's fees and costsi of litigation. It is the speei:S: agreement and intent of the parties that a breaching or wrongdoing patty shall bear the burden and obli_=-on of any and all costs and expenses and counsel fees incurred by hi self or herself as well as the oth r party in endeavoring to protect or enforce his or her rights under this Agreement, 18. ADDITIONAL L`ScTRUMENTS: Each of the panic: mall from time to time. at the request of the ozter, execute, acknowledge and deliver to the other pam. =v and all further instruments that may be reaserably required to give full force and effect to the provisic- of this Agreement. 19. VOLLTNT.ARY EXECUTION: The provisions of „jS Agreement and their legal effect have be- completely reviews by the parties, and each party a6mowledges that the Agreement is fair and equitable, that it is being a red into voluntarily, with full knc -:edge of the assets of both parties, and that it `_ mot the result of any duress or undue influence. The Dr -es acknowledge that they have been furnishes Kith all information lacing to the financial affairs of the =then which has been requested by each of them- 20 ENT AGREDLENT: This Agreement c.-mains the entire understanding of the parties and there are no repre tations, warranties, covenants or -mdertakings other than those expressly set forth herein. Husband d Wife acknowledge and agree :tzr the provisions of this Agreement with respect :o the division and d s "butiozt of marital and separate _rcperty are fair, equitable and satisfactory to xe= based on the length of their marriage and other rele:-=t factors which have been taken into consideradcn by the parties. Bo parties hereby accept the provis czw of this Agreement with respect to the divisicn of property in lieu of and in full and fmai settlement =-d satisfaction of all claims and demands that tey may now have or ereafter have against the other --quitable distribution of their property by any =hurt of competent j iction pursuant to Section 401,-- of the Divorce Code or any other laws. Husband and Wife volun' 'y and intelligently waive and v nquish any right to seek a court ordered da-z.-mination and distribution of marital property, but ao-ft-tag herein contained shall constitute a waiver by either party of any rights to seek the relief of any co=. for the purpose of enforcing any provision of thii Agreement. I 21.. DISCLOSURE: Husband and Wife each reoreseat and warrant to the other that he or she has made a full and c nViete disclosure to the other pa-}- of all assets of any nature whatsoever in which such party has an into st, the sources and amount of tlx income of such party or every type whatsoever and of all other facts relating to the subject matter of this agreement. 6 22. MODIFICATION.V1-D WAIVER: A modification ar,' :waiver of any of the provisions of this Agreement shall be effective only if made in writing and ex-----red with the same formality as this ,Agreeme= The failure of eirheF parry to insist apon strict perfor--=ce of any of the provisions of this Agree=&--r shall not be construed as a waiver of any subsequer: -efault of the same or similar nature. 23. MOR AGREEMENT; It is understood a=..- :greed that any and all property settlement agr eats which may or ve been executed prior to the daz and time of this Agreement are hull and void izd of no effect as w 11 as any verbal agreements or re. -esentations occurring prior to the effective date : i his instrument. 24. DESCRE?Tj E HE3DINGS: The descriptive -'-=dings used herein are for convenience only. They shall have ?o effect whatsoever in deteradni te rights or obligations of the parties. 25. INDEPENDENT SU,ARATE COVENANTS: It is specifically derstood and agreed by and between the pa,=es hereto that each hereof shall be deemed _c be a separate and independent covenant and agre--ment. 26. ,APPLIC.A LE iW: This Agreement s;-^' be construed under the laws of the Commonwa- th of Pennsvlvania. 27. VOID CLAUSE : If any terms, concoms, clause or provision of this Agreement shz] be determined or d liarcd to be void or invalid in lair ,r otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement ani in all other respects this Agreement shall be : add and continue in fu 1 force, effect and operation. 28. AGREEMENT Br7)LYG ON HEZItS• This Agreement Lail be binding and shall inure to the benefit of the parties hereto 4d their respective heirs, execum.m administrators, successors and assigns. 29. 2002 INCOME TAX TURN The parties agree to file 'ti iax income tax returns for the tax year 2002. Wife has received $50$.01, dollars 7 which represents her or-a-half share of the tax refund less the expense of preparation, Hu9band shall retain the entire S 1.098. X, 4011ar tax refund which reflects the balance of is one-half share. 30• DISTRIBUTION OF PROCEEDS OF CEI ETARX LOT The parties agree th ::h,ey will place the cemetery lot, for sale and wally dividing the prooieeds from such sale in the amount : , r"ty percent to each party. S IN WITNESS WHEREOF. the parties hereto 1111%-e ser rheir hand and _;.Ws the day and year first above written iniendins to 'x c_-_v bound. Donald %-DtlPo0olc? CommocINNaalth of Pena-..[vailia County of Cumberlanc On :iris . ..-he day D 'V03. -:e a rVotarti• Public I appeared Donald M. ,Delpopo.- ;rtolvif to ;ne for aroren, rc e the person whose name is subsc'rryecl r a he 7SUINHe?tr. and ctt *krrn+t,lerlQed : nar lie e,•ec -.,-: x the same for th o purposes therein r-rintcurted. 1,N' IVITNTSS "HEREOF. I heretutto set nn• halal and orftc:_- .:eal, 6 UUJOL Seal t,arL? Title c:' _`:'icer TNERES' :ANTE Diane L. Delpopolo NOTARY PUBM C= NEW JERSEY 10 # 229=-55 MY CCMMISS;0N ?X= DEC. 11, 2007 State of 'Ne-w JerseyCounty of + ch? 1.D. 200S.:5erc ?_ ':e a Notar. Urt rnris. rite IL&I.V v, I Delpopuio,_ `nown x or strtisrac.orU.v vroven) to be lie person -.se name is wir/tin insrrtt???ent. ana _. •..iowledee rnur he execwed the suite for the i:.,,7oses therei, t N' WIT.`"E1 S W%FIEREOF,- 1 herewwo set am iiund and or ; :;:1 seal. Se Na •rR 2-7 T:tir cer i. rite THERESA DANTE NC-w.=Y PUBLIC OF NEW JeASEY r 10 9 2294755 ' ary. MY C^MMISSION EXPIRES DEC.111, 2007 9 VERIFICATION I, Nicholas Ermolovich, Esquire, verify that I am an attorney for the Petitioner, DIANNA L. DELPOPOLO, herein and that I have the permission of the Petitioner to sign this document on her behalf. I further verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to sworn falsifications to authorities. Dated: ? N '7' U ' 0 Nicholas Ermo ov' hl Nikolaus & Ho ad Attorney for Petition( Attorney I.D. #73573 2 North State Street Ephrata, PA 17522 (717) 721-7007 6 FILE' rz ?^?lr 1 i ?1TAiRY SEP 25 SEP 2 5 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DONALD M. DELPOPOLO NO. 02-06003 Plaintiff VS. DIANNA L. DELPOPOLO DIVORCE ACTION Defendant RULE AND NOW, this 304k day of 2009, upon consideration of the foregoing Petition for Special Relief to Enforce Separation and Property Settlement Agreement, it is hereby ORDERED AND DECREED that a Rule is issued upon the Respondent, DONALD M. DELPOPOLO, to show cause, if any he has, why the relief requested herein should not be granted. RULE RETURNABLE C Dearing s?IwH be held the day of , 2009 at o'clock a.m. in Courtroom , Cumberland County Courthouse, Carlisle, Pennsylvania. ATTEST: PC: cholas Ermolovich, Esquire (2) ,Et&egory S. Hazlett, Esquire (2) OF M OVARY 2M SEP 38 Ph 3'_ 3? CU- 4 t DONALD M. DELPOPOLO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANNA L. DELPOPOLO, DEFENDANT 02-6003 CIVIL TERM ORDER OF COURT B AND NOW, this ?/ l day of October, 2009, the hearing currently scheduled for October 29, 2009, is cancelled and rescheduled to commence at 11:00 a.m., Monday, January 4, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Co Edgar Nicholas Ermolovich, Esquire 2 North State Street Ephrata, PA 17522 For Dianna L. Delpopolo Gregory S. Hazlett, Esquire ?^- For Donald M. Delpopolo Court Administrator ty7 eylJ. sal FILED-OR CE OF THE PROTH0,10TARY 2009 OCT 29 AM 10: 14 s t 1114 ?ZD DONALD M. DELPOPOLO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANNA L. DELPOPOLO, DEFENDANT 02-6003 CIVIL TERM ORDER OF COURT AND NOW, this day of January, 2010, the heating currently scheduled for January 4, 2010, is cancelled and rescheduled to commence at 11:00 a.m., Monday, March 22, 2010, in Courtroom Number 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, 4be. 2Ma s I Aand:: ? J. Nicholas Ermolovich, Esquire 2 North State Street Ephrata, PA 17522 For Dianna L. Delpopolo Gregory S. Hazlett, Esquire For Donald M. Delpopolo :sal c o? k-e ? /l? l 6 RLEI s THE 2010 JAN -4 Pil 3' C.:. _ ,fu DONALD M. DELPOPOLO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DIANNA L. DELPOPOLO, DEFENDANT 02-6003 CIVIL TERM ORDER OF COURT AND NOW, this day of March, 2010, upon representation by 74 counsel for Dianna L. DelPopolo that he is withdrawing the petition for special relief to enforce separation and property settlement agreement, the hearing scheduled for March 22, 2010, IS CANCELLED. By the Court, Nicholas Ermolovich, Esquire 2 North State Street Ephrata, PA 17522 For Dianna L. DelPopolo ./Gregory S. Hazlett, Esquire For Donald M. DelPopolo :sal Inc-R-IL?C i 3?aa?ro Albert H. Masland, J. N ?.> V -Awe! FILED-OFF CE MAR 24 Li110 " 2010 KT- 2- 4 P11 5 0 Donald M. DelPopolo IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Dianna L. DelPopolo NO. CI-02-6003 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Donald M. DelPopolo ("Participant") is a Participant in the Plan. Dianna L. DelPopolo ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Donald M. DelPopolo 6320 Forest Drive Mechanicsburg, PA 17050 Social Security No.: 179-44-8618 Date of Birth: June 20, 1954 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are DRO Page 2 of 4 Dianna L. DelPopolo 150 Kline Road Denver, PA 17517 Social Security No.: 206-38-8791 Date of Birth: March 8, 1959 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Alternate Payee is entitled to a portion of the Participant's gross monthly annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to Alternate Payee an amount equal to $445.00 of the Participant's gross monthly annuity. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall be paid to her estate. 11. The Alternate Payee is awarded a preretirement survivor annuity of $245 if the Participant has an eligible subsequent spouse or the entire preretirement survivor annuity if the Participant does not have an eligible subsequent spouse. The Alternate Payee may elect a postretirement survivor annuity with the cost of such survivor annuity to be paid by the Alternate Payee. DRO Page 3 of 4 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. e-time irrevocable election to r fer into the 16. In the event the Participant ake V s N c oa7 0p ?v e his retireme t, then tolate Payee shall Federal Employees Retirement Syste e or be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. DROP Page 4 of 4 17. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Gam' Accepted and Ordered this t2? ` day of ?C?YC OIZj BY THE COURT Judge CONSENT TO ORDER: Plaintiff/P pant ate De endanAlternate Paye D to / ?S 3 t id Atto ey fo anti Date Attorney for tleeant/ a e P icipant Alternate Pa e Iles mac t?.GV 3??K f tv