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HomeMy WebLinkAbout97-03231 - . ~ ~ ~ ~ ~ (3 ~ "l ~ I ~ i F \ 't ~ ::t e- .. \ / I I i ;-.,. .. .";) .. ~ ~ .:+:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:t:. .:.:. .:t:. .:+:. .:.:- -:.:. .:.:. .:.:. .:.:. -:.:. .:.:. .:.:. :- .:.:.' '.:+:-: '.:.> .:.:. .:.:. .:.:. .:.:. .:.:. .:.:... '''; . ...-..------.-...-------...... ..........~ .......-......-.._-...........-.....----.............~-.........-....-.- ~..._--------'... . ~ ' ~ $ ~, , , ~I ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ STATE OF ~~~ PENNA. ~"~~J,'''r ~ .. !- ~I ~ ~ CAROL A. IlUATRARA, ~ ,"' #97-3231 I'tl, CIVILT~Rft) ~ PLAINTIFF ~. \'('1'.';11... JACOB A. IlUATRARA, $ $ DEFENDANT ~ ~I ~I .. ~ ','I ~I ~ DECREE IN ijj : U!'VORCE it <{.:.I y1C{.: AND NOW, ' ,Iv,v 0;' j.". , " ,,'jft ;1 ,,,,d...d ood Ii decreed that """"""." ,CAROL ,A~ ,IlUATRARA, ' " , '" ., '" "'. plaintiff, $ .. S ~ ~ ~.' and, , , , . " , , . , , , " " , , " .", JACOB, A... !lUATRARA, , , " """"", delendant. are divorced from the bonds 01 matrimony, ~ ',' ~ ~ The court retains jurisdiction 01 the lollowing claims which have been raised 01 record in this action lor which a linal order has not yet been entered; .""", "~. ~ ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ " ~ ~ ',' ~ ~ ~ ~I 7..... .............. "<-> .;,t:- .:+> .:+:. .:.;. .:.:- .:.;. .:.:. ~ ~ .~,~.~.~.*~..~..~..*.*~.,~..~.~.,~..*..~,~,~.~;..~..~ ~ '.. ~ s ., ~ $ $ .'~ ~ ~ ',' ~ ',' s $ s $ ~ I~ 8 $ $ .. ~ I~ ~ (0' I~ )' ,* i~ ',~ , ' " ~ ,~ J ~ , ~ ~ '. " , .-' , . , . PROPERTY BETTLEME'~ AGREEMENT ,,"" -, TIIIS AGREEMENT, dated the ~ day of ~une... , lil1l, by and between JACOB A, QUATRARA, residing at 20 Subdivision Rood, Newville, Cumberland County, Pennsylvania 17241, Social Security Number IBB-38-3733, hereinafter called the "Hulband", and CAROL A. QUATRARA, residing at 159 Harten Orive, P,O, Box 135, Dysart, Pennsylvania 16636, Social Security Number 198-40-7149, hereinafter called the "Wife", who agree as follows: WIT NEB BET H I WHEREAB, the parties are Husband and Wife, having been married on March 15, 1991, in Winchester, Virginia. The parties eeparated April 1B, 1997. There are no children of this marriags. WHEREAS, dlverse unhappy, and lrreconcilable differences, disputes, and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and ob}igations 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 of Husband by Wife/ in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the promises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and 1 ~ . " agree ae followSI 1. AGRE~MENT HOT A BAR TO DIVORC~ PROC~~DIHGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorcs on lawful grounds if such grounds now exist or shall hsreafter exist or to such defenve as may b~ 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 acte 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. The parties intend to secure A mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of 1980 as amended by Act No. 1990, 206 effective 3-19-91. 2. EFF~CT OF DECREE. NO MERGER' It is further apecifically underetood and agreed that the provieione of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final Battlement for all purposeD whatsoever. Should either of the parties obtain a decree, judgment, or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreemsnt hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce1 and that nothing in any such decree, judgment, order, or further modiflcation or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should 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 i. specifically agreed, however. that a copy of,this Agreement may be 2 ~ incorporated, by reference, into divorce judgment or decree. Thie incorporation, however, ehall not be regarded ae a merger, it being the intent of the partiee to permit thie Agreement to eurvive any such judgment, unless otherwise epecifically provided herein, and for thie Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement may be incorporated into any divorce dscree which may be entered with respect to them for the purposes of enforcement only of any provisions therein, but shall survive such Jecree. 3. DISTRIBUTION DATE The transfer of property, funds and/or doccments provided for herein shall take place simultaneously with the execution of this Agreement. 4. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Ruby D. Weeks, Esquire, for Wife, and Lori K. Serratelli, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 5. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to ~he execution of this 3 Agreement, and that the parties do not wish to exercise their right to have appraisals by sxpsrts as to the value of the various interests of the parties. The parties undsrstand that such appraisals would be necessary to fix the fair market value of these intereets for purposes of equitable distribution. 6. ORTAINING INFORMATION ON FINANCES Each party acknowled~es that they have been informed they may have the right, as provided by statute and Pennsylvania Rules of Civil Procedure, to obtain information regarding the parties' finances. such information would include, without limitation, their present and past income; and the identity and value of assets both presently owned and transferred previouely. Such information may be obtained by one or more of several methode including IV' depositions upon oral examination, written documents or entry upon property for inspection. further discovery. 7. FILING INVENTORIES AND APPRAISEMENT The parties further acknowledge their und"rstanding that they each have the right to file Inventories and Appraisement whlch require a party to indicate, under oath, information regarding all marital property in which either party has interrogatories, production of The parties agree to waive any an intereet as of the date the action was commenced. Fully knowing the same, each party nonetheless waivee their respective rights to request additional diecovery be conducted, to file Inventories and Appraisement with the Court, o~ to require the other party to do so. S . TAl REFORM ACT The parties acknowledge that the Tax Reform Acts of 1984 and 1986, and all amendments thereto, created dramatic changes in the tax law as it affects the dissolution of marriages, including but not limited to the tax consequences of eupport paymente and all taxes associated with the divi~ion of property. Ruby 4 D. Weeka, attorney for the Plaintiff, doee not hold hereelf out as being an expert in tax related matters and, therefore, has recommended that the parties obtain competent tax advice from an independent source. By execution hereof, the partiee have acknowledged such recommendation and, if they so desire, have sought and obtained advice with regard to mattors of concern to them, as contemplated herein. g. PERSONAL RIGHTS Wife and Huaband may and ahall, at all times hereafter, live aeparate and apart. They shall be free from any control, restraint, interference or \~ authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may BBem advisable. However, each party shall make best efforts to maintain employment with comparable benefits and salary as they now hold or for which they are in training. 10. MUTUAL R!':LEASES. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and 011 rights, title 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 such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow'e or widower's rights, fami~y exemption or similar 5 " ' If" allowance, or under the intBstatB 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 other rights of a surviving SPOUSB to participate in a deceased spouse's estate, whsther ariBlng under the laws of (a) Pennaylvanis, (b) any State, Commonwealth or terrltory of the United StateB, or (C) any other country, or any rights which either party may have or at any time hereafter have for past, present or future aupport or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, 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 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 rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 11. EOUITABLE DISTRIBUTION or PROPERTY: It is specifically understood and agreed that this Agresment constitutes an equitable distribution of property, both real and personal, which was legally and beneflcislly acquired by Husband and Wife or either of them during the marriage, as contemplated by The Act of April 2, 1980 (P.L. 63, No. 26) known as The Divorce Code, 23 P.S. 3101 et. Seq. Of the Commonwealth of Pennsylvania. And further, that the parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in 3502 of the Pennsylvania Divorce Code, and taking into accou~t the following considerations. the length of the marriage, the prior marriages c,f the par~iesl the age, health, 6 station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of one party to the education, training, or increased earning power of the other party, the opportunity of each party for future acquisition 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 party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties estsblished during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 12. Real Property: The parties recognize that they own as tenants by the entirety real property known as 20 Subdivision Road, Newville, Cumberland County, Pennsylvanla 17241. For the mutual promises and covenants contained in this Agreement, Wife agrees to convey to Husband all right, title, claim, or interest she may have by equitable distribution or otherwise in and to this property. This conveyance shall take place within thirty (30) da1s of the date of this Agreement. It is If' reocgnized that this conveyance is subject to an existing first mortgage naming the Farmer's National Bank as mortgagee, as well as a home equity loan with Household Finance Corporation and have an approximate balance of $20,000. The payments of both the first mortgage and the home equity loan will be assumed by the Husband, who shall indemnify Wife for any loss of any kind whatsoever, including actual counsel fees, that she might suffer as a result of Husband's default upon this mortgage and home equity loan. 7 13. DISTRIBUTION or PERSONAL PROPERTY I The parties agree that all items of personal property presently in the possession of each of the parties have been amicably divided between them as they were able to do so. Each party thereby grants, bargains, sells, and conveys unto the other all of their rights, title and interest in such property which shall be divided. 14. 0XIlERAL I (1) Husband hereby waives all interest in Wife's property includin9 but limited to all accounta, certificates of depoait and securities. (2) Wife he<eby waives all interest in Husband's property includin9 but not limited to all accounts, certificates of deposit and securities. 15. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the partiee, they agree and acknowledge as follows: (al the 1998 Ford Ranger, acquired after separation and titled solely in husb.nd's name shall be and remain his sole and exclusive property. Husband acknowledgea that any liability relating to the vehicle is hie sole obli9ation and held only in his name. If' (8) the 1993 Ford Escort, acquired during the marriage, but recently refinanced in Wife's sole name shall be and remain her sole and exclusive property. Wife acknowledges that any liability relating to the vehicle is her sole obligation and held only in her name. 16. Boatal 8 " Husband and Wifs agree that thsy are the owners, in joint name, of a motor boat which shall be convsyed solely to Hueband. Wife agreee that within thirty (30) days from the date of thie Agreement, ehe ehall execute the Certificate of Title to the aforesaid motor boat and thereby transfer all of Wife'. right, titl. and intsrest in the aforesaid boat unto Hueband. Wife also conveye any right, title and interest which she has in the outboard motor and trolling motor unto Husband. 17. AFTER-ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, indspendently of any claim or right of ths other, all items of personal property, tangible and intangible, subsequently acquired by the other party. lO.MARITAL DEBTS Husband and Wife agree that the debts incurred by Hueband and Wife during the marriage to various charge 'accounte and other outstanding loans shall be assumed by Husband for the existing balance at the time of separation, and Husband agrees to indemnify and hold Wife harmless of eame, except ae further eet ~ forth in this agreement. These debts for which Husband shall be eolely responeible are the joint HasterCard with a balance of approximately $2,800.00; and the Montgomery Ward credit card with a balance of approximately $2,300.00. The Wife will assume the debt for credit cards in Wife's eole name, including Visa with a balence of .pproximately $2,500.00; and the JC Penney credit card. 19 FUTURE DEBTS Husband and Wife hereby mutually agree that subsequent to the execution of this Agreement neither party shall incur any debts which will obligate the other to make payment for S4mB. Husband and Wife hereby acknowledge that there are no outetanding bills or othsr indebtedness which have been incurred by sither for the liability of the other, and both parties hereby coyenant and agree that 9 I" neither shall have any financial obligation to pay any financial obligations which are .olely the financial obligation of the other and which have been contract.d by either party solely for their own benefit and without the knowledge or con.ent of the other party. Husband and Wife further agree that they will indemnify the other from any end all claime or dem.nde made againet the other by reaeon of any debts or obligetione contracted in violation of this Agreement. 20. WARRANTY AS TO EIISTING OBLIGATIONS Each psrty represente that they have not heretofore incurred or contracted for any dsbt or liability or obligation for which the eetate of the other party may be responsible or liable except aa may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harnlleOB from and against any and all such debts, liabilities or obligations of eve.'y kind which may have heretofore bsen incurred by them, including those for necessities, except for the obligations arising out of thie Agreement. 21. INCOME TAl RETURN The parties have heretofore filed joint federal, state and local income tax rsturne. The 1996 tax refund in the amount of $1,079.00 has been equally divided between the parties. 22. RETIREMENT P1IHDS A. The Husband, who hae been employed by ABF, has accumulated benefits in his Teamster's Pension account and 40lK accounts. It is agreed by the parties that the Wife ohall waive any intereat she may have in any of the benefits, including retirement, which the Husband may have as a result of hie employment. B. Wife has no employee benefits. 23. DIVORCE Husband and Wife agree that Wife has filed a Complaint in divorce seeking a divorce on the basie of mutual consent. Husband and Wife both agree that 10 ninety (90) days following the filing of a Divorce Compleint by Wife that both i f ! I I . : parties will exscute the required Affidavits of Consent to be filed with the Court to allow the Court to grant a divorce on ths basis of mutual consent. Each party shall pay their own counsel fees, costs, and expenses incident to obtaining the aforesaid divorce. The parties hereto state end agree that thiD Agreement shall not in any way be construed as a collusive agreement. 24. ATTORNEY. FEES. COSTS' EIPENSES The partieD agree to waive receipt of and to be responsible for their own attorney fees, costs and expenses in connection with the negotiation and preparation of thiD Agreement and the granting of a divorce decree. 25. WAIVER OF SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. AND ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themDelves Dufficient financial reDources to provide for their comfort, malntsnance and support, in the station of life in which they are I'" accustomed. Wife and Husband do hereby waive, release nnd give up any rights they may reDpectively have againDt the other for alimony, alimony pendente lite, support or maintenance. It Dhall be from the date of this Agreement the sole responDibility of each of the respective parties to sustain themselves without seeking any support from the other party. 26. BREACH or AGREEMENT If either party fails in the due performance of obligations under this Agreement et their election, the non-breaching party shall have the right to Due for damagss for breach of this Agreement or to rescind Dame and Deek such legal rsmsdies as may be available to them. The breaching party will be responsible for actual legal fees and COStD incurred by the non-breac~ing party necessary to 11 I" the enforcement of this Agreement. 27. LAK 0" PENNSYLVANIA APPLICABLI!: This Agreement shall bs construed in accordance with the laws of ths Commonwealth of Pennsylvania which are in effect as of ths date of sxecution of this Agreement. 29. AOR~F.MF.NT RINDINO ON Hr.IRS This Agreement shall bs binding shall inure to the benefit of the partiss hereto and their respective heirs, executor8, administrators, lucceeBore and as olgns. 29. SEVERABILITY If any term, condition, clauee or proviolon of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clauss 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 opsration. Likewise, the failure of any party to mest her or his obligations under anyone or more of the paragraphe herein, with the exception of the satiefaction of the conditions precedent, ehall in no way evoid or alter the remaining obligations of the partiee. 30. INTEGRATION This Agreement constitutes the entire understanding of the parties and euperssdes any and all agreements and negotiations between them. There are no repressntations or warranties other than those expressly set forth hsrein. 31. NO KAIVER or DEFAULT This Agreement ehall remain in full force and effect unless and until terminated under and pureuant to the terme of this Agree,nent. The failure of either party to insist upon strict performance of any of ~he provisions of thi. 12 , ,0 ~ A9reement shall in no way affect the right of luch party hereafter to enforce ths same, nor Ihall the waiver of any breach of any I'roviDion horeof be cone trued el a waiver of any lubsequent default of the sarno or Dimllar nature, nor shall it b. construod .. e waiver of strict performancl of any other obligation herein. 32. WAIVER OR NOTIFICATION TO B~ IN ~RITING No modification or waivsr of any of tho torms hereof shall be valid unlell in writin9 and signed by both partieo end no waiver of eny breach hereof or defa~lt hsrsundsr shall be deemed a waiver of any oubsequent default of the BBms or similar nature. 33. SUBS~OU~HT DIVORC~ Wife has filed a Complaint in Divorce againot Husband. Husband and Wife each a9ree to sign an Affidavit of Coneent and a Affidavit waiving counoeling to be filed in said divorce action. In the event ouch divorce action 10 concluded, HUlband ehall be entitled to receive a copy of the Decree in Divorce for the normal fee charged by the Prothonotary and ohail not be aeeeeeed any coet of the proceeding, except as previouoly agreed to herein in Paragraph 24, Page 11. In the event such divorce action 10 concluded, the partiee ehall be bound by all the terms of thie Agreement, which ehell not be merged in such Decree, but shall in all respects survive the same and be forever binding and conclusive upon the parties. 34. Ml/TUAL COOPERATION Each party ohall, at any time and from till'<! to time hereafter, take any and all eteps and execute, acknowledge and deliver to the other party any and all further inltrumentl and/or documents th.t the other party may reasonably require for the purpoee of giving full force and effect to the prov1oions of this Agreement. 35. AGREEMENT BIHDINO ON HEI~ i3 This Agreement ehall bs binding and shall inure to the benefits of ths parties hersto and their reupoctivs heirs, executors, adminietrators, succeSlorl and auigns. 36. H~ADIHGS HOT PART or AOR.!:EIIl!II1: Any hsadingl preceding the tlxt of the several paragraphl and subparagraphs hereof Ire lnl.rted lolely for convanlonce of reference and ehall not conltitute a part of this Agreement nor shall they affect its meaning, conltructlon or effect. IN lIITNESS lIIIER.!:or, the partiu hereto have set their handl and ualB the day and year Hut above written. ~ ;/'. 1'7,--J Witnesa rotMQ C1.~0J\~ CAROL A. QUATRlIRlI ,,~.~ , ~~~\i"'= COB A. QUATRlIRlI 14 . , . . . COIOlONW!ALTB or PENNSYLVANIA II COUNTY Or-1:"lllolllUlll\)" b IWP H,.J On this, the liJ"- day of 9L~ , 19JL, before me, a Notary Public, the undersigned Officer, personally appeared JACOB A. QUATRlIRlI, known to me to be the person whose name is subocribed to the within Property Settlement Agrsemsnt, and acknowledged that he sxecuted the sarno for ths purposes therein contained. Nolarial Seal Dobra A, Evangellsli, Nolary Public Susque~anna Twp" Dauphin County Ml Commission e'plras May 7, 2000 ~,.(=-~M~t~ Notary Public U COIOlONW!ALTB or PENNSYLVANIA II COUNTY or CUMBERLAND On thio, the / 'i day of Ju-~ 19:11, before me, a Notary Public, the undereigned Officer, peroonally .ppeared CAROL A. QUATRlIRlI, known to I'" me to be tho person whooe name io oubocribed to the within Property Settlement Agreement, and acknowledged that she executed the oame for the purposee therein contained. t:J-.w...JJj Not.ry Public ;;: ~y_J . NOTAnlAl SEAl. \lR~NDA L r flAZEft NoleIy PWIIo Moonl\ ~I.h County, PL My Com",I.""n Ei<pIr.. Apt S, 2000 Rnl,.d 1/20/91 CAROL A. QUATRlIRlI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLlIND COUNTY, PENNSYLVlINIA v. CIVIL ACTION -- LAW IN DIVORCE JACOB A. QUATRlIRlI, Defendant 97-3231 CIVIL TERH PRAECIPE TO TRANSMIT RECORD To the Prothonotary. Transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce: irretrievable breakdown under Section (33Dl (c) 2. Date and manner of service of the complaint:CERTIFIEO MAIL. RETURN RECEIPT, P 492 349 652 ON JUNE 17, 1997, SERVICE WAS ACCEPTED JUNE 19. 1997. 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by the plaintiff June 19, 1998 I by the defendant June 10, 1998 (b) (1) Oate of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 330l(d) (a) (i) of the Divorce Code. '",,' ~._) L/ 1,,-~.-l..--' Attorney f r the Plaintiff & Jci, il ~ .- (~ I~:: .. , .-. . < . ..' . Cl r. , t. ('.~ .J Li- ,- :- - '.;- I , L " (j "' .'" , .~ 1 ~ ~ ~ 01 .::) 0; ~ '-..J "" ::., t<'I V) '" " '" \I) ~ (I Ci) " .") ~t\ (l.. ...... o~ ""l cl, ;~ III f:!~~ Pl"~ J i i s ~ O~M ;~I ., ...... .. .. ~fn~~ ~m..:l :3 .. :3 i f;"'7 o '6 j u~~ e .~~ 0 d . 0 H-c:;l ~ > ~ ="N .. ~ "r<)u .. 00 ooC ooC f4 ..,!. i!l::' ... ~ T ..:l Po III " ," ~... a 0 "r:.,.... Ir. u ~ ..0.... u tl 0 ~...8 u ~ ::< .... 0 ,., r- -.J 0 - , .. , , .. , - c-J ..: '~'1 -., '.~, 1, "-.; :-J , ;(S -" "I' -n "i:U ';, ) -- ( )IT") .. :-'1 .:.:1 "; ~ -" ,J:- -< CAROL A. QUATRARA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAIlD COIlll'rY, PEHNSYLVlINIA v. CIVIL ACTION - LAW IN DIVORCE q'7' ~:.l31 I CIVIL TERM JACOB A. QUATRARA, Defendsnt 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 tail 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage couneelors ie available in the office of the Prothonotary at the Cumberland County Court House, 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 HAY LOSE THE RIGHT TO CLAIM ANY or THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. Ir 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 rloor One Courthouse Square Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone. (717) 240-6200 . CAROL A. QUATRARA, PlBiDtiff IN THE COURT 0.. COIOlON PLEAS 0.. CUNBI!RLAND COUNTY, PENNSYLVANIA Y. CIVIL ACTION - LAW IN DIVORCE I q1-_~.I3' CIVIL TERN JACOB A. QUATRARA, Dehndsnt A....IDAVIT 0.. MARRIAGE COUNSELING I, CAROL QUATRlIRlI, being duly Bworn according to law, depoBe and eay. 1. I have been advieed of the availability of marriage counseling and underetand that I may requeBt that the Court require that my BpouBe and I participate in counBeling. 2. I understand that the Court maintainB a liBt of marriage counBelore in the Prothonotary's Office, which liBt is available to me upon requeBt. 3. Being BO adviBed, I do not requeBt that the Court require that my Bpouse and I participate in counBeling prior to a divorce decree being handed down by the Court. I understand that false Btatements herein are made Bubject to the penaltieB of IB Pa. C.S. 54904 relating to unBworn falBification to authorities. Dated. ~:I(a~, /917 ,~~ 1(~ CAROL QUATRARA, Plaintiff Sworn and Bubscribed to before me this "?C'T'f.. of '7?/'~ No~~AU~ day , 19f7.. NOTARY PUBLIC for t~. SIal. 01 Montana Residi:lg ::1 Ild~'~,l. folontJna ,...,v"J Mx tomm!$slon !:><pIres March 2:J,,;'tIVV CAROL A. QUATIlAIlA, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . CIVIL ACTION - LAW I IN DIVORCE JACOB A. QUATIlAIlA , . Defendant I NO.q? - 3;l..J I CIVIL 1997 COMPLAINT IN DIVORCE TO TBE HOHOIlAllLE, THE JUDGES or SAID COURT. AND NOW COMeS, CAROL A. QUATRlIRlI, Plaintiff, by her attorney, Ruby D. Weeks, Esquire, who avers as follows: COUNT I - IRRETRIEVABLE BR!':AKDOWH 3301 fe' of the Divorce Code 1. Plaintiff, an adult sui juris, is CAROL QUATRlIRlI, a U. S. citizen, who resided at 20 Subdivision Road, Newville, Cumberland County, Pennsylvania 17241, since 1992, and currently has moved to 3853 Edelweiss Street, East Helsna, Montana. 2. Defendant, an adult sui juris, is JACOB A. QUATRlIRlI, a U. S. citizen, who currently resides at 20 Subdivision Road, Newville, Cumberland County, Pennsylvania 17241, since 1992. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 15, 1991 at Winchester, Frederick County, Virginia. 5. There have been no prior actions of divorce or annulment between the partiss in this or any other jurisdiction. 6. Nsithsr party is a member of the Armed Forces of the United States. CAROL A. llUATRARA, . IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VS. I CIVIL ACTION - LAW I IN DIVORCE JACOB A. llUATRARA, . Defendant . #97-3231 CIVIL TERM 'l'o .-8 ,. :1 eCompletelt;",. 1 amVor 2 fOf additionalHMctiI. -Completlltema 3, .... and 4b. . Print your name and ecklresl on the revers, ot this tonnao that we can return thl, card 10 you. -Attach this fonn to the front 01 the mailpiect. or on the back If 'Pace doea not permit. D -Wrile"R.,um RBCtfi~ Rsque.ted"oo the mailpiece below the Miele number. = -The Aelum Receipt win Ihowto whom the artlde WI' delivered andth,dal. e delivered. o il 3, ArtIcle Addressed to: li I HR. JACOB A. QUATRARl\ 20 SUBDIVISION ROAD NEWVILLE, PA 1724l I 0110 wish to receive tho following services (for on extre fee): 1, 0 Addressee's Addre.. 2. 0 Restricted Delivery Consult postmoster for fee, 40, Article Number P 492 ::49 652 4b, Service Type o Reglslered [lI Cerllfled o Expre.. Mall 0 Insured [lI Relum Rocoiptlor Mon:handso 0 COD 7.oeteofC~iq .0); 8, Addressee's Address (Only /I requested and feels paid) '. .II. ~: ti.. l' a:' E' ii' G' a: .. c' . " 15' - " 0, .. """ c ~ CERTIFIED HAIL RETURN RECEIPI 5, Received 8y: (Print Nams) ~ " o .. .!! PS Fonn 3811, December 1894 Domestic Return Receipt 0; (':l \n ~ ~ . > 'iij ~ I'('() . '" 'tl :E . ... '" .U) --... "C a::;; '" nJ .~~~ ... c '" ..., 0 ..lJ ~ e~ '" <I) t"-o " cr Q) ~,g () '" '" =- " E Il> <l> 'L' . m ~o~c . .' ~ u-: ~ rt: Q,l-t1!O <- t/)- l..l- . ~ cr iOj.e-~:1: o.:;tI) . " iiiQ)~~,~u:' ~ 0 i ~ . i ~ .. u fi u c ():: I"ll 1'0'1 (1 ~ l ~ (l)G.1D~~t")fN " a. " .' . ::la:;;;:o~_ 'f) ~ u a: ,66< ,ur1\( 'OOSE WlO, Sd CAROL A. QUATRARA, Plaintiff IN THE COURT OF COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE JACGB A. QUATRARA, Defendant 97-3231 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Dated:~ 2aAbt O. QlOvtivlO~_ Carol A. Quatrara, Plaintiff Sworn and subscribed to before me this 19 day of J' -,./ ,19 ,,}.f. 13 t.-.J..... , ;f. ~ ..../ Notary Public -----0 . 1"~IT,\f-','\' S~.AL . [\;i['iDt., l ; i. .i it 1'\)~,1J)' PWk; ""~",.,) ,J,Yf c:c....1t) PEl. Mf CA',"::;:'-~~:\~~ ~:.'~ N.OI6. 2000 ---.- ,,- -- , - c: -- -, c ~ , L' , ; - , l~ C' , ~ , , : , . -. - (""~ .J U L:"'-- V I CAROL A. QUATRlIRlI, IN THE COURT or COMMON PLEAS OF Plaintiff CUMSERLAND COUNTY, PENNSYLVANIA v.. CIVIL ACTION - LAW IN DIVORCE JACOB A. QUATRlIRlI, Defendant 97-3231 CIVIL TERM WAIVER or NOTICE or INTENTION TO REOUEST ENTRY or DIVORCE DECREE UNDER ~ 3301 leI OF THE DIVORCE CODE 1. I consent to the entry of a final decree of di vorce without notice. 2. I understand that I may lose rights concerning alimony, divieion of property, lawyer's fees or expenses if I do no t 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 affidav it are true and correct. I understand that false statements here in are made subject to the penalties of lB Pa.C.s. S 4904 relating to unsworn falsification to authorities. Date. {bl~~ (k,.J11~ Q1, ~f1Jln_ CAROL A. QUATRlIRlI, Plaintiff CAROL A. QUATRARA, Plaintiff IN THE COURT or COMMON PLEAS or CUMBER.LAIlD COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE JACOB A. QUATRARA, Defendant 97-3231 CIVIL TERM AFFIDAVIT or CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer t s fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Dated. "'\ '\ ~ ~~ , - v"Cr-'> Defendant Sworn and subscribed to befo~me this /~,~ day of .<.-'7'U' , 19.2.L ~/.L~u/..J:- ,:/ Notary Public Nolarial Sea' , Oebr. A. Evangehsti, NOlal)' Public Susquehanna Twp., Dauphin County My CommiSSion ElCpires May 7, 2000 -- If} c- b* co-. t:": ~~ 1-- I.,....,! -, l.!..J0 ~, rt: ,,- ~( '.0 -, ; W~ ~\.I -- 'j U- ' . .~. ; ~ ~.\- l':'~ u_ CO ::5 0 ()' V CAROL A. llUATRARA, IN THE COURT OF COMMON PLEAS OF Pldntlff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE JACOB A. llUATRARA, Defendant 97-3231 CIVIL TERM WAIVER or NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 (cl or THE DIVORCE CODE 1. I consent to the entry of a final decree of di vorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no t 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 affidav it are true and correct. I understand that false statements here in are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date. \~; ~~ ~ ~ ~~~~ J~A. QUATRlIRlI, Defendant d. to ',... <<"; \;; ,~ N ..:, .' l\JC'. ") (. ")." .' . - ... ~ ; \:1-:". ;..- ,<Ij (,L , I' ,a ) c - , . ~. .". u.:. ~ ~ t'u , - ~ Cl- \_. .' , ..l- e::> ":1 u cr (,.) CAROL A. QUATRARA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . v . . . NO. 97-3231 CIVIL TERM . JACOB A. QUATRARA, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE Please enter the appearance of Lori K. Serratelli, Esquire as attorney for the Defendant in the above-captioned matter. Dated: ~u.,,~ ., <. , \ '\'n ,(~.l~..\~(~ ~, Lori,K. ~erratelli, Esquire SE~RATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road suite 201 Harrisburg, PA 17110-9843 >- \.0 (:- r; 2 ~~ , -' "1\." ; r=2 {;.- C~, -- c, c.' ...;::> ,> L:~ . C'- lL ~.. , itj ,-- -, ". r- ,- L' O' W ~ <=> b. ~, ..::I .,= ., :"?,' u.~Q - )-. ,-)0( . , ,.. Ii' ~ ' 0:: - , ~: ~ :'j "'\ ):t , ,- I:':" :'<) :/1 U:+~- C'J .);~ u:l;- 'r.: .-, c.:: -, !I'D r- .,... '!:::.:i.. .- ;I:: -. ~, L'. W ::::> 0 0' U CAROL A. llUATRARA, IN THE COURT or COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE JACOB A. llUATRARA, Defendant 97-3231 CIVIL TERM WAIVER or NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301 Icl or THE DIVORCE CODE 1. I consent to the entry of a final decree of di vorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no t 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 affidav it are true and correct. I understand that false statements here in are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: ,';)-17-Q'i? (~M-L Q. Q-InL\.fuUU CAROL A. QUATRlIRlI, Plaintiff Sworn to a~d wbscribed \lr10l~ me IhisJJ d.y c'ff:k.~I9,<jr ~4J 1:. ~ :. )T,)r!'.,,;.~F.A!. ~,. ._~,\-.'/d. ~;;' ::,. :'\"'~'?u:A!c i\:!:'.', \, i.....;. t\.' ::t)', P.l. My ::.c~, .::..!.;:.j' t:....;;I:'C:I Ap1i 6. 200J >- c:> (': c;; -= ;..: ;:::, :-).~ UJ~~ :~~. :~ Of'" 0: ....:.:;. Ci: -c' '.~-:i L-L-. ~f ,.., . :~. ~2 W:"l N 'T ;.~ ::l,. 1:<: .~~~ u... ~I "'" 1- :t: .- lO- LL rc -) 0 C7' (J CAROL A. llUATRARA, IN ~HE COURT O~ COMMON PLEAS O~ Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v.. CIVIL ACTION - LAW IN DIVORCE JACOB A. llUATRARA, Defendant 97-3231 CIVIL TERM NOTICE O~ ELECTION TO RE~AKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the ~ day of ~, 19~, hereby elects to retake and hereafter use her previous name of Carol A. Harten. r~ n. ~ Carol A. Quatrara TO BE KNOWN AS. ~Cl,~ Carol A. Harten COMMONWEAL~B or PENNSYLVANIA as COUNTY OF CUMBERLAND On the tl day of '177 A- '- cJ' , 19~ before me a Notary Public, personally appeared Carol A. Ouatrara, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WBEREOr, I have hereunto set my hand and official seal. 13U-)~.I. Notary Public " i2., /1"''L''-r-'~~/ ,'.\!. ::] - - -'-'--~.". ':,: , " ,. . :\ "."./\'J . ~ .....-,.- it 1 1 .... "'I \ Er; c r= " ;,1 ..... N Uj~~ ;:_; ~~, ~~ - "oj;".: \h ) -.... ~ ~~ "- ;-1~J \l., - "~'6 ~~ ~ N ~ -~, '\ .-Il'.l -I ~~?-~ a:-.- ~_~. H Ll F= ~ ~O- 'J "t.\:, -, u. <;0 ~- 1'\ ~~~ 0 => 0' U ~ Vi ~