HomeMy WebLinkAbout97-04234
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~~ PENNA.
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DIANE C. LERTOLA.
Plaintiff
l\: o. .4234
. CI.VI.L. 19 97
\"4'1',__11,,;
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DOUGLAS S. LERTOLA,
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Defendant
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DECREE IN
DIVORCE
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AND NOW, . .U,,, ~~k..l.b .
it is ordered and
19'rz
DIANE C. LERTOLA
, .. ", plaintiff,
. . . , ". defendant,
decreed that
DOUGLAS S. LERTOLA
and,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
THE PARTIES PROPERTY SETTLEMENT AGREEMENT DATE,DOCTOBER24.. 1997
IS INCORPORATED HEREIN AS A FINAL ORDER OF~OURT,.
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PrODer~v Settlement Aareement
2"t'z a .f#.bt:Y"
THIS AGREEMENT, made this _' day of
1997, by and between DIANE C. LBRTOLA of Carlisle, Cumberland
County, Pennsylvania, party of the first part, hereinafter
referred to as "Wife" and DOUGLAS S. LBRTOLA of Proctor, Vermont,
party of the second part, hereafter referred to as "Husband".
WITNESSETH I
WHEREAS, husband and wife were married on June 26,
1994, in Vermont, and
WHEREAS, husband and wife have been living separate and
apart from each other since July 2, 1997,
WHEREAS, wife is a resident of the Commonwealth of
Pennsylvania and has been so for at least the past six (6)
IlIOnths, and
WHEREAS, certain diverse, unhappy differences have
arisen between the parties hereto which have made them desirous
of continuing to living separate and apart from one another, and
WHEREAS, husband and wife desire to settle and
determine certain of their marital rights and obligations, and
make an equitable distribution of their marital property;
WHEREAS, it is the intention and purpose of this
Agreement to set forth the respective rights and duties of the
parties while they continue to live apart f~ each other and to
settle all financial and property right. between thea; and
Diane
C. Lertola ~
-.-
Dougla. S. Lertola ,;)L
,
WHEREAS, the parties hereto have mutually entered into
agreement for the division of their jointly owned assets, the
provisions for the liabilities they owe, and provisions for the
resolution of their mutual differences, after both have had full
and amble opportunity to consult with their respective attorneys,
and the parties now wish to have that agreement reduced to
writing.
NOW, THEREFORE, the parties hereto in consideration of
the mutually made and to be kept promises set forth herein and
for other good and valuable consideration, intending to be
legally bound and to legally bind heirs, successors, assigns, and
personal representatives, do hereby covenant, promise and agree
as follows I
ARTICLE I
SEPARATION
1.1
It shall be lawful for husband and wife at all times
hereafter to live separate and apart from each other and to
reside from time to time at such place or places as they shall
deem fit free from any control, restrain, or interference, direct
or indirect, by each other. Neither party shall BIOleat the other
or compel or endeavor to compel the other to cohabit or dwell
with hill or her by any legal or other proceedings. The foregoing
proviSion shall not be taken to be an adaission on the part of
either hUlband or wife of the lawfulne.s of the cau.e. leading to
thea living .eparate and apart.
?iane <;,._~..::ola ~
Dougla. S. Lertola j) l
ARTICLE II
DIVORCE
2.1
This Agreement is not predicated on divorce. It is
specifically understood and agreed by and between the parties
hereto and to each of the said parties does hereby warrant and
represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any
agreement for institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce: provided,
however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing,
instituting or prosecuting any action or action for divorce,
either absolute or otherwise, upon just, legal and proper
grounds: nor to prevent either party from defending any such
action which has been, may, or shall be instituted by the other
party, or for making any just or proper defense thereto. It is
warranted, covenanted, and represented by husband and wife, each
to the other, that this Agreement is lawful and enforceable and
this warranty, covenant, and representation is made for the
specific purpose of inducing husband and wife to execute this
Agreement. Husband and wife each knowingly and understandingly
hereby waive any and all possible claiJu of this Aqreeaent is,
for any reason, illegal, or for any reason whatsoever of public
policy, unenforceable in whole or in part. Ku.band and vU. do
each hereby warrant, covenant and agree that, in any po.sible
?iane C .__~~ol. 'tttL Dougl.s S. Lertol. _i)L-
event he and she are and ever shall be estopped from asserting
any illegality or unenforceability as to all or any part of this
Agreement.
2.2
It is further specifically understood and agreed that
the provision of this Agreement relating to the equitable
distribution of property of the parties are accepted by each
party as a final settlement of for all purposes whatsoever.
Should either of the parties obtain a decree, judgment or order
of separatinn or divorce in any other state, county, or
jurisdiction, each of the parties to this Agreement hereby
consents and agrees that this Agreement and all its covenants
shall not be effected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or
further modification or revision thereof shall alter, amend or
vary any term of this Agreement, whether or not either or both of
the parties 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.
2.3
It is specifically agreed that a copy of this Agra.ent
may be incorporated by reference into any divorce judgment or
decree if or whenever sought by any of the parties hereto. It is
understood by the parti.s that a divorce coaplaint viII be filed
in the Court of C~n Pl..s of CUaberland County. Both partie.
~lan. C._~..:.tola tJ-("~ Douglas S. lArtola 1)l
give their full and complete consent to the jurisdiction of the
Court of Common Pleas of Cumberland County to enter a final
decree in divorce. Such incorporation, however, shall not be
regarded a merger, it being the intent of the parties to permit
this Agreement to survive any such decrees.
2.4
Notwithstanding Article Two (2), Paragraph One (1), at
the request of either party, the parties hereby agree to execute
the necessary documents to finalize the divorce docketed at 97-
4234
Civil Term, in the Court of Common Pleas of Cumberland County,
Pennsylvania.
ARTICLE III
EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
3.1
The parties have attempted to divide their marital property
in a manner which conforms to the criteria set forth in Section
3502 of the Pennsylvania Domestic Relations Code, and taking into
account the following considerations I the length of the
marriage; the prior marriages of the parties; the age, healtb,
station, amount and sources of income, vocational skille,
employability, estate, liabilities, and need for eacb of the
parties; tbe contribution of one party to the education, training
or increaaed earning power of the other party; tbe opportunity of
~i.ne C.~tol. ~ Dougl.. s. Lertol. j)(
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 of dissipation of each party in th~ 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; and the standard of
living of the parties established during their marriage.
3.2
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of assets
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
The parties hereby agree that any transfers of property
pursuant to the terms of this Agreement shall be within the scope
of the Deficit Reduction Act of 1984, or other similar tax acts
(hereinafter . Act' ) . The parties agree to sign and cause to be
filed any elections or other documents required by the Internal
Revenue Service to render the Act applicable to the transfers set
forth in this Agree.ent, without recognition of gain on such
transfers and subject to the carry-over basis provisions of said
Act.
?iane C._~~olalJLl.. Dougl.s S. Lenola '_D!.
3.3
The parties shall retain sole and exclusive right, title and
possession of all personal property currently in their
possession. Except as provide for herein, Husband shall make no
claim whatsoever for any personal property in wife's possession.
Additionally, except as provide for herein, Wife shall make no
claim whatsoever for any personal property in Husband's
possession. Should it be necessary for either party to execute
any documents to convey title to any such real or personal
property in the other party's possession, they shall do so within
thirty (30) days of the execution of this Agreement or within
thirty (30) days of the request from the opposing party.
a. Within thirty (30) days of the execution of this
Agreement, Husband shall sign a Deed transferring all right,
title and interest in the marital home located at 159 South west
Street, Carlisle, Cumberland County, Pennsylvania. Wife will be
solely responsible for the mortgage payments on the marital home.
Wife hereby agrees to hold Husband harmless for the mortgage
payment on the marital home.
b. Wife shall retain the 1995 Chevrolet. Any encumbrance
thereon will be Wife's responsibility and Wife will hold Husband
harmless. Wife will use her best efforts to remove Husband frea
any incumbrance thereon within sixty (60) days frea the date of
this agreelll8nt.
c. Husband ,hall retain the 1995 Ford. Any encumbrance
?~ane C.~tol. W_ Dougla, s. Lertola .1) L
thereon will be Husband's responsibility and Husband will hold
Wife harmless. Husband will use his best efforts to remove Wife
from any incumbrance thereon within sixty (60) days from the date
of this agreement.
3.4
Except as provided herein, Wife waives any right or interest
she may have in Husband's employment benefits, including any
retirement plan, stock option purchase plan, profit sharing plan
or related matters. Except as provided herein, Husband waives
any right or interest he may have in Wife's employment benefits,
including any pension benefits, retirement plan, stock option
purchase plan, profit sharing plan or related matters.
3.5
Husband and Wife agree to waive and relinquish any and all
right that he or she may now have or hereafter acquire in any
real or tangible personal property subsequently acquired by the
other party. Husband and Wife specifically agree to waive and
relinquish any right in such property that may arise as a result
of the marriage relationship.
ARTICLE IV
RBLBASB 01' SUPPORT lOR HUSBAND AND WIPB
4.1
'rhe parties herein ac1cnow1edge that by this Agr88ll8nt they
have respectively secured and aaintained a substantial and
Diane C. Lertola .l)IL Dougla.. S. Lertola j)L
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adequate fund with which to provide themselves sufficient
resources to provide for their comfort, maintenance, and support
in the station of life in which they are accustomed. Except as
provided herein, Husband and Wife do hereby waive, release and
give up any rights they may respectively have against the other
for alimony, support, or maintenance.
4.2
Husband and Wife specifically waive, release and give up any
rights for alimony that they may be entitled to pursuant to
Chapter 37 of the Pennsylvania Domestic Relations Code.
ARTICLE V
DEBTS OF THE PARTIES
5.1
Each party represents to the other that except as otherwise
specifically set forth herein, there are no major outstanding
obligations of the parties, that since the separation neither
party has contracted for any debts for which the other will be
responsible and each party indemnifies and holds harmless the
other for all obligations separately incurred or assumed under
this Agr_nt.
In the event either party contracted for or incurred any
debts since the date of separation, the party who incurred aaid
debt shall be reaponaible for the payunt thereof regardleaa of
the naae in which the account ..y have been charged. Huaband and
Diane C. Lertola llJ
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Douqlas S. Lertola ]) {
Wife acknowledge and agree that they have no outstanding debts or
obligations of the Husband and Wife incurred prior to the signing
of this Agreement.
5.2
Each party relinquishes any right, title and interest he or
she may have to any and all motor vehicles currently in the
possession of the other party. Within thirty (30) days of the
date of execution of this document, each party shall execute the
necessary documents to have said vehicles properly registered in
the other party's name with the Department of Transportation.
ARTICLE VII
MISCELLANEOUS PROVISIONS
7.1
The Parties hereto have retained independent legal counsel.
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counselor the
parties have waived their right to have legal advice regarding
the meaning and implication of this Agreement. The parties
acknowledge and accept that this Agreement is, in the
circualtance8, fair and equitable, that it i8 being entered into
freely and voluntarily, after having received luch advice and
with 8uch knowledge that execution of thil Agreeaent 18 not the
nlult of any dun.. or undue influence and that it 18 not the
relult of any coll~lion or iaproper or illegal agre...nt or
agn.lI:1:nta.
Diane C. Lertola ~
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Dougla. S. Lertola j) L
7.2
Husband and Wife do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of the
other, for all times to come and for all purposes whatsoever, of
and from any and all legal right, title and interest, or claims
in or against the property of the other or against the estate of
the 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 as by way of dower or curtesy, or
claims in the nature of dower or curtesy or widow's or widower's
rights, family exemption, or similar allowance, or under the
intestate laws, or the right to take against the spouse's willJ
or the right to treat a lifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to
participate in a deceaBed spouse's estate, whether arising under
the laws of (a) Pennsylvania, (b) any state, commonwealth, or
territory of the United States, or (c) any other country, or any
rights which either party may have or at any time hereafter have
for past, present, or future support or maintenance, ali.lllony,
ali.lllony pendente lite, source fees, costs or expenses, whether
arising as a result of the marital relation or otherwise, except
and only except, all rights and agreements and obligations of
whatsoever nature arising or which may ari.e under this Ag~nt
or for the breach of any thereof. It 1s the intention of Husband
Diane C. Lertola M Dougla. S. Lertolaj)L.
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and Wife to give to each other by execution of this Agreement a
full, complete, and general release with respect to any and all
property of any kind or nature, real or personal, not 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.
7.3
Each party represents that since separation, they have not
heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be
responsible or liable, except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other
party harmless from and against any and all such debts,
liabilities or obligations of each of them, including those for
necessities, except for the obligations arising out of this
Agreement. Husband and Wife each warrant, covenant, represent
and agree that each will, now and at all times hereafter, save
harmless and keep the other indemnified from all debts, charges,
and liabilities incurred by the other after the execution date of
this Agreement, except as is otherwise specifically provided
herein.
7.4
No waiver or .edification of any of the terms of this
Agr....nt shall be valid unless in writing and aivned by both
~ian. C .-:-~tola W Dougl.. S. Lertol.P L
parties and no waiver of any breach hereof or default hereunder
shall be deemed a waiver of any subsequent default of the same or
similar nature.
7.5
This Agreement shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania which are in effect as
of the date of execution of this Agreement.
7.6
This Aqreement shall be binding and shall inure to the
benefit of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
7.7
This Agreement constitutes the entire understanding of the
parties and supersedes any and all prior agreements and
negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
7.8
If any term, condition, clause, section, or provision of
this Aqreement ahall be determined or declared to be void or
invalid in law or oth.rwia., then only that tera, condition,
claus., or provision shall be atricken f~ thia Aqre..snt, and
in all other reapecta, this Aqre-Alnt ahall be valid and continu.
in full force, effect, and operation. Likevia., the failure of
Dian. C. Lertola 1iJ1 OCuCJl.. S. Lertola ])L
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any party to meet his or her obligation under anyone or more of
the articles and sections herein shall in no way void or alter
the remaining obligations of the parties.
7.9
It is specifically understood and agreed that this Agreement
constitutes an equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband
and Wife, or either of them, during the marriage as contemplated
by the Domestic Relations Code of the Commonwealth of
Pennsylvania.
7.10
The parties warrant and represent that they have made full
disclosure of all assets prior to the execution of this
Agreement.
7.11
In the event either party to this Agreement shall breach any
term, covenant or other obligation herein, the non-breaching
party shall be entitled, in addition to all other remedies
available at law or in equity, to recover from the breaching
party all costs which the non-breaching party may incur,
including but not l~ited to filing fees and attorney's fees, in
any action or proceeding to enforce the terma of thia Agreeaent.
7.12
This Avn_ant ahall aurvive any acUon for divorce and
~lane ~__~ola 111 Douglas S. IArtola J)L
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IN THE COURT OP COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE C. LERTOLA, I
plaintiff I
I CIVIL ACTION - LAW
v. I IN DIVORCE
I 97- "IJ3J./-
DOUGLAS S. LERTOLA, I NO.
Defendant I
lIO'I'ICB TO DBPBRD ARD f"T.a.TM RIGHTS
YOU HAVB BED BUBD IH COOR"l'. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indiqnities or
irretrievable breakdown of the marriaqe, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the prothonotary, Cumberland County Courthouse,
Carlisle, Pennsylvania.
IP YOU DO HOT PILB A CLAIM FOR ALIMOHY, DIVISION OP
PROPBRTY, LAWYER'S PIBS OR EXPDSES BEFORE A DIVORCE OR AHNULMBHT
IS GRANTBD, YOU MAY LOSB THE RIGHT TO CLAIM ANY OP THEM.
YOU SHOULD TAD THIS PAPBR TO YOUR LAWYER AT ONCB. IP YOU
DO lIO'I' HAVB A LAWYER OR CAHNOT AFFORD ORE, GO TO OR TBLEPHOHB THE
OFFICB SET FORTH BBLOW TO PIHD OUT NHERB YOU CAR GET LEGAL HILP.
Cumberland County Court Adainiatrator
one Courthou.. Square, Fourth Floor
Carlial., Pennaylvania 17013
(717) 240-6200
8ANP'l' .
AUOrney
.
".-.-
1..-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE C. LERTOLA, I
Plaintiff I
I CIVIL ACTION - LAW
v. I IN DIVORCE
I (",..1 ;:;4-
DOUGLAS S. LERTOLA, I NO. 97- 4.2 j '/
Defendant I
AND NOW,
COMPLAINT URDER SEC'l'IOH 330l(c\
OR 3301(d) OF 'l'HE DIVORCE CODE
this iYhday of August, 1997, comes the
plaintiff, Diane C. Lertola, by and through her attorneys, HANFT
& VOHS, and files this Complaint in Divorce, and states as
follows I
1. plaintiff is Diane C. Lertola, an adult individual who
currently resides at 159 South West Street, Carlisle, Cumberland
County, Pennsylvania 17013.
2. Defend3nt is Douglas S. Lertola, an adult individual
who currently resides at BB South Street, Proctor, Vermont 05765.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were II4Uled on June 26,
1994 in Vermont.
5. There have been no prior actions of divorce or for
annulment between the partie..
6. The Plaintiff hili been advised of the availability of
l14Uiaqe coun.eling and the Plaintiff aay have the right to
reque.t that the Court require the partie. to participate 1n
(' J --.-.:t 1 ~~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE C. LERTOLA,
Plaintiff
V.
DOUGLAS S. LERTOLA,
Defendant
I
I
I
I
I
I
I
CIVIL ACTION - LAW
IN DIVORCE
NO. 97- ~/tJ~
AFPIDAVIT OP CONSENT
1. A complaint in divorce under section 3301(c) of the
Divorce Code was filed on ~1 t. , 1997.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the Complaint in Divorce.
3. I consent to the entry of a final decree in divorce
without notice.
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.
5. I understand that the costs of these proceedings will
be paid for by Plaintiff.
6. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary .
I verify that the statements made in this affidavit are true
and correct. I understand that false statements here n a made
subject to the penalties of 18 Pa. S. Section 490 re ,ting to
unsworn falsification to authoriti
Datec!t {I{IO 1'1
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C' ........--..n
~".y<"
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE C. LERTOLA,
Plaintiff
V.
I
I
I
I
I
I
I
CIVIL ACTION - LAW
IN DIVORCE
NO. 97- 4234
DOUGLAS S. LERTOLA,
Defendant
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 330l(c) of the
Divorce Code was filed on ~ust tv. Iqq7 , 1997.
2. The marriage of the Plaintiff and Defendant is
irretrievably broken and more than ninety (90) days have elapsed
from the date of the filing of the Complaint in Divorce.
3. I consent to the entry of a final decree in divorce
without notice.
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.
5. I understand that the costs of these proceedings will
be paid for by Plaintiff.
6. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are ..de
subject to the penalties of 18 Pa. C. S. Section 4904 relatin9 to
unsworn falsification to authoritie.. ../'''-
.'
Dated: 11'//' '1', / ""(', ~h - ('
oo.lI9las S. !Artola
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DIANE C. LERTOLA, I
Plaintiff I
I CIVIL ACTION - LAW
V. I IN DIVORCE
I
DOUGLAS S. LERTOLA, I NO. 97- 'Il'1'"(
Defendant I
1fAIVBR OP IIOTICB OP UlTlud'IOH TO RBOUBS'l'
BH'l'Ry OP A DIVORCB DBCRBB UHDBR
ti3301(c) OP 'l'IIB DIVORCB CODB
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lOBe rights concerning alimony,
division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy
of the decree will be sent to me immediately after it
is filed with the prothonotary.
I verify that the statements made in this affidavit
and correct. I understand that false statements herein
subject to the penalties of 18 Pa. C.s. 54904 relating
falsification to authorities.
Dated. "{Iol't'7
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Douglas Lertola
P.O. Box 1039
Rutland, Vennont 05701
May 5. 1998
Mr. Michael A. Scherer
17 West South St.
Carlisle. PA 17013
Dear Mr. Scherer:
I do not know if your client Diane C. Lertola mentioned this to you but
prior to our final divorce decree and after signing the Property Settlement
Agreement, she had made certain promises to me regarding some conditions
to our divorce settlement. Your client has since changed her mind and has
adamatly refused to bonor these provisions. From the start your client had
promised me certain non monetary items and in return I would not contest the
divorce nor ask for any spousal support.
Your client willfully and maliciously played upon my feelings for her,
in order not to pay me any alimony support. Prior to and immediately after
our separation your client promised to remain friends saying that she was
always going to be there for me and that I could call and write anytime as
well as visit her a few times a year in Carlisle plus visit her when she returned
10 Vennont She said that if I contested the divorce that we would no longer
bc friends and th3t I would not have any contact with her and would never
hear from her again. Wanling and needing her freindship, I had no choice so
I did not contest the divorce.
I started to ha\'C doubts that she was telling the truth in October so I
asked her if I could c()l1ll: down for a visit at the end of the month as a show
of good will. I went down to \isit on October 31. and November 1,1997. The
visit went well. during which we dined to~etber. talked and even had sex. The
visit lead me to believe that she would follow through on her promises and
she stated that fact. 1 responded by saying that 1 would not contest the divorce
and that I would sign and date the final ~'ree since I was certain that she
was telling the truth
The divorce was final on November 26, 1997 on that day I called
Diane to talk and she stated that she no longer wanted to be my friend and
wanted to sever all communications. We talked occasionally after that but she
was always despondent and hostile at each call. I guess since the divorce was
finalized she thought that she no longer had to keep up her end of the verbal
contract that we agreed upon.
I received a letter from your office on February II, 1998 stating that I
was no longer to have any contact with your client. Your letter and Her non
confonnance has resulted in my taking the action that I am about to. I am
hereby considering certain parts of the property settlement agreement as well
as the divorce null and void. I will be seeking legal counsel to represent me in
the near future. I signed this agreement in good faith and under some
emotional distress. in actuality unbeknownst to me I was being lied to and
deceived. Your client took advantage of my feelings for her and my
vulnerability to assure that she did not have to pay me any alimony our to
split up our remaining assets and property. Legally I believe that the court
will agree with me because I signed under duress and that I believed that your
client would keep the promises that she had made and yet had no intentions
of keeping. I was swindled into this deal.
Also while I have you here I will be contacting the PA Dept. of
Transportaion because your client forged my name when she registerd her car
recently. By doing this she violated section 5.2 of the PSA. Diane also
violated section 3.3 having the means to refinance her house she refuses to
refinance her car. Plus I will be imposing a lien upon the house because 1
signed a letter stating that I relinquished my name on the title for "$1.00" ,I
never received this money also it stated that 1 am a resident of Cumberland
County, PA when in fact at the time 1 was not. Pursuant to section 7.11 of the
current PSA ( will be sending Diane and yourself the bills for my legal
representaion.
Attached is a list of initial requests that 1 am requesting the ones with
the little" · " ( would like taken care of immediately. This list does not
represent my final requests, ( reserve the right to increase any monetary
values Of to place any items Of additions to this list.
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DIANE C. LERTOLA.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY.PENNSYL VANIA
: NO. 97-4234 CIVIL TERM
v.
: CIVIL ACTION--LA W
DOUGLAS S. LERTOLA.
Defendant
: IN DIVORCE
AND NOW. this
ORDER
zS if. day of
J.t).) '-
. 1999, upon
consideration of the within Petition to Enforce Property Settlement Agreement, a hearing
on the matter is scheduled for the olg ~ day of ~ . 1999 at
I:?o t.m. in Courtroom One of the Cumberland County Courthouse. Carlisle.
Pennsylvania.
By the Court.
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DIANE C, LERTOLA.
Plaintill.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 97-4234 CIVIL TERM
v.
: CIVIL ACTION--LA W
DOUGLAS S. LERTOLA.
Defendant
: IN DIVORCE
PETITION TO ENFORCE PROPERTY SETI'I.EMENT AGREEMENT
I. Petitioner is Plaintiff in the above captioned mailer.
2. Respondent is Defendant in the above captioned malter.
3. On November 26. 1997. this Court entered a Decree in Divorce which
incorporated the parties properly settlement agreement dated October 24. 1997.
4. The parties are joint owners of a 1995 Chevrolet Sedan. VIN
I G \JC5244S7200634.
5. Paragraph 3.3 of the panies' agreement provides that Petitioner shall retain the
said 1995 Chevrolet.
6. Paragraph 5.2 of the parties' agreement provides that within thiny days of
October 24.1997. Respondent shall execute the necessary documents to have this vehicle
registered in Petitioner's name \\ith the Pennsylvania Department of Transportation.
7. Respondent has refused to sign any documents necessary to transfer said
vehicle to Petitioner.
8. Paragraph 7.11 provides that Petitioner. as non-breaching party. may recover
attorneys fees from Respondent due to the breach of their agreement.
9. Under ~3502(e)(7) of the Domestic Relations Code(23 Pa.C.S. ~3S02(e)(7)).
this Court may award counsel fees and costs if a party has failed to comply \\ith an order
of equitable distribution.
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James K. Joaes. Esquire
71rviDc Row
CarfisIe. PA 17013-3019
(717) 24000296
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DIANE C. LERTOLA.
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO, 97-4234 CIVIL TERM
DOUGLAS S. LERTOLA.
Defendant
: CIVIL ACTlON--LA W
: IN DIVORCE
PETITION TO CONTINUE HEARIN(j
1. This Court has scheduled a hearing in the above matter for July 28, 1999 at
I :30 p.m. regarding Plaintiffs Petition to Enforce Property Settlement Agreement.
2, Defendant has executed a Limited Power of Attorney permitting Plaintiff to
seek the relief requested on her own.
3. Pending the successful completion of the transfer of title to Plaintiff, she
requests that the hearing scheduled in this matter be continued generally.
WHEREFORE, Plaintiff requests this Court to continue the hearing scheduled in
the above matter to be continued generally.
Respectfully submitted,
~ .Q--
James J:~
Attorney for Plaintiff
7 Irvine Row
Carlisle. PA 17013
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IN TilE COURT O~' COMMON I'I.~:M; m' CUM8ERI.ANO COUNTY. I'ENNSYI.vANIA
CIVil, ACTION - I.AW
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1'l.linLHe
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File No. _~ ~ oLj e (vii Iltq"
vs.
IN DIVORCE
_~~S
u y rota...
Defendant
:
:
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the
above matter. having been granted a Final Decree in Divorce on the
~ day of I qq(). hereby elects to resume the
of l:l1 ane (, It, /I
prior surname
this written notice pursuant
to the
. and gives
provisions of 54 P.S. S 704.
DATE: >>-Wtl!L,.1L~._.~
-lluuu ~ 'iiA}l.l Ii
Signature
___Al{LAi t 1/.1.[ ~/
Signature of name be n9 resumed
COMHONWEALTII OF PENNSYLVANIA:
: SS.
COUNTY Of' CUMnF.RI.ANO
11 l' . I
On I he I Q d.lY O. '-X./)&nlJL:1--.:::... ..1Cc;;1, before me. I!l
Nol dry I'ubl Ie - perflond 11 V "f)f>(hll...1 I he above ,lIe j"nl known Lo _ to
be Lhe penu>fI whose nalllC is tlubscrlbcd to the vithin dOCUMent and
acknowledged I hat helsllt'! cltecul'~d I he foregoing for I he purpose
Iherein conl.:Jined.
!H~..I.
III WIlnt-'.., WI"""ol. I h....... '''''t'unlo flcl Ill)' h.II,,1 .lnd nUll:l.ll
NOTAI'lAl.. SEAl
.IOOY S SUlTl4 NOTAII\V I'U8lIC
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