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HomeMy WebLinkAbout97-05252 f f If I h f 1 \ f ~III I ..j "'!h . ": I " I'h \ 1 ,,~ ,,,...J ...:I~' I" ,'h '" ...... ~. ..~' j '"~ I'" '''h 'I '" ..... REBECCA LYNN MAGARO, !,Iaintill' IN TilE COURT OF COMMON PL.EAS OF ClJMIlERI.AND COUNTY.PENNSYL.VANIA v, NO, 97-5252 WILLIAM JOSEPH MAGARO, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECO,B.Q To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: I, Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint Certified mail. return receipt requested, served on September 27, 1997. 3, (Complete either paragraph (a) or (b),) (a) Date of execution of the Plaintifl's affidavit of consent required by Section 330 I (c) of the Divorce Code; June 25. 1998; by the Defendant; June 25, 1998. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in *:'301(c) Divorce was filed with the Prothonotary: July 17, 1998. 6. Date Defendant's Waiver of Notice in *3301(c) Divorce was filed with the Prothonotary: July 17, 1998, 7. The attached Marital Settlement Agreement shall be incorporated, but not merged with the Divorce Decree in accordance with Paragraph 2 thereof. MARTSON, DEARDORFF. WILLIAMS & alia BL:f~.w.:_4.lv4./~. '" -_ Thomas J, Willi~ Esquire Ten Eastlligh Street Carlisle,!,A 17013 (717)243-3341 ~ Attorneys for Plaintiff ..' Date: August 10. )998 Divorce Code and regarding alimony and spousal support, and Husband Is represented by Michael A Scherer, Esquire, who Is his separate legal counsel and he has been advised of his respective rights, privileges, duties and obligations relative to the parties' property rights and Interests under the Divorce Code and regarding alimony and spousal support; and, WHEREAS, each party is fully familiar with the marital property and both parties now desire to sellle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital propfrty, alimony, spousal support and related economic claims, NOW, THEREFORE, In consideration of the mutual promises herein, the parties hereto being legally bound hereby, do covenant and agree as follows: 1, The parties agree to the entry of a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code, Both parties shall execute and file the requisite Consents and Waivers with the Court contemporaneously with the execution of this Agreement. The Wife's attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce without delay, Should either party do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void. 2, This Agreement and all warranties and representations contained herein shall be incorporated but not merged Into the Divorce Decree and the Agreement shall continue to be enforceable in accordance with its terms, No Court may change the tenn. 2 of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife, In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written agreement signed by the parties expressly stating that this Agreement has been revoked or modified, 3, Wife shall become the sole owner of the 1994 Saturn she presently drives, while Husband shall become the sole owner of the 1990 Chevrolet Beretta he currently drives, Aside from the foregoing, the parties have divided between them to their mutual satisfaction all items of tangible personal property which had heretofore been used by them in common and neither party shall make any claim to such property in the possession of the other. Each party will execute any and all documents necessary to effectuate the transfer of ownership of any items of personal property titled in both names as set forth above. 4. The parties are the owners of a rental property located at 2443 North Fifth Street, Harrisburg, Dauphin County, Pennsylvania, which property was purchased in November, 1996. Wife agrees to convey her right, title and interest in this property to Husband by executing a Quitclaim deed contemporaneous to the execution of this Agreement. 3 5. The parties purchased 300 shares of "Stratford ACQ" stock at the time of the purchase of the rental property in November, 1996, The stock was valued at 0,32 per share as of March 31, 1998, Husband shall pay Wife $48,00 representing her one.half interest In said stock, In addition, Husband shall reimburse Wife for certain marital debt In the form of credit card debt which is in Wife's name alone, as follows: Husband shall contribute $4,000,00 towards said marital debt, by paying Wife $1,000,00 in installments to be agreed upon by the parties and by assuming $3,000,00 of Wife's credit card debt by means of a credit card balance transfer from Wife's credit card to a credit card in Husband's name alone, Aside from the foregoing, the parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or tilled in the name of Husband shall be his sole and separate property, and that in the possession or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim any pension/profit sharing/retirement rights of the other, vested or contingent, each party to retain full ownership of such rights as his or her sole and separate property, 6, The parties presenlly have certain debts, including credit card debt, in their respective individual names, The parties represent that they have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible 4 or liable, Each party agrees to Indemnify and hold harmless the other from and against all such debts, Iiabllilles or obligations of any kind which may have heretofore been Incurred between them, eXCE;pt the obllgallons arising out of this Agreement. 7, Both parties covenant, warrant I represent and agree that each will now and at all limes hereafter save and keep each other Indemnified against all debts, charges, or liabilities Incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to Indemnify and save and hold harmless the other from any and all liabilities he or she may incur up':ln the obligations of or assumed by the other, which Indemnification as to all provisions of this Agreement shall Include the right to recover out of pocket expenses and reasonable attorney's fees actually incurred. 8, Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property dasignated as the property of the other by virtue of the provisions of this Agreement except as otherwise may be provided pursuant 10 the provisions of this Agreement. 5 II II I 9, Husband and Wife do hereby mutually release, remise, quitclaim and forever discharge the other and the estate of the other from any and all claims either party has now, ever may have or can at any time have against the other or the other party's estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the other party, arising by way of widower's right or under the Intestate Law arising by any right to take against the will of the other party, arising out of the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only tho sa rights accorded to the parties under this Agreement. 10. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of this Agreement, the successful party shall be entitled to recover his or her reasonable attorney fees, actually incurred, from the other as party of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 11 , The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, eaming. and income of the other and that each has made a full and complete disclosure to the . , other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, 6 , " OMOl^J 8661 L ! lor a3^'3J3~ , , ij; .:I' "- ~~ C\: r. " ,:,; ~i( " C\: , (.,. " .j .,. n';'!' (1_. .) ~.(' " , 'j <' ! &1'1. (.;:) :..,'L;;' ..... I,' fEll.; !~.~: "/' ;':- (...1. 'Jj'ij , oq ~.-u.. , , u.. n' ~l't U VI .~, ) <.J I'l ," " , , , ',' 1-1,+ '!, ;!, 'I ',0 d ",I " " , ., " 'I' " , , " " , I , " , ( , l. , V " 1'-- "-; .;;", 1../ "'~ -< u.. - CZ 1Il-< > -<"" "-1,.- -Ill ..z zi c'" ~Q.,W .,. ,V ",,;.-"'r-C 0.... 0 '" uZ2:ci u.. ::J 0 " 00, ~ ....(,J;<': 0::0- ::.lZ 0-<: (,J...J ",0:: i=~ 7';' <=:::J (,J ~ -< " -< ~ ~ ...J -< U U IJ.J a:l ~ ",., .r ~, " ''-; ,; ..) ,.I d " , " './1 ,.(', ',) r (~ ..,. ~ .... (.f ('~" ,.. '''' 'J ~ =::~..-_.:. ~ ;;. ~ -< " -< ::; :t: =- IJ.J Vl o .., ::; :s ...J .J ~ ~ " ~ :::: '" :i ,> ~n~~ ~8"b '" ~ 6~ ~~i:JS!~ .Ii d" $ t;l ~ ~ ~ oil'" ~ ~ '. ~...r ~H~ ~ i < ~ ~ ~ I ~ ~ ~ ~ 8 . . , ' . .. . , .. REBECCA LYNN MAGARO, Plainti tl' IN TUE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 97.'J'./ r.l C.:...:lT;.._ v. WILLIAM JOSEPH MAGARO, Defendant IN DIVORCE COMPLAINT I, Plaintitl'is Rebecca Lynn Magaro, an adult individual currently residing 46 Old Town Road, Gardners, Adams County, Pennsylvania, 2, Defendant is William Joseph Magaro, an adult individual currently residing at 28 North Market Street, Mechanicsburg. Cumberland County, Pennsylvania, 3. Plaintiff and Defendant have been hona lide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the tiling of this Complaint. 4, The Plaintiff and Defendant were married on March 23, 1996 in Adams County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7, Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8, Plaintitl'requests the Court to enter a decree of divorce. MARTSON. DEARDORFF, WILLIAMS & OTTO BYT1~;iJt~::--~-- Tcn East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attomeys for Plaintiff Date: September 24, 1997 1,) I, ;.1 " . ~. .. . ". - REBECCA LYNN MAGARO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-5252 CIVIL TERM v, WILLIAM JOSEPH MAGARO, Defendant CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1, A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 25, 1997. 2, The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 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 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities, Date: j~.~5"-9~ ~AdAA jar'" ~{?T REBEC LYNN MAGA 0 . I" ( c ,', , " " " , , , , " ,I , , , 'I , , " , ,I, J , , ", " ,', ;:'-'J' (".. , " , , 'I. , , " , , ..- ,', , ,I, I i I I I CORRECTION Previous Image Refilmed to Correct Possible Error