HomeMy WebLinkAbout97-06640
, .
~~~-~*~~---~~~----~~~~~-~~----~
~ -~--,_....,--_... .. ........._,.,,_...- -.. -
~ :
~ IN THE COURT OF COMMON PLEAS @
. OF CUMBERLAND COUNTY $
~ @
: STATE OF '* PENNSYLVANIA :
6 @
~ 8
8 MAIlI<SAN'l'ACHOCE, plaintiff :1 N (). .X7.~66Jq "......, 19 8
II
~ I 8
8 V '
., OI'KII" I!!
~ I '
,. ...PAm,E;l'lI, SAN'l'ACllQCE,. I 8
~ Dcf:cndant i. .
8 ~
$!. ~
, 8
8 DEe R EEl N.
~ DIVORCE :
~ 8
~ l 1f\. ','
~ AND NOW, .. , " " ;J: \J '"\" (" " " " " " 19" e1" '. It Is ordered and ~
~ decreed that""",..".",,, ,I:1.\1RI) ,:;;AN~~c;RQC;r;;",,,,,,,,,,,, plaintiff, ~
~ r
II and, , , , , , , , , " , , , , . , " , , , , , , , , P^B~,r.:NE; ,~Nl'1;J;.~~,QC;f., , , , , , , '. defendant, :,:
~ :
~ are divorced from the bonds of malrlmony, and in accordance wi th ~,
~ the Marital Settlement Agreement attached hereton and ~
~ incorfflti~~eu~thr~18t,rs' jurisdiction of the following claims which have :
~ been raised of record In this action for which a final order has not yet ~
~ been entered; ,
~ ~
~ ~
~ .,"""",...,""""""""""',.,"",.,"",'"""""".""".... :
~ ,.."""""""..",...,,,..,,..,,....,,,....,,,,..':
~ Dy ThW~rt' ol I ~
, Alle.t;' ')" J. ~
. '~"oP,(.lf,{l /:' ..~h, 12'. .,;,
Ik ,/' i?o'thonolary ~
~
-.. .. - .. .. .. .. .. --- .-.-i> - ~.-*, ,:..;, ':<<, ~:""''''':~<AC~.~~:'_:' :i:-:-,;,:,'.:..;:~J
TABLE OF CONTENTS
HEADINO PAOE
1. ADVICE OF COUNSEL 2
2. DISCLOSURE OF ASSETS 3
3. PERSONAL RIGII'i'S 4
4. MU'l'UAL CONSEN'i' DIVORCE 5
5. EQUI'l'ABLE DISTRIBU'l'ION 5
(a) Marital Residonce 5
(b) Furnishings and Personalty 6
(c) Motor Vehicles 6
(d) Lifo Insurance 7
(e) Pension and Retirement Benefits 7
(f) Cash, Cash Accounts, Stocks and Investments 8
(g) Miscellaneous Property 8
(h) Property to Wife 9
(i) Property to Husband 9
(j) Assumption of Encumbrances 9
(k) Liability Not Listed 10
(1) Indemnification of Wife 10
(m) Indemnification of Husband 11
(n) Warranty as to Future Obligations 11
6. ALIMONY 11
7. COUNSEL FEES, COSTS AND EXPENSES 12
8. WAIVER OF INHERITANCE RIGHTS 13
9. WAIVER OF BENEFICIARY DESIGNATION 13
/,
TABLE OF CONTENTS
(continued)
HBADING
PAGB
10. RELEASE OF CLAIMS
11. PRESERVATION OF RECORDS
12. MODIFICATION
13. SEVERABILITY
14. BREACH
15. WAIVER OF BREACH
16. NOTICE
17. APPLICABLE LAW
16. DATE OF EXECUTION
19. EFFECTIVE DA'l'E
20. EFFECT OF RECONCILIATION, COHABITATION
OR DIVORCE
14
16
16
16
17
17
17
16
16
10
21. HEADINGS NOT PART OF AGREEMENT
22; AGREEMENT BINDING ON PARTIES AND HEIRS
16
19
19
19
19
20
23. ENTIRE AGREEMENT
24. MUTUAL COOPERATION
25. AGREEMENT NOT TO BE MERGED
MARITAl. SETTLEMENT AGREEMENT
TIllS AGREEMENT, made this day of
by and betweon MARK SAN'rACROCE of 502 Barry Court, Mechanicsburg,
Cumberland County, Penney1vania 17055, party of the first part,
hereinafter referred to ae "Husband"
AND
DARLENE SAN'l'ACROCE of 5 Robin Court, Mechanicsburg, Cumberland
county, Pennsylvania 17055, party of the second part, hereinafter
referred to ae "Wife".
WITNESSETH I
WHEREAS, Husband and Wife were married on April 11, 1992 in
Carroll County, Maryland; and
WHEREAS, no children were born of this marriage between the
parties; and
WHEREAS, Husband and Wife are residents of the Commonwealth of
PennsylvanJ.a and have been so for at least the past six months; and
WHEREAS, the parties hereto are desirous of settling fully and
finally their respective financial and property rights and
obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership
of real and per.sonal property, the oupport and maintenance of one
another and, 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 these premiaes, and of the
mutual promineu, convenantu and undertakingu hereinafter aet forth,
and for othor 'lood and valuable cOlluideration, tho receipt and
aufficiency of which is hereby acknowledged by each of the partiea
hereto, Jlusbnnd and Wife, oach intending to bo legally bound
herllby, covonant and ngroe atl followSI
1. lloOVICE OF COUNB.11h '1'he proviaions of thJ.a Agreement and
their legal effect haa been fully explained to the parties by their
respective counsel, Jay n. Draderman, Esquire, for Jluaband, and
Maria P. Cognetti, Esquire, for Wife. Each party acknowJ.edgea that
he or she has received independent legal advice from counsel of his
or her selection, and that each fully understands the facts and has
been fully informed as to his or her legal rights and obligations,
and each party acknowledges and accepts that this Agreement is, in
the circulllstances, fair and equitable, and that it is being entered
into freely and voluntarily, after having received such advice and
with such knowledge, and that the execution of this Agreement is
not the result of any duress or undue influence, and that it is not
the result of any improper or illegal agreement or agreementa. In
addition, each party hereto acknowledges that he or she has been
fully advised by his or her respective attorney of the impact of
the Pennsylvania Divorce Code, whereby the Court has the right and
duty to determine all marital. rights of the pe.rties including
divorco, alimony, alimony gendente lite, equitable distribution of
all marital property or property owned or possessed individually by
the other, counsol fees and costa of litigation and, fully knowing
the aame and being fully adviaed of hia or her right a thereunder,
each party hereto atill deslres to eKecute this Agreement,
acknowledglng that tho terms and conditions Bet forth hereln are
falr, just and equitable to oach of the partiea, and waivoa hls or
her respective rlght to have the Court of Co~non Pleae of Dauphin
County, or any other Court of competent juriediction, ma)te any
determlnation or order affecting the reepective partiee' righte to
alimony, alimony J:lendento lite, eupport and maintenance, equitable
dietrlbution, couneel feee and coete of litigation.
2. PISCLOSURE OF ASSETS. Each of the parties hereto
acknowledgoe that he or she ie aware of his or her right to eeek
diocovery, including but not limited to, written interrogatories,
motione for production of documents, the taking of oral
depositione, the filing of inventories, and all other meane of
diecovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rulee of Civil Procedure. Each of the parties further
acknowledges that he or ehe has discussed with counsel the concept
of marital property under Pennsylvania law and each is aware of his
or her right to have the real and/or personal property, estate and
asseta, earnings and income of the other assessed or evaluated by
the Courts of the Commonwealth or any other Court of competent
jurisdiction. The parties do heroby acknowledge that thero has
been full and fair disclosure to the other of his or her respective
income, assots and liabilities, whether such are held jointly or in
the name of one party alone. Each party agrees that any right to
3
further disclosure, valuation, enumeration or statement hereof in
this Agreement is hereby specifically waived, and th~ parties do
not wish to make or append hereto any further enumeration or
statement. '1'he parties hereby acknowledge and agree that tho
division of assets as set forth in this Agr.eement is fair,
reasonable and equitable, and is satisfactory to them. Each of the
parties hereto further covenants and agrees for. himself and herself
and his or her heirs, executors, administrators or assigns, that he
or she Idll never at any time hereafter flue the other party or his
or her heirs, executors, administrators or assigns in any action of
contention, direct or indirect, and allege therein that there was
a denial of any rights to full disclosure, or that there wae any
fraud, duress, undue influence or that there was a failure to have
availabl.e full, proper and independent representation by legal
counsel.
3. PERSONAL RIGHTS. Husband and wife may, at, all times
hereafter, live separate and apart. Each shall be free from all
control, restraint, interference and authority, direct or indirect,
by the other. Each may reside at such place or places as he or she
may select. Each may, for his or her separate use or benefit,
conduct, carryon or engage in any business, occupation, profession
or employment which to him or her may seem advisable. Husband and
wife shall not molest, harass, disturb or malign each other or the
respective families of each other, nor compel or attempt to compel
the other to cohabit or dwell by any means or in any manner
4
whateoever with him or her. Neither party will interfere with the
uee, ownership, enjoyment or diBpoBition of any property now owned
by or hereafter acquired by the other.
4. .IUTUAL CONSENT DIVORCE. The partie a acknowledge that on
December 2, 1997, "uaband initiated a divorce action under the no-
faul t proviaione of the Divorce Code in the Cumberland County Court
of Common Pleas docketed at No. 97-6640. It ie the intent.ion of
the partiea, and the parties agroe, that by thie Agreement they
havo resolved all ancillary economic issues related to their
divorce. The parties agree that upon the expiration of the ninety
(90) day waiting period provided for under Section 3301(c) of the
Divorce Code, each will eign an Affidavit of Consent to divorce and
Waiver of Notice of Intention to Request Entry of Divorce Decree
and deliver same to counsel for Hueband, who ahall promptly submit
Baid Affidavits and Waivers to the Court along with a Praecipe to
Transmit Record, Vital Statistice form and any and all documents
neceseary to precipitate the prompt entry of a divorce decree.
Inunediately after the eigning of this Agreement, Wife agreee to
withdraw and mark as aettled and discontinued her An ewer and
Counterclaim to Husband'a Divorce Complaint.
5. EOUITABLE DISTRIBUTION.
(a) Mari tal Re8~dence. The parties acknowledge that the
former marital reeidence situated at 900 Acri Road, Mechaniceburg,
Cumberland County, Pennsylvania haa been sold and the net proceedB
from that sale have alroady been divided between the parties.
5
(b) FurnishinQs and Porsonaltv, 'rhe parties agree that
they have divided by agreement between thomselves all furnishings
and personaHy formerly locatod in the marital residence, including
all furniture, furnishings, antiques, jewelry, rugs, carpeta,
housahold appliances and oqu.ipment. Any personalty or furnishings
now located .in lIusband' s or Wife's current res.idences aa of the
execution date oi this Agreement shall be and remain that party's
901e and separate property, free of any and all right, title, claim
or interest of the other party. Husband has already removed from
the former marital residence and claims as his sole and separate
property: lIitachi 50-inch big screen TV, RCA Bound receiver and
speakers, Sony lasor disc player and Emerson VCR.
(c) Motor Vehicles.
(1) Husband agrees that Wife shall retain
possession of and receive as her 901e and separate property, the
1995 Saob 900 vehicle currently titled in her name, along with all
rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtednese
pertaining thereto and insur.ance thereon, free of any and all
right, title, claim or interest of Husband.
(2) Wife agrees that Husband shall retain
possession of a 1996 Mercedes 220 vehicle currsntly leased in both
parties' names, along with all rights under any insurance policies
thereon and with r.esponsibility for payment of any outstanding
indebtedness pertaining thereto and insurance thereon, free of any
6
and all right, title, claim or interest of Wife. Husband agreos to
indemnify and hold Wife harmless from any obligation to make lease
payments, llny payments or any debt associated with said Mercedes
vehicle.
(d) ;!Jife InBuX'ance. Wife and Husband each hereby
speclfically releases and waives any and all right, title, claim or
interest that he or she may have in and to any and all policies of
insurance owned by the other including cash surrender value, if
any, and also specifically to include a waiver of any beneficiary
designation thereunder.
(e) Pension and RetiX'emont Benefits. Except as noted
below, Wife and HUBband each hereby specifically releases and
waives any and all right, title, claim or interest that he or she
may have in and to any and all retirement benefits (including but
not limited to pension or profit sharing benefits, deferred
compensation plane, 401 (k) plans, employee savings and thrift
plans, individual retirement accounts or other similar benefits of
the other party, specifically to include a waiver of any spousal
annuity benefits and/or benefic.iary designations thereunder. The
parties agree that they shall execute any documents pursuant to the
Retirement Equity Act or any similar act that may be required from
time to time to accomplish the purposes of this subparagraph.
Within 60 days of the date of this Agreement, Husband agrees to
transfer. the sum of $19,850.00 plus accrued earnings on said sum of
$19,850.00 from the date of this Agreement, from his u.s.
7
Uoalthcare savinga plan to Wifo's 40l(k) plan. Husband's attorney
shall prop are a Qualified Domestic Helations Order to effectuate
aaid tranafer of fundo.
f) Cash. Cash Ar;:coulltS. Stooks and Investments.....
(1) Wifo agrees that Husband shall retain aa his
aole and separate property, froe from any and all right, title,
claim or interest of Wifo, any and all stocks, banda, investments,
sums of cash in savings or checking accounts, mutual funds, stock
accounts, or any other assets of a similar nature which now are
titled in Husband's name alone.
(2) Husband agrees that Wife shall retain aD her
sole and separate property, free from any and all right, title,
claim or interest of Wife, any and all stocks, bonds, investments,
sums of cash in savings or checking accounts, mutual funds, stock
accounts, or any other assets of a similar nature which now are
titled in Wife's name alone.
(3) The parties are joint owners of mutual funds
held with Prudential Securities. Husband agrees to transfer within
60 days of the date of this Agreement, his interest in said funds
to Wife who shall then become the sole and exclusive owner of these
mutual funds.
(9) Miscellaneous Propertv. As of the execution date of
this Agreement, any and all property not specifically addressed
herein shall be owned by the party to whom the property is titled;
and if untitled, the party in possession. This Agreement shall
8
constitute a suffioient bill of sale to evidenoe the transfer of
any and all rights in such property from each to the other.
(h) Property to Wife. 'rho parties agree that Wife
shall own, possess, and enjoy, free from any claim of Husband, the
property awarded to her by the terms of this Agreement. Husband
hereby quitclaims, assigns and conveys to Wife all such property,
and waives and relinquishes any and all rights thereto, together
with any insurance policies covering that property, and any escrow
accounts relating to that property. '1'his Agreement shall
constitute a sufficient bill of sale to evidence the transfer of
any and all rights in such property from Husband to Wife.
(1) Prollertv to lIuaband. 'l'he parties agree that
Husband shall own, possess, and enjoy, free from any claim of
Wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such
property, and waives and relinquishes any and all rights thereto,
together with any insurance policies covering that property, and
any escrow accounts relating to that property. This Agreement
shall constitute a sufficient bill of sale to evidence the transfer
of any and all rights in such property from Wife to Husband.
(j) Assumption of Encumbrances.
(1) Husband shall be solely responsible for any and
all liabilities in his name alone, specifically to include any
obligations to issuers of credit cards in his name alone.
(2) Wife shall be solely responsible for any and
9
all liabi11tiou in hor nlllllO lllono, Llpooiflo/llly tlJ illu!udo /IllY
obi \.(JlltionB to iuuuoru of ol:od it: ollr.du in hor 111111I0 /I Lono.
(3) Unloull othoJ:wiuo provldod hur:ul.ll, (HlUh pllrty
horeby allBUIllOU tho debtu, ollCllllllbr/lIlCOLl, tUXUII lllld L LOllu 011 ull tho
property ellch will hold uubuoCjuunt t.o tho OfJ:otlt.ivo dal.o of thiu
Agroemonl,. gach [lat"ty IIgJ:<HHl to illdolllnHy ami hl) l.d hUl'IlIloUll tho
other party and hie or hor proporty frolll uny olll1111 or Ullbl.Uty
that the othor party will euJ:for or IIIUY bo rOCJuirud to pay bocauee
of the dobtu, enclllllbralloou or lionn un'.Il1l11ud hy tho ol:llUr [lUrUullnt
to tbie Agraemout.
(k) ,tlinbilULlfot _llJ,lIted. B1Wh purty rllpnlUllntn Ilnd
warrante to the other that ho or sho huu not 11llHlI'l:lId /IllY dubt,
obligation or other liability, othor thaH t.hOllll douor:1b.rd 1n thie
Agreement, 011 wh1ch tho othor pUI:ty I.Ll or lIIay ho lJ,uhlo. A
liability not dieclollod in this 1\,.1 (I)'lIl1l1n I. wLL 1 1w tho Bolo
reeponeibility of the pnrty who hllB Ln'llll'l'od ClI" III11Y hOI:onftor incur
it, und Buch party n'1rooe to PIlY it 1111 tho lIillllO IIhl1l,l pocuma duo,
and to indemnify and hold tho othor Plll"ty IIIld hl.u or hOl: property
harlllleee from any and all alllch dobtu, ohlll)lIt lonll I1nd Ul.lbiU,tios.
(1) Indemnificatj,r.m.....Q.LWlf.!I.,. [f illlY 0111111I, llctiol1 or
proceeding is horoaftor .init..I.atod lluold.lIl) to hold WHo l.iable for
the debto OT.' obligat.l.onll alll3umod by lIuubund IIlldor tllio Agreolllont,
lIueband w1ll, at h.l,s uolo oxponllo, doJ:ond W!.fo il'1llinet. any such
claim, act.l.on or procoad.l.II'j, whot.hur or 1I0t woll-founded, and
indemnify hor and hor pnl[lurty lllJl.l.l.nnt /lilY damages or 10BB
lO
reeulting therefrom, inoluding, but not limited to, ooate of oourt
and aotual attorney 'e feee inourred by Wife in oonneotion
therewith.
(m) Indemnifioation o1-ll~Bband.
If any olaim, aotion
or proceeding ie hereafter initiated eeeJ<1ng to hold llueband liable
for the debts or obligatione aesumed by Wife under this Agreement,
Wife will, at her sole expense, defend Hueband against any euoh
olaim, action or proceeding, whether or not well-founded, and
indemnify him and his property against any damages or loss
resulting therefrom, inoluding, but not limited to, costs of court
and actual attorney's fees incurred by llul3band in connection
therewith.
(n) Warranty ae to Future ObU,qations. Husband and Wife
each represents and warrants to the other that he or she will not
at any time in the future incur or contract any debt, charge or
liability for which the other, the other's legal re~resentatives,
property or eetate may be responsible. From the date of execution
of this Agreement, each party shall use only thoee credit carde and
accounte for which that party in individually liable and the
partiee agree to cooperate in closing any remaining accounts which
provide for joint liability.
Each party hereby agrees to
indemnify, save and hold the other and hi, or her property harmless
from any liability, loss, cost or expense whatsoever, including
attorneys fees, incurred in the event of breach hereof.
6. ALIMONY
11
,
i
I
I"
f' ,
lIusband agrees to pay Wife the ulIm of $2!iO.OO put' 1II0nth. Said
paymunts to begin on the firet of tho month 1.lmlludllltoly uubuequent
to the date that Wife moves from the IIIlld,tll1 r.ullldllnCQ.
alimony shall be paid and be duo on tho f Inlt lJl: thu month for a
period of twenty (20) 1II0nthe thureuftur. HhouLd Iluuband become
delinquent in euch payment I W.itu llhll Ll hllvo tlHl option of
registering this Agreement for clJUuotlon of fundu through the
appropriate County Domestic HulllLl.onll Of l' Iou. Illlld lI11lllony is non-
modifiable and guaranteed and lIIay only bl) ollnoe.! Lud prior to the
term of twenty (20) monthu Upon thu dUllth of u I. thuL' [lllrty. Said
,
payments are intended to qual1l'y 111I Iln III. J,lIIony PUYlllunt all that term
is defined by the Inter.nal Huvonuo HIJl'v Lou Couo and should be
deductible from the incollle of Ilullbllnd Ilnd LllOludllbio in the income
of Wife on their respectivo appl.lollb Lu 1.11lJ(JIIIU tux roturnll. Husband
and Wife hereby expressly waivo, ULllClhIH'<Jll l\IId rulease any and all
rights and claims which ho or uho IIIIlY IlI1vu now or hereafter by
reason of the partios' marria<Je to 11 U.lllony J.>.'1illmJJto J...i!;Q, support
and/or maintenance or other Uko bonol'itu rosul ting from the
parties' status au husband nlld W Uo. 'I'ho [lartiou further release
and waive any rightu thoy IIIIlY hllvo to uouk modification of the
terms of this para<j1'llph I.n a cOllrt of law or equity, it being
understood that t.hu fOL'o'j<li,n<) IJOIHltit.utou a final determination for
all time of olthor [lIU.tY'll obLl<Jution to contribute to the support
and maintulIlIlICO 01' t1w othor.
7. !;O~J:L r..r;.IH!Lg.9!lf!LAHP EXPENq!L. Each party shall be
12
Said
aolely responsible for his or her own legal feell, costs and
expenses incurred in connection with their separation and/or the
dissolution of their marriage, and the preparation and execution of
this Agreement; except that Husband shall pay Wife's attorney's
fees in an amount not to exceed $1,000.00.
O. WAIVER OF INHERI!rANCE RIGHTS. U III e s sot her w i s e
specifically provided in this Agreement, as of the execution date
of this Agreement, Husband and wife each waives all rights of
inheritance in the estate of the other, any right to elect to take
against the will or any trust of the other or in which the other
has an interest, and each of the parties waives any additional
rights which said party has or may have by reason of their
marriage, except the rights saved or created by the terms of this
Agreement. '1'his waiver shall be conatrued generally and shall
inclUde, but not be limited to, a waiver of all rights provided
under the lawa of Pennsylvania, or any other juriSdiction, and
shall include all rights under the Pennsylvania Divorce Code.
9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto
specifically waives any and all beneficiary rights and any and all
rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belonga to the
other party under the terms of this Agre6ment, inClUding, but not
limited to, pensione and retirement plana of any sort or nature,
deferred compensation plans, life inaurance pOlicies, annuities,
13
atock accounta, bank accounts, final pay checks or any other post-
death distribution schemo, and each party expressly states that it
is his and her intention to revoke by the terms of this Agreement
any beneficiary designationo naming the other which are in effect
as of the date of oxecution of this Agreement. If an in the event
the other party continues t,o be named as beneficiary and no
alternate beneficiary 113 otherwise designated, the beneficiary
shall be deemed to be the estate of tho deceased party.
10. RE~EASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the
property dispositions provided for herein constitute an equitable
distribution of their assets and liabilities purouant to Section
3502 of the Divorce Code, and Wife and Husband hereby waive any
right to division of their property except as provided for in thio
Agreement. Furthermore, except as otherwise provided for in thio
Agreement, each of the parties hereby specifJ.cally waives,
releases, renounces and forever abandons any claim, right, title or
interest whatsoever he or she may have in property tranoferred to
the other party pursuant to this Agreement or identified in this
Agreement as belonging to the other party, and each party agrees
never to assert any claim to said property or proceeds in the
future. However, neither party ie released or discharged from any
obligation under this Agreement or any instrument or document
executed pur.suant to this Agreement. Husband and Wife shall
hereafter own and enjoy independently of any claim or right of the
14
other, all items of personal property, tangiblo or intangible,
aoquired by him or her from the exeoution date of this Agreement
with full power in him or her to dispose of the same fully and
effectively for all purposes.
(b) Each party hereby absolutely and unoonditionally
releases and forever discharges the other and the ostate of the
other for all purposes from any and all rights and obligations
which either party may have or at any time hereafter has for pllllt,
prellent or future support or maintenance, alimony pendente lite.
alimony, equitable distribution, counllel fees, costll, expenses, and
any other right or obligation, economic or otherwise, whether
arising out of the marital relationship or otherwille, including all
rights and benefits under the Pennsylvania Divorce Code of 1980,
its supplements and amendments, as well I1.S under any other law of
any other jurisdiction, except and only except all rights and
obligations arising under his Agreement or for the breach of any of
its provisionll. Neither party shall have any obligation to the
other not expressly set forth herein.
(c) Except as llet forth in this Agreement, each party
hereby absolutely and unconditionally releasell and forever
dillchargell the other and his or her heirll, executora,
administrators, assigns, property and estate from any and all
rights, claims, demands, or obligations arising out Ilf or by virtue
of the marital relationship of the parties whether now existing or
hereafte~ arising. The above release shall be effective regardless
15
r
of whother euch claime ariae out of any former or future acts,
contracts, engagelllonte or liabilities of the other or by way of
dower, curtesy, 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 will, or the right to treat a lifetime
conveyance by the other as teetamentary or all other rights of a
Ilurviving epouse to participate in a deceased spouse's estate,
whether arising under the law of Pennsylvania, any state,
commonwealth or territory of the United states, or any other
country.
(d) Except for the obligations of the parties contained
in this Agreement and such rights as are expressly reserved herein,
each party gives to the other by the execution of this Agreement an
absolute and unconditionnl release and discharge from all causes of
action, claims, rights or demands whatsoever in law or in equity,
which either party ever had or now has against the other.
11. PRESERVATION OF RECI)RDS. Each party will keep and
preserve for a period of four (4) years from the date of their
divorce decree all financial records relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax audits.
12. MODIFICATION. No modification, rescission, or amendment
to this Agreement ehall be effective unless in writing signed by
each of the parties hereto.
13. SEVERABII,ITY. If any provision of this Agreement is held
16
Notice shall bo deemed to have occurred upon the date received by
the recipient. Each party may change the address for notice to him
or her by giving notice of that change in accordance with the
provisions of this paragraph.
17. ~PPLICABLE LAW. All acts contemplated by this
Agreement shall be construed and enforced under the substantive law
of the Commonwealth of Pennsylvania (without regard to the conflict
of law rules applicable in Pennsylvania) in effect as of the date
of execution of this Agreement.
18. DA'l'E OF EXECUTION. 'l'he "date of execution" or "execution
date" of this Agreement sha.ll be defined as the date upon which the
parties signed the Agreement if they do so on the same date, or if
not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
19. ~FFECTIVE DATE. This Agreement shall become effective
and binding upon both parties on the execution date.
20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE.
This Agreement shall remain in full force and effect and shall not
be abrogated even if the parties effect a reconciliation, cohabit
as husband and wife or attempt to effect a reconciliation. Thin
Agreement also shall continue in full force and effect in the event
of the parties' divorce. There shall be no modification or waiver
of any of the terms hereof unless the parties in writing execute a
statement deClaring this Agreement or any term of this Agreement to
be null and void.
18
21. lIEA.!!1NGIl NOT ('ART Of....MmF,EMENT. Any headingL' preceding
the text of the sovernl paragraphs and subparagraphs hereof are
insertod solely for convenience of 'reference and shall not
constitute a part of this Agreement nor shall. they affect its
meaning, construction or effect.
22. AGIU~EUEN~l BINDING ON PARTIES AND IIEXRS. 'l'his Agreement
shall bind the parties hereto and their respective heirs,
executors, administrator.s, logal representntivos, assigna, and
successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each PArty acknowledges that he or
she has carefully read this Agreement, including any and all
exhibits, or other documents to which it refers, such other
documents being incorporated hereln by reference; that he or she
has discussed its provisions with an attorney of his or her own
choice, and has executed it voluntarily and in reliance upon hie or
her own attorney; and that this instrument expresses the entire
agreement between the parties concerning the subjects it purports
to cover and aupersodes any and all prior agreements between the
parties. This Agreement should be inter.preted fairly and simply,
and not strictly for or against either of the parties.
24. l:IUTUAL COOPERATION. Each party shall, on demand, execute
and deliver to the other any deeds, bills of sale, assignments,
consent to change of beneficiary designations, tax returns, and
other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the
19
4. 'l'ho l'lllintiff and Defendant were married on April 11,
1992 in Carroll County, Maryland.
5. 'l'horo were no children born of thin marriage.
6. 'l'here havo been no prior actiona of divorce or for
annulment botween tho pardee.
7. Plaintiff han beon advised of the availability of
~ounseling and the right to request that the Court require the
parties to participate in counseling.
8. The Defendant is not a member of the Armed Services of
the united States or any of its allles.
9. The causes of action and secti.ons of the Divorce Code
under which Plaintiff in proceeding are:
a. Section 3301(c). 'fhe marriage of the parties is
ir.retrievably broken. After ninety (90) days have elapsed
from the date of filing this Complaint, Plaintiff intends to
file an Affidavit consenting to a divorce. Plaintiff believes
that Defendant may alaD file such an Affidavit.
b. Section 3301(d). The marriage of the parties is
irretrievably broken. The Plaintiff and Defendant separated
on or about May of 1996.
'.
c. for such further ~elief as the Court may determine
equitable and just.
.,
Respectfully submitted,
Datel
/
'-..--
Oil llSQUIRIl
N. 7047
6 LOCUST S'rRllllT
. O. BOX 965
HARRISBURG, PA 17106-0965
(717) 232-6600
ATrORNIlY FOR PLAINTIFF
4
MAllK SAN'l'ACROCE, I IN 'rilE COUR'l' OF COMMON PLEAS
PlaJ.ntiff I CUMBERLAND COUNTY, PENNSYLVANIA
I ,;u_.
v. I NO. 'i') I: (~ '(,' f. '1.1'f./
I
DAHLENE SAN'rACROCE, I CIVIL ACTION - LAW
Defendant : IN DIVORCE
AJ:'J:'I DAVIT
MARK SANTACROCE, being duly sworn according to law, deposes
and says:
1. I have been advised of the availability of marriage
counseling and understand that I may request that the Court require
that my spouse and I participate in counseling.
2. I understand that the Court maintains a list of marriage
counselors in the Prothonotary's Office, which list is available to
me upon request.
3. Being so advised, I do not request that the Court require
that my spouse and I participate in counseling prior to a Divorce
Decree being handed down by the Court.
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.
&"
11-/1 / 11
6
MARK SAN'J.'ACROCE I I IN 'J.'IIE COUR'l' OF COMMON PLEAS
L' laintif f I CUMI3ERLAND COUN'I.''i I PENNSYLVANIA
I
vs. I NO. 97-6640
I
DARLENE SAN'L'ACROCE, I CIVIL AC'I.'ION - LAW
Defendant I IN DIVORCE
AFFIDAVIT OF CONBENT
L A Complaint in Divorce under Section 3301 (c) of the
Divorce Complaint was filed on December 2, 1997.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce
after service of Notice of Intention to Request Entry of the
Decree.
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 unAworn falsification to authorities.
t/:2:1./q~
Date (
HARK [~
.-
, ,I )
" "
, t';
" "
, , ,
I " ,
,
, ,I
,
"
"
" ,
, ,
I,., I"
. .' I
v.
I IN 'L'IIE COUH'I' olr COMMON PLEA'"
I CUMDERLJ\ND COUN'I'Y, l'ENllSYLVANIA
I
I NO. 97-6640
I
ICIVIL ACTION - LAW
ItN DIVORCE
I.
I
i
MARK SANTACROCE,
Plaintiff
DARLENE SANTACROCE,
Defendant
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
,
1. I consent to the entry of a final Decree of Divorce
without notice.
2. 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.
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 eent 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 made
subject to the penalties of 10 Pa, C.S. Section 4909 relating to
unsworn falsification to authorities.
Date:
I. /:J.:J./t}~
( I
MARK SAN' AC
....
,1
I
"... '.f)
u; I,
i'
" I ~' . (.-:
1_'1,
(,;:
i' i
t;.;) ~ "
r,-'j! , ~-, !
, , ,
u
,.
1 , I"",
U '".' ,1
, ,
ll~ ~.n
.,; I,
, "
uti' (":
l""
l: ,
(;.'; 1'.1
[_: (,'<
."
rilt i
~_. J
I J
1.1. ,;' ,)
'-' <.1'
~ \W'NnUW~\~\'IIWINhINf' 1';'111"'11 !I^NIAI'~II ;'NII
limN'
MARK SANTACIWCE,
PlllintitT
IN TilE COURT OF COMMON PLEAS
ClIMBEIU,AND COUNTY, PENNSYLVANIA
.,
I
v,
NO, 97.6f!40
DARLENE B, SANTACROCE.
Delcndunt
CIVIL ACTION -LAW
IN DIVORCE
ANSWER AND COUNTEI~CLAIM
TO PLAINTIFF'S COMPLAINT IN I>IVORCE
AND NOW, eomes the Delcndllnt, DlIrlene B, SlIntllCroce, by lInd through her
lIlIol'ney, Muria p, Cognetti. Esquin:, lInd liIes the 1()lIowing Answer and Counterclaim to
Plaintil1's Complaint in Divorce, and uvers liS t(lllows:
I, Admitted.
2, Admilled.
3. Admilled.
4. Admitted.
5. Admitted.
6. Admitted,
7, The truth oflhis lIverment is strictly within the knowledge of the Plaintiff
lInd therefore no answer is required,
8. Adrnilled,
9.
u.
It is lIdmilled that the marriuge is irrctrievubly broken. The truth of
I' IWINUI)WMWI'WIN,m'III^IlIMI !'I,\Nl.\tftlI ^"'~
costs und expenses orthis IItlgntion und Is 1I11uhle to npproprlnlely mnlntnln himself
during the pendency of this netion,
15. l'lnlnUff's II1\:oll1e is not sumeientto provide Illr his rensonuhle needs nnd
puy his ullorney's Ices nnd the costs of this Iltigutlon,
16, Delendnnt hus ndequute cumings to provide Il)r the l'lnlfltifl's support und to
pay his counsel tees. costs nnd expenses,
COUNT II . t\LIMONY
17, Paragrnphs I through 16 ofl'lnintiff's COll1plaint nnd Delendunt's Answers
thereto are incorporuted herein by reference thcreto,
18. Plalntil'f1acks sufficient property to provide Illr her reasonable needs,
19, PlaintifT is unable to sufficiently support herscl I' through nppropriate
employment.
20, Defendant hns sufficient income und assets to provide continuing support
tor the Pluintiff.
WHEREFORE. Defendant requests this Honorable Court:
a, Enter a decree of divorce;
b, Compel Plaintiff to pay alimony pendente lite to Defendant;
3
IJII\;'11
MARK SANTACROCE,
Plaintiff
IN '1'IIE COUR'1' OF COMl>ION PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
DARLENE B. SAN'l'ACROCE,
Defendant
NO. 97-6640 CIVIL TERM
ORDj;R OF COUR'I'
AND NOW, this IL~ day of February, 1998, upon consideration
of Defendant's Motion for lIearing on the issue of her claim for
alimony pendente lite, the matter is referred in the first instance
to the Domestic Relations Office and Domestic Relations Officer
R.J. Shadday is requested to schedule a conference.
BY THE COURT,
Jay R. Braderman, Eeq. _ /},:l . t.,,;,(l,"
126 Locust Street
P.O. Box 965
Harrisburg, PA 17100-0965
Attorney for Plaintiff
Maria Cognetti, Esq.
200 North Third Street
12th Floor
Harrisburg, PA 17108
Attorney for Defendant
,'J" ;; fll3
..., -/ . ~ .
(,~ I
~ J. Shadday
~omestic Relations Officer
Court Administrator
:rc
, .
,
f 'WllmllW!i\WI'WINtjlJJ'IIl^nrf"tj\~M"!1 Al'/tlI Mill
U419.
MARK SANTACROCl~,
PluinliC!'
IN TilE COURT OF COMMON PI.I':AS
CUMBERLAND COUNTY, PI':NNSYLV ANIA
v,
NO, 97-6640
<I I..J:') n
, 0) "
, ." ;'J
"'1ti , .,
r.~ J I .1) 11 :rJ
~ ~ .. t. I ' ~l~
(,'J, l,C.' ,'., ()
! :. ::~ 1'1
L.,.
I) .
.' ., ~
:,.: ~ , ':';l ';;'11
~.:~
:.1 ::> '1".
'<. ')1 ~
DARLENE 13, SANTACROCE,
lklcndunt
CIVIL ACTION -I.AW
IN DIVORCE
MOTION FOR HEAfUNG
AND NOW comcs lhe lJelcndunl. Durlene SuntuCroce, by her 1l1lol'/1ey, Maria P.
Cognclli, Esquire, and moves this Courllo enter un Order selling the case fiJr hCilring und
in supportthereo!' respect!i1l1y represents thaI:
I, Plainliff is Murk SantaCroce. who currently resides at 502 Barry Court,
Meehanicsburg, Pennsylvania,
2, Del~~ndant is Darlene B. SantaCroce, who currently resides at 900 Acri
Road, Mechanicsburg, Pennsylvania,
3, Plaintif!' and Dclcndant were married on April II, 1992,
4. A Complaint in Divorce was liIed to the abow term and number on
December 2, 1997,
5, On or about January 20, 199R, Dcf(:ndanl filcd an Answcr and
Countcrclaimto Plail1lifl's Complaint in Divorce requesting, il/ler alia, alimony pendcnte
lite,
MARI{ SI\N'I'I\CIlOCE,
Plaintiff
v.
I IN 'I'IIE COUIl'I' OF COMMON PLEAS
I CUMBERLI\ND COUNTY, PENNSYLVANIA
I
I NO. 97-6640
I
I CIVIL ACTION - LAW
I IN DIVORCE
DARLENE SI\NTI\CROCE,
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this
~.,..!
day of ~, 1998, it
appearing to the Court that:
A. The parties hereto were formerly husband and wife having
been divorced on July 1, 1990, by a Decree entered by this Court at
the above term and number;
B. Mark Santacroce, date of birth May 20, 1962, (Social
Security No. 097-48-5445), hereinafter referred to as "Member", ia
employed by U.S. Healthcare, Inc., 205 West 4th Street, Suite 1000,
P.O. Box 5317, Cincinatti, Ohio 45201-5317.
Member currently
resides at 9845 Dartmouth Way, Loveland, Ohio 45140.
C. Darlene Santacroce, date of birth February 12, 1964,
(Social Security No. 214-68-0704), hereinafter referred to as
"Former Spouse", is employed by 'l'rue Temper Hardware, Railroad
Avenue, Shiremanstown, Pennsylvania.
Former Spouse currently
residos at 5 Robin Court, Mechanicsburg, Pennsylvania 17055.
D. Mark Santacroce is a participating member of an account
fund in his name known as U.S. Healthcare Inc. Savings Plan.
E. Darlene Santacroce it! a participating member of an
account fund in her name known ae the True Temper Savings Plan.
F. Pursuant to the above referenced divorce and Marital
Settlement Agreement between Membe!: and ~'ormor Spouse, Member, Mark
Santacroce, is to transfer from his U.S. Healthcare Inc. Savings
Plan, the sum of $19,850.00 plus accrued earnings on said Bum
calculated from July I, 199B 1-.0 elate of transfer, to the Former
SpouBe's, Darlene Santacroce'B, True Temper Savings Plan.
NOW THEREFORE:
1. The plan administrator, or any like entity, of the U.S.
Healthcare Inc. Savings Plan, held in the name of Mark Santl.lCrOCe,
Social Security No. 097-48-5445, is directed to transfer the Bum of
$19,850.00, plUA accrued earning a on said Bum of $19,B50.00, with
such earnings calculated from July 1, 1998, to date of transfer; to
the True Temper Savings Plan, Railroad Avenue, Shiremanstown,
Pennsylvania, held in the name of and for the benefit of Darlene
Santacroce, Social Security No. 214-68-0704. The transfer check
should be made payable to: True Temper Savings Plan for the
benefit of Darlene B. Santacroce, accountU 214680704).
2. Mark Santacroce shall promptly submit this Order to Aetna
U.S. Healthcare, USHC, 151 Farmington Avenue, R52A, Hartford,
Connecticut, 06156.
.
,
.... a) E;
r.r;
wI, 7-
';-..; .. g~
I, J ~. -.1
~~.U ,"I:
I'~ ., IJ.. '~~
I",
~l( r-
fi1i I )~
'. ~~ ()
:::J filb'::
" ~
" 0;:)
~1 <:;) Q