HomeMy WebLinkAbout98-00877
MARITAL SE7TLEMENT AGREEMENT
BY AND BETWEEN
KENNETH L. 02/0
AND
DONNA M. 02/0
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Jordan D. Cunningham. Esquire
Cunningham & Chemicoff. P,C,
2320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
(AI/orney/or Kenneth L, Ozio)
/lliclwel L. Bangs, Esquire
302 So/llh 18th Street
CampHiI/. PA 1701l
(AI/orney/or Donna M. Ozio)
MAIUT AL SETTLEMENT AGREEMENT
TI-IIS AGREEMENT is made by and between KENNETH L. OZIO of Harrisburg, Dauphin
County, Pennsylvania (hereinafter referred to as "HUSBAND"), and DONNA M. OZIO of Camp
Hill, Cumberland County, Pennsylvania (hereinatler relerred to as "WIFE"),
WITNESSETH:
WHEREAS, WIFE was born on July 6, 1964, and currently resides at 19 Stephen Road,
Camp Hill, Cumberland County, Pennsylvania;
WHEREAS, HUSBAND was born on March 2, 1960, and currently resides at 41 00
Rawleigh Street, Harrisburg, Dauphin County, Pennsylvania;
WHEREAS, the parties hereto are husband and wife, having been married on July 15, 1989,
in Enola, Cumberland County, Pennsylvania;
WHEREAS, the parties are the parents of the following minor child:
Name Sex Dale of Birth
Joshua E. Ozio M 2/22/92
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 L.~.ween them relating to the ownership of real and personal property, the
support 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.
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NOW, THEREFORE, in considerntion ofthesc prcmiscs, and of the mutual promises,
covenants, and undertakings hereinafter setlorth, and for othcr good and valuable considerntion,
receipt and sufficicncy of which is hereby acknowledgcd by each ol'the parties hereto, HUSBAND
and WIFE, each intending to be legally bound hcreby, covenant and agree as follows:
I. ADVICE OF COUNSEL: The provisions ol'this Agreement and their legal effect
have been fully explained to HUSBAND by his counsel, Jordan D. Cunningham, Esquire and to
WIFE by her counsel, Michael L. Bangs, Esquire. Each party acknowledges that he or she has had
the opportunity to receive independent legal counscl of his or her selection, and that each fully
understands the facts and his or her legal rights and obligations, and each party acknowledges and
accepts that this Agreement is, in the eircumstanccs, fair and equitable, and that it is being entered
into freely and voluntarily, and that execution of this Agrcement is not the result of any duress or
undue influence, and that it is not the result of any improper or illegal agreement or agreements. In
addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania
Divorce Code, 23 Pa. C.S.A. 931 OJ, et ~., whereby the Court has the right and duty to determine
all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or property owned or possessed individually by the other,
counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or
her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that
the terms and conditions set forth herein arc fair, just and equitable to each of the parties, and
waives his und her respcctive right to hnvc thc Court OfC0I11Ill0n Plcns 01' Dauphin County, or Ilny
other court of competent jurisdiction, makc any dctcnllinlltion or ordcr Illlccting the rcspective
parties' rights to alimony, ulimony pendente litc, equitable distribution of nil marital property,
counsel fces nnd costs of litigation, or uny other right arising fromth<: partics' marriage.
2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowlcdges that he or
she is aware of his or her right to engage in discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, nnd ull other means of discovery permitted under the Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Procedure nnd each of the parties spccifically waives his or her right to
engage in nny further discovery. Each of the parties further acknowledges that he or she is aware of
his or her right to have the real and/or personal property, estate and assets, earnings and income of
the other assessed or evaluated by the Courts of this Commonwealth or nny other Court or
competent jurisdiction. The respective parties do hereby warrant that there has been full nnd fair
disclosure to the other of his or her income, assets and liabilities, and each party agrees that nny
right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby
specifically waives, and the parties do not wish to make or append hereto any further enumeration
or statement. The parties hereby acknowledge and agree that, based upon the warrnnts of
disclosure, the division of the marital assets as set forth in this Agreement is considered fair,
reasonable nnd equitable, and is satisfactory to them. Each of the parties hereto further covenant
and agree, except us otherwise provided herein, for himself und herself and his or her hcirs,
executors, administrators or assigns, that he or she will never at any time hereuller sue the other
party or his or her heirs, executors, administrutors or assigns in uny action of contention, dircct or
indirect, and allege therein that there \Vus uny duress, undue influence, or thattherc was alitilure to
have available full, proper and independent representution by legal counsel.
3. EQUITABLE D1STRIDUTION:
(a) Personal Property: HUSBAND warrants and represents to WIFE, and WIFE
warrants and represents to HUSBAND, that they have effected a fair and equitable division of all
marital property of the parties, and that any und all marital property, except as expressly provided
herein, presently in possession or under the control of WIFE shall be the property solely of WIFE,
and that uny and all marital property, except as expressly provided herein, presently in possession
or under the control of HUSBAND shall be the property solely of HUSBAND.
Neither party shallmnke any claim to any items of marital property, or of the separate
personal property of either party, which are awarded to the other pursuant to the provisions of this
Agreement or which are now in the possession and/or under the control of the other. Should it
become necessary, the parties each agree to sign, upon request, any titles or documents necessary to
give effect to this paragruph. Property shall be deemed to be in the possession or under the control
of either party if, in the case oftungible personul property, the item is physically in the possession
or control of the party ut the time of the signing of this Agreement, and in the cuse of intangible
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policy or certificatc ofinsuf8ncc or other similar writing is in the possession or control of the party.
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personal property, ifany physical or written cvidencc ofowncrship, such as passbook, chcckbook,
HUSBAND and WIFE do hcreby waive and forever relcase any interest or right either may
have to make any claim against or to assert any intercst or right to or in any rctirement plan,
pension plan, profit sharing plan, or other employee benefits of any nature or type earned or
provided to the other.
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4. CUSTODY OF MINOR CHILD: HUSBAND and WIFE agree that HUSBAND
and WIFE shall have shared legal physical custody of the parties' minor child. "Physical custody"
as used herein shallmcan actual physical possession and control of a child. "Legal custody" as
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\:3ed herein shall mean the legal right to make major decisions affecling the best interest of a minor
child, including major medical, religious and educational decisions; educational decisions shall be
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defined as those decisions directly related to or all'ecting the academic perfomnance of a minor child
in the e1assroom.
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WIFE shall have primary physical custody of said minor child. Custody of the minor child
shall be transferred between the parties on a weekly basis, or as the parties may otherwise mutually
(a) Weekend Visitation: Commencing on the date of this Agreement, every other
agree upon.
weekend from Friday after school or 3:00 p.m., whichever is later, until Sunday at 6:00 p.m.,
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providcd however, that HUSBAND shall notify WIFE at least live (5) days prior to his weekend
visitation in the event he chooses not to exercise his weekend visitation rights.
(b) Wcekday Visitation: Commencing on the date of this Agreement, every
Wednesday after school or 3 :00 p.m., whichever is later, until 6:00 p.m.
(c) Summer Vacation: HUSBAND shall have the child for three (3) weeks of each year
during the Summer vacation of the child. HUSBAND shall provide WIFE with at least thirty (30)
days prior written notice of the period he will so exercise his summer vacation period of temporary
custody.
(d) Holidavs: The parties shall alternate having the child from 8:00 a.m. to 6:00 p.m.
on the following holidays, with Mother having the first of such days - New Year's Day, Easter,
Memorial Day, July Fourth, Labor Day, Veteran's Day and Thanksgiving. Father shall have the
child on Father's Day and Mother shall have the child on Mother's Day.
(e) Christmas: In even-numbered years, from 9:00 a.m. on December 23rd until 12:00
p.m. on Christmas Day. In odd-numbered years, from 12:00 p.m. on Christmas Day until 6:00 p.m.
on December 27th.
(t) Birthday: Three (3) continuous hours on the child's birthday from 5:00 p.m. until
8:30p.m.
(g)
Other: Such other times as the parties may hereinafter agree.
(h) Trnnsportation: In all cases, HUSBAND shull provide the trunsportation, unless one
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ol'the parties shall move beyond a filly (50) mile radius Ii-om Camp Hill, Pennsylvania, in which
event the cost oftransportation of the child shall be borne by the party who moved with the rate of
mileage reimbursement cqualto that allowed by the then currcntlRS regulations.
(i) Harnssmcnt or Interference: The parties further agree that they will not utilize the
right of custody or visitation in order to harass or interfere with the other's right to live and remain
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separate and apart from each other. In the cventthat either party utilizes custody or visitation rights
to harass or interfere as hereinabove described, thc parties expressly agree that, in addition to all
other legal and equitable remedies available to them, they may make immediate application with a
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court of appropriate jurisdiction to pursue appropriate judieial remedies for said harassment or said
interference.
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G) Entry of Court Order: HUSBAND and WIFE agree to the entry of a Court Order of
Custody in accordance with the terms and provisions of this Agreement by a court of competent
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jurisdiction.
(k) Other Custodv Rights: In addition to any provisions which may be contained herein
regarding custody rights set forth hereinabove, each party shall have the following rights with
respect to the child: reasonable telephone calling privileges from 6: 15 p.m. to 8:00 p.m., provided
that cach party may exercise his or her telephone calling privileges a maximum of two (2) nights
per week; access to report cards and other relevant information concerning the progress of the child
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in school; approval of extraordinary medical and/or dentaltrealment except in the case of an
emergency and providcd that such approval shall not be unreasonably withheld. Each of the parties
agree to provide the other with their address and telephone numbers, and to advise of any change
thereof within ten (10) days.
(I) Illness of Child: In the event of any serious illness of the child at any time, the party
then having physical custody of the said child shall immediately communicate with the other party
by telephone or any other means, infonning the other party of the nature of the illness. During such
illness, each party shall have the right to visit the child as otten as he or she desires, consistent with
the proper medical care of the child.
5. DEBTS AND lNDEMNIFICA TION: HUSBAND and WIFE represent and
warrant to each other that except as provided herein, neither one has contracted, since separation or
will in the future contract, any debts, charges or liabilities whatsoever for which the other party or
their property or their estates shall or may be or become liable or responsible, and they covenant
that they will at all times keep each other free, harmless and indemnified against and from any and
all debts and liabilities heretofore or hereafter contracted or incurred by the other, except as
expressly provided in this Agreement.
HUSBAND agrees to timely pay and be solely responsible for, and to indemnify and hold
harmless WIFE from liability of the marital debts as of the date of separation as follows:
(a) West Shore Teachers Credit Union; and
(b) One-half of the principal balance, plus accrued interesl and costs, if any, to
the Summerdale Fire Company ($845.75).
HUSBAND furthcr agrees to timely pay and be solely responsible for, and to indemnify and
hold harmless WIFE from liability on the debt owcd to Factory Ford.
WIFE agrees to timely pay and bc solely responsible for, and to indemnify and hold
harmless HUSBAND from liability of the marital debts as of the date ofseparntion as follows:
(a) One-half of the principal balance, plus accrued interest and costs, if any, to
the Summerdale Fire Company ($845.75); and
(b) Milton S. Hershey Medical Center.
The parties recognize that each of them may have, prior to the execution of this Agreement,
allegedly paid certain amounts against the above listed debts and as a result, the principal balance of
the debts as of the date of the execution of this Agreement may be less than at the time of
separation.
6. WAIVER OF BENEFICIARY DESIGNATIONS: Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in
and to any asset, benefit or like program carrying a beneficiary designation which belongs to the
other party under the terms of this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation plans, life insurance policies,
annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution
scheme, and cach party expressly statcs that it is his and her intention to revokc by the terms of this
Agreement any beneficiary designations naming the other which are in effcct as ofthe date of
execution of this Agreement. I f and in the event the other party continues to be names as a
beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to
be !be estate ofthc deceased party. Notwithstanding the foregoing, however, in the event !bat either
party hereto specifically designates the other party as a beneficiary of any asset after the date of
execution of this Agreement, then this waiver provision shall not bar that party from qualifYing as
such beneficiary.
7. RELEASE OF CLAIMS:
(a) HUSBAND and WIFE acknowledge and agree that the property dispositions
provided for herein constitute an equitable distribution of their assets and liabilities pursuant to
Section 3502 of the Divorce Code and HUSBAND and WIFE hereby waive any right to division of
their property except as otherwise provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in
or to property transferred to the other party pursuant to this Agreement or identified in !bis
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 is released or discharged from any
obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. HUSBAND und WIFE shllll herculler ownllnd enjoy indcpendently of any claim or
right of the other, ucquired by him or her from the datc of cxecution of this Agrcement with full
power in him or her to dispose of the slime fully and effectively for all purposc.
(b) Each party hercby ubsolutely and unconditionally releases and forever discharges
the other and the estate of the other for all purposes from any und ull rights and obligations which
either party may have or at any time hereafter has for past, present or future support or
maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses
and any other right or obligation, economic or otherwise, whether arising out ofthe marital
relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of
1980 its supplements and amendments, as well as any other law of any other jurisdiction, except
and only except all rights and obligations arising under this Agreement or for the breach of any of
its provisions.
(c) Except as otherwise provided herein, each party hereby absolutely and
unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or obligations
arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter
arising. The above release shall be effective regardless of whether such claims arise out of any
former or future acts, contracts, engagements 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 takc against the spouse's will, or the right to treat a lifetime conveyance by thc other as
testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate,
whether arising under the laws of Pennsylvania, any state, commonwcalth or tcrritory of the United
States, or any other country.
8. PRESERVATION OF RECORDS: Each party will keep and preserve for a period
offour (4) years from the date ofdivorcc 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 audit.
9. MODIFICATION: No modification, rescission, or amendment to this Agreement
shall be effective unless in writing signed by each of the parties hereto.
10. SEVERABILITY: lfany provisions of this Agreement is held by a court of
competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force effect without being impaired or invalidated in any
way.
I I. BREACH: If either party hereto breaches any provision hereof, the other party shall
have the right, at his or her election, to sue for damages for such breach, or seek such other
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remedies or relief as may be available to him or her. The non-breaching party shall be entitled to
recover from the breaching party all costs, expenses and legal fees actually incurred in the
12. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement
enforcement of the rights of the non-breaching party.
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by the other party will not be deemcd a waiver ofuny other breach or any provision of this
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Agreement.
13. NOTICE: Any notice to be given under this Agreement by either party to the other
shull be in writing and muy be effective by registered or certified muil, return receipt rcquested.
Notice to WIFE, will be sufficient if made or addressed to the following:
DONNA M. OZIO
19 Stephen Road
CampHiII,PA 17011
.
KENNETH L. OZIO
4100 Rawleigh Street
Harrisburg, P A 17109
and to HUSBAND, if made or addressed to the following:
Each party may change the address for notice to him or her by giving notice of that change in
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accordance with the provisions of this paragraph.
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14. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed
and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement.
15. AGREEMENT BINDING ON P ARTlES AND HEIRS: This Agreement, except as
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otherwise expressly provided herein, shall bind the parties hereto and their respective heirs,
executors, udministrators, legal representatives, assigns, and successors in any interest of the
parties.
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16. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully
read this Agreement, including all other documents to which it rcfers; that he or she has had the
opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it
voluntarily; and that this instrument expresses the entire agreement between the parties concerning
the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not
strictly for or against either of the parties.
17. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall
supersede and any and all prior agreements between the parties.
18. lNCORPORA TION OF DOCUMENTS: All documents and other instruments
referred to in this Agreement are incorporated into this Agreement as completely as if they were
copied verbatim in the body of it.
19. MUTUAL COOPERATION: Each party shall on demand execute and deliver to
the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance
policies or other benefits or assets, 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 provisions and
purposes of this Agreement. If either party unreasonably fails on demand to comply with these
provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses
actually incurred as a result of such failure.
20. DATE OF EXECUTION: The "date of execution" or "execution date" of this
Agreement shall be defined as the date Upoii which it is executed by the partics if they each have
executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date"
of this Agreement shall be defined as the date of execution by the party last executing this
Agreement.
21. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as
of
22. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into
the parties' divorce decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity specifically are
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not waived or released.
23. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This
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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. This Agreement
shall continue in full force and effect and there shall be no modification or waiver of any of the
terms hereof unless the parties in writing execute a statcment declaring this Agreement or any term
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of this Agreement to be null and void.
24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of
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COMMONWEALTH OF PENNSYL VANIA
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COUNTY OF DAUPHIN
2..0( J :10 e) ;}..
On this,the~ day of (II) :~, before me, n Notary Public, the undersigned
oflicer, personnlly appeared KENNETH L. OZIO known to me (or satisfactorily proven) to bl' the
person whose name is subscribed to the foregoing Marital Settlement Agreement and
acknowledged that he executed the snme for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official senl.
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COMMONWEALTH OF PENNSVL VANIA
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BIltncI1e A, Mon1Icn. NoWy f'1iJIio
CIty Of HIn1Ibutll, ~ CIlooIY
My CommiIIIOfl fipitH NIN, 8, m
MerlClIf. F'onnoytYanIa _lion 01 NoIa1Iell
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COUNTY OF CUMBERLAND
On this, the.JJ day J\ n n. , 200 I, before me, a Notary Public, the undersigned
officer, personally nppeared ~ZIO known to me (or satisfactorily proven) to be the
person whose nnme is subscribed to the foregoing Marital Settlement Agreement and
acknowledged that she executed the snme for the purposes therein contained.
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NOTAll4J. Sl:AL
WENDY S. CHESllRO. Nola/}' Fvbllc
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KENNETH L. OZIO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98 - 877 CIVIL
CIVIL ACTION - LAW
DONNA M. OZIO,
Defendant
IN DIVORCE
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
li3301 (c) or 3381 (d) (1) of the Divorce Code. (Strike out
inapplicable section.)
2. Date and manner of service of the Complaint:
Defendant received the Complaint on Februarv 19. 1998 bv
certified mail. return receipt reauested. restricted deliverv.
as evidenced bv the Certificate of Service filed to the within
number.
3. (Complete either Paragraph (a) or (b)).
(a) Date of execution of the Affidavit of Consent
required by li3301 (c) of the Divorce Code: by Plaintiff:
January 10, 2002; Defendant: January 9, 2002.
(b) (1) Date of execution of the Affidavit required by
li3301(d) of the Divorce Code: N/A
(2) Date of filing and service of the Plaintiff's
Affidavit upon the respondent: N/A
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KENNETH L. OZIO,
plaintiff
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
Q'8- 8rn
NO.
CIVIL ACTION - LAW
DONNA M. OZIO,
Defendant
IN DIVORCE
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 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 indignities or
irretrievable breakdown of the marriage, you may request
marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary at Cumberland
County courthouse, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Cumberland county Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
Date:
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P.c.
itted,
dan D cunningham, Esquire
. D. #23144
320 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA
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COUNTY
OF
DAUPHIN
The Plaintiff, being duly sworn according to law, deposes
and says that he is the Plaintiff in the above captioned
matter and that he personally knows that the Defendant is over
the age of eighteen (18) years.
The Plaintiff further avers that the Defendant is not in
the Military service or in any branch of the Armed Forces of
the united States of America or its Allies or otherwise within
the provisions of the Soldiers' and Sailors' civil Relief Act
of Congress of 1940 and its Amendments.
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SWORN and Subscribed to
this IS ~day
1998.
. f--u..-<..z..-/'--'
NOlanal eal
Blanche A. Momson. NOlary Public
Harrisburg. Dauphin County
My CommiSSion e,pires Nov. 8. 2001
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KENNETH L. OZIO,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 9B -B77
CIVIL ACTION - LAW
DONNA M. OZIO,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under !i3301 (c) of the
Div9rce Code was filed on February 17, 199B.
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 of
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 1B Pa.C.S.
!i4904 relating to unsworn falsification to authorities,
Date: j. jO-otL
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;'KENNETH L. OZIO
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KENNETH L. OZIO,
plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 9B-B77
CIVIL ACTION - LAW
DONNA M. OZIO,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under !i3301 (c) of the
Divorce Code was filed on February 17, 199B.
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 of
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 IB Pa.C.S.
!i4904 relating to unsworn falsification to authorities.
Date:
I ~ C7 -O.-X
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KENNETH L. OZIO,
Plaint if f
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98 - 877
CIVIL ACTION .. LAW
DONNA M. OZIO,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER ~33011CI OF THE DIVORCE CODE
1. I consent to the entry of a Final Decree of Divorce
witl;1out notice.
2. I understand that I may lose rights concerning
ali~ony, 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
are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.
~4904, relating to unsworn falsification to authorities.
Date:
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KENNETH L. OZIO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 98 - 877 CIVIL
DONNA M, OZIO,
Defendant
CIVIL ACTION - ACTION
IN DIVORCE
PLAINTIPP'S AND DEPENDANT'S SOCIAL SECURITY NUMBERS
1. Plaintiff's, Kenneth L. Ozio, Social Security Number
is 202-46-5508.
2. Defendant's, Donna M. Ozio, Social Security Number
is 121-54-4383.
Date:Januarv 14. 2002
Respectfully submitted,
C~~& COFF, P.C.
G ~
ordan unningham, Esquire
I.D. H44
232 North Second Street
P. O. Box 60457
Harrisburg, PA 17106-0457
Telephone: (717) 238-6570
(Attorneys for Plaintiff)
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IN TilE COURT OF COMMON PLEAS OF
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CIVIL ACTION - LAW
NO. 00--B11 CIVIL 19
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IN DIVORCE
STATUS SIIEET
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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KENNE'rH L. OZIO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 98 - 877 CIVIL
DONNA M. OZIO,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jordan D. Cunningham
Kenneth L. Ozio
, Counsel for Plaintiff
, Plaintiff
Michael L. Bangs
Donna M. Ozio
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 16th day of January 2002, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
November 8, 2001
E. Robert Elicker, II
Divorce Master
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MICHAEL L. BANGS
ATTOI{NHY AT LA'"
JIl2 HOUTlllXlll HTllEliT CAMI'IIII.I., 1',\ 171111
l'II0NH 717.7.11l.7.1\1l
FAX 717.7JIl.7.17.1
H.lI1ull: l1illu:'t!.1n.n:..@nOllllllllll..L:1111I
October 26, 200 I
E. Robert Elicker, II, Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Ozio 1'. Ozio
No. /998-877 Cil'il
Dear Mr. Elicker:
If you recall, the parties left the conference on August 17, 2001, indicating that we had
reached an agreement. Unfortunately, the agreement has not materialized thus far.
I am requesting that you schedule a pre-trial conference with all four parties. If the
agreement is forthcoming and completed, then I will notify you accordingly. Otherwise, I want
to keep this on track to get it finalized.
V ry truly yours,
VV\
ichael L. Bangs
wsc
cc: Mrs. Donna M. Ozio
Jordan D. Cunningham, Esquire
.,....
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Masler
Tr.cl do Colyer
Ollice Manager/Reporter
West Shore
697.0371 Ext. 6535
April 30,2001
Jordan D. Cunningham, Esquire
CUNNINGHAM & CI-IERNICOFF
2320 -North Sccond Strcct
P.O. Box 60457
Harrisburg, P A 17106-0457
Michllcl L. Bangs, Esquirc
302 South l8'h Strect
Camp Hill, PA 17011
RE: Kenncth L. Ozio vs. Donna M. Ozio
No. 98 - 877 Civil
In Divorcc
Dear Mr. Cunningham and Mr. Bangs:
I am writing in response to Mr. Bangs' lcllcr of April 26,200 I, indicating that the
parties have been unablc to rcsolve the case through ncgotiations at this point.
Conscquently, Mr. Bangs is rcquesting thut I issue unothcr directive for pretrial
statements.
In accordancc with P.R.C.P. 1920.33(b) I am directing cach counsel to filc a
pretrial statcmcnt on or beforc Monday, Junc 4, 2001. Upon receipt oflhe pretrial
statements, I will immediutely schcdulc a pre-hcaring conference with counsclto discuss
thc issucs and, if ncccssary, schcdule a hcaring.
Vcry truly yours,
E. Robcr! Elickcr, II
Divorcc Mustcr
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COlJNl Y
COURT OF COMMON Pl.EAS
9 North Hanove, Sire,!!
Carlisle. PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorco Maste,
Traci Jo Colyer
Ollice Manager/Reporter
West Shore
697.0371 Ex!. 6535
January 17, 2001
Jordan D. Cunningham, Esquire
CUNNINGHAM & CHERNICOFF
2320 North Second Street
P.O. Box 60457
Harrisburg, PA 17106-0457
Michael L. Bangs, Esquire
302 South 18th Street
Camp Hill, PA 17011
RE: Kenneth L. Ozio vs. Donna M. Ozio
No. 98 - 877 Civil
In Divorce
Dear Mr. Cunningham and Mr. Bangs:
Mr. Bangs returned a certification document regarding discovery dated
November 14, 2000, indicating that discovery was complete. Mr. Cunningham has
not respanded.
I am going to proceed with the directive for pretrial statements assuming
that there will be na discovery issues raised at the pretrial level.
A divorce complaint was filed on February 17, 1998, raising grounds for
divorce of irretrievable breakdown of the marriage and indignities. The complaint
also raised the economic claim of equitable distributian. No claims for alimany or
counsel fees and costs have been raised by either party.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, February 23, 2001. Upon receipt of the
pretrial statements, I will immediately schedule a pre-hearing conference with
JOllDAN D. CUNNINGIIMI
IlOlIEllT E, CIIElINICOFF
MAlIC IV. IVITZIl;
HENIlY IV. V,\N ECK
CUNNINGHAM & CHERNICOFF, P.e.
ATTOI{NEYS AT I.AW
1'.0. BOX fiO.157
HAlmISBUI{G. PENNSYLVANIA 17IOfi.()-157
IIEIlSI my TEI.EI'IIONE
(717) S34.2H33
illS NO. 2.1-2274 m
Shel'l Alld res!>:
2.1211 N. 2nd SItl'<'!
H.1rrlsbllr~.I'^ 17110
TEI.I'l'llllNE (717) 2.1H.hS711
I',\X (717) 23H..IHt~)
June 4, 2001
E. Robert Elicker, II Esquire
9 Hanover street
Carlisle, PA 17013
Re: Ozio v. Ozio
Our File No. 413897
Dear Bob:
Enclosed is Plaintiff's Pre-Trial Memorandum with regard to
the above captioned matter.
Thank you for your consideration of this matter.
_,' P.C.
JOC/bam
Enclosure
cc: Michael L. Bangs, Esquire (w/enc.)
Kenneth L. Ozio (w/enc.)
KENNETH L. OZIO,
Plaintiff
vs.
)
)
)
)
)
)
)
)
CIVIL ACTION - LAW
IN DIVORCE
IN TIlE COURT or COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
DONNA M. OZIO,
NO. 98-877 CIVIL TERM
Defendant
MOTION FOR AI'POINTMENT OF MASTER
DONNA M. OZIO, Defendant, moves the court to appoint a Master with respect to the
following claims:
( X ) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendentc Lite
( X ) Distribution of Property
( ) Support
( ) Counsel rees
( ) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a Master is
requested.
2. The Plaintiff (X ) has ( ) has not appeared in the action ( ) personally ( X ) by
his attorney, Jordan D. Cunningham, Esquire.
i
"
3. The statutory ground(s) for divorce (is) (are): 3301(c). Irretrievable breakdown.
4. Check the applicable paragraph(s), by check mark:
( ) The action is not contested.
l ) An agreement has been reachcd with respect to the following claims:
( X) The action is contested with respect to the following claims: Equitable
Distribution.
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5. The action ( ) involves ( X ) does not involve complex issues of law or fact.
6. The hearing is expected to take one-half day.
.1:.,,,
CUNNINGHAM & CHERNICOFF, P.c.
ATTOllNEYS AT LAW
E. Robert Elicker, Esquire
February 23, 2001
Page Two
Thank you for your consideration of this matter.
Very truly yours,
CUNN & ICOFF, P.C.
JDC/bam
cc: Michael L. Bangs, Esquire
Kenneth L. ozio
1)/ICl"',\SlI'll;"M111.1ll;IAI.SfAfUtl:p.tTIIUNP.I. 11111 Illlllrr;11
Respectfully submitted,
t--f. },
MICHAEL L. BAN
Attorney for Defen [Jnl
302 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
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MARITAL SETTLEMENT AGREEMENT
TI-IIS AGREEMENT is made by and between KENNElll L. OZIO or Harrisburg. Dauphin
County, Pennsylvania (hereinafter referred to as "HUSBAND"). and DONNA M. OZIO of Camp
Hill, Cumberland County, Pennsylvania (hereinaftcr referred to as "WIFE"),
WITNESSETH:
WHEREAS, WIFE was bom on July 6, 1964, and currently resides at 19 Stcphen Road.
Camp Hill, Cumberland County, Pennsylvania;
WHEREAS, HUSBAND was born on March 2, 1960. and currcntly resides at 4100
Rawleigh Street, Harrisburg, Dauphin County, Pennsylvania;
WHEREAS, the parties hereto are husband and wife, having been married on July 1 S. 1989.
in Enola, Cumberland County, Pennsylvania;
WHEREAS, the parties are the parents of the following minor child:
~ Sex Date of Birth
Joshua E. Ozio M 2/22/92
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
finaneial 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 personal property, the
support 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 considcration ofthcsc prcmiscs.llnd orthe mutual promiscs.
covcnants, and undertakings hereinafter set forth, and for other good and valuablc consideration.
receipt and sufficiency of which is hereby acknowledged by cach of the partics hereto. HUSBAND
I. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect
and WIFE, each intending to be legally bound hereby, covenant and agree as follows:
have been fully explained to HUSBAND by his counsel, Jordan D. Cunningham. Esquire and to
WIFE by her counsel, Michael L. Bangs, Esquire. Each party acknowledges that he or she has had
the opportunity to receive independent legal counsel of his or her selection, and that each fully
understands the facts and his or her legal rights and obligations, and each party acknowledges and
accepts that this Agreement is, in the circumstances, fair and equitable. and that it is being entered
into freely and voluntarily, 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 improper or illegal agreement or agreements. In
addition, each party hereby acknowledges that he or she is aware ofthc impact of the Pennsylvania
Divorce Code, 23 Pa. C.S.A. 113 I 0 I, !:! ~., whereby the Court has the right and duty to determine
all martial rights of the parties including divorce, alimony, alimony pendente lite, equitable
distribution of all marital property or properly owned or possessed individually by the other.
counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or
her rights thereunder, each party hereto still desires to execute this Agreement. acknowledging that
the terms and conditions set forth herein are fair, just and equitable to each of the parties, and
.'
waives his and her respective right to have the Court of Common Pleas of Dauphin County. or any
other court of competent jurisdiction, makc (lilY detcrmination or ordcr affccting the rcspcctivc
parties' rights to alimony, alimony pendente lite, equitablc distribution of all marital property.
counsel fees and costs of litigation, or any othcr right arising from thc parties' marriage.
2. DISCLOSURE OF ASSETS: Each of the parties herclo acknowlcdges that hc or
she is aware of his or her right to engage in discovery, including but not limited to, written
interrogatorics, motions for production or documents. the taking of oral dcpositions. the tiling of
inventories, and all other means of discovery permitted under thc Pennsylvania Divorce Code or the
Pennsylvania Rules of Civil Proccdure and each of the parties specifically waives his or her right to
engage in any further discovery. Each of the parties further acknowlcdges that he or she is aware of
his or her right to have the real and/or personal property, estate and assets, earnings and income of
the other assessed or evaluated by the Courts of this Commonwealth or any other Court or
competent jurisdiction. The respectivc parties do hcreby warrant that therc has been full and fair
disclosure to the other of his or her income, assets and liabilities, and each party agrees that any
right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby
specifically waives, and the parties do not wish to make or append hereto any further enumeration
or statement. The parties hereby acknowledge and agrec that, based upon the warrants of
disclosure, the division of the marital assets as set forth in this Agreement is considered fair.
reasonable and equitable, and is satisfactory to thcm. Each of the parties hereto further covcnant
.'
ond ogree, except os otherwise provided herein, for himsclrnnd hcrselrund his or her heirs.
executors. udministrators or assigns. thot he or she will never ot any time hereofier sue the other
porty or his or her heirs. executors. administrators or ossigns in any action of contention. direct or
indirect. and ollege therein that there was ony duress. undue influence. or that there was a failure to
have available full. proper and independent representation by legal counsel.
3. EQUITABLE DISTRIBUTION:
(0) Pcrsonal Property; HUSBAND warrants and represents to WIFE. and WIFE
warrants and represents to HUSBAND. that they have effected a fair and equitable division of all
marital property of the parties. and that any and all marital property. except as expressly provided
herein. presently in possession or under the control of WI FE shall be the property solely or WIFE.
and that any and all marital property. except as expressly provided herein. presently in possession
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or under the control of HUSBAND shall be the property solely of HUSBAND.
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Neither party shall make any claim to any items or marital property. or of the separate
Agreement or which arc now in the possession and/or under the control of the other. Should it
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personal property of either party. which are awarded to the other pursuant to the provisions of this
become neeessnry. the parties each agree to sign, upon request. any titles or documents necessary to
give effect to this parugruph. Property shall be deemed to be in the possession or under the control
of either party if. in the case of tangible personal property, the item is physically in the possession
or control of the party at the time of the signing of this Agreement, and in the case of intangible
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personal property. ifany physical or written evidence of ownership. such liS pllssbook. checkbook.
policy or certificate of insurance or other similar writing is inthc possession or control of the party.
HUSBAND and WI FE do hereby waive lInd forcver releasc any intcrest or right either may
have to make any claim against or to assert any intercst or right to or in any retirement plan.
pension plan, profit sharing plan, or other employee benefits of any nature or type earned or
provided to the other.
4. CUSTODY OF MINOR CHILD: HUSBAND and WIFE agree that HUSBAND
and WIFE sball bave shared legal physical custody of the parties' minor child. "Physical custody"
as used herein shall mean actual physical possession and control of a child. "Legal custody" as
used herein shall mean the legal right to make major decisions affecting the best interest of a minor
cbild, including major medical, religious and educational decisions; educational decisions sball be
defined as those decisions directly related to or affeeting the academic performance of a minor child
in the classroom.
WIFE shall have primary physical custody of said minor child. Custody of the minor child
sball be transferred between the parties on a weekly basis, or as the parties may otherwise mutually
agree upon.
(a) Weekend Visitation: Commencing on the date of this Agreement. every other
weekend from Friday after school or 3:00 p.m.. whichevcr is later. until Sunday at 6:00 p.m..
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provided however. that HUSBAND shall notifY WIFE at least live (5) days prior to his weekend
visitation in the event he ehooses not to exercise his weekend visitation rights.
(b) Weekday Visitation: Commencing on the date of this Agreement. every
Wednesday after school or 3:00 p.m.. whichever is later. until 6:00 p.m.
(c) Summer Vacation: HUSBAND shall have the child for three (3) weeks of each year
during the Summer vacation of the child. HUSBAND shall provide WIFE with at least thirty (30)
days prior written notice of the period he will so exercise his summer vacation period of temporary
custody.
(d) Holidays: The parties shall alternate having the child from 8:00 a.m. 10 6:00 p.m.
on the following holidays. with Mother having the first of such days - New Year's Day. Easter.
Memorial Day, July Fourth. Labor Day. Veteran's Day and Thanksgiving. Father shall have the
child on Father's Day and Mother shall have the child on Mother's Day.
(e) Christmas: In even-numbered years, from 9:00 a.m. on December 23rd until 12:00
p.m. on Christmas Day. In odd-numbered years, from 12:00 p.m. on Christmas Day until 6:00 p.m.
on December 27th.
(I)
8:30 p.m.
(g)
Birthday: Three (3) continuous hours on the child's birthday from 5:00 p.m. until
Other: Such other times as the parties may hereinafter agree.
"
(h) Transportation: In nil cases. HUSBAND shall provide the transportation. unless one
of the parties shall move beyond lIlifty (50) mile rudius from Camp Hill. Pennsylvania. in which
event the cost of tr.'.'1sportation of the ehild shall be borne by the party who moved with the rate of
mileage reimbursement equal to that allowed by the then current IRS regulations.
(i) Harassment or Interference: The parties further agree lhatthey will not utilize the
right of custody or visitation in order to harass or interfere with the other's right to live and remain
separate and apart from each other. In the event that either party utilizes custody or visitation rights
to harass or interfere as hereinabove described. the parties expressly agree that. in addition to all
other legal and equitable remedies available to them. they may make immediate application with a
court of appropriate jurisdiction to pursue appropriate judicial remedies for said harassment or said
interference.
U) Entry of Court Order: HUSBAND and WIFE agree to the entry ofa Court Order of
Custody in accordance with the terms and provisions of this Agreement by a court of competent
jurisdiction.
(k) Other Custody Rights: In addition to any provisions which may be contained herein
regarding custody rights set forth hereinabove. each party shall have the following rights with
respect to the child: reasonable telephone calling privileges from 6: 15 p.m. to 8:00 p.m.. provided
that each party may exercise his or her telephone calling privileges a maximum of two (2) nights
per week; access to report cards and other relevant infornllltion concerning the progress of the child
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in school; approvnl of extrnordinnry medicaland/or dental treatment exccpl in the case of nn
emergeney and provided that such approval shall not be unreasonably withheld. Each of the parties
agree to provide the othcr with their addrcss and tclephone numbers, and to advise of any chnnge
thereof within tcn (10) days,
(I) Illness of Child : In the cvent of any serious illness of the child at any time, thc party
then having physical custody of the said child shall immcdiately communicate with the other party
by telcphonc or any other means, informing the other party ofthc nature of the illncss. During such
illncss. cach party shall have the right to visit the child as oftcn as he or she desircs, consistent with
the proper medical care of the child.
5. DEBTS AND INDEMNIFICATION: HUSBAND and WIFE represent and
warrant to cach other that cxcept as provided hcrein. neither onc has contractcd. since separation or
will in the future contract, any debts, charges or liabilities whatsoever for which the other party or
their property or their estates shall or may be or beeomc liable or rcsponsi ble. and they covenant
that they will at all times keep each other free, harmless and indemnilied against and from any and
all debts and liabilities heretoforc or hcreafter contracted or incurred by the other. cxcept as
expressly provided in this Agreement.
HUSBAND agrecs to timely pay and be solely responsible for. nnd to indemnify and hold
harmless WIFE from liability of the marital debts as of the date of separation as follows:
(a) West Shore Tcachers Credit Union; and
(b) Onc-halfofthc principal balancc, plus accrucd intcrest and costs, ifany. to
thc Summcrdalc Firc Company ($845.75).
HUSBAND further agrees to timcly pay and bc solcly rcsponsiblc for. and to indemnify and
hold harmlcss WIFE from liability on thc dcbt owcd to Factory Ford.
WIFE agrecs to timely pay and bc solely responsiblc for. and to indcmnify and hold
harmlcss HUSBAND from liability of the marital dcbts as of the datc of separation as follows:
(a) Onc-half of thc principal balancc, plus accrucd intcrest and costs, if any, to
the Summerdale Fire Company ($845.75); and
(b) Milton S, Hershey Medical Center.
The partics rccognize that each of them may have, prior to thc cxccution of this Agrcement,
allegedly paid certain amounts against the abovc listed debts and as a result, thc principal balance of
the debts as of the date of the execution of this Agreement may be less than at the timc of
separation.
6. WAIVER OF BENEFICIARY DESIGNATIONS: Unless otherwise specifically
set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in
and to any asset, benefit or like program carrying a beneficiary designation which belongs to the
other party under the tcrms of this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation plans, life insurance policies,
annuitics, stock accounts, bank accounts, Iinal paychecks or any other post-death distribution
,.
schemc. nnd cach party cxprcssly stntcs that it is his nnd her intcntion to revoke by thc terms of this
Agrcemcnt any bcncliciary designations naming the othcr which lire in effcct as of thc datc of
cxecution of this Agrcemcnt. Ifand in the cventthe other pnrty continucs to be names as a
bcneficiary and no altcrnate beneficiary is othcrwisc designated, thc bcncliciary shall bc decmcd to
be the estatc of the deccased party. Notwithstanding the forcgoing. howcver, in the event that either
party hereto specifically designates the othcr party as a bencliciary of any nssct after thc date of
cxecution of this Agrecmcnt. then this waiver provision shall not bar that party from qualifying as
such beneficiary.
7. RELEASE OF CLAIMS:
(a) HUSBAND and WIFE acknowledge and agrce that the propcrty dispositions
provided for hercin constitute an cquitable distribution of their assets and liabilities pursuant to
Section 3502 of the Divorce Code and HUSBAND and WIFE hercby waive any right to division of
their property exccpt as otherwisc provided for in this Agreement. Furthermorc, except as
otherwise provided for in this Agreement, each of the parties hereby specilically waives, releases,
renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in
or to property transferred 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
propcrty or proceeds in the futurc, However, ncither party is released or discharged from any
obligation under this Agrecment or any instrument or documcnt executed pursuant to this
"
Agreement. HUSBAND and WIFE shall hcreafter own and enjoy independently of any claim or
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right of thc othcr, ncquired by him or hcr from thc dntc of execution of this AgrcclIlcnt with full
t
(b) Each party hcreby absolutcly and unconditionally relcases and forcver discharges
power in him or her to disposc of thc samc fully and effectivcly for all purposc.
the othcr and the estate of thc other for all purposcs from any and all rights and obligations which
cjther party may havc or at any timc hereaftcr has for past, prescnt or future sllpport or
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maintenance, alimony pendente lite, alimony. cquitable distribution. counsel fecs, costs, expenses
1980 its supplements and amendments. as well as any othcr law of any othcr jurisdiction, exccpt
and any other right or obligation. economic or otherwise. whcthcr arising out of thc marital
relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of
and only except all rights and obligations arising under this Agreement or for thc brcach of any of
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its provisions.
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(c) Except as otherwisc provided herein, each party hercby absolutcly and
uneonditionally releascs and forcver discharges the other and his or her hcirs, executors,
administrators. assigns, property and estate from any and all rights, claims, dcmands or obligations
arising out of or by virtue of the marital relationship of the parties whethcr now existing or hereafter
arising. The above release shall be effective regardless of whether such claims arise out of any
former or future acts. contracts, engagcments or liabilities of thc othcr or by way of dower. curtesy,
widow's or widower's rights, family excmption or similar allowance, or undcr the intestatc laws or
"
thc right to takc agninst thc spollse's will. or lhc right to trcat a Iifctime convcyancc by thc other as
testamentary or all other rights of a surviving spousc to participatc in a deccascd spouse's estate.
whethcr arising undcr the laws of Pcnnsylvania, any statc, commonwcalth or territory of the United
Stntcs, or any othcr cOllntry.
8. PRESERVATION OF RECORDS: Each party will kccp and preservc for a period
of four (4) ycars from the datc of divorce all financial records relating to thc marital estatc, nnd each
party will allow the othcr party access to those rccords in thc evcnt of tnx audit.
9. MODIFICATION: No modilication, rcscission, or amendmcnt to this Agreement
shall be effcctive unlcss in writing signed by cach of the parties hcreto.
10. SEVERABILITY: Ifany provisions of this Agrecment is held by a court of
competent jurisdiction to be void, invalid or uncnforceable, the rcmaining provisions hereof shall
nevertheless survive and continue in full forcc cffcct without bcing impaired or invalidated in any
way.
11, BREACH: If cither party hereto breaches any provision hcreof. the other party shall
have the right, at his or her election. to sue for damages for such breach, or seek such other
remedies or relicI' as may be available to him or her. The non-breaching party shall be entitlcd to
recover from the brcaching party all eosts, expenses and Icgal fecs actually incurrcd in thc
enforcement of the rights ofthc non-breaching party.
12. WAIVER OF BREACH: Thc waiver by onc party of any breach of this Agreement
by thc other pnrt)' will not bc decmed a waivcr of any othcr breach or any provision of this
Agrccment.
13, NOTICE: Any noticc to bc givcn undcr this Agreemcnt by cither party to the other
shal1 bc in writing and may be cffcctivc by registcred or certificd mail, rctum rcceipt rcqucstcd.
Noticc to WIFE, will bc suflicient if made or addrcsscd to the fol1owing:
DONNA M. OZIO
19 Stephen Road
Camp Hill, PA 17011
and to HUSBAND, if made or addressed to the fol1owing:
KENNETH L. OZIO
4100 Rawleigh Street
Harrisburg, PA 17109
Each party may change the address for notice to him or her by giving notice of that changc in
accordance with the provisions of this paragraph.
14, APPLICABLE LAW: Al1 acts contemplated by this Agrcemcnt shal1 be construed
and enforced under the laws of the Commonwealth of Pcnnsylvania in effect as of the date of
execution of this Agreement.
15. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement, exccpt as
otherwise expressly provided herein, shal1 bind the parties hereto and their respective heirs.
executors, administrators. legal representatives, assigns, and successors in any intercst of the
parties.
"
16, ENTIRE AGREEMENT: Each pnrty acknowledgcs that hc or shc has carefully
read this Agrcement, including all othcr documents to which it refcrs; that hc or she has had the
opportunity to discuss its provisions with an attorncy of his or hcr own choicc, und has cxccuted it
voluntarily; and that this instrument cxprcsscs the entire agreement bctwecn thc parties concerning
the subjects it purports to cover. This Agreement should bc interprcted fairly and simply, and not
strictly for or against cither of the parties.
17. PRIOR AGREEMENTS: The partics spccifically agrec that this Agreement shall
supcrsedc and any and all prior agrccments bctween thc parties,
18. INCORPORATION OF DOCUMENTS: All documcnts and other instrumcnts
referred to in this Agreement are incorporated into this Agreement as completely as if they wcrc
copied verbatim in the body of it.
19. MUTUAL COOPERATION: Each party shall on dcmand cxecute and deli vcr to
the othcr any deeds, bills of sale. assignments. conscnts to changc of beneliciurics of insurance
policies or other benefits or assets, tax returns. and other documents, and shall do or cause to be
done evcry other act or thing that may be nccessary or desirable to effectuatc the provisions and
purposes of this Agreement. If either party unrcasonabIy fails on demand to comply with these
provisions, that party shall pay to the other party all attorney's fecs. costs. and other expenses
actually incurred as a result of such failurc.
"
20. DATE OF EXECUTION: Thc "date of execution" or "execution date" of this
Agreement shall be defincd as thc date upon which it is cxecuted by thc parties if thcy each havc
exccutcd the Agrcemcnt on the samc datc. Otherwise. the "date of execution" or "cxecution dnte"
of this Agreemcnt shall be de lined as thc datc of exccution by the party last cxecuting this
Agrccmcnt.
21. EFFECTIVE DATE: This Agrecment is effective and binding upon both parties as
of
22. AGREEMENT NOT TO BE MERGED: This Agreement shall not bc mcrged into
the parties' divorce dccree. The parties shall have the right to enforcc this Agreemcnt undcr the
Divorce Code of 1980, as amended, and in addition, shall retain any remcdies in law or in equity
under this Agreement as an independent contract. Such rcmedies in law or equity specilically arc
not waived or released.
23. EFFECT OF RECONCILIATION OR RECONCILIATION A TIEMPT: This
Agreement shall remain in full forcc and effect and shall not be abrogatcd evcn ifthc parties effect
a reconciliation. cohabit as husband and wife or attempt to cffect a rcconciliation, This Agreement
shall continue in full force and effect and there shall be no modification or waivcr of any of the
terms hereof unless the parties in writing execute a statemcnt declaring this Agrcement or any term
of this Agreement to be null and void,
24. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the tcxt of
the scvcral paragraphs and subparagraphs hereof arc inscrtcd solely for convcnicnce of refcrcncc
and shall not constitute a part of this Agrccment nor shall they affcct its mcaning, construction or
cffect.
25. COUNTERPARTS: This Agreement may bc executed in counterparts, ench of
which will be an original and which togcthcr shall constitutc onc and thc samc instrumcnt.
IN WITNESS WHEREOF, thc parties hercto have set their hands and seals on the datcs of
their acknowledgemcnts,
WITNESS:
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DONNA M. OZIO