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HomeMy WebLinkAbout98-00889 . ... ~i \!i ~I '11 ~i '<I i ~I . I ~i 'l! It..' ; i lo) ::I "'-.{ ';'t. 1:t~ -1\ , \ , \ \ ! i j L ( \. ~ - .5 - '-.oJ g: ~ , 0- l)-. '~ ~I ~I ~ "'I ~ ',' .', l~ ~ ',' ~ ',' ... ~ * '.. ~ ',' ~ 'if ,~.:' .:+} <+:' -:+} <+;. <..;. -:+:. -:+;. <+;. <+> <+:. .:+:- .~.:. ,~.;, <+;. ,~.:. .:+> .:..:. .:+:. .:+;. ',' <Jt.;' ':+;',':+;' <+;. <.~' <+> <+:. .:..:. ':+:-';4, '" ~ \~ I~ (~ 1':' Ir: ,., ~ DEe R EEl N I~ D I va R c~ 4t (O:~8iJ1: 11 1918" d d d i~ , , " ,It IS or ere on I::: I{ATHLEEN P. LUSARDI , " plaintiff, ,~ PE'TER J, LUSARDI "". defendant, IN THE COURT OF COMMON PLEAS OF CUMBE~~L.AND COUNTY STATE OF PENNA. KATHLEEN P. LUSARDI, ,;, ~ Plaintiff No, 889 .C,IVJL, IlJ 98 ,', ~ ~ '.. Vl'I....:.ll..; PETER J. LUSARDI, * ',' I'; ~ Defendant ;:; ~ ,', ~ ... ~ ~I ~.~ {, .., ~ AND NOW, decreed that and", ' ,.~ ~ ,,; ~ .., ~ ore divorced from the bonds of matrimony, ;'; ~ *- '.. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; THE PARTIES MARITAL SETTLEMENT AGREEMENT DATED MARCH 16, 1998 ~ '.. ~ .' ,'., ~ w ',' ...,..,. ......"""." ", IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. ~ ~/ ~ " ,', ~ ... * ~ ~.. *. ;" ~ ~ ..., ." ". . .~~.~,~,.~-,~.~.,~,~..~.~,.~,~,*,,*,'~"*"*"~. ~ ... ~ ',' ~ ~ )':' ~ ~ ',' ~ '.. ,', ~ .., ~ * ',' ~ ',' ~ ... ... ~ ~ I,' ~ ',' w. ',' ~ ',' .', ~ I~ .. I~ ',4 ~ ',' ;', ~ '" ~ J, * ~ '.' I~ ~ iW ':+:0 -:+:. .:+:.. .~..:. .:+:. .:+:. .:+> <+:. .:+:. .:+:.' KATHLEEN P LUSARDI, Plaintill' IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 98-889 CIVIL TERM PETER J LUSARDI, Defendant CIVIL ACTION-LAW 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 Section 3301(c) of the divorce code, 2, Date and manner of service of the complaint: Defendant signed an Acceptance of Service form on Fp,bruary 20, 1998, 3. (Complete either paragraph (a) 01' (b)) (a) Date of execution of the affidavit of consent required under Section 3301(c) of the divorce code: by the plaintiff __JUNE 1 L\9(L~,. by the defendant___ WL Y 2. 1998 (b) (1) divorce code Date of execution of the plaintitl's afl1davit required by Section 3301(d) of the N/A (2) Date of service of the plaintiff's affidavit upon the defendant N/A 4. Related claims pending NONE 5, Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: _________,___ .. (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: JUL Y 6~1998 _ Date defendant's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: __-.1lJL Y..Q...l2.98 ___ ~V~d:_1 David ^ Baric, Esquire Attorney for Plaintiff, Kathleen p, Lusardi M_ARITAL S~;TTU;M~;NT AGREEMENT HilS AGREEMENT. mad(~ this llr .. day of March, 1998, by and between KATHLEEN p, LUSARDI, hcreinalter referred to as "Wife", and PETER J, LUSARDI, hereinafter refened to as "Husband" , WITNESSETH WHEREAS. the parties are Husband and Wife who were married on November 12, 1988; and, WHEREAS, the Wife has instituted divorce proceedings in the COUl1 of Common Pleas of Cumberland County to No. 98-889 by complaint t1Ied on February 17, 1998; and, WHEREAS, the parties desire to settle tillly and finally their respective financial and property rights and obligations as betwecn each other, including without limitation without specification: settling of all matters between them (elating to the ownership in equitable distribution of personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the settling of any and all claims or possible claims of one against thc other or against their rcspective estates, and, WHEREAS, Wile is represented by her separate legal counsel and has been advised of her respective rights, privileges, duties and obligations relative to the parties' property rights and interests under the Divorce Code and regarding alimony and spousal support, and Husband has voluntarily chosen to be unrepresented in this matter, but has been advised and continues to understand that he has the right to be represented by his own separatc legal counsel who could advise him regarding his respective property rights, privilegcs, duties and obligations relative tot he parties' property rights 1 and interest under the Divorce Code and regarding alimony and spousal support; and WHEREAS, each party is fully familiar with the marital property and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding equitable distribution of marital property, alimony, spousal suppol1 and related economic claims, NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant and agree as follows: I, The parties agree to the entlY ofa Decree in Divorce pursuant to Section 330] (c) of the Divorce Code, Both parties shall execute and file the requisite Consents with the Court contemporaneously with the execution of this Agreement, Should either party do anything to delay or deny the entry of such a Decree, 01' fail to do anything required to obtain the Divorce Decree in breach of this Agreement, the other party may, at his or her option, declare this Agreement null and void, ab initio, 2, This Agrecment and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms, No Court may change the telms of this Agreement, and it shall be binding and inclusive upon the parties, An action may be brought at law, in equity or pursuant to the provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto aner the date of this Agreement, this Agreement shall remain in thll force and effect in the absence of a written agreement signed by the parties expressly Slating 2 that this Agreement has been revoked or modified. 3. The parties have divided their personal effects, household furniture and fllrnishings, automobiles and all other artklcs of tangibk personal property which have heretofore been used by them in common in accordance with the list which is attached hereto and marked as Exhibit "A" which shows tho property to bl' claimed oy Wife. Exhibit "B" which shows tho property to be claimed by Husband, and neither party will make a claim to any such items which have been designated as property of the other. Said lists do not include all miscellaneous tlll'llishings and household goods which have been divided prior hereto by agreement of the pal1ies, Each party will execute any and all documents necessary to etlectuate the transfer of ownership of any items of personal property titled in both names. Thc party receiving sole ownership of such items shall pay all costs associated with the transfer and maintenance of the property in the future and shall alone be responsible for any loans relating to the property. Husband snail retain possession of the residence at 406 Wolf Bridge Road, Carlisle, Pennsylvania ("marital residence") Husband has refinanced the mortgage for said propel1y satisfying the mortgage previously given by the parties hereto for the propel1y, Wife shall execute a quitclaim deed releasing her interest in the martial residence contemporaneously with the execution hereof and shall release the quitclaim deed for recording upon receipt of payment as further referenced herein, 4, The parties are dividing between them to their mutual satisfaction all int.angible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property as further set forth on Exhibits "A" and "B", Each party hereby expressly waives any right to claim any 3 pension/protit sharing/rctircmcnt rights of the othcr, vest cd or contingcnt, cach party to retain lull ownership of sueh rights as his or hcr sole and scparatc property 5, Wifc agrecs to indcmnify and save and hold harmlcss the Husband for any liability upon the obligations assumed by the Wife in accordance with thc terms and wnditions set forth in paragraph 3 of this Agreement. 6, Husband agrees to indemnify and save and hold harmless Wife for any liability upon the obligations hereby assumed by Husband in accordance with the terms and conditions set forth in paragraph 3. 7, Except as herein otherwise provided, each party represents that she and he have not heretofore incurred or contractcd any debt or liability or obligation for which the other may be held responsible or liable. Each pal1y agrees to indemnify and save and hold harmless the other from and against all such debts, liabilities or obligations of any kind which may have heretofore been incurred between them, except the obligations arising out of this Agrcemcnt. 8, Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep each other indcmnitied against all debts, charges, or liabilities incurred by the other after execution of this Agrecment, except liS may be otherwise specitically provided for by the terms of this Agrecment and neither of them shall hereaftcr incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other tTom any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all prnvisions of thi~: Agreement shall include the right to recover out of pocket expenses and rcasonablc attorney's fees actually incurred, 4 I' 9, Both pal1ics agrcc that the hcrcinabovc sct forth Agrccmcnt constitutcs an cquitablc distlibution ofthcir marital propcrty and cquitablc rcsolution of all othcr cconomic claims pursuant to the provisions ofthc Divorcc Code and cach party irrcvocably waives, releases, and remises any claim to owncrship of or intcrest in any propcrty designated as thc propcrty ofthc other by virtuc of the provisions of this Agreement cxcept as othcrwise may be provided pursuant to the provisions of this Agreement. 10, Husband does hereby release, remise, quitclaim and forever dischargc Wifc and the cstate of the Wifc from any and all claims hc has now, evcr may havc or can at any time have against the Wife or her estate 01' any pan thercof, whcthcr arising out offormal contracts, engagements or liabilities of the Wife, arising by way of widowcr's right or under thc Intestate Law arising by any right to take against the Wife's will, arising out of the Divorce Code, Act No, 26 of 1980, as amendcd, including, alimony, alimony pendcntc lite, counsel fees and expenscs, arising as a right to spousal support or arising by any nature whatsoever, cxcepting only those rights accorded to the Husband under this Agrccmcnt. 11, Wifc does hercby releasc. rcmisc. quitclaim and forever discharge the Husband and thc Estatc of thc Husband from any and all claims shc has now, every may have or can at any time have against the Husband or his cstatc or any part thereof, whether arising out of formal contracts, engagements or liabilities of the Husband, arising by way of the widower's right or under the Intestate law, arisiag by way of any right to take against the Husband's Will, arising under the Divorce Code, Act No, 26 of 1980, as amended. including, alimony. alimony pendente lite, counsel fees and expenses, arising as a right to spousal SUPPOl1 arising by any nature whatsoever, excepting only thosc 5 rights IIccorded to till' Wife Undl!r Ihis i\grl'11l11\!1il lInd Ihe right to obtllin child support shall be detcl'lnined Ihllll tinll' lolinll' hy II courl of wlllpelont jurisdic,:lion. 12, Ifcitlwll'al\y lolhlS !\WI'I'IIII'1I1 rl'spl\s 1011 lawsuit or olher legal action pursuant to Ihe provisions of till' Divoll!l' ('Odl! (II otlwllvise shall enf(,I'CC the provision of this Agreement, the succcssllrl pal\y shall I\\! l'ntitll"llo rl'CllVI'r his or her rl'asonablc attol'llcy fees, actually incurred, from thc other as Pllrly of tlwjudgllll'nll'ntl:I'l'd ill slH:h II'gnl action, whether in law, in equity, pursuant to the provisions ol'the Divorce ('ode 01 otherwise as the same shall be determined by the Court. 1.1 The parties do hereby walTant, represent and declare and do acknowledge and agree lhllt ellch is lInd hns heen Ilrlly and conlplelely int()rl11ed of and is familiar with and is cognizant of the welllth, rC1I1 and/or personal propcrly, cstatc and assets, earnings IInd income of the other and that ench hns IIInde II Ilrll nnd colllplcte disclos\ll'e to the other of his or her entire assets and liabilities and nny 1III\her Cfllllnel'iltion or slatelllent thercol' in this Agreement is specifically waived. 14 This Agrecmcnt constitutes thc entire understanding of the parties, There are no covcnllnts, wnditiolls, rl'prcscntations or agrccmcnts, writtcn or 01"1I1, of any naturc whatsoever, other thlln those hercin conlllined. I~. This i\grel'mcnt is subject to modification only by a subsequent legal writing signed by hoth pnrties II shall he construed according to the laws of the Commonwealth of Pennsylvania, 16 Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement undcr no eompulsion to do so but as a voluntary act, being apprised of its consequences, 6 ~' KATIILEEN P LUSARDI, Plaintiff IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO 98- (,1,:,'( I ,. ('1) CIVIL TERM PETER J. LUSARDI, Defendant CIVIL ACTION-LAW IN DIVORCE NmlCl\Jm2UE!~NQA!'IQ CLAIM R.!()IlTS You have been sued in court, If you wish to deti;'nd against the claims set lorth in the following pages. you must take prompt action, You are wanlC(l that if you fail to do so, the calC may proceed without you and a decree of divorce or annulment may be l'lltered agaim.1 YO\l by the court A judgment may also be entered against you for any other claim or reliefrtXlucsted in tlx.'sc papers by tht.' Plaintifi: You may lose money or property or other rights important to YO\l. including C\lstlXIy or visitation of yo \II' children. When the ground fol' the divorce is indignities 01' i1rctrievablc brc;ikdown onhe marriage, you may f'IXJtlesl marriage counseling. A Ib1 of maniage counselor.; is available in the Officc of the Prothonotary at the Ctullberland County Court HO\lse, Carlisle, Penm;ytvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAl. PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TilE RIGHT TO CI.AIM ANY OF '1lIEM. YOU SHOULD 'II\KE TIllS PAPER TO YOUR SITORNEY iiI' ONCE IF YOU DO NOT HAVE AN I\ITORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GI':T I.EOAI, HEU' CUMBERLAND COUN'!Y BAR ASSOCII\('(ON 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 ",.. ._d ,r< (.': " '. " II ,'_~.J , , , ., ; ,() , I " (C l" r,.' , i 1 '!I I', 1-..: " , >, i' , l ~ : I, I ,I L' r:,: " ,.;1' {'. " ("..