HomeMy WebLinkAbout01-5770IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DAVID MARCHITELLI, ) No.: Df - ,ffqTl~) C/'~x~4~
Plaintiff )
)
v. )
)
ROBIN MARCHITELLI, ) Type of Pleading:
Defendant ) COMPLAINT IN DIVORCE
)
)
)
) Filed on Behalf of:
) DAVID MARCHITELLI,
) Plaintiff
)
)
)
)
)
) Counsel of Record for this Party:
)
) JAMES E. WHELTON, JR.
) Pa. Id. No.: 50127
) Royers Building, Third Floor
) 114 South Main Street
) Greensburg, PA 15601
) (724) 838-8646
)
)
)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DAVID MARCHITELLI, )
Plaintiff )
)
v.
)
ROBIN MARCHITELLI, )
Defendant )
)
TO: ROBIN MARCHITELLI:
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, WESTMORELAND COUNTY
COURTHOUSE, GREENSBURG, PENNSYLVANIA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, 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 TELE-
PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DAVID MARCHITELLI, )
Plaintiff )
) No.:
)
ROBIN MARCHITELLI, )
Defendant )
)
)
)
COMPLAINT
COUNT 1 - DIVORCE
AND NOW, comes the Plaintiff DAVID MARCHITELLI, by and through his
attorney, James E. Whelton, Jr., Esq., who brings this Complaint in Divorce, of which the
following is a statement:
I. The Plaintiff is DAVID MARCHITELLI, who resides at 1832 Anna Street, New
Cumberland, Pennsylvania, 17070, whose social security number is 215-80-5274.
2. The Defendant is ROBIN MARCItlTELLI, who resides at 12018 East Main Road,
North East, Pennsylvania 16428, and whose social security number is 204-58-9908.
3. Plaintiff has resided within the Commonwealth of Pennsylvania for more than six
months immediately prior hereto.
4. The parties were married on October 5, 1985 in the City of Erie, Erie County,
Pennsylvania.
5. No children have been born or conceived during this marriage.
6. There have been no prior actions in divorce or annulment between the parties.
1
7. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
8. Plaintiff avers that the marriage is irretrievably broken.
WHEREFORE, David Marchitelli, Plaintiff, requests that he be granted a divorce from
the bonds of matrimony, divorcing the Plaintiff and Defendant absolutely.
COUNT II
EQUITABLE DISTRIBUTION OF PROPERTY
9. The averments contained in Paragraphs 1 through 8 are incorporated herein by
reference as if the same had been fully set forth at length.
10. The parties own marital property as that term is def'med in Section 3501 of the
Divorce Code, 23 Pa.C.S.A. § 3501.
11. The parties own personal property, acquired during the course of their marriage,
the amount of which is presently unascertained.
WHEREFORE, David Marchitelli, Plaintiff, requests that the marital property of the
parties be equitably divided and distributed, and that he be granted such other and further
equitable relief as the nature of his cause may require.
Respectfully submitted,
WHELTON, JR. ~
"~torney for Plaintiff
Royers Building, Third Floor
114 South Main Street
Greensburg, PA 15601
(724) 838-8646
2
VERIFICATION
I verify that the averments of fact made in the foregoing COMPLAINT IN
DIVORCE are true and correct and based upon my personal knowledge, information and
belief. I understand that averments of fact in said document are made subject to the penalties
of 18 Pa.C.S.A. § 4904, relating to unsworn falsifications to authorities.
DAVID MARCHITELLI
Date: ./DA
!
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DAVID MARCHITELLI, ) No.: 01-5770 Civil
Plaintiff )
)
v. )
)
ROBIN MARCHITELLI, ) Type of Pleading:
Defendant ) ACCEPTANCE OF SERVICE
)
)
)
) Filed on Behalf of:
) DAVID MARCHITELLI,
) Plaintiff
)
)
)
)
)
) Counsel of Record for this Party:
)
) JAMES E. WHELTON, JR.
) Pa. Id. No.: 50127
) Royers Building, Third Floor
) 114 South Main Street
) Greensburg, PA 15601
) (724) 838-8646
)
)
)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
DAVID MARCHITELLI, )
Plaintiff )
)
v. ) No.: 01-5770 Civil
)
ROBIN MARCHITELLI, )
Defendant )
)
ACCEPTANCE OF SERVICE
I accept service of the Complaint In Divorce (on behalf of Defendant Robin Marchitelli
and certify that I am authorized to do so).
Paige E. Peasley, Esq.
Attorney for Defendant Robin Marchitelli
150 West Fifth Street
Erie, PA 16507-2199
MARITAL SETT!.~.MENT AGREEMENT
THIS~GRE~E3.1ENT; made the'~__~ay of__~~., 2004,
BETWEEN
Robin Marcbitelli, residing in Erie Count3.,, Pennsylvania, hereinafter called Wife,
-AND-
DaqJidMarcbitelli, restdmg in-Erie County.,. en::zy.v:n~a, hereinafter called Husband.
WITNESSETH
WHEREAS, the parties were married on October 5, 1985;
WHEREAS, there were no children born or adopted during the marriage;
WHEREAS, the parties hereto have been living separate and apart for a period of time
prior to the execution of this Agreement;
WHEREAS, the parties desire to setde their property rights;
WHEREAS, both parties agree to relinquish any and all claims which either may have
against any propert3.r now owned or belonging to the other or which ma), hereafter be acquired
by either of them by purchase, gift, devise, bequest, inheritance, and otherwise, except as to the
obligations, covenants, and agreements contained herein; and
WHEREAS, the parties hereto have each had the benefit of competent and independent
legal advice by separate counsel or 'knoxdngly xvaive such right to counsel.
NOW, THEREFORE, the parties, intending to be legally bound, do covenant and agree
as follows:
1. INCORPORATION OF RECITAI..q
The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full.
It shall be laxvful for each part3., at all times hereafter to live separate and apart from the
other part3, at such place as he or she may from time to dine choose or deem fit. The foregoing
provisions shall not be taken as an admission on the part of either party, of the lawfulness or
unlaxvfulness of the causes leading to their IMng apart.
Each part3., shall be free from interference, authorit)', and contact by the other as fully as
if he or she were single and unmarried, except as may be necessary to carry out the provisions of
this Agreement. Neither part), shall molest the other or attempt to endeavor to molest the other,
nor compel the other to cohabit with the other or in any way harass or malign the other, nor in
any way interfere with the peaceful existence, separate and apart from the other.
4. DESIRE OF THE PARTIES
It is the desire of the parties, after long and careful consideration, to am/cably adjust,
compromise, and settle all proper .ty rights and all rights in, to, or against each other's propert), or
estate, including property heretofore or subsequently acquired by either part),, and to settle all
Page 2 of 15
disputes existing betxveen them, including any and all claims that either may have against the
other for spousal support, alimony, counsel fees, costs, and equitable distribution.
$. DEBTS
Husband and Wife represent and warrant to each other that neither one has contracted
any debt or debts, charges or liabilities whatsoever, for which the other part).., or their property or
their estates shall or may be or become liable or answerable, 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 either of them, except as expressly
provided in this Agreement.
6. MUTUAL RELEASE
Subject to the provisions of this Agreement, each part3., has released and discharged, and
by this Agreement does himself or herself and his or her heirs, legal representatives, executors,
administrators, and assigns, release and discharge the other of and from all causes of action,
claims, rights, or demand whatsoever in law or equity, which either part3..., ever had, now has, or
which may be provided by furore legal decision or enactment, including, but not limited to rights
created by the parties' marriage to each other and the marital dissolution laws of any jurisdiction.
This release and waiver shall not apply to causes of action for breach of this Agreement.
Page 3 of 15
7. WAIVER OF CLAII~4g
Except as herein othenvise provided, each party may dispose of his or her property in any
wa),, and each party hereby waives and relinquishes any and all rights he or she may now have or
hereafter acquire under the present or future laws of any jurisdiction, to share in the property or
the estate of the other as a result of the marital relationship including, without limitation, dower,
courtesy, statutory.' allowance, widow's allowance, right to take property under equitable
distribution, right to take in intestacy, right to take against the Will of the other, and right to act
as administrator or executor of the other's estate, and each will, at the request of the other,
execute, acknowledge, and deliver any and all instruments which may be necessan., or advisable
to cart)., into effect ti'tis mutual waiver and relinquishment of all such interest, fights, and claims.
If either part)..., breaches any provision of this Agreement, the other part)., shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be available to him or her, including but not limited to those remedies provided by
the Pennsylvania Divorce code and 23 Pa. C.S. Section 3502(e), and specific performance. The
party breaching this contract shall be responsible for payment of legal fees and costs incurred by
the other in enforcing the fights and responsibilities set forth in this Agreement, including fees
and costs in pursuing collection of attorneys' fees.
If a party is unsuccessful in litigating the breach provisions contained herein, that
unsuccessful party shall be responsible for the payment of legal fees incurred by the successful
Page 4 of 15
part)., in defending the breach or enforcement action, including fees and costs. All legal fees to
be paid to the opposing counsel shall be set by the court.
9. EXECUTION DATE
The execution date of this Agreement is the date upon which it is executed by the parties,
if both have executed the Agreement on the same date. Othenvise, the execution date, and
effective date, is the date of execution by the par~- last executing this Agreement, as exhibited by
the notarization.
10. ADVICE OF COUNSEL AND VOLUNTARY EXECUTION
Both parties have had the benefit of competent and independent legal advice by separate
counsel or have been advised of such right and knoxvingly waive such right to counsel. Both
parties ac'knowledge that they fully understand the facts and acknowledge and accept that this
Agreement is, under the circumstances, fair and equitable and that it is being entered into freely
and voluntarily and is not the result of any duress or undue influence, collusion or improper or
illegal agreement or agreements. The provisions and legal effects of this Agreement have been
explained to the parties by the respective counsel.
H. ADDITIONAL INSTRUMENTS
Page $ of 1 $
Each of the parties shall from time to time, at the request of the other, execute, acknowledge,
and deliver to the other party, any and all further instruments that may be reasonably required to
give full force and effect to the provisions of this Agreement.
12. ENTIRE AGREEMENT - FULL. FAIR. AND COMPLETE DISCLOSURI~.
This Agreement contains the entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein. The parties each agree that each has made full, complete, and accurate disclosure of all
assets, debts, and other information relevant to the negotiation and adjudication of all aspects of
the divorce action. The parties further agree that if specific values of propert), are not set forth
in this Agreement, that each is personally aware o f the value of all items and that each waives any
requirement for written memorandum of value.
13. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions of this Agreement shall be effective
only if made in writing and executed with the same formalin,.' as this Agreement. The failure of
either part), to insist upon strict performance of any of the provisions of this Agreement shall
not be construed as a waiver of any subsequent default of the same or similar nature.
Page 6 of 15
14. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the parties.
15. INDEPENDENT SEPARATE COVENANTS
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and agreement.
16. APPLICABLE LAW
This Agreement shall be construed under the laxvs of the Commonwealth of
Pennsylvania.
17. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but xvithout limitation, jewelry., clothes, furniture,
furnishings, rugs, ca~pets, household equipment, appliances, pictures, books, works of art, and
other personal property, and hereafter Wife agrees that all property in the possession of
Husband shall be the sole and separate propers' of Husband. Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he
Page 7 of 15
or she ma), have xvith respect to the above items, which shall become the sole and separate
property of the other.
18. MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, they agree as
follows:
A. The 1990 Ford Explorer and any and all other motor vehicles now in Wife's
possession shall become the sole and exclusive property of Wife.
B. Any and all other motor vehicles now in Husband's possession shall become the
sole and exclusive property of Husband.
C. Both parties agree to sign any and all documents or tifles necessan., to effectuate
the above transfer.
D. Both parties agree to obtain their own motor vehicle insurance policies.
E. Both parties agree to assume any encmnbrances, if any, on their respective motor
vehicles.
19. AFTER ACOUIRED PERSON/kL PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of
the other, all items of personal propem..,, tangible or intangible, hereinafter acquired by him or
her xvith full power in him or her to dispose of same as fully and effectively in all respects and
for all purposes as though he or she were unmarried. Each party also waives any and all interest
Page 8 of 15
he or she may have in any property acquired by the other subsequent to marital separation,
which occurred on or about September 1, 2001.
20. PENSION AND/OR PROFIT SHARING PLANS. BANK ACCOUNTS~
STOCKS. BONDS. SECURITIES. CREDIT UNION ACCOUNTS, AND
INDIVIDUAL RETIREMENT ACCOIJNTS
Upon execution of this Agreement by both parties, Wife shall waive any and all right,
tide, and interest she may have in the following accounts, including any increased value in same:
a. Husband's Vanguard Phillips Electronics Employees Savings Plan #092224,
a/k/a The PowerSaver Account, with a balance as of August 1, 2001 of $372.70;
b. Husband's PowerShare Account #12193-02592, with a balance as of August 1,
2001 of approximately $279.70;
c. The Smith Barney Stock Purchase Plan Account, with a balance as of Janua~- 28,
2004 of $6,442.00;
d. The ScotrTrade Account, as of November 30, 2003, had 153 shares of Agilent
Technology, Inc. and 568 share of Hewletr Packard Company.
Upon execution of this Agreement by both patties, Husband shall waive any and all right,
title, and interest he may have in the following accounts, including any increased value in same:
a. Wife's Lincoln Annuity Contract #97-5680921, with a dollar value as of
December 31, 2003 of $7,167.22;
b. Wife's Travelers Life & Annuity Account #8815086, with an account value as of
December 31, 2003 of $17,378.00.
Page 9 of 15
The patties acknowledge that Husband received approximately $3,218.00 xvhen he cashed
in one of his life insurance policies. Wife waives any and all right, title, and interest she may
have in that cash surrender value or any of Husband's life insurance policies, including future
death benefits and cash surrender values.
Husband acknowledges that Wife has a life insurance policy through Knights of
Columbus, xvhich policy has a cash surrender value that is offset by a loan balance. Husband
waives any and all right, title, and interest he may have in any of Wife's life insurance policies,
including any future death benefit or cash surrender values.
During the marriage, Husband participated in the Agilent Savings Accumulation Plan,
which has been rolled over into an IRk xvith Cuso Financial Sen-ices, Inc., Account
#4Y5921970, with an account value as of Febman..' 27, 2004 of $164,890.14. Upon execution of
this Agreement, the parties shall cooperate in the preparation and filing of a Qualified Domestic
Relations Order so that $106,980.70 of Husband's Cuso Financial Services, Inc. IRA shall be
roiled over into a qualified plan of Wife's choosing. The balance of Husband's Cuso Financial
Services, Inc. IRA shall remain Husband's sole and exclusive property. Wife's attorney shall be
responsible for the preparation and filing of said Qualified Domestic Relations Order and both
parties shall cooperate fully to see that this Qualified Domestic Relations Order is prepared and
filed as soon as possible following the execution of this Agreement by both parties.
Other than as stated above, each par~, w/Il retain all pension and/or profit sharing plans,
bank accounts, stocks, bonds, securities, credit union accounts, and individual retirement
Page I0 of 15
accounts listed in each part3,'s individual name and each waives any interest he or she may have
in the other party's stated property.
21. REAL ESTATE
During the marriage, the parties purchased real estate located at 1832 Anna Street, Nexv
Cumberland, Pennsylvania, which, by agreement of the parties, was sold. ]'he parties further
acknoxvledge that Husband received $12,290.00 of the net proceeds, x~-ith Wife receiving
$14,760.00 of the net proceeds. The parties agree that this was an equitable distribution and
there are no other issues remaining regarding the ownership and maintenance of said properD,.
During the marriage, the parties purchased a vacant lot near the marital residence in
Fain, iexv Toxvnship, York County., Pennsylvania, which is currenfly being sold through Articles
of Agreement for the price of $15,000.00. Both parties shall cooperate fully in consummating
this sale as soon as possible. Wife shall receive all net proceeds from the sale of the propers.
after normal and customat3, closing costs.
During the marriage, the parties purchased txvo plots in Rolling Green Cemetery. As of
December 10, 2003, there was a payoff on the purchase in the amount of $1,806.84. Upon
execution of this Agreement by both parties, Wife waives all right, fide, or interest she has in the
Rolling Green Cemetery. plots. Husband alone shall retain the plots or the proceeds from the
sale of the plots. Husband shall assume and shall indemnify Wife for failure to assume the
outstanding obligation for these plots and shall see that the monthly payments are made in a
timely manner until paid in full. Upon execution of this Agreement, Wife shall execute any and
Page 11 off5
all documents necessary to transfer any and all right, rifle, or interest she may have in the
cemetery plots to Husband.
22. ALIMONY. A!.IMONY PENDENTE LITE. SPOUSAL SUPPORT. COUN$~J.
FEES. EXP~NSES. AND AI.I. MARITAL RIGHTS
Wife has filed a spousal support/alimony pendente lite/counsel fees action through the
Erie Count3, Domestic Relations Office, PACSES Case #599106077. Husband acknowledges
that he is obligated to pay $1,000.00 per month in spousal support, wlfich has been paid in full
through the terms of this Agreement through April 30, 2004. Effective May 1, 2004, Husband
shall be obligated to pay direcdy to Wife $1,000.00 per month in spousal support/alimony
pendente lite until the entry of the Divorce Decree. Both parties shall cooperate so that the
Marital Settlement Agreement is executed as soon as possible, at which time Husband's attorney
max., Praecipe the matter to the divorce list. Upon enm.., of the Divorce Decree, Husband's
spousal support/alimony pendente lite obligation shall terminate. Upon receipt of the full
spousal support/alimony pendente lite obligation as per this Agreement, Wife's attorney shall
notify- the Erie Count5,, Domestic Relations Office to withdraw Wife's support action and forgive
all arrears.
Until the entry of the Divorce Decree, Husband shall continue to maintain major medical
and hospitalization insurance benefits on Wife through }tis place of employment. Each part5..-
shall be responsible for his or her own uninsured medical, dental, vision, prescription, and
orthodontic expenses.
Page 12 of 15
Other than as stated above, each of the parties hereto releases the other from any claim
for alimony, alimony pendente lite, spousal support, counsel fees or expenses, in the preparation
of the property settlement, any subsequent divorce proceeding or subsequent action instituted by
either party, except as provided herein for breach. This Agreement shall also sen:e as complete
release and waiver of all economic and other rights arising from this marriage, including those
available in the marital dissolution law of Pennsylvania or any other jurisdiction, and any rights
that may be created by future legal decision or enactment.
23. ~
Husband and Wife agree that the marriage is irretrievably broken and xvill proceed with
said divorce action under 23 Pa. C.S. ~3301(c).
24. TAX ADVICE
The transfers set forth herein may result in income, inheritance, estate, and other tax
consequences to the parties. The parties specifically acknowledge that no attorney involved in
the negotiating or drafting of this Agreement has provided any tax advice regarding the
dispositions contained herein. The parties have been advised to seek separate tax counsel
concerning the divorce distributions.
Page 13 of 15
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
~ x,V~mesa/ avicl itelli
Page 14 of 15
COMMONWE,~LTH OF PENNSYLVANIA
SS.
COUNTY OF ERIE
On this~ dav of~ ,2004 before me, a Nota~ Pubic the undersi ed
officer, personaRy ~peared RobinMarch~elli, known to me, to be the person whose name is
subscribed to the x~4tMn ins~ment, and acknowledged that she executed the same for the
pu~oses therein contained.
IN WITNESS WHEREOF, I hereunto ~t my hand and official seal.
//~ OF PENNSYLV~IA
Not~,~~.~iPub~c~~~'~~ _ ~
SS.
COUN'~ OF-ERiE ~ ~
On t~s I~ day of J~ ., 2004, before me, a Nota~ Pubic, the
undersized officer, personally appeared Da*~d March,tellS, known to me to be the person
whose name is subscribed to the x~5rhin ins~ument, and acknowledged that he executed the
same for the purposes therein containcd.
IN WI~ESS WHEREOF, I hereunto set my hand and official seal.
Nota~' Pubic
Page 15 of 15
DAVID MARCHITELLI, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - DIVORCE
;
ROBIN MARCHITELLI, : NO: 01-5770
Defendant :
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on October 2, 2001 and served on October 3 l, 2001.
2. The marriage ofPlaintiffand Defendan! is irretrievably broken and ninety days
have elapsed from the date of filing the Complaint.
3. I consem to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY' OF A DIVORCE DECRE~ UNDER
~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 fights concerning alimony, division of property.
lawyer's fees or expenses ifI 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 its is filed with the
Prothonotary.
I verify that the statements made in this affidavit are true and correct. I understznd
that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom
falsification to authorities.
David Marchitelli
: IN THE COURT OF COMMON PLEAS
Plaintiff :
OF ERIE COUNTY, PENNSYLVANIA
Defendant NO. 5D'aro - c~ ,..,ca ~
AFFIDAVIT OF CONgENT
I. A Complaint in Divoree under 3301(c) of the Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety, days have
elapsed from the date of filing and sen'ice of the Complaint.
3. I consent to the entD, of a final Decree of Divorce.
4. I understand that I may lose rights concerning alimony, division of property., la,~'yer's
fees or expenses ifI do not claim them before a divoree is granted.
I verify the statements made in this Affidavit axe tree and correct. I understand that false
statements herein axe made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification
to authorities.
Dated:
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
DIVORCE DECRR~. UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entr): of a final Decree of Divox'ce without notice.
2. I understand that I may lose rights concerning alimom,, division of property, lav~.'er'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 Prothonotao..
I verify the statements mad~ in this Waiver are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification
to authorities.
DAVID MARCHITELLI, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - DIVORCE
;
ROBIN MARCHITELLI, : NO: 01-5770
Defendant :
PRAECIPE TO TRANSMIT RECOI~n
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the Court for emry of a
Divorce Decree:
1. (}rounds for Divorce:
Irretrievable Breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint:
Acceptance of Service of Complaint in Divorce was entered on October 31, 2001 by
Attorney Paige Peasley for the Defendant Robin Marchitelli.
3. Date of Execution of the Affidavit of Consent and Waiver of Notice required by Section
3301 (c) of the Divorce Code:
by Plaintiff, David Marchitelli, July 30, 2004
by Defendant, Robin Marehitelli, August 5, 2004
4. Relatin claims endin: All claims of equitable distribution have been resolved in the
attached Marital Settlement Agreement, which shall be incorporated and not merged with the
Divorce.
5. Date and manner of the service of notice of intention to file Praecioe to trannmlt Record a
cony of which is a.aeh~_ if the decree is to be entered under section 3301 (d](1 ~(i] oftl~.
Divorce Code. Not Applicable
6. Children Cope with Divorce attendance:
Plaintiff: Not applicable
Defendant: Not applicable
McCLURE & MILLER LLP
'l~'~cy L. ~s, E~. ._~.~ .
717 State Street, Suite 701
Erie, PA 16501
Ph($14)453-3681 ;Fax(814)454-1554
Pa. I.D. 87956
iN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF ~ PENNA.
DAVTD MARCHIT]UJ.T
No. 01-5770
VERSUS
~OBIN HA~CHITELLI
DECREE IN
DIVORCE
AND NOW,. ~'~J~U~.~ ~ ,I--;I~L,~iTiSORDEREDAND
DECREED THAT DAVIH MAHCHITELLI
, PLAINTIFF,
AND ROBIN ~CHITELLI , DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD ~N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; All claims have been resolved in the attached Marital
Settlement Agreement which shall be incorporated with this document-
ATTEST: , j.
~ONOTAR¥