The URL can be used to link to this page

Home My WebLink About01-0750 FX , , "-,"1,,~ . '<' __ ,,'" ^, ,~""~, ,..' --,' i <;;, ~',," ",', ~:':.~(}:"::!:~ ':;+::.::( ::;~::c~,::)::c(:,~~X::;~::.,.~:)*!:::~~::c{:~+::+:~:' );3::{)~::(:,:~3>::~::>::.::(,:.;~::+X'.~+~!::X.:::( X.;~~:)::+X::'':'<T;~(:X*;}>''tX.)';l',X'''~':;~::C~:::~~.::!~:)~::+XX*tt'1 ~ I ~ X ~ , "". ~ IN THE COURT OF COMMON PLEAS ~ '"." ~ ~.~ ~.s J '''', >",' ~ ~i OF CUMBERLAND COUNTY PENNA. "'+" ~ ~i ~.~ ~ STATE OF ~.~ , JENNIFER Di'IDNNO, u.muuUUmm I Ii II N 01-750 O. ...............uuuu. ~.'~ ~ '"," 'a ~.~ a !i'.<! u........ u............ u. .1':L'1-:lntiff... Versus ~ s MICHAEL.<::..u 1J:i.'R)~()(.. Defendant ~ ~/~ ;..~ ~ ;'.s ~ DECREE IN DIVORCE AND NOW".,~. ~~..."....,.., ~.~ ~ ;..,; ~.) ~.~ ) a ~.~ .;~~ ~ ~.~ '".,> ~ ''''. ~ ~ ~.~ ~ !i'.~ 2001 -..,. "-.1' Civil it is ordered and decreed that.,. .'!~~~.J?~~~'?..,........"......,...,..,. and,.. ..~~~.l, ~.., ?,i~o..... ....,..,.......,...........'., are divorced from the bonds of matrimony. , plaintiff, defendant, ;::'~ ~ ~.~ , 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; \J~ ;.., ~ k~ ~ ~ ~ f'< ~': ~ ~.." ~ ~. 8 "". ~ ".~ ~ i ~ ~ ff lJl I Y":):;:>.~",::~::+;.,.:":.:.;,:>" (, The Marriage Settlement Ac:p::~1; ,~1;\y~ ,1;l}~ .~i,~El .i,El.Wq<?J];lQ:r;q.tep ..... ,........ ,....,..,......... .~t/uu ~iary ;.., ~ ~ ;..~ * ~.~ ~ ~ t~ ~ ::;; ;.~'l ~ ~.~ ~ ~.; ~ 'N ~ '>". ~.; ~ ~ ~;~~ ~ ',,' ~ !i'.~ ii i ~~ ~.; ~ ~.~ ~ ',./ ~ ~.~ '",' ~ ~% ~.~ ~ f', ~.S ~ ~.~ I "", ;.~ ~ f', ~ !i'.<! ;..; , ~ ~ ~.~ ~ ~.~ ~ ~ ~.~ ~ ~.' J. *. ~.~ ,., ~ ~ ~.' ~ '.~ ;., ~ .::C(':'~3E< '::.:cG.3E{ '::.:";.;,: '::~:e~,: :':~::.>,.: ::'~::<<~~: ':,.:'+;.;, ";.:.;.,: "'.::.;.'" "~:..:.,~.::.;.". ~~ :;.::+;()::+;<::.:'+::.',: :::.::.:(X+::.,:' ::;~::+::.:, ....::.:...: ::'~::.::~':: :,~::.::< :':.::.:.,' "~" ~." '"J";""~~'~~~~i\l!iI~jlft'i"""" '~" .." i'",''''''''~''' F.","H__""'",__,~<. '.',' ......., ~ ...' "'.: ~~~~;t~) .,# ~ ~ ~~ /t?3~.f' / f,,_ ~;A) JL!: ~ ~ ~p' -f'fJ JOseF = ~.~.. """~,~""'~-""G--_-""'-';~.~"",,,,,,;,..^..,,,~~,_,,,"."'.~,' ,....., .' W",i"1 ..,.' , ..." ,'~ ,~. > .<", ^"~--, ",".- . ,",'-- '''' <' ,...,,;,"., .",,".,,~.., ~'~ ,;;" .~<~ ><... " ''', . ~tr.i: JENNIFER DiTONNO, Plaintiff, : IN THE COURT OF COM:MON PLEAS : CUMBERLAND COUNTY, PENNSYL VNAIA v. : No. GJ/ ~ 7!J..z; &ud MICHAEL C. DiTONNO, Defendant. : CIVIL ACTION - LAW : 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, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, P A 17108 (800) 692-7375 NICHOLAS & FOREMAN BY~- BR CE D. F SQUIRE I.D.21193 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff ,-;,."^' , ~," -''''-,'-,----'''"''.',. ""..' ~,~~,- '~'.',""'fc~.'-<""~',' '" ":;:; JENNIFER DiTONNO, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENN8YL VNAIA v. : No. MICHAEL C. DiTONNO, Defendant. : CIVIL ACTION - LAW : 1N DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en 1as paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona o por abogado y archivar en 1a corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su personal. Sea avisado que si usted no se defiende, la corte tOillara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. 81 NO TIENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Pennsylvania Lawyer Referral Service Pennsylvania Bar Association P. O. Box 186 Harrisburg, P A 17108 (800) 692-7375 NICHOLAS & FOREMAN By aait BRut:E D. PO AN, b~l.2LJIRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff J.D. 21193 0'"_,, .~ .. "--0" ' ~. ..', "'~, "<~..,,.. ='''''''''''.~0'''_,,,,,;''~,___ '0'0': JENNIFER DiTONNO, Plaintiff, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VNAIA : No. iP/- -rov 0.;.J -r ~ MICHAEL C. DiTONNO, Defendant. : CIVIL ACTION - LAW : 1N DIVORCE WAIVER OF COUNSELING 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and 1 participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. Dated: Zlh (o! ~ ., " ," , ,,', " .' , 7"" ' ;,; ,;,_,;: " ',';) ?li-';'_ {';'~,' "''', -;"""' , "'" ~"':i JENNIFER DiTONNO, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VNA1A : No. 6/- TSO &.ud ~ MICHAEL C. DiTONNO, Defendant. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, Jennifer DiTonno, by her attorneys, NICHOLAS & FOREMAN, and seeks to obtain a Decree in Divorce from the above-named Defendant, Michael C. DiTonno, upon the grounds hereinafter set forth: 1. Plaintiff is Jennifer DiTonno, an adult individual, sui juris, presently residing at 305 Thomas Drive, Apartment 2, Hampden, Pennsylvania 17050. 2. Defendant is Michael C. DiTonno, an adult individual, sui juris, presently residing at 302 A York Road, New Cumberland, York County, Pennsylvania 17070. 3. One child was born of this marriage, Abbi J. DiTonno, born September 21, 1999. 4. The Plaintiff and Defendant have each been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on July 10, 1993 in Mechanicsburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff and Defendant are both citizens of the United States of America. "t ~-~ .~-,- ~' c '"' '.' ,,,. "--"~h '" , ' . ',,, ,,,,"''':''''0,'0' '2i~ . , 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United States. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling but avers that she does not desire marriage counseling. 10. The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage is irretrievably broken; (b) The parties have been continually separated for a period in excess of two (2) years. 11.' Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce. NICHOLAS & FOREMAN By k?~ BR'5CE D. FOREMAN, QrnRE 4409 North Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff LD.21193 . "> ,",.", ',--> '.. ,.,,<' '",c.'.",__ """" . >"'.'.""~"!lilf:'L; VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C$. ~4904 relating to unsworn falsification to authorities. DATED: l/G (J1j .' ,. ~, .' ""~iL '" i ~-- ,,~-c,' " , l~m . , . .. Jennifer DiTonno. Plaintiff THE COURT OF COMMON PLEAS OF CUMERLAND COUNTY, PENNSYLVANIA v. NO. 01-750 Michael C. DiTonna., Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Michael C. DiTonno, Defendant in the above-captioned matter, do hereby certify that I have accepted service ofP1aintifl's Complaint in Divorce filed to the above-captioned term and number. Dated: Febuary 13, 2000 11/1 <-fLI (' ~1J Michael C. DiTonno ~,FMlI~18"'~l'i,[&i~~~rll<ij,%b11i~&-~'dUti~~'-i!il:h...a . . cW .. ~.- , ~~,~ 0= ....L..iid!.;l!I!I~~::~'-L:ai.i ~ -- '-, , , 0 C;) c: ~? ? -o~'::; :J!: nlf~: ~"" .. " ~::t' -< -'r ':J <c:"'C- 03.-1-:-" 'Tl ---,', .~" c::: ~~~ ~C-! ~t.J ::1:.':.(' ;;S' 2r~ -'-. '~-l >e: 1~-'2 ~:.:.) n-: ~ .''\.) 5/ m .:::0 -< I , ~ , , C'_c". '" _"_dJ" ._, . ',;;&';,.:d;" '~"",~ , i-, '-;'t0t ~ , 4 ~ JENNIFER DiTONNO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-750 Civil MICHAEL C. DiTONNO, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S3301(c) of the Divorce Code was filed on Febrmuy 7, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 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: 1/1I* It; /Jad / ~~;O!t]lWl:i"'L"'" -'~ - "'~Bil1!!$9~if$~~~I~ ,'~o,_ ii~j''-'" 1'- ~-~ "~ ,,,', " . L....~~LVll ~.I ~y~ f1i~ --,~ ~~~ ,J-;'C' Z :;:J , n <;;: o () "1; ~ ~--'" ::-:-" --~~ ,..J r7J . c':) "~~ ~i~ -:--;'<i-; ,~~f~ ,~ ~ 'iJ -< :~! is; Cl . 11 ~ " 1 I ~ ., . ~ I 1 I I , ~ I " .o.,~_, L- "_~_ -i"'. ,_ ' '--"'y"" .-. "-~i JENNIFER DiTONNO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-750 Civil MICHAEL C. DiTONNO, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if} do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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. S4904 relating to unsworn falsification to authorities. ",,,p ~ flOlJj ~_Iti!:'li;;tllitll~LliMiI11lilliilL;f#.!M",~~ilJjlll.ltl1LlIii'-i!l)ilX~~l.!W,-;;;;;;';li:'>~~~~~~:I.:.~.Lihlllli- j , < ~,-~, ~~~'ill~ h "--' (") ~~ ii5n; z-.. ~~i !;=C -- ~8 ::21 -< ....... ." ,,', C)- C) , ::e :.~ co :'2~~ --:-j. (~7 ,_. ~r{ .Ie) '-\-, ~ -< N o .!\i; . ~ ,'~;' :" .-.< ,~, I,"", _r.~~ :,';,-'f~,'-; ';". , - .~,; , ~ ,,~, \ JENNIFER DiTONNO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-750 Civil MICHAEL C. DiTONNO, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S330l(c) of the Divorce Code was filed on February 7, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 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. S4904 relating to unsworn falsification to authorities. Date: q- Ifr-O I :111i/U c.@-- MICHAEL c. DiTONNO, Defendant ~~~""~,iL't,li:O!,,,~*,,~f!!l_~Ill~iel~~~~~i~]~iM1li'lfl~ill.i1iJ~ '.. Wil:jj f~~"" ;'~I"",~.':' ~ o C ? \J6'; l1'j rf', Z....,.. Ze- U) ~., -c' ' ~~ ...".C, -C ~ I C) r-, --, -II - J::.. -< (.~ .~ ~";-:l -~;() ''':-i ~~(=.3 (5:-Tf ;;--j ~~ -< N o ~ ~,;..- -' ^-, . ., L-"'_" ,-.. -"",":~'''--';'",,-,Q:':,-.: '0 ,,- "-ii- ~:i:~"-~;gi " ' JENNIFER DiTONNO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-750 Civil MICHAEL C. DiTONNO, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if} do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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. 94904 relating to unsworn falsification to authorities. Date: ( I~-(J/ -1J!r;~ (l~ MICHAEL C. DiTO , efendant >!!!Ifllilai:llii&ll ":" ~~~:"I!iJ!1n~~_"~__11ii%~Wil~~fI!!ki~AAil:~_~~it!i> r ~& -. ~~,>- ^"- '"""" ~ - ~Ililli~__ '"'1_ 0 C () C .....n <- :J: -00.: J~."'" " rn ~r . [--::: Z -~- Z ; -', (j) CO ,C< C~ () ~ ~-'-, '.,.' :D ( -,-> c> ,,::- 0 V ~~ C(1 5':: C I.:, ?:; ~ =< (;:l O;j, ~~ ;,__];.", " 0- ,~ "-'-, -, "-" -,- - - -,' -- ,',-, __ .,~ ';' . t. ~hl~'lY1~rwlO V. Mt61C!J 1),TOVl~ ~ 01- 1\0 C tv I ( MsaDiTonno/domldiv/bdf/mlr NUUUUAGESETTLEMENTAGREEMENT THIS AGREEMENT is made this day of March, 2001, by and between Michael C. DiTonno, hereinafter referred to as "Husband", -AND - Jennifer DiTonno, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 10, 1993; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, there was one minor child born of this marriage, Abbi J. DiTonno, born September 21, 1999 and in the primary custody of Wife; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal" support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether Of not the parties reside together; and WHEREAS, the parties have made full disclosure to each other oftheir assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute and [mal settlement of all their respective marital and property and all other claims. '.,,-, ,-., ._,,-, ',-"'",-,,,'" -'~ "Ll, NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control 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 party 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. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each 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. Transfer of property, funds and/or documents sh:lll occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary , c',",.,,.,,,' ,~ ,; _ ~~ ,_ for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible. for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnifY and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. Each party agrees to promptly pay all of the debt identified as being his or her obligation in Exhibit "A". 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the interstate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the 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, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and fmal resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. TRUST AGREEMENT. Husband represents that as part of his mother's estate, that a trust is being set up for his daughter, Abbi DiTonno, in which he is the trustee. Husband represents to Wife that the trust has a value of several hundred thousand dollars and should grow to at lease a million dollars by the time that Abbi is expected to graduate from high school and that the trust will be used to pay for her " .-, , ,'~ :";',,,,,-" _ -_.'.. _"O~_'" ,',e.g- .-.'" : (" - ''''J--'''~j' for the parties to obtain an absolute divorce pursuant to Section 3 3 0 I (c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. Each party agrees to promptly pay all of the debt identified as being his or her obligation in Exhibit "A". 5, MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the interstate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the 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, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 6. TRUST AGREEMENT. Husband represents that as part of his mothe}s estate, that a trust is being set up for his daughter, Abbi DiTonno, in which he is the trustee. Husband represents to Wife that the trust has a value u<h;r1u>f several hundred thousand dollars and should grow to at lease a million dollars by the time that Abbi is expected to graduate from high school and that the trust will be used to pay for her C' ~, ~, d' -;, - ,'J j ,.~, ~, , T .'"'~"; education. In the event of his death, Husband represents that Wife will be made trustee of the said trust. 7. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto agree that they have previously divided all personal property between themselves and that each shall be the sole owner of all property in his or her possession, Wife hereby releases all right, title and interest and all property held by Husband and Husband hereby releases all right, title and interest and all property held by Wife, 8. PENSIONS, RETIREMENT ACCOUNTS AND INSURANCE. The parties hereto waive any and all interest or claims which either may have in any individual retirement accounts, existing pensions or similar accounts in the name of the other. 9. ADVICE, OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Bruce D. Foreman, Esquire, Husband has been advised of his right to legal counsel and that it is advisable that he obtains the same, but he has freely, knowingly and voluntarily waived the right to the same. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his 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, with such knowledge 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 collusion or improper or illegal agreement or agreements. 10. ADDITIONAL INSTRUMENTS. 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, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 11. AFTER-ACQUIRED PROPERTY. Each' party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were lliUllarried. 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and tile any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. ~,~ " " ' "' '^" ' e, .~' . t;l.l ~"'/M,,~ 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 formality as this Agreement. The failure of either party to insist upon the 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. 14. ENTIRE AGREEMENT. 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. 15. 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. 16. 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 agreement. 17. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18. DISCLOSURE OF FINANCES. Each party hereto confIrms that he or she has relied on the completeness and substantial accuracy of fmancial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 19. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation, . ','" - ~ " ,. ',. -I" , -, ,.,.. ". c.. __"'~, \ . -"~. ..- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: WIFE: HUSBAND: ~ p#-tdJ C. Michael C. DiTonno , ~;, '" > ~- ",' .' ;"'J'''~-~-''~__~P_ '-.',-.-',.'" -',~- ~~,~~" "'OJ;' ", EXHIBIT "A" SOLE PROPERTY OF HUSBAND Husband shall be solely responsible for the Mellon Bank Platinum Card, a statement of which is attached hereto and made a part hereof with an approximate balance of $8,048.06. Husband releases and indemnifies Wife from any claim on the same and agrees that he will make prompt and timely payments on the card. Husband agrees that he will hold harmless Wife for any claims made against her based on the debt representing this card and will pay all costs or fees which he incurs because of the same. McoUL ~_. - ~ ,,"' ~~~" '-.' """ -, , - ""'''''; rc.o-'::::~-'::::~lQl lQJo-'f( t<.t-'t.UX 717 761 7823 P.02/02 , < 0100 010202 Pq.,..rl . ~ Mellon Bank SAD . '10 7 , g'AaM'" 113116 Plgo.lotl D2/0ZI01 Accounl8u1ll1ll8rY ..f!evIOU. balanoe Paymonll and orecllll Purohun and advance. FINANCE CHARGE' Dabit adiualmenla N_w balan.. $8,22~~l!L .,j175.00 $0.00 $0.00 $9.00 $8,04&.06 C..d~ lim~ Available oredlt Daya In billing period $8,000 $00 30 . FIII'ca.lln.;..... or. ..,OM It" or ....., earcL ..._:m......t.. B-~.d_.....' P.o."""'" . NIliWAAIC,H~07m_. ~~!...:_:. ~l1~~lli~"''';;: Ii!{.~'~~~'~~'f,~~i;i:: ~~ :~r.,::~;!~~:~'..:: !~!,~~( ~~~... ~~ ':.: ~,ilk, :;,:~ ;m~~l[!:8!ilii9!~j]J~~~~f;i~Jjii:7~~!fr~?:ti:~~'1;~[J;f;~~~i:~j::i~:: o Ot/24 Ot/24 oao...._ 8525807DAOD'f45A8W PA'fMENrTHANK YOU W1Ul1INGTON DE Amu-unt 175.00. An.amoraoll.A::lllawllJdbjlil.mlJUI Nl..ctedilrxt:nJtffba1lnoe. , Punrtlalft"" . C..h _Aft'.,_ Dilly 11II1.00 It;tl7'' 0.00 ,;f.:',:::,: .l;!IllV PeltadlD Aolo ,_.. .06875'llo Nominal APR 20:_' 84.0II'Y. 'T,anlaolOn F... 0.00 O.DO Flnana_ e...,. 0.00 O.DO TDTRl P. 02 ,-'os,." ',- ,*:,' 'M"',-"< "Y" ." . ~",--- ,- , '-";,l JENNIFER DiTONNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VNAIA v. : NO. 01-750 Civil .1. MICHAEL C. DiTONNO, 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) or _ 3301(d)(I) of the Divorce Code. 2. Date and manner of service of the Complaint: February 13,2001- See Acceptance of Service dated February 13, 2001 and filed to the above-captioned term and number. 3. Complete either Paragraph A or B. Al Date of execution of the Affidavit of Consent required by Section 330 I (c) of the Divorce Code: by Plaintiff: May 18, 200 I by Defendant: May 18, 200 I A2 Date of filing of Plaintiff's and Defendant's Waiver of Notice ofIntent: by Plaintiff: May 18, 2001 by Defendant: May 18, 200 I B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: 4. Related claims pending: The Marriage Settlement Agreement between the parties, filed Aprail6, 200 I, to the above-captioned term and number is incorporated but not merged with the Decree in Divorce. Dated: May 18,2001 :~~&:~ Bru/:e D. oreman, 'ESqUl Attorney IV 21193 4409 North Front Street lIarrisburg,PA 17110-1709 (717)236-9391 Attomey for Plaintiff ~~_-'dJ.,.~", !!lil!it!;;!,j~r;;;~!<>i'ili>iilili!!l"W~"J!#J.'i."';ti""""'~iiOO!lii&~j'll"'t'Jiilil"~"'iOJ!~"]'~Mi~~~~,," ~, ~ " , ,'~ " ~_. ~_. ~ - .,.,~, ~^",.' , ,~-" . ->-~-, ~. < ,.. "'~.....~ ~'~~! (~" ~1lI'" L , ~~ - ~'I C) C,) C~) C~ , , ~;:: -,:;". -v n~ .:.=:-" nl --~.. Z :T ,.+- Z C~ . , ... 0) CO 1.. -< , ( , ~ \... _.J -' +" j::> C) - - -l~' ;Z C) C) s> RS .-, iTl C :::~ ::;:.,: =< > <::) =< ~~