HomeMy WebLinkAbout03-2314JENNIFER L. SPINELLI,
Plaintiff
Vo
ANTHONY J. SPINELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003- ~?~ i~/ CIVIL TERM
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 at the Cumberland County Court House,
Carlisle, 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 GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU
DO NOT HAVE AN ATTORNEY 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
JENNIFER L. SPINELLI,
Plaintiff
Vo
ANTHONY J. SPINELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-
CIVIL ACTION-LAW
IN DIVORCE
CIVIL TERM
COMPLAINT UNDER SECTIONS 3301{C)
AND 3301(D) OF THE DIVORCE CODE
1. Plaintiff is Jennifer L. Spinelli, an adult individual who currently resides at
687 Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Anthony J. Spinelli, an adult individual who currently resides
at 5073 Stacey Drive East, Apt. 204, Harrisburg, Dauphin County, Pennsylvania 17111.
3. Plaintiff and the Defendant have been bonaflde residents in the
Commonwealth of Pennsylvania for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on October 30, 1993 in State
College, Pennsylvania.
COUNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above.
6. There have been no prior actions of divorce or for annulment between the
parties as to their current marriage.
7. Plaintiff and Defendant are not in the Armed Forces of the United States.
8,
broken.
9.
Plaintiff avers that the marriage between the parties is irretrievably
The Plaintiff has been advised of the availability of counseling and that
she may have the right to request that the Court require the parties to participate in
counseling.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree in divorce.
COUNT II - EQUITABLE DISTRIBUTION
10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above.
11. The parties have acquired both real and personal property, including
automobiles, bank accounts and other items of miscellaneous property during the
course of their marriage, some of which is marital property.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a
decree which effects an equitable distribution of marital property.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
DATE: ~" I~I' o ~,
Michael A. Scherer, Esquire
I.D. # 69174
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dirldomesticlspinellildivorce.pld
VERIFICATION
I verify that the statements made in the foregoing Complaint 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.
Jennifer L.~Spinelli
JENNIFER L. SPINELLI,
Plaintiff
ANTHONY J. SPINELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
AND NOW, this IDTM day of May, 2003, I, Anthony J. Spinelli, Defendant above,
hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P.
1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint.
mas.dirldomesticlspinelli/acceptance.ser
JENNIFER L. SPINELLI,
Plaintiff
ANTHONY J. SPINELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
NOTICE OF ELECTION TO RETAKE MAIDEN NAME
Notice is hereby given that the Plaintiff in the above-captioned Divorce Action,
hereby elects to retake and hereafter use her previous name of Jennifer L. McCartney.
This election is made pursuant to the provisions of 54 P.S. 704.
Dated:
J Jennifer L. SpiT--~lli
TO BE KNOWN AS
~ Jennifer ~-. McCartney ¢
COMMONWEALTH OF PENNSYLVANIA
: ss.
COUNTY OF CUMBERLAND
On the I~L~4 day of August, 2'003, before me, a notary public, personally
appeared Jennifer L. Spinelli to be known as Jennifer L. McCartney, known to me to be
the person whose name is subscribed to the within document, and acknowledged that
she executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
M~r, Pe~msyfva~a AssodalJon Of Notaries
JENNIFER L. SPINELLI,
Plaintiff
ANTHONY J. SPINELLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on May 14, 2003.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of a final decree in divorce without notice.
4. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
5. 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.
6. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:
/" " Jennif~'/L Spinelli
MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
JENNIFER L. SPINELLI
AND
ANTHONY J. SPINELLI
Michael A. Scherer, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-6873
Counsel for Plaintiff
Galen R. Waltz, Esquire
TUI~O LAW OFFICE
28 South Pitt Street
Carlisle, Pennsylvania 17013
Telephone: (717) 245-9688
Counsel for Defendant
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~/f/~ day o1: ~,,'6V~: "r' ,2003
by and between Jennifer L. Spinelli, of Cumberland County, Pennsylvania, and Anthony
J. Spinelli, of Cumberland County, Pennsylvania.
WITNESSETH:
WHEREAS, Jennifer L. Spinelli (hereinafter called "wife") currently resides at 687
Mt. Rock Road, Carlisle, Cumberland County, Pennsylvania 17013; and,
WHEREAS, Anthony J. Spinelli (hereinafter called "husband") currently resides
at 5073 Stacey Drive East, Apt. 204, Harrisburg, Pennsylvania; and,
WHEREAS, the parties hereto are husband and wife, having been lawfully
married on October 30, 1993; and,
WHEREAS, the parties have lived separate and apart since on or about April 13,
2003; and,
WHEREAS, wife filed a Complaint in Divorce to th(; term and number above-
captioned on May 14, 2003; and,
WHEREAS, there were no children born of the marriage; and,
WHEREAS, the parties hereto are desirous of settling fully and finally their
respective marital 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 consideration of these premises, and of the mutual
promises, covenants and undertakings hereinafter set forth, and for other good and
valuable consideration, the receipt and sufficiency 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:
1. PERSONAL RIGHTS. Husband and wife may, at all times hereafter, live
separate and apart. Each shall be free from all control, restraint, interference and
authority, direct or indirect, by the other. Each may reside at such place or places as he
or she may select. Each may, for his or her separate use or benefit, conduct, carry on or
engage in any business, occupation, profession or employment which to him or her may
seem advisable. Husband and wife shall not molest, harass, disturb or malign each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in
any manner whatsoever with him or her. Neither party will' interfere with the use,
ownership, enjoyment or disposition of any property now owned by or hereafter
acquired by the other.
2. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her
selection. Husband has secured legal advice from, Galen R. Waltz, Esquire, his
counsel, and Wife has secured legal advice from Michael A. Scherer, Esquire, her
counsel. Each party fully understands the facts and his or her legal rights and
obligations, and each party acknowledges and accepts that this Agreement is, in the
2
circumstances, fair and equitable, and that it is being entered into freely and voluntarily,
and that the execution of this Agreement is not the result of any duress or undue
influence, and that it is not the result of any improper or illegal agreement or
agreements. In addition, each party understands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital 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, each party hereto still desires to
execute this Agreement, acknowledging that the terms arid 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 Cumberland County, or any other court of
competent jurisdiction, make any determination or order affecting the respective parties'
rights to alimony, alimony pendente lite, support and maintenance, equitable
distribution, counsel fees and costs of litigation.
3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery including, but not limited to,
written interrogatories, motions for production of documents, the taking or oral
depositions, the filing of inventories and all other means of discovery permitted under
the Pennsylvania Divorce Code or the Pennsylvania Rule.,; of Civil Procedure. Each of
the parties further acknowledges that he or she has had the opportunity to discuss with
counsel the concept of marital property under Pennsylvaniia law and each is aware of
3
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 of competent jurisdiction. The parties do hereby acknowledge that there
has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly, in the name of or~e party alone or in the name of
one of the parties and another individual or individuals. Each party agrees that any right
to further disclosure, valuation, appraisal or enumeration or statement thereof in this
Agreement is hereby specifically waived, and the parties do not wish to make or append
hereto any further enumeration or statement. Specifically, each party waives the need
for copies of bank statements, insurance policies, retirement plan statements or any
other documentation. Each party warrants that he or she is not aware of any marital
asset which is not identified in this Agreement. The parties hereby acknowledge and
agree that the division of assets as set forth in this Agreement is fair, reasonable and
equitable, and is satisfactory to them. Each of the parties hereto further covenants and
agrees for himself and herself and his or her heirs, execul:ors, administrators or assigns,
that he or she will never at any time hereafter sue the other party or his or her heirs,
executors, administrators or assigns in any action of contention, direct or indirect, and
allege therein that there was a denial of any rights to full disclosure, or that there was
any fraud, duress, undue influence or that there was a failure to have available full,
proper and independent representation by legal counsel.
4
4. MUTUAL CONSENT DIVORCF. It is the intention of the parties, and the
parties agree, that by this Agreement they have resolved all ancillary economic issues
related to the dissolution of their marriage and thus any divorce action with respect to
these parties shall be limited to a claim for divorce only. ~Nife has filed a Complaint for
Divome in the Court of Common Pleas, Cumberland County, Pennsylvania, docketed to
No. 03-231z~ Civil Term. The parties agree that they will each execute an Affidavit of
Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order
that counsel for husband may finalize the divorce action in a timely fashion. Upon
completion of the divorce action, counsel for wife shall supply counsel for husband with
a copy of the Decree.
5. EQUITABLE DISTRIBUTION.
A. Real Estate. The parties are the ow~ers as tenants by the
entireties of real estate located at 687 Mt. Rock Road, Carlisle, Pennsylvania, the
property in which wife is currently residing. Husband shall become the sole owner of
the marital residence. Wife agrees that, at the time husband satisfies his obligation
under subparagraph "D." hereof, she will execute a deed llransferring all right, title and
interest to the aforementioned residence to husband individually. Husband shall, within
sixty (60) days of the date of the Agreement, cause wife's name to be removed from the
mortgage with Cornerstone FCU with a principal balance of approximately $100,000.00.
Pending removal of wife's name, husband shall indemnify and hold wife harmless on ail
financial obligations relating to the said real estate. In the event husband fails to remove
5
wife's name from the mortgage within sixty (60) days from the date of this Agreement
either by refinancing, mortgage modification or other means, the property shall be listed
for sale at a price agreed upon by the parties or determined by the court and, upon
completion of the sale, husband shall retain all net proceeds from the sale. The said
deed referenced above shall be held in escrow by counsel for wife to be supplied to
counsel for husband at the time of the refinancing or sale of the real estate more
particularly set forth above. Wife represents that no unrecorded/recorded notes, loans,
or interest of liability, originating subsequent to the party',,; separation, have been placed
upon the 687 Mount Rock Road, Carlisle, PA property. W/ife disclaims any interest in
the 687 Mount Rock Road property upon execution of the deed to the Husband and
Wife waives all interest she may have in said property.
Wife is purchasing a property located at 223 West South Street, Carlisle,
Pennsylvania. Husband hereby waives and disclaims an!/ownership interest he may
have in said real estate by virtue of his marriage to wife.
B. Furnishinqs and PersonalS. The parties agree that they have divided
by agreement between themselves all furnishings and personalty located in the marital
residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household
appliances and equipment. Accordingly, husband shall retain sole and exclusive
ownership of all furnishings and personalty currently in his possession, free and clear of
any right, title, claim and/or interest of wife and wife shall retain all items of furnishings
and personal property currently in her possession as her sole and separate property
6
free and clear of any right, title, claim and/or interest of husband. The parties have
attached hereto as "Exhibit A" the list of personal property each of them shall claim as
their own.
C. Motor Vehicles.
(1) Husband shall retain as his sole and separate property the 1998 Dodge
Dakota pickup truck.
(2) Wife shall retain as her sole and separate property the 1998 Subaru Legacy
Outback Wagon. Husband agrees to refinance into his name alone the loan on wife's
vehicle through Cornerstone FCU account number 4193--02, in the approximate amount
of $4,000.00 within thirty (30) days of the execution of this Agreement.
(3) The parties agree that they will cooperate and execute any documents
necessary to effectuate the transfer of titles and insurance regarding the above-
referenced vehicles.
D, Payment to Wife.. Husband agrees that he, will pay to wife, in the form of
equitable distribution, the sum of $41,145.00 in cash within five days of the date of this
Agreement. Wife has already received advances from Husband, in the form of check
number 2669 dated June 2, 2003 in the amount of $1,000.00, and check number 2711
dated July 3, 2003 in the amount of $5,000.00 thereby leaving a balance owed by
husband to wife of $35,145.00.
7
E. Pension and Retirement Benefi*-. Husband holds two retirement
accounts/plans through his employer, Ames True Temper. The first is the "Ames True
Temper Retirement Savings and Investment Plan", which had a recent balance of
approximately $70,466.'18. The second is the "Ames True Temper, Inc. Pension
Benefit," with a recent balance of approximately $4,8'12.05. Husband shall transfer from
the "Ames True Temper Retirement Savings and Investment Plan," through a Qualified
Domestic Relations Order, or otherwise, the sum of $26,62'1.00 to an account titled in
wife's name alone, and said funds shall become the sole property of wife; $'10,000.00 of
the $26,62'1.00 shall come from "Voluntary After Tax Money." Husband shall supply or
cooperate in supplying wife with Tax Form 8606 or any other tax form required for wife
to access these funds, and wife may request husband to withdraw the Voluntary After
Tax contributions in his name to be paid to wife thereafter if wife deems such
transaction to be to her advantage. The remaining $'16,6:2'1.00 shall be a direct rollover
from husband's retirement account to an IRA or other qualified tax account into wife's
name alone.
Husband shall retain, as his sole and separate property, the remainder of the
"Ames True Temper Retirement Savings and Investment Plan," and husband shall
retain all of the "Ames True Temper, Inc. Pension Benefit" as husband's separate
property. Wife shall be responsible for the preparation of the Qualified Domestic
Relations Order necessary to roll over the $26,62'1.00 as aforementioned, and wife will
fully cooperate with husband in establishing an account to which the rollover will occur.
Wife waives and relinquishes any claim she may have to husband's remaining
retirement account and pension.
Wife has a retirement account with her employer, the YMCA, which retirement
account has a recent balance of approximately $13,202.00. Wife shall retain her YMCA
retirement account as her sole and separate property and husband waives and
relinquishes any claim he may have to wife's retirement account.
F. Bank Accounts. The parties were the join'[ owners of a checking and
savings account at Cornerstone Federal Credit Union, being account numbers 4193-01
and 4193-07, with balances on July 1, 2003 of approximately $11,000.00 and
$4,000.00, respectively. Husband shall become the sole owner of these accounts and
wife shall not use the accounts after the execution of this Agreement by both parties.
Wife waives and relinquishes any claim she may have to this account.
G. Investment Accounts, Husband shall become the sole owner of the
following investment accounts:
i. Prudential Appreciable Life Insurance, valued at $1,505.00;
ii. Putnam Investments, account number 352602822, valued at
2,671.9O;
iii. Van Kampen Investments, account number 29/670569773, valued
at $2,817.54.
iv. Scottrade Financial Services, account number 74514101, valued at
$10,056.00; and,
v. Fidelity Investments, account number 2AV-410187, valued at
$2,108.59;
Wife waives and releases any claim she may have to these accounts.
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H. I~iscelleneous Proper~. As of the execution dete of this Agreement,
eny end ell property not specificelly eddressed herein shell be owned by the party to
whom the property is titled; end if untitled, the perb! in possession. This Agreement shell
constitute e sufficient bill of sele to evidence the trensfer of en¥ end ell rights in such
property from each to together.
I. Property to Wife. The perties egree thet wife shell own, possess end
enjoy free from eny cleim of husbend, the property ewerded to her by the terms of this
Agreement. Husbend hereby quitcleims, assigns end conveys to wife ell such property,
end weives end relinquishes eny end ell rights thereto, together with eny insurence
policies covering thet properbT, and eny escrow eccounts relating to thet property. This
egreement shell constitute e sufficient bill of sele to evidence the trensfer of any end all
rights in such proper~ from husbend to wife.
J. ~ to Husbend. The perties egree thet husbend shell own,
possess end enjoy, free from eny cleim of wife, the property ewerded to him by the
terms of this Agreement. Wife hereby quitcleims, essigns end conveys to husbend ell
such proper~, end weives end relinquishes eny end ell rights thereto, together with eny
insurance policies covering thet property, end eny escrow eccounts releting to thet
proper~y. This Agreement shell constitute sufficient bill of sele to evidence the transfer of
eny end ell rights in such proper~ from wife to husbend.
l0
K. Marital Debt. The parties acknowledge that, with the exception of the
mortgage to Cornerstone FCU, wife's automobile loan through Cornerstone FCU and
VISA account number 4190 0043 XXXX XXXX, there are no other outstanding joint
obligations. Husband shall be solely responsible to repay all three of the above
obligations. In the event there are any other debts in the name of either party, that party
shall be solely responsible for those debts and shall hold the other harmless on the
obligations.
L. Liability. Each party represents and warrants to the other that he or she
has not incurred any debt, obligation or other liability, other than those described in this
Agreement, on which the other party is or may be liable. A liability not disclosed in this
Agreement will be the sole responsibility of the party who has incurred or may hereafter
incur it, and such party agrees to pay it as the same shall become due, and to indemnify
and hold the other party and his or her property harmless from any and all debts,
obligations and liabilities.
M. Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold wife liable for the debts or obligations assumed by husband
under this Agreement, husband will, at his sole expense, defend wife against any such
claim, action or proceeding, whether or not well-founded, and indemnify her and her
property against any damages or loss resulting therefrom, including, but not limited to,
costs of court and actual attorney's fees incurred by wife in connection therewith.
11
N. Indemnification of Husband. If any claim, action or proceeding is
hereafter initiated seeking to hold husband liable for the debts or obligations assumed
by wife under this Agreement, wife will, at her sole expen~se, defend husband against
any such claim, action or proceeding, whether or not well-founded, and indemnify him
and his property against any damages or loss resulting therefrom, including, but not
limited to costs of court and actual attorney's fees incurred by husband in connection
therewith.
O. Warranty as to Future Obli.qations. Husband and wife each represents and
warrants to the other that he or she will not at any time in the future incur or contract any
debt, charge or liability for which the other, the other's legal representatives, property or
estate may be responsible. From the date of execution of this Agreement, each party
shall use only those credit cards and accounts for which that party is individually liable
and the parties agree to cooperate in closing any remaining accounts which provide for
joint liability. Each party hereby agrees to indemnify, save and hold the other and his or
her property harmless from any liability, loss, cost or expense whatsoever, including
actual attorneys fees, incurred in the event of breach hereof.
6. SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, SPOUS.~I
SUPPORT. Except as provided below, husband and wife hereby expressly waive,
discharge and release any and all rights and claims which he or she may have now or
hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal
support and/or maintenance or other like benefits resulting from the parties' status as
12
husband and wife. Except as provided herein, the partie.,; further release and waive any
rights they may have to seek modification of the terms of this paragraph in a court of law
or equity, it being understood that the foregoing constitutes a final determination for all
time of either party's obligation to contribute to the suppe, rt and maintenance of the
other.
Notwithstanding the above, beginning September 1,2003, and on the first day of
each month thereafter, husband shall pay to wife, in the form of alimony, the sum of
$300.00 per month for a total of twenty-four consecutive months. All such payments by
husband to wife shall be deemed alimony, as described in Section 71 (b)(1)(A) of the
Internal Revenue Code as amended, and as said Section is amplified by the provisions
of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or
regulations related thereto. Payments from husband, when received by wife, shall be
deductible in the year of payment by husband pursuant to Section 215 of the Internal
Revenue Code, as amended, or any similar future laws or regulations thereto, and shall
be included in the year of receipt in the gross income of wife pursuant to Section 71
(b)(1)(A) of the Internal Revenue Code, as amended, or any similar future laws or
regulations thereto. The said alimony payments shall terminate upon the death of either
party, wife's remarriage or cohabitation. At wife's election, said alimony may be
collectible through the Cumberland County Domestic Relations Office and enforceable
by the Court of Common Pleas of Cumberland County as set forth in the Divorce Code.
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7. 2003 INCOME TAXES. The parties agree that they shall share
deductions for county/township and school real estate taxes paid in 2003 and mortgage
interest paid for the period beginning January 1, 2003 until July 1, 2003 for purposes of
deductions on their respective 2003 Federal Income Tax returns. Husband shall claim
75 % of said deductions on his federal income tax return for 2003 and wife shall claim
25% of said deductions on her federal income tax return for 2003. Husband shall claim
all of the mortgage interest paid for the period of July 1, 2003 until December 31, 2003
on his federal income tax return.
8. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, husband and
wife each waives all rights of inheritance in the estate of the other, any right to elect to
take against the will or any trust of the other or in which the other has an interest, and
each of the parties waives any additional rights which said party has or may have by
reason of their marriage, except the rights saved or created by the terms of this
Agreement. This waiver shall be construed generally and shall include, but not be
limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other
jurisdiction.
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9. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset,
benefit or like program carrying a beneficiary designation which 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 pay checks or any other post-
death distribution scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any beneficiary designations naming
the other which are in effect as of the date of execution o1: this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary
is otherwise designated, the beneficiary shall be deemed to be the estate of the
deceased party.
10. RELEASE OF CLAIMS.
(a) Wife and husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and
liabilities pursuant to §3502 of the Divorce Code, and wife and husband hereby waive
any right to division of their property except as 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 property transferred to the other party
15
pursuant to this Agreement or identified in this Agreement as belonging to the other
party, and each party agrees never to assert any claim to said property or proceeds in
the future. However, neither party is released or discharged from any obligation under
this Agreement or any instrument or document executed pursuant to this Agreement.
Husband and wife shall hereafter own and enjoy independently of any claim or right of
the other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the
same fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all
rights and obligations which either party may have or at any time hereafter have 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 of the marital relationship or otherwise,
including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under 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. Neither party shall have andy obligation to the other not
expressly set forth herein.
16
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs,
executors, administrators, assigns, property and estate fi'om 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', courtesy, widow's or
widower's rights, family exemption or similar allowance, or under the intestate laws or
the right to take against the spouse's will, or the right to treat a lifetime conveyance by
the other as testamentary or all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the law,,; of Pennsylvania, any state,
Commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this Agreement
and such rights as are expressly reserved herein, each party gives to the other by the
execution of this Agreement an absolute and unconditional release and discharge from
all causes of action, claims, rights or demands whatsoever in law or in equity, which
either party ever had or now has against the other.
11. PRESERVATION OF RECORDS. Each party will keep and preserve for a
of four (4) years from the date of their divorce decree all financial records relating
to the marital estate, and each party will allow the other party access to those records in
the event of tax audits.
17
12. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
13. SEVERABILITY. If any prevision 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 and effect without being
impaired or invalidated in any way.
14. 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 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 enforcement of the rights of the non-breaching
party.
'15. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver' of any other breach or any
prevision of this Agreement.
16. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be affected by registered or certified mail, return
receipt requested.
18
17. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of
Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in
effect as of the date of execution of this Agreement.
'18. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the
Agreement if they do so on the same date, or if not on the same date, then the date on
which the Agreement was signed by the last party to execute this Agreement.
'19. EFFECTIVE DATE. This Agreement shall become effective and binding
upon both parties on the execution date.
20. EFFECT OF RECONCILIATION COHABITATION OR DIVORCI-. This
Agreement shall remain in full force and effect and shall not be abrogated even if the
parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of
the parties' divorce. There shall be no modification or waiver of any of the terms hereof
unless the parties in writing execute a statement declaringl this Agreement or any term
of this Agreement to be null and void.
21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the
text of the several paragraphs and subparagraphs hereof are inserted solely for
convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
19
22. AGREEMENT BINDING ON PARTIES AND HEIR,~. This Agreement
shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an
attorney of his or her own choice, and has executed it voluntarily and in reliance upon
his or her own attorney, and that this instrument expresses the entire agreement
between the parties concerning the subjects it purports to cover and supersedes any
and all prior agreements between the parties. This Agreement should be interpreted
fairly and simply, and not strictly for or against either of th,s parties.
24. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assignments, consents to change of
beneficiary designations, tax returns and other documents, and shall do or cause to be
done every other act or thing that may be necessary or desirable to effectuate the
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
25. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a Decree of Divorce for purposes of enforcement only, but otherwise
shall not be merged into said 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 are specifically not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the
dates of their acknowledgments.
WITNESS
. ')
/U~enr~f~r L.,Sp, inelli~' ~
Anth&~y'J. Spinelli
On this 4th day of August, 2003, the above signed executed this document and
acknowledge same for the purposes herein contained.
Notarial Sea
Bonnie Jo Deitch. Notary Public
HamlxJetl Twp.. Cumberland County
My Commission Expires Snpt 25. 2005
21
JENNIFER L. SPINELLI, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ANTHONY J. SPINELLI,
Defendant
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODF
1. A complaint in divorce under Section 3301(c) of the Divorce Code was
filed on May 14, 2003
2. Defendant acknowledges receipt and accepts service of the Complaint on
May 19, 2003.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. 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.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: ~/1~'t/0.'~ ~,~.~ -~ -~-
An~(~ny J Spinelli
JENNIFER L. SPINELLI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ANTHONY J. SPINELLI,
Defendant
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORr)
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:
Acceptance Of Service form on May 19, 2003.
Defendant signed an
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent required under Section 3301 (c)
of the divorce code: by the plaintiff September 3, 2003
by the defendant September 14, 2003 '
(b) (1) Date of execution of the plaintiff's affidavit required by Section 330 l(d)
of the divorce code 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: September 8, 2003
Date defendant's waiver of notice in Section 3301 (c) divorce was filed
with the Prothonotary: September 18, 2003
Michael A. Scherer, Esquire
Attorney for Plaintiff, Jennifer L. Spinelli
IN THE COURT OF COMMON
JENNIFER L. SPINELLI,
Plaintiff
VERSUS
ANTHONY J. SPINELLI,
Defendant
OF CUMBERLAND COUNTY
STATE OF ¢~~
NO.
PENNA.
2003-2314
PLEAS
CIVIL
DECREE IN
DIVORCE
AND N O W, ~~_~__
, ~.~, IT IS ORDERED AND
DECREED THAT
JENNIFER L. SPINELLI
, PLAINTIFF,
AND
ANTHONY J. SPINELLI
,DEFENDANT,
ARE 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 AGREEMEN~ DATED AUGUST 4, 2003
IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT.
- FOTHONOTARY
JENNIFER L. SPIN
ANTHONY J. SPll~
The parties,
Spinelli, do hereby
1. Anthony J.
hereinafter
Retirement ~
to as "Plan."
2. The current
Carlisle, Per
3. Jennifer L. M~
hereinafter r
has raised cl
to the Penns~
4. The current a
South Street,
5. This Order a
and Investm~
~LLI,
Plaintiff
;LLI,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-2314 CIVIL TERM
CIVIL ACTION-I.~,W
IN DIVORCE
STIPULATION FOR THE ENTRY OF A
QUALIFIED DOMESTIC RELATIONS ORDER
lennifer L. McCartney, formerly Jennifer L. Spinelli, and Anthony J.
.tipulate as follows:
)inelli, born January 26, 1969, social security number 139-48-5314,
rE ferred to as "Participant" is a participant in the "Ames True Temper
~vings and Investment Plan" described below (hereinafter referred
nd last known mailing address of Participant is 687 Mt. Rock Road,
~sylvania, 17013.
;Cartney, born March 8, 1969, social security number 168-62-7601,
=erred to as "Alternate Payee," is the spouse of the Participant and
ims for, inter alia, equitable distribution of marital property pursuant
Ivania Divorce Code, 23 Pa.C.S.A. section 3101, et. seq.
id last known mailing address of Alternate Payee is 223 West
3arlisle, Pennsylvania, 17013.
~lies to the following plan: "Ames True Temper Retirement Savings
It Plan."
A portion ol
equitable di
Pursuant t,
4, 2003, Al
Six-hundre~
form of ber
Dollars sha
Money" and
($16,621.00
Payee's nan
The distribu
administrati
Qualified Dot
Participant's
under the Pla
spouse for pu
effectively as~
above.
the Participant's account in the Plan is marital property subject to
stribution by this Court.
a Marital Settlement Agreement executed by the parties on August
;rnate Payee shall receive the lump sum of Twenty-six Thousand,
Twenty-one ($26,621.00) Dollars from Participant's account. The
fit shall be a lump sum payment. Ten Thousand ($10,000.00)
be paid directly to Alternate Payee from "Voluntary After Tax
ihe remaining Sixteen thousand, Six-hundred Twenty-one
Dollars shall be rolled into a qualified tax account in Alternate
alone.
q to Alternate Payee from the Plan shall be made as soon as
~ly possible following the Plan's determination that this Order is a
~estic Relations Order.
leath shall have no effect on payment of Alternate Payee's benefit
The Alternate Payee is at all times to be de4emed the surviving
~oses of the Pre-retirement Survivor Annuity until this Order
~lns the funds to Alternate Payee as identified in paragraph seven
10. In the even
the benefit
payments
designate(
beneficiarie
Alternate p~
Domestic R
beneficiary t,
1. The parties
those set fow
APPROVED
// J~nnif
Antler
The foregoing is here
l Alternate Payee dies before the Altemate Payee's benefit is paid,
shall be paid in accordance with applicable Plan provision regarding
beneficiaries, including payments when no beneficiary is
The Alternate Payee shall be entitled to name a beneficiary (or
to receive the unpaid balance of the benefits. The death of
ee before the Plan determines that this Order is a Qualified
rations Order shall not affect the right of Alternate Payee's
benefits from the Plan.
lall promptly notify the Plan of any change in their addresses from
in this Order.
OR ENTRY:
L. McCartney ---~._.~ --~A~./__",(L'~.."~../'
""~""~ ~. ~cnerer, Esquire
Attorney for Plaintiff
! J. Spinelli
)Y adopted as an Order of Court.
BY THE COURT,
/ J-WesleyTOl(~ ,, Jr., j. --