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Home My WebLink About01-05770 , ~~" , L" k' , , ;to l+::l+::;tO , " , , . . . . ... . . , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , . . PENNA. STATE OF . , . DAVID MARCHITELLI No. 01-5770 . . . VERSUS , ROBIN MARCHITELLI , . , . DECREE IN DIVORCE . . . , ~0ltI1R>>.fJ-.. '2- ,r"'J-1}O~ IT IS ORDERED AND AND NOW, . . . , , , . . . . , , . . , DAVID MARCHITELLI , PLAINTIFF, DECREED THAT ROBIN MARCHI TELL I , DEFENDANT, AND 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 , , All claims which shall have been resolved in the be incorporated with this YET BEEN ENTERED; Settlement Agreement attached Marital document. , , , , . , , ~ , , , , , , , . . . . . . , . . . . . . ,.........._~ .. . /.-" ~;~~~~.::-(, ...... . ~-Z '-/_-', - ., -,,\.~ ~.~- "~:c.F - ;--- ,~.:,-~- .~ ~- r '.~ -, ~ / , ~\~:"''''',:~{~'::: ....,~ li- .~.~ .\;""'_ .......,;A; ,..',-" -- :+~l+:::f.,.,l+::,., l+:: l+::l+:: ~l+::l+::r-lil+::;tOl+:: l+::l+:: l+:: l+:: l+:: . . . . . . . r-lil+:: l+::l+::~l+::l+::~l+::~l+::~:f.~l+::l+::l+::/ PROTHONOTARY o.o.QQ~o.o.oo 0.0.00.0.0. , .. . , ,.,} --I, l+::;tOl+::l+::l+::'\l: . . . . . . . . , . . . . . , , , . , . , . . . . . . , , , , . , , . , , , , , , . , . . . , , , , . . . . . , , . , , . . , . , . . . . . . , . . . . . . , , , . . . , . . . J. . . ~ n . -r 'Jl] ,,,,,. "lTr'-~lt"\"ttt..-'tt1jfl~:1h'~1fli'fJYj ,.,< "c--1'~nlil_]J:i\ifn@"it'Yii'ffii~~r&~~ N-~3g ~)J ~ /? ""P ;~ ~ -i -tb- ~ ? ~ ~-P? ~ - //0. r:-~ /# ' f" -(1 . t ",~< , , P pfi/ .. ,"~ <,'~~I!!!I!!' ~=;, " ~J , ..,:,,~,", Illff 1!! n J,~ r_",",,,,,..,,.,,",,",,,,..d'I'!!I\"I'J~~*,~'WJ:f'1'tjM"""'~~~'j!m""I!i!l;lfl!~'-\1f1'!';, '!'1!!-I!!Hll~'i.'1J;ll~l.l:w.~~~\WI'~toll1!;1'"~~c'i'q ':"ff-, .. -, DAVID MARCIDTELLI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE ROBIN MARCIDTELLI, Defendant : NO: 01-5770 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY; Transmit the record, together with the following information to the Court for entry of a Divorce Decree: I, Grounds 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 Marchitelli, August 5, 2004 4. Relating claims pending; 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 Praecipe to Transmit Record a copv of which is attached. if the decree is to be entered under section 330Hd)(l)(i) of the Divorce Code, Not Applicable 6. Children Cope with Divorce attendance: Plaintiff: Defendant: Not applicable Not applicable ',.!t>r_._ . -, ,"0, '-~ " . ~>-'~--~:~,~. 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'?j""""," -<~""'''~ " -,- .~~ ;,: ;;-,c ~':-: ',' :- ',,'~U!f.<' -, -"',",,-~< ~ -",,' - ~, ,~ ~ (,"\,;;;",::",..>:':"1-'1; :: ,~::<';~:,':ri\~'- ~'t~~ ;,::, ';.- McCLURE & MILLER LLP ~1f - ~ by ) =--=--=- Tracy L. arris, sq, ~ - 717 State Street, Suite 701 Erie, PA 16501 Ph(814 )453-3681 ;Fax(814)454-1554 Pa, LD, 87956 ,f..:;~"'-'" . - , - '," -',' - j;<,i'~4>:~,:-i.i;;t:ci~d ,i~,:~:'f,;(;~o.i.~,;;,,:;;:,;~~<':,d j~;~~:' ., ~" ,- " I ~'<'" , :,]'i>.; , ., ~l-:h ~ :T,,'.':':;:- ;"-,,.';,L.,i:;));;:{::,':;; ~:'::/i>)i,i,;:'~: ~i.:(;i ;'.'.i.., ~,:,;..;:,:j~~.A<;' " .- -d".~.t~ " ~ '~'TIl ri-~~::if"""c'''(f;V/'~~:''~ ~T'{~~i:iA~f~""."11~:~'t;trf;}."'_"'~'-",~;~~!1~rf'~~'t~~f",*.:0$fi~';}SU;g~i~i!t;1::;-~ .. C) ~:; "":;:;:> ~,r;-~ :,':'iF< ,-, \."..J "q :';:t nl;;[! -r:lrn :: ~ 'J C-J C~~(:; -r-rJ i'-::~? ~~; '--, iT:, ~") J,~", '",.-' co :-'J 1'-, ::"71 -< i'i " i~ I" ;i ," i-j i: I' i-i , ,~: / tffi ~ ,ii', I:' i:i: :,: -'i-- ,:,; ", "w"" , jj~i ,~-_. ,_~~"".w,_" ",-"-.".., '-:?'~:::"":"~'_~ ;~:, ~r"(:'t:'>;H:T(f~!'q"i'[-;'1-'~'-{~' :.,::::::?']f~;':~:},,',,:,?.:-:-1/~'~~~;;::;~,~"i::~::.:c:'J!iY~_(':"~"'1r-",~f~\:T}~~-:t:'. .n:;-";/F"'_ ,"",~~~~~ifl~-~~, _"W!-~!\"~_",, -~, _J_~~'-~~~C,!'t'>J~_-~~-~,~f:fuj~: -""T- '4.. , . MARITAL SETTLEMENT AGREEMENT ~~ THIS AGREEMENT, made the' day of ~ ~ ,2004, BETWEEN Robin Marchitelli, residing in Erie County, Pennsylvania, hereinafter called Wife, -AND- Che~kto@~ G~i" @P~ David Marchitelli, residing in Erie County, Peaasy],vilafa, 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 property now owned or belonging to the other or which may 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 knowingly waive such right to counsel. NOW, THEREFORE, the parties, intending to be legally bound, do covenant and agree as follows: 1~\,,__ - ,-:-'_',~o_ '~"';,U'I"": -, _-"l~~~- - !O'_ ~< 'C" ~ , , 4.. , ' 1. INCORPORATION OF RECITALS The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 3. INTERFERENCE Each party shall be free from interference, authority, 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 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. 4. DESIRE OF THE PARTIES It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise, and setde all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequendy acquired by either party, and to settle all Page 2 of 15 -i"'~ , -".-- -'-. . r, t., - , - T-~__,___.t, ~ disputes existing between them, including any and all claims that either may have against the other for spousal support, alimony, counsel fees, costs, and equitable distribution. 5. 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 party 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 party 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 party ever had, now has, or which may be provided by future 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 -~-.. ~ ----,~ ,-- ,'~ ., " "1 '-, .. .' I , , -~Oijrl _ , fl. 7. WAIVER OF CLAIMS Except as herein otherwise provided, each party may dispose of his or her property in any way, 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 necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 8. BREACH If either party breaches any provision of this Agreement, the other party shall have the tight, 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 oflega! fees and costs incurred by the other in enforcing the rights 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 ."- -,.'. "., . 0' ~ , <'\. , ' party in defending the breach ot 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. Otherwise, the execution date, and effective date, is the date of execution by the party 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 counselor have been advised of such right and knowingly waive such right to counsel. Both parties acknowledge 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. 11. ADDITIONAL INSTRUMENTS Page 5 of 15 .~;~~,. . -~ - ,-~ "- . ~- . ."' ': ., 1'_ ~,",- 1 , - !.-- I ~ , I. , ' 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 DISCLOSURE 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 property are not set forth in this Agreement, that each is personally aware of 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 formality as this Agreement. The failure of either party 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 ''Si!:_ .' ,,-,"~ 1-~"'1 ' ' "'- ....",,-- , , "'f"'~ ." , . 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 laws 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 without limitation, jewelty, clothes, furniture, furnishings, rugs, carpets, 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 property 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 ''<'', "" _,.,.r 'I - ""' - .<\ , , or she may have with 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 titles necessary to effectuate the above transfer. D. Both parties agree to obtain their own motor vehicle insurance policies. E, Both parties agree to assume any encumbrances, if any, on their respective motor vehicles. 19. AFTER ACOUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereinafter acquired by him or her with 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 -:'"". ^ > "" -~- r'. ~ ~,~ -"I' ' ~, -'~ I 'f\. , , 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 ACCOUNTS Upon execution of this Agreement by both parties, Wife shall waive any and all right, title, 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 PowerS aver 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] anuary 28, 2004 of $6,442.00; d. The ScottTrade Account, as of November 30, 2003, had 153 shares of Agilent Technology, Inc and 568 share of Hewlett Packard Company. Upon execution of this Agreement by both parties, 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 "-m~._~ " , !!"'~I ," ",C _ - .'- . I' , , -' The parties acknowledge that Husband received approximately $3,218.00 when he cashed in one of his life insurance policies. Wife waives any and all right, tide, 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, which policy has a cash surrender value that is offset by a loan balance. Husband waives any and all right, tide, 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 IRA with Cuso Financial Services, Inc., Account #4Y5921970, with an account value as of February 27,2004 of$164,890J4. 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 rolled 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 flied as soon as possible following the execution of this Agreement by both parties. Other than as stated above, each party will retain all pension and/ or profit sharing plans, bank accounts, stocks, bonds, securities, credit union accounts, and individual retirement Page 10 of15 "",~ ~. '"t- <, ',"-' '1"'.' - ~~ - ,...., ('-.. , , accounts listed in each party'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, New Cumberland, Pennsylvania, which, by agreement of the parties, was sold. The parties further acknowledge that Husband received $12,290.00 of the net proceeds, with 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 property, During the marriage, the parties purchased a vacant lot near the marital residence in Fairview Township, York County, Pennsylvania, which is currendy 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 property after normal and customary closing costs. During the marriage, the parties purchased two 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, tide, 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 of 15 .,rT"':; _ ,-. -,~ -'1" ~ -. , - -I . ~~ " ......,.. j, . _. all documents necessary to transfer any and all right, tide, or interest she may have in the cemetery plots to Husband. 22. ALIMONY, ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. COUNSEL FEES, EXPENSES. AND ALL MARITAL RIGHTS Wife has filed a spousal support/ alimony pendente lite/ counsel fees action through the Erie County Domestic Relations Office, P ACSES Case #599106077. Husband acknowledges that he is obligated to pay $1,000.00 per month in spousal support, which 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 may Praecipe the matter to the divorce list. Upon entry 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 County 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 his place of employment. Each party shall be responsible for his or her own uninsured medical, dental, vision, prescription, and orthodontic expenses. Page 12 of 15 ;-"'~ .~~. ,~ ~-"_~"'1?-:'2l ' ~, , "",' '''''''OJ, .. . 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 serve 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. DIVORCE Husband and Wife agree that the marriage is irretrievably broken and will proceed with said divorce action under 23 Pa. CS. ~330l(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 4lIli!107","~_' ~ '0" ,,~_,_ :'~"~<_<"I~?' , ....,.... ", '. ~ "I ." .. ... ' IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. G2 Witness 6~G-G wA0, '11'1:. " _, "0 _~! ,~_ ,~_ '"'-"".rl' c; ~fC ??2P<<'hdifLc . in Marchit Ii ~ .--:;" .-- ... . David Marchitelli Page 14 of 15 - f" . ~ w;~t.,,,- COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ERIE On thi~ day of , 2004 before me, a Notary Public, the undersigned officer, personally peared Robin Marchitelli, known to me, to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto et my hand and official seal, H OF PENNSYLVANIA Not ry Public Notal1al5eal Lory A. Vlra, NotaIY PublIC CIIy OfElIa. ErIe COun~ My Cllhdllillllon ElcpIm Nov. 6, 2.007 Membof, Pennayl\lllnla A88ocIltlon Of NllIIrlN $7);fj'G 6eu~/a tiJj) COMMONWEALTH OF PENHSYLVANM SS. COUNTY or ERIE 0~44~ j1jjJ On this J!::L day of :SL/N~ ,2004, before me, a Notary Public, the undersigned officer, personally appeared David Marchitelli, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, ~~- Notary Public Page 15 of 15 '1:;;;-:JT1f!, ,~, -=:. "1"'-'1 . ~- ",," ~-- .~-"""'--~ "' " -,-<,,""'_o_'~_~ , 1T ~ i . - "" .:~l () c-:-:: ~-r I .,-; "--f"" G"'l +:~J \.0 " ".' .... ~' i~ ';~ ]v:~~"nT.~"':TilJ\:~~, ''''''_~ 1ll1~'I"ijl[J!I!Illll'!lr_. .JJ!i8l!t~_,..~IIl,~~~_:-)J~~~~%!'li~';!"';:;"" ',;-;'f"- """~!3'i'l'!".,*;f~';""'!f<'l~"!1i1?~\'l~i\'lS~~:ff'W;~_'.i'!?t;.w,\r\;.~~~ , > T ~ ^ ~ ". IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DAVID MARCHITELLI, Plaintiff v. ROBIN MARCHITELLI, Defendant ,. ',,~ "I'. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.: bl-5~70 ~ Type of Pleading: 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 ~m <' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DAVID MARCHITELLI, Plaintiff v. ) ) ) ) ) ) ) ) No.: 01- S77C> Cio~L 7~ 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 MAYBE 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, LA WYERS 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 LmERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 . -~, ~', ~ . --', -'I ~- ~ ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DAVID MARCHITELLI, Plaintiff ) ) ) ) ) ) ) ) ) ) No.: Dl- $''776 CU)~L<-r~ ROBIN MARCHITELLI, Defendant COMPLAINT COUNT 1 - DIVORCE AND NOW, comes the Plaintiff DAVID MARCHITELLI, by and through his attorney, James E. Whelton, JI., Esq., who brings this Complaint in Divorce, of which the following is a statement: I. The Plaintiff is DAVID MARCIDTELLI, who resides at 1832 Anna Street, New Cumberland, Pennsylvania, 17070, whose social security number is 215-80-5274. 2, The Defendant is ROBIN MARCIDTELLI, 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 ""'~;~.~-". ,,-"" -, ,"c , ......" 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 EOUITABLE 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 defined 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, @ j!. ftLcti.... 6= JA ES E. WHELTON, JR. . orney for Plaintiff Royers Building, Third Floor 114 South Main Street Greensburg, PA 15601 (724) 838-8646 2 ~"""'!'ii' . 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. 9 4904, relating to unsworn falsifications to authorities. ~ DAVID MARCHITELLl Date: It> /; IoJ / / I""., :'"'" - ,- -co. - >' 'IY"'~ ~ , ,-'" ..-[a1i1" J:,~!f!:tIJ~li<!l~N~ -~'-~ ~-- "e__ _~ ^~~ --- ~ r\) CJ>. ...... ....... "t--) ~ ',," "-"I 0<") "-> ""i ~ J ~ " '..- Ov ."... tj ~ -...., \..N ~ '" C:~ "" <.l' c:! a~F, :~:, f"-' en' ~ l~~~ ~> .:~ ):';' t~ r.;:;',: :':) -) .....j ...-' ~ ,,- ._~~~"_,~~"'~f ,-, " it!h'o/.~)!;H1U*"!>;,,,",,W'ir'i";;<; ~"i?;'i; ;1",'f"J!'fNl)0~l1!~~rJ!C~j,;'~~!Ij~~jP~ DAVID MARCIDTELLl, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE ROBIN MARCIDTELLl, Defendant : NO: 01-5770 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330 I ( c) of the Divorce Code was filed on October 2, 2001 and served on October 31,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE 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 rights concerning alimony, division of property, lawyer's fees or expenses in 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ..~~ David Marchitelli Dated: 7- .h -tJY i.'~ '; , -~--""" '--"'~ "'k"'o "'_",~_, ,-~-"..,",,,,"-, "-,- -,<~_-,~I~'-;",: 'P-;,"'- -,,'- . - ."- -~ . =" - -" ~-:- '. , "'~ t" ~ ^~, , "" 'oU"-~'I" , II 'I I ! i I Ii I I II I! I 1'1 " I!I !:I I~ I" i" I!i, Ii 1',1 1,,",,1,,1 ., !'I i'i i,'1 II,',:' !( . =;~-'- ,,-"~' '-~~'-"'''> - w -<~~ _,,~.. "-~""""-.<N',-.'d"''''''''-~'_'''' ~ 'C-,' """~"'""'''""m"JJ!l1"" I ' (5 #1/ 'in milTI' j ,U,lll I' ", CC:':'! 1'''''' ~ ~,~~,' ~r=- U:) m <, ;"-_' _ji-~'~~~~~-~":--"-"~7PT'~~ 'R[ lr . ":.'~ ,~'"'' __:'~ _' ,,_,_'>'n, ;o,,~",5';"" ItUI~~ ;".~ ~,,-~-<<~ " ~~." IN THE COURT OF COMMON PLEAS ~i\) \IlR..ro+\ n E.U.A Plaintiff OF ERIE COUNTY, PENNSYLVANIA v. ~,~ '((\i:l~\\.'l..J.A Defendant NO. 'S"'l1'O- aGOI AFFIDAVIT OF CONSENT L A Complaint in Divorce under 3301 (c) of the Divorce Code was filed on Ch.\-,h, 0( l\, (tCXJI 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce, 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. I verify the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S, 4904 relating to unsworn falsification to authorities. Dated: 1 - 5" - 0 ./ 9t/K- '7Yj/1.1J'A< -irJl II. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE 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 rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary, I verify the statements made 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 unsworn falsification to authorities, DATE: r-S-6~ ~ '7rJ~h:t<./4 / ;'" ,~ --~ '"~- '-i~ '-1 - - r- ;t" .' <,- ts. f,yf/ ~"'" " I] J[I rnllrl!llll"~ "" C":::J S2 () -Ii ..J ff1 iZi ;~B~g ~:-~ (.I; ~';~~ .1 :~~~: ..-...'n, f'.'- (;,::; u') C.ci ~~ ~~II@!,!ll;'..J\l~-'llI~_.,_.!I!I"!I-~~",,,,,,,o!t~*-~_~~f,,H\'?~'i!;'mif)Wl-E;i;l',J<<B'-r~!ij:raWtl;;q'"r"-"N""c'-"-""J:'~'~,'$!\'r;;""'4"-ifj;;f",~~,0;:'I"'p,.jcl)"~O%;'il"'\!.'1f.f~lifl'_'%i'!l-'J~'~l~i' ~ili\ ."" '.~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DAVID MARCHITELLI, Plaintiff v, ROBIN MARCHITELLI, Defendant ~ E}iJ'1lf ,i~. ^ c' '.' '.,,: r ,,~~ - .,' ,__ ". fl._ '" ,", .."7"+ ," "._ .,', ., ,~ - --' % ", .". -' ~- ,'~ ", ", .~- ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No.: 01-5770 Civil Type of Pleading: 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 ~J - \!Ii. '. .,. "-"~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE DAVID MARCHITELLI, Plaintiff ) ) ) ) ) ) ) ) No.: 01-5770 Civil v. 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), Dare: \~-d.-~-a" Q~~LQ~ Paige E Peasley, Esq. Attorney for Defendant Robin Marchitelli 150 West Fifth Street Erie, PA 16507-2199 ,- -~ -;'-''':-1 --'r-'- I" ~.~-~~ ~ 8~ !!II , ~ -. ~ .~ ~ ~.~ .~~ p<'-'-~'=', ~-~~-~, ''''T''ll jl~ i III m Ii. iillr'I'Y C) ;:: -oct. rlll'l--_ 2:7:/ :-Z.C en_: -<",:-. Q'\:':- ).>c' Z -, 5~; :':3 -. r'~, Cd r;; --1 .~ , w.:l '-.' , . ......1 :-:J c;:) .,. ~!p[Ji!!lJ~""fW~I"!'i1i1~"""",."",~~(~.'j~~!R'",F:~"-"''1\~<".,-<).k;'''';;''",-,;,"'C"i'-"_'i't;';~:'.'il<:1!R'~"'{&';~!P.;~M""~~~~.;J'!lr ,_,~l_(,J~'!~if,F