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HomeMy WebLinkAbout99-02471 FINEANDCOSTS:IFlNE;-._u.....,.. I COSTS, '.' -I OTHER: ,.-,-..- TTOTALii1~ OFFENSE: DATE: 3/27 /00 TIME: 2: 06PM LOCATION: 00500BWALNUT ST VEHICLE: PLATE NUMBER: PZL189G REGISTRATION YEAR: 2000MAKE: HONDA TYPE: OFFICER 10: PROCTOR, EDWARD WITHIN TEN (10) DAYS OF RECEIPT OF THIS SUMMONS YOU MUST: 1. PLEAD NOT GUll TV by notifying the district justice above in wriling and lorwarding an amount equal to the total due specified above, plus ilthe offense charged is a molor vehicle allonse, as reqUlled by statute: or if the lme and costs afe not specified, forward the sum of $50.00 as collateral for your appearance at tnal: OR, PLEAD NOT GUilTY by appearing before the district justice abo\l~ and posting such collalerallor your appearance as the districl justice shall require; OR, II you cannot afford to pay the lotal due specified above or tile S50.00 ::oUaleral, you must appear belore the district justice above to enter a pIca; OR, ' PLEAD GUlL TV by notilyin~ the districtjuslice above in writing, signing the appropriate plea below, and forwarding an amount equal to the tolal due specllled above: OR, PLEAD GUILTY by appearing before the district justice above if the total due is not specified. IF YOU ARE FOUND GUILTY BY THE DISTRICT JUSTICE AND WISH TO APPEAL, YOU HAVE THIRTY (30) DAYS TO REQUEST A TRIAL DE NOVO IN THE COURT OF COMMON PLEAS, ALL CHECKS OR MONEY ORDERS FOR FINE, COSTS, FEES, OR FOR COLLATERAL, SHALL BE MADE PAYABLE TO "MAGISTERIAL DISTRICT NO, 12 -1- 04 " IDENTIFIED ABOVE AND SENT TO THE ADDRESS ABOVE, IF YOU HAVE BEEN CHARGED WITH A SUMMARY OFFENSE UNDER STATE STATUTE. FAILURE TO RESPOND TO THIS SUMMONS WITHIN THE TIME SPECIFIED ABOVE SHALL RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST, IF YOU HAVE BEEN CHARGED WITH A VIOLATION OF A LOCAL ORDINANCE OR A PARKING OFFENSE. FAILURE TO RESPOND SHALL RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST, IF YOU ARE DISABLED AND REQUIRE ASSISTANCE, PLEASE CONTACT THE MAGISTERIAL DISTRICT OFFICE AT THE ADDRESS ABOVE, IF YOU INTEND TO RESPOND BY MAIL: Detach and complete the lower portion of this summons witt, your signature all It,€, appropriate plr:a line. \') or (2). If you PLEAD NOT GUILTY, your ctleck or money order must be in tile amount at the total due specilied above, pillS .. if the offense charged is a motor vehicle offense. II the total due is nol specllll~d. your check or money order must be in the. Ii amount of $50.00 which will be held for collateral lor your appearance at trial. You will be nOllhed by mail of your date and tl for trial. ;.' II you PLEAD GUILTY, enclose a check or money order In the amount olllle lotal due specllied above. Failure to remIt the amount of the fine, costs and fees will result in the issunnce 01 a warrant10r yOUl arrest. Your check or money order shall b payable to th~ ~Magisterial District No.~ above. (DETACH IlERE) -_.._._._........___........_._...___.._.._..___......_._........--___.____......_.____.._.._ MAIL IN PLEA I represent that I make this plea knowingly, voluntarily. and intelligently. [Failure to Indicate a plea wllenlorw3rding an amount equal to the total due specltled above Will result In a gUilty plea bCJIlg tecoldea) COMMONWEALTH OF PENNSYLVANIA COUNTY OF: DAUPHIN SUMMONS FOR A SUMMARY CASE TRAFFIC COMMONWEALTH OF Mag OISI. No,: 12-1-04 OJN.,mo: HOrl MARSHA C. STEWART Ad,,,... 1520 WALNUT STREET HARRISBURG, PA PENNSYLVANIA VS. NAME and ADDRESS J & ANGELA Z --, ''''pi''"" (717) 233 -1220 DEFENDANT: 'cOSTA, PAUL 501 HUTH RD CHEEKTOWAGA, L Docket No.: TR-0004407-00 Date Filed: 5/15/00 .J . 17103 NY 14225-1752 PAUL J. COSTA 501 HUTH RD CHEEKTOWAGA, NY 14225-1752 543 gg.08 OVERTIME PARKING 070334S (Charge) 2. 3. 4. 5, PETiTIONER'S EXHIBIT I t-FH. 1. I PLEAD NOT GUILTY. Docket No,: TR-0004407.00 Citation No,: 0100662S ltjlgnatult'1 2. t PLEAD GUILT'(, ACPC 61 7A.99 \t:ilgnaturcl '~~"~~'~"~'~~'~~'~"~'~._"~"~~"~'~-~'V~~~'~"~'~-~.~~~ .'. .,. "~~" ..~. ~"..' .....,..... ,...~. ~...~ ,...~ ...... ....~ ~...~ ~T....T~........~.........,vor.. ~V. ..,.~......~.,......,........."........~,.....".......'.'...I'"'T.....,......^ , .', --------......... ----..------- ~ ~ ..... v ~ ~ ~ ~ ;:; IN THE COURT OF COMMON PLEAS ~ ~ ~ $ OF CUMBERLAND COUNTY ~ ri€ ,'~ (; ~ ~ * ~ ~ :.~ ~ ~ STATE OF i.", PENNA. ~ ~ """~_ --...,.'t. ~ ' ~.! ,', ~ ~ ~~~ . :~~. .l?~~.t.i.<:l? ~~r~.i.a.~~, ~.~~~~.e.ll!~z:1)::. .1i9F~.~!I)~z:1,t, .~\I)::.e.q . f~.l:!,\lil.r.y' . ~ :;'" 2000. * . is incorporated herein and made part thereof for enforcement . .purJ;\oses. .ooly. ,pursuant. .to. Section. 31.05. oS:. .the, .Pa. D-;.,voroe .Code. I~ I~ 1* ',~ . ,.~;;.~:;':-::.:~-'::.:.-::;;.~-::.;: -.:.;. .:+:. .:.:- -:.;. .:+;. .:.:.' .:+;. '.:.;. .:~;. .:+;. .:+;.' .:+:- .:.:. .:.;. .~.:.' o\.~ ~ ~ ..".......... :[ d II II II No. 24.71.......,.., .....,..,...... 19 99 ~ ~.~ ~ ~ ~ '.' .......Angela ,Zaydon ,Costa, Vel'S\lS Paul~c,..C~cst<l ~ '.' .~\ ~ ~.~ ~ ~.' ~ ,', ~ ~ .:f ~ ,., DECREE IN ~ DIVORJ.E~~lOPM.. AND NOW, . . . . . . . . . . . . ~ . ,. ~. . x1Xk. , . . . '. it is ordered and decreed that .......,.... 'Angela' Z'a:ydon' 'Cost'a . . . . . . . . . . , , " plaintiff, and .P.a,lIl-. .J... . (:p,"\1;<;I. .....,..........................,........ defendant, are divorced from the bonds of matrimony, ~ f'~ ~ (; a ~.~ ~ ~.' ~ ~.~ ~ ~ ..' 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; NONE ,;; ~ ~ .,~ ~ ~ ~ g ~ M ~ ~ ~"':-~->>:"1O~ p. J, Prolhonotary c,~. '{ ~, ,'.; ':', 7-1, .':;: ::;' ,<: '.L:- " ?i' ~ ,', ~ .', ~ ~ ~.~ '.' ~ k w. ~.' ~ ,', ~ ~ :~ ~, ~ ;., " :'; ~ ~.: ~ ~.; .', ~ ~ '.' ~ , ~ ~ ~.' .', ~ ~ ~ * * , - " :'.1 "., , WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth In the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 99-2471, Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 .' - 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated Into any Divorce Decree which may be entered with respect to them. 5. NON.MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente liIe, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. 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. 7. DISTRIBUTION DATE. The transfer of property, funds andlor documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained 10 the parties by their respective counsel, Charles Rector, Esquire for WIFE. and Jeanne 3 t,~j' \.' r .' I': ! I I, J' , Each party hereby acknowledges that this Agreement is fair and equitable, that It adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. and to set aside to a party that property which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement andlor arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 5 ....., , 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited it, Jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and othe.r tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WI FE shall receive as her sole and separate property all items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. WIFE agrees to provide to HUSBAND his tools, bowling ball, cleats, glove and jewelry within seven (7) days of the date of execution of this Agreement. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph, 6 14. DIVISION OF REAL ESTATE. WIFE waives all right, title and interest TO HUSBAND she may have in and to the property known and numbered as 90 North Ryan Street, Buffalo, NY 14210, and HUSBAND shall assume financial responsibility for all costs and debts associated with that property including, but not limited to mortgage, insurance and all maintenance obligations. HUSBAND further shall indemnify and save WIFE harmless from payment of any and all debts associated with that property. WIFE shall execute, upon request, a special warranty deed in favor of HUSBAND regarding this property. 15. EACH PARTY RETAINS PENSION PLANS, Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan andlor any employee benefit plan of tile other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan andlor any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 16. DIVISION OF BANK ACCOUNTS/STOCKlLlFE INSlIRANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of 8 HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, tille, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. WIFE shall assume full responsibility for payment of her student loan obligations and shall indemnify and save HUSBAND harmless from payment of same. 9 18. WAIVER OF INH.EBITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, tille, interest or claim, if any, either party may have in and to any Inheritance of any kind or nature whatsoever previously or In the future received by the other party. 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason or obligations incurred by her, 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10 21. SOCIAL SECURITY BENEFITS. The parties agree that sUbject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more In duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 22. INCOME TAX PRIOR RETURNS. The parties have heretofore filed jOint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 23. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 11 engagements or liabilities of such other or by way of dower or courtesy, or claims In the nature of dower or courtesy or 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 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, 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 properly 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 provisions thereof. 27. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13 28. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments andlor documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein, 31. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and unlilterminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affec.1 14 the right to such party hereafter to enforce the same, nor shalllhe waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 33. .ElREACJ:I.. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party andlor otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement. which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C,S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; 15 (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof Including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages, (d) Any other remedies provided for in law or in equity. 34. SEVERABILITY 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. Likewise. \he failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16 j " f ,I', ',. ~,..: " 'C -' -. ,.~ ...._'_._.-..~ . ANGELA ZAYDON COSTA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 99-2471 CIVIL TERM PAUL J. COSTA, Defendant CIVIL ACTION - LAW IN DIVORCE eRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following Information, to the Court for entry of a divorce decree: Code. 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce 2. Date and manner of service of the Complaint: April 26. 1999 - Personal Service. 3. Complete either paragreph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 02/29/00. by the Defendant 02/15/00. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: (2) Date of service of the plaintiffs affidavit upon the Defendant: .' 4. Related claim pending: All related claims have been sellled by Aoreemenl. 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 atlached, jf the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in 113301 (c) Divorce was filed with the Prothonotary 03/02/00 Date Defendant's Waiver of Notice in 11 3301 (c) was filed with the Prothonotary 03/02/00. C ~~dr[:j4A"h~ Charles Rector, Esquire Allomey for the Plaintiff Date: 03/03/00 ...:.::;-........ >- '" ,- (r; Ii: t4. lJ.IF~ .. . .....~ <: () Ii: , .., l..j ....::;: " oJ 5.)( ", .. ,-,,( "_;1 ( ., c: , , r , i. ".. ','L' .....; I:. ." - en ) () (~, (j oL o .---F. e) <}J Q. ~ ()-,.. +-i~~ -4d L- ~i! -..Q CJ Q) ~ ~ '-') ~ ~ ~ ........ CO :i:: -t:" I:..J G a.... U 0:'" 0__ .. N-U) I1l ~ 0_ 0: "1)1 -- II. 5 ~:$~ o g oI~1' I1lI1l ~~E U Ii "'Ill >< ii: 0 ~zi1: 11.01-015' U 0.._ ~ I1l 0 0 ic( 0: 3:::f q; .J (J) ~ i: iD lIJ w~l' .J "- "1' 0: .. 0(- 0( 2UC x- U . Count I . Divorce 7. The allegallons of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. This action Is not brought through collusion between the Plaintiff and Defendant, but In sincerity and truth for the reasons set forth within. 9. The marriage is Irretrievably broken, and the parties are proceeding under Section 3301 (c) or Section 3301 (d) of the Divorce Code. In the altemative, Defendant has offered such indignllies to Plaintiff. the innocent and Injured spouse. as to render her condition intolerable and her life burdensome. 10. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE. Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. RESPECTFULLY Date:* .LL ~arles Rect r. uire 1104 Femwood Avenue, Ste. 203 Camp Hill. PA 17011-6912 (717) 761-8101 ;: >- ~ c:; ..:t ~~ LJJR M "5 0;0;; tl~(~ t':)~ c.!)!L ,'- .:....... r"l--: 1,'" ~~:~ c. ,.~ -- ." (/) ll..!'~ . I J-'" [f~l' >- i.:tZ [I:. "'" '"MLU .. ~ ~';. 0.. .." u. rn a c, "" o 0:'" .~=ID I1l ",0_ D:I-.....N II. 5 ~~~ ~~~~s - 0: "'Ill >< It 0 hil: o l:; g15' ~M!~~~ (J) c::-I:tO lIJ wa..l' .J "-" l' 0: .. 0(- 0( 2UC x- U ...... ,.. " -" ,...,....... >. M ~ ~ '"" N ~Q ::> 8~ "\ ::t: Z p,:l; 51: ~.~ "- t.)> () N ?$;! D: ~5rl! ,IJ_ I --2: ,-' 'rz P:~,1! t>: I.U~ r it: --= ::c m '-'- 0 ~ 0 t. 0 U . U 0:'" 0__ lliN-\O ~o_ II: "1)1 II. 5 ~~~ 000 ,z1' 11l13~~- U .zS;!c - 0: "'Ill ~ LL. 0 ;;:zu;; l'; l:; 015' 0.._ 3; I1l 0 0 :5o:~::f<ii III iEi:;o w UJa.l' .J "-" r: ~ 25E x- u >- M (; ~ I- N 5 ~Q o~ t.E~ :c o~ ~r-- a.. c.):::'- () N ;;,;5= ". :52 u c: I a:;t.' a:: o:z "'" cU(jJ ::r: ma.. ::;; ~. 0 a 0 U 0:'" 0__ '-N-U) III \IlO- 0: t: ~ 1)1 lI.~ijl:$~ Olllol~r: I1lI1l ~:lE U ....>- -0:~1Il~ lto~z", 01-015' u 0.._ ~ I1l 0 0 ic( 0: 3:::f q; .Jcn~i:co lIJ wa..l' .J "-" r: 0: .. 0(- < 2UC x- U ~- " " .......~ .:.-- -::> ,'. '..:. '-'------_.._--_.._----_.._~._-_.._..- ANGELAZAYDON COSTA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2471 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. PAUL J. COSTA, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, iawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree Is entered by the Court and that a copy of the decree wi!! be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: () )k;/tJJ O/jt~a~~~:ia P,O,* >- M ~ ~ ?!jQ N si fFo ::c ~~ a.. 'i!~ N 3~ I _J,u__ n: a:~ Ci:-.- ul ~ oe:: !.9 ::a: ..!: t5'l*/;qg a o 0: '" . 0__ I.i N-lD ~ ,"0_ e: I: t:: ~ II.::J(J ~:$ ~ o ,Z1' 11l!!! ~~- U ~ Z'-'C ..,..)0 . -0:-1Il~ Itoh" o l:i c~, 0.._ ~ ~ ~:f~ ~ Ul ~i: iO 1&.1 LlJ~l' .J "- "1' 0: ;g 0(- 0( _uc x- u -- ...... """ ~..... ~ M ~ 1-- N ~Q 6:o!: I;'-~ x: o~ ZEl a.. &:l>' ~5:! ~8: C\J 3ft' I fE~ u::llJ 0: 'F!' ... ~o.. x: }5 ~ <:> ::> C> (J o 0:'" 0__ ,oN -10 1Il1ll0~ ll:t:"1)I II. ~~~~ o Ul 01,(1' ~ II!~~E - 0: "'Ill ~ l:: 0 ~?:o: ol-oj5' uo..~ ~ ~ ~::f~ ~ Ul ~ J: iO bJwn.f' .J"-"1' 0:"<- 0(2UC J:~ U ,.... ,., r-. ,. ..". .,." ~~ . . . ANGELA ZAYDON COSTA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-2471 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE v. PAUL J. COSTA, Defendant 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 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 that the statements made herein 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. 1LcTt--J Date: "2.' 115- CO ~;.;....'~ .,....., "'".""'.:,. ,.. 4- ANGELA ZA YDON COST A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA V. PAULJ. COSTA : NO. 99-2471 CIVIL TERM :'i ""j ',' ORDER OF COURT AND NOW, this ~ day of MAY, 2000. a hearing on defendant's Petition for 1,1' ;!;.; Civil Contempt in Divorce is scheduled for Tuesday. June 27.2000. at 3'00 pm. in Courtroom # 5 of the Cumberland County Courthouse. '1 t;' ,. f".. ,.' .' , ,. Angela Zaydon Costa Plaintiff ~GU~~u 5"~I,-OO ~K,g Charles A. Rector, Esquire Jeanne' B. Costopoulos, Esquire :sld .. , 8. That paragraph provides that "Wife waives all right, title and interest she may have in the 1987 Bonneville to Husband. Husband shall indemnify and save Wife harmless from any costs associated therewith." 9. The Agreement was executed February 15. 2000. 10. Despite the clear language of the Agreement, Plaintiff has continually failed to release possession of the 1987 Bonneville to Defendant. II. Additionally, Plaintiff has accumulated a number of parking tickets for which she has not paid the fines. 12. Defendant has been notified that there is now a warrant for his arrest due to the non-payment of the fines by Plaintiff. 13. Plaintiff's malicious, willful and deliberate refusal to transfer possession of the vehicle to Defendant, and refusal to pay the parking fines she incurred, have now placed Defendant in a position whereby he may be arrested . 14. Defendant has incurred lawyers fees in the amount of$250.00 in the preparation and presentation of this Petition. ~ , ANGELA ZA YDON COSTA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 99-2471 PAUL J. COSTA, Defendant : CIVIL ACTION - LAW : DIVORCE ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: I. She is the attorney of record for Paul 1. Costa. 2. She is authorized to make this verification on his behalf. 3. The facts set forth in the foregoing motion are known to her and not necessarily to her client. 4. The facts set forth in the foregoing motion are true and correct to the best of her knowledge, information and belief. 5. She is aIVare that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unSIVorn falsification to authorities. Date: c;/( 1! ~ BY: A~ Je#4'i3. Costopoulos~ COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Telephone: (717) 221-0900 Fax: (717) 221-0904 Attorney LO. No. 34962 ATTORNEY FOR PETITIONER ~ . .-. WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 99.2471. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 2 , . t "j 'j . ., 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. 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. 7. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for WIFE, and Jeanne 3 " Costopoulos, Esquire, for HUSBAND. The parties acknoWledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and 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. 9. fINANCIAL DISCLOSURe., The parties confirm that each party has made a full and fair disciosure to the other of all of their assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHT&, Each party understands that he or she has the right to obtain from the other party a Complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties Understand that they have the right to have a court held hearings and make decisions on the matters cOvered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 4 . Each party hereby acknowledges that this Agreement is fair and equitabie, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue infiuence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsyivania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set asideto a party that properly which the court determines to be that parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony Pendente Ute (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 5 , 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited it, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her soie and separate property all items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. WIFE agrees to provide to HUSBAND his tools, bowling ball, cleats, glove and jewelry within seven (7) days of the date of execution of this Agreement. 12. AFTER.ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said af1er acquired property of the other party pursuant to the terms of this paragraph. 6 , '. 13, DIVISION OF VEHICLES. Wilh respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: HUSBAND waives all right, title and interest he may have in the 1999 Honda to WIFE and WIFE shall assume full responsibility for all lease payments due and owing thereon and shall indemnify and save HUSBAND harmless from same. WIFE waives all right, tiUe and Interest she may have in the 1987 Bonneville to HUSBAND. HUSBAND shall indemnify and save WIFE harmless from any costs associated therewith. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed liUes/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "litle' shall be deemed to include "power of attorney" if the tiUe or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, tiUe and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 7 ". 14. DIVISION OF REAL ESTATE. WIFE waives all right, title and interest TO HUSBAND she may have in and to the property known and numbered as 90 North Ryan Street, Buffaio, NY 14210, and HUSBAND shall assume financial responsibility for all costs and debts associated with that property including, but not limited to mortgage, insurance and all maintenance obligations. HUSBAND further shall indemnify and save WIFE harmless from payment of any and all debts associated with that property. WIFE shall execute, upon request, a special warranty deed in favor of HUSBAND regarding this property. 15. EACH PARTY RETAINS PENSION PLANS. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan andlor any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of 8 i\ HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive. release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement wiil be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. WIFE shall assume full responsibility for payment of her student loan obligations and shall indemnify and save HUSBAND harmless from payment of same. 9 18. WAIVER OF INHERITANCE, Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature Whatsoever previously or in the future received by the other party. 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason or obligations incurred by her. 20. l:i.~ND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separalion he has not contracted or incurred any debt or liability for which WIFE or her eslate might be responsible and HUSBAND further represents and warrants to WIFE that he will net contract or incur any debt or liabilily after the execution of this Agreement, for which WIFE or her eslate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. III I '. . , . \ . 21. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Securily Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in dUration. 22. INCOME TAX PRIOR RETURNS, The parties have heretofore filed jOint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against eilher of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penally or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid jOint returns. 23. FINAL EQUITABLE DISTRIBUTION OF PROPERTY, The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized]. both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. II . ., . . " , . I I . engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or 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 surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, 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 provisions thereof. 27. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 13 ! " . , " . 28. MUTUAL COOPERATION. Each party shall, at any lime and from time to time hereafter, lake any and all sleps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 29. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shail inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30, INTEGBAILClli. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 31. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and ail written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 32. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failur!! of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect 14 . '. , " . , . , . the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or simiiar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 33. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would resuit in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.SA 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; 15 . . " . . . , . (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a periOd not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 34. SEVERABILITY 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. Likewise, the failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 16 . . . . . . . . STATE OF IV (E;v.J Yo oti::. COUNTY OF EfI.J' ~ SS. On this, the I.s'~ day of re brou: A-f.l-L-f ,2000, before me the undersigned officer, personally appeared Paul J. Costa known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. JANElYN A. JOHNSTON NO.0I1Q;045553 Notaory P~b1jc. Slale 01 New Yo~ .... ual""dPi _. c .. .,1/ CommIssion &:pir~s l1 ~%'~ ~ o~nL~(, I 9"'"~k _ v STATE OF PENNSYLVANIA ( ( COUNTY OF CUMBERLAND (SS. t<l. ~ On this, the ,:z, day of , 2000, before me the undersigned officer, personally appeared Angela Zaydon osta known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. =rarn~,,;t- ~. NOTARIAL SEAL ;".MM~ S eAlJST, Notary Public '.LCI.':".Jr:\:lfr~ l,..,,~,._ Cumbc~rtAndCounty ~~~~~.::!::::.~~~s JunG 22, 2CXl2 -,-,...~ 18 ~--.... .... petition. This sum shall be credited against the restitution due her pursuant to a separate criminal matter in the Clerk of Courts. Defendant may present this order to the Clerk of Courts and receive credit towards restitution on that action. By the Court, ~ Edward E. Guido, J. Angela Z. Costa 612 Somerset Drive Mechanicsburg, PA 17055 Jeanne' B. Costopoulos, Esquire For the Defendant/Petitioner :lfh 8 (") ..~) C) ," "'- '- -0[; ~~ "11"" ~ Z::-r :;~ , ,:,;,:-, ~..:( ~:~: CJ .~;,~, !;.::C) :.~? ;t;c. : ~.:i [~c: .. J>c= ..., --, " "- r. =< 'T> ~ ::~ .... >- \!) ~ ,e; ..:l -~ >- ::>"" 1.1..l~'~: 0:::- (..):""-; .'~- o~ ~l:>.: " (')~ lJ(::, ~=) 2~ " J~ ,. ,. " c: t'. ._'. U:i{lj '.. -, ==j .'JJll. ~ :-'- 0 ::::> ~') <.:1 (.) ,.. . '.>- 0' ':>- a- u. fo:;; .' ~~ ~- ~~ :,? ~-( r'~,7~) t.) "'~ ".- C) ._~, ., I , ,-.:: .. , ..:;-~ c',: . ('.; ..;) , ~-} l..." .~ 1::1 ; " = :.1 , ) ,,- ,. ~ .,. to.", C) :::) U CJ ,;J U 0:'" _ NO -- ,., -\0 _11I0_ 0: t:" N II. 5 ijlS~ ~ ~~~S - 0:: -1Il>< l:: 0 ~zi1: o l:;g15::: ~ I1l 0"0 ~ 0: ;l:~q; .JUlzJ:- iii ffi a. Ie .J "- "1' 0: .. <- 0( 2UC x- U . & JUL 0 6 2000~ 5. Moveant was also required inter alia, to facilitate transfer of one 1987 Bonneville to Defendant and to pay any and all parking tickets which had accumulated on a 19991 Honda operated by her. 6. On Tuesday, June 27, 2000, the 1987 Bonneville was transferred to Defendant and on Thursday, June 29, 2000, Plaintiff paid the outstanding traffic ticket for the leased 1991 Honda currentiy In her possession (See Exhibit "B" attached). 7. In addition, your Honorable Court Ordered that $250.00 in altorney's fees and court costs for the contempt proceeding be paid by Moveant with payment to be deducted from on Order of restitution owed by Defendant to Moveant as a result of an assault conviction against Defendant for which he was sentenced in the Court of Common Pleas of Cumberland County on June 22, 1999. 8. Moveant has complied in all respects with your Honorable Court's Order of June 27, 2000, and will continue to do so. 9. The Pennsylvania Board of Law Examiners has confirmed to Moveant that a civil or criminal adjudication which includes a period of probation may disqualify her from admission to the Pennsylvania Bar, even if she passes her Bar examination. 10. Modification of your Honorable Court's Order of June 27, 2000, to rescind the ninety (90) day unsupervised probationary period will Improve Moveant's chances of admission to the Pennsylvania Bar following successful completion of her Bar examination. . . ANGELA ZAYDON COSTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL J. COSTA, Defendant NO. 99-2471 CIVIL TERM IN RE: CIVIL CONTEMPT ORDER OF COURT AND NOW, this 27th day of June, 2000, after hearing we find that the Plaintiff/Respondent is in violation of the order of March 20, 2000. She .is placed on unsupervised probation for a period of three .months on the condition that: 1. She return the 1987 Bonneville to her husband in.accordance with the terms of the property settlement agreement dated February 15, 2000. It has been related to the Court this has already been accomplished. 2. She pay in full the parking ticket to District Justice Stewart within said three-month period or, in the alternative, that she obtain a letter from District Justice Stewart indicating that Defendant/Petitioner will be held harmless in connection with that citation. 3. She promptly pay all further parking tickets incurred on said vehicle or obtain a hold harmless for her husband from the district justice in connection therewith. 4. She pay the Defendant $250.00 for the .~OlW_. attorney's fees he incurred in the bringing of this 'I E;{i',,,-:~7 '; h ~j " ---.. .---- fL-.;;....1Sl " i , I ; I