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HomeMy WebLinkAbout99-02631 " the sale of this home are being held in escrow at Waypoint Bank with an approximately balance of $17,800.00. The parties agree that they shall share the proceeds, with husband receiving $6,500,00 and wife receiving the balance. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. A long distance phone bill with an approximate balance of $228.59, which shall be shared equally by the parties. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 6, 1999, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. c: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party hanmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the SAlOIS SHUFF. FLOWER & LINDSEY other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. (,';. ..AnOItNrn.AT.IAW 26 W. IIIgh SIr..l c"rlbJe, P ^ (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the fumiture, household fumishings, 3 SAlOIS SHUFF, FLOWER & LINDSEY t . A.l7DlNE:YS-AT.U,W 26 W, HISh Slrre' Cull.I., Ph appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like, and specifically the Husband's retirement at Roadway and Wife's retirement at the School District. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice. and have been provided a copy of this agreement with which to consult with counsel, Joseph Petrillo is represented by Johnna J. Kopecky and Linda Petrillo is represented by Mark Schwartz. Each party acknowledges and accepts that this agreement is, under the circumstances, 4 " SAlOIS SHUFF, FLOWER & LINDSEY At1DI.N'rvS<o,o\T.~,! 26 W. High Slftt'l CuU,lt, PA fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, rea! and persofiai property, estate and assets, eamings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete 5 SAlOIS SHUFF. FLOWER & UNDSEY "'TTO"N~ l.6W, HISh SI".' CuU.l.t. PA .i I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable. all other provisions shall continue in full force and effect. (17) INCORPORA T\ON INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party, In the event of breach, the other party shall have the right. at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions. representations, or agreements. oral or written, of any nature whatsoever, other than those herein contained. 8 ..... If) r- (); c ;~ ~'- \.... (i: :::>~~ Cl l..IZ LU..... ,~:" - Q:.~ 1.1._ a... ~") ~;! ~'~) I' . ""; 1,., a\ .~ (/) I:j... I ()~ UJ.... ~~ll. J cr. .lJLlJ u.. .. tr.",:: :: ~ 0- .. :: .-. ""..: I:. :;J <..) 0 <..) .. - ~ It) ~ ~~" c.: I ~: r.~ --) .c;: ('. I' ,.' 00 C;, O,J." .~ r:.:. ... ~-...... 7;-'; ( '. "~ en .:: en ,. \ .');"':: ;L'.Z c::; ~atJ 0-" :[!'~ :r:: 0 ? -) '" ,r .....:... ~~.. -.~ l { SAID IS, SHUFF & MASLAND ATTOJr.~AT~ 26 W. lII~h S,".... C&rlJ,lt, PA JOSEPH A. PETRILLO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA crt - '](p3J NO. CIVIL TERM v. LINDA A. PETRILLO, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the fOllowing pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the di vorce is indignities or irretrievable breakdown of t.he marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF PROPERTY, ANNULMENT THEM. YOU DO NOT FILE LAWYER'S FEES I S GRANTED, YOU A CLAIM FOR ALIMONY, DIVISION OF OR EXPENSES BEFORE A DIVORCE OR MAY LOSE THE RIGHT TO CLAIM ANY OF I II YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU II DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE I THE OFFICE SET FORTH BELOW TO FIND OUT 11HERE YOU CAN GET LEGAL I I' HELP. II r/ II I' II Ii II d il II :' Cumberland County Bar 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Association Date: ~l3\~'\ SAIDIS, SHUFF & MASLAND I \ ,"~I B -hj" J 'I) 1,',./."" Y:~fl_ i",. 'W-J' Mill!k 11. Allshoute, Esquire SuJreme Court 16 # 78011 26 '\1est High Street Carl i'3le, PA 17013 (717) 2.;3-6222 Counsel for Plaintiff 17, Plaintiff currently persons: Name unknown. 18. The relationship of Defendant to the children is that resides with the following of natural mother, 19. Defendant currently resides with the following persons: Her children. 20. Plaintiff has not participated as a party or witness in any other capacity, or in other litigation concerning the custody of the children in this or any other Court. 21. Plaintiff has no information of a custody proceeding concerning the children in a Court of the Commonwealth. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the children. 23. The best interests and permanent welfare of the children will be served by granting the relief requested because children have lived with and grown accustomed to Plaintiff all of their natural lives. 24. Each parent whose parental rights to the children have not been terminated and the person who has physical cust ody of the children has been named as a party to this action. 4 .' ;,,". '; \: ~.. . . . ',/;~., ~;t.":.~~: .~:;:;.'~":} "pi :,,~..\t/;~~.;::)~":':<<,~:2')' .'>.:~":':i.~:': ;:~,:};;,",~,'~l' ,::. ':,:.>:1:,:.:,: ,:. :::,.Y ".,~' ';'< \"'. : < '. '/ ,,; ,:" ;.'..:,;.' '".',~. ,"' ':: "':, '. . f:itl:~~~~~~.t ~ I"HEREFORE, Plaintiff requests this Court to grant custody of the children. Respectfully submitted, SAIOIS, SHUFF & MASLAND Date: 513\'1Q ) \0 \)Q/~ "\ I .L W. Allshouse, Esquire Supr me Court ID # 78014 26 Wept High Street Carli~le, PA 17013 (717) 243-6222 Counsel for Plaintiff 5 I"J "j'" / ,I., " ,': ,:',~ ;l:' '..: <, ',' I '. :/'.:..: ':'., ".~,' II '" ',_ r..:c,:~",~,:'>J_/;I~~:' ~, \':':~~~'~'~'~~Z<l'~":':~::": :/: ':,' e:' ;, ~",..''''';:~~" ":', :,:t:<:, ~:' ",:' ";' , :.':, :.~.. ":, ,~~ .. ' .'P/,: ":~l, ' (~ AFFIDAVIT I, Joseph A. Petrillo, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that I may request that the court require thac my sI:ouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: <~- -. e~. ~<il!O' P"in" f ~ >- C"'l f; ~ ~ ("j ....:: f-- N tL:s 0 .J ~ u":") ," :-~ ~. (~':i" Lrl 00 ()o "Cl -~- u: :,; u.. . ....,; ~ 0 '..):._J C7"~~l ..-- \D C'") :0;: .\.~ ()O C'i:- I r~~ :::> co - li,~,'_ E" ~- ;, ,'~U ~ ~ J .-'..J: - 'L.: ""'.-: :".1.1- ~ . _. .. '"- 0'\ ::-1 <:J c. () Q ~ '" ~ ~ ~~ 0", ~O .....S ;:l ~ n=:sS ~~;:t;;; V) ,.:.,... ti~~~ 'S=r::r::- :i:C;:::E '" "'- 2 n ~ MU~/.I,; j:::a:;: In:2'9~ -MM ~~~~ rJ'J :E ~ r:- E' ..... ?l-;;;;r:,... CI :r::s:: ~ ..... ~ U I~ ~ -< .. '" . . '., '.~ ''; ":~ ":J 'f ':"_' : '.~l~:>~,'". f.:,,,:~. ~., :. \.' ": :"1: ,i... :_:.': ;: " ~:/', '4..':.' '. ~",~:"l :~';~,~'~"'...: "\~'.:*,,~~:, ~ ':,~ ,r~ ~ \~;' ~"'t~ ': : \~ ,I "j_<~' ,~\T' ,,'. :>,: ,'. ':< '....' ,: ;~ \.:;: ~", .. . JOSEPH A. PETRILLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 2631 CIVIL LINDA A. PETRILLO, Defendant IN DIVORCE TO: Johnna J. Kopecky Attorney for Plaintiff Mark D. Schwartz Attorney for Defendant DATE: Monday, December 11, 2000 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 0\, :':".r", " '.' ,Ir',~' ' ",', \I . I,;. ': ,< 'I I ',~~'d:~ ~~,:~:~; ,:'~:':' ',_.' .'..X';;";~\~k'\';':f1Y'~: .';/' ~.:,~'~' >~ ,:_,,\ t,'~ ":, :', >,,~ :.-' ':,1:;;: ~\':.',:, ::,.,:, '.'< " ."~ ,'.'" ',: ", . <: JOSEPH A. PETRILLO, petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA A. PETRILLO, Respondent CIVIL ACTION - LAW NO. 99-2631 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INrENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 3, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the II decree will be sent to me immediately after it is filed with the I 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. Section 4904 relating to unsworn falsification to authorities_.:... SAlOIS SHUFF. FLOWER & LINDSEY ArnlF.Nn~'AT.u.W DATED: _JJdJ-IDI 26 w. Bll;h Sln'rl ClIU"lr. rA SAlOIS SHUFF, FLOWER & LINDSEY AnuRNr'l'S'AT-UW 26 w. IiISh Street Cullstt,PA JOSEPH A. PETRILLO, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LINDA A. PETRILLO, Respondent CIVIL ACTION - LAW NO. 99-2631 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREEE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 3, 1999. 2. Defendant acknowledges and accepts service of the Complaint on May 4, 1999. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I tmderstand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: .i1/1//t'/ I )( . I . t-/ ! l."'itu... t.. It ~<.j.,j{/ _ Linda A. Petrillo Defend.,nt NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce party shall move for the entry of the divorce decree at that time. If either party fails or refuses to execute and file the foregoing documents or if Linda Petrillo fails to finalize the divorce within twenty (20) days after the date she makes the monetary payment to husband aforesaid, said failure or refusal shall be considered a SAIDIS SHUFF. FLOWER & LINDSEY material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. AT'lUI.NrYS.^l.lJ\. W 26 W. High Str..-, Carlhte, PA (3) REAL ESTATE: The parties have now sold their real estate located at 20 Richard Road, Mechanicsburg, Cumberland County, Pennsylvania_ The proceeds from ~ SAlOIS SHUFF. FLOWER & LINDSEY AtlmlN[l'SeAt-L\W 26 W. High Stred Carll~lt, PA disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (14) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (15) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages. costs, contributions and expenses or demands whatsoever in law or in equity; 6 I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (17) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final jUdgment or decree of absolute divorce and shall be entirely independent thereof. (18) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (19) ENTIRE UNDERSTANDING: This Agreement constitutes the entire SAlOIS SHUFF, FLOWER & LINDSEY AllUkNLYS"AToL\W 26 W. High Stret"1 C.Jrlble. PA understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 8 (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day anryea.!: first written above. ,f .. .. \ 1 ~ /j i ~dtu tness /~~~)p~\.etril :tJJ~LJ WITness , Nu~v Linda Petrillo A' j) dtu:L~.--- SAlOIS SHUFF, FLOWER & LINDSEY AITORIl,II:\'!,'AT'I.AW 16 W. U1gh Slr('('1 C.1:rlblf, PA 9 JOSEPH A. PETRILLO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2631 v. LINDA A. PETRILLO, Defendant IN DIVORCE AFFIDAVIT OF SERVICE On this, the 13th day of December, 2000, I hereby certify that I served a true and correct copy of the Motion for Appointment of Master via United States Mail, postage prepaid, as follows: Mark D. Schwartz, Esquire 60 W. Pomfret Street Carlisle, PA l7013 Attorney for Defendant - ~1{iA (h14~ ~ ee L... Murrav; Secretarv 11 SA DIS/SHUFF,FLOWER & LINDSA 26 West\High Street , Carlisl~ PA 17013 '- CJ C' f:: " I~ ~: -, N ~") ..,~ '- ) ;..:) '.j ;~~~ , '- ., ~:! (') ;'t(} L. ..J I , :}:? L:) ..... '.. . j ("":J '..J . JOSEPH A. PETRILLO Plaintiff IN TilE COURT OF' COMMON PLEAS OF' CUMDB~L^ND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 263 I VB. LINDA A. PETRILLO NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: ACT I V IT I ES: lr1JJ~o .-t,( c../1.D '" I . ./'.l~~Ii\1"'~~.IAY-()W-r~ I... '1. "'Jj '~I~ ~11~'t{'_A,t I ..IT!t\..,.,t(]l~i~ ~ . .- ~lfL~i- 1J.Ij'. ()~"".bt.. '(~iI..~/"'J yvWi'"(iJUJ O'V'f'M......t;.~..,.:J