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Home My WebLink About99-02814 R l i4 0 g ICJ 1 i y a 14 .y c e A i i i? f r I g -rl :e •' to •:?• :o:•..'r. •;e:• W. we ce• W. •:e> % a:• ;a •:a• ;o> cs: •;o: :?• •v:•':• :o:•..;?•:: o:•; .:o:• co:< ,o:• ;•:?• ;e•: •:e:::• .. ;? P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ?5.n PENNA. 0 .. SEBASTIAN...ANILEj ............. .. .. N(). -9-9.72.81.4.. C.ivil...Term ............................................Plaintiff Versus ANGEL J. ANILE? '- ................... it 0 Defendant DECREE IN 110C)RCE t 124A' AND NOW, . 19.9.9.. , it is ordered and decreed that ...Sebastian. Anile ............................. plaintiff, c and ..Aage1.J.. Anil.e ....................................... defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ...NONE .................................... .................. ........................................................ eAc. Atte t: ?e J. ? f; i •? r -. Prothonotary 1i •s?i •v> ;e: .r, .e: te. .e. a: to: te:• tv :e: to •.?. .e. .o: .e. X". •:o. W V- -.e:• ce. ? • 7.9%fl?-? ?c? ?'?=? -tea G? .Qef?c<< ?o -> r? you ?.?«? ?? ?- y ? ? PROPERTY SETTLEMENT AND SEPARATION-AGREEMENT THIS AGREEMENT, made this 2 S day of . J ST 1999, at Carlisle, Cumberland County, Pennsylvania, by and between SEBASTIAN ANILE (hereinafter referenced as "Husband") 4 N .1 IT1 '? AND ANGEL J. ANILE (hereinafter referenced as "Wife"). ? yC 1v L,I?I ARTICLE I A eC .? SEPARATION 1.01 Intention to Live Apart. Differences have arisen between the parties as a result of which they intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them. ARTICLE II ENFORCEABILITY AND CONSIDERATION 2.01 Equitable Distribution of Marital Property. The parties have attempted to divide their marital property in accordance with the statutory rights of the parties and in a manner which conforms to the criteria set forth in §401 of the Pennsylvania Divorce Code, and taking into account the following considerations: Any prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, WAYNE F. SivoE Anwwyu fww 57 Wat Pom6" S(Mel cadifik, Pemryl•uw 17013 employability, estate, liabilities and needs of each of the parties; the contributions of each party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of each party, including, but not limited to, medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of marital property, including the contribution of each party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in anyway a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 2.02 Incorporation and Merger. This Agreement shall be incorporated but not WAYNE F. SHADE Anwwy at liw 53 Wen Pmfia Saat Culisle, Penmylw is 17013 merged in the decree of divorce contemplated herein. This Agreement shall survive any action for divorce and decree of divorce and, unless otherwise set forth herein and, except as to issues of child support and child custody, shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of this Agreement by either Husband or Wife until it shall have been fully satisfied and performed. Any provisions herein concerning property rights, alimony and counsel fees shall not be modifiable. The considerations for this Agreement are the .2- mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. 2.03 Agreement Predicated on Divorce. It is specifically understood and WAYNE F. SHADE Aeanry at liw $l West PbmGet Sena Cadidc, Pe nso m is 17017 agreed, by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is predicated upon an agreement for prosecution to conclusion of the pending action for divorce. Nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, nor from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. -3- ARTICLE III EQUITABLE DIVISION OF MARITAL PROPERTY 3.01 Equitable Division of Real Property. Concurrently with the execution of this Agreement, Husband shall convey to Wife all of his right, title and interest in and to the marital residence situated at 281 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania. At the same time, Husband shall permanently vacate the premises. Wife shall assume liability for the existing mortgage which is secured by said real estate. 3.02 Equitable Division of Personal Property. (a) Wife shall retain ownership of her 1998 Honda automobile; (b) Upon execution of this Agreement, the furniture and all other household contents shall become the property of Wife; (c) Ownership of all other untitled personal property shall follow possession or control at the date of this Agreement. The property shall be deemed to be in the possession or under the control of either party if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party, unless provided otherwise in this Agreement; (d) Within fourteen (14) days of the date of execution of an Installment WAYNE F. SHADE Attanq rt law 53 Wert Norrct Suit Gunk, Prnroylv?ni? 17013 Agreement of Sale for the pizza restaurant business known as The Pizza Man, Husband shall pay Wife the sum of Ten Thousand and No/100 ($10,000.00) Dollars; and (e) The aforesaid division of personal property in conjunction with the provisions or alimony set forth hereinbelow shall be in full satisfaction of Wife's claims for -4- equitable distribution of marital property. Wife shall have no further claims against Husband's pensions, mutual funds or IRA accounts. Wife further waives all claims against The Anile Corporation, the three (3) pizza and restaurant businesses in Boiling Springs, Newville and Shippensburg, Pennsylvania, and the real estate of each business located in Boiling Springs, Newville and Shippensburg, Pennsylvania. Wife agrees to execute any and all documents necessary to effectuate any transfer of interest to Husband that she might have in the said The Anile Corporation, the said three (3) pizza and restaurant businesses and the said real estate of each business. ARTICLE IV DEBTS OF PARTIES 4.01 Loans. Within ninety (90) days from the date of this Agreement, Husband shall obtain the removal of Wife's name from any joint debt obligations of the parties other than the mortgage secured by the marital dwelling. This Agreement is expressly contingent upon the removal of Wife's name from said joint obligations within one hundred (100) days from the date of this Agreement. In the event of the failure of this express condition subsequent, this Agreement shall be enforceable in all other respects or shall become null and void at the option of Wife. 4.02 Post-Separation Obligations. Each party represents to the other that, except WAYNE F. SHADE Acomey n law S) Ww Pmfra Seely Cwhae, Pcneglw 17017 as specifically set forth immediately above, there are no outstanding joint obligations of the parties and that since the separation neither party has contracted for any debts for which the other will be respnsible. Each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Article IV. -5- ARTICLE V CHILDREN 5.01 Custody. Issues of child custody shall be resolved outside the terms of this Agreement. 5.02 Uninsured Medical Expenses. Husband shall be responsible for all reasonably necessary uninsured health care expenses of the children including orthodontic expenses. 5.03 Support. In the absence of a material change in circumstances, Wife waives child support. ARTICLE VI ALIMONY 6.01 Agreement. Husband shall pay to Wife the sum of Three Thousand and No/100 ($3,000.00) Dollars per month for one hundred sixty-eight (168) months commencing the fast day of the fast month after execution of this Agreement by both parties. Said payments shall represent reimbursement alimony and shall not be modifiable or terminable even by the death of Husband. 6.02 Health Insurance. Husband shall maintain the existing health insurance on WAYNE F. SHADE Ananq W LAw 33 Wen Pomfret S0ed ca tk. PMftn4Mit 17017 the children or its equivalent as long as they are eligible as dependents for health insurance purposes. Husband shall maintain the existing health insurance or its equivalent on Wife until she remarries, enters into non-marital cohabitation with a male individual to whom she is not related within the degrees of consanguinity or until she is able to obtain equivalent coverage through her employment without expense to her. -6- ARTICLE VII COUNSEL FEES 7.01 Present Fees. In the event of amicable settlement of all marital issues and the entry of a Decree in Divorce pursuant to mutual consent within one hundred eighty (180) days from the date of this Agreement, each of the parties hereby assumes his and her own counsel fees up to and including the date of the Decree in Divorce. 7.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees incurred after the divorce, as follows: (a) In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. (b) Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. (c) Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. (d) Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee for income tax purposes. WAYNE F. SHADE Artomt7 st Uw SI Wm PomGn Suet (Adisk. pemromiu 17017 -7- ARTICLE VIII GENERAL PROVISIONS 8.01 Income Tax Consequences. The parties have heretofore filed joint federal and state income tax retums. 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 and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the deficiency or assessment. Except as otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any transfers of assets or other payments required under this Agreement will be the responsibility of the transferee. 8.02 General Release of All Claims. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. 8.03 Subsequent Divorce. Nothing herein contained will be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any based upon any past or future conduct of the other, nor to bar the other from WAYNE F. SHADE defending any such suit. In the event any such action is instituted or concluded, the Mow) 0 LAW 37 Wca Pomf ct Sum c n"'`1703`x'`°" parties will be bound by all of the terms of this Agreement. -8- 8.04 Waiver of Estate Claim. Except as otherwise herein provided, in the event of the death of either party hereto, each party hereby waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire as the other parties' spouse under the present or future laws of any jurisdiction, as follows: (a) to elect to take against the will or codicils of the other party now or hereafter enforced; (b) to share in the other parties' estate in cases of intestacy; and (c) to act as executor or administrator of the other parties' estate. 8.05 No Debts and Indemnification. Each party represents and warrants to the other that he or she will not incur any debt, obligation or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party or for any obligation assumed by a party hereunder, the party liable will, at his or her sole expense, defend the other against any claim or demand, whether or not well- founded, and that he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The obligation created hereunder will be payable as alimony so as to constitute an exception to discharge in bankruptcy. 8.06 Right to Live Separately and Free from Interference. Each party will live WAYNE F. SHADE At&wwy at Law 37 Wat Pomrra Svw Qrlide. Pmrb)lmit, 17013 separately and apart from the other at any place or places that he or she may select. Veither party will molest, harass, annoy, injure, threaten or interfere with the other party -9- in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the other. 8.07 Agreement Voluntary and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she, respectively: (a) Enters into this Agreement voluntarily after receiving the advice of independent counsel or, having had the opportunity to do so, having decided not to do so; (b) Has given careful and mature thought to the making of this Agreement; (c) Has carefully read each provision of this Agreement; and (d) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. 8.08 Compliance. The parties will execute and deliver any documents necessary to formally conclude any of their obligations under the terms of this Agreement to each other. 8.09 Default. If either party fails in the due performance of any of his or her material obligations hereunder, the party not in default will have the right to act against the other, at his or her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other legal remedies as may be available to either party. Nothing herein shall be construed to restrict or impair either party in the exercise of this election. WAYNE R SHADE Anomey at {rw 57 West PMr d Sued GdiJe. Pc+mylw W 17013 -10- 8.10 Amendment or Modification. This Agreement maybe amended or modified only by a written instrument signed by both parties. 8.11 Successors and Assigns. Anything in this Agreement to the contrary notwithstanding, in the event of the death of Husband prior to the satisfaction of all of his obligations under this Agreement, Husband agrees that Wife shall be entitled to enforce all of her rights under this Agreement against Husband's stock in The Anile Corporation and against Husband's estate. This Agreement will be binding on and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties. 8.12 Law Governing Agreement. This Agreement will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof. 8.13 Condition Subsequent. This Agreement is expressly contingent upon the parties' mutual consent within one hundred (100) days from the date of this Agreement to the entry of a full and final Decree in Divorce in the presently pending divorce proceedings which consent shall not be revoked prior to issuance of a full and final Decree in Divorce. In the event of failure or revocation of consent as required herein, this Agreement shall become null and void. WAYNE F. SHADE Anormy at liw 33 Wat Pomfret Sow Culitle, Pmw)lt 17013 WAYNE F. SHADE AttorM at law 57 West Pomfret Sues Cadiste. Pavuyfmu x 1701) - IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year first above written. (SEAL) *Ange.i -12- Signed, Sealed and Delivered in the Presence of. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the C:12^ day of e 1999, before me, the undersigned officer, personally appeared SEBASTIAN ANILE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /7 J? Mar j orieej D No Notarial. otary Public Notary blic South Middeon iwp„ eLuc aa, Cumborlarb Can My Commission Expires Nov. 1, 11ty99 Member,PennsylvaMaASSOCIationnlRotaties - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the 13"X day of , 1999, before me, the undersigned officer, personally appeared ANGEL J. ANILE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WAYNE F. SHADE Anamey at law Y) West Pomrml Saoef Colide, Nennflln 17013 C' C:) /": Notary Publ c Notarial Seal Connie J. Trill, Notary Public Carlisle, Cumberland t • Count "pyCommission Expires Oct. 5.60 SEBASTIAN ANILE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION ANGEL J. ANILE, NO. 99-2814 CIVIL TERM Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 53301(c) 32019 IKYI of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: May 12, 1999 Certified mail restricted deliver 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff by defendant q/13/99 7Jt (b)(1) Date of execution of the affidavit required by 53301(d) of the Divorce Code: _ . (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: /Q /c- Date defendant's Waiver of `Notice in 53301(c) Divorce was filed with the Prothonotary: __ 9z _ ?el,W,Al - Z?z: Attor y for (PXatvt4:rf)(Defendant) _ "' ?` y -:, ';= `:.. ' .n ?: -' ? lil Ui :? SEBASTIAN ANILE, Plaintiff VS. ANGEL J. ANILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVII, ACTION - LAW NO. 9(%_ ;)P etxF r.. _ IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERrS FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 r- Anthony L? Luca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 SEBASTIAN ANILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANGEL J. ANILE, NO. 99- Z ?Y l?tl ( Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. Plaintiff is Sebastian Anile, who currently resides at 281 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, since August, 1994. 2. Defendant is Angel J. Anile, who currently resides at 281 Tanger Road, Boiling Springs, Cumberland County, Pennsylvania, since August, 1994. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 8, 1985 at Wrightsville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties except None 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce. f I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. Date: ?F 2G` qq ,- Sebastian Anile, Plaintiff Anthony W. DeLuca, Esquir Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 1 o ? r ; _r Z; ?z ul5? cv 7,: 77 ?' 1.1_ L C11 -_-j c^ C) z w z u a? 44 o a z •1I w b E+ w V u n z W ? $ a w •rl q Ul q V1 D p w ? F Q lil . ura A Q x a A J aN ? pa a • w > Z oa H w w E Msq? H E r, z O ?a? O Z E U O a J z 14 4 h U Z W D E £ a M Q U 5 M M HU U Z H VJ I? r SEBASTIAN ANILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANGEL J. ANILE, NO. 99-2814 Civil Term Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on may 10, 1999. 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 final decree of divorce after service of notice of intention to request entry of the decree. 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. Sec. 4904 relating to unsworn falsification to authorities. q, , U ,-Sebastian Anile, Plaintiff }- uJ G i U"? SEBASTIAN ANILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANGEL J. ANILE, NO. 99-2814 Civil Term Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on May 10, 1999. 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 final decree of divorce after service of notice of intention to request entry of the decree. 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. Sec. 4904 relating to unsworn falsification to authorities. Date: Ange J. A1'416, Defendant tc? t .J SEBASTIAN ANILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANGEL J. ANILE, NO. 99-2814 Civil Term } Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I do not claim them before a divorce is granted. `a 3• I understand that I will not be divorced until a divorce bedecsentree me immed ately after i t is that filed with thehe decree will ' prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made i subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 9 ?J 9c( W2 Sebastian Anile, Plaintiff y ' r -t 1 1 C)'.' CO 114 SEBASTIAN ANILE, Plaintiff VS. ANGEL J. ANILE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-2814 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?A& /J/ / An el J. A le, Defendant (:,1 .. i.:. ?; ? ?, .: ? i j .., ?i ?? J r SEBASTIAN ANILE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW ANGEL J. ANILE, NO. 99-2814 CIVIL TERM Defendant AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA , SS. COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (c) of the Divorce Code to the Defendant at 281 Tanger Road, Boiling Springs, Pennsylvania and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A". By:? Anthony eLuc , quir, 113 Fr on Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Sworn to and subscribed before me this- day of 1999. V tary Public WrPeans&ania tarial Seal Tluca, NotaRt4ojares wp Cum5erlan Expres NoAssociation of • w? t ri1 l•1 ?._. .. ?' ci . Oc .. .,,., 1 omplete home 1 WC62 for addhlorhel egrvkae. ., 4 C omWete Name 3.4a, and 4b. C 'Print your nemo end addmea on th I also wish to receive the ' card e reverse of This form w that we oan velum thle yo following services (for an lo 'Madtthle form to the hom of the mehpleco• or on the beck If e aoe extra fee): ?i Vito) do "?. I e. not o ¦ ritelRwumReceipt ROW69ed•onthemen 1.OAddressee's Addr C 'deli Return ed RecNpt gas hill show to whom the snide ow delivered d 8! . . elivered e ntl the data 2. estdcted Delivery $ 7. Article Addressed to: Consult postmaster for fag _ i ??YZC C_f ??? . 4a. Article umber n? / 033 77 ab - , . Service type E c?2?T, /gyp n / 13 Registered d/ Certlfled e ?ExpressMail _ 13 Return Receip)4aMarchendl ? S a 1CLf r i ?eC se d COD 7. Date of Dell V / i ?- 6. Sig B. Address a. and fee is pkldf `? Y . ra a orAg r PS Form 3811, December 1994 102596-97.g-0779 DOR1eStIC Retum Receipt 4r; 1;. f. i` SEBASTIAN ANILE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 99-2814 CIVIL, TERM ANGEL J. ANILE, Defendant : IN DIVORCE eday RDEAND NOW, this of ,1999, Plaintiff SEBASTIAN ANILE and Defendant ANGEL J. ANILE, being represented by their independently selected private counsel, respectively, Anthony L. DeLuca, Esquire, and Wayne F. Shade, Esquire, and having stipulated and agreed with regard to custody of their minor children, Sebastian Evan Anile, born January 8, 1988, Nevan Joseph Anile, bom July 27, 1989, and Ian Jordan Anile, bom December 14, 1992, it is hereby ordered and decreed, as follows: 1. Shared legal custody of said children as contemplated by 23 Pa.C.S. §5302 will be in both of the parties hereto as the natural parents. 2. Primary physical custody of said children shall be in the mother subject to the following periods of partial physical custody with the father: (a) Every other weekend from Friday at 6:00 P.M. through Sunday at 6:00 P.M., WAYNE F. SHADE Anmry 01 law 55 wca PMfW s'W Culok. Itnml lk"1A 17013 commencing with the first weekend following the date of this Order; ?, ??,, (b) Six (6) weeks' summer vacation custody to be taken in two (2) week blocks with written notice on or before May 1 of each year from the partial custodian to the primary custodian as to when the summer vacation custody will be taken; provided, nevertheless, that the primary custodian may reserve any two weeks during the summer as the sole and exclusive vacation time for the primary custodian upon providing notice thereof in writing to the partial custodian on or before April 1 of each year; (c) The father shall have custody of the children for Christmas from 6:00 P.M. on Christmas Day through 8:00 P.M. on December 26 of each year; (d) Alternate holidays from 9:00 A.M. to 8:00 P.M., said holidays' being New Year's Day, Memorial Lay, Independence Day, Labor Day and Thanksgiving Day with the father to have the children on Labor Day of 1999; (e) Mother shall have physical custody of the children from 9:00 A.M. through 8:00 P.M. on Mother's Day; and Father shall have partial physical custody of the children from 9:00 A.M. through 8:00 P.M. on Father's Day; (f) Such other periods of partial physical custody as the parties may from time to time agree; and (g) Transfer of custody shall be at the home of the mother with the father to be responsible for obtaining and returning the children at that location. WAYNE F. SHADE Attldnq at law 33 Weal Pmfm sun cade0c. Penn )hania 1701) -2- By the Court, of ?? OCT ' 6 Anthony L. DeLuca, Esquire Attorney for Plaintiff Wayne F. Shade, Esquire Attorney for Defendant WAYNE F. SHADE Ammmy@I IAW S) Wcn Panful Strw cmiak, Pt ylmw 17017 -3- SEBASTIAN ANILE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 99-2814 CIVIL TERM ANGEL J. ANILE, Defendant : IN DIVORCE STIPULATION FOR CHILD CUSTODY AND NOW, this :75Y Aday of 1999, come Plaintiff SEBASTIAN ANILE and Defendant ANGEL J. ANILE by and through their respective attorneys, Anthony L. DeLuca, Esquire, and Wayne F. Shade, Esquire, and with regard to custody of their minor children, Sebastian Evan Anile, born January 8, 1988, Nevan Joseph Anile, born July 27, 1989, and Ian Jordan Anile, born December 14, 1992, stipulate and agree, as follows: I. Custody of said children shall be as set forth in the foregoing Order of Court. 2. Should either party at anytime in the future petition the Court for a modification of this Order, it shall not be necessary for the party to show a change in circumstances and all relevant facts and circumstances shall be subject to judicial review and not only those existing subsequently to the entry of this Order. WAYNE F. SHADE Atwnwy a law 53 Wea PM(ra sum Wale. P?)I%mw 17013 WAYNE F. Stuoe Aawwy u law SO Wea P=fM Sum Cuticle, Pennattwniz 1701) 3. It is the desire and intention of the parties hereto that this Stipulation for Child Custody be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, and that it be endorsed as an Order of Court so as to have the full effect thereof. C " i Anthony J. Luc La, Esquire Attorney for Plaintiff -moo &zo Ways F. Shade, Esquire Attorney for Defendant I verify that the statements made in the foregoing Stipulation 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: Sebastian Anile I verify that the statements made in the foregoing Stipulation are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. date: /? 99 Ange . An -2- 3 S r ? 'B T [f1 i- c ? a?: o , yJ r ON 0 0 l a T