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HomeMy WebLinkAbout99-04383All ?v r f .X? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF r PENNA. CAROL A. GAROFALO, ...... .......... Plaintiff, J ............ ................ Versus JAMES J. GAROFALO, Defendant. DECREE IN DIVORCE AND NOW ............. mou?,,./r« /G• . 19. 99 . , it is ordered and decreed that .. carol A. Garofalo .. , plaintiff, and ............James J. Garofalo ............................. 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. The Marital. Settlement. Agre.ement executed by. the. .. . partie. . 1.7, 1999, ....................................... . s. on. ...July. . . . . . • is • incorporated, herein,. but. shall, not. be• merged, into, said, Decree,., • • .. • i i By The o u r t i Attest: J. Prothonotary No ........ 4383 ................. ................. 19 99 i i i i i i s i i I S:\W POOCS\DOMESTIC\MSA\garofalo.msa.wpd July 1s, 1999 THIS AGREEMENT, made this 1!7 day of 1999, b and between CAROL A GAROFALO of Mechanicsburg, Pennsylvania, (hereinafter "WIFE") and JAMES J. GAROFALO of Mechanicsburg, Pennsylvania, (hereinafter "HUSBAND'); ,j'-jIR? ?b WITNESSETH: WHEREAS, the parties hereto were married on April 17, 1971 i I =n, Vermont; ?nd WHEREAS, the parties aver that there are two (2) children of this marriage, namely, Anthony Garofalo, date of birth, April 25,1976; and Emily Garofalo, date of birth, March 4, 1982; and WHEREAS, a divorce action has been filed by WIFE in the Cumberland County Court of Common Pleas; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and 1 fq 0 WHEREAS, the parties desire to settle all custody and support issues regard their daughterEmily? ?i 9 Pj? Page 1 of 11 S:\W PDOCS\DOMESTIC\MSA\garolalo.msa.wpd July 16, 1999 NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Debra Denison Cantor, Esquire. HUSBAND is cognizant of his right to representation and has elected to represent himself in this matter. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of the ninety (90) day waiting period. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. Page 2 of 11 S:\W PDOCS\DOMESTIC\MSA\garofalo.msa.wpd July 16, 1999 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, 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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. Page 3 of 11 S:\W PDOCS\DOMESTIC\MSA\garofalo.msa.wpd July 1G, 1999 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property located at 3611 Golfview?;Read ?'??IggMechanicsburg, Pennsylvania, 17055. Theparties (hereby agree that WIFE shall retain the ?g marital home and refinance the home within sixty6b) days of the execution of this Agreement. HUSBAND agrees to execute a deed transferring his interest in the home to WIFE. Said deed shall be held by WIFE's counsel pending the refinance. Page 4 of 11 S:\W PDOCS\DOMESTIC\MSA\garofalo.msa.wpd July 16. 1999 At the time of refinance, HUSBAND shall receive Forty Thousand ($40,000) Dollars for his interest in the home. HUSBAND hereby waives any right, title and interest to the marital home. WIFE agrees to be solely responsible for the payment of all costs associated with the home including, but not limited to; the mortgage, taxes, insurance and utilities. WIFE agrees to indemnify and hold HUSBAND harmless from said debt. HUSBAND agrees to move from the marital residence no later than October 30, 1999. From the date of refinance until October 30, 1999, HUSBAND agrees to pay WIFE Eight Hundred and Seventy-five ($875) Dollars per month, payable on the 2nd day of each month. If HUSBAND fails to make said payment for one (1) month, WIFE shall immediately be granted exclusive possession of the home and may remove HUSBAND by constable or other 7111199 means. HUSBAND specifically waives any right to notice of such action. t1 {e reIelses ca.uj a?.4 cz tl 1'r A.r5 4v cFtY7 /ho +? U!?<a /2a Yhee?u u??, pa ?I7(?1 . wr fc? aSretS la S%5rt as r/L n.r ?Q atr ?Qot :.?+$ o recarcQ??ov Sc?et_` P"o DEBTS. The parties acknowledge that they have no marital debt. HUSBAND represents and warrants to WIFE that in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Page 5 of 11 S:\W PDOCS\DOMESTI C\MSA\garofalo.msa.wpd July 16, 1999 I q 9. RETIREMENT BENEFITS pen, Si o nS WIFE is the owner of retirement-berrefits through her employment with PHICO I a d Holy Spirit HospitalVHUSBAND is the owner of a pension through his employment with 1?\?Ig9 0 401 I< cfol K. BMc? -c? 911 ? a9q.? 1 ?11? ? 1171'f The parties have been advised of their rights to receive retirement statements V -'om each other and to have such statements appraised and valued. Each party waives their right and entitlement to do so and hereby waives any right, title and interest they may have in each other's retirement benefits. The individual who holds said benefits shall own the property solely and individually. 10. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The parties agree that bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 11. PERSONAL PROPERTY. The parties agree in principal as to the division of personal property. In the event there is a dispute as to a property's disposition, WIFE shall have final discretion. If the parties own property which neither party wishes to maintain, it shall be donated to a charitable organization of the parties' choice. 12. The parties are joint owners of a 1999 Honda Accord EX, a 1997 Toyota Corolla, and 1976 Corvette. Page 6 of 11 S:\W PDOCS\DOMESTIC\MSA\garolalo.msa.wpd July 16, 1999 HUSBAND hereby waives his right, title and interest in the 1999 Honda Accord and agrees to execute the title and any other documentation necessary to transfer ownership of the vehicle to WIFE within ten (10) days of the date of this Agreement. WIFE hereby waives her right, title and interest in the 1997 Toyota Corolla and the 1976 Corvette and agrees to execute the titles and any other documentation necessary to transfer ownership of the vehicles to HUSBAND within ten (10) days of the date of this Agreement. 13. CHILD CUSTODY In consideration of the best interests of the minor child, Emily Garofalo, the parties agree to the following: a. The parties shall share legal custody of the minor child; b. Primary physical custody shall be with Mother. Visitation shall be as the parties agree and with due consideration of the minor child's schedule. ?I I 14. CHILD SUPPORT 79b 7I? nses; inc u i , , rpnm_and hnarrl and all expenses;.including,-Books-aad-ether-materials?Jafd-payment-shall be-made-with' ems; kp 151 7/I ?? 9 9 Beginning November 1, 1999V HUSBAND hereby agrees to pay a monthly child I7 Cf support obligation of $875 per month. Said payments shall be made in bi-weekly payments of Four Hundred and Four ($404) Dollars made payable to WIFE on HUSBAND's pay day. Said payments will be made directly to WIFE. If HUSBAND fails to make two (2) consecutive child Page 7 of 11 S:1W PDOCS\DOMESTIC\MSA\garolalo.msa.wpd July 16, 1999 support payments, WIFE shall submit the case to the Domestic Relations Office for administration and enforcement. HUSBAND agrees to maintain the responsibility for healthcare costs for the minor child and the parties agree to share equally any unreimbursed medical expenses. Both parties reserve the right to file a request for modification with the Domestic Relations Office upon a change of circumstance. 15. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit or the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 16. ALIMONY SUPPORT, AND ALIMONY PENDENTE LITE The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the Page 8 of 11 S:\W PDOCS\DOMESTIC\MSA\garofalo.msa.wpd July Is, 1999 understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. 17. ATTORNEY FEES. COURT COSTS. The parties hereby agree that the parties shall equally divide WIFE's counsel fees, costs and expenses of this proceeding. At the execution of this Agreement, said fees and costs are in excess of One Thousand ($1,000) Dollars. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 19. TAXES. HUSBAND and WIFE shall equally divide all interest paid on the marital home from January 1, 1999 until July 1, 1999 for income tax purposes. 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b) The right to obtain an income and expense statement of either party; Page 9 of 11 S:\W PDOCS\DOMESTIC\MSA\parofalo.msa.wpd July 16, 1999 (c) The right to have all 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 make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID CLAUSES. 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. 23. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvar..ia. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Page 10 of 11 S:\W POOCS\DOMESTIC\MSA\garolalo.msa.wpd July 16, 1999 IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy vv l hereof L4a - 0""L Q Witness CAROL A. GAROFALO Witness ? AMES fGAROFALOJ7 Page 11 of 11 EBEL-ML QLO Mt LLOLL Vd'111H dWV0 133US 13HHVW LEEZ MVl 1V SA3NHO11V 'N 'H31GV V H30VaH m L) b` - V.I?I CV V ? ?I Imo. Co. CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 JAMES J. GAROFALO, CIVIL ACTION -LAW Defendant. IN DIVORCE PRARCIPE TO TRANSMIT RE[`ORn TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: The Complaint was filed on July 20, 1999, and was served on James J. Garofalo by acceptance of service on August 3, 1999. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff October 29,1999; by Defendant ovember 1, 1999. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Hate end manner nF Ff6 r' f intention Tn file nr?ine in trancmi[ record a copy of which is attached- (b) Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: November 5, 1999. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: November 12, 1999. Respectfully Submitted, REAGER & ADLER, PC c Date: November 12, 1999 By: r- (DEBRA DENISON CANTOR, ESQUIRE -Attorney I.D. No. 66378 E9E1•E9L IGLU ZOWLLOLL WITH dWVD 133H1S 13)IVVW LEES MVI 1V SA3HLi011V MI 'U31(3V V V30 U >- a .. V_ C.) ltJ L ?- J E_' c' S:\W PDOCS\DOMESTIC\COMPLAIN\garotalo.cmp.wpd July 16, 1999 REAGER & ADLER PC BY: DEBRA DEN SON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CAROL A. GAROFALO, V. Plaintiff, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 1/36) JAMES J. GAROFALO, Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody, or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S 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 YaU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17043 (717) 249-3166 S:\W PDQCS\DOMESTIC\COMPLAIN\garofalo.cmp.wpd July 1'6, 1999 CAROL A. GAROFALO, V. JAMES J. GAROFALO, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RE, CLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las qquejas expuestas en ]as paginas siguientes, debar tomar acci6n con pprontitud. Se la avisa que is no se def ende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja o compensactlon reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar conse o matrimonial. Una lista de conse'eros matrimoniales estd disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. LAMA ALIMENTACIA OPIED HONORAR OS DE A OGADO U OTROS G STbSRANT SADE QUE EL' DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO}, ?USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE E' LLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. OFICNA TIENE INDICADA ABAJOG ARANAVERIG AR VAYA DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17043 (717) 249-3166 S:\W PDOCS\DOMESTIC\COMPLAIN\garotalo.cmp,wpd July r6, 1999 REAGER & ADLER PC BY: DEBRA DENi§ON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff. V. NO. 9 9 • ?? F3 et,?,a 7-e,,-. CIVIL ACTION - LAW JAMES J. GAROFALO, Defendant. IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Carol A. Garofalo, an adult individual, who currently resides at 3611 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is James J. Garofalo, an adult individual, who currently resides at 3611 Golfview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 17, 1971 at Burlington, Vermont. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. S:\W PDOCS\DOMESTIC\COMPLAIN\parotalo.cmp.wpd July fe, 1999 7. Plaintiff avers that there is one (1) minor child of this marriage under the age of eighteen years, namely Emily Garofalo, date of birth, March 4, 1982. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file an Affidavit of Consent and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 1) ;;:\W PDOCS\DOMESTIC\COMPLAIN\garofalo.cmp.wpd July f6,1999 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the course of the marriage. 15. In the event the parties are unable to amicably resolve the property issues in this matter, Plaintiff requests this Court to equitably divide all marital property and debt. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully Submitted, Date: July 16, 1999 RE, AGER & ADLER, PC By: Aomey I. . No 6378 QUIRE 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Plaintiff 3 S:\W PDOCS\DOMESTIC\COM PLAIN\garofalo.cmp.wpd July 8, 1999 VERIFICATION I, Carol A. Garofalo, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and be! 'J. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. a, Date: I 1 1 q °( Carol A. Garofalo it Ent-eft ULD L6SPLLOU WITH dWV3 IMIS 13MUVW IEEZ MVl 1V SA3NUO11V 'J'd'U3lOV V U30V3U Y CIT .: C(/ C ?") .. .Q. LIJC• " - Cll ii> ?i C) C-I C C l l? a tv) \AA CAROL A. GAROFALO, V. JAMES J. GAROFALO, Plaintiff. : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4383 CIVIL ACTION - LAW Defendant. IN DIVORCE ACCEPTANCE OF SERVICE I, JAMES J. GAROFALO, accept service of the Complaint in Divorce in the above captioned matter. Date: //Z d?99 By:j 61AMES J. AROFALO ... - .., r - ?" o: > - ? s ' '? _ - L _` IL ill _) ?. ? l READER d ADLER, P.C. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 170114842 (717)783.138 CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 JAMES J. GAROFALO, CIVIL ACTION - LAW Defendant. IN DIVORCE 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on July 20, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify 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 unswom falsification to authorities. Dated: ""o "C,/ I q 19 a",. . G. A ' ? CAROL A. GAROFALO Le) W 77. ry': T b .') LLY 1 r ? , _ Cl [:? iJ CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 CIVIL ACTION - LAW JAMES J. GAROI'ALO, Defendant. IN DIVORCE WAIVER OF NOTICE. OF INTFNDON TO RF,Q 1SFS ENTRY OF A DIVOT FCRRE UNDER S CTION -3-101(C) OF THE DIVORCE CODE 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 unswom falsification to authorities. a.A CAROL A.GAROFALO Dated:Ogd-o4.pw a9/ 1qr{ 1 v> LLI ? i U c, ?> CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 JAMES J. GAROFALO, CIVIL ACTION -LAW Defendant. IN DIVORCE ENTRY OF A DIVORCE, DECREE 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 unswom falsification to authorities. JAMIE. GAROFA Dated: /1/py' ESEL-EOL QW Z"I'L LOLL WITH dINVO 133tl1S 1NUM LEEZ MVl 1V SA3NHO.UV MI 'MMOV V H3OV3H r?--. r) c: L-1 C c; U.= Fz E cL' U- C) c., C) CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 CIVIL ACTION - LAW JAMES J. GAROFALO, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on July 20, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify 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 unswom falsification to authorities. 071?a4w--? 9 r MESJ AROFALO Dated: ESEL•EBL IGLU MMLOLL Vd'111H dWVO 133U1S 1.3)LUVW LEES MV11V SA3NU01LV ml 'Wmav 9 U30V3U a} c`, Lu5? C.' O Y= cr. .? CAROL A. GAROFALO, : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-4383 CIVIL ACTION - LAW JAMES J. GAROFALO, Defendant. IN DIVORCE w TO THE PROTHONOTARY: The Social Security number of the Plaintiff, Carol A. Garofalo, is 082-42-1145. The Social Security number of the Defendant, James J. Garofalo, is 115-36-3324. Respectfully Submitted, REAGER & ADLER, PC C Date: November 12, 1999 By: - EN TOR, QUIRE 4eAy I.D D o. 378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Plaintiff ML-f8L QU) Z"K LOLL Vd'IIIH dWVO .L33U1S13HUVW LEfZ MVl J.V SA3NUOlLV 'OU'U3lOV V U30V3U CC p? f-: L?, r CJ? _ F •, LL_ C?j CCL, F= _ lL r?