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HomeMy WebLinkAbout99-044401 ?gym i _• LL l_ 1 V O J ter! ;fir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. + ..ti ^, 4 47 ;,J ___ 04011 y ._V.ICI1I_M10____-_ _._. M VFRsus ---MTl4jM-M._VI(?GIMO __ _ "q6 No. 99-449e Civil Term DECREE IN DIVORCE AND NOW, 1 ?UUV IT IS ORDERED AND DECREED THAT PLAINTIFF, AND KN'ILEBNM, VIGLIANO 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 terms Of the Marital Settlement Agreement date Deoel.d-)gF_1. 2000 are incorporated, but not merged with this Divorce ATTEST: J. PROTHONOTARY JOSEPH V. VIGLIANO Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHLEEN M. VIGLIANO 41440 Defendant. No. 99-449@-Civil Term IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made thisc day of,e Cy. er 2000, by and between JOSEPH V. VIGLIANO of Lemoyne, Pennsylvania, (hereinafter "HUSBAND") and KATHLEEN M. VIGLIANO of Mechanicsburg, Pennsylvania, (hereinafter "WIFE"); WITNESSETH: WHEREAS, the parties hereto were married on June 26, 1971, in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, a divorce action was filed by HUSBAND on or about July 22,1999, in the Cumberland County Court of Common Pleas at 99-4400 Civil Term; 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 NOW THEREFORE, in consideration of the covenants and promises hereinafter to be Page 1 of 16 kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: I. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Melissa Peel Greevy, Esquire. HUSBAND is represented by James D. Bogar, Esquire. 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 Waiver of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. 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 16 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 last party 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 life time 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 parry 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 16 5. FINANCIAL DISCLOSURE. The parties represent and warrant that the disclosures each have made are truthful, accurate and complete. 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 the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. U2ARATION-INIERFERENCE. 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 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 were joint owners of real property located at 224 Green Lane Drive, Camp Hill, Cumberland County, Pennsylvania. The home was sold at Sheriff's Sale in September Page 4 of 16 1999. Neither party has been informed that the mortgage company is seeking excess judgment on the home. However, in the event excess judgement is sought, the parties covenant and agree that the amount due will be apportioned equally between the parties. 8. DEBTS. (a) AFSA Data Corporation Loans, The parties acknowledge that there are AFSA Data Corporation Loans which the parties have agreed to repay to assist their son, Vincent, with educational expenses. The parties acknowledge that HUSBAND alone has been meeting this marital obligation from the time of separation until the execution of this Agreement. Commencing December 1, 2000, HUSBAND shall be responsible for the AFSA Data Corporation Loans , as described below, until the obligations are met. Creditor AFSA Data Corp. Full Monthly payment $114.30 January 28, 2006 AFSA Data Corp. (b) Direct Loans. $113.91 November 28, 2006 The parties acknowledge that there are Direct Loans which the parties have agreed to repay to assist the son, Anthony, with educational expenses. The parties acknowledge that HUSBAND alone has been meeting this marital obligation from the time of separation until the execution of this Agreement. Commencing December 1, 2000, WIFE shall be responsible for the full amount of the payment due each month, as described below, until January 28, 2006 or until the AFSA Data Corporation Loans are paid in full, which ever event first occurs. Following the completion of the payments on the AFSA Data Corporation Loans, HUSBAND will reimburse WIFE $90.00 per month for the loan payments which are due between January 28, 2006 and the expected pay off date of October 21, 2009. The amounts Page 5 of 16 which HUSBAND shall pay to WIFE during this period shall not to include any amounts for past due payments, late fees or additional interest caused by late payments made prior to January 28, 2006, or at anytime thereafter. Creditor Full Monthly payment erected Pay off date Direct Loans $175.73 October 21, 2009 (b) Other debt HUSBAND represents and warrants to WIFE that since the filing of the Divorce he has not and in the future 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 and demands made against her by reason of such debts or obligations incurred by him since the date of said filing, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the filing of the Divorce she has not and in the future 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 and demands made against him by reason of such debts or obligations incurred by her since the date of said filing, except as otherwise set forth herein. 9. REDREMENT AND INVESTMENTS. HUSBAND was the owner of a 401(k) as the result of said employment with his employment, a portion of which is marital property. WIFE was employed during the marriage and as a result of said employment with Marsh, USA, Inc., has a retirement plan, a portion of which is marital property. Each party represents that he or she is sufficiently familiar with the retirement assets of the other to make an informed decision regarding the disposition thereof. Both parties waive any rights that they may have to the retirement, investment and/or 401(k) Page 6 of 16 plan(s) of the other. HUSBAND shall name both children as equal co-beneficiaries of his 401 (k) and shall provide proof, on an annual basis, of said beneficiary designations. Each party shall execute all documents necessary to give effect to this paragraph upon request. 10. AUTOMOBILES. The parties agree that at the time of separation, vehicles were distributed in the following satisfactory and equitable manner: WIFE has received the 1995 Chevrolet Cavalier. HUSBAND received the 1988 Mitsubishi Pick up Truck. The parties agree to maintain their vehicles and shall be solely responsible for all payments, maintenance, insurance and other costs or fees related to their respective vehicles. Each party agrees to indemnify and hold the other harmless for any and all liability related to their respective vehicles, and to execute any and all necessary documents to effect the transfer of the title of each vehicle as agreed above. 11. HOUSEHOLD GOODS AND PERSONAL PROP RTV, The parties agree that they have distributed and are currently in possession of the household goods and personal property which has been divided between them in a satisfactory and equitable manner. 12. SPOUSAL SUPPORVALIMONY. Jvv (a) Periodic Payments. Effective December I, 2000 and continuing until January 1, aoi5 2WT HUSBAND shall pay to WIFE, for her support and maintenance, the sum of One thousand ($1000) per month. Prior to the entry of a Divorce Decree these, payments shall be deemed to be spousal support and after the Decree is entered they shall be deemed to be alimony. The parties agree that the alimony payments shall not be wage attached. (b) Termination. Notwithstanding the foregoing, HUSBAND'S obligation to pay Page 7 of 16 alimony to WIFE shall cease absolutely upon the first to occur of (1) HUSBAND'S death, (2) WIFE'S death, (3) WIFE'S remarriage, or (4) WIFE'S cohabitation with another adult who is not a relative, for a period of thirty (30) days or more. (c) Tax Consequences. The payments from HUSBAND to WIFE pursuant to this paragraph are intended to be "alimony" as that term is defined in the Internal Revenue Code. As such, any such payments shall be includeable in WIFE'S income and deductible by HUSBAND for tax purposes. Each party warrants that he or she will treat said payments as alimony taxable to the recipient and neither shall take an inconsistent position on any tax return he or she files hereafter. The parties further agree that payments made pursuant to the Order of Court in WIFE'S support action Docket Number 00256 SA 1999 filed in York County Court of Common Pleas shall be considered court ordered support which is tax deductible to HUSBAND and reportable as taxable income to WIFE. Contemporaneously with the execution of this Agreement, WIFE shall execute a Petition to Terminate a Support Order which shall be timely filed in the Domestic Relations Section of the York County Court of Common Pleas. (d) Modification. The alimony provisions have been negotiated to take into account the parties' overall economic circumstances, including the equitable distribution of property provided for herein, and were agreed to by both the parties with the specific understanding that neither the amount nor the duration shall be subject to modification for any reason whatsoever except HUSBAND'S disability and/or involuntary decrease in HUSBAND'S income. It is hereby understood and agreed by the parties that in the event that HUSBAND shall become disabled and become unable to continue at his regular and present occupation for a Page 8 of 16 period of thirty (30) days or more, HUSBAND'S obligation for payment of alimony under this Agreement may be modified until HUSBAND is no longer disabled. Moreover, it is hereby understood and agreed that in the event that HUSBAND suffers an involuntary decrease in income due to circumstances beyond his control which decrease extends for a period of thirty (30) days or more, HUSBAND'S obligation for payment of alimony under this Agreement may be modified. 13. LIFE INSU AN F HUSBAND is the owner of a life insurance policy available through his employment. So long as this policy is available to HUSBAND at no cost through his employment and continuing until the alimony obligation is terminated, HUSBAND will designate WIFE as beneficiary of the life insurance. In the event that the alimony obligation terminates for any reason, then HUSBAND'S responsibility to provide such life insurance coverage shall also terminate. HUSBAND shall provide WIFE with a copy of the life insurance policy within thirty (30) days of the execution of the Agreement. 14. TAX RETURNS AND DEDUCTIONS. For the tax year 1999, the parties filed separate tae returns. The parties agree that so long as the deductions are available, HUSBAND shall claim the deduction for parties' son Vincent C. Vigliano and that WIFE shall claim the deduction for the parties' son Anthony J. Vigliano. The parties have heretofore tiled certain joint income tax returns and each party warrants to the other that he or she has heretofore duly paid, or in the case of the 2000 tax return, will pay all income taxes due on such returns; that he or she does not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against him or her; and that no Page 9 of 16 audit is pending with respect to any such return. If there is any deficiency assessment on any of the aforesaid returns, the parties shall give immediate notice to each other, in writing. The parties further warrant that he or she shall pay the amount ultimately determined to be due, together with interest and penalties, if any, as well as all expenses that may be incurred if he or she decides to contest the assessment. The parties agree that in the future if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the Commonwealth of Pennsylvania, any local taxing authority or the United States Internal Revenue Service said penalties or interest shall be paid and solely attributable to and be the responsibility of the party failing to declare said income or claiming the deduction. It is the express intent of the parties that neither shall be held financially responsible for the tax debts, penalties or interest attributable to the income, acts or omissions of the other. 15. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. Contemporaneously with the execution of this Agreement, the parties will promptly sign Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Request Entry of A Divorce Decree. 16. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the Page 10 of 16 other party access to those records in the event of tax audits. 17. BANKRUPTCY OR MR ANI ATION PRO tH DIN 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 of 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 Federal or State 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 provisions 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. Th. parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either parry in the future, any monies to be paid to the other party, or to a third party, pursuant to the tetras of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 18. ATTORNEY FEES (li RT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other Page I I of 16 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. 20. NOTICE, Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to HUSBAND shall be sufficient if made or addressed to the following: Joseph V. Vigliano 666 State Street Lemoyne, PA 17043 and to WIFE, if made or addressed to the following: Kathleen M. Vigliano 24 Mallard Court Mechanicsburg, PA 17055 21. WAIVER OF RIGHT . 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 and income and expense statement of either party; Page 12 of 16 (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. 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 Pennsylvania. 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 for herein. 25. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was preparedjointly by the parties. 26. EFFECT OF RECON II IATION QHABITATION OR DIVORCE, This Agreement shall remain in full force and effect and shall not be abrogated even if the Page 13 of 16 parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall also continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 27. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 28. MODIFICATION. No modification, recission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties thereto. 29. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 30. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition. shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. Page 14 of 16 This Agreement is executed in duplicate and in counter parts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness Id Y. brkri fitness oseph . Vigliano Q , YW Kathleen M. Vigliano Page 15 of 16 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss. On the - 2 day of t t C . 2000, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Joseph V. Vigliano, known to me ( or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my first above written. seal the day and year Expires: COMMONWEALTH OF PENNSYLVANIA ? Car,iublic IJCaud8,N? l T''to uy My Com2 COUNTY OF CUMBERLAND as. On the -2- day of N , 2000, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Kathleen M. Vigliano, known to me ( or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. Notary Public My Commission Expires: i 2.9101 Page 16 of 16 Y Ol ? a- G r.: - LIJ UJ r,2 U U JOSEPH V. VIGLIANO Plaintiff, V. KATHLEEN M. VIGLIANO Defendant. IN '1'1-11:: COURTOP COMMON PLEAS OF CUM13E,IU,AND COUNTY, PI:NNSYI.VANIA CIVIL ACTION - LAW lyd0o No. 99-4480 Civil Term IN DIVORCL' PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code 2. Date and manner of service of the Complaint: Certified Restricted Delivery Unites State Mail, receipt sign and dated July 24, 1999. Certificate of Service was filed July 29, 1999. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff December 4, 2000. (b) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Defendant November 28, 2000. 4. Related claims pending: none. The Marital Settlement Agreement dated December 2, 1999 and filed with the court resolved all claims. 5. (a) Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: December 5, 2000. Y No. 99-4400 (b) Date Delendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 5, 2000. 6. (a) Defendant's social security number is: 177-42-4533. (b) Plaintiffs social security number is : 222-34-1110. Respectfully submitted, Date: /OV5/,k Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenue Suite 105 Camp Hill. PA 17011-2336 (717) 763-8995 v c M ' r O L.. C? Cl- f ? r Ul G pa U n 'J V V JOSEPH V. VIGLIANO, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KATHLEEN M. VIGLIANO, Defendant. No. Civil Term 99 - 'W16 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 foregoing 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 in 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 other 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: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 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 TI II OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 .JOSEPH V. VIGLIANO, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION - LAW KATHLEEN M.VIGLIANO, y9 t/ 1/ '(0 Detendant. No. _ Civil Term IN DIVORCE NOTICE OF AVAILABILITY OF O INSFI ING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding tiled in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. Ifyou desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will Constitute a waiver ofyour right to request counseling. JOSEPH V. VIGLIANO, Plaintiff, V. KATHLEEN M. VIGLIANO, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW emyvyo No. Civil Term IN DIVORCE COUNT I COMPLAINT IN DIVORCE UNDER § 3301 (c) OR § 3301(d) OF THE DIVORCE CODE Plaintiff, by and through his attorney, Melissa Peel Greevy, respectfully represents: Plaintiff is Joseph V. Vigliano, who currently resides at 666 State Street, Lemoyne. Cumberland County, Pennsylvania, since May 21, 1999. 2. Plaintiffs Social Security Number is 222-34-1110. 3. Defendant is Kathleen M. Vigliano, who currently resides at 24 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania, since April 15, 1999. 4. Defendant's Social Security Number is 177-42-4533. 5. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. 6. The parties were married on June 26, 1971 in New Cumberland, Cumberland County, Pennsylvania. 7. There are no minor children of this marriage. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. There have been no prior actions of divorce or annulment between the parties. 10. The marriage is irretrievably broken. H. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling. 12. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT 11 - EQUITABLE DISTRIBUTION 13. Paragraphs 1-12 of this Complaint are incorporated by reference as if set forth at length. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, from June 26, 1971 until their separation on July 6, 1996. 15. Plaintiffand Defendant have not agreed as to an equitable division ofsaid property. WHEREFORE, Plaintiff requests your Honorable Court to equitable divide all marital property. H I verify that the statements made in this Complaint are true and correct. I understand that Else statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: '7-;z c- R 4 \ „IAA- Joseph V. igliano Respectfully submitted, Date: e 6E Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenue Suite 602 Camp Hill. PA 17011-2336 (717) 763-8995 Counsel for the Plaintiff r cli > c.. e?j JOSEPH V. VIGLIANO, Plaintiff, V. KATHLEEN M. VICLIANO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. •99-4409 9P-vyyv IN DIVORCE CERTIFICATE OF SERVICE 1, Melissa Peel Greevy, Counsel for Plaintiff in the above captioned matter, do hereby certify that I have served the Defendant, Kathleen M. Vigliano, with a true and correct copy of the Divorce Complaint by placing same in the U.S. Mail, certified, restricted delivery, return receipt requested, and postage prepaid. The Divorce Complaint was also placed in regular U.S. Mail on July 23, 1999. The signed receipt indicating service was made on July 24, 1999 is attached hereto. Date: 7/? 7/q ? I SENDER* I ' tgrtr t ankv« 2 for skWltlaW •erNcas. I Weo wish to receive tl? fe ? J • • nerra a, e¦, and Alb. following services (for an • PAH youn•m• •rq •da?y on ew r•wn• of tNs form so that we can return "Is extra fee): • MY• lormlo Iha h«e of the mWpey, or on tM tack a epsu does not 7. ? A ressee'9 Address J 4 :The Ae'Reharr R&ciwp R&qua fad•ce the maxptaoe below Am article number. 1 bC un Receipt will stow to whom the article wu dellveW aw the date 2. estricted Delivery O 3. a Addressed to: `r a?r?l?d c? Me.c?ur, lr.?? Pa 1'1055 5. R eNC811-111N 8.8 N Y _ ) Melissa Peel Greevy, E214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for the Plaintiff ? Registered Ei,4or88a ? Express Mail ? Insured LtcLhlf!rdandse ? COD L and fee Is paid) N ttip 8 s E' c , b - c ' i? cn JOSEPH V. VIGLIANO, Plaintiff, V. KATHLEEN M. VIGLIANO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 44Li0 No. 99-44W Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 22, 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. 1 consent to the entry of a final decree of divorce after service 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. § 4904 relating to unswom falsification to authorities. Date: h p . Vigliano Plaintiff cr d cn i?. .? V 7 l? iJL -00- ? v o JOSEPH V. VICLIANO, Plaintiff, vV. KATHLEEN M. VICLIANO, Defendant. IN TI IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA q q00 No. 99-44dB Civil Term CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 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 by 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: J eph V. Vig i no Plaintiff q o 4: r) Cn O r)F-' ti ;?( f C-1 I- q u jQ- O o U . .. . . ., JOSEPH V. VIGLIANO, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY. PENNSYLVANIA y440 V. No. 99-4494 Civil Term KATHLEEN M. VIGLIANO, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 22, 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. 1 consent to the entry of a final decree of divorce after service of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: + i OCR C)athleeii M. Vigliano Defendant a, i,u?? of ?y 1- to ` ? 2 7 y S li-5?.. V T:z i-' 41 O ma V. ?? o U w JOSEPH V. VIGLIANO, Plaintiff, V. KATHLEEN M. VIGLIANO, Defendant. W THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 4440 No. 99-4400-Civil Term CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE L I consent to the entry of a final decree of divorce without notice. 2. 1 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 by 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 cation to authorities. Date:11 /' / 9 I n n Ctull? Kathleen M. Vigli Defendant o aN -.5 CD o a o C2 V ,. ..