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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ?s PENNA.
JWJ£ .D., .SAM,.. J.R.
..................................................................................
Vol-sus
FAME J. SAM,
99-4527
No ......................... ................. 19
DECREE IN
DI VORCE
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AND NOW, R?cemb?r.... a {.. • . • • • • • . • • 19 99..... it is ordered and
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decreed that ....... Joseph n. Sarra, Jr. • , plaintiff,
and .............. Faye,?,•sacra............................... 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;
AND IT IS FURTHER ORDERED, that the terns, conditions and covenants
set. forth. in. the. written. Separation and PxopPxty. q.attl mmt; Agreement made
and entered into by the parties on August 4, 1999, are incorporated into
this- Decree- by reference- theretcy but not intro •thi.•s -Decree ..........
By T
Attest: - J.
Prothonotary
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4527 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, Made this `t"u day of AuA-s+Z
1999, by and between Joseph D. Sarra, Jr., hereinafter referred to as "Husband", and
Faye J. Sarra, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on February 16, 1990; and
WHEREAS, one child was born of this marriage, namely, Joseph B. Serra, born
May 1, 1991; and
WHEREAS, certain differences have arisen between the parties as a result of
which they have separated and now live separate and apart from one another, and are
desirous of settling fully and finally their respective financial and property rights and
obligations as between each other, including, without limitation by specification: the
settling of all matters between them relating to the past, present and future support and/or
maintenance of Wife by Husband or of Husband by Wife; and in general the settling of
any and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual
responsibilities and rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, fully understand and agree that Husband
is represented by Sandra L. Meilton, Esquire and that Wife has the right to have the
advice of independent counsel prior to the signing of this Agreement, and that by
signing this Agreement, Wife recognizes that she fully understands the legal impact
of this Agreement and waives her right to have the Agreement reviewed by an
independent attorney of her choosing and further intends to be legally bound by the
terms of this Agreement.
NOW THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound and to legally bind their heirs, successors and assigns
thereby, covenant, promise and agree as follows:
SEPARATION:
It shall be lawful for each party at all times hereafter to live separate and
apart from the other at such place or places as he or she may from time to time choose or
deem fit.
A
2. INTERFERENCE:
Each party shall be free from interference, authority and contact by the
other, as fully as if he or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement. Neither party shall molest the other nor
attempt to endeavor to molest the other, nor compel the other to cohabit with the other,
nor in any way harass or malign the other, nor in any way interfere with the peaceful
existence, separate and apart from the other in all respects as if he or she were single
and unmarried.
3. WIFE'S DEBTS:
Wife represents and warrants to Husband that since their separation on
June 1, 1999 she has not, and in the future she will not, contract or incur any debt or
liability for which Husband or his estate might be responsible and shall indemnify and
save Husband harmless from any and all claims or demands made against him by reason
of debts or obligations incurred by her.
4. HUSBAND'S DEBTS:
Husband represents and warrants to Wife that since their separation on
June 1, 1999 he has not, and in the future he will not, contract or incur any debt or liability
for which Wife or her estate might be responsible and shall indemnify and save Wife
harmless from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
5. OUTSTANDING JOINT DEBTS:
Husband and Wife acknowledge and agree that they have no outstanding
debts and obligations of the Husband and Wife incurred prior to the signing of this
Agreement, except as follows:
PNC Bank - Mortgage on the 6109 Millbank Drive,
Mechanicsburg, PA 17055.
Husband agrees to pay the outstanding joint debts as set forth herein and
further agrees to indemnify and save Wife harmless from any and all claims and demands
made against her by reason of such debts or obligations.
2
6. MUTUAL RELEASE:
Subject to the provisions of this Agreement, each party waives his or her
right to alimony and any further distribution of property inasmuch as the parties hereto
agree that this Agreement provides for an equitable distribution of their marital property in
accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement,
each party has released and discharged, and by this Agreement does for himself or
herself, and his or her heirs, legal representatives, executors, administrators and assigns,
release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except in
any or all causes of action for breach of any provisions of this Agreement. Each party
also waives his or her right to request marital counseling pursuant to Section 202 of the
Divorce Code.
7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code,
and taking into account the following considerations: the length of the marriage; the fact
that it is the first marriage for Husband and third marriage for Wife, the age, health,
station, amount and sources of income, vocational skills, employability, estate, liabilities
and needs of each of the parties; the contribution of each party to the education, training
or increased earning power of the other party; the opportunity of each party for future
acquisitions of capital assets and income; the sources of income of both parties, including
but not limited to medical, retirement, insurance or other benefits; the contribution or
d,ssipation of each party in the acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of each spouse as a 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 any way 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
marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY:
The parties hereto mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, and other household personal
property between them, and they mutually agree that each party shall from and after the
date hereof be the sole and separate owner of all such tangible personal property
presently in his or her possession, except as set forth in Exhibit "A" attached hereto,
which items shall be distributed in accordance with Exhibit "A", and this Agreement shall
have the effect of an assignment or bill of sale from each party to the other for such
property as may be in the individual possession of each of the parties hereto and as set
forth in Exhibit "A".
The parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible and intangible marital property. Neither party shall make
any claim to any such items of marital property, or of the separate personal property of
either party, which are now in the possession and/or under the control of the other, or
which property will be distributed in accordance with Exhibit "A" attached hereto. Should
it become necessary, the parties each agree to sign, upon request, any titles or
documents necessary to give effect to this paragraph. Property shall be deemed to be in
the possession or under the control of either party if, in the case of tangible personal
property, the item is physically in the possession or control of the party at the time of the
signing of this Agreement and, in the case of intangible personal property, 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. Husband
and Wife shall each be deemed to be in the possession and control of his or her own
individual pension or other employee benefit plans or retirement benefits of any nature
with the exception of Social Security benefits to which either party may have a vested or
contingent right or interest at the time of the signing of this Agreement, and neither will
make any claim against the other for any interest in such benefits.
From and after the date of the signing of this Agreement, both parties shall
have complete freedom of disposition as to his/her separate property and any property
which is in their possession or control pursuant to this Agreement and may mortgage,
sell, grant, convey, or otherwise encumber or dispose of such property, whether real or
personal, whether such property was acquired before, during or after marriage, and
neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instrument of the other pertaining to such disposition of property.
B. DISTRIBUTION OF REAL ESTATE:
Wife agrees to transfer to Husband immediately upon the signing of this
Agreement all of her interest in and title to their jointly owned real estate at 6109 Millbank
Drive, Mechanicsburg, Cumberland County, Pennsylvania subject to the mortgage given
to PNC Bank in exchange for which Husband agrees to be solely responsible for the
payment of all future mortgage payments, taxes, insurance and utility bills relative to said
real estate. Husband agrees to remove Wife's name from the mortgage held by PNC
Bank either through concurrence of PNC Bank or through the re-financing of the
mortgage obligation. Wife's name shall be removed from the mortgage no later than six
months from the date of the signing of this Agreement. Pending removal of Wife's name
or the refinancing of the mortgage, Husband covenants and agrees to pay and discharge
the existing mortgage obligation on said premises in accordance with its terms, and
agrees to indemnify Wife from any loss by reason of her default in the payment thereof
and agrees to save Wife harmless from any future liability with regard thereto.
Husband agrees to pay to Wife in consideration for the transfer of her
interest in said real estate to Husband the sum of $26,550.00, which sum shall be paid
upon completion of the refinancing required by this paragraph. Husband shall give to
Wife an installment judgment note guaranteeing the payments, which judgment note shall
be held by Wife and not recorded unless Husband defaults in making payment on the
debt simultaneous with the completion of the refinancing.
C. TAX LIABILITY:
The parties believe and agree, and have been so advised by their
respective attorneys, that the division of property heretofore made by this Agreement is a
non-taxable division of property between co-owners rather than a taxable sale or
exchange of such property. Each party promises not to take any position with respect to
the adjusted basis of the property assigned to him or her or with respect to any other
issue which is inconsistent with the position set forth in the preceding sentence on his or
her Federal or State income tax returns.
8. PENSION AND RETIREMENT PLANS:
The parties agree that Husband is currently employed by Bell Atlantic and
has a pension and Bell Atlantic Savings Plan as a result of said employment and that
Wife is currently employed by Bell Atlantic and has a pension in Bell Atlantic Savings Plan
as a result of her employment. The parties agree that Husband shall retain his pension,
Bell Atlantic Savings Plan and any and all retirement benefits resulting from his
employment with Bell Atlantic and that Wife shall waive all of her right, title and interest in
these assets and benefits. The parties agree that Wife shall retain her pension, Bell
Atlantic Savings Plan and any and all retirement benefits resulting from her employment
with Bell Atlantic and that Husband shall waive all of his right, title and interest in these
assets and benefits.
Both parties agree to sign any and all documents necessary to enforce this
provision.
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9. IRA ACCOUNTS
Both parties agree to retain ownership of their respect IRA accounts as
follows, and to have the other removed as beneficiary if so designated:
MFS - Investor Number CPS - 000607920 - Husband
1. MFS Emerging Growth Fund - B 207/08186908369
Traditional IRA
2. MFS Research International Fund - B 299/08186908373
Traditional IRA
3. Massachusetts Investors Trust - B 212/08186972808
Roth IRA
MFS - Investor Number CPS .000607920 - Wife
1. MFS Emerging Growth Fund - B 207/08186972804
Roth IRA
Each party agrees to waive all right, title and interest to the IRA accounts
identified at the hearing as the property of the other party.
10. MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both of the parties, they
agree as follows:
(a) the 1995 Honda Accord (green), VIN 1HGC056535A112131,
shall become the sole and exclusive property of Wife free and clear of all liens and
encumbrances;
(b) the 1995 Honda Accord (beige), VIN 1 HGCG5558SAl 15138,
shall become the sole and exclusive property of Husband free and clear of all liens and
encumbrances;
(c) the 1990 Chevrolet Van shall become the sole and exclusive
property of Husband free and clear of all liens and encumbrances;
6
(d) the 1990 Mercury Cougar shall become the sole and
exclusive property of Wife free and clear of all liens and encumbrances; and
(e) the titles to the said motor vehicles shall be executed by the
parties, if appropriate for effecting transfer as herein provided, on the date of execution of
this Agreement and the said executed title shall be delivered to the proper parties on the
distribution date.
11. LIFE INSURANCE:
The parties agree that the State Farm Universal Life and Metropolitan
Whole Life insurance policies were acquired by Husband prior to the marriage and that
these policies shall remain Husband's separate assets. Husband shall remove Wife's
name as beneficiary, if so designated, and Wife agrees to waive all right, title and interest
to said policies.
12. MFS STOCK ACCOUNT:
The parties have previously divided the MFS joint stock account, with
Husband receiving sixty-five percent (65%) of the account and Wife receiving thirty-five
percent (35%) of the account. Husband shall pay to Wife $4,000.00 to equalize this
distribution. Said payment shall be made simultaneous with the refinancing and
Husband's obligation to pay same shall be incorporated with the judgment note
requirement set forth in paragraph 7(b) above.
13. CUSTODY AND SUPPORT:
The parties agree that they shall share legal and physical custody of their
minor child, Joseph. For the purposes of schooling, Joseph's primary residence shall
remain 6109 Millbank Drive, Mechanicsburg, PA 17055 for as long as the parties or one
of the parties continues to occupy that residence. If the 6109 Millbank Drive property is
vacated, the parties shall mutually agree upon a "primary residence" for Joseph keeping
in mind as the primary focus, Joseph's best interest.
The parties agree that neither shall seek child support for Joseph but that
they shall share the support obligations as they mutually agree. Specifically, on major
expenditures, (including but not limited to daycare, healthcare, dental care, vision care
and clothing) which shall be discussed in advance and if agreed to, the cost of same shall
be shared equally by the parties. With regard to medical and dental insurance, the
parties shall rotate Joseph's benefit coverage on an annual basis during the appropriate
enrollment periods and the party not covering Joseph shall reimburse the other for one-
half of the fee for coverage.
Wife shall assume full custody of Kelly and Charles O'Connell and shall be
solely liable for the support of Kelly and Charles subject to any current or future
agreements with their father, Frank O'Connell. Husband shall have no custodial rights to
Kelly and Charles and shall have no support obligation for Kelly and Charles O'Connell.
To that extent, Wife agrees to hold Husband harmless to assume full liability for the
support of Kelly and Charles.
14. ALIMONY:
Both parties acknowledge and agree that the provisions of this Agreement
providing for equitable distribution of marital property are fair, adequate and satisfactory
to them and are accepted by them in lieu of and in full and final settlement and
satisfaction of any claims or demands that either may now or hereafter have against the
other for support, maintenance or alimony. Husband and Wife further voluntarily and
intelligently waive and relinquish any right to seek from the other any payment for support
or alimony.
15. ALIMONY PENDENTE LITE, COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the provisions of this
Agreement providing for the equitable distribution of marital property of the parties are
fair, adequate and satisfactory to them. Both parties agree to accept the provisions set
forth in this Agreement in lieu of and in full and final settlement and satisfaction of all
claims and demands that either may now or hereafter have against the other for alimony
pendente lite, counsel fees or expenses or any other provision for their support and
maintenance before, during and after the commencement of any proceedings for divorce
or annulment between the parties.
The parties agree that Wife shall reimburse Husband $180.00 for the filing
fee for the Divorce Complaint and further the parties agree to share equally in any further
Court costs incident to the finalization of the Divorce.
16. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he
or she may now have or hereafter acquire, under the present or future laws of any
jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the will of the other, and right to J:i
act as administrator or executor of the other's estate. Each will, at the request of the
other, execute, acknowledge and deliver any and all instruments which may be necessary
or advisable to carry into effect this mutual waiver and relinquishment of all such interests,
rights and claims.
17. MUTUAL CONSENT DIVORCE:
The parties agree and acknowledge that their marriage is irretrievably
broken, that they do not desire marital counseling, and that they both consent to the entry
of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both
parties shall at the appropriate time execute such consents, affidavits, or other documents
and to direct their respective attorneys to forthwith file such consents, affidavits, or other
documents as may be necessary to promptly proceed to obtain a divorce pursuant to said
23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the
applicable Rules of Civil Procedure, the named defendant in such divorce action shall
execute any waivers of notice or other waivers necessary to expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action
for divorce which may be instituted or prosecuted by either party and no order, judgment
or decree of divorce, temporary, final or permanent, shall affect or modify the financial
terms of this Agreement. This Agreement shall be incorporated in but shall not merge
into any such judgment or decree of final divorce, but shall be incorporated for the
purposes of enforcement only.
18. BREACH AND ENFORCEMENT-
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach, or seek
such other remedies or relief as may be available to him or her, and the party breaching
this Agreement shall be responsible for payment of legal fees and costs incurred by the
other in enforcing his or her rights under this Agreement.
19. ADDITIONAL INSTRUMENTS-
Each of the parties shall from time to time, at the request of the other,
execute, acknowledge and deliver to the other party any and all further instruments that
may be reasonably required to give full force and effect to the provisions of this
Agreement.
20. TAX ADVICE:
Both parties hereto hereby acknowledge and agree that they have had the
opportunity to retain their own accountants, certified public accountants, tax advisor, or
tax attorney with reference to the tax implications of this Agreement. Further, neither
party has been given any tax advice whatsoever by their respective attorneys. Further
both parties hereby acknowledge that they have been advised, by their respective
attorneys, to seek their own independent tax advice by retaining an accountant, certified
public accountant, tax attorney, or tax advisor with reference to the tax implications
involved in this Agreement. Further, the parties acknowledge and agree that their
signatures to this Agreement serve as their acknowledgment that they have read this
particular paragraph and have had the opportunity to seek independent tax advice.
21. VOLUNTARY EXECUTION:
Wife acknowledges that Sandra L. Meilton, attorney, has acted as
legal counsel to Husband in connection with the negotiation and preparation of this
Property Settlement Agreement. Wife acknowledges that, by copy of this
Agreement, she has been advised of her right to seek the advice of counsel of her
own choice in connection with any matter pertaining to this Agreement or the divorce
action filed by Husband. Upon that provision, Husband and Wife acknowledge and
represent that the provisions of this are fully understood by both parties and each
party acknowledges that the Agreement is in all respects fair and equitable, that it is
being entered into voluntarily and knowingly and that it is not the result of any duress
or undue influence; Wife further acknowledges that she had the opportunity to seek
the advice of legal counsel for the purpose of having the legal effect of the provisions
herein fully explained to her, and that if she chose not to seek such legal counsel,
such action was taken by her voluntarily of her own free will.
22. 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. Husband and Wife acknowledge and agree that the provisions of this
Agreement with respect to the distribution and division of marital and separate property
are fair, equitable and satisfactory to them based on the length of their marriage and
other relevant factors which have been taken into consideration by the parties. Both
parties hereby accept the provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and satisfaction of all claims and
demands that they may now have or hereafter have against the other for equitable
distribution of their property by any court of competent jurisdiction pursuant to 23
Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily
and intelligently waive and relinquish any right to seek a court ordered determination and
distribution of marital property, but nothing herein contained shall constitute a waiver by
either party of any rights to seek the relief of any court for the purpose of enforcing the
provisions of this Agreement.
10
23. FINANCIAL DISCLOSURE:
The parties confirm that they have relied on the completeness and
substantial accuracy of the financial disclosure of the other as an inducement to the
execution of this Agreement. The parties acknowledge that there has been no formal
discovery conducted in their pending divorce action and that neither party has filed an
inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce
Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for
equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned
by the other party in an asset of any nature at any time prior to the date of execution of
this Agreement that was not disclosed to the other party or his or her counsel prior to the
date of the within Agreement is expressly reserved. In the event that either party, at any
time hereafter, discovers such an undisclosed asset, the party shall have the right to
petition the Court of Common Pleas of Cumberland County to make equitable distribution
of said asset.
The non-disclosing party shall be responsible for payment of counsel fees,
costs or expenses incurred by the other party in seeking equitable distribution of said
asset.
Notwithstanding the foregoing, the Agreement shall in all other respects
remain in full force and effect.
24. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement shall be
effective only if made in writing and executed with the same formality as this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
25. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement
agreements which may or have been executed prior to the date and time of this
Agreement are null and void and of no effect.
26. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only. They shall
have no effect whatsoever in determining the rights or obligations of the parties.
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27. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto
that each paragraph hereof shall be deemed to be a separate and independent covenant
and agreement.
28. APPLICABLE LAW:
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
29. 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.
30. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding and shall inure to the benefit of the parties
hereto and their respective heirs, executors, administrators, successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have set their Hands and
Seals the day and year first above written.
Sandra L. Meilton
(SEAL)
Joseph D' Sarra, Jr.
12
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ( SS:
On this, the day of ?S&&? 1 gg
before me, a Notary Public, the undersigned officer, personally appeared Joseph D.
Sarre, known to me (or satisfactorily proven) to be the person whose name is subscribed
to the foregoing Property Settlement Agreement and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
I Ornoew oa?ty PuM
Myf.anhYltlOn Et?lne OC.8.1001
COMMONWEALTH OF PENNSYLVANIA )
(
COUNTY OF SS:
On this, the day of RSS. ? f gg0?-
before me, a Notary Public, the undersigned officer, personally appeared Faye J. Sarra,
known to me (or satisfactorily proven) to be the person whose name is subscribed to the
foregoing Property Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
land.t
Public ?
NOWU Sod
Jan E.C&M wa, Notary RM
Low 8watra Twp.. DKOM C=*
uy cantNWOn 60M Oct 8, X01
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Exhibit A
Wife shall retain the following assets which currently remain in the marital
residence:
Her 'pre-marital' bedroom set, her winter clothes, 50% of the holiday
decorations, 50% of the family photographs and remaining personal items.
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4527 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
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 Section 3301(c) of
the Divorce Code.
2. Date and manner of service of the complaint: certified mail,
August 23, 1999.
3. Date of execution of the affidavit of consent and waiver required by
Section 3301(c) of the Divorce Code:
by plaintiff: December 21, 1999
by defendant: December 21, 1999
4. Related claims pending: None
Sandra L. Meilton
Susan M. Seighman
Dated: December 21, 1999 Attorney for Plaintiff
24337.1
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- -yIS?oZ /y G . t 1r'?
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 the
Cumberland County Court House, One Courthouse Square, Carlisle, PA 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 THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
4`h Floor, Cumberland County Courthouse
Carlisle, PA 17013
Telephone No. (717) 240-6200
4-f z
Sandra L. Meil on, Esquire
Tucker Arensberg & Swartz
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorney for Plaintiff
JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAN
NO.
IN DIVORCE
COMPLAINT UNDER SECTION 3301 c OF THE DIVORCE CODE
1. Plaintiff is Joseph D. Sarra, Jr., an adult
individual who is sui juris and resides at 6109 Millbank Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Faye J. Sarra, an adult individual
who is sui juris and resides at 4063 Darius Drive, Enola,
Cumberland County, Pennsylvania, 17025. The present whereabouts
of the Defendant, Faye J. Sarra, to the knowledge of the
Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on
February 16, 1990, in State College, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. Plaintiff has been advised of the availability of
counseling and the right to request that the court require the
parties to participate in counseling.
7. The Defendant is not a member of the Armed
Services of the United States or any of its Allies.
8. The Plaintiff avers that the ground on which the
action is based is that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a
Decree:
A. Dissolving the marriage between Plaintiff and
Defendant; and
B. For such further relief as the Court may determine
equitable and just.
TUCKER ARENSBERG & SWARTZ
By:
ton
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorney for Plaintiff
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. Section 4904, relating
to unsworn falsification to authorities.
Dated: '7 -,21- 9 9
Joseph . Sarra, Jr.
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JOSEPH D. SARRA, JR., IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
N0. 99-4527 Civil Term
FAYE J. SARRA,
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF DAUPHIN )
AND NOW, this ('16 day of DcOd{2 , 1999.
personally appeared before me, a Notary Public in and for the
aforesaid Commonwealth and County, Gloria M. Rine, legal
assistant to Sandra L. Meilton, who being duly sworn according to
law, deposes and says that on August 2, 1999, she mailed a
certified copy of a Complaint in Divorce, by certified mail no.
Z 398 269 548, restricted delivery, return receipt requested, to
Faye J. Sarra, 4063 Darius Drive, Enola, PA 17025, and the same
was received by her on August 23, 1999 as indicated by the return
receipt card which is attached heret .
Glori M. Rine
Sworn to and subscribed
before me this f? day
of cefi9b?le 1999.
(Notary Publi
(SEAL) Notarial Seal
Jacquelyn A. Zettlemoyer, Notary Public
Harrisburg, Dauphin County
My Commission Expires Mar. 24, 2003
Member, PennsyN-18 Aasoclellon of Notarl
Z 398 269 548
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
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MRS FAYE SARRA Z 398 269 548
4063 DARIUS DRIVE
ENDLA PA 17025 4b. Service Type
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DELIVERY
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994527 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 27, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce.
4. 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.
5. 1 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: 12/21/99
S)rk
Josep D. Sarra, Jr., P stiff
S.S. No. 1G?t)-49- 33E39
cn J
JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4527 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. 1 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. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date: 12/21/99 SL_ L -7" a
Jose D. Sarra, Jr., Plain ff
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 994527 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
July 27, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of the filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce.
4. 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.
5. 1 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: 12-)4-q 7 Atc
Faye A. S Defendan
S.S. No. 170 -WV -3/0?
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JOSEPH D. SARRA, JR.,
Plaintiff
V.
FAYE J. SARRA,
Defendant
. . .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 99-4527 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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. 1 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. Section 4904
relating to unsworn falsification to authorities.
Date: l 2 - 2! - '!
23733.1
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