HomeMy WebLinkAbout99-05351
;;;
';;c
F
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
S,
STATE OF PENNA.
y rya p
ROBERT J. DAGROSA
No. 99-5351 Civil Term
-Plaintiff
VERSUS
LAURIE DAGROSA
Defendant
DECREE IN
DIVORCE
AND NOW, i J1GZ? 16 , IT IS ORDERED AND
DECREED THAT ROBERT L DAGROSA , PLAINTIFF,
AND LAURIE DAGROSA '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;
PROTHONOTARY
LAW FIIIM nF --
SUSAN KAY CANDIELLO, P.C.
5021 E.ASr TluuPH RoAU, SUM IN, MECHANICSBURG, PA 17050
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT is entered into this 2 day o 1 Ce- vV "003, by and
between ROBERT J. DAGROSA and LAURIE DAGROSA.
RECITALS
Wife's Birthday and Social Security Number: September 13, 1964 080-64-3413
Husband's Birthday and Social Security Number: July 6, 1965 080-62-4442
Date of Marriage:
Place of Marriage:
September 14, 1991
Callicoon, NewYork
Last Marital Residence: 3605 Kohler Place, #8, Camp Hill, Cumberland County, PA 17011
Date of Separation: S 199PJ
Children: None
Pending Court Proceedings: None
Divorce Court of Common Pleas No. 99-5351 Civil Term
of Cumberland County, Pennsylvania
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband to live separate and apart for the rest of
their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation:
the ownership and equitable distribution of marital property; the past, present and future support,
and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims
by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
PERSONAL RIGHTS
Wife and Husband may and shall, at all times hereafter, live separate and apart. They
shall be free from any contact, restraint, interference or authority, 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 molest, harass, disturb or
malign each other or the respective families of each other at all times and at all locations,
including but not limited to each party's place of work, nor compel or attempt to compel the
other to cohabit or dwell by any means whatsoever with him or her.
WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement
(a) Each party hereby absolutely and unconditionally releases and forever discharges the
other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
(b) Each party hereby absolutely and unconditionally releases and forever discharges the
other and his or her heirs, executors, administrators, assigns, property and estate from any and all
rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the
parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, 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. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
(c) Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
FINANCIAL DISCLOSURE
The parties have disclosed to each other and they are each aware of the extent of each
other's income, assets, liabilities, holdings and estate.
AGREEMENT TO BE INCORPORATED
BUT NOT MERGED INTO DIVORCE DECREE
In the event that either of the parties shall recover a final judgment or decree of absolute
divorce against the other in a court of competent jurisdiction, the provisions of this Agreement
may be incorporated by reference or in substance but shall not be deemed merged into such
judgment or decree. This agreement shall survive any such final judgment or decree of absolute
divorce, shall be entirely independent thereof, and the parties intend that all obligations
contained herein shall retain their contractual nature in any enforcement proceedings, whether
enforcement is sought in an action on the contract itself or in any enforcement action filed to the
divorce caption.
EFFECT OF DIVORCE DECREE ON AGREEMENT
Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce
Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding
equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be
subject to modification by the court.
Concurrently with the execution of this Agreement, the parties shall sign Affidavits of
Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Husband
shall be responsible for filing these documents and finalizing the divorce.
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.
ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the
parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been
LQ advised by Frances S,Clemente, Esq., Callicoon, New York
The parties
acknowledge that each has been advised of their right to obtain independent legal advice from
counsel of their selection and that they have been fully informed as to their legal rights and
obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980,
as amended, and other applicable laws. Each party confirms that he or she fully understands the
terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate
and reasonable under the existing circumstances.
VOLUNTARY EXECUTION
Each party understands the terms and conditions of this Agreement and acknowledges
that the Agreement is fair and equitable. The parties have reached this Agreement freely and
voluntarily, without any duress, undue influence, collusion or improper or illegal agreements.
WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and
signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a
waiver of any subsequent default of the same or similar nature. Notwithstanding this provision,
under applicable Pennsylvania law, the parties understand that any provision of this Agreement
relating to child support or to custody shall be subject to modification by the Court upon a
showing of changed circumstances.
LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
AGREEMENT BINDING ON HEIRS
Except as may otherwise be provided, this Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executors, administrators, successors
and assigns.
INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any
and all prior agreements and negotiations between them. There are no representations or
warranties other than those expressly set forth herein.
ADDITIONAL INSTRUMENTS
Wife and Husband covenant and agree that they will forthwith within a reasonable time,
but not longer than thirty (30) days after demand is made by the other party, execute any and all
written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as
may be necessary or desirable for the proper effectuation of this Agreement.
NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under
and pursuant to the terms of this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall in no way affect the right of such
party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be
construed as a waiver of any subsequent default of the same or similar nature, nor shall the
waiver of any breach of any provision hereof be construed as a waiver of strict performance of
any other obligations herein.
SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
The parties agree that each separate obligation contained in this Agreement shall be
deemed to be a separate and independent covenant and agreement. 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. Likewise, the failure of any party to meet her or his obligations under any
one or more of the paragraphs herein, with the exception of the satisfaction of any conditions
precedent, shall in no way avoid or alter the remaining obligations of the parties.
MANNER OF GIVING NOTICE
Any notice required by this Agreement to be sent to Wife shall be sent by certified mail,
return receipt requested, to Laurie Dagrosa, at 22 Gregory Street, P.O. Box 334, Callicoon, New
York, 12723, or such other address as Wife from time to time may designate in writing.
Any notice required by this Agreement to be sent to Husband shall be sent by certified
mail, return receipt requested, to Robert J. Dagrosa, at 3605 Kohler Place, #8, Camp Hill,
Pennsylvania, 17011, or such other address as Husband from time to time may designate in
writing.
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.
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 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 state or federal law) to any property remaining in the debtor as a defense to any
claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns,
transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property
sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys'
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 any obligation hereunder is discharged or dischargeable.
EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit
as husband and wife, or attempt a reconciliation. This Agreement shall continue in full force and
effect and there shall be no modification or waiver of any of the terms hereof unless the parties,
in writing, signed by both parties, execute a statement declaring this Agreement or any term of
this Agreement to be null and void.
EXISTING AND FUTURE PERSONAL OBLIGATIONS
Further, Wife and Husband each covenant, warrant, represent and agree that neither has
heretofore contracted for any debt, liability or obligation for which the other or the estate of the
other may be responsible or liable except as specifically disclosed and provided for by the terms
of this Agreement. The parties further covenant, warrant, represent and agree that each will now
and at all times hereafter save harmless and indemnify the other and the estate of the other from
all debts, charges and liabilities incurred after the execution date hereof, except as may be
otherwise specifically provided herein, as well as from all debts, liabilities or obligations of
every kind which have been incurred heretofore by either party, including those for necessities,
except for obligations arising out of this Agreement.
ENFORCEMENT
The parties intend that this Agreement shall be subject to enforcement under the
Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein
that may be construed to the contrary, this Agreement is not subject to modification except under
such terms as the parties have specifically provided for in this Agreement.
ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS
The parties hereby agree that all of the support and alimony provisions contained in this
Agreement (including both direct and indirect contributions to support and alimony, such as
health care payments and the maintenance of health and/or life insurance) may be enforceable by
an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 ersey.
REMEDIES AND SANCTIONS
In addition to such other remedies and sanctions available under applicable law, the
parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as
amended, to enforce any term of this Agreement as though it had been an order of the Court.
ATTORNEY'S 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 parties hereby agree that the
breaching party will pay all attorney's fees incurred by the other party in enforcing the
Agreement, provided that the enforcing party is successful in establishing that a breach has
occurred.
EQUITABLE DISTRIB_ U'1_ SON
I• PERSONAL PROPERTY
Husband and Wife do hereby acknowledge that they have previously divided their
tangible personal property including, but without limitation, jewelry, clothes, furniture,
furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and
other personal property. Wife agrees that all of the property presently in the possession of
Husband shall be the sole and separate property of Husband; and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife. The parties
do hereby specifically waive, release, renounce and forever abandon any claims, which either
may have with respect to the above items, which shall hereafter be the sole and exclusive
property of the other.
2• MOTOR VEHICLES
With respect to the motor vehicles owned by one or both of the parties, the parties have
sold all marital vehicles and purchased new vehicles titled in their individual names only.
Husband and Wife agree they each waive all right, title and interest they might have in any
vehicles owned by the other.
The parties agree to execute any documents necessary to effectuate the provisions of this
Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as
7
necessary to make any conveyances on a tax-free basis if possible. The said documents shall be
delivered to the party entitled to receive same pursuant hereto on execution date.
In the event that any documents of title to the said vehicles shall be in the hands of a bank
or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that
such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will
advise the bank and/or lienholder as to the transfer of title and they further agree to execute
whatever documents may be required to transfer title where the parties' documents of title are in
the hands of such bank and/or lienholder.
3. BANK ACCOUNTS
The parties have closed all joint bank accounts and divided equally (50/50) any marital
funds remaining in these accounts. The parties agree that they will execute any documents
necessary to effectuate the provisions of this Paragraph on execution date.
4. RETIREMENT INTEREST
Wife hereby agrees to specifically release and waive any and all interest, claim or right
she may have in Husband's retirement, pension, IRA or 401k.
Husband hereby agrees to specifically release and waive any and all interest, claim or
right he may have in Wife's retirement, pension, IRA or 401k.
5. JOINT DEBTS AND LIABILITIES
The joint credit accounts existing during the marriage have been assumed by either
Husband or Wife as follows:
I) Husband has removed Wife's name from his premarital credit accounts
and assumes full responsibility for these credit accounts;
2) Husband has removed Wife's name from his Mobile credit account and
assumes full responsibility for this credit account;
3) Wife has removed Husband's name from the Visa/Wachovia credit
account and has assumed full responsibility for this credit account.
Each party warrants to the other that he/she does not have any credit cards in joint names.
Any obligations incurred by either party in his or her individual name, whether incurred before
or after the parties' separation, and including credit cards, are the sole responsibility of the party
in whose name the debt or obligation was incurred.
6. SEPARATE ASSETS
A. Release: The parties hereby agree that as to each of their separate assets, as that term
is defined herein, the party not having title to or possession of any particular separate asset
hereby waives, releases, relinquishes and forever abandons any and all claim therein, and
acknowledges that hereafter the party having title to or possession of a separate asset is the sole
and exclusive owner thereof
B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall
be effective only as to those assets disclosed to the other party, although such assets need not be
specifically named or disposed of in this Agreement. Neither party intends by the execution
hereof to release any claim, which he or she may have in assets, which have not been disclosed.
C. Definition: The term "separate asset" is defined for purposes of this Agreement as
designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which
is presently titled either in the sole name ofa party hereto or jointly with one of the parties hereto
and a third party or panics. The term also includes any untitled asset, which is presently in the
sole possession of one of the pail ics hereto. The term shall further include any business interests
owned by either party, whether individually or together with a third party or parties.
D. /ndemniflcation as to Expenses: Each of the parties hereby guarantees to indemnify
and hold the other harmless from any liability, cost or expense, including attorneys' fees and
interest, which either may be in the future or has been previously incurred with respect to the
parties' separate assets as defined herein.
7. AF FER-ACQUIRED PROPERTY
Each of the panics shall hereafter own and enjoy, independently of any claim or right of
the other, all items of property, be they real, personal or mixed, tangible or intangible, which are
acquired by him or her after execution of this Agreement, with full power in him or her to
dispose of the same as fully and effectively, in all respects and for all purposes, as though he or
she were unmarried.
8. LIFE INSURANCE
Neither party has any life insurance with any cash value.
9. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE,
AND ACKNOWLEDGMENT OF ADEQUACY
The parties herein acknowledge that by this Agreement they have each respectively
secured sufficient financial resources to provide for his or her own comfort, maintenance and
support. The parties do hereby acknowledge that inflation may increase or decrease, that their
respective incomes and assets may substantially increase in value, that either may be employed
at various times in the future, and that notwithstanding these or other economic circumstances,
which may be changes in circumstances of a substantial and continuing nature, the terms of this
Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the
parties hereby expressly waive, discharge and release any and all rights and claims which they
may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite,
support or maintenance, and they further release any rights they may have to seek modification
of the terms of this Agreement in a court of law or equity, it being understood that the foregoing
constitutes a final determination for all time of either party's obligation to contribute to the
support and maintenance of the other. It shall be, from the execution date of this Agreement, the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
L-2 11.
,
45?
L?
10. INCOME TAX RETURNS
Husband and Wife have filed joint income tax returns while married. If the parties are
entitled to a refund and/or incur any liability as a result of joint income tax returns filed during
the parties' marriage, the refund and/or the liability shall be equally divided between them. The
cost of preparing and handling any prior income tax return from the parties' married years shall
be shared equally between them. Husband and Wife agree to promptly make available to each
other all records and information necessary or helpful for the preparation of any tax returns, any
claim for refunds, and defense of any tax audit. The parties shall file separate returns
for 2003 and be responsible for their own costs.
COUNSEL FEES AND EXPENSES
The parties agree each shall be fully responsible for their own individual counsel fees and
expenses incurred in obtaining this divorce.
12. Upon the parties' divorce, the wife shall have the right to resume use of
maider? t tRe"patrtres nacdcarae ttny read and tuliy consIucrcu MIS Agreement and an of the
statements, terms, conditions and provisions thereof prior to signing below.
IN WITNESS WHEREOF, intending to be legally
t 3heir hands and seals t?e day and year first written above.
V
R ER A ROSA,
HUSBAND
her
10
bound hereby, the parties hereto
r
ar. Ol
c
f
Lt Cy
G
4- O U
'I
LAW FIRM OF
SUSAN KAY CANDIELLO, P.C.
5021 EASrTRINIU K(WI,5PUr IAMOICuANICSBURO,PA 17050
ROBERT L DAGROSA,
PLAINTIFF
Vs.
LAURIE DAGROSA,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-5351 CIVIL TERM
: CIVIL ACTION -LAW
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please 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 Complaint: The Defendant, Laurie Dagrosa, signed
the Acceptance of Service on September 22, 1999. Said Acceptance of Service was
filed with the Cumberland County Prothonotary on October 17, 2003.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code by:
Plaintiff: December 2, 2003
Defendant: November 25, 2003
(a) Related claims pending: None
(b) Claims withdrawn: None
(c) Claims settled by agreement of the parties: All claims
(d) Please see the Marital Property Settlement Agreement which is being filed
simultaneously with this Praecipe to Transmit Record and is to be incorporated but
not merged into the Divorce Decree.
4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree
Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was
executed on December 2, 2003 by the Plaintiff and on November 25, 2003 by the
Defendant, and that these documents are being filed simultaneously with this Praecipe
to Transmit Record. I further certify that all other documents required by Rule
1920.42 are enclosed herewith.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: December 2003
Counselfb Plainti
PA 1. D. # 6 98
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
m °`
c r
ILI 6? 7
<<.:
LL. O Cl)
U
fTl; ,,
C7% -D
W
F
0 u
f7 W 0r
N 66
R ?
H
W
°
a
v
? v
M 4?
U
O
"r
A
W
pz
HzW
Fti
0
U
a 5
W H
F =
LL
Q ~ u(
N V
U O
LL
O
J
cr
IW ?
F ?
0
ROBERT J. DAGROSA,
Plaintiff
Vs.
LAURIE DAGROSA,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
N04 935/CIVIL
CIVIL ACTION - LAW
: ACTION FOR 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 Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, Pennsylvania, 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
ROBERT J. DAGROSA,
Plaintiff
Vs.
LAURIE DAGROSA,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO.`19 t? C' IVIL
CIVIL ACTION - LAW
ACTION FOR DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302(d) of the Pennsylvania 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.
If you desire to pursue counseling, you must make your request
for counseling within twenty (20) days of the date on which you
receive this notice. Failure to do so will constitute a waiver of
your right to request counseling.
ROBERT J. DAGROSA,
Plaintiff
Vs.
LAURIE DAGROSA,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
N0.99'S???IVIL
CIVIL ACTION - LAMP
ACTION FOR DIVORCE
COMPLAINT FOR NO-FAULT DIVORCE
UNDER 3301(c) OF THE DIVORCE CODE
1. The Plaintiff is ROBERT J. DAGROSA, who currently resides
at 3605 Kohler Place, #8, Camp Hill, Cumberland County,
Pennsylvania, 17011, and has resided in Cumberland County for over
six (6) months.
2. The Defendant is LAURIE DAGROSA, who currently resides at
3 Falcon Court, Mechanicsburg, Cumberland County, Pennsylvania,
17055, and has resided in Cumberland County for over six (6)
months.
3. The 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 are husband and wife and were
lawfully married on September 14, 1991 in Callicoon, New York.
5. No children were born of this marriage.
6. Neither Plaintiff nor Defendant were ever a member of the
military service, therefore no military benefits are in existence.
7. There have been no prior actions of divorce or for
1 annulment between the parties except this complaint filed for
divorce.
8. Plaintiff and Defendant have been advised of the
availability of counseling, and of the right to request that the
Court require the parties to participate in counseling.
9. The marriage is irretrievably broken.
10. After ninety (90) days have elapsed from the date of
filing of this complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an Affidavit.
WHEREFORE, Plaintiff respectively requests if both parties
file affidavits consenting to a divorce after ninety (90) days have
elapsed from the date of filing of this complaint, this Honorable
Court enter a decree of divorce pursuant to Section 3301(c) of the
Divorce Code.
Respectfully Submitted,
GATES & ASSOCIATES, P.C.
DATED: August 31, 1999
Susan Kay Ca di llo, Esquire
Sup. Ct. Id. o. 64998
Attorney for Plaintiff
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
Telephone No. (717) 731-9600
Facsimile No. (717) -731-9627
VERIFICATION
The undersigned hereby verifies that the facts averred in the
foregoing Complaint for Divorce are true and correct to the best of
her knowledge, information, and belief.
This verification is made subject to the penalties of 18 Pa.
C.S.A. 54904 relating to unsworn falsification to authorities.
zkA
ROBERT DA A
DATED: August 3D , 1999
#5
LAIN ••..^.,
REINSTATE
OTHONO' *A
-'- LA\t' I'I I(M OF
SUSAN KAf CAN IELLO, P.C. _
i vl f \,F -('kNl i i K. "i., ?1 III I0.,. A1u,i l:?siaiu k,.. PA 11050
ROBERT J.DAGROSA,
PLAINTIFF
VS.
LAURIE DAGROSA,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-5351 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
or about August 31, 1999 and reopened to enable the parties to finalize the divorce per an Order
of Court dated September 19, 2003.
2. The marriage between the 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 in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements 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.
_
1 1,12,10 L "_
DATE RO TJ DA OSA
a
CIO
f'
Cl-
o L,
LAW FIRM of
SUSAN KAY CANDIELLO, P.C.
5021 FAST Tim[ 'I I ROB D, SURF 100, MECHANICSBURG, PA 17050
ROBERT J. DAGROSA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS.
LAURIE DAGROSA,
DEFENDANT
: NO. 99-5351 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
or about August 31, 1999 and reopened to enable the parties to finalize the divorce per an Order
of Court dated September 19, 2003.
2. The marriage between the 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 in Divorce, after the service of notice of
intention to request entry of the decree.
4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution
of marital property, counsel fees or expenses has not been filed with the Court before the entry of
a final Decree in Divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage counseling, and understand that I
may request that the Court require that my spouse and I participate in counseling. I further
understand that the Court maintains a list of marriage counselors in the Prothonotary's Office,
which list is available to me upon request. Being so advised, I do not request that the Court
require that my spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the Statements 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
unswom falsification to authorities.
p 25 03
DATE 4AWA? OSA
c
ON
a'r7
•,r-
t.l?..
C; u
L.:
L r
_. 2
?J
c U
I.AW FIRM OF
SUSAN KAY CANDIELLO, P.C.
5021 FAS I Tit moi i_ R1'A[I, Snln 100, MI( J IAN ICCIV!RU. PA 17050
W SYYI -'
ROBERT J. DAGROSA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. : NO. 99-5351 CIVIL TERM
LAURIE DAGROSA, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST EN
DIVORCE DECREE UNDER CTI )N 330I(cl OF DIVOR
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. Section 4904 relating to
unsworn falsification to authorities.
DATE `1?7 I by---_ ' AO IO?A??
WJ GROSA
y
c
)J
cri
(_-_ LI
C CL.
: C.
M j
C C]
LAW FIRM OF
SUSAN KAY CANDIELLO, RC.
5021 EAST TRINDI L ROAD, SUIT[ 100, NIVCHANICSBURU, PA 17050
ROBERT J. DAGROSA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
vs• : NO. 99-5351 CIVIL TERM
LAURIE DAGROSA, : CIVIL ACTION -LAW
DEFENDANT : ACTION FOR DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST EN
DIVORCE DECREE NDER cECTION 3301tc1 OF DWOR
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. Section 4904 relating to
unsworn falsification to authorities.
u y9 e,
DATE 4&DaAGR A
° C
Ul
i
I Go
7
?
.
C - 2
j
O U
LAW FIRM OF
SUSAN KAY CANDIELLO, P.C.
5021 EA>T TRINOIL Rana, SUM 100, MWHANKSPURO. PA 17050
ROBERT J. DAGROSA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS. NO. 99-5351 CIVIL TERM
LAURIE DAGROSA, : CIVIL ACTION - LAW
DEFENDANT ACTION FOR DIVORCE
ACCEPTANCE OF SERVICE
TO THE PROTHONOTARY:
I hereby accept service of the Petition to Reopen Purged Divorce Complaint and the
September 19, 2003 Order of Court, in the above matter.
Respectfully submitted,
Dated: 2003 .
DA RO
De ndant
rl?
_ J
?
'
? 1cJ
_
'i
.:_
''1-
?..
!J
LAW FIRM OF
SUSAN KAY CANDIELLO, P.C.
5021 EAST TRINUtk RuAU, SUITE I41, MECHANICSBURG, PA 17050
ROBERT J. DAGROSA, : IN THE COURT OF CONNON PLEAS
Plaintiff : OF CUMBERLAND COUNTY,
: PENNSYLVANIA
VS' NO. 99-5351 CIVIL
LAURIE DAGROSA, CIVIL ACTION LAW
Defendant ACTION FOR DIVORCE
ACCEPTANCE OF SERVICE
I, LAURIE DAGROSA, the Defendant in the above-referenced
Action for Divorce, accept service of the Complaint for No-Fault
Divorce Under 3301(c) of the Divorce Code.
DATED: September 22- 1999
r+?
(?
1
?;q
?. !_' u.
C.
o. m7
... ?J
LAW FIRM OF
SUSAN KAY CANDIELL09 P.C.
5011 EAFf TNINUI.L ROAD, NI 911 I(V AIRMANIl:J1111NU, PA 17050
ROBERT J. DAGROSA,
PLAINTIFF
: IN THE. COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
V9.
LAURIE DAGROSA,
DEFENDANT
NO. 99-5351 CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR DIVORCE
PRAECIPE TO REINSTATE DIVORCE COMPLAINT
To the Prothonotary:
Plaintiff, ROBERT J. DAGROSA, respectfully requests to have the divorce
complaint in the above identified divorce action reinstated.
The parties to this divorce action required some time to consider whether they really did
want a divorce. The parties are now certain they want to proceed with a divorce.
Respectfully submitted,
s
Dated: U p?(U
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Counsel for ainh
PA I.D. # 649 8
5021 East Trin Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
? ? ?
?= .:
???_
?,, -
?;
;_ - _
_ ,
ri._ '? J
`. ; t
m; ;??u
'
i.i '7
U
oti
la h ~ Z a
Z
`
1 N
ti N 0
O
y h u OO 8
h
la
?
?
J I
?
? ? O H
h < QQZ
< c
? o.
1 lT h h U
V Q RS ? C r 4 3
ti ? ? fn °
.
n
0
LVVJ
ROBERT J.DAGROSA,
PLAINTIFF
Vs.
LAURIE DAGROSA,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
NO. 99-5351 CIVIL TERM
CIVIL ACTION -LAW
ACTION FOR DIVORCE
ORDER OF COURT
AND NOW, this L 0 day of 2003, upon consideration of the
attached Petition to Reopen Purged Divorce Complaint, IT IS HEREBY ORDERED and
DECREED the ROBERT J. DAGROSA vs. LAURIE DAGROSA complaint for divorce,
docketed at No. 99-5351, shall be reopened to enable the parties to finalize their divorce.
BY THE COURT,
??? -. ..
O
Q-
? V
w?
??
ROBERT L DAGROSA,
PLAINTIFF
VS.
LAURIE DAGROSA,
DEFENDANT
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: NO. 99-5351 CIVIL TERM
: CIVIL ACTION -LAW
: ACTION FOR DIVORCE
PETITION TO REOPEN PURGED DIVORCE COMPLAINT
AND NOW, comes the Plaintiff, ROBERT J. DAGROSA, by and through his counsel,
Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and files this
Petition to Reopen Purged Divorce Complaint, of which the following is a statement:
The Plaintiff is ROBERT J. DAGROSA who currently resides at 3605 Kohler
Place, #8, Camp Hill, Cumberland County, Pennsylvania, 17011.
2. The Defendant is LAURIE DAGROSA, who currently resides at P.Q. Box 334,
Callicoon, New York, 12723.
3. The parties have resided apart for over two (2) years.
4. All marital property has been divided between the parties to their mutual
agreement.
5. All marital debt has been paid in full.
6. The Plaintiff filed for divorce on or about August 31, 1999, but did not proceed to
finalize the divorce.
The parties' divorce was purged from the Cumberland County docket on or about
January 13, 2003.
8. The parties are now seeking to have their divorce reopened to enable them to
finalize their divorce.
WHEREFORE, Plaintiff, ROBERT J. DAGROSA, respectfully requests to have the
divorce complaint in the above identified divorce action reopened.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.C.
Dated: September jg?
,2003
Susan Kay Cand'
Counsel jor Pla ntf
PA I.D. # 6499
5021 East Trindle Road
Suite 100
Mechanicsburg PA 17050
(717) 796-1930
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of his knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
DATED:. jJ) -7-) 0 3
ROBOT J. DIkGROSA
?, ,
?:
?:
:?
:`'
?i
?J