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HomeMy WebLinkAbout99-06824 (2);- "> a J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOSEPH E. VECERO Jy Plaintiff N O. 99-684 i VERSUS ROSEMARY D. VECERO Defendant DECREE IN DIVORCE AND NOW, 2-Q-01--, IT IS ORDERED AND t DECREED THAT JOSEPH F' VECERO , PLAINTIFF, AND ROSEMARY D. VERCERO ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; ? j jr,,.e_ AND THAT THE MARRIAGE SETTLEMENT AGREEMENT OF JUNE . 6 2001 IS INCORPORATED BUT NOT MERGED HEREIN r v y n.? BY THE COURT: / - J A, ATTEST: J PROTHONOTARY 7/,,7 ? D/. C'w? LOl f ,.u?r,?if ?' f??? JOSITI-1 G. VECI RO. Plaintil,171'etitioner IN T] II-' COURT OP C01%IN-ION PLEAS CUNIBE.RLAND COUNTY. PENNSYLVANIA NO. 99-682-1 VS. ROSHIMAR1' D. VI CI:RO. Delcntlant/Respolident CWll.A(-] ION-LAW IN DIVORCI'. I'll A E-ClVE TO T.RANSNIIT RECORD TO THE PROTHONOTARY: TYansntit the record. together with the lolloning inlitnn;niun, to the Court for entry of a divorce decree: 1. Ground fix Divorce: irretrievable breakdown under Section -.X-3301(c) or 3301(d)(1) of the Divorce Code. 3. Dale and manner of service of the Complaint: November 13.19Oj Sec Acceptance of Service dated November 11.1999 and filed to die above-captioned term and number. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required b% Section 3301 (c) of the Divorce code: by Plaintiff: .tune 25. 2001 by Defendant: June 6. 2001 A? Date of f iling ol" I'lainliffs and Defendant's Waiver of Notice of InlenC by Plaintiff`. .[title 35. 1001 be Defendant: June 6, 2001 B.1 Date of execution of the Plaintifl-s Allidavit required under Section 3301(d) of the Divorce Cade: 13.2 Date ol'service al-Plaintiffs Affidavit upon Defendant: Date ol'seryice ol'Notice to Intention to linter: NICIIOLAs.5. oizrmxN,,1'.G Dated: JuncC..'_001 --- Bruce I). Parenuul. GltjuIe Altornev ID 21193 .1-109 North From Street I larrisbur'. PA 17110-1709 (717)2360391 Attontev for Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROSEMARY D. VECERO, Defendant NO. %?- ls???? CG<v? CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Domestic Relations Section, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE OR CANNOT AFFORD A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO SEEK LEGAL HELP: Cumberland County BAR Association 2 Liberty Avenue Carlisle, PA., 17013 (717) 249-3166 NICHOLAS & FOREMAN, P.C. 4409'Nortli Front Street Harrisburg, PA 17110 (717) 236.9391 Attorneys for Plaintiff Supreme Court I.D. #72657 JOSEPH E. VECERO, Plaintiff V. ROSEMARY D. VECERO, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo at partir de la fecha de la demands y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su personal. Sea avisado qua si usted no se defiende, la corte lomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importanles para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County BAR Association 2 Liberty Avenue Carlisle, PA., 17013 (717) 249-3166 NICHOLAS & FOREMAN, P.C. 5' Ly By JEFF X61 REMAN, ESQUIRE `409 t? Front Street Harrisburg, PA 17110 (717) 236-9391 Attorneys for Plaintiff Supreme Court I.D. 372657 JOSEPH E. VECERO, : THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROSEMARY D. VECERO, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, JOSEPH E. VECERO, by his attorneys, NICHOLAS & FOREMAN, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, ROSEMARY D. VECERO, upon the grounds hereinafter set forth: 1. Plaintiff is JOSEPH E. VECERO, an adult individual, sui 'Loris, presently residing at 206 Spring Lane, Enola, Cumberland County, Pennsylvania, 17025. His social security number is 184-36- 9196. 2. Defendant is ROSEMARY D. VECERO, an adult individual, sui lrris, presently residing at 11 Givler Avenue, Enola, Cumberland County, Pennsylvania, 17025. Her social security number is . ?2 o Y - V -? _ 7 :? S 3. No children have been born of this marriage. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on December 21, 1989, in Shiremanstown, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff and Defendant are both citizens of the United States of America. C 8. Neither the Plaintiff nor Defendant are members of the Armed Services of the United Slates. 9. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling but avers that he does not desire marriage counseling. 10. The Plaintiff avers that the grounds on which the actions are based are: (a) That the marriage is irretrievably broken; (b) That, at the appropriate time Plaintiff will file an affidavit indicating that the parties have been continually separated for a period in excess of two (2) years. 11. Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce. NICHOLAS & FOREMAN, P.C. JEFF FOREMAN, ESQUIRE 4 09 fVorth1Front Street Harnsb'lirg, PA 17110 (717) 236-9391 Attorneys for Plaintiff Supreme Court I.D. #72657 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. JO H E. V CERO DATED: JOSEPH E. VECERO, : THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9 9- G S2 v eta Te,,.. ROSEMARY D. VECERO, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF COUNSELING 1. 1 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. 2. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. Dated: SEPH E: VECERO X?f ?; ?? .. ?,= ?' ti.C i LC.? ,Cr c, ?? _.. ?.:. ?_ . ?\ ?? ?? ?? Q ? ? ? \\ ? `?` W JOSEPH E. VECERO : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 99-6824-1999 ROSEMARY D. VECERO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE 1, JEFF FOREMAN, ESQUIRE, certify that service of the Complaint in Divorce in the above-captioned matter was sent by US mail, return receipt requested and received and acknowledged on November 13, 1999. A true and correct copy of the receipt for certified mail and the domestic return receipt are attached to and made a part hereof. o ey do) Jano aull;le plod S SENDER: :Complete items 1 sncVor2 for addldorW serJio •Complete Items 3, xa, and 1o. • Print your name and ed@ess on the reverse of this form w stud we oul return this card to youfo.rm • Meech this to the front of the meIlDl6u, or on the back If SDau does wt ppBthat •wdte'ReNm Race/pt Requested' on the ma0??lace below the eNds number. The Return Receipt will Show to wham the erdcle was delivered and the dab delivered. 3. ANCIe Addressed to: 4a. ANole J QP.n1 lJ l? -7 '' li3L(ecJ U w 1 -7 0,:??S1 8. a X S PS Form December 1994 Dated: November 22, 1999 I also wish to receive the following services (for an extra fee): 1. ? Addressee's Address 2. ? Restricted Delivery Consult postmaster for fee. ? Registered ? Express Mall ? Return Receipt for Merchandise 9. Addtes e's Ad and fee Is paid) 1a159SD8-B-022p Dorr /S c E .-?teNned E] Insured b ? COD O 0 T F if requested $ 9 6 ff /P re' an, Esquire lf) - C: (v ? C.' / ?'• ) U? .J -.film JOSEPH L. VL'•CERO. Plainlil7%[let itioner VS. ROSEMARY D. VECERO. DclcndanUResporident IN T IE COURT OI' COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6824 CIVIL AC'T'ION-LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on 2 The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of f iling and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerning alimony, division of property. attorney's fees or expenses it 'l do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. §4904 relating to uosworn falsification to authorities. Date: SE Z? Joseoi E. Weero 77 .IOSCI'II E. VECERO. Plainti(17Petitioncr vs. ROSEMARY D. VECERO. Delcndant/Respondent IN Tlil- COURT OF C'O\CMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-GS3.4 CIVIL ACTION-LAW IN DIVORCI? WAIVER OF NOTICE OF INTENTION TO REQUEST EN'T'RY OF A DIVORCE DECREE. UNDER SECTION +301(c) OF THE DIVORCE- CODE I consent to the entry ofa final decree ofclivorce without notice. 3. 1 understand that I may lose rights concerning alimony, division of properm law'yer's Ices or expenses il'I tdo not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce 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 verifi that the statements made in this Al'Iidavit are true and correct. I understand that false statements herein are made subiect to the penalties ol'I S Pa. C.S. §4904 relating to tmsworo falsification to authorities. Date; .Inscph,L. VccCro JOSEPH E. VECERO. Plaimifl%Petitioner VS. ROSEMARY D. VECL•RO. Defendant/Respondent IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6824 CIVIL ACTION-LAN IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(e) of the Divorce Code was tiled on hi"ov it'.. r,*,, ,!,2 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. 1 understand that I may lose rights concerning alimony. division of property. attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of l8 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: S Rosemary D. Vcccro JOSEPH E. VECrRO. Plainti ff%Pctitioner IN "THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6824 VS. ROSEMARY D. VECERO, Defendant/Respondent 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 consent to the entry or a final decree of divorce without notice. 2 1 understand that I may lose rights concerning alimony, division of properly, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Decree in Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: Rosemary D. Veccro JOSEPH E. VECERO, Plaintiff VS. ROSEMARY D. VEC ERO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6824 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this _ z y day of 2001, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated June 6, 2001, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: P. Richard Wagner Attorney for Plaintiff Bruce D. Foreman Attorney for Defendant Geor e F f ei ?d r msaUnnesti0NI I MARRIAGE SETTLEMENT AGREEMENT ?c. Jc L• THIS AGREENIENT is made this v day of N-tay; 3001, by and between Joseph E. Vecero, hereinafter referred to as "I lusband", - AND - Rosemary D. Vecert>_, hereinafter referred to as WffNESSET I: WHEREAS. Ilusband and Wife were lawfully married on December 21, 1959; and WHEREAS. diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged clue to such marital difficulties; and WHEREAS, there are no minor children born of this marriage: and WHEREAS, the parties hereto are desirous of compromising and 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 ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inner alia past, present or future spousal support or maintenance, alimony pendente lire, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and difTerenccs existing between them; and WHEREAS, the parties intend this Agreement to be a fill and complete Marriage Settlement Agreement, providing f'or the absolute and final settlement of all their respective marital and property and all other claims. V ? NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I. 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. Each party shall be free from interference, authority or control 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2 EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", 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. Transfer of property, funds anal/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condonation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request Court ordered counseling. 2 U 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify and hold harmless the other from any and all claims, debts, obligations or demands made against him or her by reason of debts or obligations incurred by him or her or identified to be paid by him or her. The parties acknowledge that there is currently a mortgage on the marital home at 11 Givler Avenue, Enola, Cumberland County in which Wife resides, which mortgage is a joint obligation of the parties. Wife agrees that she will be solely responsible for the payment of the said mortgage debt and that she will promptly act to refinance the same and remove Husband's name from the same and release him from any obligation therefore, which action she will complete as soon as possible but in no event longer than fltirt7? Pb) days from the date hereof, and Wife will indemnify and hold harmless Husband from any claim, cost or fee in connection therewith. Further, Wife agrees to be responsible and indemnify and hold harmless Husband from any claim, cost or obligation arising from any matter related to the said marital home, including but not limited to real estate taxes, utilities, insurance, maintenance, home owner associations. assessments, mortgage or any other matter. 5. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, of claims in the nature of dower or curtesy, or widow's or widowers 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; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente /ire, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 3 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. "file parties hereto agree that they all property listed in Exhibit "A", attached hereto and made a part hereof shall be the sole property of Husband; Wife hereby releases all right, title and interest therein. The parties hereto agree that all property listed in Exhibit "B", attached hereto and made a part hereof shall be the sole property of Wife; Husband hereby releases all right, title and interest therein. Except as provided herein, Husband agrees that Wife shall, from and after the date hereof, be the sole and separate owner of all personal property in her possession. Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the property in Wife's possession. Except as provided herein, Wife agrees that Husband shall, from and after the date hereof, be the sole and separate owner of all personal property in Husband's possession. Wife hereby releases and relinquishes any right, title or interest that she may have had in the past or now has in the property in Husband's possession. 7. DIVISION OF REAL PROPERTY. The parties agree that they jointly own the marital home at 11 Givler Ave. Enola, Cumberland County, Pennsylvania in which property wife resides and which property wife is the sole custodian. Husband agrees that he will immediately execute a Quick Claim Deed transferring all right title and interest, which lie has in the said marital home solely to wife, which shall be held in escrow pending wife's refinancing the mortgage. In the event that the wife does not refinance the mortgage required hereunder, said deed will not be delivered but, upon timely proof of the refinance of the mortgage the deed will be deliver to wife's counsel for recording at her expense. The preparation of said deed shall be by wife and at wife's expense. Upon signing of this agreement wife shall deliver to husband a j prudent valid check in the amount of $6000 in consideration of transfer of the marital home. 8 PENSI?i - rlrr ,•:- l:GfuJ./o k.w?-) . 1 NS, RETIREMENT ACCOUNTS AND INSURANCE. The parties hereto waive any and all interest or claims, which either may have in any individual retirement accounts, existing pensions or similar accounts in the name of the other. 9. ADVICE OF COUNSEL.. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, P. Richard Wagner, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bruce D. Foreman, Esquire. Husband and Wife each covenants that he or she has made a fill financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. 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, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 4 11. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 12. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. 'rhe parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 13. 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. 'rhe failure of either party to insist upon the 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. 14. 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. 15. 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. 16. 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 agreement. 17. BREACH. 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, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisment as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of 5 either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 19. APPLICABLE LAW. This Agreement shall be construed under the laws or the Commonwealth of Pennsylvania. 20. 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. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and WIFE: Rosemary D. Veccro I HUSBAND: 7o. i E.Vecero year first above written. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF SS. ON THIS, the Lo+ {I clay of ?((I"LQ , 2001, before me, a Notary Public, the undersigned officer, personally appeared ROSEMARY D. VECERO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF O AN 0? ON THIS, the 2V? day of J.,,,.,e , 2001, before me, a Notary Public, the undersigned officer, personally appeared JOSEPH E. VECERO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL Steve C. Nicholas, Notary Public [My 0wnshlp of Su6Qaeh'c-a. County of Dauphin Commission Expires Sept. 25, 2003 EXIIII31T "A" SOLE PROPERTY OF IIUSBAND 1. The following items in possession of Wife, which she shall allow Husband to pick up on 24 hours notice: (a) -Painting-received from Husband's uncle prior to marriage. (b) Videocassette tapes made prior to marriage. (c) Hunting rifle and hunting equipment. (d) Fishing rods and equipment. (c) Car ramps. jacks. Fluids and related equipment. (1) Records in basement (g) Box of assorted greeting cards (h) Swim suits and beach towels selected by Husband (i) Sports-memorabilia, autographed and not-autographed. given-to-l-lusband-as presents from-Wife and herchildren. 2. All properties in Husbands possession .L F Zen J.C.V. ? R.D.V. 8 IF E\I111311" 13° SOLE PROPERTY OF WIFE. 1. All property in Wirc's possession except property in Exhibit -A" J.C.V. J R.D.V. _?.? STEVE C. NICHOLAS BRUCE D. FOREMAN JEFF FOREMAN YVONNE M. HUSIC JAMES L. WALSH May 11, 2001 E. Robert Flicker, II Divorce Mater 9 North Hanover Street Carlisle. PA 17013 LUC OFFICr.5 NICHOLAS & FOREMAN, P.C. 4409 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110-1709 In Re: Joseph Vecero v Rosemary 1). Vecero No. 99-6824 Dear Master Elicker. TELEPHONE (717) 236-9391 rAx (717) 236.6602 Please be advised that Yvonne I IUSiC has IClt Our law firm she is listed as the attorney in the above captioned matter. All future correspondence should be to me. Yvonnc has forwarded to me your April 23 letter concerning the case pending Attorney Wagner and 1, 1 believe, have conic to a Settlement in the case. l r not 1 do have discovery that needs to be done. I would ask that you give as a week to determine Whether or not we can conic to a Settlement, and irwe cannot, I will then ask for a short period for discovery. Very truly yours. Bruce D. Foreman EDFicab cc: P Richard Wagncr. Esq. STEVE C. NICHOLAS BRUCE 0. FOREMAN JEFF FOREMAN YVONNE M. HUSIC JAMES L. WALSH LA\v OFFICES NICHOLAS & FOREMAN, P.C. 4409 NORTH FRONT STREET HARRISBURG. PENNSYLVANIA 17110.1709 ,Ianuarv 22.3001 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle. PA 17013 In rc: Vecero v. Vecero No. 99-6824 Dear Mr. Elicker: TELEPHONE (717) 236.9391 FAX (717) 236-6602 Please be advised that Attorney .left' Foreman has transt'crred the above-referenced matter to me t'or handling. 'I'herelive. would you kindly note in your records that the Undersigned will be representing INir. Veceru at the Masters bearing. Thank you kindly. _J Very truly yours. 1 unne M. Ilusic YMI-1/mlr cc: 11. Richard Wagner, Esquire Joseph Vcccru JOSEPH E. VECERO, Plaintiff VS. ROSEMARY D. VECERO, Defendant TO: P. Richard Wagner Jeff Foreman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6821 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, January 3, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: .U (a) Outline information i_ed that is not :a at 1-. x '..:31 ^ complete Jr. order to prepareYthe case for trial and indicate whether there are any outstanding interrogatories or discovery motions. N (b) Provide approximate date when discovery will be comolete and indicate what action is being taken to complete discovery. DATE ?COUNSE FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT (- NOTE: PRETRIAL DIRECTIVES WILL NOT ©E ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY TIL T DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. LAW OI'[IC[I MANCKE, WAGNER. HERSHEY & TULLY 22JJ NORTH FRONT SHIEE[ JOAN D. MANCKE IIA RRI59UHG. nA I II1U P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY January 15, E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Vecero v. Vecero No: 99-6824 Dear Mr. Elicker: AREA CODE 717 2.14-7051 Enclosed herein please find the Certification regarding the above-captioned matter. Your attention is appreciated. S P PRW/dks Enclosure Wagner cc: Jeff Foreman, Esq. 1- r.- b) 1. .1 `l U V ?J J 3 J ?J 7 1'1 ?C E? W 3 W m 5 N z U w ` a " _ JOSEPH E. VECERO, IN THE COURT OP COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintill; V. ROSEMARY D. VECE-RO, Defendant. NO. 99-632-1 CI\'IL ACTION - LAZY IN DIVORCE ANSWER AND NOW, comes the Defendant, ROSEMARY D. VECERO, by and through her attorneys, Mancke. Wagner, Hershey & "fully, and files the following Answer to the Complaint in Divorce: I. Admitted. 2. Admitted. i. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 9. Admitted. 10(a). Admitted. 10(b). Admitted. 1 1. No answer is required. WHEREFORE, Defendant requests this Court to enter a Decree in Divorce. COUNT I EOUTTABLE DIS'T`RIBUTION 12. Paragraphs I through I I above are incorporated herein by reference and made a part hereof. 13. During the malTiage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1930. COUNT If ALINIONY PENDENTE LITE, COUNSEL. FEES, COSTS AND EXPENSES 14. Paragraphs 1 through I3 above are incorporated herein by reference and made a part hereof. 15. By reason ol'this action, Defendant will be put to considerable expense in the preparation ol'hcr case in the employment of counsel and the payment of costs. 16. The Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. 17. 'File Defendant's income is not suflicient to provide I'or her reasonable needs and pay her attorney's fees and the cost of this litigation. I S. The Plaintiff has adequate earnings to provide support for the Defendant and to pay her counsel fees, costs and expenses. COUNT III ALIMONY 19. Paragraphs 1 through IS above are incorporated herein by reference and made a part hereof. 20. Defendant lacks suflicient property to provide for her reasonable needs. 21. Defendant is unable to sul7iciently support herself (111-011911 appropriate enrPloyment. 22. Plaintiff has sufficient income and assets to provide continuing support for the Defenclant. WHEREFORE, Defenclant, ROSEMARY D. VECERO, prays this Honorable Court: A. Enter a Decree in Divorce; B. Compel the Plaintiff to pay alimony penclente lite to the Defendant; C. Compel the Plaintiff to pay alimony to the Defendant; D. Equitably distribute all property, both real and personal, owned by the parties; E. Compel the Plaintiff to pay the Defendant's counsel fees, costs and expenses and the costs and expenses of this action; and P. Grant such lurther relief as the Court may deem equitable and just. Respectl illy submitted, Mancke, Wagner, Hershey & Tully i ? By P. icl cl Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 171 10 (717) 234-7051 Attorneys for Defendant 1G0 Date: I verify that the statements made in the foregoing document 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. ??. !?? ,?ZCO DATE: r% i i' .l I JOSEPH E.VECERO Plaintiff VS. ROSEMARY D. VECERO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-6824 CIVIL 19 NO. IN DIVORCE STATUS SHFFT r 11T %I TTTRSc ALL JOSEPH E. VECERO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 6824 CIVIL ROSEMARY D. VECERO, Defendant IN DIVORCE TO: P. Richard Wagner Attorney for Plaintiff Jeff Foreman Attorney for Defendant DATE: Wednesday, January 3, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. L vIIFVU 1:< NICHOLAS & FOREMAN) P.li. TELEPHOIIE STEVE C. NICHOLAS 4409 NORTH FRONT STREET (717) 236.9391 BRUCE D. FOREMAN PAX JEFF FOREMAN HARRISBURG, PENNSYLVANIA 17110.1709 (717) 236.6602 DUANE S. BARRICK JAMES L. WALSH May 29, 2001 E. Robert Elicker, II Divorce Mater 8 North Hanover Street Carlisle, PA 17013 In Re: Joseph Vecero v Rosemary D. Vecero 99-6824 Civil in Divorce Dear Master Elicker: On behalf of the plaintiff, Joseph Veccro, I have been in discussions with Attorney P. Richard Wagner who represents the Defendant. I believe that we have come to a settlement and have agreed to jointly request a time extension for filing Pretrial Memorandums and no Pretrial Conference be scheduled at this point. We believe that within the next several weeks we will be able to complete the Agreement and paperwork documenting the same. Mr. Wagner indicates to me that he will be, independently, sending you a letter documenting the same. Very truly yours, I Bruc'C D.IToreman r BDF/cab cc: P Richard Wagner, Esq. Joseph Vacero oar 3 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter April 23, 2001 West Shore 697-0371 Ext. 6535 Yvonne M. Husic P. Richard Wagner, Esquire Attorney at Law MANCKE, WAGNER, HERSHEY & TULLY NICHOLAS & FOREMAN, P.C. 2233 North Front Street 4409 North Front Street Harrisburg, PA 17110 Harrisburg, PA 17110 RE: Joseph E. Vcccro vs. Rosemary D. Vcccro No. 99 - 6824 Civil In Divorce Dear Ms Husic and Mr. Wagner: I have received the certification document from Mr. Wagner dated January 16, 2001, indicating that discovery is complete. Attorney Husic has not responded. I am, therefore, going to proceed on the basis that there are no outstanding discovery matters and that we will not get involved in any discussion regarding discovery issues. I reserve the right to exclude testimony in the event that late discovery matters are raised at the pre-hearing conference. The complaint in divorce was filed on November 10, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An answer was filed with counts one, two, and three in the nature of a counterclaim raising economic issues of equitable distribution, alimony pendente lite, and counsel fees and expenses, and alimony. The answer with the three counts was filed on June 21, 2000. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Tuesday, May 29, 2001. Upon receipt of the pretrial -1 Ms. Flusic and Mr. Wagner, Attorneys at Law 23 April 2001 Eagg-2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, 11 Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JOSEPH E. VL'CERO, Plaintiff, V. ROSEMARY D. VECERO, Defendant. IN THE COURT OI' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 6824 Civil 1999 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTNIENT OF MASTER ROSEMARY D. VECERO, Defendant, moves the Court to appoint a Master with respect to the foflowing claims: Distribution of Property O Divorce O O Annulment Support Counsel Fees (q Alimony (X) Alimony Pendente Lite Costs and Expenses ( ) and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Plaintiffhas appeared in the action by his attorney, JEFF FOREMAN, ESQUIRE. (3) The statutory ground(s) for divorce (is) (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (5) The action (involves) (d=:ggtcW AMJ complex issues of law or fact. (6) The hearing is expected to take'/ (hmm) (days). (7) Additional information, if any, relevant to the tion: None. Date: 12/18_ /00 - for Defendant ORDER APPOINTING MASTER AND NOW, 2000, ?- 44`e" e,l ?GeG?u` Esquire, is - 1 tC.? L1 ZG , appointed master with respect to the following claims: BY THE GOUJT- 17 J. n-? -I- Z: - r / -r-? -??? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. ?? ?? IN DIVORCE ?? n ?? ??P('Prr? . Defendant NOTICE TO RESUME PRIOR STJMAAI:E Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marlcirtg "x"] prior to the entry of a Final Decree in Divorce, - or after the entry of a Final Decree in Divorce dated r // .1,2t7V)/ , hereby elects to resume the prior surname of ?6 h p- r- and gives this written notice avowing his / her intention pursu to the provisions f 54 P.S. 704. Date: Si_ ature Signature of ame emg resumed CON1110 MTALTH OF PEI\TISYLV_",NTIA ) COUNTY OF ( lc D„ .l ) On the _ZqL day of 200 6, before me, the Prothonotary or the notary public, personally appeared the above afn""ant Imown to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. l I rothonot;n or . Rotary Pt' tic FA SM HOTARM" )MBUMOCKIMCaFamm 1 1',r, C?:rrL^:??*?L c7.LIB: i 1?J•n?:i., a aC 1 ? ?ItfC{li C Otis c:f Y' C C0 't"L1 C41 S:h F:sS ! yfh1114Cr ;JYiit: N,11tldi• yfwt'a'. Y+?:',i«tli BfiC P q9- laea4 Ve-C-ero) Joseph E. vs Vecero All Filings before 19 JkAI,e otp Ro-'::?ernasy Have not been scanned! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs File No. IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, - or after the entry of a Final Decree in Divorce dated Iz/z/ hereby elects to resume the prior surname of }V' a r , and gives this written notice avowing his / her intention purs to the provisions f 54 P.S. 704. Date:,, 1 / S' ature A 'e Signature of fame emg resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CwuD??) On the day of 200 6, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. rothon or otary P is 10 191 pow ??O SAW "Nuaw ?, moo c7 ( ) 0?? YM A JOSEPH E. VECERO, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 99-6824 CIVIL ACTION -LAW ROSEMARY D. VECERO, IN DIVORCE Defendant. STIPULATION AND NOW, comes Bruce D. Foreman, Esquire, counsel for the Plaintiff, Joseph E. Vecero, and P. Richard Wagner, Esquire, counsel for the Defendant, Rosemary D. Vecero, do hereby stipulate, confirm and agree as follows: WHEREAS, the parties executed a Marriage Settlement Agreement on June 6, 2001; and WHEREAS, that pursuant to paragraph 8 of the Marriage Settlement Agreement, the parties would each waive any and all interest or claims in the other's individual retirement accounts, pensions, or similar accounts; and WHEREAS, the Pennsylvania State Education Association, specifically the Pennsylvania State Education Association Pension Plan, will not recognize that waiver. NOW, THEREFORE, in consideration of the aforementioned recitals and the hereinafter provisions, counsel and the parties do hereby stipulate, confirm and agree as follows: 1. The Marriage Settlement Agreement dated June 6, 2001, a copy of which is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A, provides that each party shall waive any and all interest or claim that either has in the individual retirement account of the other. 2. Pennsylvania State Education Association pension Plan will not recognize the provisions of the Marriage Settlement Agreement. 3. Husband agrees that in keeping with the Agreement, upon receipt of any payments on account of Rosemary D. Vecero from the Pennsylvania State Education Association Pension Plan or its subsidiaries or its successors in interest, all such payments received shall immediately be paid by Husband, Joseph E. Vecero, to his former Wife, Rosemary Vecero Walker, less any tax liability on account thereof. 4. Any payments received by Husband, Joseph E. Vecero, after the demise of Rosemary Vecero Walker, and that on account of her, shall be paid to the estate or designated heir/heirs of Rosemary Vecero Walker, less any tax liability on account thereof. 5. Each party has had the advice of legal counsel, and each party, along with their counsel, executes this Stipulation in order to give effect to the provisions of the Marriage Settlement Agreement. 6. Each pa rees that this Stipulation shall be entered as a Court Order. B c D. ForemaA, squire ; . Rich agner, Esquire Jose0fi E. V cero R emary D. Vec Walker fl?7 W G„„. 'J tit i? 7' X96 2 4 JOSEPH E. VECERO, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99-6824 ROSEMARY D. VECERO, : CIVIL ACTION-LAW Defendant, : IN DIVORCE RDER AND NOW, this day of upon the attached Stipulation, it is hereby ORDERED and DECREED that the Plainti , Joseph E. Vecero, shall, upon receipt of any funds on account of Rosemary D. Vecero from the Pennsylvania State Education Association Pension Plan, be immediately paid by Plaintiff unto the Defendant. This Order is the result of the attached Stipulation and is in compliance with the Marriage Settlement Agreement executed by and between the parties on June 6, 2001, a copy of which Agreement is attached hereto, incorporated herein by reference, made a part hereof, and marked as Exhibit A. 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