The URL can be used to link to this page

Home My WebLink About01-6112 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 233 I Market Street CarnpHiIl,PA I70II Telephone: (717) 763-1383 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff JOSEPH M. BORZILLERI, Defendant : NO. 01- f- /I )..., : CIVIL ACTION - LAW : IN DIVORCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA (lioi( '-r~ v. NOTICE TO DEFEND AND CI,AIM 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 10 I, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717)763-1383 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff JOSEPH M. BORZILLERI, Defendant : NO. 0/- l.:.1J~ : CIVIL ACTION - LAW : IN DIVORCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA G'o~L ~ v. A VISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de Ias quejas expuestas en las paginas siguientes, debar tamar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitado en su contra par Ia Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja 0 compensaction recIamados por el demandante. Usted puede perder dinero, 0 sus propiedades 0 otros derechos importantes para usted. Cuando Ia base para el divorcio es indignadades 0 rompimiento irreparable del matrimonio, usted puede soIicitar consejo matrimonial. Una lista de consejeros matrimoniaIes est\ disponibIe en Ia oficina del Prothonotary, en Ia Cumberland County Court ofConunon Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEV AR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDO PAGAR UN ABOGADO, V AYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA A VERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff JOSEPH M. BORZILLERI, Defendant : NO. 01 - (". II ~ : CIVIL ACTION - LAW : IN DIVORCE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA CZu'( ~~ v. COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Cindy L. Borzilleri, an adult individual who resides at 2 Appomattox Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Joseph M. Borzilleri, an adult individual who resides at 2 Appomattox Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on November 27, 1976 in Altoona, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiersr & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two (2) children of the parties under the age of eighteen (18) namely: Lauren L. Borzilleri Elysabethe C. Borzilleri Date of Birth: 3/27/84 Date of Birth: 1/18/90 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 2 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) or (d) ofthe Divorce Code. COUNT I EQUITABLE DISTRmUTION 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during the marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. 3 COlJNT II - AUMONY, AUMONY PENDENTE UTE, ATTORNEY'S FEES AND COSTS 16. Paragraphs one (1) through fifteen (15) of this Complaint are incorporated herein by reference. 17. Plaintifflacks sufficient property to provide for her reasonable needs. 18.. Plaintiff is unable to sufficiently support herself through appropriate employment. 19. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 20. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 21. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency ofthis action. 22. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 4 23. Defendant has adequate earnings to provide for the Plaintiff's support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Court to enter an award of alimony, alimony pendente lite, attorney's fees, costs and expenses. Respectfully Submitted, REAGER & ADLER, PC DE A orney LD. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 CANTOR, ESQUIRE 78 Date: /() -<<S- 01 By: Attorneys for Plaintiff 5 VERIFICATION I, Cindy L. Borzilleri, hereby verifY and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. 94904 relating to unsworn verification to authorities. DATE: /0 - I)? -0 I GAV~ ;:I~2Pen~ Cindy L. B I leri (::) 9.J "- ~ 11 "' ~ ~~ ~ lrt."i :::::: 8 && g~ 't? , 0 ~G... :? f- ~t l' "- J:r ~ 8 ff VJ l"l (' (") C) C) c: -II ;;;: a "'UCJ ,C-) -~} fTlrTi ...... Q ~~:r) N f"l'l Zf." ';;C,I (j) '!; u--: ::~~) -<4"- 1::0 < ".. ---,:"... ''',-, ~o =t: ~,=:2 c.') >8 - :;l"'rl .. ';! ~ U1 :0 -< I:!" ',,--' &8&L-&9L (LLL) ZV9V-L LOLL \td 'lllH dlN\t:) 133H1S 13)1H\t1N L&&Z M\tll\t SA3NHOll\t ':)d 'H310\t 'l1 H3D\t3H tr. ~ ":;) p.)~ ""Z () ~:::r: ("",::j "'7>- :5~~ UH5J U}(L ~,,::; ::J <.) .,'.:i. I,......, N l- e.....; C CJ . .. REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, P A 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CINDY L BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant : NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the above-captioned Divorce Complaint. Respectfully Submitted, REAGER & ADLER, PC Date: ?-IUf oJ- /~ . , By,,' 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff (") 0 0 c: N .-1'1 S -., -00:: rrl ~rn <:0 .~, ::1:' ZI;: I i') (J) .;"' '-' c; -< ~2' r:C':' <:c> 0< ~ ;1.::;"" )>c =.z: ';:~}~q ZcS >c:: c5f'1l ~ -:,., :r;! :n .j:"'" -< I ~ C/J;:S ~~ ~~ z~ o~ ~ . o~ u~ [5u ~~ ~~ ~u \ ~.~ ~] ~~ o t:Q ...i ~ ...... u -/ ~ Z NO~ G5~ '<(0 O....li::: o~o zu~ Pi.. ~~ ~~ 00 t:Q ::;E ;> s: ~ C/J o ~ w o s: II: W Ul II. o t: :( Q Ii: II. <C <( Z <( ~ >- en z z W D.. lL o j!: ...J <( w 3: z o ::E ::E o U o z <( ...J II: W lXl ::E ::::l U lL o ~ Z ::::l o U C> c: 'Ql .0 '" c: :l2 c: '" ...., ~ Ql m 3: "C ~ ctl Ql 0. 0. ctl ~ ca c: o [!? 2i 1if "C c;, _!II c: = .~ .Ii 0 :lS .E '" Ql D.. .c: ~- .l!l '" o 5l Z 0 "C 0. Ql Ql c: "C C> - -(!i ~ Ql - "C 0 c: _ '" C> Ql .!;; = "E ai 8 E al ~ E .E 0 Ql ;: lXl '" >- '" "C --ot::'ca o c: Ql ctl 5 gj .~ -;, u 0 ~ .0 X C\I '" "C 0 - t1> =fa ctl ~ E -= Q) 0 Ql '" 0. as~c. -",1a<,> c: <t "C 0 C\Il c: [!? ctl Ql _ Ql 0. ctl ~ "'~ -c:- o. Ql Ql = "C ~ ._ _ ~ :l1l ~ 0 ctl ctl lXl >- - E ctl O"C ."C -;~::E~ .!;; ,g -a. \)1 "E 0. Ql Ql 8 ~ ~ = cu ~ ""') C E .8 ...: 0 o ctl c: ctl ;:Ql-lll.c '" .c: c: ctl >'-0)> "3 .~ Ci3 >. "CQlo", Ol~ c: c: c: --OOQl Ql .0: - D.. E .c:o>-_ "'C+:;;oc. '~=16:;) ~ c .... ..0 ~.~:.~~ - 0 Q) ~V" ca U _0: 16 . ~~~::E >. lXl gj o C\I Ql E o ~'15 "C>- C:ctl ctl"C al~ ~ '" .0", "'.- en= (""C .),- , O~~TJCE ',"",c,'/i"""Ti\t1y . "',.'j"',J',lfl { ( 02 KnR -I Mill:) j CUMBEHLAHO COUNTY PENNSYLVANIA \ I \ ( REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717)763-1383 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff Cindy L. Borzilleri, by and through her counsel, Reager & Adler, P.C., and files a Petition for Special Relief as follows: 1. Petitioner is Plaintiff in the above-captioned divorce case which was filed on October 25,2001. 2. Petitioner and Respondent are married individuals having been married on November 27, 1976. 3. Defendant failed to accept service of the Complaint via Certified Mail. 4. Therefore, the Complaint was reinstated on February 7, 2002 and served by a process server on March I, 2002. 5. The Complaint raises counts for a no-fault divorce as well as equitable distribution, alimony and alimony pendente lite and attorney's fees and costs. 6. The parties are the owners of real property located at 2 Appomattox Mechanicsburg, Pennsylvania 17050. 7. The parties currently have the home listed for sale and are both residing therein. 8. Petitioner has found a home located at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050 which she desires to purchase thus allowing relocation. 9. In order for Petitioner to obtain financing, Respondent must execute a spousal waiver form waiving any future right, title and interest he may have to the property at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050. 10. Petitioner is using no marital funds for the purchase of this home and therefore Respondent has no financial claim to said property. 11. Petitioner is willing to execute a spousal waiver form or any other documentation necessary to enable Respondent to purchase a separate residence as well. 12. It was specifically requested that Respondent execute a spousal waiver form in conjunction with the purchase of this new property. He has declined to do so. 13. Without the spousal waiver form, Petitioner has no ability to purchase this home and with the pending sale ofthe marital home, such purchase is necessary. WHEREFORE, Petitioner respectfuIly requests this Honorable Court to grant its Petition for Special Relief and require Respondent to execute a spousal waiver form waiving any future interest he may have to the property at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050. Respectfully Submitted, REAGER & ADLER, PC Date: g/?-1l 01, By: DIN CANTOR, ESQUIRE Attorney I. 0.66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, CINDY L. BORZILLERI, verify that the statements made in the foregoing document 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.eS. Section 4904, relating to unsworn falsification to authorities. Date: :3 - 21. - 0-<- ~o~~ CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid as follows: Joseph M. Borzilleri 2 Appomattox Court Mechanicsburg, P A 17055 Dated: .7l11toV D r,_j 0\ t: , c ,:.::; ~:r; ) ~~:~ :~J r,? ;::'.;;. ~'ltu '~! (.1- ::,) o co C-,. CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW this day of ,2002, upon review of the Petition for Special Relief and a response thereto, it is hereby ORDERED that Respondent Joseph M. Borzilleri execute a spousal waiver for the property located at 13 Longwood Drive, Mechanicsburg, P A 17050 no later than ten (10) days from date ofthis order. BY THE COURT: J. .'~ ,. . ~ . REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney LD. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff Cindy L. Borzilleri, by and through her counsel, Reager & Adler, P.C., and files a Petition for Special Relief as follows: 1. Petitioner is Plaintiff in the above-captioned divorce case which was filed on October 25, 2001. 2. Petitioner and Respondent are married individuals having been married on November 27, 1976. 3. Defendant failed to accept service of the Complaint via Certified Mail. 4. Therefore, the Complaint was reinstated on February 7, 2002 and served by a process server on March 1, 2002. 5. The Complaint raises counts for a no-fault divorce as well as equitable distribution, alimony and alimony pendente lite and attorney's fees and costs. 6. The parties are the owners of real property located at 2 Appomattox Mechanicsburg, Pennsylvania 17050. 7. The parties currently have the home listed for sale and are both residing therein. 8. Petitioner has found a home located at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050 which she desires to purchase thus allowing relocation. 9. In order for Petitioner to obtain financing, Respondent must execute a spousal waiver form waiving any future right, title and interest he may have to the property at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050. 10. Petitioner is using no marital funds for the purchase of this home and therefore Respondent has no financial claim to said property. 11. Petitioner is willing to execute a spousal waiver form or any other documentation necessary to enable Respondent to purchase a separate residence as well. 12. It was specifically requested that Respondent execute a spousal waiver form in conjunction with the purchase of this new property. He has declined to do so. 13. Without the spousal waiver form, Petitioner has no ability to purchase this home and with the pending sale of the marital home, such purchase is necessary. WHEREFORE, Petitioner respectfully requests this Honorable Court to grant its Petition for Special Relief and require Respondent to execute a spousal waiver form waiving any future interest he may have to the property at 13 Longwood Drive, Mechanicsburg, Pennsylvania 17050. Respectfully Submitted, REAGER & ADLER, PC Date: 3/?-1l 01- By: , DIN CANTOR, ESQUIRE Attorney L 0.66378 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for Plaintiff - VERlFICA TION I, CINDY L. BORZILLERI, verifY that the statements made in the foregoing document 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. Section 4904, relating to unsworn falsification to authorities. Date: 3 - 21. - 02- ~ot.f;::~~ - CERTIFICATE OF SERVICE I hereby certifY that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid as follows: Joseph M. Borzilleri 2 Appomattox Court Mechanicsburg, P A 17055 Dated: 7\11lil V D o ~,~ ""'(Ji,'I"' .-Q) Lt ~.."" 71. (JJ , Ci;~ ' ~~ S! - r o f'-' ;:0 ".,) 0:) :;.: r- \D , - ~o 12002 CINDY L. BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. JOSEPH M. BORZILLERI, Defendant : NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE RULE TO SHOW CAUSE AND NOW this 301 day of ~ , 2002, a Rule to Show Cause is issued against Respondent Joseph M. Borzilleri to show cause why the relief requested in the attached Petition should not be granted. Rule returnable ill' 10 . days1?'- ~ \ ~ {JY -t:13 -()2 to: ~ . ~o.~+O~ ~el+ J. ""l- ' , V1NY^1ASNN3d AlNnOO dtWlH3awno 61:J Wd E;-Udtl20 AWlONOf-JJ.Odd 3111 :10 3:Jl::ldo--0311::J GOLDBERG, KATZMAN.!t SHIPMAN, P.C. Paul 1. Esposito, Esquire Supreme Court ID #25454 320 Mukct Street, P,Q. Box 1268 Harrisbwa. PA 17108.1268 Attorneys for Defendant CINDY L. BORZILLERI, PlaintUl: IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE JOSEPH M. BORZILLERI, Defendant. PRAECIPE Kindly enter the appearance of Goldberg, Katzman & Shipman, P.C. and Paul J. Esposito, Esquire, in behalf of Joseph M. Borzilleri, Defendant in the above-captioned action. GOLDBERG, KATZMAN & SHIPMAN, P.C. pf!:ffi~!. 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for Defendant (717) 234-4161 By CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff By: Paul J. Date: ~ 2002 (") c: :::: -oi:J::; f1"lrn Z:v zr,,',' (I) :;'~ [;2c ~o ::<>8 z =< . C',&_'"'. --,.,..,.,=--, . o N :0- "'0 :::0 o -n ---i -~ :'1'ipg D,m 39 -,0 ::}::=8 '40 om "J ::0 -< "'0 :x ~ :::> C" OOIDBBRG. KATZMAN olt SHIPMAN. P.C. Paul J. BspoIito, BIquire Supreme Court ID #25454 320Markct Street. P.O. Box 1268 HarrisburJ,PA 17108-1268 Altomeys fa- Defm>dontlRcopond<nt CINDY L. BORZILLERI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE JOSEPH M. BORZILLERI, Defendant. ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant/Respondent, Joseph M. Borzilleri, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, and answers the Petition for Special Relief as follows: 1. Adnrltted. 2. Adnrltted. 3. Adnrltted. 4. Adnrltted. 5. Admitted. 6. Adnrltted. 7. Adnrltted. 8. Denied. Respondent has no direct knowledge as to whether Petitioner has found a home which she desires to purchase. Accordingly, proofthereofis demanded. 9. Denied. Respondent has no information regarding the requirements for Petitioner's financing. Accordingly, proof thereof is demanded. 10. Denied. Respondent has no information regarding the source of the funds from which Petitioner intends to purchase her new home. Accordingly, proof of the source of the funds for this purchase is demanded. Petitioner's assertion that Respondent has no financial claim to said property is a legal conclusion to which no response is required. 11. Denied. Petitioner's asserted wi1Iingness to execute a spousal waiver for the benefit of Respondent is irrelevant to the relief sought in this Petition. 12. Denied. Respondent has declined to execute a spousal waiver form in the absence of satisfactory proof that no marital funds will be used for the purchase of Petitioner' s new property. 13. Denied. Respondent has no information regarding the requirements for the purchase of her new home. WHEREFORE, Petitioner respectfully requests that this Honorable Court deny the Petition for Special Relief. Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By I#f~UffiE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for DefendantlRespondent (717) 234-4161 VERIFICATION I verify that the statements contained in the foregoing ANSWER TO PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Date: Section 4904 relating to unsworn falsification to authorities. PA~4fL On behalf of Joseph M. Borzilleri, DefendantlRespondent a~J~ Ja1). I CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By: Paul 1. E osi , Esquire 320 Mar et Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ID #25454 Attorneys for Defendant/Respondent Date: cydl5:"'2002 >-: C4 ""- .-"" l..Ll~; i;{~> ,. - 0'-,.' 'I c..~ @L' -, c. ,...., Le__ o C'> (""J (:; :s ._)<1: 1,;-,)2: '--< c~3 ';~t fn ;.-22 l:,JLLI :~k1 0_ ~- :J () (') X- u.. :..1"") C' 0- "'" N C> ~ GOLDBERG. KATZMAN &. SHIPMAN. P.C. PoulJ._",_ Supreme Court ID #2S4S4 320MlltetStrect, P.O. Box 1268 Hmiobura,PA 17108-1268 """'- f<x Defa>dont CINDY L. BORZILLERI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE JOSEPH M. BORZILLERI, Defendant. VERIFICATION I verify that the statements contained in the ANSWER TO PETITION FOR SPECIAL RELIEF, a copy of which is attached hereto and which was previously filed in the above-referenced matter, are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: If//~ f:z., ~I~ lrn. ~tJ~D~' J SEPH . BORZILLERI Defendant " , . . . GOlDBERG. KATZMAN <I: SffiPMAN. P.C. PouI 1. &poono,lhquUe SIlpIaDe Court ID *25454 320 Market Strcc:t. P.O. Box 1268 ~PAI7J()8.J268 __ for Defendonl/Raponden CINDY L. BORZILLERI, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-6112 CIVIL ACTION -LAW IN DIVORCE JOSEPH M. BORZILLERI, Defendant. ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW, comes DefendantJRespondent, Joseph M. Borzilleri, by and through his counsel, Goldberg, Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, and answers the Petition for Special Relief as follows: o ql C1 r-..:J ,_l, C, -s;1I" ';;;!' -"I) --0 \:b -:;0 C9 \:i~i - "'C;- <.J' t.Q, ~./: ..-0 \'.; c; ~ 'eo ~~ 0 ~ '~ I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Respondent has no direct knowledge as to whether Petitioner has found a home which she desires to purchase. Accordingly, proofthereofis demanded. 9. Denied. Respondent has no information regarding the requirements for Petitioner's financing. Accordingly, proof thereof is demanded. "'7": ~ ,'q ';~~!~ -;:.. 51 :..<. . , 10. Denied. Respondent has no information regarding the source of the funds from which Petitioner intends to purchase her new home. Accordingly, proof of the source of the funds for this purchase is demanded. Petitioner's assertion that Respondent has no financial claim to said property is a legal conclusion to which no response is required. II. Denied. Petitioner's asserted willingness to execute a spousal waiver for the benefit of Respondent is irrelevant to the relief sought in this Petition. 12. Denied. Respondent has declined to execute a spousal waiver form in the absence of satisfactory proof that no marital funds will be used for the purchase of Petitioner's new property. 13. Denied. Respondent has no information regarding the requirements for the purchase of her new home. WHEREFORE, Petitioner respectfully requests that this Honorable Court deny the Petition for Special Relief Respectfully submitted, GOLDBERG, KATZMAN & SHIPMAN, P.C. By 2Lt ' '..:: ~:I-i/' PAUL! ES, SITO, ESQUIRE 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for DefendantlRespondent (717) 234-4161 . , VERIFICATION I verify that the statements contained in the foregoing ANSWER TO PETITION FOR SPECIAL RELIEF are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.e.S. Section 4904 relating to unsworn falsification to authorities. Date: {Zt..'~t/ /.~%tt!J I '. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff GOLDBERG, KATZMAN & SHIPMAN, P.C. By: ;r j' 1tf-4../ / Paul J. E osi ,Esquire 320 Mar et Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for Defendant/Respondent Date: 11-{} / s: 2002 CERTIFICATE OF SERVICE I hereby certifY that I served a copy of the foregoing document upon the person(s) indicated below by depositing a copy of the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Date: Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, PA 17011-4642 Attorney for Plaintiff By: GOLDBERG, KATZMAN & SHIPMAN, P.C. p;'~ 320 Market Street Post Office Box 1268 Harrisburg, PA 17108-1268 Supreme Court ill #25454 Attorneys for Defendant (") c:~ C) C rv ',-t ;:: ,.., ""(.1 CCI -0 ,~J en r,.. ;:0 , :"1::.! !;"! ....;.- N r C) ~ ,1) C) ~> C~) ~ r.:; U -0 T, ~::; . ~"! C) ..~,~ ''':' (~ ?: Ci rn >' S'i' CI c..- :;;~ Z ::> =< JJ ,f:""" -< CINDY L. BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS :C~BERLANI)COUNTY,PENNSYLVANlA v. : NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE JOSEPH M. BORZILLERI, Defendant MOTION TO COMPEL DISCOVERY RESPONSES AND NOW comes Petitioner Cindy L. Borzilleri, by and through her counsel REAGER & ADLER, PC and moves this Court to compel discovery responses as follows: 1. Petitioner and Respondent are Husband and Wife. 2. A Complaint in Divorce was filed on October 25,2001. 3. Discovery requests were issued to Respondent on December 5, 2002. Said requests are attached hereto as Exhibit "A." 4. Thereafter, the parties agreed to a mutual extension for the provisions of answers to this discovery responses, with said responses being due by Fliday, January 24, 2003. Said correspondence is attached hereto as Exhibit "E." 5. Since this date, Respondent has failed to provide any discovery responses, nor has Respondent's counsel replied to telephone messages in regard to the status of the discovery responses. 6. The parties are unable to finalize this matter without the information provided in said discovery requests. 7. No further extensions have been requested. WHEREFORE, Petitioner requests this Honorable Court to issue an Order requiring Respondent to provide Answers to said discovery requests, pursuant to the Rules of Civil Procedure. Respectfully submitted, REAGER & ADLER DATE: LR I2fO~ a DIson ntor Attorney ID No. 66378 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for the Plaintiff CINDY L. BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS : C~ERLAND COUNTY, PENNSYL VANIA v. JOSEPH M. BORZILLERI, Defendant : NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JOSEPH M. BORZILLERI To: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, P A 17108-1268 I. INSTRUCTIONS Pursuant to Pa. R.C.P. 4003.3 and 4009, please furnish, at my expense, to my office within thirty (30) days, a photostatic copy or like reproduction of the following materials concerning this action or its subject matter which are in your possession, custody or control and which are not protected by the attorney/client privilege; or, in the alternative, produce the said matter at said time to permit inspection and copying thereof. -1- II. DOCUMENTS REQUESTED 1. All documents referred to or used in preparation of Defendant's response to Plaintiff s Interrogatories. 2. All bank account statements for the year 1999 to the present whether titled in your name, your business, or held for your benefit. 3. Any appraisals, market analysis or valuation of any real property owned by you, your company or held for your benefit. 4 . Your personal and business local, state and federal tax returns plus all schedules and attachments for the last five (5) years. 5. Copies of all mutual fund, money market or other brokerage statements held by you, your company or on your behalf for the last five: (5) years. 6. Documentation of any 401 (k), IRA, Keogh, pension or profit sharing plan or stock plan for the last five (5) years or other retirement account of Plaintiff as of date of separation and each year end thereafter to present. 7. All stock certificates, bonds, treasury bills or certificates of deposit held in your name, your company's name or for your benefit. 8. Copies of all life insurance policies and statement of cash value held by you, your company or held for your benefit. 9. Any and all credit card statements or either loan accounts which you contend reflect a marital debt as of the date of separation. 10. All statements of your financial condition prepared by you or on your behalf for the past five (5) years. 11. All W-2s and 1099s received from 1998 to present. -2- AND NOW, this CERTIFICATE OF SERVICE ~ day of December, 2002, I hereby verifY that I have caused a true and correct copy of the foregoing document, PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JOSEPH M. BORZILLERI, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 JOA w CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LA vr : IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT JOSEPH M. BORZILLERI TO: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 I. INSTRUCTIONS You are directed to submit written answers under oath to each of the following questions, pursuant to Pa. RC.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time. which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. RC.P.4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. RC.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Plaintiff s counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. II. DEFINITIONS "Identify", when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Plaintiff to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision there of which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Plaintiff to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, that means of communication, and the date and. time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when 2 he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he acquired such information, or if not, the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTION AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was made, 3 including such description of those individuals as to enable Plaintiff to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. II. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. I. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the party to whom such documents were sent and 4 the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. 5 Respectfully submitted, REA\R & ADLER, PC Date: \ ~ ./ L\ J oV-- . By: Joanne arrison Clough, Esquire ID # 36461 2331 Market Street Camp Hill, P A 17011 717-763-1383 Attorneys for Plaintiff 6 I. GENERAL INFORMATION. 1. State the date on which you are answering these Interrogatories. 2. State your full name, present address, date of birth, where you are actually residing and social security number. Name: Present Address: Date of Birth: Present Residence: Social Security No.: 3. If you are currently separated (within the same household or otherwise) state the date of separation and manner. Date of Separation: Manner of Separation: II. REAL ESTATE. 4. As to any real estate in which you now have, or have had an interest at anytime during the past ten (10) years whether individually, jointly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by anyone for your beneficial interest complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached: Ill. EMPLOYMENT AND INCOME. 5. State your primary occupation or profession. 6. As to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM "B" for 7 each source.) Enter here, the number of FORM "B's" attached: 7. Attach copies of your personal and business Federal and State Income Tax returns and Financial Statements for each of the immediately preceding ten (10) years, including, all schedules attached thereto. IV. BUSINESS OR COMMERCIAL INTERESTS. 8. Complete one FORM "C" attached hereto for eaGh corporation in which you now hold or have held within the past five (5) calendar years 5 % (see Form "C") or more of the outstanding and issued capital stock, whether common or preferred. (Note: Use one FORM "C" for each such interest.) Enter here the number of FORM "C's" attached: 9. Complete form liD" attached hereto for each partnership in which you now hold or have held within the past five (5) calendar years any interest. (NOTE: Use one FORM "D" for each such interest.) Enter here the number of Form "D's" attached: V. OTHER ASSETS. 10. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have an interest in and set forth: (use supplemental sheets if necessary) a. Make, model, year; b. Date acquired; c. Purchase price or value at acquisition; d. Your opinion as to current fair market value; e. How title is held; 8 f. Date, initial amount, present balance of .my liens or encumbrances thereon including identity of lienholder. 11. State whether you own any furniture, household goods, jewelry, antiques, art work, furs, collections or other items of value exceeding $500.00. For each item set forth: (use supplemental sheet if necessary) a. Description; b. Date of acquisition; c. If purchased, source of funds used to purchases; d. Purchase price or value at acquisition if not purchased; e. Current fair market value; f. Present location; g. Provide copies of any appraisals; 12. Complete one FORM E attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA'S, Keogh's, or other bank retirement plans need not be mentioned here, see, question 37. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached: 9 13. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt from taxation.) 14. Identify any safe deposit box which you have had or used within the past five (5) years and set forth: a. Name and location of the institution of each box or depository; b. The name or names in which it is registered; c. Date of opening and closing, of each; d. Present contents of each box or depository; e. The identity of anyone who has access; f. The date of your access in the last five (5) years. 15. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc., and set forth: a. Nature and amount of each obligation and date incurred; b. Name and address of each debtor; c. Condition of payment; d. Consideration given. 16. Do you anticipate receipt of any devise bequest gifts or inheritance? If so, set forth: 10 a. When receipt is anticipated; b. Amount to be received; c. From whom receipt is anticipated; d. Any documents in support of such bequest, devise, gift, or inheritance. 17. List all life insurance policies in which you are either the owner, insured, or beneficiary, and set forth: a. Identity Insurance company and policy number; b. Face amount; c. Type (either term or whole life); d. Identity of the owner, insured, and beneficiary and any relationship to you; e. Annual premiums and the payor; f. Present cash surrender value. 18. State the extent, type and location of all books, papers, records, journals, or other documents in your possession or control, which would reflect your income or assets. a. Attach a copy of each such document. 19. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., In which you now participate or have participated at any time within the past five (5) years. Enter number of Form "Gis" attached: VI. CREDIT. LIABILITIES. AND OBLIGATIONS. 11 20. For each credit card or charge account maintained by you at present or at any time within the past five (5) years, whether in your individual name or jointly with others, state: a. Identity of issuer of credit card or charge account; b. Account number; c. In whose name it is maintained; d. Date opened; 21. Set forth, in detail, any of your obligations, whether individual, joint, or joint and several, including, but not limited to, mortgages, conditional sales. security agreements, contract obligations, financing statements, promissory or judgment notes, including: a. Name and address of each creditor; b. Form of each obligation and date incurred; c. Consideration received for the obligation; d. Amount of original obligation; e. Rate of interest; f. Description of any security given; g. Present unpaid balance on the obligation. 22. Describe any and all assets with a value of$500 or more that you owned as of the 12 date of this marriage. As to each said asset, ifany, state the following: a. Description; b. Asset received and value on that date: c. Value at date of marriage; d. Value at date of separation; e. Value on current date. 23. List any and all liabilities you owed as of the date of this marriage. As to each such liability, if any, state the amount of same as of your marriage date, your separation date, and the current date. 24. Identify and describe in detail each and every item of property that you contend is "marital property, subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. When it was acquired; b. From whom it was acquired; c. The consideration paid; d. In whose name it was acquired, and how it is titled and/or held; e. Its separation value and its present value; 13 25. Itemize your average monthly living expenses in detail, including, but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature, laundry and cI.~aning, transportation, education, entertainment, recreation, personal grooming expenses, alcoholic beverages, nightclub entertainment, motion pictures entertainment, out-of-town trips, tobacco products, poker, gambling (as to gambling, specify the sport or game involved), sports equipment, any other. 26. State the names, addresses and area of expertise of any and all proposed expert witnesses in this action and annex true copies of all written records rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. 27. If you are either asserting a claim for alimony or defending against such a claim, please state with specificity any marital misconduct that you contend your spouse has engaged in during the marriage and prior to separation. 14 REAL ESTATE INFORMATION FORM" A" INTERROGATORY #4 (NOTE: Complete one (1) Form "A" for each Real Estate Interests) A. Address of property. B. Type of property: (ex: condo, single family residence, unimproved lot., commercial etc). C. Date of acquisition. D. Name(s) in which title recorded. E. Purchase price or value at acquisition. (i) Amount of down payment contributed by you; (ii) Amount of down payment contributed by others: Name others; F. The value as of: (i) Date of marriage; (ii) Date of separation; (iii) The current date. G. As to any mortgage, encumbrance or lien of any nature, provide: (i) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (iii) Amount of present outstanding mortgage; (iv) Original term of mortgage; (v) Remaining term of mortgage; (vi) Monthly payments. H. Attach any appraisal of the property that has been made within the last five (5) years. I. If any real estate produces rental income or other income, as to each of the last five (5) calendar years, set forth: 15 FORM "A" (i) Address of property; (ii) Name and address of each person from whom rent or other income was received; (iii) Amount received from each person in each year; (iv) Portion of premises rented to each person; (v) Itemization of all expenses of maintaining that real estate in each year; (vi) Terms of any le~se agreements with respect to each source of rental income. 16 INCOME FROM WAGES AND/OR SALARY FORM "B" INTERROGATORY #6 (NOTE: Complete one (1) Form liB" for each source of wage or salary) A. Name and address of business or other entity from which you receive salary or wage. B. Indicate which of the following is applicable to the source of wage or salary income identified on this form: self-employed employed by another partnership in which you are a partner sole proprietorship in which you are the sole proprietor professional corporation in which you are a shareholder closely held corporation other, please indicate C. Title or capacity in which you are employed, and nature of your duties. D. Date of your initial employment. E. Whether you have entered into a written agreement of employment, if so, attach a copy of that agreement. F. Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. G. List all deductions from your pay including, but not limited to taxes, insurance, FICA, 17 savings, loans. H. Your net yearly, monthly or weekly income. I. If you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past five (5) years including the current calendar year to date. J. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. K. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: 1. identity of plan and plan administrator; 2. Portion of amounts given in 2 contributed by you and portion contributed by your employer; 3. Present balance of your interest in such plan; 4. Attach any brochures defIning the terms and provisions of the planes); and 5. Name of any beneficiary of such planes). L. If you are a participant In any stock option or stock bonus plan. provide: 1. Identity of plan and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts in number 2 contributed by you and portion contributed by your employer; 4. Present value of your interest in such play; 5. Attach any brochures defining the terms and provisions of the planes); 18 M. Check which of the following benefits are provided for you: health insurance for you health insurance for your family members life insurance on your life disability insurance or wage or business interruption insurance payment for occupational or professional licenses and association dues country club dues clothing allowance use of motor vehicle (state if business-owned or leased) payment of auto gas, repairs, insurance payment for travel and seminars medical reimbursement housing allowance or use of employer-owned dwelling other (specify): Medicare: health insurance 19 CORPORATION INTEREST INFORMATION FORM "c" INTERROGATORY #8 (NOTE: Complete one (1) Form "C" for each corporation in which you now hold or have held within the past five (5) calendar years 5% or more of the outstanding and issued capital stock whether common or preferred.) N. State corporate name and location of business office (not P.O. Box). O. State the nature of the corporation's business. P. State your position with the corporation. Q. State the name and address of the chief financial officer of the corporation and the accountant of the corporation. R. State the total number of outstanding shares owned by you at the present and the class of stock involved. S. State what percentage ofthe total outstanding shares is owned by you at present. T. State the date you acquired your initial interest, the cost and the number of shares acquired (if more than one acquisition date, set forth each acquisition date after the initial acquisition and number and cost of skates acquired). U. State the name(s) and addresses) of the other shareholders, the officers and the Board of Directors, indicating the number of shares held by each and his or her position with the corporation (NOTE: if any of these persons are related to you please so indicate and identify the relation). 20 P ARTNERSIDP INTEREST INFOR1~TION FORM "D" INTERROGATORY 9 (NOTE: Complete one (1) Form "D" for each partnership in which you now hold or have held within the past five (5) calendar years any interest. A. State partnership name and location of business office (not P. O. Box). B. State the nature of the partnership's business. C. State whether it is a general or limited partnership; and whether you are a general or limited partner. D. State your percentage ownership interest. E. Provide the name(s) and addresses) of all other partners. F. Provide the name and address of the accountant for the partnership. G. State the date you acquired your initial interest, the cost, the percentage ownership and state the date, cost and percentage for any subsequent acquisitions. H. Attach a copy of the current partnership agreement and any other agreements between you and the partnership or between you and the other partners (including but not limited to employment agreements, buy-sell agreements). 21 BANK ACCOUNT INFORMATION FORM "E" INTERROGATORY #12 (NOTE: Complete one (1) Form "E" for each account). A. State name of bank, title of account and account number. B. State the type of account (checking, savings, certificate, NOW, etc). C. State the date you opened such account or date you acquired your interest therein. D. State the date you closed the account or otherwise ceased to have any interest therein. E. Provide the names and addresses of any other persons who have either an ownership interest or power to withdraw funds from such account. F. Provide account balances as of the following dates: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. 22 SECURITIES INFORMATION SHEET FORM ifF" INTERROGATORY #13 A. Identity of any securities you hold, own or possess, or that are held for you by any fmancial institution or other person. B. Number of shares or principal amounts of bonds. C. How title held and name(s) of all others in title. D. Date of purchase. E. Cost. F. Value at the date of marriage. G. Value at the date of separation. H. Value at the date you answered these Interrogatories. I. If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. 23 RETIREl\:lENT/PENSION INFORMATION FORM "G" INTERROGATORY #19 (NOTE: Complete one (1) Form "G" for each pension or other retirement plan, qualified or non- qualified D(A, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present. A. Describe the nature of plan (-A, Keogh, Defined Benefit Plan, etc., and whether or not qualified). B. State the balance or amount to your credit on each of the following dates, specifying employee contributions, employer contributions, and Interest: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. C. Provide the name and address of the bank/plan administrator or trustee. D. State the Account number(s). E. State the date on which you opened the account or date on which your participation in the plan commenced. F. Identify the named beneficiary of the plan. 24 FORM "G" G. Can you take loans against or liquidate your interest in the plan? H. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? I. Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? J. Attach a copy of the plan and any account statements ret1ecting your interest in the plan as of the following: 1. Date of marriage; 2. Date of separation; 3. Date of answers to these interrogatories; 4. Last five years. 25 CERTIFICATE OF SERVICE AND NOW, this A day of December, 2002, I hereby verify that I have caused a true and correct copy of the foregoing document, PLAINTIFF'S SET OF INTERROGATORIES TO DEFENDANT JOSEPH M. BORZILLERI, to be placed in the U.S. mail, first class, postage prepaid and addressed as follows: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 29 OF COUNSEL. F. LEE SHIPMAN COUNSEL JOSHUA D. LOCK ARNOLD B. KOGAN ARTHUR L. GOLDBERG (1951-2000) HARRY B. GOLDBERG (1961-1998) RONALD M. KATZMAN PAUL J. ESPOSITO NEIL HENDERSHOT J. JAY COOPER THOMAS E. BRENNER JOHN A. STATLER APRIL L. STRANG-KUTAY GUY H. BROOKS JEFFERSON J. SHIPMAN JERRY J. Russo MICHAEL J. CROCENZI THOMAS J. WEBER STEVEN E. GRUBB JOHN DELoRENZO JOHN R. NINOSKY ROYCE L. MORRIS DAVID M. STECKEL HEATHER L. PATERNO 89111.1 320 MARKET STREET · STRAWBERRY SQUARE P.O. Box 1268 . HARRISBURG, PENNSYLVANIA 17108-1268 717.234.4161 · 717.234.6808 (FAX) GOLDBERG, KATZMAN & SHIPMAN, P.C. ATTORNEYS AT LAW December 19, 2002 Debra Denison Cantor, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011-4642 Re: BorzilIeri v. BorzilIeri Dear Debra: This will acknowledge your letter of December 10, 2002, in the above- referenced matter. Mr. Borzilleri has authorized me to agree to the 45-day extension you have requested. I would ask that Mr., Borzilleri be afforded the same consideration, and, therefore, I would suggest that both parties have their answers to the other side by Friday, January 24,2003. Unless I hear from you to the contrary, I will assume that this is agreeable. PJE/rkr cc: Joe Borzilleri .---............... .._-.._...~,. CARLISLE OFFICE: 717.245.0597. YORK OFFICE: 717.:S43.7912 . , CERTIFICA TE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Motion to Compel Discovery Requests was served on the following individuals via United States First Class Mail, postage prepaid as follows: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 Dated: l.P I ~/D r ~~~ITe Attorney ID No, 66378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for the '.(') ~~ \Jm rr-; ((1 -";'- . ~ 7 UJ c_ re:; fj <. ~:; d: I j Zt', $e:: ~_.:?, :''=1 -<.. o L' o .'i'j ..-~~ :;j r- I~~ I c.) 'I t) ; o I, ~:l .) ..11 ~ 9 ,,-j -0::: "] =< ...0 CINDY L. BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE JOSEPH M. BORZILLERI, Defendant RULE TO SHOW CAUSE AND NOW this (,. day of 1"-"- ,2003, a Rule to Show Cause is issued upon Respondent as to why the Reliefrequested in the enclosed Petition to Compel Discovery R"sponses should not be granted. Rule returnable in .z Cl days. BY THE COURT /J.J.. J. (: ,~. ~:, >- g; }..':'7 l.Li~i C;f'- C:.::' fL- .-... '-" co <'>" f:= 7- 3s: C_)~ "~)~ "~ '",- -.Co -f~~!~ 1.,llU L'.UC;'L. ~ :J. o '...J.. .,:::y\ I ::'::'J "") '::J ., ~ Paul 1. Esposito, Esquire 1.D.#25454 GOLDBERG, KATZMAN & SHIPMAN, P.e. 320 Market Street P. Q. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161;(717) 234-4161 (facsimile) Counsel for Defendant CINDY L. BORZILLERI. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6112 JOSEPH M. BORZILLERI, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO MOTION TO COMPEL DISCOVERY RESPONSES AND NOW COMES, Respondent, Joseph M. Borzelleri. by and through his counsel, Goldberg. Katzman & Shipman, P.C., and Paul J. Esposito, Esquire, and answers the Motion to Compel Discovery Responses as follows: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Discovery requests had previously been issued to Petitioner on November II, 2002. 5. It is admitted that the discovery responses have not been made, however, Respondent continues in his efforts to gather the voluminous information sought by Petitioner. It is further admitted that there have not been recent communications between counsel. 6. Denied. Respondent believes this matter can be finalized without the information sought by Petitioner in her discovery requests, however, Respondent is committed to producing the information requested. 7. Admitted. Respondent continues in his efforts to obtain and fully intends to provide the information sought by the Petitioner as promptly as possible. WHEREFORE, Respondent respectfully requests that this Honorable Court refrain from issuing an Order at this time in that Respondent will provide the appropriate responses to Petitioner's discovery requests without further undue delay. Respectfully submitted, :7& SHIPMAN. P.C. Paul 1. po 0 Attorn y I. . #25454 Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Date: July 2, 2003 Attorney for Respondent .. ..ODMA IPCDOCSIDOCSI9781611 2 VERIFICATION I verify that the statements contained in the foregoing ANSWER are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7/2 ( .2003 ~.Q~ 71{. ~/hA~ J SEP M. BORZILLE .. CERTIFICATE OF SERVICE On this 2nd day of July, 2003, I certify that a copy ofthe foregoing was served upon the following counsel of record by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Debra Denison Cantor, Esquire Reager & Adler 2331 Market Street Camp Hill, PA 17011-4642 ~ . . 0 a 0 c w " -", :s.> ~::.::: ;.T~ 0.' .-- "" ..,. [!: ?--~.; L. .0. , ... :f.; Z I (J) ;}. r.......:: '..,.' -< . , (? ~. .'0 , ''11 Z~-~.: ...". ) ~r) ,"'\ n )> ~~'~ N ~"9 =r C- ~h -< --I -< CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LA W IN DIVORCE INCOME AND EXPENSE STATEMENT OF CINDY L. BORZILLERI INCOME Employer: Cumberland Valley School District Address: 6746 Carlisle Pike, Mechanicsburg, P A Type of Work Elementary School Teacher Pay Period (weekly, biweekly, etc.): Biweekly Gross pay per period: $1.313.32 Itemized Payroll Deductions: Federal Withholding 337.07 Social Security 129.95 Local Wage Tax 33.54 State Income Tax 64.35 Retirement 158.33 Savings Bonds Credit Union Life Insurance Health Insurance 15.00 Other (specify) CV Educational Dues 4288.00 YTD Net pay per period: $ 575.08 Other Income: WEEK MONTH YEAR Interest Dividends 8.00 (Bristol Labs) Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Worker's Compo Child Support 567.00 TOTAL $ 1,246.00 TOTAL INCOME $ 1,821.00 Expenses: WEEK MONTH YEAR Home Mortgage/rent 1,110.00 Maintenance 50.00 Utilities Electric Gas 55.00 Oil 30.00 Telephone 60.00 Cellular Phone 85 00_ Water 25.00 Sewer 110.00 Cable (Comcast) 50.00 Ernployment Public Transportation Lunch Taxes Real Estate 184.00 Personal 43.00 Property Income Insurance Homeowners Automobile 29.00 Life Accident Health Other Automobile Payments 216.00 Fuel 100.00 Repairs 25.00 Medical Doctor (includes counseling) 120.00 Dentist Orthodontist Hospital Medicine 19.00 Special Needs 14.00 (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing 300.00 Food 400.00 Barber/Hairdresser 80.00 Credit Payments Credit Card 300.00 Charge Account Memberships Loans 29.00 Credit Union Miscellaneous Household help Child care Paperslbooks/magazines Entertainment 50.00 Pay TV Vacation Gifts 25.00 Legal fees Charitable contributions Other child support Alimony payments Other TOTAL EXPENSES $ 3,509.00 PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP H W J INSURANCE COMPANY POLICY NO. COVERAGE H W C State Farm 38 LK 6293-2 W MetLife (through school) TM 05575133-G W Respectfully submitted, Reager & Adler, P.c. //~J;.j~O'1 By: Attorneys for Plaintiff . .. VERIFICA TION I verify that the statements made in this Income and Expense Statement are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subj1ect to the penalties of 18 Pa C.S. ~ 4904 relating to unsworn falsification to authorities. Date: II I, '{I 04 I I CERTIFICA TE OF SERVIC]~ I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.c. 320 Market Street, Strawberry Square P.o. Box 1268 Harrisburg, PA 17108-1268 Dated: II-Ji-D~ f~...!l;~ ; ~ _. j(;~;" f E;: -. ~'fi .-< n r:: -0 :;j.; is> "J N '" = c:-..> .r:::- :.r:: o ...;;: N .r:- o -n ---I :t:71 rl1;:-.c:: -on, ::oZ--- (') .'::.j ;) 'To ,.. (":i :t1 ,?( ) ry-n ~ ::0 -< CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LAV./ IN DIVORCE INVENTORY OF CINDY L. BORZILLERI Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 84904 relating to unsworn falsification to authorities. 6~L~ rJ.&~~ Cindy L. Bo illeri . j ... ASSETS OF P ARTffiS Plaintiff marks on the list below those items applicable to the case at bar and itemize the assets on the following pages. IRI IRI IRI o IRI [R) IRI o IRI 1. 2. 3. 4. 5. 6. 7. 8. 9. o o o o o o 10. 11. 12. 13. 14. 15. o o o IRI o o o o IRI IRI 17. 18. 19. 20. 21. 22. 23. 24. 25. o 26. 16. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit box Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer I director positions held by a party with company) Employment termination benefits - severance pay, workers' compensation claim/ award Profit sharing Pension plans (indicate employee contrilbution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military IV A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) Other MARITAL PROPERTY Plaintiff lists all marital property in which either both spouses have a 1egal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Property Names of all Value No. Owners 2 1999 GMC Jimmy H 8/03 Purchased 10/02 $13,615.41 2 W 12/02 2003 Buick Rendevous $20,998.00 3a Bristol-Myers Squib Stocks W 80 shares 3b Proceeds from sale of Zimmer W Common Stock 3c Janney Montgomery Scott Joint 6/04 Securities #HB661690-2960 22,370.28 10/04 $24,467.47 5 Susquehanna Valley Federal Credit Union Joint 7 Misc. items in safe deposit Box at Unknown Allfirst 9a Lincoln Life Insurance #000A558118 H Term Insurance 9b Lincoln Life Insurance Wife Term Insurance #000A558100 9c Prudential Life Insurance Wife Cash value #97557669 9/02 = $3,695.00 PSERS Husband 19a $ 351,019.00 PSERS Wife 19b $ 165,981.00 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item No. Description of Property Reason for Exclusion 1a 4082 Regiment Blvd. Enola, P A Husband purchased after date of separation Ib 13 Longwood Drive Wife purchased after date of 11echanicsburg,PA separation PROPERTY TRANSFERRED Item No. Description of Property Date of Person to Consideration Transfer "\Vhom Transferred 1 11arital Residence 10/31/02 Proceeds divided between the parties . , LIABILITIES Item No. Description of Property Names of Names of Amount of Creditors Debtors Debt 7/03 Bon Ton Joint $ 1,197.39 24a 6/03 GMAC Joint $5,267.68 24b 7/03 MBNA Husband $267.87 24c Husband 6/03 24d Sears $17.22 Respectfully submitted, J/-di-oj & Adler, P.e. -~ ~ B. e r nison a:tltor, Esquire J.D. No. 66378 2331 Market Street Camp Hill, PA 17011 (717)763-1383 Attorneys for Plaintiff . . CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: Paul J. Esposito, Esquire Goldberg, Katzman, Shipman, P.e. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 -- ~' De son tor Dated: Jhi~-ot c) I"J S Co) ~ c:;:.., .J.:- i~:.;" ~ 1 -- ~"'- X:n ~ ! , " e.:.) - ; '<: rn N ,-,.- -.8rn "" . ..s;.- TJ? , - (5 -0 --;( ) ""C=R " :,:~; C") '.._ ;;;;'0 :-:~~ F;? :3m ,.., .-1 --( i'\,) .~.~ ::0 {"", ......:: CINDY L. BORZILLERI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CNIL ACTION - LAW IN DNORCE NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH iN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU, OR THE STATEMENTS WILL BE ADMITTED. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. A Complaint in divorce under section 3301(d) of the Divorce Code was filed on October 25, 2001. 2. The parties to this action separated October 25,2001, and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 4/ILl 105 ~~~~ CINDY BO . LLER I -------'- (") ,-, '":~) , ; c.n ~)l .-\ :3: ,'" ,-.J r...... p..) .. ~ CINDY 1. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-6112 JOSEPH M. BORZILLERI, Defendant CIVIL ACTION - LAW .. IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. x (b) I oppose the entry of a divorce decree because: (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. X (iii) This matter is scheduled for a Master's Hearing on June 16,2005. The entry of a divorce decree should await the resolution of the economic issues to be heard by the Master. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. x (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above. I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: 'Jr. A;j / 3, ~ (J() 5 ~ m. ~;'}!e-u~ COefen ant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. f".) " :::-j ;'\: C.. u; - Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CINDY L BORZILLERI, v. : NO. 01-6112 JOSEPH M. BORZILLERI, Defendant : IN DIVORCE CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS As a prerequisite to service of Subpoenas for Documents and Things, Plaintiff certifies that (1) a Notice of Intent to Serve a Subpoena, with a copy of the Subpoenas attached thereto, was mailed to the Defendant at least twenty days prior to the date on which the Subpoenas are sought to be served; (2) a copy of the Notice of Intent, including the proposed Subpoenas, is attached to this Certificate; (3) no objection to the Subpoenas has been received; and (4) the Subpoenas which will be served are identical to the ones which are attached to the Notice of Intent. McNEES WALLACE & N By Date: June 6, 2005 Debra Denison Cantor Pamela L Purdy 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff . . CINDY L. BORZ/LLER/, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZ/LLER/, Defendant : NO. 01-6112 : IN DIVORCE NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: JOSEPH M. BORZ/LLER/, Defendant, and PAUL J. ESPOSITO, Esquire, his attorney Plaintiff intends to serve subpoenas identical to the ones that are attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the sUbpoena(s). If no objection is made, the subpoenas may be served. McNEES WALLACE & NUR/CK LLC By Date: May 9, 2005 Debra Denison Cantor Pamela L. Purdy 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff CINDY L. BORZILLERI, Plaintiff ~TH OF PmN8YLVANrA 0JUNry OF ~ v. JOSEPH M. BORZILLERI, Defendant File No. 01-6112 IN DIVORCE TO, Cu'todian of r'oord, for "'rry F. Mook Ph.D., MOOk-May, Coun"'ing A"ooiat" (Name of Person 0.- Entity) SUBE'OENA TO PRQQVcE ~NTS OR nil NGs FOR DISQ:)VERY PURSUANT TO RULE 4009.22 With'" '-ty (2<>) de" "t~ '~k, of thi, """"""", yo., .,.. ~dored by tho _t to ~ th, fOll"",og _to ~ th,og" An and all reoord" inoluding offio, not" & corresponde~ce, per~aining to any ser~ices or treatment rendered to either Cind L. Borzilleri or Joseph M. Borzilleri, or both at Offi C,,"S Q.f McNees Wallace & Nurick (Address) (Eff. 7/97) Yow ""y deliv~ ~ """ ,''',,,, OOp'''' of the _t, ~ """"'" thl"" c,""",,,,, by th" ~--.., _th~ w'th th, ~tlf'~t, of _li_, to the ,~ty """og th" ro"..,t ,t th, "".,,'" Ii,t" _ve. Vow h." the C''''t to '.... '" ""v~, th, c"'=-l, cost of preparing the COpies or producing the things Sought. If YOU f", to OCodUoe the '"""""t, ~ th'"" c"'"'ced by thl, 'uboooo. w'th," t>onty (2<>) day, 'ft~ 'to '~v'o" the ,..t, '~V'"g th" '"",""a ""y ,.,. , COnet ~d<r COTpelJing you to COTply with it. ADDRESS: P.O. Box 1166 Harrisburg, PA 17108 ~LEPHONE: 232-8000 ;lJPREME COURT ID # 66378 & 85783, respectively .TTORNEY FOR: Plaintiff "THIS SUBPOENA WAS ISSUED AT "THE REQUEST OF "THE FOLLCWING PERSON: ~: Debra Denison Cantor, Esq. & Pamela L. Purdy, Esq. of MCNees Wallace & Nurick BY "THE COURT: .TE: Seal of the Court ProthonotarY/Clerk, Civi I Division Deputy -- , , a:tHJNWWU:lrn OF l'mNSYLVANIA COUNTY OF ClJMBE:RIAND CINDY L. BORZILLERI, Plaintiff v. JOSEPH M. BORZILLERI, Defendant Fi Ie No. 01-6112 IN DIVORCE SUBPOENA TO PRQ!:lIX:E ~NTS OR TH I NGs FOR DISO:>VERY PURSUANT TO RUlE 4009.22 TO: Custodian of records for CHARLES E. CLADEL JR., M.D. (Name of Person 0.- Entity) Within twenty (20) days after service of this sUbpoena, you are ordered by the court to produce the fOllOWing docunents or things: An and all records, inclUding office notes & corr~sponde~~, pertaining to any services or treatment rendered to Jose h M. Borzilleri at Offi~of McNees Wallace & Nurick (Address) - (Eff. 7/97) You may deliver or mail legible COPies of the documents or produce things requested by this sUbpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the COPies or producing the things sought. If yoU fail to produce the documents or things required by this subpoena within tWenty (20) days after its service, the party serving this subpoena may seek a court order compelling yoU to comply with it. ADDRESS:_?--!.O. Box 1166 Harrisburq, PA 17108 TELEPHONE: 232-8000 SllPR~ COURT 10 # 66378 & 85783, respectiVely ~TTORNEY FOR: Plaintiff THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLo,vlNG PERSON: ~: Debra Denison Cantor, Esq. & Pamela L. Purdy, Esq. of McNees Wallace & Nurick BY THE COURT: ATE: Seal of the Court ProthonotarY/Clerk, Civi 1 Division Deputy . . - . - . CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by hand delivery, upon the following: Date: May 9, 2005 Paul J. Esposito, Esq. Goldberg, Katzman & Shipman 320 Market Street Harrisburg, PA 17101 -~~e6y~~ ~ o ~ '-::"1i"f' Cr:\ ~.,. ~;-J' -', ~~.-. 2~,i-_,) .~S ::( ~ = "-" <- c::. ~ ~ ~~ ~ ~~ ::1. ::a "" 9.;o:B =" rn - ~~ Z, ~ C1> CINDY L. BORZILLERI, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 6112 CIVIL JOSEPH M. BORZILLERI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this lf~ day of been 2005, the economic claims raised in the procee resolved in accordance with a marital settlement agreement dated July 7, 2005, 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: Debra Denison Cantor Attorney for Plaintiff Paul J. Esposito Attorney for Defendant ~~.P...t '7 - I:). oS Q-. "-;: l\l'V/ \:1},.~:~ \j;-< j ~j 11\!r""..' '-" ,.,,' , , 'n" ^tJ ~ !U : ' , ,:>::>'\:, k.} 9 I :! I tnl S I lnrsool ,u'\"n~II."..!I("'d :JHl "0 ^oiJ.U,\ Jr I.LJ(~ -i I :J. 3:)i:..l:IO-G311:J ..' . . .' MARITAL SETTLEMENT AGRE:EMENT -;...iI.- :r-I4IV THIS AGREEMENT made this I' day of oSI:Itle, 2005, by and between CINDY L. BORZILLERI, 13 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JOSEPH M. BORZILLERI, 4082 Regiment Boulevard, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 27, 1976 at Altoona, Pennsylvania, and are the parents of the following children: Name Date of Birth Lauren L. Borzilleri Elysabethe C. Borzilleri March 22, 1984 January 18,1990 WHEREAS, the parties separated on October 25, 2001; and, WHEREAS, 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 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 estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Paul J. Esposito, Esquire, of Goldberg Katzman, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her 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, after having received such advice and 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common PII~as of Cumberland County, -2- .. or any other court of competent jurisdiction, make any d,etermination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, Iiclbilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- -' 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, Jive separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the! other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 01-6112. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the exeGution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will -4- , .' promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 2 Appomattox Court, Mechanicsburg, Cumberland County, Pennsylvania (the "marital residence"). The parties have sold the marital residence and have divided evenly the net proceeds from the sale. The parties do hereby set over, transfer and assign to the other party, any and all of his or her right, title, claim and interest in and to all or any portion of the proceeds reserved by the other party from the sale of the marital residence. 5.2. Residences Purchased Subsequent to Separation. The parties acknowledge that each has purchased a residence after sl3paration. Each party shall and does hereby set over, transfer and assign to the other party all of his or her right, title, claim and interest in and to the other party's post-sepclration residence. 5.3. Contents of Wife's Residence, Contenlls of Husband's Residence and Other Personal Property. 5.3.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in said residence as well as other -5- .. . jewelry and personal property in Wife's possession as of the date of this Agreement. Husband shall provide Wife with Elysabethe's bonds and all personal papers contained in the safe deposit box, within 10 days of the execution of the agreement. 5.3.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.4. Husband's PSERS Pension. The parties agree that Husband's PSERS pension has a present value of $361 ,875 and a present marital value of $351,019 for purposes of equitable distribution. At the timE~ of retirement, Husband agrees to elect a refund of his contributions, plus interest, in a maximum single life annuity. Husband hereby assigns to Wife 25.5% of his PSERS account, effective June 30, 2002, including his monthly benefit and refund of contributions, plus interest. The parties agree that the transfer to Wife shall be effectuated in a manner that shall not cause the funds to lose their tax-free status, and that the transfer shall be made pursuant to a Domestic Relations Order (hereinafter "ORO"), the form of the order to be set forth in a stipulation which shall be signed by both partie.s subject to the prior approval of their respective counsel. The parties agree that Harry M. Leister, Jr., F.SA shall draft the ORO and Husband and Wife shall equally pay all fees connected with the -6- ; . drafting of the ORO. In addition, the parties agree that Husband shall elect a survivor benefit for Wife, and Wife shall pay all costs associated with that election. The ORO shall be entered by stipulation within ninety (90) days of the execution of this Agreement. 5.5. Wife's PSERS Pension. The parties agree that Wife's PSERS pension has a present value of $171,114 and a present marital value of $165,981 for purposes of equitable distribution. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's PSERS pension. 5.6. Wife's Bristol Myers Squibb Stock. TI1e parties acknowledge that Wife is the owner of eighty (80) shares of Bristol Myers Squibb stock. The parties agree that the stock has a value of $2,025 for purposes of equitable distribution. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's Bristol Myers Squibb stock. 5.7. Joint Janney Montoomerv Scott Account #HB661690-2960. The parties agree that the joint Janney Montgomery Scott account #HB661690-2960 had a value of $27,202 as of May 31,2005. Husband shall pay Wife the sum of $4,500 within 30 days of the execution of the agreement. Thereafter, Wif,s waives her right, title and interest to the account. 5.8. Husband's Lincoln Life Insurance Polic\I #OOOA558118. The parties acknowledge that Husband is the owner of a Lincoln Life insurance policy -7- .- .> #000A558118. Wife hereby sets over, transfers and assigns any and all of her right, title, claim and interest in and to Husband's Lincoln Life insurance policy #000A558118. 5.9. Wife's Lincoln Life Insurance Policy #000A5581 00. The parties acknowledge that Wife is the owner of a Lincoln Life insurance policy #000A5581 00. Husband hereby sets over, transfers and assigns any and all of her right, title, claim and interest in and to Wife's Lincoln Life insurance policy #000A5581 00. 5.10. Wife's Prudential Life Insurance Policy #97557669. The parties acknowledge that Wife is the owner of a Prudential Life insurance policy #97557669. The parties agree that Wife's Prudential Life insurance policy #97557669 has a cash value of $5,740 for purposes of equitable distribution. Husband hereby sets over, transfers and assigns any and all of his right, title claim and interest in and to Wife's Prudential Life insurance policy #897557669. 5.11. Vehicles. The parties acknowledge that since separation. they have each traded-in or received insurance proceeds for thE! value of the vehicles owned by the parties at separation. Each party has since purchased other vehicles. The parties hereby set over. transfer and assign any and all of his or her right, title, claim and interest in and to the value received by the other party Ior the vehicles owned at separation and the vehicles purchased by the parties since separation. 5.12. Sears Credit Card #5121-0797-0178-6!;16. Husband is the obligor on a Sears credit card #5121-0797-0178-6516 which had a marital debt balance of $1,152 for equitable distribution purposes. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the -8- .' .. Sears credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the agreement. 5.13. GM Credit Card #5437-0004-1572-1044 Husband is the obligor on a GM credit card #5437-0004-1572-1044 which had a marital debt balance of $8,347 for equitable distribution purposes. Husband agrees to be fully responsible and to indemnify and hold Wife hannless from any and all liability for the balance on the GM credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the agreement. 5.14. MBNA Credit Card #4800-1201-1903-2647. Husband is the debtor on a MBNA credit card #4800-1201-1903-2647. .Husband has paid this balance in full and the account has been closed. Husband agrees to ind,emnify and hold Wife harmless from any claims related to the account. 5.15. Bon Ton Credit Card #051454841. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the Bon Ton credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the Agreement. 5.16. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property aw,arded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow a(:counts relating to that -9- .' . property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.17. Property of Husband. The parties a!~ree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all ri9hts thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.18. Assumption of Encumbrances. Unless othelWise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.19. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. -10- " Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agmement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provid1ed. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, each party shall file a separate return. 5.20. Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than -11- , those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.21. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.22. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the dl~bts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.23. Warranty as to Future ObliQations. Exc:ept as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representativ(~s, property or estate may -12- ," be responsible. From the date of execution of this AgreElment, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoEwer incurred in the event of breach hereof. 5.24. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise providl3d for in this Agreement, each of the parties hereby specifically waives, releases, renoun(;es and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is relElased or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of -13- . any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties 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 or unemployed 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. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of -14- the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marria\~e, except for the costs associated with the drafting of the DRO and this Marital Settlement Agreement. The parties agree that Husband and Wife shall equally pay the costs associated with the drafting of the DRO. Wife's counsel shall draft the Marital Settlement Agreement, but Husband shall pay all costs associated therewith. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. -15- ,- 10. SEVERABILITY. If any provision of this A9reement is held by a court of competent jurisdiction to be void, invalid or unenforceabl,e, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to SIJe for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Cindy L. Borzilleri 13 Longwood Drive Mechanicsburg, PA 17050 and to Husband, if made or addressed to the following: Joseph M. Borzilleri 4082 Regiment Boulevard Enola, PA 17025 -16- .' , . Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on thEl same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind th'9 parties hereto and their -17- ~ . respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agre,ements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies -18- .' .. in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this AgreemEint. -19- .' ..- IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dme, Oft:;:J;f~ms W~S , ~ , , 'AJ_ Cindy L. orzillerl, Wi~ WITN~ ~~~ Pu.. ~~bAL:' .rosept\ . Borzillleri, Hand R. -20- COMMONWEALTH OF PENNSYLVANIA . COUNTYOF~ BEFORE ME, the undersigned authority, on this day personally appeared CINDY L. BORZILLERI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ^ay of July, 2005. ~f.~ MOTAR',\!. SI:AL . MICH!E'U.:: '::. ";""OUR. _......;, CIty'd ."!.;, 1'1'I oaU;;;;;' ,- My '~'.^' E~P/Ills Oel. 2.0:: -21- , COMMONWEALTH OF PENNSYLVANIA COUNTY OF D tlU.ph,w.' BEFORE ME, the undersigned authority, on this day personally appeared JOSEPH M. BORZILLERI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executoo same for the purposes and considerations therein expressed. 1'1- GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of July, 2005. ~~ NOta ublic ~ NolaJ1aJ Seal Sally A. Mamh. Notart P'*>Ilc att 01 HarrisbuIg, Dauphin County My CommissIOn ExpIresSoplI7.2006 Member, Pennsylvania Assod!i1ion OfNolaries -22- CINDY L BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE WITHDRAWING ALL CLAIMS EXCEPT FOR A DIVORCE PURSUANT TO &3301(c) OF THE DIVORCE CODE TO THE PROTHONOTARY: Please withdraw all claims pending in this matter other than Plaintiff's Complaint for divorce under Section 3301 (c) of the Divorce Code. McNEES WALLACE & NURICK LLC By bra. C~~ 1.0.#66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: ll,l os- ,~., "TI;',I If.:' __..._ ......., ,. ,""'d."'",......".. _ .._,d.'''''..... ~? "-' ~-' =0 ~ o ., '.-:::: ::;:J fllp -:""'l!i', "1~~ 'oj! -,> ~D .< 1-". ", ~~ CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 25, 2001. 2. A Praecipe to Reinstate Complaint was filed on February 7,2002. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: n '7 cJOJ5 . . n c; "" = (:;::;) c.T' (.~- .~ r-: N N -n o -n -1 [?iF ~p~~: '---~)6 ~~~r\'l 'J~; Clj :.< t;:1 <.1' Cl I'aul J. Espo~ito, Esquire 1.0#25454 GOLDBERG K^ TZMAN, P_C 320 Market Street PO_Box 1268 Harrisburg, PA 17108-1268 (717)234-4161:(717)234-4161 (facsimile) ('oun,\dforl'lamiiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. BORZILLERI, Plaintiff v. NO. 01-6112 JOSEPH M. BORZILLERI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFlDA VIT OF CONSENT AND WAIVER OF COUNSELING I. A Complaint in Divorce under S 3301(c) of the Divorce Code was filed on October 25,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about February 26, 2002, via hand delivery by process server. Return of Service filed with the Court on March 2, 2002. 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: h Ii ,2005 ~ ~ ( "" L i.;n j7 tJh..<... f6SEP;:eM. BORZILLE '2) c:::' ...J"' o .p-n ~. ~"'..) 'I'" -'.... 'f'.~? t\-~. C CINDY L. BORZILLERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH M. BORZILLERI, Defendant NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301{c) OF THE DIVORCE CODE 1. 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 send 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.A. Section 4904 relating to unsworn falsification to authorities. Dated: -n 1, cJCf) S- ~ o c: ~?, ~}l (c:;; I' I" (-.;l .~ ~? o 11 -'..,., ~,~ \t I.."" :';j~?) '?c~.::~ ~ ~ ~~ f';? d\ o Pmil 1. Esposito, F:sqllir~ [[),1i25454 GOLDBERG KATZMAN, PC J20 Market Street p, 0, Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-4161 (facsimile) ('oun.l'eI/or!)!mnli/J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY 1. BORZILLERI, Plaintiff v. NO. 01-6112 JOSEPH M. BORZILLERI, Defendant 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 I. 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. 94904 relating to unsworn falsification to authorities. Date: 9..J'1 I, ,2005 ~~ ~. ~-;~.~ JOSEPH . BORZILLERI ('") c:~ r' -;g <J' C'l -fl r<) \'.J -',.., ~-:~- cr' o , MARITAL SETTLEMENT AGREEMENT 7-X- J~'11~ THIS AGREEMENT made this day of , 2005, by and between CINDY l. BORZILLERI, 13 Longwood Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and JOSEPH M. BORZILLERI, 4082 Regiment Boulevard, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on November 27, 1976 at Altoona, Pennsylvania, and are the parents of the following children: Name Date of Birth Lauren L. Borzilleri Elysabethe C. Borzilleri March 22, 1984 January 18, 1990 WHEREAS, the parties separated on October 25, 2001; and, WHEREAS, 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 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 estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency 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: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Paul J. Esposito, Esquire, of Goldberg Katzman, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her 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, after having received such advice and 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 improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, -2- or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 01-6112. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Wife who will -4- promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 2 Appomattox Court, Mechanicsburg, Cumberland County, Pennsylvania (the "marital residence"). The parties have sold the marital residence and have divided evenly the net proceeds from the sale. The parties do hereby set over, transfer and assign to the other party, any and all of his or her right, title, claim and interest in and to all or any portion of the proceeds reserved by the other party from the sale of the marital residence. 5.2. Residences Purchased Subsequent to Separation. The parties acknowledge that each has purchased a residence after separation. Each party shall and does hereby set over, transfer and assign to the other party all of his or her right, title, claim and interest in and to the other party's post-separation residence. 5.3. Contents of Wife's Residence. Contents of Husband's Residence and Other Personal Property. 5.3.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in said residence as well as other -5- jewelry and personal property in Wife's possession as of the date of this Agreement. Husband shall provide Wife with Elysabethe's bonds and all personal papers contained in the safe deposit box, within 10 days of the execution of the agreement. 5.3.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.4. Husband's PSERS Pension. The parties agree that Husband's PSERS pension has a present value of $361,875 and a present marital value of $351,019 for purposes of equitable distribution. At the time of retirement, Husband agrees to elect a refund of his contributions, plus interest, in a maximum single life annuity. Husband hereby assigns to Wife 25.5% of his PSERS account, effective June 30, 2002, including his monthly benefit and refund of contributions, plus interest. The parties agree that the transfer to Wife shall be effectuated in a manner that shall not cause the funds to lose their tax-free status, and that the transfer shall be made pursuant to a Domestic Relations Order (hereinafter "DRO"), the form of the order to be set forth in a stipulation which shall be signed by both parties subject to the prior approval of their respective counsel. The parties agree that Harry M. Leister, Jr., F.SA shall draft the DRO and Husband and Wife shall equally pay all fees connected with the -6- , . drafting of the DRO. In addition, the parties agree that Husband shall elect a survivor benefit for Wife, and Wife shall pay all costs associated with that election. The DRO shall be entered by stipulation within ninety (90) days of the execution of this Agreement. 5.5. Wife's PSERS Pension. The parties agree that Wife's PSERS pension has a present value of $171,114 and a present marital value of $165,981 for purposes of equitable distribution. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's PSERS pension. 5.6. Wife's Bristol Myers Squibb Stock. The parties acknowledge that Wife is the owner of eighty (80) shares of Bristol Myers Squibb stock. The parties agree that the stock has a value of $2,025 for purposes of equitable distribution. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to all or any portion of Wife's Bristol Myers Squibb stock. 5.7. Joint Janney Montqomerv Scott Account #HB661690-2960. The parties agree that the joint Janney Montgomery Scott account #HB661690-2960 had a value of $27,202 as of May 31, 2005. Husband shall pay Wife the sum of $4,500 within 30 days of the execution of the agreement. Thereafter, Wife waives her right, title and interest to the account. 5.8. Husband's Lincoln Life Insurance Policy #000A558118. The parties acknowledge that Husband is the owner of a Lincoln Life insurance policy -7- #000A558118. Wife hereby sets over, transfers and assigns any and all of her right, title, claim and interest in and to Husband's Lincoln Life insurance policy #000A558118. 5.9. Wife's Lincoln Life Insurance Policy #000A5581 00. The parties acknowledge that Wife is the owner of a Lincoln Life insurance policy #000A5581 00. Husband hereby sets over, transfers and assigns any and all of her right, title, claim and interest in and to Wife's Lincoln Life insurance policy #000A5581 00. 5.10. Wife's Prudential Life Insurance Policy #97557669. The parties acknowledge that Wife is the owner of a Prudential Life insurance policy #97557669. The parties agree that Wife's Prudential Life insurance policy #97557669 has a cash value of $5,740 for purposes of equitable distribution. Husband hereby sets over, transfers and assigns any and all of his right, title claim and interest in and to Wife's Prudential Life insurance policy #897557669. 5.11. Vehicles. The parties acknowledge that since separation, they have each traded-in or received insurance proceeds for the value of the vehicles owned by the parties at separation. Each party has since purchased other vehicles. The parties hereby set over, transfer and assign any and all of his or her right, title, claim and interest in and to the value received by the other party for the vehicles owned at separation and the vehicles purchased by the parties since separation. 5.12. Sears Credit Card #5121-0797-0178-6516. Husband is the obligor on a Sears credit card #5121-0797-0178-6516 which had a marital debt balance of $1,152 for equitable distribution purposes. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the -8- Sears credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the agreement. 5.13. GM Credit Card #5437-0004-1572-1044 Husband is the obligor on a GM credit card #5437-0004-1572-1044 which had a marital debt balance of $8,347 for equitable distribution purposes. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the GM credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the agreement. 5.14. MBNA Credit Card #4800-1201-1903-2647. Husband is the debtor on a MBNA credit card #4800-1201-1903-2647. .Husband has paid this balance in full and the account has been closed. Husband agrees to indemnify and hold Wife harmless from any claims related to the account. 5.15. Bon Ton Credit Card #051454841. Husband agrees to be fully responsible and to indemnify and hold Wife harmless from any and all liability for the balance on the Bon Ton credit card. If Wife is an obligor on this account, Husband shall remove her name from this account no later than 30 days from the execution of the Agreement. 5.16. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that -9- . . property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.17. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.18. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.19. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. -10- Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such retum, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, each party shall file a separate return. 5.20. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than -11- those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.21. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.22. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.23. Warranty as to Future Obliqations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may -12- be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.24. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of -13- any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of 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. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties 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 or unemployed 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. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of -14- the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, except for the costs associated with the drafting of the DRO and this Marital Settlement Agreement. The parties agree that Husband and Wife shall equally pay the costs associated with the drafting of the DRO. Wife's counsel shall draft the Marital Settlement Agreement, but Husband shall pay all costs associated therewith. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. -15- 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Cindy L. Borzilleri 13 Longwood Drive Mechanicsburg, PA 17050 and to Husband, if made or addressed to the following: Joseph M. Borzilleri 4082 Regiment Boulevard Enola, PA 17025 -16- Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their -17- respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies -18- in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. -19- . IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. , WITNESS ~ A.._<rK. PPM.~ b.,-, Borzilleri, sband t./. -20- . , COMMONWEALTH OF PENNSYLVANIA COUNTY OF j)~ BEFORE ME, the undersigned authority, on this day personally appeared CINDY L. BORZILLERI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ay of July, 2005. ~j1~_(!~ Not ry Public ' NOTARIAL SEAl MICHEllE C. ARMOUR, Nolary F'uIlIc City of Harrisburg, PA Dauphin CounIy My Commission Expires Del. 2, 2005 -21- ... COMMONWEALTH OF PENNSYLVANIA COUNTY OF D~ BEFORE ME, the undersigned authority, on this day personally appeared JOSEPH M. BORZILLERI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this r~ day of July, 2005. Notanal SAai J . Sally A. Maosh. Notary Public City Of Ha'!'sburg. Dauphin County My ComrmSSlon Expires Sept 17. 2006 Member, Pennsytvania Association Of Notaries -22- .~ -" . ~,~ .' , \,.......J ~_.t."\ f';) (.f\ -- -------- v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6112 CIVIL ACTION - LAW IN DIVORCE CINDY L. BORZILLERI, Plaintiff JOSEPH M. BORZILLERI, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for a Divorce: 23 Pa. C.S. ~3301 (c) - Mutual Consent - Marriage irretrievably broken. 2. Date and Manner of Service of the Complaint: Date of service was February 26, 2002. The Complaint was served by personal service by Walter Junkins on Defendant Joseph M Borzilleri at 2 Appomatlox Court, Mechanicsburg, PA. An Affidavit of Service was signed by Walter Junkins on February 26, 2002 and filed with the Prothonotary on March 1, 2002. 3. Date of Execution of the Affidavit of Consent Required by Section 3301 (c) of the Divorce Code: By Cindy L. Borzilleri: July 7,2005 By Joseph M. Borzilleri: July 1, 2005 4. Related Claims Pending: All outstanding claims have been resolved by agreement. A Praecipe Withdrawing Economic Claims was filed on July 15, 2005. 5. Plaintiff's Waiver of Notice in ~3301(c) Divorce is being filed contemporaneously herewith. 6. Defendant's Waiver of Notice in S3301(c) Divorce is being filed contemporaneously herewith. By amela L. Purdy I.D. No. 85783 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attomeys for Plaintiff Cindy L. Borzilleri Date: July 22, 2005 - 2 - CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by hand-delivery upon the following: Paul J. Esposito, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 p.r~{ -;p~ Counsel to Plaintiff Dated: July 22, 2005 o c~ ...., c:~ ,~;;:::.> <::..['1 ~:'~ c- "', N (J -~.\ ..4 ::C" n1r",-: ('."1 \:.-.:J t ~ -"., -~" C",: tn r0 01 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . ;+: "':+::+i:+: Of. :+::+: :+:+ . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF CINDY L. BORZILLERI Plaintiff VERSUS JOSEPH M. BORZILLERI Defendant AND NOW, DECREED THAT AND PENNA. No. ---ill -611 ?_(,inil DECREE IN DIVORCE c:2...n...J- , ,,~ ZAJot". IT IS ORDERED AND Cindy L. Borzilleri , PLAINTIFF, Joseph M. Borzilleri , 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; . . .. J(/rWt.. By THE COUR~:.4/1 Arr"~~ PROTHONOTARY . . . . .. . . . .. . " . " " . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . " . . J. . . . . . . . . . . .' ~ b' $ /'P""" ~ 5I7-~'.$ '~fr?-~k-l-IW 50f~ .... ... - ~' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindv L. Borzilleri Plaintiff CIVIL ACTION - LAW VS. NO. 01-6112 Joseph M. Borzilleri Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this day of , .. , the parties, Cindy L. Borzilleri, Plaintiff and Joseph M. Borzilleri, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Joseph M. Borzilleri (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. ~~8101 et. seq. ("Retirement Code"). 3. Member's date of birth is March 21, 1943, and his Social Security number is 182-40- 8448. 4. The Plaintiff, Cindy L. Borzilleri (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is February 23,1952, and her Social Security number is 181-42-9748. 5. Member's last known mailing address is: 4082 Regiment Boulevard Enola, PA 17025 6. Alternate Payee's current mailing address is: 13 Longwood Drive Mechanicsburg, P A 17050 , DEO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. I.al The marital property component of Member's retirement benefit is equal to the Member's retirement benefit accrued on June 30, 2002, based upon the final average salary as of June 30, 2002, and based upon the years of service under PSERS as of June 30, 2002. (b) The portion of the marital property component. of Member's retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion of this marit.al asset is 25.5%. 8. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 24 Pa. C.S. ~8342(a), before any reduction to reflect the election of any option in accordance with 24 Pa. C.S. ~8345(a) and including any scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7(b), after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to " DRO Page 3 the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated. as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs lOCal, lO(b) and lO(c) as follows: (a) Member shall elect to receive, by lump sum, all of his accumulated deductions. The portion ofthe accumulated deductions to be paid to the Alternate Payee, or to her estate, shall be determined by multiplying (1) by (2) where (1) and (2) are as follows: (1) The accumulated deductions as of June 30, 2002, credited with statutory interest (currently 4% per year) from June 30, 2002, through the Member's date ofretirement; installment interest will also be paid from the Member's date of retirement through the date payments commence to the Alternate Payee. (2) 25.5%. " t DRO Page 4 (bl (i) If the Alternate Payee is living, Member shall elect ajoint and survivor annuity as set forth in 24 PAC.S. 8345(a)(4), or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the survivor annuity shall be the equitable distribution pOI'tion (as defined in Paragraph 7(b)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for his life in the event of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during her lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of her annuity payable to the Alternate Payee shall be paid to Alternate Payee's estate for the lifetime of the Member. (b) (ii) If the Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 7(b)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph lOCal). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee. Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. ( rmo Page 5 13. In no event shall Alt~rnate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSElli3 to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 't ,. DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT ~/9'os ~"t:- >>t. hPh~ /'2.j~/(;J.5 Defeirl'dant articipant Date ( \ ~'(;;,;~":;~~s~ Alternate Payee - /) , I , Date /). 2. 'j, ('.'5" Date Attorne or Participant , 1 C) ~- .- 1"-' /----- - " J " JM~ /1 & lll1l5 ,}'! f/ . ',' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindv L Borzilleri Plaintiff CIVIL ACTION - LAW VS. NO. 01-6112 Joseph M. Borzillerj Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 9' day of .-Ja...o1 ' .. z.<>6~,_, the parties, Cindy L. Borzilleri, Plaintiff and Joseph M. Borzilleri, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Joseph M. Borzilleri (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.s. SS8101 et. seg. ("Retirement Code"). 3. Member's date of birth is March 21, 1943, and his Social Security number is 182-40- 8448. 4. The Plaintiff, Cindy 1. Borzilleri (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is February 23, 1952, and her Social Security number is 181-42-9748. 5. Member's last known mailing address is: 4082 Regiment Boulevard Enola, P A 17025 6. Alternate Payee's current mailing address is: 13 Longwood Drive Mechanicsburg, PA 17050 ~ Sf ~~ f r ~ p r ... '- '" '" "- , I, ~ ,.: "';:-:J ~n,'0 G')~Z Ifj c,- hI'! '" O I .,~ '" c .) .(, ,.- ,~ ::IHl ;j1.J ~H'I\:.'!:"" . c"'';l~ ' . -,,, 3':}Lj~c.\-'1.r::j t. '. I~ DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. (a) The marital property component of Member's retirement benefit is equal to the Member's retirement benefit accrued on June 30, 2002, based upon the final average salary as of June 30, 2002, and based upon the years of service under PSERS as of June 30, 2002. (b) The portion of the marital property component of Member's retirement benefit to be allocated to the Alternate Payee as her equitable distribution portion ofthis marital asset is 25.5%. 8. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 24 Pa. C.S. ~8342(a), before any reduction to reflect the election of any option in accordance with 24 Pa. C.S. ~8345(a) and including any scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7(b), after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to " DRO Page 3 the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Pa.yee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs 10(a), lO(b) and 10(c) as follows: (a) Member shall elect to receive, by lump sum, all of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee, or to her estate, shall be determined by multiplying (1) by (2) where (1) and (2) are as follows: (1) The accumulated deductions as of June 30, 2002, credited with statutory interest (currently 4% per year) from June 30, 2002, through the Member's date of retirement; installment interest will also be paid from the Member's date of retirement through the date payments commence to the Alternate Payee. (2) 25.5%. ,,-.--.--.....---- . . . . , t DRO Page ,1 (b) (i) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 24 PAC.S. 8345(a)(4), or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the survivor annuity shall be the equitable distribution portion (as defined in Paragraph 7(b)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintainlevelized payments to the Alternate Payee for his life in the event of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during her lifetime, and the same amount, as a survivor annuity, if the Member predeceases thE, Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of her annuity payable to the Alternate Payee shall be paid to Alternate Payee's estate for the lifetime of the Member. (b) (ii) Ifthe Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 7(b)) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 10(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee. Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. t. DRO Page 5 13. In no event shall Alt~rnate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. "6J.l other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of bem'fit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost ofliving or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pemlsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. j DRO Page 6 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT AJ.. Id./tcfos (L -- p-L J1t. ~j)_&1-<-' 1.2./<<</0.5 ~Participant Date (. ' \ ./ ,--'- I .,-( (~^-. i ,,//L7~ AttguJ,y for P~t5 Alternate Payee . Date /1 ~,;) ,/ It ,{I(:~ ([ Attorne or Participant /2 2. '/,{'!;; Date ;~~ c_. :~ r;i 1 (....) -:; _,;n .... ,1.J 1":': -< ~- ) _._-----------~