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HomeMy WebLinkAbout07-5517Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. RAFFAELE ARENA, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07 - T.T 17 (21 v ll RAFFAELE ARENA, : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE Plaintiff is Candida Arena, an adult individual residing at 109 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant is Raffaele Arena, an adult individual residing at 1487 Old Oak Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on April 30, 1998 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There are two (2) children bom of this marriage, Valentino Pio Arena (Born: June 4, 1998) and Aurora Consiglia Arena (Born: October 20, 2003). 6. The parties separated on January 30, 2007. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. FAULT 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are incorporated herein by reference thereto. 2 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. FAULT ADULTERY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Defendant has committed adulterous acts in violation of the marriage vows and the laws of the Commonwealth of Pennsylvania. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 16. The averments in paragraphs 1 through 15 of Plaintiffs Complaint are incorporated herein by reference thereto. 3 17. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiffrequests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 20. The averments in paragraphs 1 through 19, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 21. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and 4 reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Candida Arena, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; C. Awarding Plaintiff support, alimony and alimony pendente lite; D. Awarding Plaintiff counsel fees, costs and expenses; and E. Awarding other relief as the Court deems just and reasonable. Dated: Septembe-0 , 2007 $arb'STk-S ifmple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 5 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, : IN THE COURT OF COMMON PLEAS Plaintiff V. RAFFAELE ARENA, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 6^17 : CIVIL ACTION -LAW Defendant : IN AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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: 9//9/o " C IDA ARENA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RAFFAELE ARENA, Defendant . NO. : CIVIL ACTION -LAW :IN VERIFICATION I, CANDIDA ARENA, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DatedNi S l6 -7 Pf I I Av'o-Q CANDIDA ARENA N F ZD- p q r' i , w ? all- Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff V. RAFFAELE ARENA, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : ??SI 7 NO. 07 - 664-1" CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Harold S. Irwin, Esquire, hereby accepts service and acknowledges receipt of the above-captioned captioned Complaint in Divorce on behalf of my client, Raffaele Arena, having received said Complaint on the _Z4 day of 4 ? R/,S?c 2007. Harold S. Irwin, III, Es( Attorney for Defendant 64 South Pitt Street Carlisle, PA 17013 (717) 243-3199 Supreme Court I.D.: 1 r?? ,? .'I' ?w."? rn v ;., :t. _... : C' .` _ f"rl " ? -? ,_ ?:• HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 2454M0 ATTORNEY FOR DEFENDANT CANDIDA ARENA, Plaintiff V. RAFFAELE ARENA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 5517 CIVIL TERM : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE NOW, comes the defendant, RAFFAELE ARENA, by his attorney, Harold S. Irwin, III, Esquire, and responds to plaintiff's complaint in divorce, representing as follows: 1. The averments of paragraph one of plaintiff's complaint are admitted. 2. The averments of paragraph two of plaintiff's complaint are admitted. 3. The averments of paragraph three of plaintiff's complaint are admitted. 4. The averments of paragraph four of plaintiff's complaint are admitted. 5. The averments of paragraph five of plaintiff's complaint are admitted. 6. The averments of paragraph six of plaintiff's complaint are admitted. 7. The averments of paragraph seven of plaintiff's complaint are admitted. 8. The averments of paragraph eight of plaintiff's complaint are admitted. 9. The averments of paragraph nine of plaintiff's complaint are admitted. COUNT 1 - DIVORCE No-Fault 10. Defendant incorporates by reference his responses contained in paragraphs one through nine of his answer above as fully as if set forth herein. 11. The averments of paragraph nine of plaintiff's complaint are admitted. WHEREFORE, the defendant has no objection to the entry of a no-fault divorce. Fault - Indignities 12. Defendant incorporates by reference his responses contained in paragraphs one through eleven of his answer above as fully as if set forth herein. 13. The averments of paragraph thirteen of plaintiff's complaint are specifically denied. Furthermore, plaintiff is not the innocent and injured spouse as she has deserted defendant and the marital home, has offered such indignities to defendant as to make his life burdensome and intolerable and, defendant believes and therefor avers, has participated in an affair with another man. WHEREFORE, the defendant has no objection to the entry of a no-fault divorce. Fault - Adultery 14. Defendant incorporates by reference his responses contained in paragraphs one through thirteen of his answer above as fully as if set forth herein. 15. The averments of paragraph thirteen of plaintiff's complaint are admitted in part and denied in part. It is admitted that at one time, approximately four years ago, defendant did have a brief affair. However, subsequently the parties reconciled and enjoyed full marital relations thereafter until their separation in January, 2007. Furthermore, plaintiff is not the innocent and injured spouse as she has deserted defendant and the marital home, has offered such indignities to defendant as to make his life burdensome and intolerable and, defendant believes and therefor avers, has participated in an affair with another man. WHEREFORE, the defendant has no objection to the entry of a no-fault divorce. COUNT II Equitable Distribution 16. Defendant incorporates by reference his responses contained in paragraphs one through fifteen of his answer above as fully as if set forth herein. 17. The averments of paragraph thirteen of plaintiff's complaint are admitted. WHEREFORE, the defendant has no objection to the equitable division of the parties' property and liabilities. COUNT III Support, Alimony Pendente Lite and Alimony 18. Defendant incorporates by reference his responses contained in paragraphs one through seventeen of his answer above as fully as if set forth herein. 19. The averments of paragraph nineteen of plaintiff's complaint are denied. On the contrary, plaintiff has an adequate earning capacity which is equal or greater than the defendant is now earning, but refuses to obtain employment. WHEREFORE, the defendant demands that the claim for support, alimony pendent elite and alimony be dismissed. COUNT IV Attorney Fees and Costs 20. Defendant incorporates by reference his responses contained in paragraphs one through nineteen of his answer above as fully as if set forth herein. 21. The averments of paragraph twenty-one of plaintiff's complaint are denied. On the contrary, plaintiff has an adequate earning capacity which is equal or greater than the defendant is now earning, but refuses to obtain employment. She is just as able to retain counsel as is the defendant, as evidenced by the provision of services in filing this divorce and by other means. WHEREFORE, the defendant demands that the claim for attorney fees and costs be dismissed. WHEREFORE, the plaintiff prays this Honorable Court will enter a decree in divorce under Section 3301 (c) of the divorce code and enter an order equitably dividing the marital property, but dismiss all of the remaining claims of plaintiff. HAROLD S. IRWI III Attorney for Plaintiff-_--'/ 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 VERIFICATION I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 904 relating to unsworn falsification to authorities. October 1, 2007 RAFF re? -TI 40 0 Nov-19. 2007 1:40PM MARITAL SETTLEMENT AGREEMENT No-0858 P. 2116 THIS AGREEMENT, made this 10` day of November, 2007, by and between. RAFFAELE ARENA„ hereinafter referred to as "HUSBAND", and CANDIDA ARENA, hereinafter referred to as "WIFE". WITN.USSETH, That: WHEREAS, the parties hereto are husband and wife, having been, lawfully joined in marriage on April 30, 1998, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born o£ this marriage being Valentino Pio Arens, born. June 47 1998 and Aurora Consiglia Arena born October 20, 2003; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property, (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by Final-November 19, 2007 • Nov.19. 2007 1:40PM 0 No.0858 P. 3/16 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I !GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Harold S. Irwin, III, Esquire. Each party fiuther declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any Final - November 19, 2007 2 • Nov.19. 2001 1:40PM 0 Na.0858 P. 4/16 duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. 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 or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement- Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3_ FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they Final -November 19, 2007 • Nov-19. 2007 1:40PM • No-0858 P. 5/16 have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4, MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed on or after December 24, 2007 and immediately thereafter, WIFE shall praecipe the Court for finalization of the divorce. The parties agree that the divorce shall be finalized on or before December 27, 2007. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement, This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terns and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terns hereof unless the Final -November 19, 2007 4 • , Nov-19. 2007 1:40PM No.0858 P. 6/16 parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the Final - November 19, 2007 5 • Nov.19. 2007 1:41PM No-0858 P. 7/16 spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the patties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party over had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LLABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMEN'T' HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the Final - November 19, 2007 6 • • Nov.19. 2007 1:41PM No.0858 P. 8/16 purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIWAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLIN'G LAW This Agreement shall be construed and governed in accordance with the laws of the Final - November 19, 2007 7 Nov.19. 2007 1:41PM Commonwealth of Pennsylvania. 14. TAX RETURNS • No-0858 P. 9/16 The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax retums which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of HUSBAND. This shall specifically include the current tax re-assessment (tax, penalties and interest) for the parties' 2006 Federal return in the amount of One Thousand Two Hundred Twelve Dollars and 57/100 ($1,212.57) as of November 26, 2007. HUSBAND agrees to suffer the consequences solely and shall indemnify and hold WIFE harmless from any penalties, interest or liabilities for any such taxes. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROP HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, Final -November 19, 2007 8 • • Nov.19. 2007 1:41PM No.0858 P. 10/16 Clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESiTAT'E The parties jointly own property at 1487 Olde Oak Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. A contract for sale of the house was entered into by the parties for $154,900.00, which sale closed on or about October 26, 2007. The net proceeds of this sale, after satisfaction of the first mortgage, second mortgages and other closing costs and expenses related to the sale were S 14,568.94. Said monies shall be the sole and separate property of WIFE. HUSBAND shall waive, relinquish and release any claim in these proceeds. Any escrowed sums related to the real estate shall also be the sole and separate property of WIFE. Attorney for WIFE shall simultaneously with the execution of this Agreement release sums in her escrow from the sale of the home to WIFE. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2003 GMC Envoy Final-November 19, 2007 9 • Nov-19. 2007 1:41PM LJ No-0858 P. 11/16 driven by WIFE and a 1996 Jaguar S56 driven by HUSBAND. The Envoy vehicle is subject to a loan due and owing to PSECU in the amount of $328.00 per month with a total due of approximately $18,000.00. HUSBAND's Jaguar is encumbered with a loan due and owing to Member's 1 n Credit Union in the amount of $224.00 per month with a total due of approximately $8,000.00. The parties agree that HUSBAND shall take possession and control of both the Jaguar and WIFE'S 2003 GMC Envoy effective on the date of execution of this Agreement. 1r . HUSBAND shall also indemnify and hold WIFE harmless from any and all claims, costs, liabilities, including reasonable attorney's fees, which she may incur in defense of any claim for the PSECU and Members 1" loans and any other indebtedness related to the vehicles. Each party agrees to promptly coordinate and cooperate in the transfer of the vehicles and title thereto. D. FINANCIAL ASSETS: The parties acknowledge that the financial accounts which existed during the marriage have been divided to the satisfaction of the parties. The parties agree to close all jointly titled accounts and to share equally the proceeds of the account, Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. Final-November 19, 2007 10 Nov.19. 2007 1:41PM N0 .0858 P. 12116 E. RUSTIV'ESS INTEREST HUSBAND has an ownership or security interest in a business with his brother known as Luigi's Ristorante in North Middleton Township, Cumberland County, Pennsylvania. HUSBAND shall retain his interest in this business as his sole and separate property. WIFE hereby waives, relinquishes and releases any claim to this business. HUSBAND hereby agrees to indemnify and hold WIFE harmless from any claims, expenses, liabilities, loans, debts, taxes or other costs associated with or claimed due arising from his association with the business. F. PENSION AND RETIREMEN'T' ACCOUNTS: The parties acknowledge and confirm that neither of them have earned any retirement or other deferred employment benefits during the marriage. G. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. However, HUSBAND further agrees to name each child as beneficiary of a life insurance policy with a minimum benefit value of $115,000.00 per child. Each policy shall be carried at the sole cost of HUSBAND and shall remain in full force and effect until the child reaches the age of twenty-one (21) years, at which time this obligation for that child shall terminate. It is agreed that while the child is less than twenty-one (21) years of age, WIFE shall be named as trustee for the benefits of the child up to the designated minimum sum of $115,000.00 per child so that Final-November 19, 2007 11 • Nov-19. 2001 1:41PM No-0858 P. 13/16 WIFE can utilize this sum for the support and needs of the children upon the death of HUSBAND. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party shall be solely responsible for any debts in his or her name. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. SECTION III 1. ALIMONY. ALIMONY PENDENTE LITE SUPPORT, MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution ofmarital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimonypendente lite, maintenance or counsel fees. Final-November 19, 2007 12 0 SECTION IV CHILD SUPPORT AND CUSTODY 1. CHILD SUPPORT • WIFE has also filed an action for child support to the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 00820 S 2001 PACSES No. 136109514. An Order of support has been entered which shall be binding on the parties and modified as appropriate on petition by the parties. 2. CHILD CUSTODY The parties shall have joint legal custody of the children. WIFE shall have primary physical custody of the children, subject to HUSBAND'S periods of partial custody as the parties may mutually agree. It is specifically understood and agreed that HUSBAND's periods of partial custody shall include overnight visits by the children at HUSBAND's residence. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The patties acknowledge that this Agreement shall become effective when actually signed by WITNESS RAFrASIS-ARENA CANDIDA ARENA 0 0 . Nov-19. 2001 1:42PM No.0858 P. 15/16 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF"?2 Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Raffaele Arena, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief and subscribed to before me this Zo day of "VFV'3r(1007, NOTARY My commission (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Candida Arena, who being duly affinned according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. to before me this -L ^. day of &rn.4a-07. (SEAL) 4W 0ar TM ,..?, vas sow asses sumq??susv n, NoWy Pubk *Cbmi"1*801 EXPWU Nov, 18, 2D11 of Nowes COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County My commission expires FebruaO6, 2011 Final-November 19, 2007 14 My commission expires, rJ ? i_t? CC) Barbara Sumple-Sullivan, Esquire Supreme Court 432317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RAFFAELE ARENA, Defendant NO. 07 - 5517 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 19, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: I C?-? ? ?1 L L ? ?;? CANDIDA ARENA t is Iwf i t.-. ?c W S p Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RAFFAELE ARENA, Defendant : NO. 07 - 5517 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 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 statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: 1 "? °?g ! d? CANDIDA ARENA w ?C4 . . ? ?Y y Y •. l ? CANDIDA ARENA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RAFFAELE ARENA, : NO. 2007 - 5517 CIVIL TERM Defendant : IN DIVORCE AFFDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about September 19, 2007. Service of the complaint was made upon defendant as indicated on plaitniffs affidavit of service previously filed. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. 1 consent to the entry of a final decree in divorce after service of notipe-of intention to request entry of the divorce. % f December 27, 2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE FINDER SECTION 3301 (D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and corr t. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Secti 904 relating to unsworn falsification to authorities. December 27, 2007 ARENA r ?! y?1 3,?'\J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner UANDIDA ARENA, Plaintiff V. RAFFAELE ARENA, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 5517 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on September 24, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff. December 28, 2007; by Defendant: December 27, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated November 19, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: December 28, 2007. Date Defendant's Waiver of Notice in c) Divorce was filed with Prothonotary: December 28, 2007. Dated: December 28, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner CANDIDA ARENA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07 - 5517 RAFFAELE ARENA, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 DATED: December Z0, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff C-11 S l co i.., 1 'y c_ N ?a r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CANDIDA ARENA, Plaintiff VERSUS RAFFAELE ARENA, Defendant 07 - 5517 No. DECREE IN DIVORCE ``,_? L'r 3' 2007 IT IS ORDERED AND AND NOW, Q eC. e. 1f? Candida Arena DECREED THAT Raffaele Arena AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated November 19, 2007 and incorporated, but not merged, into the Decree. BY THE COURT: PROTHONOTARY n ?Q lz'- ?r CANDIDA ARENA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW RAFFAELE ARENA, : NO. 2007 - 5517 Defendant : IN CUSTODY PETITION FOR CONTEMPT NOW, comes the defendant, RAFFAELE ARENA (petitioner herein), by his attorney, Harold S. Irwin, III, Esquire, and presents this petition for contempt, representing as follows: 1. Petitioner is RAFFAELE ARENA, an adult individual residing at 21 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is CANDIDA ARENA, an adult individual residing at 289 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The parties are the natural parents of two minor children, namely, VALENTINO P. ARENA (born June 4, 1998) and AURORA C. ARENA (born October 20, 2003. 4. The parties executed a marital settlement agreement, dated November 19, 2007, which contained, inter alia, child custody provisions, providing for joint legal custody, that respondent would have primary physical custody, and that petitioner would have periods of partial physical custody, including overnight visits with the children, by mutual agreement. A copy of this agreement is incorporated herein and attached hereto as Exhibit "A". 5. The parties divorce was finalized by decree of this Court dated December 31, 2008. The parties marital settlement agreement was incorporated into the decree. custody, including overnight visits with the children, by mutual agreement. A copy of the decree is incorporated herein and attached hereto as Exhibit "B". 6. Since that time, petitioner has had various opportunities to exercise partial physical custody; however, since late January, 2009, respondent has refused telephone contact between petitioner and the children and has denied all of petitioner's requests for partial physical custody. 7. Petitioner does not know of a person not a party to this proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children has been named as a party to this action. 9. Due to respondent's unjustified failure to honor the terms of the parties' agreement and the decree of divorce which incorporated said terms, petitioner has been and will be forced to expend additional sums of money for attorney fees and costs to enforce the agreement and decree, for which he makes claim against the respondent. WHEREFORE, petitioner requests the Court to enter an Order finding the respondent in contempt, ordering respondent to pay petitioner's attorney fees in this proceeding and such other relief as he Court may deem appropriate. OFFICE April 7, 2009 %--" HAROLD S. IRWIN, III Attorney for Petitione VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Sgdion 4404, relating to unswom falsification to authorities. 1114 ,i 11 . April 7, 2009 r RAFF ...1011r,"A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CANDIDA ARENA, Plaintiff VERSUS RAFFAELE ARENA, Defendant 07 - 5517 No. DECREE IN DIVORCE Q e,c e.`p r 3 2007 AND NOW, c IT 15 ORDERED AND Candida Arena DECREED THAT RaffaeIe Arena AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated November 19, 2007, and incorporated, but not merged, into the Decree. BY THE COURT: PROTHONOTARY ex HIBI"r "s" Nov.19. 2007 1:40PM M&MAL SETTLEMENT AGREEMENT No-0858 P. 2/16 ?HLS AGREEMENT, made this 19" day of November, 2007, by and between RAFFAELE ARENA, hereinafter referred to as "HUSBAND", and CANDIDA ARENA, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been, lawfully joined in marriage on April 30, 1998, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Valentino Pio Arena, born June 4, 1998 and Aurora Consiglia Arena born October 20,2003; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and fuhire support or raintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by Final November 19, 2007 Nov-19. 2001 1:40PM No.0858 P. 3/16 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Swuple-Sullivan, Bnairo. HUSBAND has been independently represented by Harold S. Irwin, a Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and diselosum of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any frewd, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any Final - November 19, 2007 2 Nov-19. 2007 1:40PM No-0858 P. 4/16 duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. 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 or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement- Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable- This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3_ FINNANCIAI. DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fidly and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they Final -November 19, 2007 3 Nov-19, 2007 1:40PM No-0868 P. 5/16 have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed on or after December 24, 2007 and immediately thereafter, WE shall praecipe the Court for finalization of the divorce. The parties agree that the divorce shall be finalized on or before December 27, 2007. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the Final -November 19, 2007 4 Nov-19. 2001 1:40PM No-0858 P. 6/16 parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agro meat to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or deem for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement 7. . MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or A tare support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any otherjurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arming or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. ' Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the Final -November 19, 2007 5 Nov-19. 2007 1:41PM No-0858 P. 7/16 spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the othees estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. s. SUCCESSOWS RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABELITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in fu11 force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the Final - November 19, 2007 6 Nov-19. 2001 NI PM No-0858 P. 8/16 purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WATVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. S_ If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROL ING LAW This Agreement shall be construed and governed in accordance with the laws of the Final - Novembcr 19, 2007 7 Nov.19. 2007 1:41PM Commonwealth of Pennsylvania. 14. TAX RETURNS No.0858 P. 9/16 ` The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongfW claiming of any deduction shall be assessed by the United States Internal Revenuc Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall W the sole responsibility of HUSBAND. This shall specifically include the current tax re-assessment (tax, penalties and interest) for the parties' 2006 Federal return in the amount of One Thousand Two Hundred Twelve Dollars and 571100 ($1,212.57) as of November 26, 2007. HUSBAND agrees to suffer the consequences solely and shall indemnify and hold WIFE harmless fiom any penalties, interest or liabilities for any such taxes. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSTS, A. P RSONAL and HOUSEHOLD PRO_ EE&TY HUSBAND and WIFE do hereby acImowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, Final -November 19, 2007 8 Nov-19. 2007 1:41PM No-0858 J. 10/16 clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the patties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 1487 Olde Oak Court, Mechanicsburg, Cmnberlaud County, Pennsylvania 17050. A contract for sale of the house was entered into by the parties for $154,900.00, which sale closed on or about October 26, 2007. The net proceeds of this sale, after satisfaction of the first mortgage, second mortgages and other closing costs and expenses related to the sale were $14,568.94. Said monies shall be the sole and separate property of WIFE. HUSBAND shall waive, relinquish and release any claim in these proceeds. Any escrowed sums related to the real estate shall also be the sole and separate property of WIFE. Attorney for WE shall simultaneously with the execution of this Agreement release sums in her escrow from the sale of the home to WIFE. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2003 GMC Envoy Final-November 19,200-1 9 Nov-19. 2007 1:41PM No,0858 P. 11/16 driven by WIFE and a 1996 Jaguar S56 driven by HUSBAND. The Envoy vehicle is subject to a loan due and owing to PSECU in the amount of $328.00 per month with a total due of approximately $18,000.00. HUSBAND's Jaguar is encumbered with a loan due and owing to Member's 1" Credit Union in the amount of $224.00 per month with a total due of approximately $8,000.00. The parties agree that HUSBAND shall take possession and control of both the Jaguar and WIFE'S 2003 GMC Envoy effective on the date of execution of this Agreement, HUSBAND shall also indemnify and hold WIFE harmless from any and all claims, costs, liabilities, including reasonable attorney's fees, which she may incur in defense of any claim for the PSECU and Members I" loads and any other indebtedness related to the vehicles, Each party agrees to promptly coordinate and cooperate in the transfa of the vehicles and title thereto, D. FINANCIAL ASSETS: The parties acknowledge that the financial accounts which existed during the marriage have been divided to the satisfaction of the parties. The parties agree to close all jointly titled accounts and to share equally the proceeds of the account. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. Final Novamber 19, 2007 10 Nov-19. 2001 1:41PM No.0858 P. 12/16 E. BUSDWS RMREST HUSBAND has an ownership or security interest in a business with his brother known as Luigi,s Ristorante in North Middleton Township, Cumberland County, Pennsylvania. HUSBAND shall retain his interest in this business as his sole and separate property. WIFE hereby waives, relinquishes and releases any claim to this business. HUSBAND hereby agrees to indennify and hold WIFE harmless from any claims, expenses, liabilities, loans, debts, taxes or other costs associated with or claimed due arising from his association with the business. F. PENSION AND RETIREMENT ACCOUNTS: The parties acknowledge and confirm that neither of them have earned any, retirement or other deferred employment benefits during the marriage. G. INSURANCE Each party shell retain ownership of any life insurance policy in his or her name. However, HUSBAND further agrees to name each child as beneficiary of a life insurance policy with a minimum benefit value of $115,000.00 per child. Each policy shall be carried at the sole cost of HUSBAND and shall remain in full force and effect until the child reaches the age of twenty-one (21) years, at which time this obligation for that child shall terminate. It is agreed that while the child is less than twenty-one (21) years of age, WIFE shall be named as trustee for the benefits of the child up to the designated minimum sum of $115,000.00 per child so that Final-November 19.2007 11 Nov-19. 2001 1:41PM No.0858 P. 13/16 WIFE can utilize this sum for the support and needs of the children upon the death of HUSBAND. 2. OEM Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither patty will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party shall be solely responsible for any debts in his or her name. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. SECTION III 1. ALIMONY, ALIMONY PENDENTE W& SUPPORT, MAMENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distn'bution ofmarital property are fair, adequate and satisfactory to them and arv accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente life or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, shmonypeadente life, maintenance or counsel fees. Final November 19, 2007 12 SECTION IV CHILD SUPPORT AND CUSTODY 1. CHILD SUPPORT WIFE has also filed an action for child support to the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 00820 S 2001 PACSES No. 136109514. An Order of support has been entered which shall be binding on the parties and modified as appropriate on petition by the parties. 2. CHILD CUSTODY The parties shall have joint legal custody of the children. WIFE.shall have primary physical custody of the children, subject to HUSBAND's periods of partial custody as the parties may mutually agree. It is specifically understood and agreed that HUSBAND's periods of partial custody shall include overnight visits by the children at HUSBAND's residence. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENTS EFFECTIVENESS The patties acknowledge that this Agreement shall become effective when actually signed by WITNE ARENA WITNESS CA DIDA ARENA ? Y 1 ? . Nov.19. 2007 1:42PM COMMONWEALTH OF PENNSYLVANIA. ) ) SS. COUNTY OF Gu•-c/2 ?-? } No-0858 P. 15/16 Before me, the undersigned officer, a Notary Public in and for said Commonwealth and county; personally appeared Raffaele Arena, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. and subscribed to before me this day of AJO V06 Q007. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irvin Iii, Esq, Notary Public NOTARY PUBLI Carlisle, Cumberland County Mycommimm omm ' F K 2011 My commission expi (SEAL) COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Before me, the undetaigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Candida Arena, who being duly affirmed according to law, deposes and nays that the facts and matter set forth in the within and foregoing Marital Settloment Agreement are true and correct to the best of her knowledge, information and belief to before me this _ day of IL46P 7. (SEAL) iwNONwI?a.Tfr of P olvanvwM hbtwy PU* a A- to E*mcC.,,,..' E xprrw?, to oxjW 2M I Wftw, -"W Naf f i Final-November 19, 2007 14 My commission expires: NLED,O OF THE P,RO74 OTARY 2009 APR -7 PM 3: 09 'ENt?r?Yl?? `?Er? 4'7o. oo pn ATT'Y caw t a?aq CANDIDA ARENA IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. RAFFAELE ARENA DEFENDANT 2007-5517 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, April 14, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 15, 2009 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 FILE -D FICE OF THE 'C?ARY 2003 APR 15 AN g. 23 CLS Yl?r`oT &,". -k?1 R?11?, Fl lam/ M'i L ?C.?„ f?J C . TIMfiC7Y. j JUN 0 5 2009 JUN U 5 im CANDIDA ARENA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RAFFAELE ARENA, NO. 2007-5517 Defendant IN CUSTODY COURT ORDER AND NOW, this __ L day of June, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The mother, Candida Arena, and the father, Raffaele Arena, shall enjoy shared legal custody of Valentino P. Arena, born June 4, 1998, and Aurora C. Arena, born October 20, 2003. 2. The mother shall enjoy primary physical custody of the minor children. 3. The father shall enjoy periods of temporary physical custody of the minor children as follows: A. On the two days the father is off work, it being understood at this point that is Tuesday and Wednesday, father shall have custody either from Noon until 5:00 p.m. or from 5:00 p.m. until 9:00 p.m. Father's specific time shall be subject to the children's schedule with the Carlisle Family YMCA's camp, and mother shall communicate with father either directly or through her attorney with respect to the specific time frames. B. After father has had two weeks of custody as set forth above, father's time shall be expanded to approximately 9:00 until 6:00 p.m. Again, this may be modified subject to one or both of the children being involved in summer camp and father shall attempt to work around that schedule. 4. The parties shall meet with the Custody Conciliator again on Thursday, August 6, 2009, at 10:30 a.m. At this time and assuming things are going well, it is anticipated that father's periods of temporary custody may be expanded to, possibly, include some overnights depending upon the circumstances. 5. In the event there are any problems at all with respect to the visitation schedule, legal counsel for the parties may consult the Custody Conciliator directly to request a telephone conference between the attorneys and the Conciliator at which time the Conciliator may recommend a modified Order to this Court to address any issues. 6. Both parties shall enjoy reasonable telephone contact with the minor children when they are in the custody of the other parent subject, however, that phone calls must be made during the day and no later than 8:00 p.m. 7. Neither parent shall be under the influence of alcohol or any illegal narcotics when they have custody of the minor children. juage cc: ?Dirk E. Berry, Esquire ,,41'arold S. Irwin, III, Esquire CANDIDA ARENA, Plaintiff VS. RAFFAELE ARENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-5517 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Valentino P. Arena, born June 4, 1998, and Aurora C. Arena, born October 20, 2003. 2. A Conciliation Conference was held on June 4, 2009, with the following individuals in attendance: The mother, Candida Arena, who appeared with her counsel, Dirk E. Berry, Esquire, and the father, Raffaele Arena, with his counsel, Harold S. Irwin, III, Esquire. 3. The parties agreed to the entry of an Order in the form as attached. Date: U- , 2009 Hubert X. Custody C y, Esquire FILED-0 `R Cc OF THE F'i O i HOINIO?AAPY 2009 JUN 10 AM 11: S 6 CU"'?IJ .Jv'??MI AUG 1 0 2009 6? CANDIDA ARENA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RAFFAELE ARENA, NO. 2007-5517 Defendant IN CUSTODY COURT ORDER AND NOW, this day of August, 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed that this Court's prior Order of June 10, 2009 shall remain in place subject to paragraph 3 being modified as follows: 3. The father shall enjoy periods of temporary physical custody of the minor children on alternating Tuesdays and Wednesdays from 5:00 p.m. until 9:00 p.m. Father shall also enjoy temporary custody at such other times as agreed upon by the parties, with the understanding that mother will work with the father's work schedule to accommodate him having meaningful time with the children. In the event either parry desires to modify this Order, that party may petition the Court to have the case again scheduled with the Custody Conciliator for a conference. cc: X_ E. Berry, Esquire .-Iiarold S. Irwin, III, Esquire 0-T 14 CANDIDA ARENA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW RAFFAELE ARENA, NO. 2007-5517 Defendant IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Valentino P. Arena, born June 4, 1998, and Aurora C. Arena, born October 20, 2003. 2. A Conciliation Conference was held on August 6, 2009, with the following individuals in attendance: The mother, Candida Arena, with her counsel, Dirk E. Berry, Esquire, and the father, Raffaele Arena, who appeared without counsel. However, the father suggested that he wanted to proceed with the conciliation even though Mr. Irwin was not present. 3. The parties agree to the entry of an Order in the form as attached. Date: August, 2009 Z3 )P Hubert X. Gil y, Esquire Custody Con iliator OF TH? 20119 AUG 10 Pal , I fA i '