HomeMy WebLinkAbout07-6140E .
VIRGINIA:
IN THE CIRCUIT COURT FOR FAIRFAX COUNTY
AMY E. FRATELLO
6242 Hidden Woods Court, # 13
Springfield, Virginia 22152
Plaintiff
vs.
BRYAN FRATELLO
Sub Base New London
Building 379
O'Kane Hall
Shark Blvd.
Groton, Connecticut 06339
Defendant
~7?~,, b ~ G ~ yd ~~ ~.,c...-.
Chancery No. l.yO~Z3
WAIVER OF SERVICE OF PROCESS OF BILL OF
COMPLAINT FOR DIVORCE AND WAIVER OF NO-
TICE OF FURTI~R PROCEEDINGS ON THE BILL OF
COMPLAINT FOR DIVORCE & DECLARATION
~_
-~
~. ..
i~ ~.
;? :f_; _ _
~~ -~
.~ ~ ..
~~ ~ <_~-:
~:.: ,_
-3
I, BRYAN FRATELLO, Defendant in the above-styled action for divorce
which has either been commenced or will be commenced in the Circuit Court for
this jurisdiction, do hereby swear or affirm that:
1. That I have already received a copy of the aforesaid Bill of Complaint,
and, under the authority found in Virginia Code §20-99.1:1, I waive formal service
of process thereof upon me.
1
'w
2. That I do not desire to contest this action nor delay a hearing on the Bill of
Complaint; moreover, I am agreeable to Plaintiffs receiving the relief which Plaintiff
seeks in the aforesaid Bill of Complaint.
3. That I freely and voluntarily waive any and all further notice to which
I may be entitled in connection with this action both now and in the future, in-
chiding but not being limited to:
a.) Notice of the appointment of aCommissioner-in-Chancery;
b.) Notice of the taping of depositions before the said Commis-
sinner- in-Chancery or otherwise, or the presentation of evidence directly to
the Court;
c.) Notice of the filing of any report by a Commissioner-in -Chan-
cery; and
d.) Notice of entry of the final decree of divo
Y.
Commonwealth/State of ~~~~tl~.'d,/1,(County/City of (~'.~L~~~~ .
This document was subscribe d sworn to before me, the undersigned No-
tary Public, by BRYAN FRATEL ,this ~_ day of , 1997.
'~ Notary Public
My Commission Expires: NotariafSeal A CQPY TASTE. '
East Whiteland Twp:, Chester County
fratel3.sam A~rey ~ a e ~ J~~f~1 `I-, TREY, C~ERt~
My Commission Expires Aug. 18, 2001
Member, Pennsylvania Association of Notaries ~~.
2 Date: - '~ %e~c
Origina4 retained in the affice of
the Cle. k oi' the Circuit Caurt of
Fairfax Coiant}r, Vir~ir-ia
c, t
VIRGINIA:
IN THE CIRCUIT COU
AMY E. FRATELLO
6242 Hidden Woods Court, # 13
Springfield, Virginia 22152
Plaintiff
RT FOR FAIRFAX COUNTY
1
1
vs.
BRYAN FRATELLO
Sub Base New London
Building 379
O'Kane Hall
Shark Blvd.
Groton, Connecticut 06339
Defendant
Chancery No. 150923
FINAL DECREE OF DIVORCE
FROM THE BONDS OF MATRIlVIONY
THIS CAUSE came on to be heard in proceedings ore tenus ("proceedings")
on the date of entry of this decree upon Plaintiff s motion made pursuant to Vir-
ginia Code §20-121.02 for a decree of divorce from the bonds of matrimony on
the grounds set out in Virginia Code §20-91, the statutory separation period set
out therein having elapsed. Service of the Bill of Complaint and a subpoena in
chancery and notice of these proceedings were waived by Defendant. At these
~ proceedings Plaintiff and a witness testified and exhibits were received into
evidence.
v
AND IT APPEARING TO THE COURT, independently of the admissions of
either party in the pleadings or otherwise, that:
1. Plaintiff is a bona fide resident and domiciliary of the Commonwealth of
~ Virginia and has been the same for at least six months immediately prior to the
1
:J
7~J1
commencement of this action. The parties' current residence addresses are given
in the caption hereof.
2. The parties hereto were lawfully married on March 16, 1991, in Idaho
Falls, Idaho.
3. Plaintiff is not an active-duty member of the armed forces of the United
States of America; however, Defendant is an active-duty member of the armed
forces of the United States of America. Defendant has waived his rights under the
Soldiers and Sailors Civil Relief Act.
4. Both parties hereto are over the age of eighteen (18) years and are other-
wise competent.
5. One child was born of the union of the parties hereto, Elaina Fratello,
Date of Birth: December 5, 1994; however, no other child is expected to be born
of their union, and no child has been adopted by either or both of these parties dur-
ing their marriage to one another.
6. On or about August 10, 1996, the parties hereto separated from their
marital home located at 9070 Gavel Wood Ct., Springfield, Virginia 22153 (the
"separation"), and such separation has remained uninterrupted and without any co-
habitation since August 10, 1996.
7. At the time of the separation, Plaintiff intended to permanently remain
separate and apart from Defendant, and Plaintiff s intention to remain permanently
separate and apart from Defendant has not changed since the parties' separation.
8. There is no hope whatsoever that the parties will ever reconcile.
9. The parties entered into a written marital agreement (Exhibit A, at-
tacked) under the authority found in Virginia Code §20-155, which, collectively,
determined and settled all questions of property, support, and all other rights and
2
responsibilities arising out of their marriage to one another.
NOTICES and INFORMATION:
Pursuant to §20-60.3, Code of Virginia, the parties are hereby notified of the
following provisions of Virginia law and the parties hereby represent to this
Court that the information provided below is true information:
1. Support payments may be withheld as they become due pursuant to
§20-79.1 or §20-79.2, from earnings as defined in §63.1-250, without further
amendments of this Order or having to file an application for services with the
Department of Social Services.
2. Support payments may be withheld pursuant to Chapter 13 (§63.1-249,
et seq.) of Title 63.1 without further amendments to the order upon application
for services with the Department of Social Services.
3. A duty of support is owed for the following children of the parties:
Name Date of Birth Resides With
Elaina Fratello 12/5/94 Mother/Plaintiff
4. The following is true information regarding the parties subject of this
Order:
Person responsible for paying child support is the: [ ]Mother; [x) Father.
Mother: Name: Amy E. Fratello; DoB 2/15/66
SSN: 211-48-7022 Driver's License #: 211-48-7022 -State: Virginia
Residence: Emplo~~er
Address: 6242 Hidden Woods Ct., # 13 Employer: Private Healthcare Systems
3
Springfield, Virginia 22152
Address: 3141 Fairview Park Dr.
Telephone #: 703-913-7396
Suite 670
Falls Church, Va. 22042
Telephone #: 703-846-0585
Mailing Address if different from residence: Same.
Father: Name: Bryan P. Fratello DoB: 3/31/66 SSN: 467-37-8488
Driver's License # F634-075-66-111-0 State: Florida
Residence:
Address:
Emnlo,
Employer: U.S. Navy
9$-707 ~~lo ~,ac..~ ~ ISa/
Telephone #: (610) 594-0788
Address: USS San Francisco (SSN 711)
FPO AP 96678-2391
Telephone #: (808) 471-0506
Mailing Address if different from residence: same.
Note: If any of above information is not provided because of an exception pur-
suant to §20-60.3.4, state the exception: No exceptions.
5. A petition may be filed for the suspension of any license, certificate, reg-
istration or other authorization to engage in a profession, trade, business or oc-
cupation issued by the Commonwealth of Virginia to a person responsible for
support as provided in §63.1-263.1, upon a delinquency for a period of ninety
days or more or in an amount of $5,000 or more.
Neither party holds any such license, certificate, registration or
authorization.
4
6. The Order of this Court as to the amount and terms of the child support
and spousal support are set forth in the support provisions of this Order, found
in the attached Exhibit A, Paragraph 23. Support will continue to be paid for
any child over the age of eighteen who is (i) a full-time high school student, (ii)
not self-supporting and (iii) living in the home of the party seeking or receiving
child support until such child reaches the age of nineteen or graduates from
high school, whichever first occurs.
7. The Orders of this Court as to health care coverage for children, spouse
or former spouse and any policy information are set forth in the health care
provision of this Order, in the attached Exhibit A, Paragraph 9. Specifically,
the child of the parties shall be maintained on GRAMPUS/TRICARE health
care coverage provided by the U.S. Department of Defense for dependents of
members of the U.S. Military as a benefit of the husband's employment;
GRAMPUS/TRICARE identifies the child's qualification for services based
upon the husband's social security number: 467-37-8488 (this serves as the
equivalent of a policy number). ~ o h ~.1~ ~~ ~~ c<~~.,~ , 5 ~~ ~_
p ~~', ~~~' ~ ,- ~~T-.~r- spy.. s r._ b~ ~ itF,~r- s~~--~ .
8. The Order of this Court as to the amount and terms of any arrearages in
support are set forth in the arrearage provision of this Order. There are no ar-
rearages at this time.
9.&10. If support provided in this Order becomes payable through the De-
partment of Social Services (DSS), the parties shall give each other and DSS at
least thirty days' advance written notice of any change in address or telephone
number, and in addition, the delinquent obligor shall inform DSS of the name,
address and telephone number of his/her current employer.
5
11. The separate amounts due to each person under this Order for child sup-
port, for spousal support or for a unitary award, or the affirmation of a separa-
tion agreement, are set forth in the support provision of this Order.
12. In determination of a support obligation, the support obligation as it be-
comes due and unpaid creates a judgment by operation of law.
13. The Department of Social Services may, pursuant to Chapter 13
(§63.1-249, et seq.) of Title 63.1 and in accordance with §20-108.2 and
§63.1-252.2, initiate a review of the amount of support ordered by any court.
UPON CONSIDERATION WHEREOF, it is therefore,
ADJUDGED, ORDERED, AND DECREED that:
1. Plaintiff be, and she hereby is, awarded a final decree of divorce from
the bonds of matrimony with Defendant on the ground that the parties have lived
separate and apart without any cohabitation and without interruption since August
10, 1996, a period in excess of one year (Code §20-91(9)).
2. The attached Exhibit A is affirmed, ratified, and incorporated (but not
merged) into this final decree of divorce, and the parties shall comply with the
terms thereof (Code §20-109.1).
3. The Clerk of Court shall forthwith issue certified copies of this Decree to
counsel of record and pro se parties.
4. Kenneth T. Cuccinelli II, Esquire is released as counsel for his party to
this action, thirty one (31) days after entry of this order.
6
~ ~
5. Both parties shall share joint legal custody of the parties' minor child,
and Plaintiff shall have physical custody of the parties' minor child, with liberal
and reasonable visitation as per Exhibit A, attached.
6. Defendant shall pay to Plaintiff $950 per month, payable in two install-
ments of $475 on the first and fifteenth of each month commencing immediately,
for child support of the parties' minor child.
7. Either party who intends to relocate his or her residence shall give thirty-
days advance written notice of any such intended relocation and of any intended
change of address, said notice being given to both the other party and to this
Court.
ENTERED this 3 day of ~~, 199
AND THIS CAUSE IS ENDED.
WE ASK FOR THIS:
AMY FRATELLO
Plaintiff
IL
Kenneth T. Cuccinelli II, Esquire
Counsel for Plaintiff
Penthouse 15, 10560 Main Street
Fairfax, Virginia 22030-7182
703-385-9330
fratel7.sam
Circuit Judge
BRYAN FRATELLO
Defendant
A COPY TESTS:
~oH~ T. ~~EY, c~E~K
RY;
D~te:~ - ~-~o etc
Original retained in the office cif
7 the Glerk of the Circuit ~,ouu-t of
FRirfax r:a~~xity, ~irgir~ia
~A7.'~
PROPERTY SETTLEMENT AGREEMENT J~a~
.. CASE #
. THIS AGREEMENT, made and entered into this ~ day of
19 ~~, by and between BRYAN P. FRATELLO, hereinafter referred
to as the Husb and AMY E. FRATELLO, hereinafter referred to as the Wife.
WITNESSETH
WHEREAS, the parties hereto were married on the 16th day of March, 1991, in Idaho
Falls, Idaho and have been and are now husband and wife; and
WHEREAS; there is one child of this mamage, namely ELAINA ANN FRATELLO,
born December 5, 1994.
- WHEREAS, the Wife was not pregnant on the date of separation stated herein, and
WHEREAS, differences have arisen between them, and the relations between the parties
are and have been of such a nature as to render the separation a matter of necessity for the health,
welfare and happiness of both, on account of which the parties separated on August 10, 1996, and
intend to live separate and apart for the rest of their natural lives; and
WHEREAS, it is the desire of both finally and for all time to settle, adjust, compromise,
and determine their property rights, all rights of support and maintenance by either party against
the other by reason of their mamage, all dower, curtesy, alimony, property, and homestead rights,
and any and all other rights existing between the parties growing out of the marriage relation.
NOW THEREFORE, in consideration of the premises, the considerations hereinafter
mentioned, the mutual promises herein made and acts to be performed by them, the parties have
agreed as follows:
1. SEPARATION OF THE PARTIES: The parties may and shall at all times after the date of
permanent separation live and continue to live separate and apart for the rest of their natural lives.
Each shall be free from interference, authority and control, either direct or indirect, by the other as
fully as if he or she is single and unmarried. Subject to the provisions of this agreement, each may
reside with such person or persons, friends or relatives as he or she may select. The parties shall
not molest each other or compel or endeavor to compel the other to cohabit or dwell with him or
her. This separation took place with mutual consent. It may not be used as the basis for a charge
of desertion or constructive desertion against either party. Each party agrees not to seek a
divorce from the other on any ground except a no-fault ground based upon a marital separation.
2. ACCEPTANCE AND MUTUAL RELEASE: Each of the parties receives the property set
apart to him or her and the undertakings hereof in full and complete settlement and release of all
claims and demands of every kind, name or nature against the other party hereto, including all
liability now or at any time hereai~er existing or accruing on account of maintenance, alimony
(tempo or nent), dower, curtesy, equitable distributio f property, or other allowances,
~ /~
B YAN . FRATELLO AMY E. FRATELLO
Page 1 of 12 Pages
either statutory or arising at common law, incident to the marriage relations; and after this
settlement the Husband and Wife shall require nothing whatever of the other, except as herein
provided, as though the marriage relation between them never existed.
3. WAIVER OF CLAIM AGAINST ESTATE: The Wife agrees that the estate of the
Husband shall belong to the person or persons who would have become entitled thereto if the
Wife had died during the lifetime of the Husband; and the Wife further agrees that she will not
contest any Will of the Husband to be probated, and she will allow administration upon his estate
to be taken out by the person or persons who would have been entitled to do so had the Wife died
during ±he lifetime of the Husband. The Husband agrees that the estate of the Wife shall belong
to the person or persons who would have become entitled thereto if the Husband had died during
the lifetime of the Wife; and the Husband further agrees that he will not contest any Will of the
Wife to be probated, and he will allow administration upon her estate to be taken out by the
person or persons who would have been entitled to do so had the Husband died during the
lifetime of the Wife. Each parry releases to the other and to the heirs, executors, administrators
and assigns thereof all claims or rights of dower, curtesy, or inheritance, descent, distribution,
election or alimony (except that accruing under the provisions of this agreement) in and to all
property, real or personal, of the other, whether now owned or hereafter acquired.
4. PERSONAL EFFECTS: All items of personal effects such as, but not limited to, clothing,
jewelry, luggage, sports equipment, hobby collections and books, but not including furniture or
any property, personal or otherwise, specifically disposed of pursuant to this agreement, shall
become the absolute and sole property of that party who has the principal use thereof or to whom
the property was given or for whom it was purchased, and each party hereby surrenders any
interest he or she may have in any such tangible property of the other.
5. DIVISION OF PERSONAL PROPERTY: Each of the parties shall henceforth own, have
and enjoy, independently of any claims or rights of the other party, all items of disclosed personal
property of every kind, nature and description and wheresoever situated, which are now owned or
held by or which may hereafter belong to the Wife or Husband, with full power to the Husband or
Wife to dispose of the same as fully and effectively, in all respects and for all purposes as if he or
she were unmarried. All items of disclosed personal property are divided to the mutual
satisfaction of the parties. Those items of personal property not specifically mentioned iii this
agreement shall become the sole separate property of the party who has possession of said
property.
6. HOUSEHOLD FURNISHINGS AND EFFECTS: The parties hereby agree to distribute all
household furnishings and effects owned by them in a fair and equitable manner, keeping in mind
the fact that the principle household of the child shall remain with the Wife, the physical needs of
the child, and that it is in the child's best interests to maintain a household furnished with the
child's household furnishings and effects in order to lessen the changed circumstances in the child's
life. To the extent that any specific item brought into the marriage by Wife (or acquired as a gift
during the mamage) is not included in such list is shall be hers to keep as well. Husband shall be
entitled to keep all items of household furnishing and effects not provided for below.
~~~~ ~
BR AN P. TELLO AMY E. FRATELLO
Page 2 of 12 Pages
The Wife shall have, as her sole and separate property, the following:
1. 2 pink beach chairs
2. power rider
3. bike/bike helmet
4. backpack
5. cat/all cat supplies
6. girl feeding rabbits print
7. large dried wreath
8. folk art cat prints (2)
9. Matisse print
10. embroidered throw
11. Iris oil painting
12. Amish print
- 13. all Leah Shunk art
14. all photos
15. grandmother's cranberry chinaware
16. wild flower dessert plates (6)
17. Spode Christmas plates (2)
18. Spode creamer and sugar
19. crockpot
20. small microwave
21. hostess basket
22. cast iron skillets
23. all cookie tins
24. french white casserole set
25. longaberger stoneware and baskets
26. 8 sets cranberry dinnerware
27. all Atlantis Chartre crystal
28. Lenox crystal vase
29. all Christmas decorations
30. antique books
31. sheet music chest
32. light blue upholstered rocking chair
33. all Thomasville furniture
34. all Stanley furniture
35. one queensize mattress set and frame
36. cranberry pillows
37. cranberry drapes
3 8. wind chimes
39. painted slate
40. cook books
41. 1 set queensize sheets
42. old fashioned floor lamp
~ 43~ hy~ricane lamp
BRS(AN P. F~A~TE~LO
f~ /~ /
AMY E. FR.ATELLO
Page 3 of 12 Pages
44, brass column candlestick holders
45. small Amish book shelf
46. telephone/clock radio
47. Amish quilt
48. 2 standard pillows
49. sewing machine
S0. iron/ironing board
51. plants
52. tea kettle
53. linen napkins
54. crochet doilies
7. ALLOWANCES TO THE PARTIES: The parties agree and acknowledge that neither party
desires any support from the other party and each hereby expressly waives any and all claims to
such support. Each party further releases and discharges the other party from any and all claims
to temporary or permanent alimony, support and maintenance.
8. MAINTENANCE FOR HOSPITALIZATION FOR THE WIFE: Husband agrees to
maintain Wife's eligibility to utilize the medical and hospital services (including GRAMPUS)
available to the Wife through. the Armed Forces of the United States of America. Wife shall be
responsible for all costs of any medical and dental services, hospital care, and medicines provided
to her not covered under the provisions of the current Armed Forces medical care program,
including, but not limited to the payment of all Champus supplements, deductables, or
co-payments as they may come due. Wife agrees to notify the Husband of all medical expenses
and to assist and cooperate in the filing and processing of all GRAMPUS/insurance claims. The
parties understand that the eligibility of the Wife to use such privileges may terminate upon the
granting of a final divorce. Each party agree that as of the date of execution of this Agreement,
there are no outstanding medical bills for which the other maybe held liable.
9. MAINTENANCE OF HOSPITALIZATION FOR THE CHILD: Husband agrees to
maintain Child's eligibility to utilize the medical and hospital services (including GRAMPUS)
available to the Child through the Armed Forces of the United States of America. The Wife
agrees to utilize medical and hospital services available to the child from the Armed Forces,
including GRAMPUS, while Child is in the Wife's custody. The Husband and Wife shall each pay
one-half of all necessary costs of any medical and dental services, hospital care, and medicines
provided to child not covered under the provisions of the current Armed Forces medical care
program, including, but not limited to the payment of all Champus supplements, deductables, or
co-payments as they may come due. Wife agrees to notify the Husband of all medical expenses
and to assist and cooperate in the filing and processing of all GRAMPUS/insurance claims. In the
event that the child should require braces or orthodontia, the Husband and Wife shall each pay
one-half of those expenses.
10. HOSPITALIZATION AND MEDICAL CARE OF THE CHILD IF NO LONGER
ENTITL TO PROVIDED BY THE ARMED FO CES: In the event that th
,:
BRY P. TELLO AMY E. FRATELLO
Page 4 of 12 Pages
Husband leaves. the United States Armed Forces other than by retirement, the parties agree that
comparable health insurance coverage shall be procured for the benefit of the minor child. The
parties agree that the parry who can obtain the lowest cost insurance will obtain the policy. Each
party will be responsible for satisfying fifty percent (50%) of the premium amount and fifty
percent (50%) of the minor child's reasonable and necessary medical, dental and optical expenses
not covered by the health care insurance.
11. DIVISION OF REAL PROPERTY: The parties own in fee simple, a
residence located~at 110 Bay Tree Court, Kingsland, Georgia 31548. The following disposition
shall be made of the said real property:
A. The parties are obligated jointly on a mortgage on the property. Husband
agrees to accept full responsibility for the property, including the payment of all mortgages, notes,
=debts, taxes, obligations, repairs or other such fees. Wife agrees to transfer fo Husband all right
.title and interest in the property upon the refinancing or sale of such property. In any event,
Husband agrees to re-finance the joint loan on the property into his sole name or jointly with
someone other than the Wife either within two and one-half years (30 months) of execution of this
Agreement or within 90 days of final divorce, whichever occurs first. If property is sold before
Wife transfers her interest to Husband any equity (or deficiency) in home shall be sole property of
the Husband. Husband further agrees to indemnify and hold harmless the Wife for all claims,
debts or obligations, including all legal fees incurred in defending any such action arising out of or
associated with in any manner, the property. Wife agrees to execute all necessary documents to
transfer her interest in the property, however, Wife shall not be required to tender any form of
deed until her name is removed from and she is no longer liable for any mortgage secured by the
property.
B. The parties hereby acknowledge that the provisions of section 1041 of the
Internal Revenue Code apply to all transfers of property under this agreement. The parties
understand that section 1041 applies to all property transferred between spouses incident to the
divorce. The parties further understand that the effect for Federal income tax purposes of having
section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse or former
spouse as a result of the transfer; and (2) the basis of the transferred property in the hands of the
transferee is the adjusted basis of the property in the hands of the transferor immediately before
the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or
greater than its fair market value at the time of the transfer. The parties understand that if the
transferee spouse or former spouse disposes of the property in a transaction in which gain is
recognized, the amount of gain which is taxable may be larger than it would have been if section
1041 did not apply.
B YAN P. TELLO
f~ G"
AMY E. FRATELLO
Page 5 of 12 Pages
12. MOTOR VEHICLES:
a. The parties agree that the 1992 Honda Accord LX, now owned by the parties titled in
the name of the Wife, shall be the property of the Wife. The Wife agrees to hold Husband
harmless as to the operation, maintenance, and all financial responsibilities arising out of the
ownership of said motor vehicle.
b. The parties agree that the 1992 Isuzu Truck, no~v owned by the parties titled in the
name of the Husband, shall be the properly of the Husband. The Husband agrees to hold Wife
harmless as to the operation, maintenance, and all financial responsibilities arising out of the
ownership of said motor vehicle.
c. The parties agree that the 1996 Suzuki Motorcycle, now owned by the parties titled in
-the name of the Husband, shall be the property of the Husband. The Husband agrees to hold Wife
harmless as to the operation, maintenance, and all financial responsibilities arising out of the
ownership of said motor vehicle.
13. BANK ACCOUNTS: All sums on deposit in checking and savings accounts owned by both
of the parties have been amicably divided between the parties and all such accounts owned by
both of the parties have been terminated prior to the execution of this agreement. The parties
may continue to maintain any individual or separate checking and savings accounts, and all sums
therein remain the separate property of the party who maintains the separate accounts.
14. CREDIT CARDS: There are no jointly owned credit cards.
15. CASH: All cash owned by either or both parties has been amicably divided prior to the
execution of this agreement.
16. STOCKS AND BONDS: The parties have no jointly owned stocks or bonds.
17. MILITARY BONUS: The parties understand that Husband expects to receive a military
bonus of approximately $12,000 per year for at least the next 3 yeazs and Wife agrees that said
bonus shall be the sole property of the Husband.
18. WAIVER OF CLAIMS AGAINST RETIREMENT BENEFITS OR OTHER
PROPERTY TITLED IN SOLE NAMES: The parties agree to waive any claim they each may
have against the retirement benefits, military or civilian pension plans, individual retirement
accounts, 401 K programs, profit sharing programs, Keogh plans or similar retirement benefits to
which the other party is presently entitled to may become entitled to in the future. Subject to
future distributions as provided herein, the parties acknowledge that as of the time of execution of
this Agreement that they have within their possession, custody and control all assets from the
marriage which each claims or believes to belong to him or her. The parties covenant and agree
to forever waive, release and discharge any and all claims they may now have or may ever
~A~
d'f ~ '
BRY P. TELLO AMY E. FRATELLO
Page 6 of 12 Pages
hereafter acquire to assets of any sort, type or kind that are presently in the possession or may
ever hereafter come into the possession of the other.
19. LIFE INSURANCE: The Husband shall maintain life insurance upon the Husband's life
payable to the Wife for the benefit of the child providing an unencumbered benefit upon the
Husband's death of $100,000.00 for so long as the Husband is required to make support payments
under the terms of this agreement. To the extent necessary, the Wife shall use the proceeds of
such policy for the health, welfare and benefit of the child. The Wife shall maintain and invest the
unused proceeds for the benefit of the child until the child reaches the age of eighteen, at which
time Wife may apply such benefits towards a college education. Should the child choose not to
attend college, the Wife shall retain the proceeds until the child reaches the age of twenty-one
(21) at which time she may distribute one-half of the funds remaining, Wife shall distribute the
balance remaining to said child on her 25th birthday.
'20. DEBTS: The parties have certain debts as follows:
Name of Creditor Balance Monthly Payment
a. GE Capital Mortgage Company $68,000 $670.00
#0705427110
(Mortgage)
Husband shall be responsible for debt (a) as listed above and keep Wife free, harmless and
indemnified from said debt. Both parties agree that, other than those obligations specifically
identified herein, all joint credit cards, mortgages, installment loans, revolving charge accounts,
car loans or other such evidence of joint debt were repaid in full prior to execution of this
Agreement and that there are no outstanding balances for which the parties maybe liable jointly.
In the event that the parties discover after execution of this Agreement that some mutual or joint
debt existed prior to execution of this Agreement, such debt shall be repaid promptly by the party
that incurced (signed for or approved) such debt or for whose benefit the debt was incurced. If
the after discovered debt was incurced for the mutual benefit of the parties while they were
marcied, then each party shall be responsible for payment of one half (50%) of the debt.
The parties shall be individually and solely responsible for any other debts.which are
outstanding now or which are incurred by either individual as fully as if they were not married
persons. The Husband hereby covenants and agrees that he will not at any time hereafter contract
any debts, charges, or liabilities whatsoever for which the Wife or her property or her estate shall
or maybe or become liable or answerable, and the Husband hereby covenants and agrees that he
will at all times hereafter keep the Wife free and harmless from any and all debts or liabilities
which may have been incurred by the Husband after the date of their separation. The Wife hereby
covenants and agrees that she will not at any time hereafter contract any debts, charges, or
liabilities whatsoever for which the Husband or his property or his estate shall be, or may be, or
become liable, or answerable, and the Wife hereby covenants and agrees that she will at all times
hereafter keep the Husband free and harmless from any and all debts or liabilities which may have
been incu by ife after the date of their separation.
BR AN P. TELLO AMY E. FRATELLO
Page 7 of 12 Pages
21. JOINT CUSTODY: The parties agree that it is i~n the best interest of the minor child that the
responsibility for the care and custody of said child be shared jointly. The parties understand that
the term "joint custody" means that both parties have equal rights concerning and responsibilities
to their minor child and that neither party's rights are superior. The parties further understand that
this agreed custody arrangement is subject to the orders of the appropriate Court. In accordance
with their joint responsibilities, the parties shall consult and agree with each other with respect to
the minor child's discipline, education and religious training, summer camp selection, illnesses and
operations (except in emergencies), health, welfare and other important matters affecting said
child.
a. SCHEDULE OF RESIDENCE. The primary residence of the minor child shall
be with the Wife. It is the intent of the parties that the physical residence of the minor child shall
always be subject to the agreement of the parties and in consideration of the wishes of the minor
-child.
b. PARENTAL CONTACT. The parties agree that it is in the best interest of the
child to provide the maximum opportunity for parent/child contact with the parent not in
residence with the child and that such contact shall be determined by mutual agreement with the
other party. It is understood that the parent/child contact should include reasonable notice by the
nonresidential parent of his intent to exercise the parent/child contact and that the child's desires
should be taken in to account. Maximum opportunity for parentlchild contact further implies that
each party shall follow through on any parent/child plans agree upon, but if circumstances beyond
control make planned contact impossible, notice of cancellation of contact shall be made with the
same consideration for each other that is presumed in the initial arrangements for parental contact.
In the event that either party moves, the parties agree to set forth reasonable and specific
visitation rights, in writing and subject to the review of the District Court.
c. ADDRESS AND TELEPHONE NUMBERS. Each party shall keep the other party
informed of his or her current home address, home telephone number, business address and
business telephone number.
d. DISCLOSURE OF EXTENDED ABSENCE. Each party shall inform the other of
any plans for travel or prolonged absence involving the minor child.
e. II.LNESS. Each parent shall promptly notify the other in the event of any illness or
disability affecting the child residing with that parent. In the event that one parent believes that
the Child requires physical or psychological therapy and the other parent disagrees, the matter
shall be presented to a professional psychologist/therepaist for determination. If the
psychologist/therapoist approves or recommends such treatment, the treatment shall be rendered.
The parties shall share the cost of such treatment.
f. MEDICAL INFORMATION. Each parent shall be entitled to receive complete
information from any physician attending the child and to be furnished with copies of any reports
given furnishing the said informa#ion.
BR AN P. TELLO
C~21
AMY E. FRATELLO
Page S of 12 Pages
22. VISITATION OF THE CHILD: The Husband shall have reasonable visitation with the said
child, and he shall give the Wife reasonable notice of his intention to exercise said visitation and
he shall advise the Wife of where he is taking the child and the time when they will return. The
Husband shall have the right to a thirty (30) day visit during the child's summer vacation; the
Husband may take the child away from the Wife's residence. The Husband shall have the right,
during alternate years, to visitation during the Christmas holiday season. This visitation shall
begin at 6:00 p.m. on December 19th or as soon as the child is out of school on Christmas recess
and extend to 6:00 p.m. on December 26th or seven (7) days after the child is released from
school, whichever comes later. The Husband may take the child from the Wife's residence during
this visitation. The Husband shall have the right, during alternate years, to visitation during
Thanksgiving. This visitation shall begin Thanksgiving Day and extend through Sunday of that
week; again the Husband may take the child from the Wife's residence. The Husband agrees to
give 48 hours notice prior to effecting visitation. It is the intention of the parties that visitation
°during the Thanksgiving and Christmas holidays be exercised by the Husband during one but not
both of those holidays in a given year. Failure of the Husband to exercise visitation in accordance
with the minimum provisions set forth herein does not constitute waiver of his visitation rights for
any subsequent year. The parties agree that Husband's visitation shall not be restricted due to the
distance between Husband's and Wife's residence. Wife agrees that Husband's parents may
transport child to his residence for visitation.
23. SUPPORT FOR THE CHILD: The Husband agrees to pay the Wife the sum of $950.00
per month, commencing on August 15, 1996, (payable in equal installments of $475.00 paid on
the 1st and 15th day of each month) until such time as each child attains the age of 18 years, dies,
marries, becomes self-supporting, no longer make her primary place of residence with the Wife, or
is otherwise sooner emancipated, whichever occurs first, exceQt that the aforesaid amounts shall
continue to be due and payable for any child who is not otherwise emancipated but who becomes
18 years of age before graduating from high school. In that case, the payments shall continue
until the child graduates from high school, but in no case beyond the child's 20th birthday. Upon
the happening of any of the forgoing events, the child support payment to the Wife shall cease.
The parties agree that Child support payments due under this paragraph shall be recalculated on
April 15th of each year beginning in 1998 (with the new amount being paid in equal installments
on the 1st .and 15th day of each month beginning on May 1st of that year). The new amount shall
be the determined according to the Virginia Child Support Guideline model. If the parties cannot
reach an agreement concerning this amount, a court of competent jurisdiction may set the amount
of support for the child.
24. COUNSEL: Both the legal and practical effect of this agreement in every respect and the
financial status of the parties has been fully explained to both parties by legal counsel of his or her
own independent choice, and both parties acknowledge that this agreement is fair, reasonable, and
satisfactory to each, and is not the result or any fraud, duress or undue influence exercised by
either party upon the other or by any other person or persons upon either; and each has signed
this Agreement voluntarily and freely without any reservation whatsoever.
BR AN P. TELLO
l~
E. FRATELLO
Page 9 of 12 Pages
25. FULL DISCLOSURE: The Parties warrant, as a part of this agreement, that they have made
a full and complete disclosure of all property to the other party, and that they have no interest,
direct or indirect, equitable or legal, in any real property, bank account, certificate of deposit,
stocks, bonds, securities, precious metals, or other financial assets or other property of whatever
nature and wheresoever located, of a aggregate value in excess of Five Hundred Dollars
($500.00) which is not set forth or provided for herein, or otherwise disclosed to the other party.
26. OBLIGATIONS NONDISCHARGEABLE: It is mutually agreed by the parties hereto that
no obligations contained herein shall be dischargeable in bankruptcy, and that for this purpose, all
obligations of the parties shall be deemed to be in the nature of spousal or child support.
27. ADDITIONAL INSTRUMENTS: Each of the parties shall promptly execute and deliver
such deeds, title documents, releases, assignments, or other written instruments as may be
required from time to time to carry into effect fully the terms and conditions of this agreement
according to the true intent and meaning thereof.
28. PRIOR AND SUBSEQUENT AGREEMENTS: The parties hereto hereby cancel, annul
and invalidate any and all prior property settlements by them at any time heretofore made. All
modifications of this agreement shall be of no effect unless expressed in writing and executed with
the same formality as this agreement.
29. SEVERABILITY: If any of the provisions of this agreement are held to be invalid or
unenforceable by a Court of competent jurisdiction, such holding shall be construed in the
narrowest possible manner and all other provisions hereof shall nevertheless continue in full force
and effect.
30. RECONCILIATION: Areconciliation of the parties shall not cause the invalidation of the
executory provisions of this Agreement unless such reconciliation is memorialized in writing by
mutually executed written agreement, executed with the same formalities as this agreement.
31. GOVERNING LAW: This agreement shall be governed by and construed in accordance with
the laws of the Commonwealth of Virginia in effect on the date of its execution.
32. ENTIRE AGREEMENT: The parties agree that this agreement contains the entire
understanding of the parties, there being no representations, promises, warranties, covenants or
undertakings other than those expressly set forth herein.
33. DUPLICATE ORIGINAL: This Agreement will be executed in two like copies, as duplicate
originals, any one of which maybe deemed the original.
34. BINDING EFFECT: All covenants, promises, warranties, stipulations, agreements and
provisions contained herein shall apply to, bind and be obligatory upon, the heirs, executors,
administrators, personal representatives and assigns of the parties hereto.
1 ~r ~ ,
BR AN P. TELLO AMY E. FRATELLO
Page 10 of 12 Pages
35. NOTIFICATIONS: Until discharged by the other from all obligations pursuant to this
Agreement, the parties shall keep each other advised of their current business telephone number
and the address of their current residence, and all notifications hereunder shall be effective if made
in writing and mailed first class, postage prepaid, to said address.
36. SUBSEQUENT DIVORCE: The parties hereto further agree that this Agreement constitutes
a waiver of all causes of action for divorce in the State of Virginia which either party has now or
may have hereafter against the other party, other than the grounds outlined in Virginia Code
Section 20-91(9), granting a divorce to either party upon proof of continuous uninterrupted
separation for a specified period; and constitutes a waiver of all causes of action for divorce in any
jurisdiction other than the State of Virginia which either party now has or may have hereafter
against the other party, except based upon separation or incompatibility.
X37. INCORPORATION INTO COURT ORDER: In the event an action for divorce is
;nstituted at any time by either party against the other in a Court of competent jurisdiction in this
or any other of these United States, the parties hereto agree that this agreement shall be disclosed
to the said Court with the request that this agreement be approved, ratified, and affirmed, and that
it be incorporated, but not merged, in its entirety into any decree of the said Court. The parties
agree that they shall be forever bound by all the terms of this agreement, and that, in the event the
said Court does not approve and incorporate this agreement into its order or decree, then the
agreement, in its entirety, shall nevertheless survive any decree or order of the said Court and
shall be forever binding and conclusive on the parties in every respect.
38. ATTORNEY'S FEES AND COURT COSTS: The parties agree that for the present and in
the future they each shall pay and be responsible for their own respective attorney's fees and court
costs.
BRYAN P. FRA LLO
Page 11 of 12 Pages
V
AMY E. FRATELLO
IN WITNESS WHEREOF The parties have signed and acknowledged this agreement in
duplicate originals as of the day and year written below their respective signatures.
`STATE OF ~ ~ /~ ~ 11.C~ ~
LLCOUNTY OF ~ to Wit:
I, _J~~ 15ti L.C' 1~~~Gt~J ~
the undersigned Notary Public, in and for the foregoing jurisdiction, do hereby certify that
BRYAN P. FRATELLO whose name is signed to the foregoing property settlement agreement,
has personally appeared before me in my jurisdiction aforesaid and acknowledged the same.
GIVEN under my hand this t aTh
day of 19~.
Public
My Commission expires: ~~ ~~~' ,
STATE OF ~U' (,ELI G~..
COUNTY OF ~a~~~X , to Wit:
- ~, ~'~,rv~.m,~ KQ,i-~~~s
the undersigned otary Public, in and for the foregoing jurisdiction, do hereby certify that
AMY E. FRATELLO whose name is signed to the foregoing property settlement agreement, has
personally appeared before me in my jurisdiction aforesaid and ackno~l~tl~.~,
.GIVEN under my hand this ~ ~ ~ ~Q~~ ~. FRFY, CL~t~~f
day of ~' ~~ • 19 ~'7 .
BRYAN LLO
Date: ,~/~ }=,~-;~ ~'
c . ~ ~ ~~~
AMY E. gTELL
Date: /
Notary Public ~ _ ,.
My Commission expires: (~ 3(~
BR AN P. TELLO
BY:
~ Date: _~~~~ ler~ .
~ginal retained in the office of
the Clerk of the Circuit Court of
P~'fax ~utity, `~u'$ini~t
~f~ ,~
AMY E. FRATELLO
Page 12 of 12 Pages
R
. -o
v
v
N
^~
c: ~a
R ~_- ~ ~,
_~
i_~_ ~ ~
C'~ --~- -rr c3
Lra ~ ~~'
.~ {C.? ~.
ca
k. t. «~
~S?-
~'~3 .~.7
4J '~ ,
G/Yo
Prothonotary's Office
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
To Whom It May Concern:
3 October 2007
Please consider this letter my formal request to register the enclosed judgment for
enforcement, only.
Pertinent information follows:
My Name: Bryan P. Fratello (467-37-8488)
Date of Birth: 03/31/1966
Address: 5792 Tortuga Rd., San Diego, CA 92124
Ex-Wife's Name: Amy E. Fratello
Date of Birth: 02/15/1966
Address: 321 Stonehedge Ln., Mechanicsburg, PA 17055
Daughter's Name: Elaina Ann Fratello
Date of Birth: 12/05/1994
Address: 321 Stonehedge Ln., Mechanicsburg, PA 17055
Please find enclosed certified copies of my Divorce Decree and Property Settlement
Statement, and a check for $16.
Thank you for your consideration regarding this matter.
GU,~_ ,c.u-.e,,k.e~
L~~ ~,
Very Respectfully,
B an Fratello