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HomeMy WebLinkAbout07-6863DONATO MARK DINELLO, SR., Plaintiff, VS. ESTELLE MARIE DINELLO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D'1- 108103 Civil farm CIVIL ACTION - LAW IN DIVORCE N O T I C E TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 7 ?G3 CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with § 3302(d) of the Divorce Code, you may request the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- (,F63 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, DONATO MARK DINELLO, SR., by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is DONATO MARK DINELLO, SR., an adult individual who currently maintains a Pennsylvania address at 1763 Creekview Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. Plaintiff is active in the United States Army and has a mailing address of PSC 303 Box 78, APO AP 96203. Plaintiff may be served all legal papers through his counsel at 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011. 2. The Defendant is ESTELLE MARIE DINELLO, an adult individual who currently resides at 236 Fineview Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 24, 1973, in Etna, Pennsylvania. 5. The Parties separated in 2003, when Plaintiff purchased a home in Tennessee and moved his primary residence there, and the parties indicated their intent to separate and eventually divorce. 6. Defendant is not in the military 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. Plaintiff is in the military 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, namely the United States Army. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. Respectfully Submitted, KOPE & ASSOCIATES Date: ` S D '7 ? Lesley ?e , Esq. VERIFICATION I, Donato Mark Dinello, Sr., the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: O 4,4 S. Donato Mark Dinello, Sr. 404- ti ?X v r -P ?1 .R KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 abeam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6863 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT AND RETURN OF SERVICE AND NOW comes Kope & Associates, LLC by LESLEY J. BEAM, attorney for Donato Mark Dinello, Plaintiff, and states that service of the Divorce Complaint in this matter was made by him upon Defendant, Estelle Marie Dinello, by posting the same in the U.S. Mail, postage prepaid, at Camp Hill, PA by Certified Mail No. 7004 2510 0007 6450 1684, Return Receipt Requested on November 26, 2007, to her mailing address, at 236 Fairview Road, Camp Hill, PA 17011 which mail was received by Defendant on November 30, 2007, all in accordance with PA.R.C.P. 412 and 403. The mailing receipt and the return receipt or true copies thereof of the acceptance of service bearing the signature of the Defendant are attached hereto and made part hereof, together with the cover letter mailed to Defendant. r LESLEY AM, sq. Attorney Plaintiff IV KO&PE ASSOCIATES LAW OFFICES LLC VIA REGULAR MAIL & CERTIFIED MAIL Estelle Dinello 236 Fineview Road Camp Hill, PA 17011 Re: Dinello v. Dinello No. 07-6863 Dear Ms. Dinello, November 26, 2007 I represent Donato Mark Dinello, Sr. in the above referenced matter for divorce. Enclosed and served upon you is the Divorce Complaint filed with the Cumberland County Court of Common Pleas. I am sending these papers to you directly because I have no information that you are represented by an attorney. I am also enclosing an Acceptance of Service for this Complaint Please sign and return in the enclosed self-addressed stamped envelope. If you do not either return the Acceptance of Service or sign the receipt for the certified letter, this office will have to officially serve this Complaint by Sheriff at your place of residence. If you have any questions, please feel free to contact me. But, please be aware that I cannot give you legal advice because I represent Mr. Dinello. Thank-you for your kind attention to this matter. Sincerely, KOPE ASSOCIATES, LLC r• Lesle .Bun, Esq. Enclosure Cc: Donato Dinello Shane R Kope, Esq. ¦ Jacob M Jividen, Esq. ¦ Lesley J. Beam, Esq. Smart Representation 466o Trindle Road ¦ Suite 201 t Camp Hill, PA 17011 P 717.761.7573 • F 717.761.7572 ¦ kopelaw.com SENDER: • • ¦ Complete items 1, 2, and 3. Also complete A Signature Item 4 If Restricted Delivery is desired. X 1 ¦ Print your name and address on the reverse AAA ?-e so that we can retum. the card to you. B. Received by Printed I of Iv ¦ Attach this card to the back of the mailpiece, 6:5 7-F: 11A)z - Alp or on the front if space permits. D. Is delivery address different 19 1. Article Addressed to: j? If YES, enter delivery address bw: 6 L 44 r 3. Service Type 0 Certified Mail 0 Express Mail 'y ? Registered 0 Return Receipt for Merchandise t ! D (? 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number (isanslter from service 7004 „2:510 13007- 64511 16 814 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 : Postal Service CERTIFIED MAI L REC EIPT CE) _a I No in D(Domestic Mail • surance C • vera ri ' O r11 . J SE -0 Poefape $ c? CerBfted Fee . &-'r I= Posbnarit C3 C3 Rawm Receipt Fee (Endorsement RM01190) Here - r-3 ReWI&Ad Delmy Fee ru Total Poewge & Fees $ 0"6 J C3 ' U?qo ? ? "I i.6 --- _.------------- .----- _ ..- or PO SaxNa --- ._ f `=-------------- CJtp, SGSe9 ZIP44 ;? l n 1-'a 1-7 U r l p"o 1 ti ?3? is KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 13, 2007. 2. The complaint was served by first class and certified mail, said Certified Mail receipt signed by Estelle Marie Dinello, Defendant, on November 30, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 2 Donato Mark Dinello, Sr. e'°, ?,, C:- r_y __ ?? ? _. ram `; ? . ;.: ,? 1r? r ..._, _ =,t, - _? ,,. ? f _ f'\?,J X11 w ? i -_?^ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6863 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: VY , Donato Mark Dinello, Sr. r.a c„a3 Ci KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff, DONATO MARK DINELLO, SR., moves this court to appoint a Master with respect to the following claims: Equitable Distribution of Marital Property and in support of his motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant, Estelle Marie Dinello, is not represented by counsel. 3. The statutory grounds for divorce in this matter are those set forth in section 3301(c) of the Divorce Code. 4. The action is contested with respect to Plaintiffs claims for equitable distribution of the parties' marital property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1) day. WHEREFORE, Plaintiff, Donato Mark Dinello, Sr. respectfully requests that the court appoint a master with respect to his claim for Equitable Distribution of Marital Property. Respectfully Submitted, KOPE & ASSOCIATES, LLC J. Beam, Esquire v for Plaintiff Dated: VERIFICATION 1, Donato Mark Dinello, Sr., the Plaintiff in this matter, have read the foregoing Motion for Appointment of a Master. I verify that my averments in this Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. l-ifV=?1 Dated: &A-? Donato Mark Dinello, Sr. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 15th day of May, 2008, 1 served a true and correct copy of the foregoing Motion to Appoint a Master via regular U.S. First Class mail, postage prepaid, addressed as follows: Estelle Marie Dinello 236 Fineview Road Camp Hill, PA 17011 KOPE & By: .TES, LLC CdsleyB'eam, Esq. I.D. 9 5 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 €..a ?_J ? C:y ' ?' ? T r f"" r, ? ..r., ?._.., .i ' ` t., _,. i P. r,? ? - Cw.3 --a; KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF DONATO MARK DINELLO, SR. PART I. INCOME A. EMPLOYMENT INFORMATION EMPLOYER U.S. Arm ADDRESS DFAS Indianapolis, Indiana POSITION Professional Military Officer PAY PERIOD Monthly B. EMPLOYMENT INCOME: C. EXPENSES: DESCRIPTION HOME EXPENSES Rent HUSBAND First mortgage DC house includes taxes and ins Second Mortgage/Home Equity Loan Maintenance and Repairs Electric Estimates Gas Estimates Oil Telephone (hard line) Cell Phone All Paid b Husband Water Sewer Cable EMPLOYMENT Public Transportation Lunches Other Employment Expenses TAXES Real Estate Taxes Personal Property Taxes Incomes Taxes Not Withheld Per Capita/Occupation Taxes INSURANCE Homeowners $2,500.00 $1165.12 Paid by Son WIFE $1,324.81 Paid by Husband $200.00 00 Paid b Husband $200.00 Paid by Husband $85.00 $79.00 $52.00 $65.00 $65.00 $45.00 Paid b Husband $28.50 Paid b Husband $80.00 $50.00 Paid b Husband Paid by GVT $120.00 $169.97 Paid by Husband $74.05 Paid by Husband $9.80 EtPai aid b Husband $60.00 dby Husband DESCRIPTION HUSBAND WIFE Automobile Insurance $360.00 $50.00 Paid b Husband Accident Insurance Health Insurance Paid b GVT Prescription Benefit Paid b GVT AUTOMOBILE EXPENSES Payments $195.00 $325.00 Paid b Husband Fuel $160.00 $150.00 Maintenance and Repair License and Registration $10.00 $3.33 Paid b Husband MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE Doctor Paid by GVT Paid by GVT Optical Paid by GVT Paid by GVT Dental Paid by GVT Paid by GVT Orthodontic Paid by GVT Paid by GVT Hospital Paid by GVT Paid by GVT Medicine Paid b GVT by Paid by GVT Special Needs/Thera Paid by GVT Paid by GVT EDUCATIONAL EXPENSES Private School Parochial School Training or Education .' ry Q . V LL f.,' w?Y E s Mlor^' KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, ORDER AND NOW, this a? Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW day ofjK? , 2008, Esquire, is appointed mater with respect to the following claims: Equitable Distribution. By th ourt: J. J e ?u 8o/ar/s. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Donato Mark Dinello, Jr. (hereinafter `Plaintiff') by his undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Estelle Marie Dinello, (hereinafter "Defendant") to answer Plaintiff's Interrogatories and Requests for Production of Documents, and in support of said motion states as follows: 1. On June 16, 2008, counsel for Plaintiff served the Defendant directly, as she is not represented by counsel, with Plaintiff's First Set of Interrogatories and Production of Documents addressed to Defendant. See letter attached as Exhibit "A". 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information that will be needed to proceed with a Divorce Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPV& ASSOCIATES, LLC " Lesley ?!qeam, Esquire Dated: /(? / c/ ? F Shane B. Kope, Esq. M Jacob M. Jividen, Esq. M Lesley J. Beam, Esq. V ?fi7 K O P E ASSOCIATES LAW OFFICES LLC June 16, 2008 Estelle Dinello 236 Fineview Road Camp Hill, PA 17011 Re: Dinello v. Dinello No. 07-6863 Dear Ms. Dinello, Enclosed please find copies of Interrogatories and Requests for Production of Documents in the above referenced matter. Please respond to these requests and return to this office within thirty days. If you have any questions please do not hesitate to contact this office but please be aware that we cannot give you legal advice as we represent Ms. Jacobson. Sincerely, KOPE & ASSOCIATES, LLC Julie Wehnert Paralegal Enclosures 466o Trindle Road ¦ Suite P 717.761.7872 ¦ F 717.761.7q72 M kovelaw.com KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 1beam@kopelaw.com Attorney for Plaintiff DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 14th day of October, 2008, 1 served a true and correct copy of the foregoing Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Estelle Dinello 236 Fineview Road Camp Hill, PA 17011 KOPE & A OCIATES, LLC By: ? Asley eam, Esq. I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 C nz i t7r ?rn ? Ch a? ..,C KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE AMENDED MOTION FOR ORDER TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Plaintiff, Donato Mark Dinello, Sr. (hereinafter "Plaintiff") by his undersigned attorney, moves this Court pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure for an Order compelling Defendant, Estelle Marie Dinello, (hereinafter "Defendant") to answer Plaintiff's Interrogatories and Requests for Production of Documents, and in support of said motion states as follows: 1. On June 16, 2008, counsel for Plaintiff served the Defendant directly, as she is not represented by counsel, with Plaintiff's First Set of Interrogatories and Production of Documents addressed to Defendant. See letter attached as Exhibit "A". 2. It is well past thirty (30) days after service as is required by the Rules of Civil Procedure and the Defendant has not supplied any answers or produced any documentation that has been requested. 3. The Plaintiff cannot obtain a clear picture of the marital assets, specifically any pension and 401(k) information that will be needed to proceed with a Divorce Master's Hearing without the Defendant providing the most current and complete information. 4. No Argument is requested on this motion. 5. The Honorable Edgar B. Bayley has ordered the appointment of the Divorce Master after a Motion to Appoint a Master had been filed. No other judge has issued on any other issue in this matter. 6. The Defendant in this matter is not represented by counsel. Undersigned counsel is not required to notify a pro se Defendant for their concurrence. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order compelling Defendant to respond fully to Plaintiff's outstanding interrogatories and to produce all requested documents within ten (10) days of the date of said Order, under penalty of further sanctions pursuant to Pa.R.C.P. 4019. Respectfully Submitted, KOPP & AgSOCIATES, LLC Dated: p /09/'o LVesleo- Beam, Esquire g lJJ Shane B. Kope, Esq. ¦ Jacob M. Jividen, Esq. ¦ Lesley J. Beam, Esq. C(Oply K O P E ASSOCIATES LAW OFFICES LLC. June 16, 2008 Estelle Dinello 236 Fineview Road Camp Hill, PA 17011 Re: Dinello v. Dinello No. 07-6863 Dear Ms. Dinello, Enclosed please find copies of Interrogatories and Requests for Production of Documents in the above referenced matter. Please respond to these requests and return to this office within thirty days. If you have any questions please do not hesitate to contact this office but please be aware that we cannot give you legal advice as we represent Ms. Jacobson. Sincerely, KOPE & ASSOCIATES, LLC z-4r Julie 4ert Paralegal Enclosures 466o Trindle Road ¦ Suite aol P 717.761.7572 ¦ F 717_ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire do hereby certify that on this 21st day of October, 2008, 1 served a true and correct copy of the foregoing Amended Motion for Order to Compel Answers to Interrogatories and Requests for Production of Documents via regular U.S. First Class mail, postage prepaid, addressed as follows: Estelle Dinello 236 Fineview Road Camp Hill, PA 17011 KOPE & ASSOCIATES, LLC By: !ki-sley Beom; Esq. 47 D. 91 75 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 ?-; ^`' ;,`? c?? ...Ty j."; ? ..«? 1`F'i ?.. ?"'? tt" "'f$ ,. ?} i '"?'t µ f ? \.' .. DONATO MARK DINELLO, SR., PLAINTIFF V. ORDER OF COURT AND NOW, this 29th day of October, 2008, upon consideration of the ESTELLE MARIE DINELLO, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL IN RE: PLAINTIFF'S MOTION/AMENDED MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY DEFENDANT Motion/Amended Motion filed by the Plaintiff, 1. A rule is issued upon the Defendant, Estelle Marie Dinello, to show cause why the relief requested should not be granted; 2. Defendant shall file an Answer to this Rule on or before November 19, 2008; 3. The Prothonotary is directed to forward said Answer to this Court. 4. A hearing shall be held on Tuesday, November 25, 2008, at 3:00 p.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, PA. By the Court, M. L. Ebert, Jr., J. Lesley J. Beam, Esquire Attorney for Plaintiff ?v id/a Estelle Marie Dinello, Defendant ,-?? ` 236 Fineview Road n Camp Hill, PA 17011 ?0/?gJdP 7`'? bas ?n ..n 0 mn I -, FFICIAII 'U ru Postage $ m a certified Fee r-3 Retum Receipt Fee P strnark Here (Endoreemern Required) M ResMcted Dolftry Fee m (Flydorseme?tt Required) M Total Postage & Feed Ln Q Shire. M. _A Neijo orPOBarNa FIit/e vie-U, " pity State. ZIF44 ...._._........._ _ Ca a(.) / C .Z Wd 6Z 30 0,10Z DONATO MARK DINELLO, SR., IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-6863 ESTELLE MARIE DINELLO, CIVIL ACTION - LAW Defendant. IN DIVORCE Defendants ORDER OF COURT AND NOW, this o?qN'ay of ?n PA-alY , 2008, as the parties hereto have indicated that they expect the matters at dispute to be resolved by agreement in the immediate future, and have requested a continuance of two weeks to confirm that said agreement will be executed, it is hereby ordered that the hearing on Plaintiffs Motion to Compel originally scheduled for Tuesday, November 25, 2008 at 3:00 pm before the Honorable M.L. Ebert, Jr., be continued to 3.'30 P&e? If- 2008, at o'clock -p- m., in Courtroom # 5 of the Cumberland County Courthouse. The parties and their respective counsel shall be required to attend. By the Court, M. L. Ebert, Jr. J. Lesley J. Beam, Esquire - 4660 Trindle Road, Ste 201; Camp Hill, PA 17011, Estelle Dinello, Defendant - 263 Fineview Road; Camp Hill, PA 17011`` /7 Z% :Z Wd ?Z AON BOOZ AtC ud'' _ +u wa}?]Hi JO DONATO MARK DINELLO, SR., PLAINTIFF V. ESTELLE MARIE DINELLO, DEFENDANT IN RE: IN THE COURT OF CIOMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL TO CO ORDER OF COURT AND NOW, this 17th day of December, 2008, u have indicated they expect the matters at dispute to be near future and have requested a continuance of the December 18, 2008, consideration that the parties ved by agreement in the ring scheduled for Thursday, IT IS HEREBY ORDERED AND DIRECTED thail the request is GRANTED. The hearing will be continued generally. If a resolution is request that the hearing be rescheduled. Lesley J. Beam, Esquire Attorney for Plaintiff Estelle Marie Dinello Defendant 236 Fineview Road Camp Hill, PA 17011 bas I By the Court, M. L. Ebert, Jr t reached, either party may J. :, `, ! LOI KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE MARITAL SEPARATION AGREEMENT 1. INTRODUCTORY PROVISION This Agreement is made by and between Donato Mark Dinello, Sr. of Cumberland County, Pennsylvania ("Husband") and Estelle Marie Dinello of Cumberland County, Pennsylvania ("Wife") 2. WHEREAS CLAUSES WHEREAS, the parties hereto are Husband and Wife, having been married on November 24, 1973, in Etna, Pennsylvania; WHEREAS, certain differences exist between the parties and it is the intention of Husband and Wife to live separate and apart from each other for the rest of their natural lives, and the parties hereto intend by this Agreement to fully and finally settle all of their respective financial and property rights and obligations as between each other, including, but without limitation by specification, the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, 1 of 39 including, but not limited to: a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement; 3. CONSIDERATION NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Husband and Wife, intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 4. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 5. DEFINITIONS 5.01. Divorce Code. The phrase "Divorce Code" shall be defined as rernsv1ti".. C,S.A.. Title 23. Section 10'0 et seq. (effective March 19, 1991). 5.02. Date of Execution of This Agreement. The phrase "date of execution", "execution date" or "date of this Agreement" shall be defined as the date that the last party signs this Agreement. 2 of 39 5.03. Date of Distribution. Except where specifically indicated otherwise, the phrase "date of distribution" of this Agreement shall be defined as the earlier of the date of: (1) death of one of the parties; or (2) the thirty-first day subsequent to the date on which an initial divorce decree is entered without an appeal having been taken, or, if such an appeal has been taken, on the date of receipt of notice of final confirmation of the initial divorce decree by the appellate courts. If the distribution date falls on a date when the court which entered the decree in divorce or to which appeal was taken is closed for official business, then the distribution date shall be the next day on which that court is open for official business. 5.04. Internal Revenue Code. The phrase "Internal Revenue Code" or "I.R.C." shall be defined as the Internal Revenue Code of 1986, as amended, or any successor statute thereto. References to sections of the Internal Revenue Code shall refer to sections of the Internal Revenue Code as of the date of execution of this Agreement. 5.05. Asset. The word "Asset" shall be defined as anything of value, including, but not limited to, real and/or personal, tangible and/or intangible property and all financial interests however held. 5.06. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 6. DIVORCE DECREE 6.01. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent, no-fault Divorce Decree in the above captioned divorce action. Husband filed a divorce action on November 13, 2007 in the Court of Common Pleas of Cumberland County, Pennsylvania, Civil Term, 2007, No. 2007-6863, seeking a divorce decree pursuant to, among other provisions, § 3301(c) of the Domestic Relations Code. The parties shall promptly file the affidavits and waivers required to obtain a divorce 3 of 39 pursuant to § 3301(c) of the Domestic Relation Code. As defined in the Domestic Relations Code, the parties' marriage is irretrievably broken and they do not desire marital counseling. The parties shall also take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to § 3301(c) of the Domestic Relations Code is entered within one (1) month from the date of execution of this Agreement. 6.02. Responsibility for Proceeding With Divorce. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record and the related required documents. Should Wife want a certified copy of the.final divorce decree, Wife shall pay the required fee to secure that document. 6.03. Withdrawal of Other Actions. The parties further shall take all legal steps necessary to ensure that all pending petitions and actions between the parties (including, but not limited to counterclaims or petitions for economic relief), except for the divorce action referred to in Paragraph 6.01 (to the extent necessary to obtain the divorce), are dismissed with prejudice as soon as possible and that no similar actions are instituted, except to the extent necessary to enforce the terms of this Agreement. 6.04. Penalty for Delay. Notwithstanding the foregoing, if, after the execution of this Agreement, either party unreasonably delays or contests the obtaining of a final, unappealed divorce decree, that party shall exonerate and indemnify the other party against and hold the other party harmless from any liability and/or expense, including reasonable counsel fees, incurred as a result of such delay or contest in obtaining the decree. 4 of 39 7. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force and effect even if no final decree in divorce is entered. 8. EFFECT OF DIVORCE DECREE, INCORPORATION AND MERGER This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the nonbreaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under § 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason. 9. ADVICE OF COUNSEL Husband has been represented by Lesley J. Beam, Esquire, of Kope & Associates, LLC. Wife has chosen not to retain legal counsel, and Wife has chosen instead to negotiate directly with Husband and Husband's counsel, notwithstanding the fact that counsel for Husband has advised her that she has an absolute right to be represented by counsel. Wife hereby acknowledges that she has done so willingly. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other 5 of 39 financial benefits arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been disclosure of the parties' marital assets and debts and the parties' respective incomes. The parties agree to, waive any further disclosure and proceed with a settlement of all financial assets and/or debts. 11. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 6 of 39 12. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 13. MUTUAL RELEASES Except as otherwise expressly provided in this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Aoainst Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: 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 7 of 39 (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 14. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the 8 of 39 provisions of this Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16.5 NO INTENDED THIRD-PARTY BENEFICIARIES This Agreement constitutes a contract binding between the aforementioned parties and those parties only. This Agreement provides rights and obligations only to the aforementioned parties. To the extent that this Agreement may benefit another party other than Husband or Wife either directly or indirectly, said party constitutes merely an incidental beneficiary of the Agreement and will be restricted from pursuing legal action should either Husband or Wife breach or allegedly breach this Agreement in any way. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 9of39 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. § 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Consideration for Reasonable Attorneys Fees: Any award of "reasonable attorney's fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 19. INCOME TAX MATTERS With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state 10 of 39 returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 20. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION 11 EQUITABLE DISTRIBUTION OF PROPERTY 21. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter 11 of 39 commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 22. DISTRIBUTION OF PROPERTY AND DEBTS The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate 1. 1763 Creekview Drive, New Cumberland. Pennsylvania 17070: Husband and the parties' adult son ("Son") jointly own real estate, specifically a house and lot known and numbered as 1763 Creekview Drive, New Cumberland Pennsylvania 17070. Under the terms of the Agreement, and as finalized by this divorce, Wife shall have no claim, rights, interest and/or liability towards or in said real estate. Husband and said third party shall maintain exclusive right and interest in said property. 2. 263 Fineview Road, Camp Hill, Pennsylvania 17011: Husband and Wife jointly own real estate, specifically a house and lot known and numbered as 263 Fineview Road, Camp Hill, Pennsylvania 17011 (hereinafter the "premises", the "residence" or the "marital residence"). As regards their joint interest therein the parties agree as follows: a. As of the date of execution of this Agreement, Wife shall have the rights of sole possession of the marital residence, until or unless Wife predeceases Husband, Wife chooses to relocate (in which event, Wife must offer Husband the option of buying out 12 of 39 her portion of the property), or Wife wishes to cohabit with an unrelated male and/or remarry (in which event, Wife must vacate the residence and offer Husband the option of buying out her portion of the property; should Husband opt not to buy out her portion of the property, the property must be sold according to Paragraph 22.A.2.r. below.) b. The property shall remain in the names of both Husband and Wife, as tenants in common with the right of survivorship, until such time as Wife is able to buy out Husband's share of the premises, Wife chooses to relocate and Husband opts to buy out Wife's share of the premises, either party dies, or the parties decide to sell the property. C. In the event that Wife wishes to cohabit with an unrelated male, or remarry, Wife shall immediately permit Husband to buy out her share of the premises, and, if Husband is unable or unwilling, the parties shall sell the premises pursuant to the provisions of sub-subparagraph r below. d. The term "buy out", "buying out" and "bought out", for the purposes of this Paragraph, shall be defined as the practice where one party pays the other party one-half (Y2) of the "value of premises", and the deed is transferred into the sole name of the party buying out the other. e. The "value of the premises" shall be defined as the appraised sale price of the premises less any outstanding debt encumbered against the property, and less any costs that would be associated with sale, including but not limited to anticipated broker commissions, notary fees, document and deed preparation costs, state transfer taxes, resale certification fees and estimated repair costs. The appraised sale price and 13 of 39 anticipated costs would be determined by an appraisal conducted on or about the time of the buy out, by an appraiser chosen by both parties. In the event that the parties are unable to agree upon an appraiser, the appraiser shall be chosen by Husband. f. Beginning on July 1, 2008, an account shall be made and continue for all of the monies spent by Husband towards the preservation, repair, improvement and/or maintenance of the premises, including, but not limited to, payment for capital improvements Husband chooses to make and the payment of any and all real estate taxes paid by Husband. In the event that Wife chooses to buy out Husband's share of the premises, Wife shall have to reimburse Husband for the total monies spent in this accounting. In the event that Husband shall buy out Wife's share of the premises, her share shall be reduced by the total monies spent by Husband in this accounting. In the event that Husband and Wife choose to sell the premises, Husband's share of the profits shall be credited dollar for dollar from the monies spent per this accounting. [Ex. The parties sell the residence for $400,000 less $20,000 in all costs. Husband has spent $20,000 in capital improvements and $10,000 in real estate taxes. Husband would receive $220,000 from the sale. ($380,000 in profit divided by 2 plus $30,000 in the accounting). Wife would receive $160,000.] Capital improvements shall include, but shall not be limited to, improvements such as the replacement of the roof, replacement of the furnace and/or hot water tank, and additions and/or modifications to the structure and substance of the premises. g. There is presently outstanding against this marital residence 14 of 39 a mortgage through PNC Bank, with an approximate balance of fifty-six thousand dollars ($56,000) as of the date of execution of this Agreement. Said mortgage is currently held under the name of both parties. Commencing on the date of execution, and understanding that Husband has heretofore made all payments on said mortgage, Husband hereby agrees to make timely payments on said mortgage until such time as the mortgage has been paid in full. Husband's obligation under this subparagraph shall be deemed satisfied under such circumstances where the house is sold, in which instance the remaining mortgage balance would be satisfied through the sale. h. There is also presently outstanding against the marital residence an equity line of credit in the amount of approximately one hundred and forty-five thousand dollars ($145,000). The parties agree that said debt was incurred in order to purchase the residence referenced in Paragraph 22.A.1., which Son currently occupies. Husband and Son will refinance this debt within six (6) months of the date that the decree of divorce is signed by the Court, into Husband and Son's name. Under no circumstances will this debt remain as an encumbrance on the marital residence. Wife hereby agrees that she will execute any and all documentation required in order to effectuate this provision. i. Husband also agrees to pay all taxes on said real estate and Wife agrees to pay a portion of the taxes to the extent possible, until Wife has bought out Husband's share of the premises, Husband has bought out Wife's share of the premises, the premises have been sold, or the mortgage has been fully satisfied. After that time, Husband and Wife hereby agree to share equally, to the extent possible, the payment of any and all real estate taxes 15 of 39 that are levied against the property by reason of federal, state or local taxes. j. Husband and Wife hereby agree to sign and execute all forms necessary by law to ensure the transfer of title, at the time that transfer of title shall be necessary to effectuate the provisions of this Agreement. k. Commencing on the execution date of this Agreement, and without regard to when bills for such items are incurred, received or due, Wife shall be solely responsible for all past, present and future costs or liabilities associated with or attributable to maintaining the marital residence including, but not limited to, water and sewer bills, gas, electric and telephone service, homeowners insurance, and gardening expenses and repairs, but specifically excluding mortgage payments and real estate taxes as stated immediately above. Wife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expenses, including attorneys' fees, which are incurred in connection with such maintenance, cost, and expenses or resulting from Wife's ownership interest in the marital residence. 1. Wife shall keep and maintain an adequate amount of homeowners insurance properly insuring the premises, until such time as Wife predeceases Husband, buys out Husband's share of the premises, or the parties sell the premises. M. Neither Husband nor Wife may incur any additional lien on the premises in the form of an additional mortgage or line of credit, at any time from the date of execution of this Agreement, until such time as the premises is transferred into the name of Husband or Wife alone. 16 of 39 n. Major Repairs: Commencing on the execution date of this Agreement, and without regard to when the bills for such items are incurred, received or due, Wife shall be solely responsible for the cost of repairs that do not constitute routine maintenance, including, but not necessarily limited to, the replacement of principal appliances such as the furnace or plumbing and replacement of the roof, as well as all maintenance tasks, regardless of cost. For purposes of this subparagraph, any cost or expense which would be required to be capitalized under Section 263 or 263A of the. !:-Sternal Revenue Code if incurred in a trade or business shall not be considered to be "routine maintenance." Wife shall also be solely responsible for routine maintenance. If Husband chooses to make a payment toward any capital improvement toward the premises, Husband shall be credited as stated in Paragraph 22.A.2.f. above. o. In the event that Husband should incur any cost, expense or liability in connection with the mortgage due to any action or inaction of Wife, Husband shall have the option, in addition to any other rights or remedies provided by this Agreement, or by law, to set off such cost, expense or liability against any amount owed to Wife pursuant to this Agreement. P. Transfer Tax. Wife shall be responsible for the payment of any transfer taxes relating to the transfer of the premises from Husband, where Wife buys out Husband's interest in the premises. Husband shall be responsible for the payment of any transfer taxes relating to the transfer of the premises from Wife, where Husband buys out Wife's interest in the premises. That withstanding, it is the understanding of the parties that transfer of the premises from both parties to Wife only or Husband only is exempt from payment of 17 of 39 transfer tax under current tax law, as such transfer is contemplated by this Agreement and incorporated into the Divorce Decree for limited purpose. q. Vacating Residence. Husband and Wife agree that Husband has already vacated the premises as of the date of execution of this Agreement, and that Husband has taken no action detrimental to the premises or Wife's interest in the premises. r. Sales Provisions: In the event that the parties determine that they wish to sell the premises, the following conditions shall apply: i. The said premises shall be listed for sale at a price acceptable to both parties, provided that in the event they are unable to agree upon a price, then the price shall be fixed by a licensed real estate broker selected by both parties. In the event that the parties are unable to select a real estate broker, they each shall select a broker who, in turn, shall select a third broker who shall determine the price. The broker shall also advise the parties whether the listing price shall be lowered in the event the premises are not sold within a reasonable period of time. The parties shall cooperate and agree to lower the listing price until the price has been lowered by 30% of the original listing price. Thereafter, the price shall not be lowered unless by agreement of the parties or order of court. Neither party shall take any action which shall prevent the sale of the premises. ii. Upon the sale of the premises, the net proceeds, after deduction of all expenses, fees and taxes (including closing costs and realtor fees) in connection with the sale, 18 of 39 and after satisfaction of the lien of the existing mortgage, shall be divided between the parties equally, except as detailed in Paragraph 22.A.2.f. above. iii. In the event that the premises need improvements, whether capital or not, while the sale is pending, the parties shall share equally the cost of said improvements. iv. Until the premises are sold, the party residing on the premises shall be solely responsible for all taxes and assessments imposed by any township, county or other taxing authority connected to said premises, which shall be due or become due. If neither party is residing on the premises, Husband and Wife agree to share equally all said taxes and assessments v. Until the premises are sold, the party residing on the premises shall be solely responsible for insurance, utilities, heating expenses, maintenance expenses and any other expenses with respect to the premises. If neither party is residing on the premises, the party who last resided on the premises shall be responsible for the expenses under this section. vi. The parties shall share equally the net capital gains tax attributable to said sale. The parties shall cooperate and provide each other with all necessary documents in order to establish the effective tax basis for the premises. If either party fails to pay their portion of the capital gains tax, and the other party is assessed said portion, the party failing to pay shall indemnify the other with respect to the capital gains tax payment, including any necessary attorney's fees in order to collect these monies. 19 of 39 vii. Conveyance: The parties agree that at the time of sale of the premises as contemplated above, Husband and Wife shall convey all of their right title and interest in the premises to the buyer of the premises (hereinafter "Buyer) without delay. The real estate agent, or other party as Husband and Wife agree, shall prepare and execute and deliver all documents in the usual form conveying, transferring and granting to Buyer all of Husband and Wife's right, title and interest in and to the residence for consideration as discussed previously. viii. Liens, Encumbrances and Expenses: The said conveyance shall remain subject to all existing liens and encumbrances, covenants and restrictions of record including, but not limited to, the lien of the mortgage, real estate taxes and any other municipal liens. Husband and Wife agree that upon the sale of the premises, all of the above shall be satisfied before division of the proceeds, and shall thereafter cease to remain a lien or encumbrance against either party. B. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All personal property currently on the premises and in the possession of the Wife, with the following exceptions: i. All sporting goods (including fishing and hunting gear); 20 of 39 ii. All tools and machinery, including Husband's workbench; iii. Husband's financial and other personal records; and iv. Husband's military items. 2. To Husband: All personal property currently in the possession of the Husband, and the following property which is currently in the possession of Wife, i.e., at the marital premises: i. All sporting goods (including fishing and hunting gear); ii. All tools and machinery, including Husband's workbench; iii. Husband's financial and other personal records; and iv. Husband's military items. 3. The parties agree that Wife shall make the aforementioned property available to Husband for his removal on or about July 1, 2008. Husband agrees to remove said property no later than July 31, 2008. C. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: 2006 Nissan Altima SE. 2. To Husband: a. 2006 Chevrolet Trailblazer; b. 2003 Grand Cherokee; C. 2001 Mazda 6; and 21 of 39 d. 1993 Mercury Sable. 3. The vehicle assigned to Wife immediately above is currently in Husband's name with a loan associated therewith in Husband's name alone. Husband hereby agrees to make timely payments on the vehicle until such time as the vehicle is paid for in full. Husband's obligation under this subparagraph shall be deemed satisfied under such circumstances where Wife chooses to trade the car in for the purchase of a replacement vehicle, where the vehicle is sold to a third party, and/or where the vehicle is totaled by virtue of an accident and the insurer of the vehicle pays off the remaining debt. 4. Husband shall be responsible for securing and maintaining automobile insurance on the vehicle assigned to Wife for a period of not more than four (4) years from the date of execution of this Agreement. After four years have passed from the date of execution of this Agreement, Wife shall be responsible for securing and maintaining automobile insurance on her vehicle. In the event that Wife chooses to replace her vehicle with an alternate vehicle, the cost of which to insure would be greater than Husband's current payment, Husband's obligation under this subparagraph shall cease. 5. While Husband may be responsible for the payment of insurance premiums to insure Wife's vehicle, Wife shall be solely and fully responsible for any uncovered expenses, costs and/or liability arising from any and all incidents and/or accidents involving their respective vehicles. In the event that Wife cannot or does not make the payments for these expenses, costs and/or liability, Husband may choose, at his complete and utter discretion, to make said payments, and offset the funds paid from other payment obligations within this Agreement. 6. Husband shall be responsible for the payment of any loans owed 22 of 39 on any of the vehicles assigned to him under this Agreement, as well as insuring any vehicles assigned to him under this Agreement, except that Husband may require the parties' minor children to pay the insurance on those vehicles which he permits them to drive. D. Title Transfer: The vehicles owned by the parties respectively should be owned in full by whatever party with whom custody of the vehicle will lie in accordance with this Agreement. If any vehicle awarded under Paragraph C above should be titled in the names of both parties, the parties shall take all steps practicable to transfer title of the vehicle into the name of the party with whom custody of the vehicle will lay in accordance with this Agreement. Said title transfer of any vehicle under this section will be made in accordance with the law within ninety (90) days of the signing of this Agreement. All costs of the title transfer will be the responsibility of the person receiving title. E. Moneta ry Distributions: All funds in joint and separate accounts, including but not limited to savings, checking, and money market accounts, should be divided and distributed as follows: 1. To Wife: a. One-half ('h) of the monies in the parties' jointly held checking account at PNC bank, account #xxxxxx1293, said funds having already been distributed; b. One-half (%Z) of the monies in the parties' jointly held savings account at PNC bank, account #xxxxxx1149, said funds having already been distributed; and c. One-half (Y2) of the monies in the parties' jointly held money 23 of 39 market account at PNC bank, said funds having already been distributed. d. Wife shall receive any and all funds in all checking and savings accounts currently held under Wife's name only. 2. To Husband: a. One-half (%i) of the monies in the parties' jointly held checking account at PNC bank, account #xxxxxx1293, said funds having already been distributed; b. One-half ('/) of the monies in the parties' jointly held savings account at PNC bank, account #xxxxxx1149, said funds having already been distributed; and c. One-half (%) of the monies in the parties' jointly held money market account at PNC bank, said funds having already been distributed. d. Husband shall receive any and all funds in all checking and savings accounts currently held under Husband's name only. 3. At the time of execution of this Agreement, it is understood that the parties' joint checking, savings, and money market accounts at PNC bank have been closed, and the monies in said accounts have been evenly divided. The parties agree that no other joint checking, savings, or money market accounts exist at the time of execution of this Agreement. F. Life Insurance: The parties' life insurance policies and the cash value of said policies shall be divided and distributed as follows: Husband currently maintains a life insurance policy in his name and on his life with coverage of four hundred thousand dollars ($400,000). Husband has 24 of 39 agreed to designate Wife as the beneficiary of four hundred thousand dollars ($400,000.00) of the insurance proceeds, assuming that Wife survives Husband. Wife shall not be responsible for payments for this policy or any portion thereof. Should Husband increase the coverage of this life insurance policy, Husband shall only be responsible for naming Wife as the beneficiary of four hundred thousand dollars ($400,000.00) of the proceeds of the policy, and may designate whomever he chooses to be the beneficiary of any proceeds beyond four hundred thousand dollars. In the event that Husband is unable, pursuant to the policies of his insurer and/or applicable federal, state, administrative and/or local law, to name multiple beneficiaries as per this Agreement, Husband shall be entitled to cancel the policies as he sees fit, providing that he takes out a replacement policy with coverage of four hundred thousand dollars ($400,000.00) and names Wife as the irrevocable beneficiary of said policy. Wife hereby agrees to sign, execute, and deliver all documentation requested by Husband in order to effectuate the provisions of this Paragraph. In the event that Wife predeceases Husband, upon Wife's demise, Husband shall be entitled to designate anyone he chooses as beneficiary of the aforementioned policy and its proceeds. Nothing within this Paragraph shall operate to prevent Husband or Wife from obtaining alternate policies in their respective names, and on the lives of themselves or the other party. Further, any other existing insurance policies in the name of Husband or Wife shall be that party's sole property, to which the other party shall have no claim. G. Investments and Retirement Plans: The parties' shares of stock, brokerage accounts and other investments (the "Investments"), and the parties' retirement plans, IRA accounts (traditional and/or Roth), profit sharing plans, 25 of 39 401(k) plans, and/or any other retirement type plans, excluding Husband's retired pay through the United States Army, (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: a. All monies currently held in Fidelity Destiny Plans account #7033002884; b. All monies currently held in Pioneer Investments account #06202659144-0008; C. All monies currently held in Pioneer Investments account #06207198748-0008; d. All monies currently held in Primerica (PFS investments) account #110980537; e. All monies currently held in Primerica (PFS investments) account #105954593; f. All monies currently held in Van Kampen Investments account #77/671904061; g. All monies currently held in Pioneer Investments account #06203252848-0008; and h. One-half ('/2) of the monies in the parties' jointly held account at Fidelity Destiny Plans, account #7049121142. 2. To Husband: a. All monies currently held in Fidelity Destiny Plans account #7049167548; b. All monies currently held in Fidelity Destiny Plans account #7049424651; C. All monies currently held in Pioneer Investments account #06203252848-0070 (said account currently containing no monies); d. All monies currently held in Pioneer Investments account #06203252848-0090; e. All monies currently held in Pioneer Investments account #06203252848-0001; and f. One-half (%) of the monies in the parties' jointly held account at Fidelity Destiny Plans, account #7049121142. 26 of 39 3. The parties hereby understand and agree that some of the accounts distributed above are currently held jointly in the names of Husband and Wife, namely Pioneer Investments account #06203252848- 0008; Pioneer Investments account #06203252848-0070; Pioneer Investments account #06203252848-0090; and Pioneer Investments account #06203252848-0001. Pursuant to this Agreement, these jointly titled accounts shall be the sole and alienable property of the party alone to whom it/they are assigned above. Husband and Wife hereby agree to execute any and all documentation that may be required to enable the other party to transfer said accounts into his or her name alone, and/or to remove the name of the other party from the existing account. 4. The parties further understand and agree that parties' account with Fidelity Destiny Plans, account # 7049121142, is currently held in the names of both parties, but shall be split equally pursuant to this Agreement above. The parties shall execute all paperwork as required to divide the fund into two separate accounts. In the event that the parties are unable to divide the fund into two separate accounts, and maintain the value of their respective portions of said account, the parties agree that Wife shall remove her approximate half, as calculated from the date of execution of this Agreement, and transfer said monies into an alternate investment vehicle. In the event that a Qualified Domestic Relations Order (QDRO) shall be required to remove these funds, Husband and Wife hereby agree to execute a stipulation to this Order in order to effectuate the terms of this Agreement. H. Husband's Retired Pay from the United States Military: Regarding Husband's retired pay to be received from the United States Military upon 27 of 39 Husband's retirement, Husband and Wife hereby acknowledge that the marital estate includes a portion of Husband's retired pay as a result of Husband's service with the United States Army during his marriage to Wife. The parties agree that as a result of such, and in contemplation of other provisions within this Agreement, Wife shall receive the following portion of Husband's retired pay from the United States Military: 1. The monthly benefit to be allocated to the Wife is 50% of the Husband's monthly disposable retired pay the Husband would have received had Husband retired with a retired pay base of $6,800 and with 20 years of creditable service. It is understood that, by law of the military, the award to the Wife shall not exceed fifty percent (50%) of Husband's actual disposable retired or retainer pay. 2. This benefit shall be payable to Wife and shall commence as soon as administratively feasible on or about the date Husband actually retires or otherwise enters retirement/pension/retired pay status for whatever reason, subject to any required actuarial adjustments. Wife shall share in any scheduled and/or ad hoc increases to pensioners in proportion to the retirement pay awarded to her by this Agreement. In the event of the diminution of Husband's disposable retired pay by reason of federal employment, if same shall occur, any amount payable to Wife under this Agreement shall be reduced proportionately. 3. Husband has not elected the Survivor Benefit Plan (hereinafter "SBP"), and Husband and Wife agree that no such election shall be made. Wife is only entitled to the specific benefits under Husband's military retirement plan as provided for in Paragraph 22.1-1.2. All other rights, privileges and options under said plan not granted to Wife shall be preserved for Husband. (Note: The benefits discussed in Paragraph 25 below, granted to Wife as Wife has met the °20/20/20" requirements of the 28 of 39 Uniformed Services Former Spouses' Protection Act, are not contemplated by this paragraph.) 4. The regular monthly payments awarded to Wife by this Agreement shall cease at the first to die of either party. As Husband and Wife have opted not to elect SBP, Wife's payments under this Agreement shall cease in the event that Husband predeceases her. After benefits commence, if Wife predeceases Husband, per applicable law, Husband's retired pay shall be restored, for future payments only, to the amount it would have been as if there was no alternate payee. 5. The parties hereby acknowledge that medical disability pay from the military is not a dividable asset, and as such, Wife shall not be entitled to any portion of pay under this subparagraph, nor shall receipt of such by Husband effect this Agreement regarding the receipt of alimony from Wife or lack thereof. Jurisdiction is specifically not reserved to consider such. 6. All monies received from the United States Military not specifically awarded to Wife within this paragraph shall be Husband's sole and exclusive property. 7. Military Court Order: In order to effectuate the provisions of this Agreement, the parties shall cause to be entered the attached Military Court Order (MCO), to be submitted to the Defense Finance and Accounting Service (DFAS), within sixty days of receipt of the decree of divorce. The proposed MCO has been prepared and attached to this Marital Separation Agreement as Appendix A. It is understood by both parties that counsel has been unable to submit the MCO to DFAS for pre- approval due to DFAS policy. As such, both parties hereby agree that in the event that that any changes are required to the documentation to effectuate the distribution of Husband's retired pay under this section, or in 29 of 39 the event that any additional documentation and/or paperwork is required to effectuate this paragraph, including but not limited to authorization or limited powers of attorney, the parties will execute said documents upon request of either party no later than thirty days after said request. 1. Debts: The parties' marital debts, loans, credit. cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Husband: Husband shall be solely liable for any and all monies currently owned on the CitiBank credit account in both parties' names, and any and all debts held in Husband's name only. 2. To Wife: Wife shall be solely liable for any and all debts held in Wife's name only. 3. From the date of execution of this Agreement, Husband and Wife agree that each will secure credit cards in his or her name only, and will not garner any additional debt in the name of both parties. Husband and Wife hereby individually assert that neither has secured any additional debt, other than that referenced above, for which the other party would bear potential liability. J. Cash Disbursement: It is the parties' intent that Husband shall make the following payments to Wife, to be construed as equitable distribution, in accordance with the following stipulations, restrictions and or guidelines: 1. Husband shall pay to Wife the sum of fifty two thousand, eight hundred dollars and zero cents ($52,800.00), subject to the exceptions 30 of 39 listed immediately below, to be paid in monthly installments of one thousand, one hundred dollars and zero cents ($1,100.00) for the period of forty-eight (48) months from the date of Execution of this Agreement. Husband shall make this payment directly to Wife, with the option of depositing said funds directly into Wife's account. Husband shall make this payment no later than the last day of the month immediately following the execution of this Agreement. 2. In the event that Husband retires before four years have passed from the execution of this Agreement, Husband's obligation to make any remaining payments from that month forward shall cease. This is with the understanding that Wife shall begin receiving her portion of Husband's retired pay from the United States Army. For example, if Husband retires after two years and one month have passed from the date of execution of this Agreement, the total cash disbursement in this Paragraph shall be deemed reduced from $52,800 to $25,300, and Husband shall have no further obligation to make payments under this Paragraph. 3. In the event that Wife remarries or cohabits with an unrelated member of the opposite sex, Husband's obligation to make any remaining payments from that month forward shall cease. For example, if Wife begins cohabiting with an unrelated male after two years and six months have passed from the date of execution of this Agreement, the total cash disbursement in this Paragraph shall be deemed reduced from $52,800 to $19,800, and Husband shall have no further obligation to make payments under this Paragraph. 31 of 39 SECTION III COUNSEL FEES. SPOUSAL SUPPORT. APL, AND ALIMONY 23. COUNSEL FEES: Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. ALIMONY. APL. AND SUPPORT: The parties acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support, including but not limited to the distribution of various investments and/or retirement accounts, the payment of cash resources from Husband to Wife, and the anticipated receipt of pension payouts, as detailed in Paragraph 22. The parties acknowledge that the cost of living may increase or decrease, that their respective estates may increase or decrease in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore the parties hereby expressly waive, discharge, give up and release any and all rights and claims which they may now or hereafter have by reason of the parties' marriage, separation or divorce to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a Court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to 32 of 39 contribute to the support and maintenance of the other. From the execution date of this Agreement it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 25. HEALTH INSURANCE FOR WIFE AND HUSBAND. Husband has heretofore provided health insurance coverage for Wife, through his employment with the military. As a result of his extended service with the United States Army, and the length of Wife's marriage to Husband during his service, Wife meets the "20/20/20" requirements of the Uniformed Services Former Spouses' Protection Act, and is entitled to certain benefits therein, including but not limited to commissary, Px and health care benefits. Wife understands that pursuant to this law, she will retain said benefits until her death, and/or remarriage. Wife agrees that she shall be responsible for securing and paying for any health care, including but not limited to medical, dental, vision, psychiatric, and/or chiropractic, that is not provided under the benefits accorded to her through the military. Wife further agrees that in the event that the scope of her benefits is in any way affected through change of law and/or change of her marital status, Husband has no further responsibility for the provision of health care and/or health insurance for Wife, and that said circumstances shall not be grounds for any post-divorce order of alimony and/or support. 26. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets 33 of 39 and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than fifteen (15) days from the date of this Agreement. D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance the 34 of 39 party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefore. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. Cancellation of Joint Debts: Any joint debt shall be cancelled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. 1. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it 35 of 39 becomes due and payable. J. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. 27. DOCUMENT EXECUTION: Wife and Husband covenant and agree that they will forthwith and within at most ten (10) days after demand therefore, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other writings as may be necessary or desirable for the proper effectuation of this Agreement, and which shall be executed in order to carry out fully and effectively the terms of this Agreement. Such documents include, but are not limited to, an affidavit of consent, a life insurance change of beneficiary, a life insurance application, deeds, trusts, mortgage applications or refinancing documentation, bank account or safe deposit box releases, checks, Escrowee letters of direction, IRS forms and other tax forms, transfers of automobile, boat or other assets involving certificates of title, letters to creditors, and health insurance documents. 28. JURISDICTION: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. While the parties understand that they 36 of 39 may from time to time remove themselves from the jurisdiction, it is their understanding and their intention that this Agreement shall be valid and effective without respect to where the parties are domiciled ay any time in the future, or where in the world property owed or controlled by either party is located. If, under the laws of any other jurisdiction either party would be entitled to any right, power or interest under the laws of that jurisdiction, then only to the extent necessary to effect a complete waiver, release or relinquishment of such right, power or interest, and thereby effectuate this Agreement, the laws of such jurisdiction shall apply. If one or more provisions of this Agreement shall be held invalid or unenforceable under the laws of any jurisdiction, the parties intend that such invalidity or unenforceability shall not affect the remaining provisions, which shall nonetheless be valid and enforceable. If it is necessary that any invalid provision be replaced in order to interpret properly the remaining provisions of the Agreement, any such invalid provision shall be replaced by a valid provision which fulfills as closely as possible the intent and purposes of the invalid provision. It is intended by the parties that no additional rights be conferred on them other than as set forth in this Agreement by the laws of any jurisdiction whatsoever. 29. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall continue in full force, effect and operation. SECTION IV CLOSING PROVISIONS AND EXECUTION 30. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and 37 of 39 the same agreement. 31. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 32. BINDING EFFECT. By signing this Agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: Qx"S' (SEAL) Donato Mark Dinello, Sr. Date: 1 EAL) Estelle Marie Dinello Date: 7 -/ 7 - U 9 38 of 39 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF On this, the day of , 2008, before me, a Notary Public, the undersigned officer, personally appeared Donato Mark Dinello, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF On this, the day of , 2008, before me, a Notary Public, the undersigned officer, personally appeared Estelle Marie Dinello, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. Notary Public: 39 of 39 OF THr. tt ly LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 13, 2007. 2. The complaint was served by first class and certified mail, said Certified Mail receipt signed by Estelle Marie Dinello, Defendant, on November 30, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 17 4" (L?4 Donato Mark Dinello, Sr. GENE OF THE 0;1 )N TARY 20P4 AUG 25 AM ! 1= 38 A _ , LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date:/ 7 AC4 Donato Mark Dinello, Sr. ,?t - OF -? c s 2Q9 AEG 25 Ali ?t 38 C,?°py? FA LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on November 13, 2007. 2. The complaint was served by first class and certified mail, said Certified Mail receipt signed by Estelle Marie Dinello, Defendant, on November 30, 2007. 3. The marriage of plaintiff and defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service of the complaint. 4. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: J"s -42v X10 , Estelle Marie Dinello OF THE 2009 AUG 25 AM 11: ' 38 PFPIIl4' YI-VAJ JEA LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: U 11"et 1.' { gx , zz'? Estelle Marie Dinello A tJ---f---C) OF THE 2009 AUG 28 AM 11: 38 ?.? 77-IT . I T, )l PEN".SYi %??I F DONATO MARK DINELLO, SR., Plaintiff VS. ESTELLE MARIE DINELLO, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 6863 CIVIL IN DIVORCE ORDER OF COURT ?n AND NOW, this day of riualaL-1 2009, the economic claims raised in the proceeding having been resolved in accordance with a marital settlement agreement dated August 17, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: /Lesley J. Beam Attorney for Plaintiff ?L'stelle Marie Dinello Defendant r (2- r. I AIM Edgar a ey, P. . FILED- 1} R'f`C Or THE P;';:l MONI IOTARY 2004 AUG 28 P; 2: 0 4 1 4i,? , Ir iii ? .. ? r. i i< - 11 DONATO MARK DINELLO, SR., VS. ESTELLE MARIE DINELLO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 07-6861 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) M )(W of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: rmpl a; nt- was served by certified mail, one ^t•t'endant, who signed the mail receipt on November 30, 2007 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 8/17/2009 ; by defendant 8/1912009 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None There is a Marital Separation Agreement executed by the parties which is incorporated for enforcement purposes but not merged. 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: 8/ 2 5/ 2 0 0 9 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: 8/25/2009 Plaintiff/Defendant FiLU"- 0:-11 t _ OF, THE =Il 11''?TARY 2009 AUG 3 1 F2: 16 it Donato Mark Dinello, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Estelle Marie Dinello NO 07-6863 DIVORCE DECREE AND NOW, it is ordered and decreed II(I:at Donato Mark Dinello, Sr. plaintiff, and Estelle Marie Dinello , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action I for which a final order has not yet been entered. Those claims are as follows: (If Ihb claims remain indicate "None.") None. Attest: J. k r onotary ? ? /?, G?l? G?vt? C?? f??:?? ? ??? .c?a.,? ,? .? -, .-~.. ~~ ~_ 1 LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 HOWETT, KISSINGER & HOLST, P.C .130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 'I'ele~hone: (717) 234-2616 DONATO MARK DINELLO, SR., Plaintiff, vs. ESTELLE MARIE DINELLO, Defendant. a,oco L y ~.: , E~ c :; . R~.e13- ~3 p~ 2. ~ F. i - .,, Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6863 CIVIL ACTION -LAW IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF MILITARY COURT ORDER AND NOW, this 1st day of June, 2010, Donato Mark Dinello, Sr. and Estelle Marie Dinello, do hereby stipulate and agree that the following shall be ORDERED, ADJUDGED and DECREED: 1. The parties hereto were husband and wife, and a divorce action has been completed in this Court at Docket Number 07-6863. This Court has jurisdiction over the parties in accordance with the laws of the Commonwealth of Pennsylvania by reason of the residence and domicile of both parties in the territorial jurisdiction of the court, other than because of military assignment. No party has objected to this Court's jurisdiction. The parties were married on November 24, 1973, and were divorced by decree docketed at the above number on ~ lb , 2009. 2. PARTICIPANT NAME -The Participant is Donato Mark Dinello, Sr., whose date of birth is November 22, 1950 and whose Social Security Number is 192- 38-2636 (hereinafter referred to as "Participant"). Participant has served in the United States Army and is a participant in the Military Retirement System, alternately known as the Armed Forces Retirement System and the US Military Annuitant Plan (hereinafter referred to as the "Plan") The Defense Finance and Accounting Service is the current designated agent for the Plan . 3. Participant has performed more than ten (10) years of creditable service in the U.S. Army during his marriage to the below-named Alternate Payee. 4. The current and last known mailing address of Participant is 6122 Sligo Mill Road N.E. Washington, DC 20011. 5. ALTERNATE PAYEE -The former spouse of Participant is Estelle Marie Dinello, whose date of birth is October 22, 1951 and whose Social Security Number is 197-42-1771 (hereinafter referred to as "Altemate Payee"). Altemate Payee has raised claims for, inter alia, equitable distribution of marital property under applicable state law. 6. The current and last known mailing address of Alternate Payee is 236 Fineview Road, Camp Hill, Pennsylvania 17011 BENEFITS AND BENEFIT ADJUSTMENTS 7. Participant's interest in the Plan is marital property subject to distribution by this Court, including any Special Separation Benefit (SSB) and any Voluntary Separation Incentive (VSI) benefits. 8. The monthly benefit to be awarded to the Altemate Payee is 50% of the Participant's monthly disposable retired pay the Participant would have received had the Participant retired with a retired pay base of $8,000 and with 20 years of creditable service. It is understood that, by law of the military, the award to the Alternate Payee shall not exceed fifty percent (50%) of Participant's actual disposable retired pay. TIMING OF BENEFITS TO FORMER SPOUSE AND COST OF LIVING ADJUSTMENT 9. The benefit specified in Paragraph 8 shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Participant actually retires or otherwise enters retirement/pension/retired pay status for whatever reason, subject to any required actuarial adjustments. Alternate Payee shall share in any scheduled and/or ad hoc increases to pensioners in proportion to the retired pay awarded to her by this Order, so that Alternate Payee will continue to receive 50% of Participant's retired pay. In the event of the diminution of Participant's disposable retired pay by reason of his federal employment, if same shall occur, any amount payable to Alternate Payee under this Order shall be reduced in proportion to the monies awarded to her by Order. DISABILITY 10. It is understood that pursuant to applicable law, Alternate Payee may not receive any portion of Participant's disability pay. In the event that Participants disposable retired pay is diminished as a result of Participant's receipt of disability pay, Alternate Payee's percentage of said disposable retired pay shall remain unchanged. DURATION AND TERMINATION OF BENEFITS TO FORMER SPOUSE 11. Participant has not elected the Survivor Benefit Plan (hereinafter "SBP"), and no such election shall be made. Alternate Payee is only entitled to the specific benefits under the Plan as provided for in this Order. All other rights, privileges and options under the Plan not granted to Alternate Payee are preserved for Participant. 12. The regular monthly payments awarded to Alternate Payee by this Order cease at the first to die of either party. As Participant has not elected SBP, and shall not do so per agreement of the parties, Alternate Payee's payments under this Order shall cease. After benefits commence, if Alternate Payee shall predecease Participant, then Participant's retired pay shall be restored, for future payments only, to the amount it would have been as if there were no Alternate Payee. 13. The Plan to which this Order applies is stated in Paragraph 2 above, or any successor plan thereto. The Plan shall issue individual tax forms to each recipient for amounts paid to each such person. 14. The parties to this Order shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. 15. Neither party designates an attorney to act as his or her representative for receipt of copies of all notices pertaining to this Order. Instead, all notices shall be sent directly to Participator and Alternate Payee. 16. It is intended that this Order shall qualify under the Uniformed Services Former Spouse's Protection Act, P.L. 97-252, 10 U.S.C. Sec. 1408. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status. Unless ordered by a court of competent jurisdiction, or otherwise addressed herein, this Order shall not be affected by any change in circumstances of either party, including but not limited to remarriage, cohabitation, or support concerning a dependant child. It is hereby cert~ed that this Order has not been amended or suspended. 17. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Military Court Order. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. WITNESS: (SEAL) Partici ant -Donato M. Dineilo, Sr. o~te~~ ~,~ 1 ~ 1 c7 the Participant C~~ /"~l. (SEAL) Alternate Payee -Estelle M. Dinello Dat®: ~~ (D -2 Q to COMMONWEALTH OF VIRGINIA ' ) 5S: COUNTY OF ) On this, the~~~day of , 2010, before me, a Notary Public, the undersigned officer, personally eare Donato Mark Dinello, Sr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and Agreement for the Entry of Military Court Order and acknowledged that he executed the same for the purposes therein contained. ~, ~~,~•~;`"""' IWI'TNESS THEREOF, I hereunto set my hand and of~"icial seal. i . ~ti Z .:ti .. ~' L a... :: . t • ~ ~ r* ~ ~ .• ~, ` ~* • f~ ''•.~F~G~fYr~ ~~~.~'~ ' f~~~t//Illi<<i~ ' COMMONWEALTH OF PENNSYLVANIA `~„` SS: COUNTY OF Vtw~ P~~ ~aM~ ) On this, the ~ day of tn~ , 2010, before me, a Notary Public, the undersigned officer, personally appeared Estelle Marie Dinello, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Stipulation and Agreement for the Entry of Military Court Order and acknowledged that she executed the same for the purposes therein contained. IN WITNESS THEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notary Publ>< v' Notarial Seal William D. Wierman, Notary Public NOt PUb11C: New Cumberland Boro, Cumberland County My Commission Expires Sept. 15, 2012 Memb@r. Pennsylvania Association of Notaries AUK 17 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONATO MARK DINELLO, SR., ) Plaintiff ) v. ) ESTELLE MARIE DINELLO, ) Defendant ) NO. 07-6863 CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT ~th AND NOW, this ~~ day of , 2010, based upon the attached Stipulation and Agreement for the Entry of Military Court Order, ~i/Gd on.~~, 2010, it is hereby ORDERED, ADJUDGED and DECREED that the terms of said Stipulation and Agreement are hereby made a final Order of Court. BY THE COURT: ~~ ~. Distribution: / Lesle J. Beam, Es uire, P.O. Box 810, Harrisbur PA 17108 Tel hone: 717 234- Y q S, ~ ~ ) 2 s. Estelle M. Dinello, 236 Fine View Road, Camp Hill, PA 17011 8~! Z/(O ~7 9V r.,~ ,~ . _. 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