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HomeMy WebLinkAbout03-5576 LEANNE Q. STASIULATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WILLIAM P. STASIULATIS, Defendant NO. 0'3- 557& IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 NI HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE S FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 II lEANNE Q. STASIUlATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVil ACTION - lAW NO. t>.!J- 5571,. WilLIAM P. STASIUlATIS, Defendant 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 Section 3302 (d) of the Divorce Code, you may request that 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. 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. vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEANNE a. STASIULATIS, Plaintiff CIVIL ACTION - LAW NO. D3' j"'.!,-1f. WILLIAM P. STASIULATIS, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LEANNE a. STASIULATIS, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LEANNE a. STASIULATIS, an adult individual who currently resides at 110 Northgate Drive in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is WILLIAM P. STASIULATIS, an adult individual who currently resides at 110 Northgate Drive in Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 22 June 1968 in Baltimore, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT 11- EaUIT ABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11 . Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. II WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. S uel L. An s Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 10//3/0.1 -J6 A'A?An-,'10f-~ ) i-t:f~NE Q. ST~U'LA TIS <-:30 4t::. .......... i'- ....... \;> ~ v~ Q. ~ ~ "I -.....:) "'t. 50 VI o 1 --D <;; 0 (... 'l. 't, r, a? "- d--- ~ "~ --;::S ~ ~ ~ -' ,~ ~ .~,> LEANNE Q. STASIULATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 03 - 5576 WILLIAM P. STASIULATIS, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE To the Prothonotary: Please enter the appearance of Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire on behalf of the Defendant, William P. Stasiulatis, in this proceeding. " EIDNER ( Dated: November 14, 2003 0 0 0 c w ., 5:: z ~ ;-J \:.j [I.' a -,"j -p rn .c: I~;::; Z ~;~: \Tl L~ ,c(' ~ -' .- -~. ~,) r;:: ~. -'0 -q ::- z(> ::1:; -) (') L.,'.", ;---)1"11 ~; , ", ~. c ~~-~ :~ :.n ,cD =2 Ul =< LEANNE Q. STASIULATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW WILLIAM P. STASIULATIS, Defendant NO. 03-5576 CIVIL TERM IN DIVORCE DEFENDANT' S COUNTER-AFFIDAVIT UNDER SECTION 3301 (01 OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose "the entry of a Divorce Decree. -;;7 (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): /Ii) The parties to this action have not lived separate and apart for a period of at least 2 years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. v('b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit are true and correct. nderstand that false statements herein are made subject to the penalties of 18 Pa. C.S. ection 4904 relating to unsworn falsification to authorities. ate: 2-/1//1;4 ~. "~ WILLIAM . -t,:-tSIULA TIS' NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO OT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS OUNTER-AFFIDA VIT. (") c s: ,. ,,' r"" t~ z :~ '" = = .... ..., I"'l co N W o ." :r nl ::0 r- :9m __,JO ~(:, :;'::C:r C)-;~ .;~t.. ) 5rn ::;'-1 ~.o .< ~ ~? +"" LEANNE Q. STASIULATIS, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5576 CIVIL WILLIAM P. STASIULATIS, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ,<jJfu day of > /td/Jt bu 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated September 12, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COllRT, , cc: .;(~muel L. Andes Attorney for Plaintiff \/ii '.] \;,/\1/<;.1'::' (Jd \ I ~ ',-""" ," ~'" -'~'l,,",,,,,,, I .J_I'\; 1\ -' " , ,~: ii' i1 tv o I : III~V fJ- AON SOlll AHv'lO,:Gi:J.Gid :JHl :l0 3JH:lO-G311:J I i !I Ii II I' II I I I I II I II Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and iI II II li d II I, II II I' il I' Ii II II ,I I! II I I PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this jJ,'tfr.. day of ~4~("' ,2005, is by and between: WilLIAM P. STASIUlATIS, of 1002 Havenwood Court in Mechanicsburg, lEANNE Q. STASIUlATIS, of 5416 Oxford Drive in Mechanicsburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 June 1968 in Baltimore, Maryland, and agree that they separated, for purposes of their divorce litigation, on or about 31 December 1999; and WHEREAS, two children were born of this marriage, William Stasiulatis, Jr., and Suzanne Stasiulatis, both of whom are adults and fully emancipated and are not the subject of this agreement; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-5576 before the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties wish to enter into an agreement for the division of their common property and to define their respective rights, duties, and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable -1- II I I II !i considerations, and intending to be legally bound and to legally bind their heirs, successors, II II II , I , i assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. RESIDENCE. The parties acknowledge that they sold their former marital residence at 110 Northgate Drive in Camp Hill, Cumberland County, Pennsylvania, that settlement on that sale was held on 17 June 2005, and that the net proceeds of that sale, after II 'I !I il " Ii Ii II :1 " !! 'I I ,I II II II II II II II I II I' I I I I payment of the costs of settlement and the balance owed on the home equity loan to Pennsylvania State Bank, was $334,507.42. The parties shall divide and distribute equally the net proceeds of that sale with each of them receiving $167,253.71 and will accomplish the division and distribution of those proceeds within five days of the date of this agreement, if not sooner. 2. MARYLAND CONDOMINIUM. The parties acknowledge that, during the marriage, Husband obtained a one-half interest, jointly with Wife's brother, Walter Quick, in a condominium unit in Columbia, Maryland, and that Husband's interest in the condominium unit is marital property, although the title to the unit remains in the name of Walter Quick. The parties shall retain their interest in the condominium unit after the date of this agreement and the final decree in divorce contemplated by the parties, with each of them owning a 25 percent interest in the condominium unit and its profits and distributions. They shall cooperate with Walter Quick in the management of the unit and the distribution of income generated by it and, when the unit is sold (which will be done under the control of Mr. Quick), and the proceeds are divided, each of them, or their heirs, successors or assigns, shall receive twenty-five (25%) percent of the net proceeds of such sale. Ti1c 8rr8AgjOFAeFlt! of II ,e ~a, ti~:!, ICgj8relinSj tho GOI,til,ued ovvl.cFship :and m~r:16tg,H+18Rt af tAE e6flcloFAiniblVR !JRil t:tlall be ceFltFolI~d Ly d 7 separate 8gjfCEI'I"ICFlt I913tw99n the ~~rtiei, jQinArl in by '^':;llter Quieil, iA the ferffillttael9cd heleto 8ReI ffiaFlmEl 8S [xl9ibit flI. 3. WIFE'S RETIREMENT BENEFITS WITH SERS. The parties acknowledge that, during the marriage and as a result of her employment by the Commonwealth of -2- II II ,I il I, i, II Pennsylvania, Wife obtained certain benefits in the State Employees Retirement System. The II II parties have previously exchanged information regarding those benefits and Husband has had II II I II 'I ,I il II i1 II il I, , 1 il II II il I I I , , I I the benefits valued by an expert of his choice. Being aware of the existence and approximate value of those assets, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in those benefits and confirms them to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver any documents which may be required by the State Retirement System to place in effect his waiver of any interest in those benefits. 4. HUSBAND'S IRS WITH T. ROWE PRICE. The parties acknowledge that, during the marriage, Husband obtained an individual retirement account which had a value at the end of March, 2005, of $6,011.32. Being aware of that account, and as part of the overall agreement regarding the distribution of assets, Wife does hereby waive and release any claim to or interest in the IRA and confirms it to be the sole and separate property of Husband to do with as he chooses. Wife shall make, execute, acknowledge and deliver any documents which may be required by T. Rowe Price to place in effect her waiver of any interest in the IRA. 5. WIFE'S ACCOUNTS WITH MERRILL LYNCH. The parties acknowledge that Wife currently holds an investment account and an individual retirement account with Merrill Lynch and that those accounts at the present time, have a balance or value of approximately $50,000.00. They further acknowledge that the source of those accounts, and their status as marital or non-marital property is somewhat in dispute. Regardless of all of that, however, and being aware of those assets and his claims against them, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in those accounts and confirms them to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver -3- Ii 1\ I I i I ii Ii i any documents which may be required by Merrill Lynch to place in effect his waiver of any i interest in those accounts. I, Ii I I I II II II II q II II II II I[ I, II I I I 6. WIFE'S ACCOUNTS WITH MELLON BANK AND PSECU. The parties acknowledge that, prior to 31 December 1999, Wife held an account with Mellon Bank and that the funds from that account are now held in an account in her name with the Pennsylvania State Employees Credit Union ("PSECU"). The parties have previously exchanged information regarding that account and, having received that information, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in that account and confirms it to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver any documents which may be required by PSECU to place in effect his waiver of any interest in that account. 7. HUSBAND'S CHARLES SCHWAB IRA. The parties acknowledge that Husband has an individual retirement account with Charles Schwab, that the balance in that account, on . I I I 31 May 2005, was $416,510.02, and that the account is marital property. They further I, I I I i acknowledge that Husband has withdrawn funds from the individual retirement account to meet his living expenses and to pay certain other debts, obligations, and expenses, since the separation of the parties. Being aware of all of that, and as part of the overall agreement regarding the distribution of assets, the parties agree that they shall distribute the account as follows: A. Husband shall transfer, from his Charles Schwab account, into a tax- deferred account in Wife's name, as directed by Wife, in the form of a tax-free rollover transfer, the amount of $142,510.00, plus 33.7% of all increases in the value of Husband's Charles Schwab IRA after 31 May 2005, less 33.7% of any decreases in the value of said account after that date and until the date of transfer. The funds transferred to Wife shall be transferred into an individual -4- I I i 1\ II II i' II il Ii II Ii Ii II I, 'I II II " " II " II II I II I, Ii I I' ,I " I', , II II II [I II 'I The parties shall cooperate with each other, Charles Schwab and its representatives, and their I I retirement account or other tax-deferred investment account in Wife's name alone, which she shall specifically direct Husband to make the transfer, in writing, and shall be her sole and separate property, free of any further claim by Husband, after the date the transfer is made. B. After the transfer to Wife in accordance with sub-paragraph A hereof, Husband will retain the balance of the funds and assets in the IRA, and shall be his sole and separate property, free of any further claim by Wife. C. The parties will cooperate to complete the transfer contemplated by this paragraph as promptly as possible after the date of this agreement. In the event that a Qualified Domestic Relations Order or any other order of court is required to complete such transfer, the parties will cooperate to obtain such order as promptly as possible and they will share equally the cost of obtaining and implementing such order, except for each party's individual legal fees, which , shall be the sole obligation of the party incurring them, counsel to effect the transfer contemplated by this paragraph as promptly as possible after the date of this agreement. 8. PERSONAL PROPERTY. The parties agree that they previously completed the transfer or distribution of their motor vehicles. In addition, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as -5- may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 9. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, -6- I' .1 'I II Ii !i !l Ii I: ii !i ii release and quitclaim any and all claim against or interest in assets now currently in the ;i II possession or held in the name of the other, it being their intention to accept the terms and il provisions of this agreement in full satisfaction of all of their claims to the marital property of " II the parties and the equitable distribution of the same. Ii 11. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in " Ii the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, Ii Ii and each of the parties hereto by these presents for himself or herself, his or her heirs, II " il I, [I II II !I II II I' il II Ii il II I executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not I previously disclosed or provided for in this agreement. Each of the parties hereby represents I to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or othelWise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. -7- iI II I II II II II II II II made full disclosure of the assets and income and income sources owned, controlled, or , I I I I I I 13. DISCLOSURE. Both of the parties hereto represent to the other that they have enjoyed by either of them and that neither party hereto has withheld any financial information from the other Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with I, I, I an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial I information about all assets owned by either party and all liabilities owed by either party and i have the right to have a court force such disclosure in a divorce action. Being aware of those I il rights, the parties expressly waive the right to further disclosure or discovery regarding marital I assets, liabilities, incomes, and finances and agree that they are satisfied with their II understanding of their legal rights and obligations. Being so aware and satisfied, the parties I mutually accept the terms and provisions of this agreement in full satisfaction of any and all I I rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce -8- II II II II II Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony II II II :I II I I , , I i il Ii d I' il 'I i[ II I. II .II il I i I i I II iI II II I I i I I II pendente lite, counsel fees, equitable distribution, and the like. 15. BREACH. In the event that any of the provisions of this agreement are materially breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have materially breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. -9- II II I I I II II I I accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. I 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall I I be declared void or invalid, only such part shall be deemed void and in all other respects this I Ii Agreement shall remain valid and fully enforceable. II \\ Agreement shall in no way be deemed or considered a waiver of any other term, condition, i I clause or provision of this Agreement. I I' and year first above written. II II (' II I~.. . tJ(j/~ {"// (fJ/!/ tA*1 / Itness 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day /' ~~~~\, e s ' -10- 1\ !, II I' COMMONWEALTH OF PENNSYLVANIA I SS.: , COUNTY OF -GUMBERLAND T::f1-RPf+; i\J ) ! I On this, the l:?iI" day ofSLp+ew.l2u~, 2005, before me, the undersigned officer, i personally appeared WILLIAM P. STASIULATIS known to me (or satisfactorily proven) to be : the person whose name is subscribed to the within instrument, and acknowledged that said !I person executed same for the purposes therein contained. " I ! II I I I I I' II II II II ,I Ii II I I IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMl>10NWEAUH OF PENNSYLVANIA ~)j{~ au /(18 jl;aiff/1 /J1a//l y CommiSSion xplres: rlliZ(Zt/)? Notarial Seal Harva Owings Baughman, Notary Public City of Harrisburg. Dauphin County My Commission Expires July 12, 2008 Member, Pennsylvania ,l\ssoci1'ltiol'l of Notaries COMMONWEALTH OF PENNSYLVANIA ) (SS.: COUNTY OF CUMBERLAND ) On this, the ~.h day of 11t:t./.QlLLL , 2005, before me, the undersigned officer, personally appeared LEANNE Q. STASIULATIS known to me (or satisfactorily proven) to be' the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Llm~'Y\U4uJu J'\Li) My C mission Expires: NOTARIAL lIIN.. fIllY.. ....... """"'IC ~~"'~ '-COuNTY III' CC-11l181ON EXPIIlEI.... 4,.. -ll- LEANNE Q. STASIULATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA V5. NO. 03 - 5576 WILLIAM P. STASIULATlS, Defendant CIVIL ACT.ION - LAW IN DIVORCE AFFIDAV!T OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on October 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. S 4904 relating to unsworn falsification to authorities. Wt!Jud~ William P. Stasiulatis, Defendant Dated: November&, 2005 ~, ) "v C) \',~ c':' =(1 ~l'1 , .1 LEANNE Q. STASIULATIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VS. NO. 03 - 5576 WILLIAM P. STASIULATIS, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsifications to authorities. , Dated: November~, 2005 r"..) GJ .~:? ~ \ \ :0 0:: II LEANNE Q. ST AS1ULA TIS, Plaintiff ) ) ) ) ) ) ) ) ) vs. I,! !i " I WILLIAM P. STASIULATIS, Defendant " I :i "I II II II II TO THE PROTHONOTARY: II I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5576 IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Personally served on Defendant on 6 November 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 30 November 2005 By Defendant: 21 November 2005 (b) (1) Date of execution of the Affidavit required by Section 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. 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 30 November 2005 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 21 November 2005 and filed on or about 22 November 2005. Date: 30 November 2005 (~~ ~' ",i Samuel L. Andes Attorney for Plaintiff c.:; ...., (~.-:, ,~ I;...q n "'1 I ~ I LEANNE Q. STASIULATIS, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) vs. ) CIVIL ACTION - LAW ) ) NO. 03-5576 CIVIL TERM WILLIAM P. STASIULATIS, ) Defendant ) IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on I 22 October 2003 and served ufOn the Defendant personally on 6 November 2003 I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) I' days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of I Intention to Request Entry of the Decree. i' 'I I, II '[ II II I II I WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301Ic) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '/(~~~:~~~S,i~,~L;bZ:~/. dC05 Dated: ...., C-.~' r:::'";:~ C..>",,/ (...~, 'H' '-n ...... ...,- ;Jj ~ = -~ . II Ii II I I I' ,I I' II ., I' Ii Ii Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and 'I II II " p 'I I, I 'I II II II I I , II " II I I ! PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this JJ-'ft... day of ~4.(.l" ' 2005, is by and between: WILLIAM P. STASIULATIS, of 1002 Havenwood Court in Mechanicsburg, LEANNE Q. STASIULATIS, of 5416 Oxford Drive in Mechanicsburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 22 June 1968 in Baltimore, Maryland, and agree that they separated, for purposes of their divorce litigation, on or about 31 December 1999; and WHEREAS, two children were born of this marriage, William Stasiulatis, Jr., and Suzanne Stasiulatis, both of whom are adults and fully emancipated and are not the subject of this agreement; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-5576 before the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, the parties wish to enter into an agreement for the division of their common I property and to define their respective rights, duties, and obligations; and II WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable -1- ,1 . , ." \ I considerations, and intending to be legally bound and to legally bind their heirs, successors, ii " II II II II Ii !i II n I II I, Ii 'I I, p I I II II d II II 'I II I, \i II ,[ II I I I I I ! assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. RESIDENCE. The parties acknowledge that they sold their former marital residence at 110 Northgate Drive in Camp Hill, Cumberland County, Pennsylvania, that settlement on that sale was held on 17 June 2005, and that the net proceeds of that sale, after payment of the costs of settlement and the balance owed on the home equity loan to Pennsylvania State Bank, was $334,507.42. The parties shall divide and distribute equally the net proceeds of that sale with each of them receiving $167,253.71 and will accomplish the division and distribution of those proceeds within five days of the date of this agreement, if not sooner. 2. MARYLAND CONDOMINIUM. The parties acknowledge that, during the marriage, Husband obtained a one-half interest, jointly with Wife's brother, Walter Quick, in a condominium unit in Columbia, Maryland, and that Husband's interest in the condominium unit is marital property, although the title to the unit remains in the name of Walter Quick. The parties shall retain their interest in the condominium unit after the date of this agreement and the final decree in divorce contemplated by the parties, with each of them owning a 25 percent interest in the condominium unit and its profits and distributions. They shall cooperate with Walter Quick in the management of the unit and the distribution of income generated by it and, when the unit is sold (which will be done under the control of Mr. Quick), and the proceeds are divided, each of them, or their heirs, successors or assigns, shall receive twenty-five (25%) percent of the net proceeds of such sale. 1'1 ,I;; 8rr8R~CFRcllt! of H ,e ....CI,l;".!. re!:larelil'l!:l the GOlll;'lueJ Ovvl (E:FSt:li~ arld m:dr;t~9Qm9r\t af ttle eePl6eH:r\iFlilJm blAit ~Rall be eeFltlolled Ly d' separate BSlree.F\"t:.nt eetx991l the p~l:ti9i! jQin~d in by '^'.Iter Ql:Jiel(, if) the forffi ettacl9cd he, ell:> aReI fflaR\eel as [xl9ibit A. 3. WIFE'S RETIREMENT BENEFITS WITH SERS. The parties acknowledge that, during the marriage and as a result of her employment by the Commonwealth of -2 - . 'II . j, parties have previously exchanged information regarding those benefits and Husband has had the benefits valued by an expert of his choice. Being aware of the existence and approximate value of those assets, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in those benefits and confirms them to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver any documents which may be required by the State Retirement System to place in effect his waiver of any interest in those I benefits. , I ,I I II I I I ! I If d , 4. HUSBAND'S IRS WITH T. ROWE PRICE. The parties acknowledge that, during the marriage, Husband obtained an individual retirement account which had a value at the end of March, 2005, of $6,011.32. Being aware of that account, and as part of the overall agreement regarding the distribution of assets, Wife does hereby waive and release any claim to or interest in the IRA and confirms it to be the sole and separate property of Husband to do with as he chooses. Wife shall make, execute, acknowledge and deliver any documents which may be required by T. Rowe Price to place in effect her waiver of any interest in the IRA. 5. WIFE'S ACCOUNTS WITH MERRILL LYNCH. The parties acknowledge that Wife currently holds an investment account and an individual retirement account with Merrill Lynch and that those accounts at the present time, have a balance or value of approximately $50,000.00. They further acknowledge that the source of those accounts, and their status as marital or non-marital property is somewhat in dispute. Regardless of all of that, however, and being aware of those assets and his claims against them, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in those accounts and confirms them to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver -3- . ,[I . i! I il II I I " i( I: 'I I. Ii ,I i' 'I I[ II I( II Ii II II I II II 11 H Ii I' I I I I i I I , I II " any documents which may be required by Merrill Lynch to place in effect his waiver of any interest in those accounts. 6. WIFE'S ACCOUNTS WITH MELLON BANK AND PSECU. The parties acknowledge that, prior to 31 December 1999, Wife held an account with Mellon Bank and that the funds from that account are now held in an account in her name with the Pennsylvania State Employees Credit Union ("PSECU"). The parties have previously exchanged information regarding that account and, having received that information, and as part of the overall agreement regarding the distribution of assets, Husband does hereby waive and release any claim to or interest in that account and confirms it to be the sole and separate property of Wife to do with as she chooses. Husband shall make, execute, acknowledge and deliver any documents which may be required by PSECU to place in effect his waiver of any interest in that account. 7. HUSBAND'S CHARLES SCHWAB IRA. The parties acknowledge that Husband has an individual retirement account with Charles Schwab, that the balance in that account, on . 31 May 2005, was $416,510.02, and that the account is marital property. They further acknowledge that Husband has withdrawn funds from the individual retirement account to meet his living expenses and to pay certain other debts, obligations, and expenses, since the separation of the parties. Being aware of all of that, and as part of the overall agreement regarding the distribution of assets, the parties agree that they shall distribute the account as follows: A. Husband shall transfer, from his Charles Schwab account, into a tax- deferred account in Wife's name, as directed by Wife, in the form of a tax-free rollover transfer, the amount of $142,510.00, plus 33.7% of all increases in the value of Husband's Charles Schwab IRA after 31 May 2005, less 33.7% of any decreases in the value of said account after that date and until the date of transfer. The funds transferred to Wife shall be transferred into an individual -4- , II " I I I I Ii Ii II II r ,I II II II Ii II II I: 'I II " Ii d !i II I I, 'I II i I II 'I I, I il I I I retirement account or other tax-deferred investment account in Wife's name alone, which she shall specifically direct Husband to make the transfer, in writing, and shall be her sole and separate property, free of any further claim by Husband, after the date the transfer is made. B. After the transfer to Wife in accordance with sub-paragraph A hereof, Husband will retain the balance of the funds and assets in the IRA, and shall be his sole and separate property, free of any further claim by Wife. C. The parties will cooperate to complete the transfer contemplated by this paragraph as promptly as possible after the date of this agreement. In the event that a Qualified Domestic Relations Order or any other order of court is required to complete such transfer, the parties will cooperate to obtain such order as promptly as possible and they will share equally the cost of obtaining and implementing such order, except for each party's individual legal fees, which shall be the sole obligation of the party incurring them. The parties shall cooperate with each other, Charles Schwab and its representatives, and their counsel to effect the transfer contemplated by this paragraph as promptly as possible after the date of this agreement. 8. PERSONAL PROPERTY. The parties agree that they previously completed the transfer or distribution of their motor vehicles. In addition, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as -5- I , I I I .1 Ii ! may be in the individual possessions of each of the parties hereto, the effective date of said I II I I I I I, II II " II 'I I, II il Ii II bill of sale to be contemporaneous with the date of the execution of this Agreement. 9. WAIVER OF ALIMONY, SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony I I pendente lite, counsel fees and expenses beyond those provided for herein, during the " d II II II I[ I' I I I pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 10. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, -6- II 'I I Ii II 1/ release and quitclaim any and all claim against or interest in assets now currently in the II possession or held in the name of the other, it being their intention to accept the terms and II I' ,I I. II II !I II I , i 'I I, Ii 11 'I I, il [I I provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 11. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in I Ii Ii I) absolute divorce which either party may have against the other. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. -7- 13. DISCLOSURE. Both of the parties hereto represent to the other that they have I made full disclosure of the assets and income and income sources owned, controlled, or Ii Ii Ii II II il II II Ii II I' ,I \1 II I, II ,I II II I I I II i I enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce -8- II il I I I' il !I Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony ii Ii pendente lite, counsel fees, equitable distribution, and the like. I !f I: 'i breached or violated by either of the parties, the other party shall be entitled to enforce this i: II agreement by an appropriate action in law or in equity or to take any other action to which they II are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event II that such action is commenced by one of the parties and the other party is found to have II materially breached or violated any of the terms and provisions of this agreement, the party !I having so violated or breached the agreement, shall be responsible for and shall promptly pay II upon demand the reasonable attorney's fees incurred by the other party to enforce their rights II hereunder. II II II!, divide all of their marital property, resolve all of the economic claims between them, and II terminate and conclude any and all claims one party may have against the other. The parties II il acknowledge that each of them has had ample opportunity to consult with an attorney of their I' choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their 15. BREACH. In the event that any of the provisions of this agreement are materially 16. RELEASE. The parties acknowledge that the purpose of this agreement is to heirs, successors, and assigns, does hereby accept the terms and provisions of this ,I agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. -9- '. -II . 'I .' " II 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in II accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall 1 I be declared void or invalid, only such part shall be deemed void and in all other respects this I Ii Agreement shall remain valid and fully enforceable. il 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this i, II Agreement shall in no way be deemed or considered a waiver of any other term, condition, II clause or provision of this Agreement. III II and year first above written. Ii 1\ (' 1/ iIGz%J/.6 {/! (M/I/Pf/L ~ess II ~ ~~~\, [I~ IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day ~.. ~~ / ~i ~NEt/ST ~rU~TIS. ///hz-;; ) -10- , .1\ . h I i. I , II 'I I! II Ii 'I Ii ! I I , I I I I I I il I I I II I' I 'I I II I I COMMONWEALTH OF PENNSYLVANIA ) . " (S8.: COUNTY OF CUMBERL^.N01A1-UPl}fl\J ) On this, the )'2-Jh day of Si-pWlVLW ,2005, before me, the undersigned officer, personally appeared WILLIAM P. 8TASIULATIS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. "OMMONWEALIH OF PENNSVLVANIA Notarial Seal Harva Owings Baughman, Notary Public City of Harrisburg, Dauphin County My Commission Expires July 12, 2008 Member, Pennsylva.nia A~$ocialior of Notaries . 1 ;t!/U);a flv /(18 ~Uf{f1IJ1an y CommiSSion xpJres: rf/IZ!ZtJJc{ COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the ~}, day of i1tt-tDlW. , 2005, before me, the undersigned officer, personally appeared LEANNE Q. STASIULATl8 known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~'YilWL J'V\)__ My C~mission Expires: ---- NOTARlALII/lL /IIIl'tM.'Wlllll_flUlLlr ....,lII-.~r'=_COLlNTyl IWca- IIIIONEXPIllEI........ -11- II LEANNE Q. STAS1ULATIS, Plaintiff ) ) ) ) ) ) ) ) ) vs. WILLIAM P. STASIULAT1S, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-5576 IN DIVORCE 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Personally served on Defendant on 6 November 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 30 November 2005 By Defendant: 21 November 2005 (b) (1) Date of execution of the Affidavit required by Section 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. 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 Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 30 November 2005 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 21 November 2005 and filed on or about 22 November 2005. Date: 30 November 2005 By ~~ Samuel L. Andes Attorney for Plaintiff /;, 7 vj(l l )1' '-J ,..., <::::::'.;:. ~ o !"'.,-, C") I o -n ._~ T n\:;rJ r~~: (-, .-'0' -_.--. -, C) ,'(, " .. . . . . . . . . . . . . . . . . . . . . . . . . ""'IoO~~:f.:f. ~~ ~ :f.:f.:f.~~:f. ~~~ ~~ ~~:f.~~:f.~:f.~ ~~+.~ ~~+.+.+.~+ ++.:+:+ *+++ ++' '+' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PEN NA. STATE OF LEANNE Q. STASIULATlS, 2003-5576 No. Plaintiff VERSUS WILLIAM P. STASIULATIS, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE e.:r 3:0 3 ~.;1'1 . 2005 ~lc IT IS ORDERED AND AND NOW, LEANNE Q. ST ASIULA TIS PLAINTIFF, DECREED THAT WILLIAM P. STASIULATIS , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . . . . . . . THE TERMS AND PROVISIONS OF THE PARTIES' PROPERTY SETTLEMENT AGREEMENT DATED 12 SEPTEMBER 2005, A COPY OF WHICH IS ATTACHED HERETO, ARE ORATE 0, BUT SHALL NOT MERGE WITH, THIS FINAL DECREE IN DIVORCE. THE TERMS AND OVISIONS OF THE P OPERTY SETTLEMENT . . . . . . . AGREEMENT SHALL CONTINUE TO BE VALID AS ~4.4.<f. ~ ~ . . . . . PROTHONOTARY AmST{'~ r . . . . . . . . . . '. . . +. ++.+'f'+'+' ++++.+':+:+ +.'f+++'+++ +++.+'+'+.'f++'++++ +++.++.+.++ ++++.+.++++ . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , , . , . , , . . . . . , . . . . . . J. . . . . . . . ~ b? ~ ~,u:,SC7 t"'/ -C/ ~ LP ;:: ~"IV~'?;JC?/ .~. P/ - ?:'/ ...... ':' ~: t ~. ~:'\