The URL can be used to link to this page

Home My WebLink About03-5873 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2003 -S'173 C~oi.l<-r€JLW) JOSEPH CORREALE, Plaintiff SHIELA ROSE CORREALE Defendant : Civil Action - In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any claim of 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 grounds 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JOSEPH CORREALE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - CV - SP1.3 (J;~'J.. ~~ SHIELA ROSE CORREALE Defendant Civil Action -In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, 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 the list. All necessary arrangements and the cost of counseling services are to be bome by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CV - JOSEPH CORREALE, Plaintiff SHIELA ROSE CORREALE Defendant Civil Action -In Divorce COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Joseph Correale, by and through his attorneys, the Offices of Fenstermacher and Associates, P.C" and files this Complaint in Divorce as follows: COUNT I DIVORCE PURSUANT TO 23 Pa. C.S.A. 53301(a)(6) 1. Plaintiff Joseph Correale is an adult individual currently residing at 2900 Society Hill Drive Apartment 009, Camp Hill, Pennsylvania. 2. Defendant is Shiela Rose Correale is an adult individual currently residing at 406 David Drive, Camp Hill, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on the 3rd day of July, 1998, in Cape May, New Jersey, 5. Plaintiff avers that the ground upon which this action is based is that the Defendant has offered indignities to the Plaintiff such as to render his condition intolerable and life burdensome. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II EQUITABLE DMSION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 10. The averments of paragraphs 1 through 9 above are incorporated herein by reference as if set forth in full. 11. The parties are the owners of various items of personal property and real property which qualify as marital property as defined in Section 401 of the 1980 Divorce Code, as amended. 2 12. Said marital property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Plaintiff requests this Honorable Court equitably divide, distribute and assign all of the parties' marital property. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. DATEO'lf1r'J ~~ . ! John R. Fenstermacher \ Supreme Court 1.0. #29940 '-..,.. 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff 3 VERIFICATION I, Joseph Correale, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. ~904 relating to unsworn falsification to authorities. DATED: It ff1 . \ /!./' :/L-l ( ..../ ... ~~. ..// 'BY::>/~ t~0-:0" v/ Joseph Correale p 1'[ - ..... - -t- G'"' ..t -... l>v - o \:; .-Iq ( ~ R.J -.:.: () ~ ~ . , v, d&O I I ~b ~~ ~ C" ~. ~~ .~. li:, '-1 Q:}:: 2r c:, . ~ r'~L 5" 2': "'~ 1--....;..' ......~~ J C~l .-f' .. 7_1 '" r:- -'-J -< 0"\ .:<: ~,~ ~.;'~ JOSEPH CORREALE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : : NO. 2003 - 5873 CIVIL TERM SHlELA ROSE CORREALE, Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance as counsel of record for the Defendant, Shiela Rose Correale, in the above-captioned matter. Respectfully submitted, DALEY LAW OFFICES 1-1'1-04 Date ~~L Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Defendant o .c: 7'j:.:" N -0 -. - -.',.,. (.0 C;) C.., "" C_':;;;'> ~22 c.. ::,;;;,,, ;;;.:;:: o on --, or- !'"'fi:::n r-. urn .-:r]l~r (:) .:..._,(") ~--' .'r" ;')-11' 'c.b ,;:~IT: ".;':; -c JOSEPH CORREALE, Plaintift' : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA : CIVIL ACTION - LAW v. SHIELA ROSE CORREALE, Defendant : NO. 2003 - 5873 CIVIL TERM : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody 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, High and Hanover Streets, 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 OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la dernanda y Ia notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a !as demandas en contra de su persona. Sea avisado que si usted no se defiende, Ia corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cua1quier queja 0 alivio que es pedido en la peticion do dernanda. Usted puede perderdinero 0 sus propiedades 0 otros derechos importanlltes para usted. LLEVE ESTA DEMANDA A UN ABODAOO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE .PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA AVERIGUAR OONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOSEPH CORREALE, Plaintift' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SHlELA ROSE CORREALE, Defendant : NO. 2003 - 5873 CIVIL TERM : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIMS AND NOW comes the above Defendant, Shiela Rose Correale, by her attorney, Cara A. Boyanowski, Esquire, and files this Answer with Counterclaims as follows: COUNT I DIVORCE I. The avennents set forth in Paragraph One are admitted. 2. The averments set forth in Paragraph Two are admitted. 3. The averments set forth in Paragraph Three are admitted. 4. The averments are set forth in Paragraph Four are admitted. S. The averments set forth in Paragraph Five are denied. Defendant specifically denies that she have offered indignities to the Plaintiff such as to render his condition intolerable and life burdensome and demands strict proof of same at trial. 6. The averments set forth in Paragraph Six are admitted. 7. The averments set forth in Paragraph Seven are denied. Defendant specifically denies that the marriage is irretrievably broken, in so much, as the Plaintiff will not speak to her to inform her as to the reason for the divorce and if anything can be done to rectifY the marriage. 8. The averments set forth in Paragraph Eight are admitted. 9. The averments set forth in Paragraph Nme are admitted. COUNT II EOUITA.RLE DISTRIBUTION 10. Defendant incorporates by reference the averments and answers thereto, set forth above, to the Complaint in Divorce. II. The averments set forth in Paragraph Eleven are admitted. 12. The averments set forth in Paragraph Twelve are admitted. COUNTERCLAIMS COUNT m DIVORCE 13. Paragraphs Onethrough Twelve of the Complaint are incorporated herein by reference as though set forth in full. 14. Defendant avers that the ground upon which this action is based is that the Plaintiff has offered indignities to the Defendant such as to render his condition intolerable and life burdensome. COUNT IV ALIMONY IS. paragraphs One through Twelve of the Complaint are incorporated herein by ,d'"..,nce as though set forth in full. 16. Defendant lacks sufficient property to provide for her reasonable means. 17. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in her favor. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 18. Paragraphs One through Twelve of the Complaint are incorporated herein byreference as though set forth in full. 19. PlaintifIearns in excess of$90,OOO.OO gross per year and has assets which have not yet been ascertained. 20. Defendant is presently unemployed, having been fired from her employment at Husband's company, and has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 21. Defendant is unable to sustain herself during the course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verify that the statements made in this Answer with counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SA ~4904 relating to unsworn falsification to authorities. By: ~WCL ~o C~ S eIa Rose Correale, Defendant Date: \-iiC-C\ -Ow. By(!~~I11~L Attorney No. 68736 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Attorney for Defendant A::) ~ '{g, '[ ~ (') ~ fl:- e ~ 'fl "- .c- IJJt::~; c... X::!J 8 "". ...Q , ,. ~ iJ ~ (>~ :1:; w ~ - 0 !;;',~f': ~ VV 'Iv .... -", ~( .ij;'i~~; ::z: ....c 1'\) (5'" ~ ;2 ~ "{) =< VI ~ Q) r-".. ~ CI1 NANCY L. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 03-5783 LARRYE. ADAMS, Defendant : CIVll.. ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFlDA VIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 3,2003. 2. The maniage of the Plaintiff and the Defendant is irretrievably broken and ninety 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 after service of notice of intention to request entry of the decree. 4. 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: .;;) 100~lo-1 . Signature: n O~, ~ ~ ~ancy L. Adams ; < (J "" 0 = c: C=~ TI ..c- ..." =;:J rr1 1l11::}~! = m 1",) -0 '~J ::~)l 0' S~~ --',- II ,. (;.S?i - ~:;~rn ...." :q _..I ()1 -< (..J -<. NANCY L. ADAMS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : No. 03-5783 LARRYE. ADAMS, Defendant : CIVIL ACTION - LAW : INDNORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DNORCE DECREE UNDER SECTION 3301(c) OF THE DNORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 4. 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. e.S. ~ 4904 relating to unsworn falsification to authorities. Date: ;) /;)3 J 0 '-i , , Signature: ~~ -h (1~An \ Nancy L. Adams Cl c:'. ~ 'il -., ':,' g l"'>.':l '0'"'1 -~.-::-, -- -'>, o -0 .-' -;~. f~1 '~drD ....cr (~1~' Z~~?) ~-, ") \'\1 --::::'.\ .;..... ....-~ .-<. - <J' (.,:J ~ JOSEPH CORREALE, P1aintift' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2003 - 5873 CIVIL TERM SHIELA ROSE CORREALE, Defendant : IN DIVORCE ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant, in the above matter, being the recipient of a Complaint in Divorce, filed on the 6th day of November, 2003, hereby elects to retake and hereafter use her maiden name of SHIEL A ROSE RUDY, and gives this written notice avowing her intention in accordance with the provision of 54 Pa.C.SA ~704(a). Date: 1- d-~- oLf ~~ R~~-~$-. - Shiela Rose Correale TO BE KNOWN AS: ~~~ ~..~ COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN AFFIDAVIT On the j)d)n6 day of 2004, before me, a Notary Public, personally appeared Shiela Rose Correale, known to m~o e the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. I ~ L.. - NOTARiAL SEI\L -.--1 PATRICIA A. PATTON. Notary Public Lower Paxton Twp., Dauphin County I My Commission Expires ~'un~20, 2q06.-J 0 ...., Cj C~ c- = -1'1 -p (::) -Q. .J:"' .-.1 -., r;1~:'~ ~ ~ r, ~ UJ -Db "', Y (). -_0' 0' ~~~() - (). .(~~ ...... D ..", ~ #. ~ ,- -'->- ~-: In . , ~ ~:--. -~::\ :) (,n ~'-1~.l :..~~~ ~ ~ CJj Lindsay Gingrich Maclay, Esquire Daley. Zucker & Gingrich. LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzqlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce PETITION TO ENFORCE STIPULATION FOR SUPPORT AND NOW, comes Petitioner/Defendant, SHIELA ROSE CORREALE, n/k/a SHIELA ROSE RUDY, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and avers as follows: I. Petitioner, the Defendant in the above-captioned divorce action, is Shiela Rose Correale, nlk!a Shiela Rose Rudy, an adult individual presently residing at 406 David Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife). 2. Respondent, the Plaintiff in the above captioned divorce action, is Joseph Correale, an adult individual, who, upon information and belief, is presently residing at 2900 Society Hill Drive, Apartment 009, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). 3. The Parties were married on July 3, 1998, in Cape May, New Jersey. 4. The Parties separated on or about August 27, 2003. S. Husband filed a Complaint in Divorce pursuant to 23 Pa. C.S.A. Section 3301(a)(6) on or about November 6, 2003 at the above-referenced term and number, wherein he requested, inter alia, equitable distribution of the Parties' marital property. 6. On or about January 30, 2004, in response to the Divorce Complaint filed by Husband, Wife filed her Answer with Counterclaims requesting, inter alia, alimony, alimony pendente lite, counsel fees, costs and expenses. 7. On or about March 30, 2004, the Parties and their respective counsel attended a Support Conference with Conference Officer RJ. Shadday of the Cwnberland County Domestic Relations Office, wherein, due to Husband's prior alimony obligation to his former wife and potential problems with accounting due to same, and further, upon recommendation of the Conference Officer Shadday, the Parties entered into a Stipulation for Support. A copy of the Stipulation is attached hereto as Exhibit "A" and is incorporated herein by reference. 8. Pursuant to the Stipulation, effective February 20, 2004, Husband, based upon his earnings at that time. was to pay Wife, who was assessed with an earning capacity, One Thousand One Hundred Fifty-Six and ($1, 156.00) Dollars per month in spousal support on or before the 15th day of each month. 9. In addition, pursuant to the Stipulation and due to an accrual of arrearages, Husband was to pay to Wife an additional Five Hundred ($500.00) Dollars for the first four (4) months of payments in order to payoff his accrued arrearage. 10. Husband paid his first four (4) payments in the amount of One Thousand Six Hundred Fifty-Six ($1,656.00) Dollars each, thereby paying off his accrued arrearage pursuant to Paragraph 2 of the Stipulation; however, since July of 2004, Wife has received no further spousal support payments. 11. Husband has refused to pay to Wife the sixteen (16) months of spousal support payments in the amount of One Thousand One Hundred Fifty-Six ($1,156.00) Dollars, thereby currently totaling Eighteen Thousand Four Hundred Ninety-Six ($18,496.00) Dollars. 12. Pursuant to Sections 310S(a) and 3S02(e) of the Divorce Code, Husband should be found in contempt of Court for failure to abide by the provisions of the Parties' April 14, 2004 Stipulation for Support. 13. Pursuant to the authority found at 3S02(e)(3) of the Divorce Code, Wife seeks interest at the rate of six percent (6%) per year until such time as the unpaid balance is satisfied in full, on her unpaid spousal support payments which unpaid payments currently total Eighteen Thousand Four Hundred Ninety-Six ($18,496.00) Dollars. 14. Wife also seeks reimbursement of attorney fees from Husband, pursuant to the authority found at 3S02(e)(7), in the amount of Seven Hundred Fifty ($750.00) Dollars, for fees incurred by Wife in enforcing the provisions of the Parties' April 14, 2004 Stipulation for Support. WHEREFORE, Petitioner/Defendant, Shiela R. Rudy, respectfully requests this Honorable Court find Respondent/Plaintiff, Joseph Correale, in contempt of Court for failure to abide by the provisions set forth in the Parties' April 14, 2004 Stipulation for Support. Petitioner/Defendant further requests this Honorable Court to enter judgment against Respondent/Plaintiff in the amount of Eighteen Thousand Four Hundred Ninety-Six ($18,496.00) Dollars, plus interest at the rate of six percent (6%), from July 15,2004, until paid in full, and to order Respondent/Plaintiff to pay to Petitioner/Defendant's attorney fees in the amount of Seven Hundred Fifty ($750.00) Dollars. Respectfully submitted, By: Ma y, Esquire Supreme Co I.D. No. 87954 1029 Scenery Drive Harrisburg, PAl 7] 09 (717) 657-4795 Attorneysfor Petitioner/Defendant Lindsay Gingrich Maclay. Esquirc Daley. Zuckcr & Gingrich, LLC 1029 Sccncl)' Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Imaclav((jidzl!law.com VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. ) \- oS-o~ ~~dY~ ~ Date: By: Exhibit "A" JOSEPH CORREALE, PlaintitT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2003 - 5873 CIVIL TERM SHIELA ROSE CORREALE, nlkla SHIELA ROSE RUDY, Defendant IN DIVORCE STIPULATION FOR SUPPORT WHEREAS, Shiela Rose Correale, now known as Shiela Rose Rudy (hereinafter referred to as "Wife") and Joseph Correale (hereinafter referred to as "Husband") are husband and wife, having been married on July 3, 1998, in Cape May, New Jersey; WHEREAS, WIfe and Husband separated on August 27, 2003; WHEREAS, the parties having appeared at a spousal support conference before R.J. Shadday on March 30, 2004, upon the petition of Wife, and having been apprized of certain problems that may develop due to Husband's prior alimony account through the PACSES system, Wife has agreed to withdraw her complaint for support with the Cumberland County Domestic Relations Office in consideration of Husband entering into the following stipulation for spousal support; WHEREAS, Husband agrees that in the event he fails to make timely spousal support payments to Wife through this Stipulation, she may immediately me a support complaint against him with the Cumberland County Domestic Relations Office; NOW THEREFORE, intending to be legally bound, the parties agree as follows: 1. Husband shall pay the sum of One Thousand One Hundred Fifty-Six ($1, I 56.00) Dollars, per month, to Wife in spousal support, effective February 20,2004. Said payments are to be made directly to Wife and received no later than the fifteenth day of each month. 2. Husband acknowledges that arrears have accrued in the amount of Two Thousand Three Hundred Twelve ($2,312.00) Dollars from the effective date, February 20,2004, until March 30, 2004. In order to decrease these sums, Husband agrees to provide Wife with an additional payment of Five Hundred ($500.00) Dollars for the first four (4) months of support, effective inunediately. Husband agrees that the first payment of One Thousand Six Hundred Fifty-Six ($1,656.00) Dollars shall be paid to Wife no later than March 31, 2004. 3. Husband shall continue to provide Wife with medical coverage at the current levels until such time as Wife can obtain medical coverage through employment, or until such time as a Decree in Divorce is entered between the parties, whichever event occurs first in time. 4. Any non-reimbursed medical expenses that exceed Two Hundred Fifty ($250.00) Dollars annually for Wife are to be paid by the parties in proportion to their incomes. Based upon the current income of Husband and the earning capacity of Wife established by the Cumberland County Domestic Relations Office, all such expenses shall be paid seventy-nine (79%) percent by Husband and twenty-one (21 %) percent by Wife. IN WITNESS WHEREOF, the parties have set forth their hands and seals this ~ JJ\ day of ~LJ , 2004. WITNESS: >M~~ John~. Fenstermacher, Esquire Counsel for Husband (!~~l Counsel for Wife ~" ~ 'i2- Q ""t'J ShielaR. Rudy , Lindsay Gingrich Maclay. Esquire Daley. Zucker & Gingrich. LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav<1ildzalaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/kla SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE AND NOW, this ~ day of November, 2005, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a copy of the Petition to Enforce Stipulation for Support. Said Petition for Enforce Stipulation for Support was served by depositing same into the United States Mail, postage pre-paid, on the J4~day of November, 2005, to the following person at the following address: John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P.c. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Petitioner/Defendant 1-" ",.' , , 0 "__J <~- " -n ::::1 .......::; f,.~ t. ~, d 1'.) . c, '- ...J c.: .< s i , I , NnV17/U05 : , BY_Jt~__~__~=J Lindsay Gingrich Maclay. Esquire Daley. Zucker & Gingnch. LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclay@dzQlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/k/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce ORDER AND NOW, this J/.K day of tJ~ 200S upon consideration of the attached Petition to Enforce Stipulation for Support, IT IS HEREBY ORDERED AND DECREED that a Conference/Hearing concerning the Petition shall be held on th<.:_~ ~ day of ,:J ~~ -r ' 200~ at /.'0 0 o'clock ~_M_ in Courtroom No..s- of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. /~~'"-~') ~E-. ;" J. fl-;)(~l><; /I. ~_._'I I C~~ _,~ ]lk \ \ \ ~\ '-s.... ;.-' ., ,,.;..\0~I;L \ (.I r\J" .. .." \' '-- ,:,':~~ .~~(..\. .,1"\ '" .~-"\\.\ \.' ,,-.\ " '., '., d~'~-'- \") ,.~ f'.~:'::"; ,._-J~,.r.\;'-:,'"j ,.-,. ",'il i,I',. ,,-,\ --;d Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzqlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlkla SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE AND NOW, this 22nd day of November, 2005, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a copy of the Petition to Enforce Stipulation for Support, along with Judge Guido's November 21, 2005 Order attached thereto. Said Petition for Enforce Stipulation for Support and the Order attached were served by depositing same into the United States Mail, postage pre-paid, on the 22nd day of November, 2005, to the following person at the following address: John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P.C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Petitioner/Defendant t.~~ ,-:::,1 ,:;.:) ~.;.', ..J 'f". ,-,1 r) c> <? r<) r'.:' - ----- JOSEPH CORREALE Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - CV - 5873 SHIELA ROSE CORREALE, n/kla Sheila Rose Rudy, Defendant Civil Action - In Divorce PLAINTIFF'S REPLY IN OPPOSITION TO DEFENDANT'S PETITION TO ENFORCE STIPULATION FOR SUPPORT AND NOW, come Defendant/Respondent, Joseph Correale, by and through his attorneys, Fenstermacher and Associates, P.C., and responds to Defendant's Petition to Enforce Stipulation for Support as follows: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted in part, denied in part. It is admitted that Joseph Correale, herein after "Plaintiff," and Sheila Rose Correale, n/kla Sheila Rose Rudy, hereinafter "Defendant," entered into a Stipulation for Support, hereinafter "Support Agreement," on the date in question, however, it is denied that Defendant's seventh (th) averment fully or accurately encapsulates the motive or purpose behind the Support Agreement. It is further averred that while the Support Agreement was entered into outside of a formal Domestic Relations decision, the Rules governing the determination of spousal support through Domestic Relations, as to changed circumstances, still apply. 8. Admitted 9. Admitted 10.Admitted 11. Denied. Plaintiff has not refused to pay Defendant spousal support payments in the averred amount; Plaintiff is incapable of paying spousal support payrnents to Defendant in the averred amount due to the loss of his business and a total lack of income. 12. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 13. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. 14. Denied. This paragraph asserts a legal conclusion to which no response is required. Waiving none of the foregoing, to the extent that a response is required, this paragraph is hereby denied. NEW MATTER 15. Paragraphs 1 through 14 are incorporated fully herein by reference. 16.At the time the Support Agreement was entered into, Plaintiff was owner and operator of "Plumbottom," located at the Camp Hill Mall, Camp Hill, Pennsylvania, a business engaged in the selling of shoes, among other items. 17. "Plumbottom" was Plaintiffs sole means of income. 18. On or about July 1 0, 2004, Plaintiff was forced to close "Plumbottom" due to the demolition of its location, the Camp Hill Mall. 19. From July 1 0, 2004 to December 8, 2004, Plaintiff neither owned nor operated any business. 20. From July 10, 2004 until atter December 8,2004, Plaintiff received no income from any source. 21. Effective June 1, 2004, Defendant became fully employed with Delta Development Group at an annual salary of $34,000.00. 22. Plaintiff was not formally informed of Defendant's new employment until the receipt of a letter from Defendant's counsel on or about July 22, 2004. 23. Plaintiff was incapable of fulfilling the requirements of the Support Agreement following the closure of "Plumbottom." 24. Defendant failed to avail herself to the sole remedy as provided by the Support Agreement. 25. Pursuant to the Support Agreement, in the event that Plaintiff violated the Support Agreement, Defendant is to file a support complaint against Plaintiff with the Cumberland County Domestic Relations Office, not a Petition To Enforce Stipulation For Support with the Court of Common Pleas of Cumberland County. 26. Defendant's claims are barred by the doctrine of impossibility of performance. 27. Defendant's claims are barred by the doctrine of laches. 28. Defendant's claims are barred by the doctrine of unclean hands. WHEREFORE, Respondent/Plaintiff, Joseph Correale, respectfully requests this Honorable Court deny, with prejudice, Petitioner/Defendant's, Sheila Rose Correale, nlkla Sheila Rose Rudy, Petition To Enforce Stipulation For Support. Respectfully Submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ~~L Supreme Court 1.0. #29940 Matthew Aaron Smith Supreme Court 1.0. #94603 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorneys for the Plaintiff CERTIFICATE OF SERVICE AND NOW, this b~ay of December, 2005, I, Matthew Aaron Smith, Esquire, hereby certify that I have served the foregoing Plaintiffs Reply In Opposition To Defendant's Petition To Enforce Stipulation For Support by mailing a copy by United States first class mail, addressed as follows: Lindsay Gingrich Maclay, Esquire DALEY, ZUCKER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 FENSTERMACHER AND ASSOCIATES, P.C. By: i~~l Supreme Court 1.0, #29940 Matthew Aaron Smith Supreme Court 1.0. #94603 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attomeys for Plaintiff ., .\ \ .::) c-', '- Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich. LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzQlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlkla SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce DEFENDANTIPETITIONER'S ANSWER TO I\EW MATTER AND NOW, this ~"'-aay of December, 2005, comes Petitioner/Defendant, SHIELA ROSE CORREALE, nlkla SHIELA ROSE RUDY, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and Answers Plaintiffs New Matter as found in Plaintiffs Reply In Opposition to Defendant's Petition to Enforce Stipulation for Support as follows: IS. Paragraphs I through 14 of DefendanVPetitioner's Petition to Enforce Stipulation for Support is incorporated by reference as if set forth fully herein. 16. Denied. DefendanVPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof thereof is therefore demanded at Hearing. 17. Denied. DefendanVPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof th(:reof is therefore demanded at Hearing. By way of further answer, Plaintiff /Respondent has been a savvy business owner for many years and DefendanVPetitioner finds it hard to believe that Plaintiff /Respondent would have closed his store without providing some income source and/or money stockpile during the time that the store was closed. 18. Denied. DefendantJPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof thereof is therefore demanded at Hearing. 19. Denied. DefendantJPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof thereof is therefore demanded at Hearing. 20. Denied. DefendantJPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof thereof is therefore demanded at Hearing. By way of further answer, Plaintiff/Respondent has b,:en a savvy business owner for many years and DefendantJPetitioner believes that Plaintiff/Respondent would have made adequate provision to protect his income and the business revenues in the event of any business interruption during the time that the store was closed. 21. Admitted. 22. Denied. DefendantJPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof th,:reof is therefore demanded at Hearing. By way of further answer, no where in the Stipulation, a document reviewed and negotiated by counsel for parties, is there a requirement that one party notifY the other of a change in circumstances - the Stipulation was a private contract between lhe parties hereto and should be governed by contract principles, not the support guidelines, especially in light of the fact that no provisions regarding change in circumstance were included in the Support Stipulation, a document reviewed by counsel for both parties. Regardless, Attorney Cara Boyanowski, after a request by Attorney Fenstermacher to do so, provided him with DefendantlPetitioner's income information, along with a new spousal support calculation. Alternatively. it can be intimated from Plaintiff/Respondent's Paragraph 22, that although he was not "formally informed" of DefendantlPetitioner's "new employment", that he was already aware of same. 23. Denied. DefendantlPetitioner is without knowledge or information sufficient to form a belief as to the truth of this averment. Strict proof th'~reof is therefore demanded at Hearing. By way of further answer, Plaintiff/Respondent has b(:en a savvy business owner for many years and Defendant/Petitioner finds it hard to believe that Plaintiff/Respondent would have closed his store without providing some income source and/or money stockpile during the time that the store was closed. Additionally, upon information and belief, Plaintiff/Respondent's counsel was involved in the negotiation and review of the Support Stipulation which document failed to relieve the Plaintiff/Respondent of any support obligation in the event of a change in circumstances, despite that he knew about the imminent store closing. 24. Denied. It is denied that DefendantlPetitioner's sole remedy is provided for in the Support Stipulation. The Support Stipulation is a private contract between the parties hereto and as such, can to be governed by contract law. 25. Denied as stated. It is denied that DefendantlPetitioner's sole remedy is provided for in the Support Stipulation. The Support Stipulation is a private contract between the parties hereto and as such, is governed by contract law. By way of further answer, the Stipulation for Support provides that "in the event [Plaintiff/Respondent] fails to make timely spousal support payments to [DefendantlPetitioner] through this Stipulation, she !nav immediately file a support complaint against him with the Cumberland County Domestic Relations Office." "May" is discretionary language leaving Defendant/Petitioner to pursue any and all remedies that can be afforded her under basic contract principles/law as Plaintiff /Respondent has similarly attempted to avail himself of the defenses available under contract principles/law. 26. Denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is requested, this averment is specifically denied. 27. Denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is requested, this averment is specifically denied. By way of further answer, prior counsel, Attorney Cara Boyanowski. left her affiliation with Daley, Zucker & Gingrich, LLC, in November of 2004, where after the undersigned counsel undertook to represent DefendantlPetitioner. Upon the undersigned's involvement, the parties indicated to both counsel that they wished to attempt to reach a global settlement of the divorce matter, including equitable distribution. As such, since the undersigned's involvement, counsel has been attempting, although unsuccessfully, to reach a global settlement, in the hopes of avoiding the necessity of re- visiting the spousal support issue. When it became apparent that the parties were not going to reach an agreement, the undersigned filed the Petition to Enforce Support Stipulation. 28. Denied as a conclusion of law to which no responsive pleading is required. To the extent that a response is requested, this averment is specifically denied. By way of further answer, Plaintiff /Respondent entered into the Support Stipulation, upon advice of counsel, without the Stipulation having been drafted to include a provision for "change in circumstances" when according to Attorney Fenstermacher's November 21, 2005 letter to the undersigned, "[e]verybody involved knew of this [the closing of Plum Bottom in the Camp Hill Mall] eventuality." WHEREFORE, Defendant/Petitioner, Shiela Rudy, respectfully requests this Honorable Court DENY Petitioner/Defendant's request to deny, with prejudice, PetitionerlDefendant's Petition to Enforce Stipulation for Support; HOLD the Hearing currently scheduled for January 5, 2006 at I :00 p.m.; and GRANT Defendant/Petitioner's relief as requested in the Petition to Enforce Stipulation for Support by finding Respondent/Plaintiff, Joseph Correale, in contempt of Court for failure to abide by the provisions set forth in the Parties' April 14, 2004 Stipulation for Support. Petitioner/Defendant further requests this Honorable Court to enter judgment against Respondent/Plaintiff in the amount of Eighteen Thousand Four Hundred Ninety-Six ($18,496.00) Dollars, plus interest at the rate of six percent (6%), from July 15,2004, until paid in full, and to order Respondent/Plaintiff to pay to Petitioner/Defendant's attomey fees in the amount of Seven Hundred Fifty ($750.00) Dollars. Respectfully submitted, By: Attorneys for Petitioner/Defendant . . Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclav@dzqlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE. Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/k/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE AND NOW, this f!J}! day of December, 2005, I, Lindsay Gingrich Maclay, Esquire, hereby certify the following person was served with a copy of th(: Petition to Enforce Stipulation for Support. Said Petition for Enforce Stipulation f~upport was served by depositing same into the United States Mail, postage pre-paid, on the ~~y of December, 2005, to the following person at the following address: John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P.C. The Jonas Rupp House 5 II 5 East Trindle Road Mechanicsburg, Pennsylvania 17050 Respectfully Submitted, DALEY. ZUCKER & GINGRICH, LLC By: Attorneys for Petitioner/Defendant <~ .- ,. " JOSEPH CORREALE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003 - CV - 5873 SHlELA ROSE CORREALE Defendant Civil Action -In Divorce PLAINTIFF'S MOTION FOR CONTINUANCE AND NOW comes the RespondentIPlaintiff Joseph Correale by and through his attorneys, the Offices of Fenstermacher and Associates, P.c., and represents to the Court the following: I. Plaintiff's counsel will be unable to attend the hearing now scheduled for the 5th day of January, 2006 at 1:00 P.M in Courtroom No.5 ofthe Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania; and 2. Plaintiff's counsel has contacted Petitioner/Defendant Shiela Rose Correale's counsel and discussed the continuance and Defendant's counsel has concurred in the request. ... WHEREFORE, RespondentIPlaintiff requests a continuance to a date no earlier than January 18,2006. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: ~#f ~ Jo R. Fenstermac er Supreme Court LD. #29940 Matthew Aaron Smith Supreme Court LD. #94603 5115 East Trindle Road Mechanicsburg, P A 17050 (717) 691-5400 Attorneys for Plaintiff Dated: December 12,2005 ." CERTIFICATE OF SERVICE AND NOW, on this J.1-. day of December, 2006, I, Matthew Aaron Smith, Esquire, hereby certify that I have served the foregoing Plaintiff's Motion for Continuance by mailing a true and correct copy by United States first class mail, addressed as follows: Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 717-657-4795 FENSTERMACHER AND ASSOCIATES, P.C. By: ~dd4~AAry~ atthew Aaron Smith t,.:.:.; - , DEe 1 6 2005. \ ~ IJt1 JOSEPH CORREALE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2003 - CV - 5873 SHIELA ROSE CORREALE Defendant Civil Action - In Divorce ORDER AND NOW, thiSot~y oflJlctrJtIl. 20Jupon consideration of Respondent/Plaintiffs Motion for Continuance of a hearing concerning the Petition to Enforce Stipulation for Support scheduled for the 5th day of January, 2006 at 1:00 P.M in Courtroom No.5 of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania, to which Motion Petitioner/Defendant has no objection, it is hereby ORDERED that said Motion is GRANTED. The above-captioned action is hereby continued Mi. __out. Ii in"" 'Ill. .,dlilu!lioR I.cillodlllltlihi wr llu 'lih of -''1 ,..;:'~ 1) d-f)OG' c:::r/:oop."", . lUVI'&y, J~.UUUL] I, ':OOL U AfT, -- - 0 I SOO~\ J. i)- Jo' OS (!~.~ .)745- '. /', 50 :'1 iU 82 JJO Seal AU\!lC':;i+_.'+:~.{~';:jd :!Hl .:iO J;)!:':!CCFIlI:l PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT, made this ~ day of JOkt.lL ,2006, by and between Joseph Correale of 2900 Society Hill Drive Apartment 009, Camp Hill, Pennsylvania ("Husband"), and Shiela Rose Correale of 406 David Drive, Camp Hill, Pennsylvania ("Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on the 3rd day of July, 1998; WHEREAS, marital differences have arisen between Husband and Wife, and as a result thereof, the parties are living separate and apart from one another; WHEREAS, Husband and Wife desire to settle and determine their respective rights and obligations concerning the disposition of property rights and interests between the parties. NOW THEREFORE, the parties, INTENDING TO BE LEGALLY BOUND, do hereby covenant and agree: 1. Wife's Debts: Wife represents and warrants to Husband that, from the date of this Agreement, she will not contract or incur any debt or liability for which Husband or his Estate might be responsible and shall indemnity and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Wife acknowledges and agrees that all debts and obligations incurred by the Wife, prior to the date of the delivery of this Agreement, and all further debts incurred by the Wife subsequent to the date of the delivery of this Agreement, shall be the Wife's individual responsibility. 2. Husband's Debts: Husband represents and warrants to Wife that from the date of this Agreement, he will not contract or incur any debt or liability for which Wife or her Estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by the Husband, prior to the date of the delivery of this Agreement, and all further debts incurred by the Husband, subsequent to the date of delivery of this Agreement, shall be the Husband's individual responsibility. 3. Joint Debts: Husband and Wife expressly represent that there are no joint debts or other debts incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in future. 4. Mutual Release: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever at law or in equity, which either of the parties ever had or now has against the other, except any or all causes of action for breach of any provision of this Agreement. 2 5. Real Propertv: Wife owns, individually, certain real property more commonly identified as 406 David Drive, Camp Hill, Pennsylvania (hereinafter "Marital Residence"). Husband hereby relinquishes any right, title or interest he may have in and to the former Marital Residence and Wife agrees to hold harmless Husband with regard to any and all payments associated with the Marital Residence. In the event that Wife would need Husband to execute a Quit Claim Deed, or similar document, relinquishing any right, title or interest he may have in and to the Marital Residence by virtue of the marital relationship, Husband hereby agrees to execute and deliver to Wife within ten (10) days of a request by Wife to do so, any and all documents necessary to give full force and effect to this Paragraph. 6. Motor Vehicles: The motor vehicles currently in possession of the respective parties shall become their sole and separate property. Wife hereby relinquishes any right, title or interest she may have in and to the motor vehicle(s) currently in Husband's possession and Husband hereby relinquishes any right, title or interest he may have in and to the motor vehicle(s) currently in Wife's possession. 7. Personal Propertv: Husband and Wife agree that the personal effects, household furniture money and furnishings and all other articles of personal property shall be the property of whichever party has possession of such property as of the date of this Agreement with the exception of two (2) chandeliers currently in Wife's possession which 3 she hereby agrees to return to Husband. As the subject chandeliers are fixtures, Husband shall make arrangements and pay to have a qualified electrician remove said chandeliers from Wife's home. The arrangements for the removal of said chandeliers shall be made through the Parties' counsel. The Wife and Husband expressly relinquish any and all claim or right which he or she may have to other's respective intangible personal property, including, but not limited to: stocks, bonds, insurance policies, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension funds, stock plans, 401 K plans, and the like. Should it become necessary or expedient, the parties each agree, upon request, to sign and deliver to the other party within ten (10) days of said request, any titles or documents necessary to give effect to the provisions of this Agreement. The parties hereby warrant that they each fully and completely disclosed to the other the existence, nature and value of all assets having a value in excess of $500 owned by them, either alone, jointly or in common, since the beginning of their marriage, and each of the parties acknowledge that such information received is adequate and complete for the purpose of the party receiving such information. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the 4 Pennsylvania Rules of Civil Procedure; however, each party aggress that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived. 8. After-Acquired Property: Each party expressly waives and relinquishes any right or interest he or she may have in property, whether real, personal or mixed, purchased or otherwise acquired by the other party after the date of this Agreement. 9. Waiver of Alimony: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. 10. Counsel Fees and Expenses: The parties hereby waive all right to alimony pendente lite, counsel fees or expenses and accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for said sums. 11. Cash Payment: Husband agrees to pay Wife the sum of Thirteen Thousand and No/100 ($13,000.00) Dollars over a period of eighteen (18) months, commencing April 1, 2006, and on the first day of each month thereafter. The payments will consist of seventeen (17) payments of Seven Hundred Twenty-five and No/100 5 ($725.00) Dollars each and a final payment of Six Hundred Seventy-five and No/100 ($675.00) Dollars. 12. Equitable Distribution: Husband and Wife each acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3501 et seq. of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. Subsequent Divorce: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary 6 to finalize said Divorce. Said Affidavits and Waivers shall be immediately filed with the Cumberland County Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 14. Effect of a Divorce Decree: The parties agree that this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Further, it is specifically agreed that a copy of this Agreement shall be incorporated, by reference, into a divorce judgment or decree. 15. Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract should be responsible for payment or legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 16. Advice of Counsel: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection: that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband has been 7 independently represented by John R. Fenstermacher, Esquire, of Fenstermacher and Associates. 17. Voluntary Execution: The provisions of this Agreement and their legal effect have been fully explained to the parties by their attorneys, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 18. Entire Aqreement: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. Modification and Waiver: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. Headinqs: Any headings preceding the texts of paragraphs herein are solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 21. Severability: The parties agree that the separate obligations contained in this Agreement shall be deemed interdependent. If any term, condition, clause or 8 provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and re-negotiated in order to fulfill, as closely as possible, the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. 22. Bankruptcv: 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, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 23. LeQal Expenses: Each of the parties hereto shall pay their own legal expenses incurred in connection with their mutual dispute. 24. Nature of Propertv Division: The parties believe and agree and have been advised by their respective attorneys that the division of property heretofore made by this Agreement is a non-taxable division of property in that there has been an equal division of the parties' respective marital assets. The division of the marital property as 9 called for under this Agreement is not intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of Section 1041 of the Internal Revenue Code, and as such, will not result in the recognition of any gain or loss upon the transfer by the transferor. Each party promises not to take any position with respect to any other issue, which is inconsistent with the preceding sentence on his or her federal or state income tax returns now and in the future. 25. GoverninQ Law: All matters affecting interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 26. AQreement BindinQ on Parties and Heirs: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. y~~ ~;~ ~ ,5\:Q~K ~J\o WITNESS: 10 C') C) "-1 ,;! '-" JOSEPH CORREALE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - CV - 5873 SHIELA ROSE CORREALE Defendant Civil Action - 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. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code 2. Date and manner of service of the complaint: Certified mail on November 7, 2003, copy of receipt dated November 8, 2003 attached hereto. 3. Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff April 6, 2006; by defendant March 24, 2006 4. Related claims pending: None. 5. Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: Filed herewith. Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: Filed herewith. I . John R. Fenstermacher Supreme Court I.D. #29940 5115 EaslTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff ("' <. OJ - S-P7.J (i, L<-- ~lu~ 19L~ CERTIFICATE OF SERVICE AND NOW, this 7:tA- day of November, 2003, I, John R. Fenstermacher, hereby certify that I have served the foregoing Complaint in Divorce by mailing a true and correct copy by United States first class mail, certified mail return receipt requested, postage prepaid, addressed as follows: Shiela Rose Correale 406 David Drive Camp Hill, Pennsylvania 17011 FENSTERMACHER AND ASSOCIATES, P.C. if' . ./ By: .. John R. Fenstermacher Supreme Court I.D, #29940 5115 EastTrindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff c . SENDER: Complete item. , and 2 when additional ..rvlce. are deafred, and comptet. items 3 and 4. Put your address In the "RETURN TO" Space on the reveree Ilde. Fallur. to do this will prevent this cerd from being retumedto you. T turnrec I f.. wI! vi outhenem fthe n ellvered e,and the det~ of delivery. For a ona ... t e 0 ow ng aerv e88 ar. BYI. e. onsu t pas master 'ee8 and c ack boxle.) for additional aervlce(sl requested. . 1. 0 Show to whom delivered. date, and addressee's addreas. 2. 0 Restricted Delivery (/llaru cltarge) (/llaru cltarge) 3. Artlclo Addressed to: 4. AlI"ti,..I.N..,.,..h..r 700:' ,1940 0006 8634 8049 ~1lMtdwu.w- 10ft; ZJtwid lJ;ciu.e ~~I P.4 1701/ ~pe of Service: Registered 0 Inlured Csrtlflod 0 COO O E M 11 0 Rstum Rscelot xpre.. II for March ndls Alway. obtain IIignature of addreNH or agent and DATE DELIVERED. 8. Add,..s..'s Add,... (ONLY if fflII"...., and fee paid) 7. PS Fo,m 3811. Mar. 1988 . U.8.G.P.O. t988-2t2-885 DOMESTIC RETURN RECEIPT <;2 .. < C G " '~;: -::\ ~ John R. Fenstermacher, Esquire Fenstermacher & Associates, P.C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 (717)691-5400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING COMMONWEALTH OF PENNSYL VANIA ) SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2004. 2. 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. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request marriage counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unswon: falsificatio~..~.authJL-ri'es. 'I /1" -0/' /' ...,1:'1 . 0'/'1'/' Date: ~ ~> .. 0 ~. ~~.. / c'I'-"? Jos ph eale, 'Plaintiff /' " ...1 -;-:" ';'. .... c:' _.~.- <: JOSEPH CORREALE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2003 - CV - 5873 SHIELA ROSE CORREALE Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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.A. Section 4904, relating to unsworn falsification to authorities. / ! ! . Correale . \', ....~ ",-'~-" .-"~ c Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich. LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclavia1dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELING COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on January 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorce after service of the Notice of Intention to Request Entry of a Divorce Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request marriage counseling prior to a Decree in Divorce being handed down by the Court. I verifY that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 relating to unsworn falsification to authorities. Date: 3-d'-\-O Co ~~ K ~^r\1 Shiela R. Rudy, Defendan~ Vu ...\ .... '" ~~.~ Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657,4795 Imaclav@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/k/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330I(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! 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. shig~en~ ~~ Date: ; ~:;,~ ..(j <.0 ",] "';-' c:.. Co, + + + + + + + + + + + + + + + + + + + + + + + + + ++ + .. + + . + + . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF*-, PENNA JOSEPH CORREALE. No. 2003-CV-5873 Plaintifj'.._ VERSUS SHIELA ROSE CORREA~~, Defendant DECREE IN DIVORCE + + + + + + + + . . . . . cA ~,'()~/,A . 2006, IT IS ORDERED AND ~ /I AND NOW,___ DECREED THAT JOSEPH CORREALE ______, PLAINTIFF, AND SHIELA ROSE CORREALE , DEFENDANT, . + + + . + + ARE DIVORCED FROM THE BONDS OF MATRIMONY. . + . + . + + THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTER EO; . + + NONE. Property S~paratinn Agreement dated March 24. 2006. is incorporated . herein and attached hereto. + PROTHONOTARY 8 . . ATTEST: . + . + + + . + + + + + + + + . + + + + + + + + + + . + . + . . . + + + + + + + + + + + + + + + + + . + + + + J + + + + + + _;ft,J ~ /'{1' ~ ~t??/, ,. ,~:.L 177:'17'lid'~y jc' .7' /fr""'/ ~? /31} ., , ~ '.o.'" ",,~..'" ""'. . "'. ; ')\."!";~< of"? ' '7C' fr / 17 ')'rc!t Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 lmaclaylaJ.dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/k1a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce PETITION TO ENFORCE PROERTY AND SEPARATION AGREEMENT AND NOW, this ~y of May, 2006, comes Petitioner/Defendant, Shiela Rose Correale, n/k/a Shiela Rose Rudy, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and avers as follows: 1. Petitioner, the Defendant in the above captioned divorce action, is Shiela Rose Correale, n/k/a Shiela Rose Rudy, an adult individual presently residing at 406 David Drive, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"). 2. Respondent, the Plaintiff in the above captioned divorce action, is Joseph Correale, an adult individual presently residing at 2900 Society Hill Drive, Apartment 009, Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"). 3. The Parties were married on July 3, 1998. 4. The Parties divorced on April 11, 2006. A copy of the Divorce Decree is attached hereto and incorporated herein as Exhibit "A." 5. The Parties' division of all marital property and debts occurred through a Property and Separation Agreement executed by the Parties on March 24, 2006 (hereinafter referred to as "PSA"). A copy of said Agreement is attached hereto and incorporated herein as Exhibit "B." 6. The provisions of Paragraph Eleven (11) of the PSA regarding a cash payment to Wife for her interest in and to the marital estate, which PSA was drafted by Husband's attorney, states as follows: Husband agrees to pay Wife the sum of Thirteen Thousand and No/lOO ($13,000.00) Dollars over a period of eighteen (18) months, commencing April 1, 2006, and on the first day of each month thereafter. The payments will consist of seventeen (17) payments of Seven Hundred Twenty-five and No/lOO ($725.00) Dollars each and a final payment of Six Hundred Seventy-five and No/l 00 ($675.00) Dollars. 7. This provision created an obligation by which Husband was required to provide Wife with cash payments, as prescribed above, on a monthly basis. 8. Husband and Wife had originally negotiated that Wife's payments under Paragraph 11 were to commence on March 1, 2006; however, Husband, through counsel requested that the payments commence on April 1, 2006. 9. Wife agreed to allow the payments to commence on April 1, 2006 as a concession to Husband. 10. Husband was delinquent with his first payment, which was due to Wife on or before April 1, 2006. 11. Wife did not receive April's payment from Husband until April 20, 2006. 12. Counsel for Wife notified counsel for Husband on numerous occasions of this delinquency. 13. On or about April 17, 2006, counsel for Wife sent and faxed a letter to counsel for Husband regarding April's late payment and concern about future late payments. A copy of the April 17, 2006 letter from the undersigned is attached hereto and incorporated herein as Exhibit "C". 14. On or about May 3, 2006, Wife notified the undersigned that she had not yet received a check from Husband for the May payment pursuant to Paragraph 11 of the PSA. 15. Since May 3, 2006, the undersigned has attempted to contact counsel for Husband on multiple occasions to advise of the delinquency and to speak to counsel regarding same; however, to date, the undersigned has received no response from counsel for Husband. 16. As of to day's date, Wife has still not received a check from Husband for the May, 2006 payment. 17. Under the Parties' PSA, Wife should have already received two (2) payments of Seven Hundred Twenty-Five and no/l00 ($725.00) Dollars. 18. Although Husband just made this agreement with Wife, he is already breaching said agreement on a regular basis, a pattern which must cease. 19. Previously, Wife was forced to file a Petition to Enforce the Support Stipulation into which the Parties had entered due to Husband's nonpayment of same. 20. Wife has already had to expend significant resources on legal fees in an attempt to ensure that Husband complies with his agreements. 21. Pursuant to 23 PaCSA ~3323(f), "[i]n all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause" and as such, we request this Court order Husband to pay Wife, within ten (10) days of the date of the Order, the remaining Twelve Thousand Two Hundred Seventy- Five and no/100 ($12,275.00) Dollars due and owing her under Paragraph Eleven (11) of the PSA. 22. Moreover, pursuant to Section 3502(e) of the Divorce Code, Husband, for willfully failing to provide Wife payments as agreed, should be found in contempt of Court for failure to abide by the provisions of Paragraph Eleven (11) of the Parties' March 24,2006 PSA. 23. Husband made this agreement and even though Wife conceded to allow payments to commence on April 1, 2006, instead of March 1, 2006 as originally agreed, Husband has needlessly caused Wife to have to incur attorney's fees. As such, Wife also seeks reimbursement of attorney fees from Husband, pursuant to the authority found at 3502(e)(7), in the amount of One Thousand ($1,000.00) Dollars, for fees incurred by Wife in enforcing the provisions of the PSA. WHEREFORE, PetitionerlDefendant, Shiela Rose Correale, n/k/a Shiela Rose Rudy, requests this Honorable Court find Respondent/Plaintiff, Joseph Correale, in contempt of Court for failure to abide by the provisions set forth in the PSA, dated March 24, 2006. PetitionerlDefendant further requests this Honorable Court order Respondent/Plaintiff, within ten (10) days of the date of the Order, to pay to Wife the remaining $12,275.00 due and owing her under the PSA. Finally, PetitionerlDefendant requests this Honorable Court order Respondent/Plaintiff to pay to PetitionerlDefendant's attorney fees in the amount of One Thousand ($1,000.00) Dollars. Respectfully submitted, By: Attorneys for Petitioner/Defendant VERIFICATION I, Shiela Rose Rudy, verify that the statements made in the foregoing Petition to Enforce Property and Separation Agreement are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 5- \ ~-bl.a S~~~~ Shiela Rose Rudy Exhibit "A" '.' , ~,,-:__ . ",::-,.,"V _ '.:;~'l'...,,". ,:'. i.._~" "d~'''.' .. ....-, "',~.--'-- .,---- ''.,'--'~''-'' ,-,-.,' : '," if. if. if. if. if. if. ~~'" ~ :-f. if.if. if. if. if. ili IN THE COURT OF COMMON PLEAS .. OF CUMBERLAND COUNTY STATE OF JOSEPH CORREALE. Plaintiff VERSUS SHIELA ROSE CORREALE. Defendant PENNA. No. 2003-CV-5873 DECREE IN DIVORCE AND NOW, ~II ~ ~:()~/,A · 2006, IT IS ORDERED AND DECREED THAT JOSEPH CORREALE , PLAINTIFF, AND SHIELA ROSE CORREALE , DEFENDANT, ARE DIVORCED FROM iHE 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; NONE. Property ~eparation A2reement dated March 24. 2006. is incorporated (;I. 8 PROTHONOTARY if. if. ili ili ili if. if.ili if. if.ili ili '" ili J. '" '" '" .. .. Exhibit "B" ... \ DALEY, ZUCKER & GINGRICH, LLC ArrORNEYS AT LAw UNDSAY GINGRICH MACLAY ATTORNEY AT LAW (17) 657-4795 ExT. 15 EMAlL.:LMACLAY@DZGLAW.COM OF COUNSEL.: KATHLEEN CAREY DALEY, EsQUIRE PATRICIA CAREY ZUCKER, EsQUIRE KATHLEEN MI5TURAK-GINGRICH, EsQUIRE PATRICIA A. PATTON, OFFICE MGR./PARALEGAL SUSAN M. HUDSON, PARALEGAL MICHELLE M. BROSS, LEGAL A5S1Sf ANT JANET M. FISHER, LEGAL AsSISTANT' April 17,2006 VIA FACSIMILE (717/691-5441) & U.S. MAIL John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIAlES, P.C. The Jonas Rupp House 5115 East Toodle Road Mechanicsburg, Pennsylvania 17050 Re: Correale v. Correale (now Rudy) (In Divorce) Docket No. 2003-5873 (Cumberland County) Dear John: I am writing as a follow-up to the voicemail message that I left earlier today indicating that Ms. Rudy still has not received a check for Seven Hundred Twenty-Five ($725.00) Dollars from your client for April's equitable distribution payment pursuant to Paragraph 11 of the Property and Separation Agreement (PSA). Pursuant to the PSA, this payment was due to my client on or before April 1, 2006. It was my understanding from my conversation last week with your secretary, Connie, that according to your client, "the check was in the mai1." We agreed to start the payments on April 1, 2006 instead of March 1, 2006 (as originally contemplated) to appease your client; however, we are not starting this agreed-upon payment schedule off on the "right foot." My client will not permit this to become a pattern of lax or no payment on a monthly basis. Our clients agreed that the payments would be received on or before the first of every month and as such~ the payments should be received by my client as agreed. Of great concern is the fact that we are now over half-way into April and your client will have an additional payment due my client on or before May 1,2006. Please be advised that due to the fact that another payment will be due and owing inless than fourteen (14) days, if my client has not received her check for April on or before April 20, 2006, we will have no choice but to seek court intervention and we will be seeking attorney's fees and costs. Additionally, should your client be delinquent with May's payment or any subsequent payments, we will have no choice but to seek C9urt intervention. It is certainly our hope that this potentially costly and litigious route be avoided; however, our clients negotiated an agreement which they now must honor. 1029 SCENERY DRIVE, HARRISBURG, PA 17109 . TEL: 717.657.4795 . FAX: 717.657.4996 , <- John R. Fenstermacher, Esquire April 17, 2006 Page Two Please be advised that my last day in the office prior to my scheduled vacation is April 21,2006 and I will be returning to the office on Monday, May 1,2006. Thank you in advance for your attention to and assistance in this matter. As always, please do not hesitate to contact me should you have any questions or should you wish to discuss this matter further. Very truly yours, DALE:, ZUCKE~ING~71f? inds y Gin~h M2.clatuire LGM/ cc: Ms. Shie/a R IWdy p, * * * Transmission Result Report (MemoryTX) (Apr, 17. 2006 11:43AM) * * * 1) DALEY ZUCKER GINGRICH LLC 2) Date/Time: Apr, 17. 200611:42AM F i 1 e No, Mode Destination P g(s) Result Page Not Sent ---------------------------------------------------------------------------------------------------- 6380 Memory TX 6915441 p, 3 OK ---------------------------------------------------------------------------------------------------- Reason for error E. 1) H a n g up 0 r 1 i n e fa i 1 E.3) No answe r E.2) Busy E.4) No facsimile connection DALEY. ZUCKER 8: GINGRICH, LLC A't'rOflf<E:lBA'tLAW ~-- -..... m~EIt."__ - . "''-'DIIIr.&-. ......~.......... --- ......10.--............ *-.................. I'AX COVJ:R RRI[J!T TO: COMPANY: I'AXND: FROM: DATE: J..... R. 1'--._ 1'-'--"'& 4--"" P.c. ==--+ RE: c......... v. Clun:aIe (_ Rlldvl tIa DhDrce) PAGE(8): (lNCLllDING COVltllSBD1) 3 ----~~. A..... _ or tIlia",.,.... wII foIIoII' ill the..u. PLEASENOTE: If,.. do DOtna:lYed the pIlpI, pbIe....... aIIIa.. -.. .......... (717) 65'7-4'195. TBI8 MESSAGE IS INTENDED ONLY JIOR. TBJ: 1lSX OJ!' TBJ: INDIVIDUAL OR. ENTI1"Y TO WHICH rr IS ADDRESUJI AND MAY CONTAIN INJOltMA1ION THAT IS PItlVJLlI:GI:D, CO:NI!'IDENTIAL AND J:XItMPT 1!'llOM DISCLOSVRJ: UNDER APPLlCABLB LAW. IJ' YOU HAVE HECEIVED TBJS COMMUNICATION IN J:JDIOIt, PLEASE NOTIJ!'Y US IMMEDIAT.l.LY BY 'I'.KLEPBONI: (COLLI'Cl). AND RETIlJDi 'I1IIt ORIGINAL MESSAGE TO ()s AT THE ADDBESS LISn:D HLOWVIA 1BE u.s. POSTAL SERVICE (WI: WILL RElMB1JRSJ: POSl'A~ 'l"IlAl'IK you. .mSCENDYDIIIVK, IIAIIBIllIIlllIPA 171.... TEL: cn1)~' FAX: 71......._ DALEY, ZUCKER Be GINGRICH, LLC ArrORNEYS AT LAw Lindsay Gingrich Maclay Attorney At Law 717-657-4795, Exl15 E-mail: Imaclay@dzglaw.com Kathleen Carey Daley, Esquire Patricia Carey Zucker, Esquire Kathleen Misturek-Gingrich, Esquire Patricia A. Patton, Office Mgr.lParalegal Susan M. Hudson, Paralegal FAX COVER SHEET TO: John R. Fenstermacher. ESQuire COMPANY: Fenstermacher & Associates. P.C. FAX NO: 71 691-5441 FROM: DATE: A ril17 2006 RE: Correale v. Correale (now Rudv) Un Divorce) P AGE(S): (INCLUDING COVER SHEET) 3 ~ MESSAGE: Please see attached. Thanks! A hard copy of this facsimile will follow in the mail. PLEASE NOTE: If you do not receive all the pages, please call our office as soon as possible at (717) 657-4795. TIDS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF YOU HAVE RECEIVED TIDS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT), AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS LISTED BELOW VIA THE U.S. POSTAL SERVICE (WE WILL REIMBURSE POSTAGE)~ THANK YOU. 1029 SCENERY DRIVE, HARRISBURG, PA 17109. TEL: (717) 657-4795' FAX: 717-657-4996 Exhibit "C" PROPERTY AND SEPARATION AGREEMENT THIS AGREEMENT, made this ~ day of ~, 2006, by and between Joseph Correale of 2900 Society Hill Drive Apartment 009, Camp Hill, Pennsylvania ("Husband"), and Shiela Rose Correale of 406 David Drive, Camp Hill, Pennsylvania ('Wife"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on the 3rd day of July, 1998; WHEREAS, marital differences have arisen between Husband and Wife, and as a result thereof, the parties are living separate and apart from one another; WHEREAS, Husband and Wife desire to settle and determine their respective rights and obligations concerning the disposition of property rights and interests between the parties. NOW THEREFORE, the parties, INTENDING TO BE LEGALLY BOUND, do hereby covenant and agree: 1. Wife's Debts: Wife represents and warrants to Husband that, from the date of this Agreement, she will not contract or incur any debt or liability for which Husband or his Estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Wife acknowledges and agrees that all debts and obligations incurred by the Wife, prior to the date of the delivery of this Agreement, and all further debts incurred by the Wife subsequent to the date of the delivery of this Agreement, shall be the Wife's individual responsibility. 2. Husband's Debts: Husband represents and warrants to Wife that from the date of this Agreement, he will not contract or incur any debt or liability for which Wife or her Estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by the Husband, prior to the date of the delivery of this Agreement, and all further debts incurred by the Husband, subsequent to the date of delivery of this Agreement, shall be the Husband's individual responsibility. 3. Joint Debts: Husband and Wife expressly represent that there are no joint debts or other debts incurred by either of them currently outstanding with respect to which the other party may incur any liability now or in future. 4. Mutual Release: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement, does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands, whatsoever at law or in equity, which either of the parties ever had or now has against the other, except any or all causes of action for breach of any provision of this Agreement.e 2 5. Real Property: Wife owns, individually, certain real property more commonly identified as 406 David Drive, Camp Hill, Pennsylvania (hereinafter "Marital Residence"). Husband hereby relinquishes any right, title or interest he may have in and to the former Marital Residence and Wife agrees to hold harmless Husband with regard to any and all payments associated with the Marital Residence. In the event that Wife would need Husband to execute a Quit Claim Deed, or similar document, relinquishing any right, title or interest he may have in and to the Marital Residence by virtue of the marital relationship, Husband hereby agrees to execute and deliver to Wife within ten (10) days of a request by Wife to do so, any and all documents necessary to give full force and effect to this Paragraph. 6. Motor Vehicles: The motor vehicles currently in possession of the respective parties shall become their sole and separate property. Wife hereby relinquishes any right, title or interest she may have in and to the motor vehicle(s) currently in Husband's possession and Husband hereby relinquishes any right, title or interest he may have in and to the motor vehicle(s) currently in Wife's possession. 7. Personal Property: Husband and Wife agree that the personal effects, household furniture money and furnishings and all other articles of personal property shall be the property of whichever party has possession of such property as of the date of this Agreement with the exception of two (2) chandeliers currently in Wife's possession which 3 she hereby agrees to return to Husband. As the subject chandeliers are fixtures, Husband shall make arrangements and pay to have a qualified electrician remove said chandeliers from Wife's home. The arrangements for the removal of said chandeliers shall be made through the Parties' counsel. The Wife and Husband expressly relinquish any and all claim or right which he or she may have to other's respective intangible personal property, including, but not limited to: stocks, bonds, insurance policies, bank accounts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension funds, stock plans, 401 K plans, and the like. Should it become necessary or expedient, the parties each agree, upon request, to sign and deliver to the other party within ten (10) days of said request, any titles or documents necessary to give effect to the provisions of this Agreement. The parties hereby warrant that they each fully and completely disclosed to the other the existence, nature and value of all assets having a value in excess of $500 owned by them, either alone, jointly or in common, since the beginning of their marriage, and each of the parties acknowledge that such information received is adequate and complete for the purpose of the party receiving such information. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the 4 Pennsylvania Rules of Civil Procedure; however, each party aggress that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived. 8. After-ACQuired Property: Each party expressly waives and relinquishes any right or interest he or she may have in property, whether real, personal or mixed, purchased or otherwise acquired by the other party after the date of this Agreement. 9. Waiver of Alimonv: The parties acknowledge that each has income and assets satisfactory to meet his and her own reasonable needs. Each party waives any claim he or she may have, one against the other, for alimony, spousal support or alimony pendente lite. 10. Counsel Fees and Expenses: The parties hereby waive all right "to alimony pendente lite, counsel fees or expenses and accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for said sums. 11. Cash Payment: Husband agrees to pay Wife the sum of Thirteen Thousand and No/100 ($13,000.00) Dollars over a period of eighteen (18) months, commencing April 1, 2006, and on the first day of each month thereafter. The payments will consist of seventeen (17) payments of Seven Hundred Twenty-five and No/100 5 ($725.00) Dollars each and a final payment of Six Hundred Seventy-five and No/100 ($675.00) Dollars. 12.' Equitable Distribution: Husband and Wife each acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3501 et seq. of the Divorce Code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court-ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. Subsequent Divorce: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in the above-captioned divorce action. Simultaneous with the execution of this Agreement, the parties shall execute the Affidavits of Consent and Waiver of Notice Forms necessary 6 to finalize said Divorce. Said Affidavits and Waivers shall be immediately filed with the Cumberland County Prothonotary's Office. If either party fails or refuses to execute and file the foregoing documents, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement. 14. Effect of a Divorce Decree: The parties agree th~t this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Further, it is specifically agreed that a copy of this Agreement shall be incorporated, by reference, into a divorce judgment or decree. 15. Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract should be responsible for payment or legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 16. Advice of Counsel: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection: that Wife has been independently represented by Lindsay Gingrich Maclay, Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband has been 7 independently represented by John R. Fenstermacher, Esquire, of Fenstermacher and Associates. 17. - Voluntary Execution: The provisions of this Agreement and their legal effect have been fully explained to the parties by their attorneys, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 18. Entire AQreement: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. Modification and Waiver: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. the failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. HeadinQs: Any headings preceding the texts of paragraphs herein are solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 21. Severabilitv: The parties agree that the separate obligations contained in this Agreement shall be deemed interdependent. If any term, condition, clause or 8 provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, then the parties agree that the Agreement may be reviewed and re-negotiated in order to fulfill, as closely as possible, the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the extent permitted by the Divorce Code. 22. Bankruptcv: 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, including alimony, shall be subject to court determination the same as if this Agreement had never been entered into. 23. Leaal Expenses: Each of the parties hereto shall pay their own legal expenses incurred in connection with their mutual dispute. 24. Nature of Property Division: The parties believe and agree and have been advised by their respective attorneys that the division of property heretofore made by this Agreement is a non-taxable division of property in that there has been an equal division of the parties' respective marital assets. The division of the marital property as 9 called for under this Agreement is not intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the'provisions of Section 1041 of the Internal Revenue Code, and as such, will not result in the recognition of any gain or loss upon the transfer by the transferor. Each party promises not to take any position with respect to any other issue, which is inconsistent with the preceding sentence on his or her federal or state income tax returns now and in the future. 25. Governina Law: All matters affecting interpretation of this Agreement and the rights of the parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 26. Aqreement Bindinq on Parties and Heirs: It is understood and agreed that not only the parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by the terms, conditions and clauses of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~~ ~~~zr~ ~-S~~K WO WITNESS: 10 CERTIFICATE OF SERVICE - - 1, Lindsay Gingrich Maclay, Esquire, hereby certify that on this ~ of May, 2006, a copy of the Petition to Enforce propertY and separation Agreement was placed in the United States Mail, postage pre-paid, addressed as fonows: John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P .C. The Jonas RupP House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 Attorney for Plaintiff/Respondent Respectfully submitted, By: Attorneys for Petitioner/Defendant -, (") "" = 0 c <::::) .,., <- <:::n -0 [fi :x :r r~'l fT > m:IJ ~._, -< r- /~ j -ern 0] -.I :uO 2 0(. :"..,! _.1 )0; l::... r~ -'"1 ?;; -- ,;'')2] C., -- :::.;.c\ J> C~= ex> Om Z ~ :< \.0 --< ~ , Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LA W In Divorce AND NOW, this ORDER ~~ day of (f\"'1" MAY 1 8 200\1' , 2006, upon consideration of the attached Petition to Enforce Property and Separation Agreement, IT IS HEREBY ORDERED AND DECREED that a conference/hearing concerning the Petition shall be held on the 13 ^ day of ----}-'-- , 2006, at 11:/)0 o'clock A .M. in Courtroom No. .3 of the Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. Edward E. Guido, J. ,. III , ~I I \1\\'\\\)' t\~l ),St'JN3d 1\l\~('\CY! (",,{"i i~'.:;\N(I'J L ~ :t: \-~d Zz ^~" Q\JU1. \ LM' 0'1" i" \ '1,"" \ ,:JIll 1'0 ,,0".1: i \IUd ,06a .,Jru. :l 38\:H:J-031\:l Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE I, Lindsay Gingrich Maclay, Esquire, hereby certifY that on this 23rd day of May, 2006, a certified copy of Judge Guido's May 22, 2006 Scheduling Order was placed in the United States Mail, Postage pre-paid, addressed as follows: R John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIA rES, P .C. The Jonas Rupp House 5 I 15 East Trindle Road Mechanicsburg, Pennsylvania 17050 Attorney for Plaintiff Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Defendant/Petitioner 0 ~ 0 c: = ." "'~ " :C::G -0 (':",\ ::!l: ~r' " :P" \! -'" f11f:'- / N -n0J ~J ~,:1"',"; c.J1 '9 0 ',- -0 -:3-"- " ~;::; -Cl ..,::~ ::;:; (') :~.- c ;5\0 ;."" <:: ~ > "'2 :-.-2 ,t.- :!l .;.- . Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dze:1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlkla SHIELA ROSE RUDY, Defendant CIVIL ACTION -LA W In Divorce DEFENDANT'S MOTION FOR CONTINUANCE AND NOW, this 30th day of May, 2006, comes Shiela Rose Correale, n/k/a Shiela Rose Rudy, by and through her attorneys, Daley, Zucker & Gingrich, LLC, and avers as follows: I. Petitioner, Shiela R. Rudy, will be unable to attend the Hearing currently scheduled for Tuesday, June 13, 2006 at 11 :00 a.m. in Courtroon No.5 of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania as she is scheduled to be out of town at that time; and 2. Petitioner's counsel has been in contact with Attorney Fenstermacher's office, who have indicated Attorney Fenstermacher's concurrence in this request for a continuance. WHEREFORE, Petitioner/Defendant requests a continuance of the Hearing currently scheduled for June 13,2006. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Petitioner/Defendant ~ Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dzl!law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, n/kla SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE AND NOW, this 30th day of May, 2006, I, Lindsay Gingrich Maclay, Esquire, hereby certify that I have served a copy of the foregoing Petitioner's Motion for Continuance by placing same in the United States Mail, Postage pre-paid, addressed as follows: R John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P .C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 Attorney for Respondent/Plaintiff Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: Attorneys for Defendant/Petitioner () ~: ...~ 1'-.) <::':> -::::::1 c.:...-- C- :~:; o -n ~-n nlp -0 fJJ ---'1 " ) 'J -c-r ~:.~9 ,- t 1 ~:; (') ",:~ rTl '~.:::; -> ~ I N v -".~ -i-~ -1:'- N ~ ... Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav(qJ,dze:law.com JUN 0 5 200pr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nlk/a SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce ORDER AND NOW, this '7t!,day of _LJ;..INF , 2006, upon consideration of PetitionerlDefendant's Motion for Continuance of the Hearing regarding the Petition to Enforce Property Settlement Agreement currently scheduled for Tuesday, June 13,2006 at 11:00 a.m. in Courtroom Number 5 of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania, to which Motion RespondentJPlaintiff has no objection, it is hereby ORDERED that said Motion is GRANTED and that the Hearing currently scheduled for Tuesday, June 13,2006 at 11:00 a.m. is rescheduled to the ;)(, ~ay of -->>v--c- , 2006, at 1: O/) P.M. in Courtroom No. 5 of the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. BY u fb,a 0'\9.\5 Edward E. Guido, J. - - . '",1~'f'I~'J .: .H,il'I' , d~' '. I llli'\~" .., J\.J... '1.1\_1 " \ \ :8 lId L- Hor gGOZ l\'-Ile' :.' J\"" :1' 11 JO ^GV - '1"1'"I:ji""I,'V;;a ....iIJ.. ~ 38i:UOC\jl\::l n____~ Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 Imaclav@dze:law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH CORREALE, Plaintiff No. 2003-5873 (Civil Term) v. SHIELA ROSE CORREALE, nIkIa SHIELA ROSE RUDY, Defendant CIVIL ACTION -LAW In Divorce CERTIFICATE OF SERVICE I, Lindsay Gingrich Maclay, Esquire, hereby certifY that on this 9th day of June, 2006, a certified copy of Judge Guido's June 7, 2006 Order rescheduling the Hearing from June 13,2006 at 11 :00 a.m. to June 26, 2006 at 3:00 p.m. was placed in the United States Mail, Postage pre- paid, addressed as follows: R John R. Fenstermacher, Esquire FENSTERMACHER & ASSOCIATES, P .C. The Jonas Rupp House 5115 East Trindle Road Mechanicsburg, Pennsylvania 17050 Attorney for Plaintiff Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: (") ~ ~T.:,'.: U}:".' ,...., = c.;:, "'"' '- ~~ o -n ~ nifIJ "''10.-\ -c-J'1 /)5' ~-, (-, j _:..~< 1. '-r-i ::)('S ',j;"n w 2':: -"'" C.:':) '-;=; ::<; . " JOSEPH CORREALE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CV - 5873 v. SHIELA ROSE CORREALE Defendant : Civil Action - In Divorce NOW, this ORDER 3~Jday of ~/Y , 2006, the attached Stipulation in the above matter is hereby approved and the proceeding in this matter for the enforcement of the Property and Separation Agreement is continued generally. This action may be reinitiated upon motion of either party. J. ~ ~D ~C5' o . .""~'- .~'- ....~.~.i'l' 'i . A1N~^~ 61 :& WC/ '1- flny 98IIl AlNlO~ :10 , , . JOSEPH CORREALE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - CV - 5873 SHIELA ROSE CORREALE Defendant Civil Action - In Divorce STtPULA TtON AND NOW COMES the Plaintiff by and through his attorney, John R. Fenstermacher, and the Defendant, by and through her attorney, Lindsay Gingrich Maclay, and stipulate and agree, through counsel, as follows: 1. The Plaintiff will make a lump sum payment of Three Thousand ($3,000.00) Dollars to Defendant pursuant to the obligations as set forth in the Property and Separation Agreement dated March 24, 2006 (hereinafter "PSA"). Said Three Thousand ($3,000.00) Dollar payment shall be made simultaneously with the execution of this Agreement and said payment shall be applied as follows: A. A total of Two Thousand One Hundred Seventy Five ($2,175.00) Dollars shall pay Plaintiff's obligation of Seven Hundred Twenty-Five ($725.00) Dollars each for the months of May, June and July of 2006; and B. Three Hundred Twenty-Five ($325.00) Dollars shall be credited toward Plaintiffs August 2006 payment, with the remaining Four Hundred ($400.00) Dollars to be received by Defendant on or before August 1, 2006 as prescribed in the PSA; and ,. . C. Five Hundred ($500.00) Dollars shall be paid to Defendant's counsel for fees incurred as a result of filing the Petition to Enforce in this matter. 2. In all other respects, the Property and Separation Agreement dated March 24,2006 is hereby ratified and confirmed. 3. The parties further stipulate and agree that as Plaintiff has continuing obligations under the PSA, the Petition to Enforce in this matter shall not be discontinued but shall be continued generally such that either party can initiate a hearing in this matter upon request to the Court. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: tf1/0 John R. Fenstermacher SJlpreme Court 1.0. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DALEY, ZUCKER & GINGRICH, LLC tJ(2tJ/IV