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HomeMy WebLinkAbout04-0546TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.~Dq ',.~IVIL TERM : CIVIL ACTION - LAW : 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 will proceed without you and a decree in divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.Oq'$'q6CIV1L TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Tina Marie Romanell Magaro, an adult individual, currently residing at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylvania. 2. Defendant is Shawn M. Magaro; an adult individual, currently residing at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December 3, 1994 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiffand Defendant are citizens of the United States of America. 9. The parties' masriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Date Respectfully Submitted, ROBERT P. KLINE, E~QUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. Sectio~a 4904 relating to unswom falsification to authorities. O~ _ A MARiE ROMANELL MAGARO ~ TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 04-546 CIVILTERM : : CIVIL ACTION - CUSTODY : IN CUSTODY COMPLAINT FOR CUSTODY l. Plaintiff is Tina Marie Romanell Magaro, an adult individual whose residence is at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylvania. 2. Defendant is Shawn M. Magaro, an adult individual whose residence is at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylv~mia. 3. Plaintiff seeks custody of her child, Nicholas A. Magaro, currently residing at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylvania, whose date of birth is March 10, 1997. 4. The child is presently in the custody of both Plaintiff and Defendant. However, it is anticipated that Plaintiff and child shall be moving to a new residence in the near future. Since the child's birth, the child has resided with the following over the past five years: Name Tina Marie Romanell Magaro and Shawn M. Magaro Tina Marie Romanell Magaro and Shawn M. Magaro Address 623 Wayne Drive Mechanicsburg, PA 17055 t2 Village Road Camp Hill, PA 17011 Date July 1998 to present March 1997 to July 1998 6. The natural mother of the child is Tina Marie Romanell Magaro, currently residing at the above-stated address. 7. The natural father of the child is Shawn M. Magaro, currently residing at the above-stated address. 8. The relationship of the Plaintiff to the child is that of natural mother. 9. The relationship of the Defendant to the child :is that of natural father. 10. The Plaintiff has not participated as a party or in any other capacity, in other litigation concerning the custody of the child in this or any other court. 11. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 12. The best interests and permanent welfare of the child will be served by granting the relief requested because the Plaintiff is the primary care giver with respect to the child. 13. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim to have any right to custody or visitation of the child other than the parties to this action. WHEREFORE, Plaintiff requests your Honorable Court to order custody rights of Nicholas A. Magaro in accordance with the stipulation of the parties. Respectfully suhmitted, Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Custody Complaint are tree and correct. I understand that false statements made herein are subject to the penalties of 18 PA C.S. 4904 relating to unswom falsification to authorities. T1NA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL TERM : : CIVIL ACTION - CUSTODY : IN CUSTODY STIPULATION AND NOW, this A]--/-iq day of ~, 2004, it is hereby stipulated and agreed between the parties as follows: 1. Nicholas A. Magaro, bom March 10, 1997, is the natural child of Shawn M. Magaro and Tina Marie Romanell Magaro. 2. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in the mother subject to the following periods of partial custody with the father: a. Every other weekend from Friday after school until Sunday at 7:00 PM, commencing with the first weekend following the date of the custody order. In the event that the child is not in school on Friday, said period of partial custody shall commence at 4:00 PM. It is further agreed that the following specific provisions of partial custody shall take precedence over the general altemating custody provisions of this agreement; b. Tuesday and Thursday evening each week, from after school until 7:00 PM. In the event the child is not in school on the specific day, said period of partial custody to time agree. shall commence at 4:00 PM; Such other periods of partial physical custody as the parties may from time 4. Notwithstanding any other provision of this Stipulation, Father shall have custody of the minor child on Thanksgiving Day from 9:00 AM to 3:00 PM and Mother shall have custody of the minor child on Thanksgiving Day from 3:00 PM for the remainder of the day. 5. Not~vithstanding any other provision of this Stipulation, Mother shall have custody of the minor child for Christmas from December 24 at 12:00 noon until December 25 at 12:00 noon, and Father shall have custody of the minor child from 12:00 noon on Christmas Day until 12:00 noon on December 26. 6. Notwithstanding any other provision of this Stipulation, Father shall have custody of the minor child from 10:00 AM until 3:00 PM on Easter Day and Mother shall custody of the minor child from 3:00 PM on Easter Day through the remainder of the day. 7. Notwithstanding any other provision of this Stipulation, the parties shall alternate Memorial Day, the Fourth of July, and Labor Day, with the party having custody of the minor child on said holiday to have custody from 9:00 AM until 7:00 PM and with Mother having custody of the minor child on Memorial Day, 2004, and then alternating thereafter. 8. Notwithstanding any other provision of this Stipulation, Mother shall have physical custody of the child from 8:00 AM through 7:00 PM on Mother's Day; and Father shall have physical custody of the child from 8:00 AM through 7:00 PM on Father's Day; 9. Nothwithstanding any other provision of this Stipulation, each parent shall have the opportunity for two non-consecutive weeks of summer vacation with the minor child, upon 30 days written notice to the other parent. 10. The Father shall provide transportation to and from the child's residence in conjunction with each and every visit. 11. The Mother shall provide to the Father the address of the child's residence and telephone number of said residence. 12. The Mother shall keep the Father informed of all medical appointments and problems pertaining to said child. 13. It is the intention of the parties that the terms of this Stipulation be entered by as an order of court by the Court of Common Pleas of Cumberland Co~:mty, Pennsylvania. MARIE ROMANELL TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 04-546 CIVILTERM : : CIVIL ACTION - CUSTODY : IN CUSTODY ORDER OF COURT AND NOW, this /o°* day of ~'~ , 2004, upon review of the attached Custody Complaint and Stipulation of the parties, custody rights of the parties in their son, Nicholas A. Magaro, bom March 10, 1997, is as follows: 1. Nicholas A. Magaro, bom March 10, 1997, is the natural child of Shawn M. Magaro and Tina Marie Romanell Magaro. 2. Shared legal custody of said child as contemplated by the Act of November 5, 1981, P.L. 322, 23 P.S. Section 1001, et seq., will be in both of the parties, as the natural parents. 3. Primary physical custody of said child shall be in the mother subject to the following periods of partial custody with the father: a. Every other weekend from Friday after school until Sunday at 7:00 PM, commencing with the first weekend following the date of the custody order. In the event that the child is not in school on Friday, said period of partial custody shall commence at 4:00 PM. It is further agreed that the following specific provisions of partial custody shall take precedence over the general alternating custody provisions of this Order; b. Tuesday and Thursday evening each week, from after school until 7:00 PM. In the event the child is not in school on the specific day, said period of partial custody shall commence at 4:00 PM; time agree. Such other periods of partial physical custody as the parties may fi.om time to 4. Notwithstanding any other provision of this Order, Father shall have custody of the minor child on Thanksgiving Day from 9:00 AM to 3:00 PM and Mother shall have custody of the minor child on Thanksgiving Day from 3:00 PM for the remainder of the day. 5. Notwithstanding any other provision of this Order, Mother shall have custody of the minor child for Christmas from December 24 at 12:00 noon until December 25 at 12:00 noon, and Father shall have custody of the minor child from 12:00 noon on Christmas Day until 12:00 noon on December 26. 6. Notwithstanding any other provision of this Order, Father shall have custody of the minor child from 10:00 AM until 3:00 PM on Easter Day and Mother shall custody of the minor child from 3:00 PM on Easter Day through the remainder of the day. 7. Notwithstanding any other provision of this Order, the parties shall alternate Memorial Day, the Fourth of July, and Labor Day, with the party having custody of the minor child on said holiday to have custody from 9:00 AM until 7:00 PM and with Mother having custody of the minor child on Memorial Day, 2004, and then alternating thereafter. 8. Notwithstanding any other provision of this Order, Mother shall have physical custody of the child from 8:00 AM through 7:00 PM on Mother's Day; and Father shall have physical custody of the child from 8:00 AM through 7:00 PM on Father's Day; 9. Nothwithstanding any other provision of this Order, each parent shall have the opportunity for two non-consecutive weeks of summer vacation with the minor child, upon 30 days written notice to the other parent. 10. The Father shall provide transportation to and from the child's residence in conjunction with each and every visit. 11. The Mother shall provide to the Father the address of the child's residence and telephone number of said residence. 12. The Mother shall keep the Father informed of all medical appointments and problems pertaining to said child. BY THE COURT: TIBIA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. 04-546 CIVIL TERM : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a certified copy of the Divorce Complaint filed in the above captioned case upon Defendant, Shawn M. Magaro, by certified mail, restricted delivery, return receipt requested on February 9, 2004, addressed to: Shawn M. Magaro 623 Wayne Drive Mechanicsburg, PA 17055 and did thereafter receive same as evidenced by the attached Post Office receipt card dated February 14, 2004. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date R~LINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff P~70~ · Complete items 1,2, and 3. AJso complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtlcleAddressedto: RESTRICTED DEL!VERY 2. Ntlcle Number ~ansfe~ from service label) PS Form 381 1, August 2001 Agent Addressee D. )17 ~ ff YES, ~ r-1 :~ 3. Se~ice Type ~1 Certified Marl [] Registered [] Insured Meil [] Express Mail [] Return Receipt for Merchandise i'~ C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 7001 1140 0000 5792 3934 Domestic Return Receipt 102595-01-M-0381 TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-546 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this __] 0H _ day of February, 2004, between Tina Marie Romanell Magaro, of Upper Allen Township, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", and Shawn M. Magaro, of Upper Allen Township, Cumberland County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on December 3, 1994 in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, there has been one (1) child born of this marriage between Husband and Wife, to wit: Nicholas A. Magaro, bom March 10, 1997. WHEREAS, the parties hereto desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's ri~- - ~,m to support and maintenance; WltEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with Etis or her own competent legal counsel independent of each other; WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all infomaation of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth heroin, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Separation. Husband and Wife do hereby mntually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which evem such express provision shall take precedence over this paragraph, the parties hereto intend that fi.om and after the date of this Agreement, neither shall have any spouse's rights in the properly or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of adminislration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse :so designated as beneficiary had predeceased the testator. The parties fin'ther agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and fin'ther agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shail hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, bur/al, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever ~om the other, except as otherwise expressly provided for herein. 4. Child Custody. The parties have entered into a Stipulation regarding the custody of their child and it is the intention of the parties that said Stipulalion shall be made an Order of Court to be filed in the Court of Common Pleas at No. 2004-546 Civil Term. 5. Child Support. The parties hereby agree that at such time that Wife establishes a separate residence for herself and the parties' child, Wife shall file a support action with the Domestic Relations Section of the Court of Common Pleas of' Cumberland County, at which time the amount of child support to be paid by Husband shall be determined by the Court. 6. Division of Personal Property. A. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction, including an understanding as to the manner in which furnishings and other personal property will be divided at such time that Wife establishes her new residence. Henceforth, each of the part/es shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and eft~ctually in all respects and for all purposes as if he or she were unmarried. B. The parties agree that the 2001 Volvo 560 shall be the sole and separate property of the Husband. Husband agrees to be responsible for any and all outstanding indebtedness owed to Volvo Finance, its successors and/or assigns:, secured by said vehicle and further agrees to indemnify and hold harmless Wife from any liability resulting from such indebtedness. The parties agree that the 2003 Chevrolet Blazer shall be the sole and separate property of the Wife. Wife agrees to be responsible for any and ail outstanding indebtedness owed to Waypoint Bank, its successors and/or assigns, secured by said vehicle and further agrees to indemnify and hold harmless Husband from any liability resulting from such indebtedness. C. Personal effects. All items of personal effect such as but not limited to jewelry, luggage, sports equipment, hobby collections and books but not including furniture or any other property, personal or otherwise specifically disposed of pursuant to this agreement shall become the absolute and sole property of the party who has had the principal use thereof or to whom the property was given or form whom it was purchased, and each party hereby surrenders any interest he or she may have in such tangible personal properly of the other. D. The parties agree that, upon execution of this Agreement, all funds contained in the parties' joint checking account and joint savings account with Members 1st Federal Credit Union shall become the sole and separate property of Husband. 7. Debts. Other than the mortgage obligation on the marital residence and the automobile loans, the parties are not jointly responsible for any thrther debt. Each party shall be responsible for any and all debt in their own name, including Wife's student loan with Southwest Student Services and Wife's personal credit cards, and Husban~d's personal credit cards. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Real Property. The parties are the owners of real properly located at 623 Wayne Drive, Upper Allen Township, Cumberland County, Pennsylvania. At such time as Wife has secured a suitable residence for herself and the parties' child, Husband shall solely enjoy the right of possession of this property. Husband shall be responsible for the payments toward the outstanding mortgage and line of credit obligations with Wachovia Bank, real estate taxes, insurance, maintenance, utilities, and all other expenses related to this property. Husband agrees to indemnify and hold Wife harmless from any liability from his failure to make any payment, when due, of any of the obligations herein described, specifically including the mortgage and line of credit obligations with Wachovia Bank, real estate taxes, insurance, maintenance, utilities, and all other expenses. The parties agree that the line of credit with Wachovia Bank shall be closed so that neither party shall be able to draw any additional funds from said line of credit secured by a mortgage on the subject premises. On or before February 20, 2014, Husband shall pay to Wife the sum of $18,716.00, representing Wife's equity interest in the property as of the date of separation. Said obligation shall be secured by a mortgage to be recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. At such time that Husband has satisfied the current mortgage and line of credit obligations on the property with Wachovia Bank and has paid to Wife the sum described above for her equity interest, which payment shall occur on or before February 20, 2014, Wife shall deliver to Husband a quit-claim deed conveying her interest in said property. 10. Inheritance. Wife inherited certain assets from the estate of her late father, which assets are presently held in certain certificates of deposit, mutual funds, and savings bonds, which are solely in the name of Wife. Said assets shall remain the sole and separate property of Wife. 11. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained heroin for the respective benefit of the parties and other good and valuable consideration, the: parties agree to waive any and all claims for any alimony. 12. Pension. Both parties agree to waive any claims they may have to any pension or employment benefits of any kind, earned during the marriage, by the other party. This waiver specifically includes Wife's Public School Teacher's Retirement and Roth IKA and Husband's 401 (k) and Roth IRA. 13. Bankruptcy. The parties acknowledge and agree that they have specifically structured this Agreement so that the terms, covenants, and conditions set forth herein are non- dischargeable in bankruptcy, under 11 U.S.C.§523(a)(5), §523(a)(15), or otherwise. It is further specifically acknowledged, represented and understood that as; part of the consideration of the making of this Agreement, that: (a) Such obligation is for alimony to, maintenance for or support of the other party; (b) The party filing bankruptcy, hereafter the "Filing Party," has the ability to pay such debt from income or property not reasonably necessary to be expended for the maintenance or support of the Filing Party or of a dependent of the Filing Party or if such party is engaged in a business, for the payment of expenditmes necessary for the continuation, (c) preservation and operation of such business; Discharging such debt will not result in a benefit to the Filing Party that would outweigh the detrimental consequences to the other party or a child of the Filing Party. Both parties further acknowledge that the preceding terms and representations set forth their actual intent. 14. Counsel Fees and Court Costs. The parties hereby agree that each shall be responsible for his/her own legal fees and court costs incurred in the preparation of this Agreement, as well as the preparation and filing of the Divorce Action captioned at Tina Marie Romanell Magaro v. Shawn M. Magaro, 2004-546 Civil Term and the Custody Stipulation and Order filed at the same number. 15. Divorce. The parties acknowledge that an action for divorce between them has been filed by Wife and is presently pending between them in the Court of Common Pleas of Cumberland County, Pennsylvania, to the caption Tina Marie Romanell Magaro v. Shawn M. Magaro, 2004-546 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. The parties acknowledge they shall execute the necessary Affidavits of Consent for the entry ora final divorce decree in that action as soon as possible after the expiration of the applicable time limitation. 16. Breach. In the event that either party breaches any provision of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 17. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 18. Applicable Law and Execution. The pa~ties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 19. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divome, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 21. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all othe. r documents and do or cause to be done any other act or thing that may be necessary or desirahie to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: A MARIE ROMANELL MAGA~O COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : On the /0-J(' day of February, 2004, before me, the undersigned officer, a Notary Public, personally appeared Tina Marie Romanell Magaro, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, an~d acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal .. Bonlt~ R. Madam, Notary Public _Upper Allan 'Twp., Cumberland County [_My Corell~lission Expire~ Nov. 1, 2004 J COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : On the toil day of February, 2004, before me, the undersigned officer, a Notary Public, personally appeared Shawn M. Magaro, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. OTARY PUBLIC ~ Netserial Seal Bonita % Madera, I,l~,~a;y Public ~; Co~mission Ex~r!~s Nov. 1, 2004 TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-546 CIVIL TERM : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2004. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed £rmn the date of the filing and service of the Complaint. 3 I consent to the entry of the final Decree of ]Divorce after service of notice of' intention to request entry of the decree. I VERIFY FHAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE; STATEMENTS HEREIN ARE MADE SUBJECT '10 THE PENALTIES OF 18 PA. C.S. SECTION ~4904 RELATING TO IJNSWORN FALSIFICATION TO AUTHORITIES. ~'~,'MARIE ROMANE~L M~-- - SS;: 181-66-4952t ~ TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-546 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE .AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 6, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF !8 PA. C.S. SIECTION 4o04 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date-- SH/AWN M. MAGARO SSN: 168-48-4240 TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-546 CWIL TERM : CIVIL ACTION[ - LAW : 1N 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 divome without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce :is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date NA MARIE R'OMANELL MAGARO~ T1NA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-546 CIVIL TERM CIVIL ACTION' - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a diw>rce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTI-tORITIES. TINA MARIE ROMANELL MAGARO, Plaintiff SHAWN M. MAGARO, Defendant : iN THE COURT OF COMMON PLEAS i CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-546 CIVIL TERM : CIVIL ACTION. LAW : 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: Code. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: Filed on February 6, 2004 and served by Certified Mail on February 14, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: May 17, 2004; By Defendant: May 17, 2004. 4. Related claims pending: None. All related claims have been resolved pursuant to Marital Settlement Agreement dated February 10, 2004, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301(d) of the Divorce Code: Waiver of notice executed by Plaintiff on May 17, 2004 and by Defendant on May 17, 2004. Respectfully submitted, Date ROBERT p. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff IN THE COURT OF COA/IIVION PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TINA MARIE ROMANELL M~GARO, PLAINTIFF VERSUS SHAWN M. M~GARO, DEFENDANT NO. 04-546 Civil Term DECREE IN DIVORCE AND NOW,_ /'---~" ~--~' -- , . 2003, It Is ORDERED AND DECREED THAT TINA MARIE ROMANELL MAGAR0 AND SHAWN M. MAGARO ARE DIVORCED FROM THE BONDS OF MATRIMONy. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OD THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ment A reemeut date~ Febr~ar~ 10, hereb in¢or orate~ into~ b~t shall not mer~_e with, - 2004 is this Decree. BY THE COURT: PROTHONOTARY