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HomeMy WebLinkAbout08-5528Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 a Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, Plaintiff NO. 68 (11.? V. : CIVIL ACTION - LAW FRANK J. DeSTEFANO, III DIVORCE Defendant 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, Plaintiff NO. V. : CIVIL ACTION - LAW FRANK J. DeSTEFANO, III DIVORCE Defendant AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de [as quejas expuestas en [as paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, one Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROP IEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, . Plaintiff V. FRANK J. DeSTEFANO, III . Defendant NO. 17F- CIVIL ACTION- LAW DIVORCE COMPLAINT Plaintiff, JENNIFER A. DeSTEFANO by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Jennifer A. DeStefano, an adult individual residing at 381 Longs Gap Road, Carli8sle, Cumberland County, PA 17013 since 2000. 2. The Defendant is Frank J. DeStefano, III, an adult individual residing at 381 Longs Gap Road, Cumberland County, PA 17013 since 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 17, 1999 at King of Prussia, Montgomery County, PA. 5. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. -1- 9. Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken; 10. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, Supreme Court ID # 32112 Attorney for Plaintiff -2- Camp Hill, PA 1701 1 Phone: (717) 737-0100 VERIFICATION JENNIFER A. DeSTEFANO verifies that the statements made in this Complaint are true and correct. JENNIFER A. DeSTEFANO understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. rt AON ^? a k a . ) i? . --a ?;a? JE NIFER A. DeSTEFAN0 Date: U-11 M< -3- -iq e w ?T W In D W 1 1 _N ? r7l in co ID 71E? C" N ;jam ' .? • ` CJ'i 1 6317 `•C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, Plaintiff : NO. 08-5528 CIVIL TERM V. FRANK J. DeSTEFANO, III Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of Jennifer A. Pascucci. This election is made pursuant to the provisions of 54 P.S. §704. Q?X??-" ?\) k BQ?q? J nnifer A. eStefano Signature (married name) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss: Je nifer A. ascucci Signature (former name) On the 656?`day of , 2008, before a Notary Public, personally appeared Jennifer A. Destefano known to me to be 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 Notarial Seal. COMMONWEALTH OF PENS NIA Notary Public Notarial Seal Deborah L DordOY, Notary Publ"- Cs a'nP ?M CmrmkWon E>¢I W S@pL 23 ,2011 Member, Pennaylvanla Aeaoelabn of Notarles wt ? t w V ?y? C/ -ri. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, Plaintiff V. FRANK J. DeSTEFANO, III Defendant NO. 08-5528 CIVIL TERM CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I, Frank J. DeStefano, III, Defendant in the above captioned action hereby accept service of the endorsed Divorce Complaint, which was filed in the above captioned matter on September 18, 2008. Date: g' L3'ob Frank J. DeSt-eTano, III 381 Longs Gap Road Carlisle, PA 17013 C'3 C ^' C3 M X- f a C-5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name, JENNIFER A. PASCUCCI Plaintiff Y. FRANK J. DeSTEFANO, III Defendant NO. 08-5528 CIVIL TERM CIVIL ACTION - LAW DIVORCE MARITAL AGREEMENT BETWEEN FRANK J. DeSTEFANO, III AND JENNIFER A. PASCUCCI TABLE OF CONTENTS RECITALS ......................................................................... 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts ........................................... 06 SECTION III Counsel Fees, Support and Alimony ........................................... 15 SECTION IV Closing Provisions and Execution ............................................ 15 NOTARY .......................................................................... 17 EXHIBIT "A" Personal Property to be Transferred to Wife ............................... 18 MARITAL AGREEMENT THIS AGREEMENT made this'll day 2008, by and between JENNIFER A. DeSTEFANO, ("Wife") of 381 Longs Gap Road, Carlisle, PA 17013, and FRANK J. DeSTEFANO, III, ("Husband") of 381 Longs Gap Road, Carlisle, PA 17013. PREAMBLE AND RECITALS R-1. WHEREAS, the parties hereto are husband and wife, having been married on April 17, 1999 in King of Prussia, Pennsylvania, and separated on January 4, 2008. R-2. WHEREAS, There were no children born of this marriage. R.3 WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within Ten (10) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 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. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that he is aware of his legal rights and obligations governed by this Agreement. Husband acknowledges that he accepts this Agreement and represents that said acceptance is not based on any advice or representation made by Wife's legal counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties acknowledges that each has had the opportunity -2- to conduct discovery and investigation as to the incomes of the parties, the parties' marital assets and debts and their respective separate assets, debts and monthly expenses. The parties further acknowledge that there has been a full and fair disclosure of the identity and value of the parties' marital assets and debt, their separate estates and their respective incomes. The parties hereby waive any further discovery and/or disclosure of the parties' marital assets and debt, their respective separate estates and incomes and expenses, except for such disclosure that may be necessary as a result of a breach of this Marital Agreement. The parties confirm that each has relied on the substantial accuracy of that financial disclosure as an inducement to the execution of this Agreement. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS . Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the - 3 - property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conve av nces: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (1) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 1.11. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: A. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this -4- Agreement, C. Attorneys Fees and Costs: The right to reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in enforcing rights and obligations under this agreement. D. Other Remedies: Any other remedies provided for in law or in equity. E. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.12. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. C. No Tax on Property Division: Except as specifically set forth in this Agreement, the division of marital property herein provided is not intended to constitute in any way a sale or exchange of assets. It is understood that the property transfers described herein 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 to the transferee. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph -5- on his or her applicable federal or state income tax returns. 1.13. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.14. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request , take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.15. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.16. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. SECTION II DISTRIBUTION OF PROPERTY AND DEBTS 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of -6- this Paragraph. 2.03. INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04 DISTRIBUTION OF MARITAL PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Real Estate - 381 Longs Gap Road, Carlisle, PA: The parties are the joint owners of real estate known and numbered as 381 Longs Gap Road, Carlisle, PA, ("Longs Gap Road Property") having an estimated value of $380,000, and encumbered with a mortgage owed to Chase having an estimated balance of $110,000 ("Chase Mortgage"), and further subject to a home equity loan mortgage with Charter One, having an estimated balance of $16,000, ("Charter One Home Equity Loan Mortgage"). The Longs Gap Road Property, the Chase Mortgage and the Charter One Mortgage, shall be divided and distributed in accordance with the following: 1. Conveyance: Husband shall prepare and Wife shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Longs Gap Road Property. The deed of conveyance therefor shall be executed by Wife upon Wife's signing of this Agreement and held in escrow by Wife's attorney pending the refinance/ assumption of the Chase Mortgage and Charter One Home Equity Loan Mortgage, at which time the deed shall be delivered to Husband to record. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Chase Mortgage and Charter One Home Equity Loan Mortgage, real estate taxes and any other municipal liens. Husband shall hereinafter be solely responsible for the payment of the Chase Mortgage and Charter One Home Equity Loan Mortgage, real estate taxes, other municipal liens, utilities and any and all other expenses associated with the Longs Gap Road Property, whether incurred in the past, present or future, and shall indemnify, protect and save Wife harmless therefrom. In the event Wife pays any of these expenses for Husband, in whole or in part, then Husband shall be required to reimburse Wife for said payments as part of settlement on his refinance, but in no event any later than forty-five (45) days from the date of this Agreement. -7- 3. Pre-Qualification: Within ten (10) days of the date of this Agreement, Husband shall provide Wife with a statement from a reputable lender indicating that Husband has been pre-qualified to a mortgage in an amount equal to the combined balances owed on the Chase Mortgage and Charter One Home Equity Loan Mortgage. 4. Refinance: Within fourteen (14) days of the date of this Agreement, Husband shall apply refinancing or assumption of the the combined balances owed on the Chase Mortgage and Charter One Home Equity Loan Mortgage and shall complete that refinance/ assumption within forty-five (45) days of the date of this Agreement so as to release Wife from further liability thereunder. The costs of refinancing/ assumption shall be paid by Husband. 5. Failure to Pay: Pending Husband's refinance of the combined balances owed on the Chase Mortgage and Charter One Home Equity Loan Mortgage, or, as the case may be, the sale of the Longs Gap Road Property if Husband does not refinance, Husband shall not allow any liens to attach to title to the Longs Gap Road Property. b. Sale: The foregoing notwithstanding, the parties shall list the Longs Gap Road Property for sale with a qualified real estate broker and shall market and sell the Longs Gap Road Property, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker upon the occurrence of ate[ of the following triggering events that may occur during prior to the transfer of the Longs Gap Road Property to Husband and his refinancing or assumption of the Chase Mortgage and Charter One Home Equity Loan Mortgage as set forth above: (a) Husband's failure to pay the installment or other payments required by the Chase Mortgage and Charter One Home Equity Loan Mortgage mortgages within 30 days of each payment's due date; (b) Husband's failure to pay in a timely manner the installment or other payments required by the casualty and liability insurance for the Longs Gap Road Property; (c) Husband's failure to pay in a timely manner, in discount or face amount the real estate taxes for the Longs Gap Road Property; (d) Husband's failure to pay in a timely manner any other municipal -8- liens, utilities and any and all other expenses associated with the Longs Gap Road Property; (e) Husband's failure to obtain a statement from a reputable lender indicating that Husband has been pre-qualified to a mortgage in an amount equal to the combined balances owed on the Chase Mortgage and Charter One Home Equity Loan Mortgage within ten (10) days of the date of this Agreement; (f) Husband's failure to apply for refinancing or assumption of the Chase Mortgage and Charter One Home Equity Loan Mortgage within fourteen (14) days of the date of this Agreement; (g) Husband's failure to complete the refinance or assumption of the Chase Mortgage and Charter One Home Equity Loan Mortgage into his sole name within forty-five (45) days of the date of this Agreement. In the event of the sale as referenced above, the net proceeds shall be applied in the following order of priority: (h) Payment of any normal real estate sales costs including but not limited to real estate commission, mortgage balances, real estate taxes and the like; (1) Reimbursement to Wife of any payments she has made on behalf of Husband for his obligation undertaken by this Agreement; (j) Payment to Wife of any Awards made to Wife by any court of competent jurisdiction for Husband's breach of this agreement; (k) Remaining balance to Husband. B. Real Estate - 21 Drexel Place, New Cumberland, PA: Husband is the sole owner of real estate known and numbered as 21 Drexel Place, New Cumberland, PA, ("Drexel Place Property") having an estimated value of $115,000, the title to which is unencumbered. The Drexel Place Property shall be divided and distributed in accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Husband all of Wife's right, title and interest in and to the Drexel Place -9- Property Real Estate. The deed of conveyance therefor shall be executed by Husband upon Wife's signing of this Agreement, at which time the deed shall be delivered to Wife to record. 2. Liens, Encumbrances and Expenses: The said conveyance shall be subject to all covenants and restrictions of record. Wife shall hereinafter be entitled to all rents received from the rental of the Drexel Place Property, all leases for which to be assigned to Wife upon the signing of this Agreement; and Wife shall be solely responsible for the payment of all municipal liens, utilities and any and all other expenses associated with the Drexel Place Property and shall indemnify, protect and save Husband harmless therefrom. C. Real Estate - 323-325 331 Et 345 Market Street. Lemoyne PA: The parties are the joint owners of 4 parcels of real estate known and numbered as 323-325, 331 Ft 345 Market Street, Lemoyne, PA, ("Market Street Property") having an estimated value of $850,000, and encumbered with a mortgage owed to Fulton Bank having an estimated balance of $740,000 ("Fulton Mortgage"). The Market Street Property and the Fulton Mortgage, shall be divided and distributed in accordance with the following: 1. Listin : The Market Street Property shall be listed for sale with a mutually agreeable real estate broker within fourteen (14) days of the date of this Agreement. The parties shall thereafter market and sell the Market Street Property at the best price obtainable, the parties further agreeing to follow all reasonable advice as to listing and sales price suggested by their real estate broker. 2. Distribution of Proceeds: Upon the sale and settlement of the Market Street Property, the net proceeds derived, after payment of the Mortgage and all other normal and reasonable settlement costs, shall be equally divided and distributed between the parties. In the event there is a loss upon that sale, the funds necessary to complete the sale and settlement, shall be equally paid by the parties. 3. Payments: The Market Street Property is currently rented to Ray's Music company and the rents received from said rental are sufficient to pay the Fulton Mortgage. If any rents remain upon the sale and settlement of the Market Street Property, the excess rents shall be divided equally between the parties. If the rents are not sufficient to cover the Fulton Mortgage or any other expenses regarding the Market Street Property, the parties shall equally contribute towards those uncovered expenses as they are -10- incurred. 4. Taxes: Each party shall be responsible for the timely and prompt reporting of 50% of the rental income and expenses for the Market Street Property on his or her income tax returns, and shall be liable for payment of any and all taxes resulting therefrom, or shall be entitled to the tax benefit of any losses so reported. Each party shall be responsible for the timely and prompt reporting of 50% of the gain or loss derived from the sale of the Market Street Property, if applicable, on his or her appropriate tax returns and shall be liable for payment of any and all taxes resulting therefrom, including, but not limited to, capital gains taxes or the equivalent, and shall indemnify, protect and hold the other party harmless therefrom. D. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The 2008 Honda Pilot under and subject to the purchase price obligation owed to Honda Finance. 2. To Husband: The 2000 Toyota Tundra and 1999 Harley Davidson motorcycle. E. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: The jointly held Vanguard investment account. 2. To Husband: Husband's Prudential investment account. F. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: The jointly held Fulton account. 2. To Husband: Any accounts in Husband's sole name. G. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: -11- I . To Wife: Wife's American General life insurance policy insuring her life. 2. To Husband: Husband's American General life insurance policy insuring Husband's Life. H. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's two (2) Wachovia R/0 IRA accounts. 2. To Husband: Husband's two (2) Wachovia IRA accounts. 3. Waiver: Any interest that either party may have, or may heretofore have had in or as the result of the Retirement Plans of the other party, including rights or contingent rights in and to unvested retirement benefits and/or by virtue of being a spouse, beneficiary, contingent beneficiary or otherwise is hereby extinguished, except as specifically herein provided, and the parties shall hold his or her Retirement Plans free and clear from any right or interest which the other party now has or may heretofore have had therein or thereto. 1. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: All items of personal property in the possession of Wife, not otherwise distributed to Husband herein. 2. To Husband: All items of personal property in the possession of Husband, not otherwise distributed to Wife herein. J. Wray's Music: Husband is the owner of a 33.33% interest in Wray's Music. That business interest shall remain Husband's sole and separate property, free and clear of all claims of Wife. K. Dogs and Horses: The parties dogs and horses shall be divided and distributed as follows: -12- I . To Husband: The two (2) dogs, Sammy and Jake. 2. To Wife: The three (3) horses, Milo, Buster and Red Cloud. L. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay the following debts: (a) Any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.05. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. B. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. For purposes of this Paragraph the term "title" shall be deemed to include a "power of attorney" if the title is unavailable due to financing arrangements or otherwise. C. Personaltv Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. -13- D. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. E. Liens: In the event any asset is subject to a lien or encumbrance, the party receiving the asset as his or her separate property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor, unless otherwise specifically herein provided. F. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. G. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. H. After Acquired Debts: Each of the parties represents and warrants to the other that since the parties' marital separation he or he has not contracted nor incurred any debt or liability for which the other or his or her estate might be responsible. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable. 1. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. Further, the parties shall cooperate in closing any remaining accounts which provide for joint liability. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and -14- payable. K. Refinance: In the event a party is assuming a liability for which the parties are jointly liable, that party shall refinance the same within forty-five (45) days of the date of this Agreement so as to release the other party from any and all liability thereunder. SECTION III COUNSEL FEES, SPOUSAL SUPPORT. APL, ALIMONY, CHILD SUPPORT AND TAX PROVISIONS 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY, APL, AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. REST OF PAGE LEFT BLANK - 15 - IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: 1-7 \ (SEAL) FRAN ANO, 111 Date: -16- Date: I I ,? I C n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name JENNIFER A. PASCUCCI Plaintiff V. FRANK J. DeSTEFANO, III Defendant NO. 08-5528 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: JENNIFER PASCUC a rt i .. co I TI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name JENNIFER A. PASCUCCI Plaintiff V. FRANK J. DeSTEFANO, III Defendant NO. 08-5528 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 18, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: /-91a,510?0a -- FRANK FANG, III ?3ry 1 f 7'1 M C.n ?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name JENNIFER A. PASCUCCI Plaintiff V. FRANK J. DeSTEFANO, III Defendant : NO. 08-5528 CIVIL TERM CIVIL ACTION - LAW : DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: J NNIFER A?WASCUCCI e? i i .. co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name JENNIFER A. PASCUCCI Plaintiff V. FRANK J. DeSTEFANO, III Defendant : NO. 08-5528 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver 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. Dated: 1.21a 3 l oo F EFANO, III t. co { a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER A. DeSTEFANO, now by resumption of former name JENNIFER A. PASCUCCI Plaintiff V. FRANK J. DeSTEFANO, III Defendant NO. 08-5528 CIVIL TERM CIVIL ACTION - LAW DIVORCE PRAECIPE OF 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 Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 09/18/2008 b. Manner of Service of Complaint: Defendant Acceptance of Service C. Date of Service of Complaint: 9/23/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 12/23/2008 b. Defendant: 12/23/2008 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated November 21, 2008, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 12/23/2008 b. Defendant's Waiver: 12/23/2008 DIANE G3. .BADCLIFF, ESQUIRE ?#S Hndle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 C3 =rr G. ? ca?'s _--e ? i? ? ? ?? r'? ; s'i r» ? ? J- ?... t ; ? 4?7 1 - i T? .? JENNIFER A. DeSTEFANO, now JENNIFER A. PASCUCCI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK J. DeSTEFANO NO. 08-5528 CIVIL TERM DIVORCE DECREE AND NOW, '30 , e do Q , it is ordered and decreed that JENNIFER A. DeSTEFANO, now JENNIFER A. PASCUCCI plaintiff, and FRANK-J. DeSTEFANO , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All issues have been resolved pursuant to the parties' Marital Agreement dated November 21, 2008 which agreement is incorporated into, but not merged with, this Divorce Decree By the Court, J. Prothonotary 7VA t4 -zvv ???