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HomeMy WebLinkAbout09-4117EILEEN MARIE PAULETTA, PLAINTIFF VS. ROBERT LEE PAULETTA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, o q- y//7 NO. CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 EILEEN MARIE PAULETTA, PLAINTIFF VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, NO. CIVIL TERM ROBERT LEE PAULETTA, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, EILEEN MARIE PAULETTA, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is EILEEN MARIE PAULETTA, an adult individual, who resides at 1400 Princeton Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over six (6) months. 2. Defendant is ROBERT LEE PAULETTA, an adult individual, who resides at 1400 Princeton Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 6, 1997. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant were ever members of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, ANNA RAE PAULETTA, born February 13, 1999 and MAEVE KATHLEEN PAULETTA, born on March 21, 2007. COUNT I - REQUEST FOR NO-FAU?T DrV_ORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, EILEEN MARIE PAULETTA, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - QUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(x)(2) xnd 3323(b) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The parties are the parents of the following minor children who reside with the Plaintiff and the Defendant at this time: NAME ANNA RAE PAULETTA AGE SEX DATE OF BIRTH 10 years Female February 13, 1999 MAEVE KATHLEEN PAULETTA 2 years Female March 21, 2007 16. During the past five (5) years the children have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM / TO Plaintiff and Defendant 1400 Princeton Road Mechanicsburg, PA 2004 to Present 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has Partial Physical Custody of their children. WHEREFORE, Plaintiff, EILEEN MARIE PAULETTA, requests this Honorable Court grant Plaintiff, EILEEN MARIE PAULETTA, and Defendant, ROBERT LEE PAULETTA, Shared Legal Custody and Shared Physical Custody of the minor children, ANNA RAE PAULETTA and MAEVE KATHLEEN PAULETTA, as in the children's best interest. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. \\. Dated: June -x;?009 usari Kay I Counsel for PA I.D. # 6? 4010 Glenfl'mmn--Place Mechanicsburg PA 17055 (717) 724-2278 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: 49 ©? EILEEN MARIE PAULETTA Ll:,, ,1;J„ 16 Fii J Y -* 4qo . Sts PD ':'TTY CO I SUP R:r# O,t0 g 10 ion •.. EILEEN MARIE PAULETTA IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT LEE PAULETTA DEFENDANT 2009-4117 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, June 23, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, July 23, 2009 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court:. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ...i. ,-, .... ? ?,. , ? ?;?1,?? r, .'i +?.+ti,? A.,':, :. ?, ? f i_ , G ay?? ?? <?=Q? ? ?` ? av? ?r ? ? C iL.ED-0 F 6 Y'0' 0 NOV 16 AM 10: 1 '4 1...' T s EILEEN MARI 0 VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : NO. 20094117 CIVIL TERM ROBERT LEE PAULETTA, : CIVIL ACTION - LAW DEFENDANT : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2009. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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 EILEEN MARIE PAULETTA 0 EILEEN MARIE PAULETTA, PLAINTIFF VS. ROBERT LEE PAULETTA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY,--) 4 NO. 20094117 CIVIL TERMS r CIVIL ACTION - LAW' ACTION FOR DIVORCE 3:0- AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 24, 2009. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. W J ?? 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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 unworn falsification to authorities. )) I-a-) D -?- DATE ROBERT LEE PAULETTA V EILEEN MARIE PAULETTA, PLAINTIFF VS. ROBERT LEE PAULETTA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : NO. 2009-4117 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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. 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. 1/1 IA 110 ,10 DATE EILEEN MARIE PAULETTA w G `T'3 l.J EILEEN MARIE PAULETTA, PLAINTIFF VS. ROBERT LEE PAULETTA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : NO. 2009-4117 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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. 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. 2 'L DATE ROBERT LEE PAULETTA C . t CC w ^1 µ„ F 1! ID FT! C", i# THIS AGREEMENT is entered into this - day of (]? 2010, by and between EILEEN MARIE PAULETTA and ROBERT LEE PAULETTA. RECITALS Wife's Birthday and Social Security Number: August 15, 1966 xxx-xx-1070 Husband's Birthday and Social Security Number: November 5, 1961 xxx-xx-2539 Date of Marriage: December 6, 1997 Place of Marriage: Millersville, PA Last Marital Residence: 1400 Princeton Road, Mechanicsburg, Pennsylvania, 17050 Date of Separation: June 23, 2009 Children: The parties have two (2) children from this marriage: Anna Rae Pauletta, born on February 13, 1999 and Maeve Kathleen Pauletta, March 21, 2007. Pending Court Proceedings: None Divorce Court of Common Pleas No. 2009-4117 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband 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: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, 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 of the 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: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or 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 Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. 2 (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. If either party has failed to disclose any assets, liabilities, holdings and estates, that asset, liability, holding and estate shall be divided equally (50150) between the parties when discovered. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife. Husband has been apprised of his need for counsel and has waived his right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 4010 Glenfinnan Place, Mechanicsburg, PA 17055 or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Robert Lee Pauletta, 1400 Princeton Road, Mechanicsburg, Pennsylvania, 17050, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that parry for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt 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. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein 6 that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other parry in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. ENGAGEMENT RING The parties have agreed Wife will give Husband her Diamond Engagement Ring when one of the following occurs: 1) January 31, 2011; 2) When Husband vacates the marital residence; or 3) When Husband pays Wife the full amount of the three mortgage payments, $2,748.93. 3. HORSE "BIG POPPY" Husband and Wife jointly own a horse, named "Big Poppy". The parties have agreed "Big Poppy" shall hereafter be the sole property of Wife. Husband shall waive, release and abandon any claim he might have to "Big Poppy". "Big Poppy" shall hereafter be the sole property of Wife. Wife shall be responsible for all costs associated with "Big Poppy". 7 4. MARITAL RESIDENCE / DIVISION OF EQUITY Marital Residence/Value The parties jointly own real property and a marital residence located at 1400 Princeton Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. There is presently a mortgage on the marital residence, in Wife's name alone, with Wells Fargo Bank. The mortgage has an approximate balance of One Hundred Fifty-Five Thousand Dollars and No Cents ($155,000.00). Husband and Wife have agreed there is approximately Eighty Thousand Dollars and No Cents ($80,000.00) of equity in the marital residence. Husband and Wife have agreed Wife shall pay Husband the sum of Twenty-Five Thousand Dollars and No Cents ($25,000.00), which shall represent Husband's equity in the marital residence. Husband agrees to sign a deed transferring his right, title and interest in the marital residence to Wife. Wife shall be responsible for filing the new deed to the marital residence. The marital residence shall thereafter be the sole and exclusive property of the Wife. Wife shall be responsible for all taxes, insurance, loans, liens and mortgages on the marital residence. During the time from the date of the execution of this Agreement and until January 31, 2011, Husband may remain in the marital residence. Husband shall move from the marital residence no later than January 31, 2011. During this time while Husband continues to reside in the marital residence, Husband shall make all mortgage payments directly to Wells Fargo, providing Wife with a copy of his payment of the mortgage payment on or before the 15th of each month or Husband may make the mortgage payments directly to Wife. Husband has agreed to make the mortgage payments on the marital residence for November, 2010, December, 2010 and January, 2011. 5. MOTOR VEHICLES A. The parties have agreed Wife shall keep the 1999 Subaru Forrester, now titled in Wife's name alone. There are no loans on this vehicle. Wife agrees to be solely responsible for all insurance and expenses for this vehicle. Husband agrees to relinquish all right, title and interest in Wife's 1999 Subaru Forrester. This vehicle shall hereinafter be the sole and exclusive property of Wife. B. The parties have agreed Husband shall keep the 2002 Mercury Mountaineer, which is titled in Husband's name alone. There are no loans on this vehicle. Husband agrees to be responsible for the insurance and expenses for this vehicle. Wife agrees to relinquish all right, title and interest in Husband's 2002 Mercury Mountaineer. This vehicle shall be considered as the sole and exclusive property of Husband. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. 8 D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 6. BANK ACCOUNTS A. Husband has a personal checking account with an approximate value of Two Hundred Dollars and No Cents ($200.00) and a savings account with an approximate value of Two Hundred Dollars and No Cents ($200.00) with Members First Federal Credit Union. Wife specifically waives, releases, renounces any claims which she may have with respect to Husband's Members First Federal Credit Union checking and savings accounts. The funds in these accounts shall hereafter be the sole and exclusive property of Husband. B. Husband also has a business checking account with an approximate value of Two Thousand Dollars and No Cents ($2,000.00) and savings account with an approximate value of Thirty-Three Thousand Dollars and No Cents ($33,000.00) with Members First Federal Credit Union. Wife specifically waives, releases, renounces any claims which she may have with respect to Husband's Members First Federal Credit Union business checking and savings accounts. The funds in these accounts shall hereafter be the sole and exclusive property of Husband. C. Husband has a personal savings account with Tomorrow's Scholar for the benefit of the parties' daughter, Anna R. Pauletta with Wells Fargo Bank, with an approximate balance of Two Thousand Eight Hundred Forty-Three Dollars and Eleven Cents ($2,843.11). Husband agrees to keep this savings account for the benefit of their daughter, Anna R. Pauletta. Wife shall waive, release and renounce any claim which she may have with respect to Husband's personal savings account with Wells Fargo Bank. D. Wife has a personal checking account with Sovereign Bank with an approximate value of One Thousand Dollars and No Cents ($1,000.00). Husband specifically waives, releases, renounces any claims which he may have with respect to Wife's Sovereign Bank checking account. The funds in these accounts shall hereafter be the sole and exclusive property of Wife. E. Wife has a business checking account with Commerce Bank, with an approximate balance of Thirty Dollars and No Cents ($30.00). Husband specifically waives, releases, renounces any claims which he may have with respect to Wife's business checking account with Metro Bank. The funds in this account shall hereafter be the sole and exclusive property of Wife. F. Wife has a custodial account for the benefit of their daughter, Anna R. Pauletta, with Commerce Bank, with an approximate balance of Two Thousand Eight Hundred Dollars and No 9 Cents ($2,800.00). Husband specifically waives, releases, renounces any claims which he may have with respect to Wife's custodial account for the benefit of Anna R. Pauletta with Commerce Bank. Wife agrees to keep this custodial account for the benefit of their daughter, Anna R. Pauletta. G. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 7. RETIREMENT INTEREST A. Husband has an IRA with Scott Trade with an approximate value of Forty Thousand Dollars and No Cents ($40,000). Wife specifically waives, releases, renounces any claims which she may have with respect to Husband's IRA with Scott Trade account. The funds in these accounts shall hereafter be the sole and exclusive property of Husband. B. Wife has a 401k through her employer which is valued at approximately Twenty-Five Thousand Dollars and No Cents ($25,000). Husband specifically waives, releases, renounces any claims which he may have with respect to Wife's 401k through her employer. The funds in this 401k account shall hereafter be the sole and exclusive property of Wife. C. Wife has an IRA, an annuity and a savings account with Ameriprise Financial which is valued at approximately Two Thousand Dollars and No Cents ($2,000.). Husband specifically waives, releases, renounces any claims which he may have with respect to Wife's IRA with Ameriprise. The funds in these accounts shall hereafter be the sole and exclusive property of Wife. 8. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the marital residence with Wells Fargo valued at approximately One Hundred Fifty-Five Thousand Dollars and No Cents ($155,000.00). This mortgage is in Wife's name alone. Husband shall be responsible for the payment of this mortgage for the months of. November, 2010, December, 2010 and January, 2011. After January 31, 2011 Wife shall be fully responsible for this mortgage; 2) Capital One credit account, in Husband's name alone, with an approximate value of $2,500.00. Husband shall be solely responsible for this loan. 3) American Express credit account, in Wife's name alone, with an approximate value of $2,000.00. Wife shall be solely responsible for this loan. 10 Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either parry in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9. LIFE INSURANCE Husband has no life insurance. Wife has a life insurance policy through her employer. Husband agrees to release any right, title or interest he may have in Wife's life insurance policy. Wife agrees to make the children equal beneficiaries of her life insurance policy. 10. REAM Properties LLC (Husband's business) Husband and Wife jointly own a business, known as REAM Properties LLC. Wife is not involved in the operation of this business. Husband presently owns approximately five (5) properties in this business located at: 1835 Forster Street, Harrisburg, PA; 1602 Green Street, Harrisburg, PA; 136; 138; and 140 Wilson Street, Middletown, PA. Husband rents and renovates these properties. Each of these properties has a deed and a mortgage solely in Husband's name. Husband has a bank account for this business with Member's First Federal Credit Union solely in his name. Husband has mortgages for these properties, solely in Husband's name, with Susquehanna Bank (Forster) and Members First Federal Credit Union (Green and Wilson). While each of these properties has equitable value, the total equitable value, is approximately One Hundred Thousand Dollars and No Cents ($100,000.00). Wife agrees to waive any right, title and interest which she may have or assert against REAM Properties, LLC. Wife further agrees from the date of the execution of this Agreement, she will not take any action, either directly or indirectly, to interfere with Husband's business. Husband shall hereafter be solely responsible for all liens, loans and all other financial interactions which may be or have been incurred by REAM Properties LLC. Wife agrees to cooperate in the execution of any and all documents necessary to sign over all right, title and interest in REAM Properties, LLC. 11. Whimsy Portraits (Wife's business) Husband and Wife jointly own a business, known as Whimsy Portraits. Wife is sole proprietor of this photography business. Husband's name is not utilized in this business in any manner, nor is Husband involved in this business. This business is a sole proprietorship with the sole activity being Wife taking photographs. This is a part-time business. There is an approximate equity in the business of Three Thousand Dollars and No Cents ($3,000.00). Husband waives any right, title and interest which he may have or assert against Whimsy ll Portraits. Husband further agrees from the date of the execution of this Agreement, he will not take any action, either directly or indirectly, to interfere with Wife's business. Wife shall hereafter be solely responsible for all liens, loans and all other financial interactions which may be or have been incurred by Whimsy Protraits. Husband agrees to cooperate in the execution of any and all documents necessary to sign over all right, title and interest in Whimsy Portraits. 12. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 13. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, 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. 14. RELEASE OF SUPPORT AND ALIMONY / ACKNOWLEDGMENT OF ADEQUACY 12 support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other parry. 15. INCOME TAX RETURNS Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. Husband and Wife have agreed Wife shall have all the expenses and interests on the marital residence when filing her 2010 income tax return. Husband and Wife have also agreed Wife shall have both of their minor children as income tax exemptions. 16. COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and vear first written above. --J0i&dJ&,&4VS EILEEN MARIE PAULETTA, WIFE 13 4hNE S ROBERT LEE PAULETTA, HUSBAND COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the jh day of ND (tM bl , 2010, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when EILEEN MARIE PAULETTA and ROBERT LEE PAULETTA, whose names are subscribed to the within Marital Property Settlement Agreement, executed the same, and that said persons acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official Seal. Ca*d0 IwMn1 OF PffiuOYl vA2u+? NOTARIAL 9$AL Linda A. C1aR8 hff- NoMy Hampden Twp, cumbabod Coo* commissi n ' lone 21, 2014 tary Public y Commission Expires: ,Ju,,,c zr,1_o ? y 14 EILEEN MARIE PAULETTA, PLAINTIFF VS. ROBERT LEE PAULETTA, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : NO. 2009-4117 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT action. I, ROBERT LEE PAULETTA, do hereby acknowledge that I am the Husband in this divorce I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Husband in this divorce action are determined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. Date: 12 92010 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND vo? AO-BERT LEE PAULETTA SS: On this, the I10 day of NPV1-y?1ZA , 2010, before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when ROBERT LEE PAULETTA whose name is subscribed to the within Waiver of Right to Counsel, executed the same, and that said person acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h and official Seal. Q014TtfONWEALTH of PDWYLVAMA NOTARIAL SEAL- otary Public Linda A. Cid>l hw. Natmy Pub& y Commission Expires: Hampden Up, Cumberland Couaty c iw evim Ium 21, 2014 1u vu U EXHIBIT "A" v EILEEN MARIE PAULETTA, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, VS. NO. 2009-4117 CIVIL TERM ROBERT LEE PAULETTA, : CIVIL ACTION - LAW nG, _ DEFENDANT : ACTION FOR DIVORCE' 'r PRAECIPE TO TRANSMIT RECORD To the Prothonotary: c. c Please 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 and manner of service of Complaint: The Defendant, Robert Lee Pauletta, signed the Acceptance of Service on June 28th, 2009. Said Acceptance of Service was filed with the Cumberland County Prothonotary on July 28th, 2009. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff. November 12th , 2010 Defendant: Novemberd 12th , 2010 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on November 12th , 2010 by the Plaintiff and on November 12th , 2010 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: November LS?,. 2008 Susan Kay Candie Counsel for pl nti PA I.D. # 649 4010 GlenfinnalQlaw,,-' Mechanicsburg PA 17055 (717) 724-2278 EILEEN MARIE PAULETTA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT LEE PAULETTA NO. 2009 - 4117 DIVORCE DECREE ." 1.4 AND NOW, e4) owd ? , it is ordered and decreed that -.0 EILEEN MARIE PAULETTA plaintiff, and ROBERT LEE PAULETTA , 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 rothonotary Attest: J. ? ? i -?Wc?