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HomeMy WebLinkAbout01-0290IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL D~LESS~/TDRONI, Plaintiff vs. MICH~EL ALESSANDRONI, Defendant Civil Action - Law Divorce TO: MICF~EL DJ~ESSD~NDRONI, Defendant 123 Pearl Drive, Carlisle, PA 17013 NOTICE TO DEFEND ~ CI~%IM 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 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 Court House, Three South Hanover Street, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COL~NSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ~ OF THEM. YOU SHOULD TA/~E 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. Lawyer Referral Service Cumberland County P.O. Box 186 Harrisburg, PA 17108 Telephone (800) 692-7375 GRIFFITH, STRICKLE,~L~RM~.N, I. D. No. 75 110 South )rthern Way York, PA 1 402 Telephone (717 757-7602 AVISO PARA DEFENDER Y RZCLAMAR DERECHOS Usted ha sldo demandado en la corte. Si desea defenderse de las quejas expuestas en las p~ginas siguientes, debe romar acci6n 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 decisi6n puede tambi~n ser emitida en su contra por cualquier otra queja o compensaci6n reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~ disponible en la oficina del Prothonotary, en la York County Court of Common Pleas, 28 East Market Street, York, Pennsylvania. SI USTED NO RECLAMAPENSIONALIMENTICIA, PROPIEDADMARITAL, 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 DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGARUNABOGADO, VAYA O LLAME A LAOFICINA INDICADAABAJO PARA AVERIGUARDONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County P.O. Box 186 Harrisburg, PA 17108 Telephone (800) 692-7375 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of York County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the county at (717) 771-9099. For those with a hearing impairment, please contact the Deaf Center at (717) 848-2585 ext. 329 or ext. 342 TDD. 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL ALESSAArDRONI, Plaintiff vs. MICHAEL ALESSANDRONI, Defendant TO: Civil Action - Law NO. Divorce MICHAEL ALESSANDRONI, Defendant 123 Pearl Drive, Carlisle, PA 17013 NOTICE AS TO COUNSELIN~ You are hereby notified that counsellng is available and may be requested by either party. Upon written request made to the Domestic Relations Office located at 13 North Hanover Street, Carlisle, PA 17013, both parties will be provided a list of qualified professionals who give counseling service. GRIFFITH, STRICKLER SOLYMOS & CALKINS 110 South Nortli York, PA 1740~ Telephone (717 ESQUIRE rn Way 757-7602 IN THE COURT OF CO~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL ALESSAN-DRONI, Plaintiff vs. MICHAEL ALESSANDRONI, Defendant Civil Action - Law No. Divorce  COMPLAINT ~i~ ~Ob~y ~orli~FIT~H, ~ S~ ~,o~ Plaintiff, Cheryl Alessa ni a T E SOLYMOS & CALKINS, Esquires, by Peter D. Solymos, Esquire, and files this Complaint in Divorce, whereof the following is a statement: 1. Plaintiff is Cheryl Alessandroni, an adult, who resides at 120 E. Louther Street, Apartment C, Carlisle, Cumberland Cou/%ty, Pern~sylvania 17013. 2. Defendant is Michael C. Alessandroni, an adult, who resides at 123 Pearl Drive, Carlisle, cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have resided within the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint, and are both citizens of the United States of America. 4. The Plaintiff and Defendant were married on June 14, 1997, York, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. One (1) child was born as a result of said marriage, namely: Meryl Alessandroni, date of birth 12/22/98. COUNT I Divorce - No-Fault 7. Paragraphs 1-6 are incorporated by reference. 8. The marriage between the parties is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling~ W}{EREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code, divorcin~ Plaintiff and Defendant. COUNT II 3301(D) 10. Paragraphs 7-9 are incorporated by reference. 11. The marriage is irretrievably broken. 12. The parties were separated on February 1, 2000. 13. The parties have lived separate and apart since the separation and have not cohabited as husband and wife. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce pursuant to Section 3301(d) of the Divorce Code, divorcin9 Plaintiff and Defendant. COUNT III Divorce - IndiGnities 14. Paragraphs 10-13 are incorporated by reference. 15. The Plaintiff avers that in violation of the marriage and of the laws of the Commonwealth of Pennsylvania, the Defendant has offered such indignities to the Plaintiff as to render her life burdensome and her condition intolerable. 16. This action is not collusive. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. COUNT IV Alimony, Alimony Pendente Lite, Counsel Fees and Costs 17. Paragraphs 14-16 hereof are incorporated by reference. 18. The Plaintiff lacks sufficient property and income to provide for her reasonable needs and meet the expenses of this litigation. 19. By reason of the conduct of the Defendant, the Plaintiff will be put to considerable expense in the preparation of her case, the employment of counsel and payment of expenses. 20. The Defendant has sufficient income and assets to support the Plaintiff and meet the expenses that she will incur by reason of this litigation. WHEREFORE, the Plaintiff requests your Honorable Court to award the Plaintiff alimony, alimony pendente lite, counsel fees and expenses. COUNT V Ec~itable Distribution of Pro~ertv 18. Paragraphs 17-20 hereof are incorporated by reference. 19. Plaintiff and Defendant ow~ substantial "marital property" as defined under the Divorce Code. 20. In order to effectuate economic justice between the parties, the Plaintiff requests your Honorable Court to enter a fair and just determination and settlement of the parties' property rights. WHEREFORE, the Plaintiff requests your Honorable Court to equitably divide and distribute the "marital property" of the parties in accordance with the Divorce Code. GRI FF I T~,/~RI CKLER,~RMAN, Supremq !ourt I.D. ~o. 07475 110 Sou ~orghorn York, ~ T*lephone ~o. (7~7) 757-7602 VERIFICATION I verify that the fore~oin~ facts are true, upon my personal knowledge or information and belief. This verification is made subject to the penalties of 18 Pa.C.S. § 4904, relatin~ to unsworn falsification to authorities. IN THE COURT OF CO~94ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL ALESSAlgDRONI Plaintiff VS. MICHAEL ALESSAIgDRONI, Defendant Civil Action - Law No.: 2001-290 civil Divorce AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : Before me, a Notary Public in and for said Commonwealth and County, personally appeared PETER D. SOLYMOS, ESQUIRE of the law firm of GRIFFITH, STRICKLER, LERMAN, SOLYMOS & CALKINS, who being duly sworn according to law deposes and says that he caused to be served upon MICHAEL ALESSANDRONI, Defendant, a copy of the Complaint for No Fault Divorce by causing a copy of said Complaint to be placed in the mails of the United States, as per Pa.R.C.P. 440, addressed to 123 Pearl Drive, Carlisle, PA 17013, service being effectuated on said Defendant on January 23, 2001, as evidenced by a copy of the Return of Service attached hereto. GRIFFITH, STRICKLER, ~, BY: , PETER ~. NOS, ESQUIRE Attorney Plaintiff Supreme Co~:t I.D. # 07475 110 South ]~orthern Way York, Pennsylvania 17402 Telephone: (717) 757-7602 SWORN AlgD SUBSCRIBED to before me this ]~ day , ?, 2o0 i ~JNOTARY PUBLIC Notariat Seal Dawn M, Kessler, Nota~/Public Sl3rlngettsbury Twp., York County My Commission Expires Oct. 13, 2003! Member, Pen~sylvania Association ol Notaries · Complete items 1, 2, and S, A/so complete item 4 if Res~cted Delivery is desired. · Print your na~ne and address on the reverse 9o that we c~ return the card to you. · Attach this c{Ird to the back of the mailpiece, or on the fro~ if spaCe permits. t, Article Addressed to: [] Agent [] AddreSSee D, tw~llv~yaddressd~ll~,~fromitern I? []Yes if YES, enter delivery address below: I~ No r'~ Return Receipt for Merchandise [] Insured Ma~l r'l C.O.D. 4, Restricted Dettvefy? fExtre Fee) ~ 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : 2001-290 CIVIL TERM : IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. 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, 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request, 3. 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C,S. Section 4904 relating to unswom falsification to authorities. Date: September 4, 2001 CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant IN THE COURT OF COMMON PLEAS OF ; : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-290 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi.om the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: September 4, 2001 CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-290 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301¢c~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be 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 tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: September 4, 2001 MICHAEL ALESSANDRONI Defendant CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA ._ CIVIL ACTION - LAW : 2001-290 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 16, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry ora final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. Date: September Iq ,2001 ~RYL ALESSANDRONI CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW : 2001-290 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. I consent to the entry ora final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, i CHERYL ALESSANDRONI, Plaintiff MICHAEL ALESSANDRONI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001-290 CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. ! 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: September I~ ,2001 CI~YL ALi ~SSANDRONI CHERYL ALESSANDRONI, Plaintiff Vo MICHAEL ALESSANDRONI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 2001-290 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Michael Alessandroni, on January 23, 2001, by certified, restricted delivery mail, addressed to him at 123 Pearl Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7099 3400 0007 0726 2336. 3. Complete either paragraph (a) or (b). (a) Date of execution of the niT, davit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: September 14, 2001; by defendant: September 4, 2001. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs aff~davit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 25, 2001. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 6, 2001. SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: September 25, 2001 DOCKET NUMBER: 2001-290 Civil Term P LAYNTI F F~I~ S S # 178-58-3866 NAME: CHERYL L. ALESSANDRONI DEFENDANT~ SS # 592-24-4684 NAME: MICHAEL C. ALESSANDRONI MARRIA GE SETTLEMENT A GREEMENT THIS AGREEMENT made this ~]~ 1~- day of ~/,c~t Z[ , 2001, by and between CHERYL L. ,4LESSANDRONI (hereinafter referred to as "WIFE") and MICHAEL C. ALESSANDRON1, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on June 14, 1997; and WHEREAS, diverse, 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 f'mancial 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 claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart fi.om each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and fight standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereaRer acquired by the other. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: 2 (1) is represented by counsel, (Rebecca R. Hughes, Esquire for HUSBAND and Peter D. Solymos, Esquire for WIFE) of his or her own choosing; or if not represented by counsel, understands that he or she has the right to counsel; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all properly that would qualify as marital property under the Pennsylvania Divome Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divome Code relating to spousal support or alimony. Each party represents and warrants that he or she has had sufficient time and access to all information necessary to enter into this Agreement, incinding but not limited to property interests of any nature, whether personal or business, any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that, although not all the information was requested, that he or she is satisfied with the cooperation and disclosure of the property interests of any nature of the other party, and waives any fight to raise the lack of disclosure of property interests of any nature as a defense to the enforcement of this Agreement. Each further represents and warrants that he or she has not made any girls or transfers for inadequate consideration of Marital Property without the prior consent of the other· Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. REAL ESTATE: WIFE hereby agree to transfer to HUSBAND all right, title and interest in the property known and numbered as 123 Pearl Drive, Carlisle, Cumberland County, Pennsylvania. WIFE hereby agrees to cooperate in the transferring of the deed to said property, and WIFE's attorney shall hold said deed in escrow until the refinance of the mortgage currently on the property. HUSBAND hereby agrees to refinance said mortgage removing WIFE's name from all liens against said property, and holding her harmless from the same. HUSBAND agrees to pay the sum of Ten Thousand Dollars ($10,000.00) to WIFE at the time of the refinancing of said property. Furthermore, HUSBAND shall pay to WIFE and additional Fifteen Thousand Dollars ($15,000.00) as follows: Five Thousand Dollars ($5,000.00) on or before December 31, 4 1l. MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND aga'mst all debts incurred by WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all c/aims or demands made against her by reason of debts or obligations incurred by him. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND's employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE's employee benefits. 6 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND, and HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 14. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 15. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 16. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies or any other remedies provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 17. ENTIRE AGREEMENT: This Agreement conta'ms the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 19. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 21. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 9 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ~LESSANDRONI ~I~DRONI (SEAL) 10 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ~ ] Or day of /~}/~tt~'~ 9 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, CHERYL L. ALESSANDRONI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ,t/~,/') day ofq~/'9~,~ t~ff/,t~/..~ , 2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, MICHAEL C. ALESSANDRONI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement , and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Martha k. Noel, Notary Pub c CadJele Boro, Cumber/arid County My Commission Expires Sept. 18, 2003 Metal)ar. Peonsvlvania Association of Notaries 11 IN THE COURT OF COMMON PLEAS CHERYL ALESSANDRONI, Plaintiff VERSUS MICHAEL ALESSANDRONI, OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 2001-290 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE Defendant DECREE iN DIVORCE AND NOW,_ ~¢...~,~'~.. 3~"~/ , 2001 , IT J$ ORDERED AND DECREED THAT AND CHERYL ALESSANDRONI MICHAEL ALESSANDRONI __,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET bEEN ENTERED; The Marriage Settlement 'Agreement dated August 31, 2001 and signed by the parties is hereby incorporated into this Decree, but not merged. ATTEST: PROTHONOTARY