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HomeMy WebLinkAbout10-1644FILED-Or-11-CF J THE r -R3 ; ;;t? R Barbara Sumple-Sullivan, Esquire Supreme Court #32317 2010 MAR - 9 AM 10: 4 3 549 Bridge Street New Cumberland, PA 17070 CLiP?s = _ - u ? ?u?d1Y (717) 774-1445 P-".:??ta t , a . • 4 SUSAN M. CAPOZZI, IN THE COURT OF COMMON PLEAS ` ?R Plaintiff V. CLARK A. CAPOZZI, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1W q Cw i i Term CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 and visitation of your children. When the grounds for a 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 County Courthouse. 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, 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAIT ASSOCIATION 32 S. Bedford Street PA 17013 $35a. oo PD A?'r'`/ Carlisle, (717) 249-3166 all 9089 ??0238 (oo2q' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 6 CLARK A. CAPOZZI, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Susan M. Capozzi, an adult individual residing at 753 Limekiln Road, New Cumberland, York County, Pennsylvania 17070. 2. Defendant is Clark A. Capozzi, an adult individual residing at 527 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 31, 1989 in Cumberland County, Pennsylvania. 5. There are no children born of this marriage. 6. The parties separated on December 24, 2002. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9 of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. 2 WHEREFORE, Plaintiff, Susan M. Capozzi, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and B. Awarding other relief as the Court dei Dated: March 5, 2010 (717) 774-1445 Supreme Court I.D. No. 32317 3 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CLARK A. CAPOZZI, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT REGARDING COUNSELING 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: '2010 1.,W % SUSAN M.CAPOZZ 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CLARK A. CAPOZZI, Defendant NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Susan M. Capozzi, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ' Dated: 2010 L6tA_1 I 1 0- ia SUSAN M. CAPOZZI .~ MARITAL SETTLEMENT AGREEMENT ~ID-~(oy~ ~~ v; ~ ,I-er~w THIS AGREEMENT, made this day of "~'L.-. , 2010, by and between CLARK A. CAPOZZI, hereinafter referred to as "HUSBAND", and SUSAN ~. c: 4, ,, CAPOZZI, hereinafter referred to as "WIFE". ~ ; `~. ,` ~ -r~ ~- ;,; _- WITNESSETH, That: ~" ' . _ `-s f WHEREAS, the parties hereto are husband and wife, having been lawfully joined='.in ,,.,, .. ~~ -~;. --~ _ . .,~ marriage on October 31, 1989 in Cumberland County, Pennsylvania; ~~` ~~' ~~" WHEREAS, no minor children were born of this marriage; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as April 15, 2010 follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has chosen to negotiate directly with his WIFE. HUSBAND is cognizant of his right to seek counsel, but has chosen not to retain an attorney. HUSBAND is aware that he has an absolute right to be represented by an attorney. HUSBAND hereby acknowledges that he has chosen to enter into these negotiations and this Agreement. HUSBAND fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered. into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. April 15, 2010 2 ,~ ~"~- 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as maybe necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. 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. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. April 15, 2010 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed upon the expiration of the ninety (90) day period or on or after June 24, 2010. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for April 15, 2010 4 divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as maybe necessary or desirable for the proper effectuation of this Agreement. 7. 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 or the other or byway 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 or 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 April 15, 2010 5 ~ ,~, Y ~ (0~ 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. 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. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent,jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or inay be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. Apri115,2010 ( r 11. BINDING EFFECT OF AGREEMENT/WAIVER 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 the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. 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 maybe available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. April 15, 2010 '7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to be responsible for the mistake or failure. The party responsible for the mistake or failure shall suffer the consequences solely and hold the opposite party harmless. However, if the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the April 15, 2010 $ y , „ , present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 527 Warren Street, Lemoyne, Cumberland County, Pennsylvania. Said house is not encumbered by any mortgage or other lien presently. HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey her interest in the real estate to HUSBAND. HUSBAND shall be fully responsible for any past, present and future taxes, insurance and/or any debts associated with the real estate. WIFE agrees to execute a quitclaim deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 1999 VW Beetle driven by WIFE and a 1994 Toyota Truck driven by HUSBAND. The parties agree that each party shall maintain as his or her sole or separate property the vehicle which he or she drives. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole April 15, 2010 9 ~ ~~~ and separate property of the other. Neither of these vehicles are presently encumbered by any loan or lien. The titles are presently in the respective owner's name. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. E. PENSION AND RETIREMENT ACCOUNTS: WIFE has accumulated certain retirement benefits through her employment prior to and during the marriage. These benefits consisted of a State Employees Retirement System pension and a Deferred Compensation Account. WIFE began participating in the State Employees Retirement System pension in August, 1981, prior to the marriage, and began her Deferred Compensation Account in 1994, during the marriage. The parties agree that WIFE shall retain the benefits earned during the marriage and any increases in the pre-marital benefits, as her sole and separate property. HUSBAND hereby waives, relinquishes and releases any and all claims to such benefits of WIFE. HUSBAND warrants that he has earned no retirement or other deferred employment benefits during the marriage. April 15, 2010 10 F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party maybe responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither parry will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each parry agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties had a joint PSECU Visa debt due and owing at the time of separation. WIFE has since satisfied this debt in full. WIFE waives any claim for reimbursement of HUSBAND's share of said debt. Said PSECU Visa account has been closed. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT. MAINTENANCE AND COUNSEL FEES Both parties acknowledge and agree that the provisions of this Agreement providing for April 15, 2010 11 ~~~ equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. I WITNESS Lt ~~~-LG~L~2LL~ WITNES April 15, 2010 ] 2 ~ ,., l COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ~ ~ ~ ~ lQ h /,~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Clark A. Capozzi, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this _~ day of ~~.~_, 2010. NOTARY LI GOMMs~?NWEAl.:S'Pi Uf= PEN~!~S`I"LVANIA My commission expires N~tar'al Seal (SEAL) Cathy L. Yc~~ra0bload, Notary Public f Lemoyi7e ~ores, Cumberland County My Commission. Expires June 22, 2010 Mc~~r~t~r`r~ i~~;,;,~,~,;,,;,,,,a Association of Notaries COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Susan M. Capozzi, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. r~ before me this day of ~~, 2010. r` M commission ex fires: Y p April 15, 2010 (SEAL) COMMONWEALTVi OF PENNSYLVANIA Notarial Sea! Bat6ara Sumple•Suilivan, Notary Public New Cumberland Boro, Cumberland County MY Commission ExPires.Nov. 15, 2011 Member, Pennsylvania Association of Notaries 13 ~~ NOTARY PUBLIC Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10 - 1644 CLARK A. CAPOZZI, :CIVIL ACTION -LAW ~ o ~; Defendant IN DIVORCE ~' !~ `- ==~ -- - ' ~r.. ~. PRAECIPE TO TRANSMIT RECORD ,> i`~ To the Prothonotary: ~~ c- rv ~ = ?_= Transmit the record, together with the following information, to the co urt for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Affidavit of Service dated March 26, 2010. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff July 6, 2010; by Defendant June 25, 2010. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 9, 2010 and incorporated, but not merged, into the Decree. See paragraph 5, page 4. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divor was filed with Prothonotary: July 7, 2010. Date Defendant's Waiver of Notice in 3301(c) 'vo ce s filed with Prothonotary: July 7, 2010. ~~ Dated: July 6, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff' r • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SUSAN M. CAPOZZI, iN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10 - 1644 CLARK A. CAPOZZI, CNIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Clark A. Capozzi 527 Warren Street Lemoyne, PA 17043 Dated: July 6, 2010 Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff f ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, Plaintiff v. CLARK A. CAPOZZI, Defendant n o ; IN THE COURT OF COMMON PLE p `' PENN;VA~3A -~ s~ CUMBERLAND COUNTY , - .; _ NO. 10 - 1644 1. , E ~ _ _ _ CIVIL ACTION -LAW :~_- ~~_ ~.,, ,..t, IN DIVORCE .. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section. 4904 relating to unsworn falsification to authorities. DATE: v ~~5 -( O COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ~~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Clark A. Capozzi, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Affidavit of Consent are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this NOTAR UBLIC My commission expires: ~~ day of R , 2010. (SEAL) ~~~pryyy~N FS~ NNSYLVlWU Dubuc carry L You~'~9bloodntl Qounty Lemoyne Boro, ~iNle 2Z 2014 Membbr; PennsY~+~la Aseodetlon of Notaries a~ i~ ~:; ~~••_ .., ~. ,._ _ S_, L - ' iati~~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, Plaintiff v. CLARK A. CAPOZZI, Defendant i' }~ si.. ;~ ^. UtQ JLL ' ~ ~ i+ ,:• 1 ~ 1 CU?,k~ )~~iv~CY 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1644 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: ~j ~- ~5~' ~ C~ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF C ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Clark A. Capozzi, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Notice of Waiver are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this NOT R PUBLIC My commission expires: CAMMONWEALTH OF PENNSYLVANIA Nota~1M SsN t~smgm4e Bprpberland Gounty My won Expires Tune 2014 Member, pennsylveMa Assodatbn of NOterles 'Z~ day of ~~~ , 2010. (SEAL) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 SUSAN M. CAPOZZI, Plaintiff v. CLARK A. CAPOZZI, Defendant C) IN THE COURT OF COMMON PLI~S ~' ;i ..~ CUMBERLAND COUNTY, PENlt~~`Y'LV~TIA ~~,'' -Y ~` , -`' ~'~ NO. 10 - 1644 __ `' C ( T :~ ~__ ~ CIVIL ACTION -LAW '= c'~ r•.> : IN DIVORCE -~ _~ -- ~ AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 9, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~/~/ ~ (,~ t . SUSAN M. CAPOZZI Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 SUSAN M. CAPOZZI, Plaintiff v. CLARK A. CAPOZZI, Defendant 1. 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1644 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. n cY o -x, i _ 9 .~ 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 a$er it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein aze made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. ~ 0 1 DATE: ~ fj ~ ~,C U(/~ SUSAN M. CAPOZZI SUSAN M. CAPOZZI V CLARK A. CAPOZZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1644 DIVORCE DECREE AND NOW, , ~ , it is ordered and decreed that SUSAN M. CAPOZZI CLARK A. CAPOZZI bonds of matrimony. plaintiff, and defendant, are divorced from the 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 matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 9, 2010 and incorporated, but not merged, into this Decree. B ,tom court, Attest: ~. Prothonotary ~~~<<~~