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HomeMy WebLinkAbout10-2225 P! C;1. r, BY: JOANNE HARRISON CLOUGH, ESQUIRE CU,r Jr?, Attorney I.D. No. 36461 t r 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIMBERLY B. SANSEVERINO, IN THE COURT OF COMMON PLEAS Plaintiff V. JASON M. SANSEVERINO, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. l0-aaa5 (2.1vi ITerm 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 maybe 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 3501.00 PA ATt?I +&1 5(00 I? 41' a39wo BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff KIMBERLY B. SANSEVERINO, Plaintiff V. JASON M. SANSEVERINO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estd disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O 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 O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 KIMBERLY B. SANSEVERINO, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JASON M. SANSEVERINO, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Kimberly B.Sanseverino, an adult individual who currently resides at 4 Victor Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Jason M. Sanseverino, an adult individual who currently resides at 94 Ashford Drive, Enola, CumberlandCounty, Pennsylvania 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 married onJune 10, 2000 in Reading, Berks County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eighteen years, namely Antonio J. Sanseverino born on December 19, 2001. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, Date: 3 J ?q ?- Vj JOANNE HARRISON CLOUGH, PC Joanne Harrison Cl Attorney ID No.: 3 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Esquire 1 VERIFICATION I, Kimberly Sanseverino hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: (? ?? (?? lU Kimberly Sa s erino ~' KIMBERLY B. FOX (Formerly IN THE COURT OF COMMON PLEAS OF SANSEVERINO), CUMBERLAND COUNTY, PENNSYLI~AN~ ~ Plaintiff ~=- -~- o - • ~~ ~ :; -~J ~ _``` ,_ , o ---r vs. CIVIL ACTION -LAW r ~Y.4c .~ JASON M. SANSEVERINO, N0.2010-2225 - = ~ Defendant IN CUSTODY - ,`. ~ - CA-, .~ , o. COURT ORDER '~ NOW, this ~~ day of / ~ 2010 u on considerati r •n •f the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Jason M. Sanseverino, and the mother, Kimberly B. Fox, shall enjoy shared legal custody of Antonio J. Sanseverino, born December 19, 2001. 2. Physical custody shall be handled as follows: A. Father shall have custody every Wednesday overnight consistent with the time schedule the parties have been working under over the past few months. B. Father shall have custody of the minor child every weekend. For two of the weekends, father's custody shall end early Sunday morning when he shall deliver the child back to the mother, with the other two weekends custody to end on Monday morning when he shall deliver the child to school or daycare as appropriate. C. Mother shall have physical custody of the minor child at those times that father does not have custody as outlined above. D. The parties may modify the custody schedule as they agree. Absent an agreement, the schedule set forth above shall control. .~ T 3. This order is entered as a TEMPORARY order pursuant to an agreement of the parties whereby this order is intended to be on a trial basis. In the event there is a hearing in this case at a later date, either party may advance a different position with respect to custody. 4. The parties and their counsel shall meet again with the custody conciliator on Thursday, October 28, 2010, at 8:30 a.m. At this conciliation, it shall be determined whether the parties have reached an agreement on a more permanent order. If not, the matter shall be referred to the court for a hearing. Additionally, in the event any major problems arise between the date of this order and the date of the second custody conciliation conference, counsel for the parties may contact the custody conciliator directly to schedule an accelerated conciliation conference which may either be in person or via telephone conference between the conciliator and the attorneys. 5. The parties agree that the child shall continue in his existing school district which is Cumberland Valley. 6. Holiday custody shall be handled pursuant to a schedule as agreed upon by the parties. BY THE COURT, Judge cc: v I}e~n Reynosa, Esquire /Bradley Griffie, Esquire ~ ~ '~ S s~~v ~~ m~.~ .. KIMBERLY B. FOX (Formerly SANSEVERINO), Plaintiff vs. JASON M. SAN5EVERINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2225 IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Antonio J. Sanseverino, born December 19, 2001. 2. A Conciliation Conference was held on July 29, 2010, with the following individuals in attendance: The mother, Kimberly B. Fox (f/k/a Kimberly B. Sanseverino), with her counsel, Dean Reynosa, Esquire, and the father, Jason M. Sanseverino, with his counsel, Bradley Griffie, Esquire. 3. The parties agree to the entry of the following order in the nature of a TEMPQRARY order. Date: August J , 2010 C~~ ~~ Hubert X. Gilroy, Custody Concilial i . . KIMBERLY B. FOX (fka Sanseverino), Plaintiff v. JASON M. SANSEVERINO, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • l7 CIVIL ACTION -LAW c - ~ N ° ~ cx~ N0.2010-2225 ~ ~' IN CUSTODY -<~ «, PRAECIPE r- ~~ ~ ~o ~ z; c c» --~ c~ -< w 0 ~~ ~'r= ~rn ~ tv a , --+c~ ~ -n o -ri o~ ~r*, v --~ Kindly withdraw my appearance as counsel on behalf of Kimberly B. Fox, Plaintiff in the above-captioned matter. Date: ~d -a~~~lv PRAECIPE TO ENTER APPEARANCE Kindly enter my appearance on behalf of the above named Plaintiff, Kimberly B. Fox, in the above-captioned matter. Date: la ~~ ~ ~ ~~~~~ ~Y ''~ ~ ~ Law Offic Peter J. Russo, P.C. 5006 E. Trindle Rd, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 26 West High Street Carlisle, PA 17013 (717) 243-6222 KIMBERLY B. FOX (fka Sanseverino), IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JASON M. SANSEVERINO, Defendant CIVIL ACTION -LAW N0.2010-2225 IN CUSTODY CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe to Withdraw/Enter Appearance upon the person(s) and in the manner indicated below: US Mail addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover St. Carlisle, PA 17013 Counsel for Defendant Date: 10 I Amber L. Southard, Paralegal r. U KIMBERLY B. FOX (Formerly SA.NSEVERINO), Plaintiff IN THE COURT OF COT CUMBERLAND COUNT VS. JASON M. SANSEVERINO, Defendant PRIOR JUDGE: Albert H. Masland CIVIL ACTION - LAW NO. 2010-2225 IN CUSTODY COURT ORDER NOW, this day of 1?11&1?c- , 2010, attached Custody Conciliation Report, it is ordered and directed that August 4, 2010, is vacated and replaced with the following order: NOV 0 ZO 4ON PLEAS OF , PENNSYLVANIA 4nf !'•. Cii ° Y n considerati€ 'n 41he court's prior order of 1. The father, Jason M. Sanseverino, and the mother, Kimberly B. Fox, shall enjoy shared legal custody of Antonio J. Sanseverino, born Dec mber 19, 2001. 2. Physical custody shall be handled on a 50/50 basis as foll ws: A. The parties shall alternate custody on a week on/week off basis with exchange of custody being Friday after school unle s agreed otherwise by the parties. B. The non-custodial parent shall also have time wi h the minor child during their off week on Wednesday evenings from after s 'hool until approximately 8:00 p.m. The parties may modify this time and t, ,e day of the week as they agree. C. The parties shall work out a holiday schedule and acation schedule such that the holidays are either shared or alternated and he parties have an equal vacation schedule. In the event the parties are nable to work out such a schedule through their legal counsel, legal counsel for the parties may contact } t the custody conciliator directly to schedule a tel phone conference after which the conciliator, as appropriate, may submit a modified order to the court to address those issues. 3 In the event either party desires to modify this order at anytime in the future, that party may petition the court to have the case again scheduled with the custody conciliator for a conference. 4. The parties agree that the child shall continue in his existin school district which is Cumberland Valley. BY THE COURT, Judge Albert H. cc: --1-r abeth J. Saylor, Esquire Griffie, Esquire n(?_ i?jsrIv ?:=Kq KIMBERLY B. FOX (Formerly SANSEVERINO), Plaintiff vs. JASON M. SANSEVERINO, Defendant PRIOR JUDGE: Albert H. Masland IN THE COURT OF CO CUMBERLAND COUN NOV U 11 N10 LION PLEAS OF , PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-2225 IN CUSTODY IN ACCORDANCE WITH THE CUMBERLAND COUN Y RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submit the following report: I . The pertinent information pertaining to the child who is is as follows: Antonio J. Sanseverino, born December 19, 2001. 11 subject of this litigation 2. A Conciliation Conference was held on October 28, 010, with the following individuals in attendance: The mother, Kimberly B. Fox (f/k/a Kimberly counsel, Elizabeth J. Saylor, Esquire, and the fai with his counsel, Bradley Griffie, Esquire. 3. The parties agree to the entry of the following order in 1 Date: October , 2010 Hubert X. GZi y, Custody C ia i Sanseverino), with her Jason M. Sanseverino, form as attached. 0 OF THE PROTHONOTARY 2010 DEC 10 PM 1: 57 KIMBERLY B. FOX (fka Sanseverino?BE4 Pfd bRT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 2010-2225 Defendant IN DIVORCE PETITION TO REINSTATE APL CLAIM Petitioner, Kimberly B. Fox, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Petitioner Kimberly B. Fox, hereinafter referred to as Wife, resides at 4 Victor Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Respondent Jason M. Sanseverino, hereinafter referred to as Husband, resides at 94 Ashford Drive, Enola, Cumberland County, Pennsylvania 3. An Amended Complaint in Divorce was filed on behalf of Petitioner/Wife on or about June 11, 2010. 4. Count III of the Amended Complaint in Divorce sets forth a claim in Alimony/Support/APL. 5. On or about June 11, 2010, a Motion for Hearing was requested within a Petition for Economic Relief filed on behalf of Petitioner/Wife. 6. The APL claim was subsequently dismissed via Order dated June 22, 2010. WHEREFORE, the undersigned counsel for Petitioner/Wife respectfully requests that the aforementioned claim for APL be reinstated. Respectfully submitted, Date: ?? 6 w " Law Offic s er J. Russo, P.C. 5006 E. 164le Rd, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire I.D. No. 200139 A 4, KIMBERLY B. FOX (fka Sanseverino), : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW JASON M. SANSEVERINO, : NO. 2010-2225 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Petition to Reinstate APL Claim upon the person(s) and in the manner indicated below: US Mail addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 N. Hanover St. Carlisle, PA 17013 Counsel for Defendant Date: 10 tO Amber L. Sou ard, Paralegal KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-2225 CIVIL TERM JASON M. SANSEVERINO, IN DIVORCE --?, Defendant/Respondent PACSES CASE: 083111724 ?M M Mi -<> -< ro ;*0b CD f- - ORDER OF COURT c-a D n rv W' AND NOW, this 27th day of December 2010, upon consideration of the Petition for Alimony-fendate I e and/or counsel fees, it is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on January 24, 2011 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Elizabeth J. Saylor, Esq. Bradley L. Griffie, Esq. Date of Order: December 27, 2010 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 BY THE COURT, KIMBERLY B. FOX, Plaintiff/Petitioner VS. JASON M. SANSEVERINO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 10-2225 CIVIL TERM IN DIVORCE Defendant/Respondent : PACSES CASE: 083111724 ORDER OF COURT - RESCHEDULE A CONFERENCE =m = ?== = = , .' - C=, ,. ; N) , . CZ ; AND NOW, this 4th day of Januaryr, 2011, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on February 8, 2011 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. This date replaces the prior conference date of January 24, 2011. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you (6) IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Date of Order: December 30, 2010 Copies mailed to: Petitioner Respondent Bradley L. Griffie, Esq. Elizabeth J. Saylor, Esq. YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 T %? TT TT? ? T 1T1 T KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ' r-: NO. 10-2225 CIVIL TERM M ; JASON M. SANSEVERINO, IN DIVORCE -- Defendant/Respondent PACSES CASE: 083111724 " ORDER OF COURT s ,, v .0 or -4 0". AND NOW to wit, this 8th d ay of February, 2011, it is hereby Ordered that the Petition for reinstatement of Alimony Pendente Lite is dismissed, without prejudice, pursuant to the parties' incomes, an obligation for child support under PACSES #200111663, and the Pennsylvania State Guideline with the parties sharing a 50150 custody arrangement. This Order considers that the capital gain income is not a true and ongoing source of income for the Respondent for the purpose of Alimony Pendente Lite. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: J esley Oler, J W, J. DRO: R.J. Shadday xc: Petitioner Respondent Bradley L. Griffie, Esq. Elizabeth J. Saylor, Esq. Form OE-001 Service Type: M Worker: 21005 .U r M T --i =-n rrl r j LAW OFFICES OF PETER J. RUSSO, P.C. C-i BY: Elizabeth J. Saylor, Esquire -77 r-? PA Supreme Court ID: 200139 ' , 5006 E. Trindle Road, Suite 100 r.o Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com Attorneys for Plaintiff KIMBERLY B. FOX, f/k/a KIMBERLY : IN THE COURT OF COMMON PLEAS OF B. SANSEVERINO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. JASON M. SANSEVERINO, Defendant/Respondent : CIVIL ACTION - LAW : NO. 10-2225 CIVIL TERM : IN DIVORCE PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF Petitioner, Kimberly B. Fox, formerly known as Kimberly B. Sanseverino, by and through her counsel, The Law Offices of Peter J. Russo, P.C., states the following: 1. Kimberly B. Fox, hereinafter Wife, currently resides at 4 Victor Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Jason M. Sanseverino, hereinafter Husband, currently resides at 94 Ashford Drive, Enola, Cumberland County, Pennsylvania. 3. The parties were married on June 10, 2000. 5. The parties separated on January 20, 2010. 6. During the course of their marriage a Simplified Employee Pension Plan was started with MorganStanley SmithBarney (hereinafter "SEP"). 7. Husband has alleged through counsel in a letter dated January 31, 2011 that the SEP combined value around the time of the parties' separation was approximately $66,000.00. 8. Husband has alleged through counsel in a letter dated January 31, 2011 that the SEP's current balance is about $32,500.00. 9. Husband has indicated through counsel in a letter dated January 19, 2011, that Husband will essentially extinguish the SEP account to pay his 2010 personal taxes. 10. Specifically, Husband's counsel writes, "...and more importantly, whatever he ultimately needs to pay on his 2010 personal taxes, essentially extinguishes the SEP value." 11. Husband unilaterally drained the parties' joint accounts upon separation. 12. It is believed and thus averred that Husband withdrew approximately $3,800.00 from the joint accounts. 13. The SEP is the only remaining liquid marital asset. 14. Husband should not be permitted to deplete the SEP, especially for his personal obligation. 15. As of Tuesday, February 9, 2011, Husband had not filed his 2010 income tax returns having represented that he did not have all information needed, but may gain said information in the immediate future. 16. Section 3502(f) of the Divorce Code states, "[T]he court, upon request of either party, may at any stage of the proceeding enter an order providing for an interim partial distribution of marital property." 17. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party...,, 18. Wife respectfully request that at least $18,150.00 (16,250.00 +1900.00) of said funds be rolled over into a retirement account in Wife's sole name for safe keeping. 19. Wife respectfully request that the Court immediately Order that no SEP funds be removed, transferred or distributed in the interim of this filing and further Order of Court. 20. A message was left for Husband's counsel on February 14, 2011, indicating that if no response was received prior to noon on February 15, 2011, that the undersigned would assume his non-concurrence and file the petition given its emergency nature. No response was received by noon on February 15, 2011 and thus it is assumed that opposing counsel does not concur. 21. Judge J. Wesley Oler, Jr. has entered all related Orders. WHEREFORE, Plaintiff Kimberly B. Fox requests this Honorable Court Order that no SEP funds be removed, transferred, or distributed until further Order of Court and that Husband shall roll over $18,150.00 from the SEP account(s) into a retirement account of Wife's choosing within 20 day. Respectfully submitt , ID # 72897 k?ID # 200139 5006 E. Trindle Road, Suite 100 Date: Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 The La G,. ices of Peter J. Russo, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire Elizabeth J. Saylor, Esquire Y i VERIFICATION I, Kimberly B. Fox, verify that the statements made in the forgoing document are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: O,?' / a O//% Cl J? mberly B. FANV CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Plaintiff s Emergency Petition for Special Relief upon the person(s) and in the manner indicated below: Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Bradley L. Griffie Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 lkwz Ashley R. alcolm, Paralegal Date: 2011 FEB 28 PM 1: 2r,' c1 K B E R L A N D Gr Uil SV e KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE Prior Judge: The Honorable Albert H. Masland MOTION FOR APPOINTMENT OF MASTER JASON M. SANSEVERINO (Plainfiff) (Defendant), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite and in support of the motion states: (X) Distribution of Property ()Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The plaintiff (has) (has-met) appeared in the action (pefsena4y) (by her attorney, Elizabeth Saylor, Esquire). (3) The Statutory ground(s) for divorce (is) (are) §3301(c). (3) Delete the inapplicable paragraph(s): a. The aefien is not eeatested-. b. - c. The action is contested with respect to the following claims: All of the above except divorce. (4) (5) (7) Date: The action (iiwelves) (does not involve) complex issues of law or fact. The hearing is expected to take one (ls) (days). Additional information, if any, relevant to the motion: y ORDER APPOINTING MASTER AND NOW, , 2C , _ appointed master with respect to the following claims: Esquire is By the Court: J. i=rUD-O 1=iC 2011 FEB 2B Pi 1: 201 CUMBERLAND is ?_' 1 ? p f i . E Et.lk1C?f Lt`a'1 f a`. 44" KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE Prior Judge: The Honorable Albert H. Masland MOTION FOR APPOINTMENT OF MASTER JASON M. SANSEVERINO (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (X) Divorce () Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property ()Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The plaintiff (has) (leas-met) appeared in the action (personally) (by her attorney, Elizabeth Saylor, Esquire). (3) The Statutory ground(s) for divorce (is) (are) 3301(c). (3) Delete the inapplicable paragraph(s): a. The aetien is net eentested-. b. An ageement has been r-eaehed with r-espeet to the following . C. The action is contested with respect to the following claims: All of the above except divorce. (4) The action (involves) (does not involve) complex issues of law or fact. (5) (7) Date: The hearing is expected to take one (lows) (days). Additional information, if any, relevant to the motion: I, A ORDER APPOINTING MASTER AND NOW, InAA-,O- r , 20 It , ? f 16-" d;c? -2r Esquire is appointed master with respect to the following claims: d. &AdfaLe By the Court: vq?A?. "o //*. J. 50ylor d Bradley L. ?. _._ ma.l'-d 3411 e ? ;` ? ? KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE ANSWER TO PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF 1. Admitted. i 2. Admitted . ?eT' 3. Admitted - . f 4. Admitted. - ; ;; 0 5. Admitted. 6. Admitted. 7. Denied as stated. It is denied that Husband alleged through counsel in a letter dated January 31, 2011 that the SEP combined value around the time of the parties' separation was $66,000.00, as no total figure was given in that correspondence. It is averred, however, that the balance in the accounts were $64,555.75 as of the end of January 2010. 8. Admitted. 9. Denied as stated. The specific averments set forth in paragraph 9 are denied as stated. It is averred, rather, that because the parties were obligated to withdraw a substantial amount from the SEP account to pay their 2009 income taxes, and those funds, which were withdrawn in 2010, created even greater tax consequences for which the parties will be obligated, Husband's counsel indicated, through correspondence of January 19, 2011, that the individual tax consequences for the 2010 income tax year would extinguish the "SEP value", thus, suggesting there would either be the use of these funds or there would be an offset for the tax consequences equivalent to the SEP value. 10. Admitted. 11. Denied. It is denied Husband unilaterally drained the parties' joint accounts before separation. 12. Denied. While Wife, the Petitioner herein, may believe anything, her averment or suggestion Husband withdrew $3,800.00 from the joint accounts is without basis and untrue. It is further averred that the parties' personal checking account that they were using to pay their bills was overdrawn at the time of separation due to both parties' use of those funds. 13. Denied as stated. While the SEP account is the principle financial asset in the marriage at this time, it is not a liquid asset in that it is only available through substantial tax penalty. It is further averred that the largest and, realistically, the only other marital asset is the marital home, where Wife continues to reside without paying the Mortgage in circumstances where the home is being foreclosed upon, thereby having Wife dissipate the primary marital asset of the marriage. 14. Admitted in part and denied in part. It is admitted that Husband should not be able to deplete the SEP for his personal obligations. It is averred, however, that dependent upon the tax consequences for the 2010 personal income tax year, the use of the SEP funds may be the only available resource to pay the taxes. 15. Admitted. 16. Admitted. It is averred that the Sections of the Divorce Code speak for themselves. 17. Admitted. It is averred that the Sections of the Divorce Code speak for themselves. 18. Denied. While it is admitted that Wife may request anything she wants, it is denied that there is any reason whatsoever to remove funds from Husband's SEP account and give credit to Wife for additional funds that she falsely claims Husband removed in this interim property distribution, particularly under circumstances where Wife refuses to negotiate in good faith to resolve the divorce case in its entirety. It is further averred that Husband has filed a Motion for Appointment of Master to have this case resolved and stop wasting the parties' limited resources on irrelevant preliminary matters. 19. Admitted in part and denied in part. It is admitted that Wife has requested what she has requested. It is denied that the request she has made is reasonable or necessary. 20. Admitted. It is admitted that a telephone message was received at the end of the day on February 14`h from a staff member of Wife's legal counsel in this regard, which was the first contact of any nature whatsoever relative to the issues set forth in this Petition for "Emergency" Relief. It is further admitted that Husband's counsel was unable to speak with Husband regarding this matter prior to noon on February 151h 21. Admitted. WHEREFORE, Defendant, Respondent and Husband request your Honorable Court to dismiss the Petition for Special Relief. Respectfully submitted, nn spondent Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the_ enalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authoritie DATE: I J,. SO M. SANSE RINO KIMBERLY B. SANSEVERINO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JASON M. SANSEVERINO, Defendant NO. 10-2225 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 4th day of March, 2011, upon consideration of Plaintiff's Petition for Special Relief, and pursuant to an agreement reached in open court among the parties and their respective counsel following a short hearing, it is ordered and directed as follows: 1. That neither party shall remove any additional funds from their retirement accounts that existed at the time of their separation, including, but not limited to, the Simplified Employee Pension Plan with Morgan Stanley Smith Barney held in husband's name, which has an approximate balance of $32,000 at this time. 2. It is further ordered and directed that neither party shall dissipate, sell, transfer or otherwise alienate any tangible personal property in their possession from the time of the entry of this order forward. 3. This order may be modified by the mutual written agreement of the parties or by further Order of Court. By the Court, Elizabeth J. Saylor, Esquire 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 MQ* For Plaintiff ieso /Bradley L. Griffie, Esquire 3(??l 200 North Hanover Street D? Carlisle, PA 17013 For Defendant mae THE r f 100TA LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff KIMBERLY B. FOX (fka Sanseverino), Plaintiff V. JASON M. SANSEVERINO, Defendant 4 L.i 1 i} c:?. J t l tj J CLI tBER1_,AIND ACOUNI Y : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2225 IN DIVORCE PLAINTIFF'S MOTION TO COMPEL The Plaintiff, Kimberly B. Fox (fka Sanseverino), by her attorney, the Law Offices of Peter J. Russo, P.C., files this Motion to Compel and in support thereof represents that: 1. On February 15, 2011, Plaintiff's counsel sent out First Set of Interrogatories and Production of Documents. A true and correct of the February 15, 2011 Certificate of Service and green card showing proof of delivery is attached hereto and incorporated herein as Exhibit A. 2. On March 3, 2011, Defendant's counsel filed a Motion for Appointment of Master. A true and correct copy of the March 3, 2011 letter is attached hereto and is incorporated here in as Exhibit B. 3. On March 8, 2011, Defendant's counsel acknowledged the receipt of discovery in a letter. Documents requested in the nature of a Request for Production of Documents described in these Interrogatories are available to the Plaintiff for copying at the office of legal counsel for Defendant, at 200 North Hanover Street, Carlisle, Pennsylvania, where Plaintiff or Plaintiff's legal counsel will be provided reasonable opportunity to examine, inspect and obtain copies of said documents." Please see Exhibit G attached hereto and incorporated herein. 10. Defendant does not fully answer multiple questions set forth in the interrogatories. 11. The Honorable Judge J. Wesley Oler, Jr. has previously entered orders in regards to the above captioned matter. 12. Opposing Counsel does not concur with this motion. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order compelling Defendant to deliver to 5006 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050 the following information within twenty (20) days of the date of this Order: full answers to all questions presented and information requested in and a copy of all documentation responsive to Plaintiff's discovery requests. Respectfully submitted, LAW F CES F l TER J. R SSO, P.C. ??41 tl Peter J. Rusid, Esquire Attorney I.D. No. 72897 kElizabeth J. Saylor, Esquire Attorney I.D. No. 200139 Attorneys for Plaintiff 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 EXHIBIT A h 4 i • Qomp W HM 1, 2, and & Also Ddvery Is desired. • Pdint your name and address on the revere so that we can mtum the card to you. ¦ Attach this card to the back of the mdplece, or on the front N space permits. 1. Ardele Addmeeed to. o mmvc-,, RwriAr S1- C`s nj%\ e P f:: Oo 13 O. Isdeuw yaddmdM, ti N YES, erdwddbery &Mme Md 0 epw Mm 0 Mau 0 ReMpt for Meretwrrd u komw C.O.D. 4. ReWkW WkW f *V Fee) E3 Yes 2. /Wcle Number r,romswviwraeeq 7010 1060 0001 3297 0184 Ps Form 3811, February 2004 Donna a Return RMW r E?IBIT B V.7 THE PR0T1-j0?j0T;o,4p-,, 2011 FEB 28 Phi 1:20 CUMBERLA110 pt;H PENNSYLVANIA; KIMBERLY B. FOX, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CI MBP.RIAAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JASON M. SANSEVERINO, : NO. 10-2225 CIVIL TERM Defendant : IN DIVORCE Prior Judge: The Honorable Albert H. Masland LOTION FOR APrO2M= OF MASTER JASON M. SANSEVERINO &Ww" (Defendant), moves the couch to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property O Annulment O Support (X) Alimony (J) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is (2) The plaintiff (has) (heS-net) appeared in the action (persenny) (by her attorney, Elizabeth Saylor, Es9ttine). (3) The Statutory ground(s) for divorce (is) (am).13341(9). (3) Delete the inapplicable paragraph(s): a. 4be owes is b. Am-aase?anbe?-r.witt,.-.?:,.t-ti.tti.. C. The action is contested with respect to the following claims: All of the above exgo divot. (4) The action rmwelves) (does not involve) complex in= of law or fact. (5) The healing is expected to take one (hems) (days). (7) Additional information, if any, relevant to the motion: Date: ORD APP_O_IN M MASTER AND NOW, ` A"X / , 20 // f. .- Esquire is appointed master with respect to the fbDowipS dsims: By the Court: IS/ X-Aeftx. Q • 9YALO e J. TRUE COPY FROM RECORD (n Tiswny %*mm , I hm wno aw nrr #WW and w aad of $am c" at , Pa, TNB-Q....a.?r of 20 J.L EXHIBIT C 9PJFFIE & ASSOCIATES Attorneys and Cotutselors at Lary 200 Nortb 11aaorer streel Bradley L. Griffle, Esquire C( Carlisle, 24t Carlisle, I&3d.SS17013 Hannah Herman-Snyder, Dqufre loo Lweeta Way Eas4 smile Q Robin I Bantu Chemberd . PA 17201 otrioe Manager 017) 267--1350 Kelly L Pere =0) 3477.US Least AssisM March 8, 2011 Far 1717) 243.500 Reply to: Carlisle Elizabeth J. Saylor, Esquire 5006 East Trindie Road Suite 100 Mechanicsburg, PA 17050 RE: Fox vs. Sanseverino Dear Liz: This will confirm our discussion on Friday relative to the discovery requests. Mr. Sanseverino has given me a volume of documents that I have in my office. As we agreed, I will simply have my staff copy. -them • and make this stack of documents available to you. The next time you are going io be in Carlisle, you or your staff can make contact with my staff to confirm that the documents are ready for you to pick up. Then, you can have them simply by stopping by. We will not be putting a formal Answer together for your discovery. In other words, we am not going to attach a verification or attach your formal discovery request with typed answers under each section and so on. We are getting these documents to you as quickly as we can. BI.G/qb Cc: Jason M. Sanseverino .•Ve truly yours, -Griffie EXHIBIT D LAW OFFICES OF PETER J.RUSSOrc. PETER 1. Russo. ES(WiRE ATTORNEYS AT LAW ELIZABETH J. SAYLOR. ESgy1RE ASHLEY R. SIPE. PARALEGAL AMBER _L SOUTHARD. PARALEGAL Tuesdays March 15, 2011 Bradley L. Griffis, Esquire Griffis & Associates 200 North Hanover Street Carlisle, PA 17013 RE: Saaseverino vs. Fox Dear Brad, I am in receipt of your March 8, 2011 letter and respond as follows: 1) I do not agree to waive formal responses and/or a signed verltication, and 2) Being that the discovery responses are due by Thursday, March 17, 2011, I have no need to be in Carlisle In the near future, and you have filed to go before the Master, I will need the entire response timely delivered to my office on or before the close of business of 71tursday, March 17, 2011. To be clear, I do expect that I will receive full responses in a timely manner in complete compliance with the rules of procedure. Very truly yours, &?- _ - ICS m Elizabeth J. Saylor, Esquire EJS/arm cc: L Fox 5006 EAST TRINDLE ROAD. SUITE 100. MECHANICSBURG. PA 17050 PHONE: (717) S91-17SS FAX: (7171 S91-1756 EXHIBIT E Mar 18 11 03:15p (7171 261-1408 RI T nE & Ass o IATES p.2 Attorneys and Counselors at Law Bradley L. Griffie, Esquire Hannah Herman-Snyder, Ebquim Robin J. Bassett Orrice Manager Kelly L Pere: Legal Assistant Reply to. Carlisle Elizabeth J. Saylor, Esquire 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 March 18.2011 RE: Fox vs. Sanseverino Dear Ms. Saylor: 200 North Hanover Street Carlisle, PA 17013 (717) 743-3331 100 Lincoln Way Host, suite 1) Chambershurg. PA 1701 (717) 267-1330 (300) 347.5332 Fax(7171243.5063 You may file whatever document you want to file. We believe any such filing is unnecessary and a waste of time and money. If you feel the need to file a Motion to Compel on Monday morning, the first day that you can file it after the 30 days from service of your formal discovery has lapsed, file away. Unfortunately, that appears to be what Ms. Fox' side of this case does best ... prepare and file documents. Mr. Sanseverino and I have never denied or refused providing documentation that has been requested. I remind you that there was never an informal request for documentation or it would have been provided informally. Now that the formal request has been made, as 1 advised you, Mr. Sanseverino provided me with about eight inches of documentation. As we agreed, it was made available to you informally for you to secure several weeks ago. Instead, you determined that a formal Answer was necessary (more wasted time and money). We have prepared a formal Answer to both the Request for Production of Documents and the Interrogatories and they are enclosed. I remind you that we are not required to go to great and unnecessary expense to provided documentation, particularly documentation most of which is just as accessible to your client, and when the request would be objectionable. The documents are available for copying at a charge of 25 cents per page when you or your staff are available to come copy them. Please make arrangements in advance. Mar 18 11 03:15p BLG/db Enclosure Cc: Jason M. Sanseverino (717) 261-1408 p.3 Griffie Via facsimile (w/o enclosure) EXHIBIT F _k1 1 :t W Request for Production of Documents 1 through 23: Documents requested in the foregoing Request for Production of Documents are available to the Plaintiff for copying at the office of legal counsel for Defendant, at 2 00 North Hanover Street, Carlisle, Pennsylvania, where Plaintiff or Plaintiffs legal counsel will be provided reasonable opportunity to examine, inspect and obtain copies of said documents. C,4,.0 EXHIBIT G . DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT - FIRUSET Interrogatories 1 through 32: Documents requested in the nature of a Request for Production of Documents described in these Interrogatories are available to the Plaintiff for copying at the office of legal counsel for Defendant, at 200 North Hanover Street, Carlisle, Pennsylvania, where Plaintiff or Plaintiff's legal counsel will be provided reasonable opportunity to examine, inspect and obtain copies of said documents. KIMBERLY B. FOX (fka Sanseverino), Plaintiff V. JASON M. SANSEVERINO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 2010-2225 IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing Motion to Compel upon the Attorney for Defendant by mailing same by first class mail, postage prepaid, addressed as follows: Bradley L. Griffie, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 < 11 Ki erly M. egal Secr ry DATE: Ias 1a( OF *?ffl-?,OFFICE ROTROHOTAoy- 2Q! i MAR 30 PM 120 4 6 CUMBERLAND COUNTY PENNSYLVANIA KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL 1. Admitted. 2. Admitted. 3. Admitted in part. Denied in part. It is admitted that a copy of correspondence dated March 8, 2011 from counsel for the Defendant to counsel for the Plaintiff is attached as Exhibit "C" to the Plaintiff's Motion to Compel. It is further averred that the correspondence speaks for itself. It is further averred that the letter of March 8, 2011 was a result of the agreement between counsel, based on the fact that no prior requests for informal discovery were ever initiated by Plaintiff or her counsel, for Defendant, through counsel, to simply exchange the documentation informally, rather than waste time and expense with formal discovery. 4. Admitted. It is further averred that the correspondence of March 15, 2011 from counsel for Plaintiff was a rescinding of her prior agreement to exchange documentation informally, which was and is appropriate in this case, and which response and rescinding of the prior agreement between counsel, created time delay in Defendant's ability to answer the formal discovery requests in the time demanded by counsel for Plaintiff. 5. Admitted in part. Denied in part. It is admitted that the March 18, 2011 letter that is attached as Exhibit "E," which is correspondence between counsel in the case, included the sentence quoted by Plaintiffs counsel in paragraph number five (5) of the Petition to Compel. It is further averred that the responses provided with the correspondence of March 18, 2011 included the explanation that the documents were available at Defendant's counsel's office for copying as is permitted and authorized under the Pennsylvania Rules of Civil Procedure. 6. Admitted. 7. Admitted. It is further averred that the Pennsylvania Rules of Civil Procedure specifically provide for the right of the Defendant to provide the requesting party with reasonable opportunity to examine, inspect, and obtain copies of documents and, therefore, the Answers provided are accurate, appropriate, and in full compliance of the Pennsylvania Rules of Civil Procedure. 8. Admitted in part. Denied in part. It is admitted that in partial response to each of the thirty-two (32) Interrogatories that were presented to Defendant (which, with sub parts, violated local Rules of Civil Procedure), Defendant responded with the reference "see attached." It is further averred that each of the thirty-two Interrogatories were specifically answered by Defendant and that Plaintiff has attempted to mislead the court by suggesting the only Answer provided by Defendant was "see attached." It is further averred that a copy of the Answers to Interrogatories are attached hereto and incorporated herein by reference as Exhibit "A" to illustrate the failure of the Plaintiff and her counsel to provide accurate and complete statements to the court in their Motion to Compel. 9. Admitted. It is admitted that the statement quoted and attached as Exhibit "G" was, in fact, attached to the Answers to Interrogatories. It is further averred, however, that Plaintiff has failed to advise the court that Defendant also specifically answered each and every of the thirty-two Interrogatories presented, said Answers being attached hereto and incorporated herein by reference as Exhibit "A." 10. Denied. It is denied that Defendant did not fully answer multiple questions set forth in the Interrogatories. More specifically, it is averred that if Plaintiff believes that an Answer to an Interrogatory is not fully answered, it is incumbent upon them to set forth Plaintiff's position as to what Interrogatories were not completely answered so that Defendant has the opportunity to address those requests if, in fact, Plaintiffs desire is to secure information to advance the divorce case and not simply to create hardship for Defendant and a waste of time and expense for both parties. It is further averred that Plaintiff has no knowledge of any nature as to whether Defendant has fully answered the multiple questions in the Interrogatories, or in the Request for Production of Documents, in that Plaintiff has failed and refused to examine and inspect the nearly 2,000 (two thousand) pages of documents that have been made available to Plaintiff for that purpose and, therefore, the Motion to Compel is premature, at best. It is further averred that Plaintiff has failed to review the requested documents at Defendant's counsel's office even when Defendant and her counsel have been l lh blocks from the office while attending a support conference at the Domestic Relations Office on March 29, 2011. 11. Admitted. 12. Admitted. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintiffs request and direct Plaintiff to secure copies of all the voluminous documentation provided by Defendant at his counsel's office for purposes of examining, inspecting, and obtaining copies of said documents, if Plaintiff so desires to have copies of said documents. Respectfully Submitted, Veyfo f e, Esquire tto fen dant Attorney ID#34349 GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ) I LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com Attorneys for Plaintiff KIMBERLY B. FOX, f/k/a KIMBERLY : IN THE COURT OF COMMON PLEAS OF B. SANSEVERINO, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW JASON M. SANSEVERINO, : NO. 10-2225 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT - FIRST SET PLEASE TAKE NOTICE that Plaintiff is hereby required, pursuant to the Pennsylvania Rules of Civil Procedure, to serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. These Interrogatories shall be deemed continuing. If between the time of your Answers and the time of trial of this case, you or anyone acting on your behalf, learn of any further information not contained in your Answers, you shall promptly furnish this information to the undersigned by Supplemental Answers. DEFINITIONS Unless negated by the context of the Interrogatory, the following definitions are to be considered to be applicable to all Interrogatories contained herein: A. "Document(s)" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however produce or re oduced r The term documents includes, without EXHIBIT 11 1 -A limitation, correspondence, memoranda, interoffice communication, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, and all other such documents tangible or retrievable of any kind. Documents also include any preliminary notes and drafts of all of the foregoing, in whatever form, for example: printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon blueprints, magnetic tape, microfilm, film, motion picture film, phonographs records, or other form. B. With. respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: (1) to describe the document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; (2) to describe it in a manner suitable for use as a description in a subpoena; and (3) to give the name, address, position or title of the custodian of the document and/or copies thereof. C. "Identify" when used in reference to an individual means to set forth such individuals: (1) full name; (2) present residence address or last known residence; (3) present or last known business address; (4) present employer or last known employer; and (5) whether ever employed by any party to this action and, if so, the dates he (she) was employed by such party, the name of such party, and the last position held as an employee of such party. D. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive, it should be given separately for each and every element sought. E. Whenever a date, amount or other computation or figure is requested, the exact date, amount of other computation or figure is to be given unless it is not known; and then the approximate date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount or other computation or figure is an estimate or approximation. F. No answer is to be left blank. If the answer to a Interrogatory or subparagraph of a interrogatory is "none" or "unknown," such statement must be written in the answer. If an answer is omitted because of the claim of privilege, the basis of the privilege is to be stated. G. At all times Defendant shall refer to Plaintiff as "Kimberly B. Fox"; and "you" shall mean the party to whom these Interrogatories are addressed. INTERROGATORIES 1. For each employment which you currently hold or have held in the past, state whether you participate, or have a right to participate, or have in the past participated, in any of the following employment related benefits: a. Defined benefit retirement plan; b. Defined contribution retirement plan; c. Any other type of employee pension plan; e. Savings or thrift plan; f. 401(k) or similar plan; and/or g. Any other employment related benefit not disclosed in your answers to these Interrogatories. ANSWER: See Attached 2. For each pension, retirement plan, or other qualified or nonqualified deferred compensation arrangement in which you currently have or have had any interest (as identified above in Question (6), state the name or description of the plan, the name and address of the plan administrator, whether the plan is a defined benefit or defined contribution plan, the total amount of your contribution to the fund to date, the total amount of employer contributions to date, the value of said plan currently, and the value of said plan as of both JUNE 10, 2000 and JANUARY 20, 2010. ANSWER: See Attached 3. Other than those which arise out of your employment, do you have any interest in any retirement, investment or pension plan, including a Keogh plan or an IRA? If so, please identify the plan, the date of commencement of your interest in that plan, the current value of said plan, the value of said plan as of both JUNE 10, 2000 and JANUARY 20, 2010, and the address of the administrator of said plan. ANSWER: See Attached 4. Do you have any other retirement benefits of any sort, other than those described in your answers to preceding Interrogatories, including Social Security or other government benefits? If so, describe in detail such benefits, including current value and how calculated; projected value at retirement and how calculated and the nature or type. ANSWER: See Attached 5. Have you ever borrowed against or removed monies from those accounts listed above in Questions (1), (2), (3) and (4) from 2008 forward? If so, please identify amount removed, whether the transaction was a loan or disbursement, date of such transaction and a detailed accounting of where the monies went. ANSWER: See Attached 6. Do you or an company in which you have a business interest own the home in which you now live? If so, state a. with whom you live; b. who has the title to the home in which you now live; c. when the property was purchased; d. what the purchase price was; e. by whom it was paid and what the source of the funds used were; f. if there is a mortgage on the property, and, if so, state: (i). the name and address of the mortgagee; (ii.) the amount of the original mortgage; (iii.) the amount of the current mortgage balance; (iv.) the monthly mortgage payments; (v.) what the current market value is of the home in which you live; and (vi.) if an appraisal has been done in the past five (5) years. ANSWER. See Attached 7. Do you pay rent for your present living quarters? If.so, the name and address of your landlord and the amount of rent you pay per month. . ANSWER: See Attached 8. Do you own or did you own on or about JANUARY 20, 2010, either individually or jointly with/through another individual or entity any interest, security interest, or mortgage in any real estate? If so, state: a. the full address and location of the real estate; b. when the real estate was acquired; c. from whom the real estate was acquired; d. the amount paid for the real estate; e. the current fair market value of each such parcel; f. the names of the legal owner or owners of each said parcel; g. the relative equity of each owner in said parcel; h. the name and address of the mortgagee, if any; L the name and address of the mortgagor; j. identify all documents relating to the mortgage; k. the amount of the original mortgage obligation; 1. the unpaid principal balance of any mortgage as of JANUARY 20, 2010 and currently; m. the unpaid accrued interest, stated separately, on any mortgage upon each such parcel as of JANUARY 20, 2010 and currently; n. the date on which the mortgage was executed the date on which and the office in which the mortgage was recorded o. the nature and extent of your interest in the real estate, including joint, reversionary, remainder, leasehold, contingent or beneficial interest; p. the name, address and telephone number of any joint owner; q. the date you acquired your interest; r. the amount and source of funds which you paid to acquire such interest (including statements, passbooks, check registers, etc.); if an interest is held in trust for you, identify the trustor, and trustee; and s. the identity of all documents which relate to your interest in the real estate ANSWER: See Attached 9. Have you, or has anyone on your behalf, conveyed or transferred any interest in any real estate you had personally or through a business interest to anyone within the last 5 years? If so, as to each conveyance or transfer state the description of the real estate; the interest which you conveyed or transferred; the identity of the person to whom you conveyed or transferred that interest; the consideration which you received; the reason for the conveyance or transfer; and the fair market value of your interest in the property at the time of its conveyance or transfer by you. ANSWER: See Attached 10. For each employment which you have held since January 1, 2009, state the name and address of employer; the date of commencement of employment; the name, and title of your immediate supervisor; and your job title and description of duties. If you are self- employed, identify the name and address of your business, the date you became self- employed, and the nature of your business. ANSWER. See Attached 11. With regard to each employment which you have held since January 1, 2009, state your total annual compensation for 2008, 2009 and 2010, including salary, commissions, bonuses, allowances, expenses or any other sums of money paid or to be paid to you. You may answer this Interrogatory by attaching documents, such as pay stubs, which set forth the information requested. ANSWER; See Attached 12. If you now have, or have you ever had since JUNE 10, 2000, any ownership or other interest in any business enterprise, including but not limited to a partnership, joint venture, sole proprietorship, or other, please state: a. the name of the business; b. address of principal place of business or general office; c. address of each place at which the business is conducted; See Attached d. type of business; e. form of business organization; f. date business commenced; g. date you acquired your interest in the business; h. percentage of your ownership in the business; L present value of your interest in the business; j. the basis upon which this value is computed; k. annual gross receipts in the business from JUNE 10, 2000; 1. address where financial records of the business are located; and m. address where all business accounts and documents are kept. ANSWER: See Attached 13. Does any business described in the previous Interrogatories owe you any money, whether resulting from loan, undistributed profit, dividend, or other form of credit, to which you are now entitled or will be entitled in the future? If so, describe each such transaction, including date and nature of transaction; reason for such transaction; and, terms and conditions of transaction, including date on which money or thing of value was or will be due and owing to you. ANSWER: See Attached 14. If you have a present interest in a partnership, state name and address of each partner; whether you are a general or limited partner; your percentage interest; whether there is a written partnership agreement and, if so, the present location of a copy of such agreement; describe the terms of the partnership agreement or, if you will do so without a motion to produce, attach a copy of the partnership agreement to these Interrogatories; date you acquired your interest in the business and the basis upon which this value is computed. ANSWER: See Attached 14. As to any partnership or sole proprietorship described in these Interrogatories, state with respect to the tax years 2007, 2008, 2009 & 2010 gross income; adjusted gross income; describe in,detail and state the amount of any claimed deductions from gross income; describe in detail and state the amount of all allowed deductions from gross income. Attach copies of the aforesaid tax returns for said years to your answer to these Interrogatories. ANSWER: See Attached 15. Have you sold, withdrawn or otherwise terminated your interest in any business since JUNE 10, 2000? If so, for each such business, state: name and type of business; whether the business is still in existence; address of business; date of termination of your interest; reason for termination of your interest; amount of money you received in termination of your interest, and state the present unpaid balance of such amount, if any; and the value of and nature of any other property or benefit you received as a result of the termination of your interest. ANSWER: See Attached 16. Are you receiving or have you received any income or compensation from any source not previously stated? If so, please state the name and address of source of that income, the amount received and the payment schedule of that income. ANSWER: See Attached 17. Have you at anytime since JUNE 10, 2000 prepared or had prepared, a statement of your assets, liabilities and net worth or other financial statement? If so, for each statement, state the date of the statement; period covered by statement; purpose for which it was prepared; name and address of each person who prepared or assisted in the preparation for the statement; name and address of each person or business to whom the statement was issued or submitted; and present location of the statement or copies thereof. ANSWER: See Attached 18. List all accounts which you have had in a savings or commercial banking institution, either in your name solely or jointly with others and for each account; state the name of bank or financial institution; type of account; names on the account and amount of the current balance, if any, or the amount of the last balance before the account was closed, the date of closing, the account balance at the time of closing and what was done with the contents of the account. ANSWER: See Attached 19. Since JUNE 10, 2000, have there been accounts at a savings or commercial banking institution on which your name did not appear but in which you deposited and/or withdrew any funds? If so, for each account, state name and address of institution; each name under which the account stood; the account number; and the approximate date and amount of each deposit and withdrawal made by you and the reason for such. ANSWER: See Attached 20. Do you own, or did you own as of JANUARY 20, 2010 any stocks, bonds, savings, bonds, security, debenture or other interest in any government, governmental organization, company, form or business? If so, state the name and address of the entity in which the securities are held; the present fair market value of your interest in each such asset and the basis of computation of your answer; and if you hold or held your stock, shares, securities, etc. jointly with any other person(s), the name, address and relationship to you, if any, of your co-owners, and whether you currently own this asset. ANSWER; See Attached 21. Do you own or have any interest in, or did you own or have any interest in as of JANUARY 20, 2010, any certificate of deposit, treasury note or certificate or other form of money market fund? If so, state the name or type and identifying serial or other number; date of acquisition; face amount; value as of both JUNE 10, 2000 and JANUARY 20, 2010, and current value. ANSWER. See Attached 22. Do you now or have you at any time since the date of the marriage maintained or had access to a safe deposit box? If so, for each, state the location of box (including box number, name of institution and street address); date you obtained the box or first had access to it; and itemization of contents of the box on JANUARY 20, 2010; and current locations of these contents if they have been moved. ANSWER. See attached 23. Do you, or did you as of JANUARY 20, 2010, own or share an interest in any airplanes, boats, automobiles, trailers, motorcycles or other vehicles used for transportation or recreation, either individually or jointly with another person or entity? If so, for each, state the: type of vehicle including year, make and model; date of acquisition by you; location and current custodian of the vehicle; purchase price or fair market value at time of acquisition; name, address and relationship, if any, of any person sharing an ownership interest with you; current condition of the vehicle; fair market value and the basis of your answer; the current amount of any lien or encumbrance; and the amount of the encumbrance as of JANUARY 20, 2010. ANSWER. See Attached 24. List all insurance policies in which you currently have or had as of JANUARY 20, 2010 any interest as owner, insured, or beneficiary and as to each insurance policy state the name and address of insurance company; type of policy and identifying number; face value and cash surrender value. ANSWER. See attached 25. Are there any unsatisfied judgments of record in your favor in any action or have any judgments been assigned to you by anyone? If so, for each please state: the identity of the judgment debtor; the identity of the suit, action or legal proceedings relating to the judgment, including the caption, the court in which it is filed, and the court term and number; the identity of the assignor, if any; the nature of the judgment; and the status of the judgment and any execution proceedings. ANSWER: See Attached 26. Do you hold any security interest in or lien on personal property? If so, as to each such security interest or lien, state: the description of the personal property, including the identity of present owner; the nature and amount of the security interest or lien, including the identification of any court action involved; the date when you acquired the security interest or lien; the obligation secured by such security interest or lien; and the identity of any documents which relate to the security interest or lien. ANSWER: See Attached 27. Are you the beneficiary of any trust? If so, identify the name, address and telephone number of the trustee, the duration of the trust and your interest therein, the amount of income you receive from the trust annually, the amount of principal to which you are entitled upon distribution, the date of distribution, and the identity of all documents relating to the creation of the trust. ANSWER: See Attached 28. Have you, or are you planning to receive any money, or interest in real or personal property under any will or inheritance, or have you been notified of any interest in any decedent's estate since JUNE 10, 2000? If so, identify the decedent, the executor or administrator, the nature and value of your bequest, devise, legacy or distributive share, and the date of distribution or expected distribution. ANSWER: See Attached 29. Do you own or have an interest in any other assets or personal property not already disclosed, including but not limited to guns, snow blower, lawn mower, etc.? If so, please identify the same, the current location and present value of your interest in the property. ANSWER: See Attached 30. Do you claim that there is any property in existence which is your separate property? If so, for each item or class of such property, state the description of property; present location and present value of your interest in the property. ANSWER: See Attached 31. Apart from any debt previously disclosed in your answers to these Interrogatories, do you currently owe money or are you obligated to transfer any other thing of value to any person, corporation or other entity? If so, as to each such debt or obligation state the date that the debtlobligation arose and the name and address of creditor/oblige. ANSWER: See Attached 32. Did you owe any money to any person, corporation or other entity as of JANUARY 20, 2010? If so, as to each obligation, identify the amount owed, originally, as of JANUARY 20, 2010, and currently, to whom it was owed, the account number, if applicable, what the money was used for, the date the-obligation originated, any and all documentation related to the money owed, and the names of any other person who is/was also responsible for this debt/obligation with you. ANSWER. See Attached Respectfully submitted, Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Rd, Suite 100 Mechanicsburg, PA 17050 (717) 591-1755 Peter J. Russo, Esquire I.D. No. 72897 Elizabeth J. Saylor, Esquire Date: ?? ?? I.D. No. 200139 CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Plaintiff's Interrogatories Directed to Defendant - First Set upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Counsel for Defendant Ashley R. Malcolm, Paralegal Date: 2-v5 -o VERIFICATION I, Jason M. Sanseverino, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: I 2,9(( 4 / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-2225 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the day of March, _Ly KIMBERLY B. FOX, Plaintiff vs. JASON M. SANSEVERINO, Defendant 2011, cause a copy of Defendant's Answers to Plaintiff's Interrogatories Directed to Defendant - First Set to be served upon the Plaintiff, Kimberly B. Fox, by serving her attorney of record by first class mail, postage prepaid, at the following address: Elizabeth J. Saylor, Esquire 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 DATE: boll DEFENDANT'S ANSWERS TO PLAINTIFF'S INTERROGATORIES DIRECTED TO DEFENDANT - FIRST SET Interrogatories 1 through 32: Documents requested in the nature of a Request for Production of Documents described in these Interrogatories are available to the Plaintiff for copying at the office of legal counsel for Defendant, at 200 North Hanover Street, Carlisle, Pennsylvania, where Plaintiff or Plaintiff's legal counsel will be provided reasonable opportunity to examine, inspect and obtain copies of said documents. INTERROGATORY # 1. SINCE 6-10-2000, 1 HAVE NOT BEEN EMPLOYED AS AN "EMPLOYEE" OR AS A "W-2" EMPLOYEE. - ONLY AS A 1099 INDEPENDENT CONTRACTOR. TO THE BEST OF MY KNOWLEDGE, I HAVE NOT BEEN OFFERED ANY TYPE OF EMPLOYMENT RELATED BENEFITS, INCLUDING, BUT NOT LIMITED TO ANY FORM OF RETIREMENT PLAN. s I INTERROGATORY # 2 SEE STATEMENT ATTACHED. I HAVE NO EMPLOYER SPONSERED RETIREMENT PLANS - I HAVE NO RETIREMENT PLANS THAT ANY EMPLOYER CONTRIBUTES TO NO EMPLOYER CONTIRBUTIONS REPORTED NO RETIREMENT PLANS EXISTED AS OF 06-10-2000 NTERR.OGATORY # 3 NO INTERROGATORY # 4 NO . ' 1 J INTERROGATORY # 5 NO FUNDS WERE "BORROWED" KIM FOX WIDTHDREW APPROXIMATELY $10,000 FROM HER ROTH IRA - DATE UNKNOWN BUT AFTER SEPARATION (1-20- 2010) JASON SANSEVERINO WIDTHDREW AN EQUAL $10000 FROM THE SMITH BARNEY ACCT IN ROUGHLY THE SAME TIME PERIOD JASON SANSEVERINO WIDTHDREW $15000 IN 2010 TO PAY JOINT 2009 INCOME TAXES FOR JASON SANSEVERINO AND KIM FOX NOTE: TO DATE, THE IRS AND WEST SHORE TAX BUREAU HAVE NOTIFIED BOTH JASON AND KIM THAT PAST DUE NCOME TAXES ARE OWED!!! I NTE R ROGATO RY # 6 6. YES 6A. I LIVE ALONE AND WITH MY SON WHEN I HAVE CUSTODY 6B. THE HARMONY REALTY GROUP, LLC 6C. 6-7-2007 6D.$70000 6E. LOAN FROM BELCO COMMUNITY CREDIT UNION AND LINE OF CREDIT FROM CAPITAL ONE - LATER REFINANCED BY MID PENN BANK 6F. YES 6Fi. MID PENN BANK - 5500 ALLENTOWN BLVD HARRISBURG PA 17112 6Fii. $75,000 6Fiii. APPROXIMATELY $70,000 6Fiv. $552.22 (PRINCIPAL AND INTEREST ONLY) 6Fv. VALUE HAS BEEN ORDERED 6Fvi. YES, ONE WAS DONE FOR FINANCING. I DO NOT HAVE A COPY. I 7 I NTERROGATORY # 7 I PAY THE MORTGAGE -THE PROPERTY HAS BEEN TAKEN "OUT OF SERVICE" AND IS NO LONGER A "RENTAL PROPERTY" THE REAL ESTATE TAXES ARE CURRENTLY DELINQUENT DUE TO LACK OF FUNDS TO PAY THEM. INTERROGATORY # S 1. 1913 CHESTBUT STREET HARRISBURG, PA 17104 (OWNED BY JASON SANSEVERINO INDIVIDUALLY) PURCHASED 04/19/2006 FOR $33,000 FROM STEVE MOYER -OWNED BY JASON SANSEVERINO PERSONALLY - BORROWED $54,600 FROM RECASSA (MORTGAGE ATTACHED) TO REHAB THE HOME. THIS LOAN HAS BEEN PAID OFF THROUGH A REFINANCE. REFINANCED THE HOME WITH BELCO COMMUNITY CREDIT UNION ON 3/20/07 (2 SEPARATE LIENS ATTACHED) LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE - $45,000 BALANCE 1/31/10 - $41,331.93 LOAN 2 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE - $21,400 BALANCE 1/31/10 $19,937.75 TOTAL LIENS $61269.68 AS OF 1/31/10 2. 2318 LUCE STREET HARRISBURG PA 17104 (OWNED BY THE HARMONY REALTY GROUP, LLC) PURCHASED 11/13/2007 FOR $25,000 FROM RUTH AND DONALD BENOIST -PURCHASED WITH CASH - THEN REFINANCED BELCO COMMUNITY- CREDIT UNION IS THE CURRENT MORTGAGE CO. LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE $35,000 BALANCE AS OF 1/31/10 33,074.13 A COPY OF THE MORTGAGE IS NOT AVAILABLE ON- LINE. 3. 2619 SOUTH 2ND ST STEELTON PA 17113 (OWNED BY WENDY POSTEN - UNDER'SALES AGREEMENT' BY THE HARMONY REALTY GROUP.) TAKEN POSSESSION ON 11/10/2008 FOR THE MORTGAGE PAYOFF FROM WENDY POSTEN (ROUGHLY $78,000) -OWNED BY WENDY POSTEN, CITIMORTGAGE IS THE MORTGAGE COMPANY. PLEASE NOTE!!!!!!!!!!!!!!! THIS HOME IS NOT OWNED BY TITLE -ONLY THROUGH A "SALES AGREEMENT" WHICH EXPIRES 12/10/2011- WENDY POSTEN HAS NOTIFIED US THAT S.H-E WILL NOT ,BE R.EN.EW.I.N.G THE AGREEMENT AND WILL BE TAKING THE HOME BACK. 4. 94 ASHFORD DRIVE ENOLA PA 17025 (OWNED BY THE HARMONY REALTY GROUP, LLC) 05/07/2007 FOR $70,000. PURCHASED FROM BRENDA EHLMAN. PURCHASED WITH LINE OF CREDIT AND LOAN FROM BELCO COMMUNITY CREDIT UNION r - LATER REFINANCED WITH MID PENN BANK. LOAN 1 MID PENN BANK ORIGINAL BALANCE $75,000 BALANCE AS OF 1/31/10 $71,952.06 LOAN 2 NATIONAL CITY MORTGAGE/ PNC LINE OF CREDIT (NOT A LIEN ON THE PROPERTY) ORIGINAL BALANCE $33,000 BALANCE OF 1/31/10 - HARD TO DETERMINE - 5. 1083 PRINCETON DRIVE H-UaM-M E.LSTOWN:, PA 17036 (OWNED BY THE HARMONY REALTY GROUP, LLQ 09/03/2008 FOR $127,500 -PURCHASED FROM DOROTHY TEHANSKY. BELCO COMMUNITY CREDIT UNION IS THE MORTGAGE CO -USED $24,000 FROM CAPITAL ONE CREDIT CARD FOR DOWNPAYMENT LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE $125,600.00 BALANCE AS OF 1/31/10 $122,560.25 LOAN 2 NATIONAL CITY MORTGAGE, PNC LINE OF CREDIT ORIGINAL BALANCE $24,000 BALANCE AS OF 1/31/10 HARD TO DETERMINE 6. 908 NORTH 18T" ST HARRISBURG, PA 17103 (OWNED BY CHARLES WASHINGTON - UNDER SALE AGREEMENT WITH HARMONY REAL ESTATE) NOTE - CHARLES WASHINGTON DIED FROM A HEART ATTACK IN 20,08 - H-I.S ESTATE HAS NOT B.E.EN VERY COOPERATIVE IN TRANSFERING THE HOME INTO HARMONY REAL ESTATE, LLC. 06/09/2006 FOR THE MORTGAGE PAYOFF -UNDER SALE AGREEMENT WITH CHARLES WASHNGTON - CHARLES WASHINGTON DIED YEARS AGO FROM A MASIVE HEART ATTACK. THE SALE AGREEMENT HAS EXPIRED-YET WE STILL CONTINUE TO MANAGE THE PROPERTY. MORTGAGE COMPANY IS MIDLAND MORTGAGE CO. I f INTERROGATORY # 7 I PAY THE MORTGAGE -THE PROPERTY HAS BEEN TAKEN "OUT OF SERVICE" AND IS NO LONGER A "RENTAL PROPERTY" THE REAL ESTATE TAXES ARE CURRENTLY DELINQUENT DUE TO LACK OF FUNDS TO PAY THEM. r INTERROGATORY # 8 1. 1913 CHESTBUT STREET HARRISBURG, PA 17104 (OWNED BY JASON SANSEVERINO INDIVIDUALLY) PURCHASED 04/19/2006 FOR $33,000 FROM STEVE MOYER -OWNED BY JASON SANSEVERINO PERSONALLY - BORROWED $54,600 FROM RECASSA (MORTGAGE ATTACHED) TO REHAB THE HOME. THIS LOAN HAS BEEN PAID OFF THROUGH A REFINANCE. REFINANCED THE HOME WITH BELCO COMMUNITY CREDIT UNION ON 3/20/07 (2 SEPARATE LIENS ATTACHED) LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE - $45,000 BALANCE 1/31/10 - $41,331.93 LOAN 2 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE - $21,400 BALANCE 1/31/10 $19,937.75 TOTAL LIENS $61269.68 AS OF 1/31/10 2. 2318 LUCE STREET HARRISBURG PA 17104 (OWNED BY THE HARMONY REALTY GROUP, LLC) PURCHASED 11/13/2007 FOR $25,000 FROM RUTH AND DONALD BENOIST -PURCHASED WITH CASH - THEN REFINANCED BELCO COMMUNITY- CREDIT UNION IS THE CURRENT MORTGAGE CO. LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE $35,000 BALANCE AS OF 1/31/10 33,074.13 A COPY OF THE MORTGAGE IS NOT AVAILABLE ON- LINE. 3. 2619 SOUTH 2ND ST STEELTON PA 17113 (OWNED BY WENDY POSTEN - UNDER `SALES AGREEMENT' BY THE HARMONY REALTY GROUP.) TAKEN POSSESSION ON 11/10/2008 FOR THE MORTGAGE PAYOFF FROM WENDY POSTEN (ROUGHLY $78,000) -OWNED BY WENDY POSTEN, CITIMORTGAGE IS THE MORTGAGE COMPANY. PLEASE NOTE111111!!!! I!!!! THZS HOME IS NOT OWNED BY TITLE -ONLY THROUGH A "SALES AGREEMENT" WHICH EXPIRES 12/10/2011- WENDY POSTEN HAS NOTIFIED US THAT SHE WILL NOT BE RENEWING THE AGREEMENT AND WILL BE TAKING THE HOME BACK. 4. 94 ASHFORD DRIVE ENOLA PA 17025 (OWNED BY THE HARMONY REALTY GROUP, LLC) 05/07/2007 FOR $70,000. PURCHASED FROM BRENDA EHLMAN. PURCHASED WITH LINE OF CREDIT AND LOAN FROM BELCO COMMUNITY CREDIT UNION - LATER REFINANCED WITH MID PENN BANK. LOAN 1 MID PENN BANK ORIGINAL BALANCE $75,000 BALANCE AS OF 1/31/10 $71,952.06 LOAN 2 NATIONAL CITY MORTGAGE/ PNC LINE OF CREDIT (NOT A LIEN ON THE PROPERTY) ORIGINAL BALANCE $33,000 BALANCE OF 1/31/10 - HARD TO DETERMINE - 5. 1083 PRINCETON DRIVE HUMMELSTOWN, PA 17036 (OWNED BY THE HARMONY REALTY GROUP, LLC) 09/03/2008 FOR $127,500 -PURCHASED FROM DOROTHY TEHANSKY. BELCO COMMUNITY CREDIT UNION IS THE MORTGAGE CO -USED $24,000 FROM CAPITAL ONE CREDIT CARD FOR DOWNPAYMENT LOAN 1 BELCO COMMUNITY CREDIT UNION ORIGINAL BALANCE $125,600.00 BALANCE AS OF 1/31/10 $122,560.25 LOAN 2 NATIONAL CITY MORTGAGE, PNC LINE OF CREDIT ORIGINAL BALANCE $24,000 BALANCE AS OF 1/31/10 HARD TO DETERMINE 6. 908 NORTH 18TH ST HARRISBURG, PA 17103 (OWNED BY CHARLES WASHINGTON - UNDER SALE AGREEMENT WITH HARMONY REAL ESTATE) NOTE - CHARLES WASHINGTON DIED FROM A HEART ATTACK IN 2008 - HIS ESTATE HAS NOT BEEN VERY COOPERATIVE IN TRANSFERI NG THE HOME INTO HARMONY REAL ESTATE, LLC. 06/09/2006 FOR THE MORTGAGE PAYOFF -UNDER SALE AGREEMENT WITH CHARLES WASHNGTON - CHARLES WASHINGTON DIED YEARS AGO FROM A MASIVE HEART ATTACK. THE SALE AGREEMENT HAS EXPIRED - YET WE STILL CONTINUE TO MANAGE THE PROPERTY. MORTGAGE COMPANY IS MIDLAND MORTGAGE CO. I NTE R ROGATO RY #10 I AM A REALTOR. I HAVE BEEN A REALTOR SINCE SEPTEMBER 1997. 1 AM SELF EMPLOYED AS AN INDEPENDENT CONTRACTOR. I SELL REAL ESTATE I . r INTERROGATORY #11 CAN PROVIDE 2008, 2009 & 2010 TAX RETURNS 2010 TAX RETURNS HAVE NOT BEEN FINALIZED YET, SEE ATTACHED ! l INTERROGATORY #12 1. HARMONY REAL ESTATE, LLC PO BOX 614 CAMP HILL PA 17001 LLC STRUCTURE STARTED IN 1998 50% OWNERSHIP VALUE OF BUSINESS IS TBD - BUT CERTAINLY NEGATIVE FINANCIAL RECORDS ARE LOCATED AT: 94 ASHFORD DRIVE ENOLA PA 17025 2. THE HARMONY REALTY GROUP, LLC PO BOX 614 CAMP HILL PA 17001 LLC STRUCTURE 19N OWNERSH'I'P 2/2007 DATE STARTED VALUE OF BUSINESS IS TBD - BUT CERTAINLY NEGATIVE FINANCIAL RECORDS ARE LOCATED AT: 94 ASHFORD DRIVE ENOLA PA 17025 3. HARMONY REALTY SERVICES, LLC PO BOX 614 CAMP HILL PA 17001 LLC STRUCTURE VALUE OF BUSINESS IS TBD - BUT CERTAINLY NEGATIVE BUSINESS IS EFFECTIVELY CLOSED 100% OWNERSHIP 10/24/07 DATE STARTED FINANCIAL RECORDS ARE LOCATED AT: 94 ASHFORD DRIVE ENOLA PA 17025 4. CAPITAL AREA ABSTRACT 2133 MARKET STREET SUITE 213 CAMP HILL PA 17001 1% OWNERSHIP VALUE OF BUSINESS IS TBD - BUT CERTAINLY NEGATIVE BUSINESS IS EFFECTIVELY CLOSED UNKNOWN DATE OF OWNERSHIP FINANCIAL RECORDS ARE LOCATED AT: 2133 MARKET STREET SUITE 213 CAMP HILL PA 17001 717-303-0322 INTERROGATORY #13 NOT TO MY KNOWLEDGE INTERROGATORY #14 HARMONY REAL ESTATE, LLC PO -BOX 614 CAMP HILL PA 17001 PARTNERS (BOTH 25%): JERRY SANSEVERINO 1154 STANTON LEBANON RD LEBANON NJ 08833 MARSHELLE SANSEVERINO 1154 STANTON LEBANON RD LEBANON NJ 08833 OPERATING AGREEMENT ATTACHED 1 INTERROGATORY #15 NO INTERROGATORY #16 NO . INTERROGATORY #17 LOAN APPLICATIONS THAT I DO NOT HAVE COPIES OF. ALSO BANKRUPTCY DOCUMENTS WHEN KIM AND I FILED FOR BANKRUPTCY. l 1 INTERROGATORY 18 PERSONAL ACCOUNTS: ALL WITH WACHOVIA BANK NA (WELLSFARGO) ONE ACCT WAS CLOSED 2/2010 -SEE ATTACHED STATEMENT - KIM THINKS I TOOK OUT $3800 FROM THIS JOINT ACCT AFTER WE SEPARATED THAT'S NOT TRUE AND THE STATEMENT PROVES IT. CHECKS WERE BOUNCING MID-JANUARY! PERSONAL CHECKING BALANCE AS OF 3/1/2011 $776.93 PERSONAL CHECKING ACCT2 BALANCE AS OF 3/1/2011$ 21758.65 PERSONAL SAVINGS ACCT BALANCE AS OF 3/1/2011$174.30 THE HARMONY REALTY GROUP, LLC BELCO COMMUNITY CREDIT UNION t f STATEMENT ATTACHED. HARMONY REALTY SERVICES, LLC BELCOM COMMUNITY CREDIT UNION STATEMENT ATTACHED HARMONY REAL ESTATE, LLC ORRSTOWN BANK STATEMENT ATTACHED I LATER ROGATO RY #19 NO . I INTERROGATORY # 20. BRISTOL MYERS SQUIBB STOCK SOLD 5-21-10 TOTAL PROCEEDS $564.04 BASIS FROM 6-10-00 $1237.44 BASED ON WSJ $51.56 PER SHARE SOLD FOR $23.85 PER SHARE NO STOCK SPLIT ON FILE FROM 6- 10-2000 TO CURRENT DATE TOTAL LOSS OF $673.40 I NTE R ROGATO RY #21 NO INTERROGATORY #22 NO INTERROGATORY ##23 1999 TOYOTA RAV4 OWNED BY JASON SANSEVERINO INDIVIDUALLY TRANSFERRED TO KIM FOX IN EXCHANGE FOR PERSONAL ITEMS FAIR MARKET VALUE $6000 (SEE KELLY BLUE BOOK PRINTOUT FROM 6-2010) 2000 BWM 328CI OWNED BY JASON SANSEVERINO WAS TOTALLED IN A COLLISION 6-2010 RECEIVED AN INSURANCE PAYOUT OF $9,275 WHICH INCLUDED COST REIMBURSEMENTS FOR SEVERAL REPAIRS MADE TO CAR PRIOR TO THE COLLISION FAIR MARKET VALUE OF CAR IS CLOSE TO $8,000 INTERROGATORY 24 1. BANNER LIFE INSURANCE POLICY #180079142 SEE ATTACHED INVOICE - BENEFICIARY IS JERRY SANSEVERINO, JR. - POLICY IS LIFE INSURANCE - NO CASH VALUE INTERROGATORY 25 JUDGEMENT AGAINST DONNA BETTS FOR UNPAID RENT AT 1913 CHESTNUT STREET. WAGES HAVE BEEN GARNISHED. SEE ATTACHED NTERROGATORY 26 NO NTERROGATORY 27 NO NTERROGATORY 28 NO INTERROGATORY 29 GLOCK 26 9MM VALUED AT APPROX $400.00 l v INTERROGATORY 30 ALL FURNITURE, PERSONAL POSSESSIONS AND OTHER ITEMS LOCATED AT 94 ASHFORD DRIVE. ALL BUSINESS EQUIPMENT LOCATED AT 94 ASHFORD DRIVE - IE COMPUTERS), PRINTER(S), MONITOR(S) 2001 BWM M3 r INTERROGATORY 31-3c),- LOAN FROM JERRY AND MARSHELLE SANSEVERINO TO HARMONY REAL ESTATE - SEE ATTACHED LETTER CAPITAL ONE CREDIT CARD - SEE ATTACHED STATEMENT NATIONAL CITY/ PNC LINE OF CREDIT A " KIMBERLY B. FOX, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the _3 6 day of March, 2011, cause a copy of Defendant's Answer to Plaintiff's Motion to Compel to be served upon Plaintiff's counsel of record by first-class mail, postage prepaid at the following address: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 DATE: 33 3a / I Esquire ?y for I?fendant IFFIE ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 KIMBERLY B Sanseverino), Plaintiff V. FOX (fka IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JASON M. SANSEVERINO, Defendant : NO. 10-2225 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER OF COURT AND NOW, this 4th day of April, 2011, upon consideration of Plaintiff's Motion To Compel and of Defendant's Answer thereto, a discovery conference is scheduled for Monday, April 18, 2011, at 2:30 p.m., in chambers of the undersigned judge. BY THE COURT, Elizabeth J. Saylor, Esq. 5006 East Trindle Road Suite 100 Mechanicsburg, PA 17050 /Attorney for Plaintiff ? Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant ? L J. esley Oler, Jr., _ I=sy_: rr, 1 rri ? ?? 5(!( C:)-r D? v c? D -4 :rc a KIMBERLY B. FOX, (fka IN THE COURT OF COMMON PLEAS OF SANSIEVERINO), CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW e^', T+ V 3: rnm JAS M. SANSEVERINO, "arn Defendant NO. 10-2225 CIVIL TERM ?T N Cp cn -C ? s• c? -n IN RE: DISCOVERY CONFERENCE ORDER OF COURT AND NOW, this 18th day of April, 2011, upon consideration of Plaintiff's Motion To Compel, and following a conference in the chambers of the undersigned judge in which Plai tiff was represented by Elizabeth J. Saylor, Esquire, and Defe dant was represented by Bradley L. Griffie, Esquire, it is orde ed and directed that, within 30 days of the date of this orde?: 1. Defendant shall serve upon Plaintiff's coup el a statement in verified form as to what IRAs or 401K plan he had as of January 20, 2010, and June 10, 2010, and the valu s thereof at those times; 2. Defendant shall serve upon Plaintiff's coun el in verified form a statement detailing any withdrawals from January 20, 2010, to the present date that were made from the foresaid IRAs or 401K plans and an itemized statement as to wher the money went that was withdrawn; 3. Defendant shall serve upon Plaintiff's coun el in verified form specific answers without objections to Plai tiff's interrogatories 8-A through 8-S, and shall supply all docu ents in his possession which support the existence of liens or e cumbrances upon the subject matter of the said subp ragraphs; 4. Defendant shall serve upon Plaintiff's ¦ r counsel in verified form a statement detailing any transfers of real!, estate owned by him or a business in which he has or had an interest during the past 5 years; 5. Defendant shall serve upon Plaintiff's counsel in verified form copies of any financial statements in his possession which were submitted in support of applications for loans during the past 3 years; and 6. Defendant shall complete the process of transferring documents sought in response to a discovery request at n cost to the Plaintiff, said process to be completed within 24 h urs. Elizabeth J. Saylor, Esquire 5006 East Trindle Road Suit 100 Mechanicsburg, PA 17050 For Plaintiff ? Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 For Defendant By the Court, Wesley ler, t., J. Copies tAo? lei 410)11 DICb :mae 0 _ vV OFFICES OF PETER J. RUSSO, P.C. BY: Eli ' beth J. Saylor, Esquire PA Sup me Court ID: 200139 5006 E. rindle Road, Suite 100 Mech sburg, PA 17050 Teleph ' e: (717) 591-1755 Facsim' : (717) 591-1756 Email: aylor@pjrlaw.com F L-C-0FFICE- G: F TH-E ,!THC!i0WkR- i 1 NC'` 23 AM 6: 1+ 1 CUMBERLAND COUNITY PENIN'SYLVAHIA Il 111111VCiiY i.,. i.,Y B. FOX, f/k/a IN THE COURT OF COMMON PLEAS ,Y B. SANSEVERINO CUMBERLAND COUNTY, PENNSYLVANIA V. JASO M. SANSEVERINO efendant : CIVIL ACTION - LAW : NO. 10-2225 CIVIL TERM : IN DIVORCE STIPULATED PROPERTY SETTLEMENT AGREEMENT o? day of Tws AGREEMENT is hereby made and entered into this _ 2011, by and between KIMBERLY B. FOX, f/k/a KIMBERLY B. SANVERINO (hereinafter "Wife") and JASON M. SANSEVERINO (hereinafter "Husband"). Witnesseth: Whereas, the parties hereto are Husband and Wife, having been married on June 10, 2000; Whereas, marital differences and difficulties have arisen between the parties; Whereas, the parties separated on January 20, 2010 (hereinafter "Separation Date") and inten#ed to continue to live apart and desire to forever completely settle, separation of their marital ;al and personal, belonging to either and/or both of the parties hereto and all other Page 1 of 22 rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; Whereas, Wife is represented by Elizabeth J. Saylor, Esquire of the Law Offices of Peter J. Russo, P.C.; Whereas, Husband is represented by Bradley L. Griffie, Esquire of Griffie & Associates; Whereas, the parties have had adequate time and opportunity to consult with legal counsel; Whereas, both parties acknowledge that they are satisfied with any legal advice received and they understand the full importance of the Agreement they are entering into; and Now, therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and unmarried except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to fI Page 2 of 22 KBF l JNIS cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan payments, insurance and repair bills connected with the 1998 Acura Integra and 1999 Toyota RAV-4 currently in her name and possession. With respect to these vehicles, Husband agrees that Wife shall retain possession of and retain as her sole and separate property the aforementioned vehicles with all responsibility for payment of any outstanding indebtedness thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any vehicles belonging to Wife by virtue of this paragraph. b. The parties acknowledge that Husband had retained sole and exclusive possession of a certain 2000 BMW, which was titled in Husband's name alone, but which has been damaged and "totaled" in an accident since the Separation Date. Wife herein waives any and all right, title, claim or interest in any and all insurance funds received by Husband due to the damage to the aforementioned vehicle, as well as any vehicle purchased by Husband with said funds and/or after the Separation Date. Husband shall assume all payments, including insurance, accident liability, and repair bills connected with the 2000 BMW and/or any vehicle purchased after the Separation Date and Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with any Page 3 of 22 KBF 7 JMS vehicle belonging to Husband by virtue of this paragraph. 4. ASSUMPTION OF MARITAL DEBT The parties have outstanding real estate liabilities and business liabilities, which shall be assigned as set forth specifically in paragraph 6, 8, and 9 below, but aside therefrom the parties hereto covenant that they are not aware of any further debt outstanding that is held in the name of both Husband and Wife, and are only aware of the following personal obligations in the name of Husband: a) personal loan(s) from his parents with an approximate principle balance of $100,000.00 and b) CapitalOne line of credit (account ending in 7181) and having an approximate September 26, 2009 balance of $26,657.74. Except as otherwise specifically set forth herein, a) Wife's name shall be removed from any and all liabilities held in joint names within sixty (60) days from the Effective Date and Husband shall make timely payments related thereto as not to negatively affect Wife's credit and shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection therewith; b) Husband shall be solely responsible for the aforementioned loan(s) from his parents and the CapitalOne line of credit and shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection therewith; and c) each party shall be responsible for the balance of any debt held in their own personal name, regardless of when said debt was incurred (hereinafter "Personal Debts"). With respect to the Personal Debts, the party whose name the debts is held shall have all responsibility for payment of any outstanding indebtedness and shall indemnify and hold the Page 4 of 22 KBF JMS i other party and his or her property harmless from any and all liability, cost or expense, including actual attorney's fees and or tax consequences regarding the Personal Debts and/or any settlement and/or forgiveness amounts incurred in connection with any Personal Debts. It is specifically agreed by the parties that any payment or obligation due under this Agreement shall not be dischargeable in bankruptcy. 5. DISTRIBUTION AND RELEASE OF MARITAL DEBT Except as specifically set forth otherwise herein, the parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the Separation Date. Wife represents and warrants to Husband that, since the Separation Date, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and hold Husband harmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the Separation Date. Husband represents and warrants to Wife that, since the filing of Separation Date, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and hold Wife harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. Page 5 of 22 KBF JMS l 6. MARITAL RESIDENCE AND CONTENTS MARITAL RESIDENCE During the course of this marriage, the parties resided at the marital residence located at 4 Victor Lane, Mechanicsburg, Pennsylvania, 17050 (hereinafter "Marital Residence"). Both parties agree as follows with respect to the Marital Residence: a. The parties are joint owners of the Marital Residence; b. The Marital Residence is currently held in the parties' joint names as tenants by the entireties; C. The Marital Residence is encumbered with a mortgage due and owing to Bank of America, which is currently delinquent and in the stages of a mortgage foreclosure action; and d. The parties shall act in good faith to conclude a short sale of the Marital Residence through the approval of Bank of America as soon as possible. CONTENTS AND PERSONAL PROPERTY Husband and Wife agree that Wife shall have, free of any and all right, title, claim or interest of Husband, all of the property in Wife's possession as of the Effective Date of this Agreement and that Husband shall have, free of any and all right, title, claim or interest of Wife, all of the property in Husband's possession as of the Effective Date of this Agreement. 7. MISCELLANEOUS PROPERTY - PERSONAL AND MARITAL It. is further agreed that both Husband and Wife shall retain as his or her own any and all Page 6 of 22 KBF JMS personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or non-marital property will be deemed the property of the physical possessor of said property as of the Effective Date. S. ADDITIONAL REAL PROPERTY a.) 1913 Chestnut Street, Harrisburg, Pennsylvania. During the marriage Husband purchased 1913 Chestnut Street, Harrisburg, Pennsylvania as an investment property (hereinafter "Chestnut Property"), having two open mortgages through Belco Community Credit Union (hereinafter "Belco") in the name of both Husband and Wife but signed only by Husband, and Deeded in Husband's sole name. Wife signed the original guarantee for both Belco mortgages, and Belco has executed a Release of Guarantee as to Wife in regards to both of said Belco mortgages. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest in regards to equitable distribution, she may have in and to the Chestnut Property. Husband shall assume all payments of any outstanding indebtedness on the Chestnut Property, including, but not limited to the mortgage, insurance, taxes, utilities, and other costs and fees regarding the Chestnut Property. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the Chestnut Property. b.) 32 West Roosevelt Avenue Middletown, Pennsylvania. Following the Separation Date Husband purchased 32 West Roosevelt Avenue Middletown, KBF i Page 7 of 22 JMS Pennsylvania (hereinafter "Roosevelt Property"), having a mortgage and deed in Husband's sole name, and on or about February 11, 2011, Husband sold the Roosevelt Property. With respect to the Roosevelt Property Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have had in and to the Roosevelt Property in regards to equitable distribution. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the Roosevelt Property. 9. BUSINESS PROPERTY During the marriage Husband has become a member in the following business entities: Harmony Real Estate, LLC, the Harmony Realty Services, LLC and the Harmony Realty Group, LLC (hereinafter collectively the "LLCs"). Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the LLCs, inclusive of all the assets owned thereby, which to date the parties understand to be: 94 Ashford Drive Enola PA, 1083 Princeton Drive Hummelstown PA (sold 7/23/2010), 2318 Luce Street Harrisburg PA, 26192 d Street Steelton PA, and 908 North 181" Street Harrisburg PA. Husband shall indemnify and hold Wife and her property harmless from any and all direct or indirect liability, tax liability, cost or expense, including, but not limited to actual attorney's fees incurred in connection with the LLCs, which to date the parties understand to be: the mortgages on the aforementioned properties, the PNC/Nat'1 City Bank line(s) of credit Page 8 of 22 KBF_? JMS G, including but not limited to the account ending in 5629, and the Agreement of Sales regarding 2619 S 2nd Street Steelton PA and 908 North 18'h Street Harrisburg PA. 10. ACCOUNTS and OTHER INTERESTS The parties shall keep, free and clear of claims from the other party all IRA's, 401k's, other retirement accounts and any other accounts, pensions, benefits, investments and interests which are held in their sole name as personal property and not otherwise herein assigned. The parties agree that as of the Separation Date said accounts were: a) Husband's Morgan Stanley Smith Barney Roth IRA (account ending in 66), b) Husband's Morgan Stanley Smith Barney SEP IRA (account ending in 69), c) Wife's Morgan Stanley Smith Barney Roth IRA (account ending in 67), and d) Wife's Morgan Stanley Smith Barney IRA (account ending in 88). 11. EQUITABLE DISTRIBUTION PAYMENT In exchange for the promises set forth herein, Husband agrees to pay to Wife, as and for equitable distribution, the sum of twenty thousand dollars ($20,000.00), which shall be paid via a cashier's check from Husband made payable to Wife and The Law Offices of Peter J. Russo, P.C. and delivered to The Law Offices of Peter J. Russo, P.C. within twenty (20) days of the Effective Date. It is understood by the parties, and the parties agree, that the payment made by virtue of this paragraph is an equitable distribution payment and shall not constitute income to either party for support purposes. Page 9 of 22 KBF_Z?? JMS i? 12. JOINT ACCOUNTS All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from such accounts. The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account, to which the other party hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest thereto and shall be indemnified and his/her property held harmless from any and all past, present or future liability, cost or expense, including actual attorney's fees, related to and/or incurred by the account holder in connection with said account. 13. TAX LIABILITY The parties hereto believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax return. 14. POST SEPARATION PROPERTY Wife forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Husband after the Separation Date; Husband in the same manner forever gives up all rights to any property, house, vehicle or other major or minor possession, purchased by, given to, or otherwise acquired by Wife after the Page 10 of 22 KBF? JMS Separation Date. 15. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. a. Not later than one hundred (100) days following service of the Divorce Complaint or within seven (7) days of the Effective Date, whichever is later, both Husband and Wife shall have executed an Affidavit consenting to the entry of a final decree in divorce. Further both parties shall execute a Waiver of Notice of Intention to Request Decree under Section 3301(c) of the Divorce Code of 1980, as amended. b. Wife shall cause the Affidavits and Waivers to be filed of record and the divorce finalized. C. The right to request counseling is hereby waived by the parties. Page 11 of 22 KBF4? JMS 16. ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured and maintained a substantial and adequate fund with which to provide themselves sufficient financial resources to provide for their comfort, maintenance and support, in the station of life in which they are accustomed. Wife and Husband do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, support or maintenance. It shall be from the date of this Agreement the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 17. ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees and expenses during and after the commencement of any divorce proceeding between the parties. 18. 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, Page 12 of 22 KBF??J JMS curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. 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 and both parties will revoke prior wills or testamentary documents. 19. AGREEMENT NOT PREDICATED ON DIVORCE It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 20. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. A petition to the Court to modify the Page 13 of 22 KBF? JMSI terms of this Agreement shall be deemed a breach. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreements such as this one. 21. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re- acknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 22. ADDITIONAL INSTRUMENTS Except as otherwise set forth herein, within no more than fifteen (15) days after demand therefore, each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the Page 14 of 22 KBF-? JMS i execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 23. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or their respective counsel. 24. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cognizant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and she understand the legal effect of this provisions of this Agreement and acknowledge that this Page 15 of 22 KBFa JMS f Agreement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. 25. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same formalities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. Any waiver by either party of any provisions of this Agreement of any right or operation hereunder, shall not be controlling nor shall it prevent or estop such party from thereafter enforcing such provision, right, or option and the failure of either party to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party shall not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. Page 16 of 22 KBF I? JMs 26. ENTIRE AGREEMENT This Agreement constitutes the entire understanding of and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings, undertakings or agreements other than those expressly set forth herein. All previous agreements and/or documents, including, but not limited to, the "Agreement in Exchanger of Possessions," the handwritten document dated November 3, 2010, the Escrow Agreement dated December 20, 2010, and the Stipulated Partial Property Settlement Agreement dated December 20, 2010, are hereby declared null and void. 27. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. It is specifically agreed, however, that a copy of this Agreement may be incorporated, by reference, into a divorce judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment, unless otherwise specifically provided herein, and for this Agreement to continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them for purposes of enforcement only of any provisions therein, but Page 17 of 22 KBF 9 JMS 'r shall survive such decree. 28. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. INDEPENDENT AND SEPARATE COVENANTS it is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. M APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 31. VOID CLAUSES 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. 32. AGREEMENT BINDING ON HEIRS This Agreement shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 33. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on Page 18 of 22 KBF JMS page one of this Agreement, which shall be the date on which the last party signs this document. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 19 of 22 KBF? JMS G IN TESTIMONY WHEREOF, witness the signature of the parties hereto this day of N\,i QV-?- Mh 52011. r Witness for Kimberly B. Witness for Jason M. Sanseverino Page 20 of 22 KBF JMS Kimberly B. Fox t% ' •r - COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this, the A t day of nv e,Ma Q l , 2011, before me, a Notary Public, personally appeared Kimberly B. Fox and in due form of law acknowledged the foregoing Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this 3%t day of K\z,*kmpq,,r 2011. Notary tic ,.us? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Ashley R. Malcolm, Notary Public Hampden 1Wp., Cumbala (l County Oortsnissim Oct. i 2015 MEMIM PENNSYLVANLA ASSOCUTMN Of NOTARIES Page 21 of 22 st COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. On this, the 1-i day of I V 0\? , 2011, before me, a Notary Public, personally appeared Jason M. Sanseverino and in due form of law acknowledged the foregoing Agreement to be his act and deed, and desired that the same might be recorded as such. Sworn to and subscribed befo e me this .t 1? day of , 2011. Public KBF JMS 1 tarial Seal Public COzp0nWvania PENNSYLVANIA montl, Notary , ? ,antl12 my n Expires 2014 Mem?r+ Agseciatien of Notaries Page 22 of 22 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Email: lsaylor@pjrlaw.com Attorneys for Plaintiff KIMBERLY B. FOX, f/k/a KIMBERLY B. SANSEVERINO, Plaintiff FILE0-OFF !CF THE PROTI44 ONC79r,j, 2911 NOV 23 AM 8: 41 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JASON M. SANSEVERINO, NO. 10-2225 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on April 1, 2010 and served upon Defendant's then attorney, Ann V. Levin, Esquire, on April 9, 2011 via first class mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: I 1 Kimberly B. F , Plaintiff 0 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Peter J. Russo, Esquire PA Supreme Court ID: 72897 Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: prusso@pjrlaw.com Email: Isaylor@pjrlaw.com Attorneys for Plaintiff KIMBERLY B. FOX, fWa KIMBERLY B. SANSEVERINO, Plaintiff V. FILED-O FIC}F: 2011 NOY 23 AM 8: 4 I CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JASON M. SANSEVERINO, : NO. 10-2225 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) 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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ac>r I ' ki?nberly B. Fo laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIMBERLY B. FOX, f/k/a KIM ERLY B. SANSEVERINO . V. JASON M. SAINSEVERINO No. 10-2225 DIVORCE DECREE AND NOW, _ KIMBERLY B. FOX, f/k/a cz . ZL , 2 of I , it is ordered and decreed that BERLY B. SANSEVERINO plaintiff, and JASON M. SANSEVERINO bonds of matrimony. defendant, are divorced from the Any existing s ousal support order shall hereafter be deemed an order for alimony pendente lit if any economic claims remain pending. The court reta ns jurisdiction of any claims raised by the parties to this action for which a final Ord r has not yet been entered. Those claims are as follows: (If no claims remain indica a "None.") The Stipulated Prop rty Settlement Agreement dated, November 21, 2011, and filed with this Court in, November 23, 2011, shall be incorporated, but not merged, into the De ree. By the Court, Pr thonotary j2- Z?' 1/' ewe Coe y YO Ic to ? cpfy ? WCLo ,?? f Eir'?ie