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HomeMy WebLinkAbout10-2698JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 990VIL TERM O RITA GASPARINI, : CIVIL ACTION - LAW ' a ?-- Defendant IN DIVORCE ? NOTICE TO DEFEND y" C- W YOU HAVE BEEN SUED IN COURT. If you wish to defend against-fie bimAet forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY r1.? nl„?? SAMIS, FLOWER & LINDSAY AI X004 YS.AT LAW 26 West High Street Carlisle, PA Marylou as, Esqui Attorney 4919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff G0 ----------------- JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM RITA GASPARINI, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is JOHN M. GASPARINI, an adult individual currently residing at 460 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is RITA GASPARINI, an adult individual currently residing at 510 Meadowcroft Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 12, 1987 in Gaithersburg, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that he has the FLOWER & LEVDSAY ATlURNEtB Ai LAW 26 West High Street Carlisle, PA right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNTI EQUITABLE DISTRIBUTION 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. Respectfully submitted, SAIDIS, FLOWER & LINDSAY Marylo M tas, Esquire Attorne.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: .41 Z Z& / U Counsel for Plaintiff FLOWER ? LINDSAY nr?oxNevs.?vuw 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Date: Os/ ?,C`o -- JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. a~~~~~~CIVIL TERM RITA GASPARINI, CIVIL ACTION -LAW ~ c~ ~, Defendant IN DIVORCE rn' ~';~ ac ,~ ..' ; ate. -c r-~ -r ~ -- -cr PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ~ ~`' ~ ~~ ~._ ~~ THIS AGREEMENT made this second day of April, 2010, BETWE J(~N ~. GASPARINI, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and RITA GASPARINI, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on September 12, 1987, in Gaithersburg, Maryland; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 2010-~ R Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, and alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children Steven Gasparini, born July 29, 1992; and Anna Gasparini, born June 27, 1995; counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. i NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 460 Pawnee Drive, Mechanicsburg, Cumberland County, Pennsylvania. From the date of execution of this Agreement forward, Husband shall retain this property and Wife waives all ownership right, title and interest in the real estate. Wife agrees to execute a deed conveying the real estate to Husband individually at the time of execution of this Agreement. From the date of execution of this Agreement forward, Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. a Husband is the owner of real estate located at 253 Lenny Preston Road, Wilmington, New York. Husband shall retain ownership of this property and Wife waives all ownership, right, title and interest in this property as of the date of execution of this Agreement. Husband shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify Wife from any loss thereon. In the event that any documents, including a deed, title, mortgage, spousal waiver and the like, ever need to be signed to confirm the terms of this Agreement with regard to this real estate, both parties agree to sign said documents. Husband shall pay for the preparation of the documents in connection with the transfer or retention of the New York real estate in his name individually. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except the mortgage and vehicle loans identified in other paragraphs herein. In the event that there are any outstanding joint marital debts discovered after the date of execution of this Agreement, the parties shall divide the debts equally, if the balance due accrued prior to the date of separation, and shall pay the total amounts due within thirty (30) days of execution of this Agreement, or within thirty (30) days of presentation of the balance due. The parties shall close all joint accounts, or shall otherwise remove the other as a responsible party on joint liabilities. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on October 1, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 3 C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within thirty, (30) of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall maintain ownership and possession of the 2004 Nissan Armada and 2006 Honda Accord, titled in his name individually. Wife shall maintain ownership and possession of the 2004 Nissan Infiniti, titled in Husband's name individually. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: The parties own or have an interest in a Schwab Traditional Investment account, currently held for the benefit of the parties' jointly. The parties agree that Wife shall receive or retain ownership of the total funds held in the joint Schwab Traditional investment account as of the date of execution of this Agreement. To accomplish the transfer of this joint account to Wife's name individually, the parties agree to cooperate with the 4 Schwab plan administrator to ensure that the transfer is done with minimal tax consequences to either party. In the event that a QDRO needs to be implemented to transfer funds, each party shall pay the costs of preparation of the QDRO and any administrative costs of implementation equally. In the event that there are tax consequences due to the transfer of investment funds or accounts, each party shall suffer tax consequences equally. If either party withdraws funds subsequent to the transfer, that party shall pay the penalty and taxes due pursuant to the tax consequences of early withdrawal. Husband owns or has an interest in two life insurance accounts, with Prudential Group Universal Life. Husband shall transfer ownership of the account with the greater cash value accumulated to Wife's name and shall retain ownership of the account with the lesser cash value. Husband shall sign whatever documents necessary to transfer ownership of this account within fifteen (15) days of execution of this Agreement. Husband owns or has an interest in other retirement, pension, stock and 401(k) accounts earned through his employment with IBM, IRAs with Schwab investments, Columbia Funds and John Hancock Funds. Husband shall maintain ownership of the total funds held in his individual accounts and Wife shall waive all right, title and interest in these accounts. Wife owns or has an interest in other retirement, pension, stock and 401(k) accounts earned through her employment with IBM and an IRA with Schwab investments. Wife shall maintain ownership of the total funds held in her individual accounts and Husband shall waive all right, title and interest in these accounts. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Steven Gasparini, born July 29, 1992, and Anna Gasparini, born June 27, 1995, shall be joint, with both parties having the right to make major parenting decisions cooperatively affecting the children's health, education and welfare. 5 Husband shall exercise primary physical custody of the children subject to Wife's partial physical custody at times that the parties can agree. (9) LIFE INSURANCE: With the exception of the insurance policies referenced in paragraph 7 herein, each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party shalt sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) MEDICAL INSURANCE: From the date of separation forward, previously identified as October 1, 2007, Husband and Wife shall each be responsible for the cost of any unreimbursed medical expenses for themselves for all medical, dental, eye, and/or any other health related costs, to include and not be limited to psychological and counseling expenses. Husband shall maintain coverage for Wife's health insurance and shall maintain that coverage until the time a final decree in divorce is entered. Upon entry of the decree in divorce, Wife shall elect her own health, medical and dental insurance, either under the applicable provisions of COBRA, with Husband's group health insurance or another comparable plan. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Marylou Matas, Esquire, and, Wife has been advised that she may be represented by counsel of her 6 choice. Wife has been advised of the right to retain an attorney; knowing that, she has elected to proceed without counsel. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties may, but are not obligated to, file a joint 2009 federal and Pennsylvania income tax return. In the event that a joint return is filed and a refund is due, Husband shall retain the refund due. If a deficiency is assessed, Husband shall pay the deficiency due. Husband shall bear the expense of the cost of the preparation for joint tax returns. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have s been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; 9 H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. io (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: .--, ~ ~l v Date JO G NI y ~ -~'d Date ,~~ ~_ TA GASP INI ii COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this ~ day of ~~ ~ i ~.. 2010, before me, the undersigned, personally appeared JOHN GASPARINI whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M W I~IlIlX4Y NOTARIAL SEAL GINA UBALDI, Notary Public Camp Hill Boro, Cranberland County My Commission Expires February 12, 21014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Notary Public On this ~ day of ~f'~ ~- 2010, before me, the undersigned, personally appeared RITA GASPARINI whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~AFiIAL SEAI- GINI-UBAI-CI, Notary ~ Hnt ~~ ~~~p~a nAy Co""niss'°" c~.~ -~ Notary Public is JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-2698 CIVIL TERM RITA GASPARINI, CIVIL ACTION - LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 22, 2010. 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. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. verify that the statements made in this Affidavit are true and correct to the best of my LLJ t CL r== u knowledge, information 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. Date:, lTl un N N a.. M Lam. U.J cr: ?, N G YRI D DECREE UNDER4 3301 (c) OF THE DIVORCE CODE U16 1. 1 consent to the entry of a final Decree of Divorce without notice. M CL 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FLOWER & LINDSAY ATIOWNnS-M-1A% 26 West High Street Carlisle, PA 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 to the best of my knowledge, information 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. Date: ?.. J . A ARINI 17 JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-2698 CIVIL TERM RITA GASPARINI, CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed April 22, 2010. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information 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. Date: 9' ~b ` ~~ RITA GASPAR NI DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 (cl 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 alimon}~, 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 SAIDIS, FIAWER SZ LINDSAY ~:~ 26 West High Street Carlisle, PA and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information a . I rstand that false statements herein are made subject to the ~~~~~~~~ penalties of 18 Pa.C.~~~~i~er~g~~~~ falsification to authorities. ~'~ :~ old ~ t 1~0 0 ~ Ol Date: ~ " ~'~~~11Q~~~f-il~c;c# .~~1 ~'~ ~~~.~~Q-~~~j~ K.~-~ .. RITA GASPARINI JOHN M. GASPARINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-2698 CIVIL TERM RITA GASPARINI, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c} of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on May 7, 2010, via certified restricted mail. Proof of service was filed with the Court on May 10, 2010. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: 08/29/2010 and filed with the Prothonotary on 09/03/2010. By Defendant: 09/30/2010 and filed with the Prothonotary on 10/14/2010. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated April 2, 2010. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: 08/29/2010 and filed with the Prothonotary on 09/03/2010. By Defendant: 09/30/2010 and filed with the Prothonotary on 10/14/2010. SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Cazlisle, PA ~o~cq(ro ttiN~1~~1~SNE~3d A4~~a~ a~d-~~~8>~n3 c a ~~, ~a ~ ~ Laa oiaa Ma tas, sq ' Suprem ourt ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff ~~d ~~~3~~°a3-ti.~i ~0 JOHN M. GASPARINI v. RITA GASPARINI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-2698 DIVORCE DECREE AND NOW, ~ c.~o~~,~ 2~O ~0 ~~ , it is ordered and decreed that JOHN M. GASPARINI ,plaintiff, and RITA GASPARINI ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Property Settlement and Separation Agreement dated April 2, 2010, are incorporated, but not merged into this Decree in Divorce. By the Court, J. Prothonotary ~~ ~ ~. il1 dl . ~ ~ r0 ~~~~ ,~~