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HomeMy WebLinkAbout04-3377IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH DICOSTANZO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE PROMPT ACTION. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A DECREE OF DIVORCE OR ANNULMENT MAY BE ENTERED AGAINST YOU BY THE COURT. A JUDGMENT MAY ALSO BE ENTERED AGAINST YOU FOR ANY OTHER CLAIM OR RELIEF REQUESTED IN THESE PAPERS BY THE PLAINTiFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR CHILDREN. WHEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 CLA1M 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH D1COSTANZO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE_ AVISO PARA DEFENDER Y RECLAMAR DERECIIOS USTED HA SIDO DENIANDADO EN LA CORTE. Si desea defenderse de las quejas expucstas en las paginas signientes. Debe romar accion con prontitud. Se le avisa que Si nose defiende, el caso puede proceder sin usted y decreto de divorcio o armiamiento puede set emitido en su contra pot la Corte. Una decision puede tambien set emitida en su contra por cuaiquier otra queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento in'parable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QLE EL DECRETO FINAL DE DIVORCJO O ANULAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERCHO A RECLAMAR CUALQUERA DL ELLOS. USTED DEBE LUEVAR ESTE PAPEL A LN ABOGADO DL INMEDIATO. SI NO TIENE O NO PLEDE PAGAR UN ABOGADO. VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH DICOSTANZO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 OF THE DIVORCE CODE AND NOW, comes Katherine Jane DiCostanzo, by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files the instant Complaint in Divorce and in support thereof, avers as follows: 1. The Plaintiff is Katherine Jane DiCostanzo, who currently resides at 330 S. Washington Street, Apartment #3, Mechanicsburg, Cumberland County, Pennsylvania, 17055, since June 26, 2004. 2. The Defendant is Andrew Joseph DiCosmnzo, who currently resides at 115 Peach Lane, Carlisle, Cumberland County, Pennsylvania, 17013, since March 2002. 3. Plaintiffhas been a bona fide resident of the Commonwea/th of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on September 15, 2001, in Mechanicsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are two minor children of the parties under the age of eighteen: Tayton A. DiCostanzo, born March 25, 2000; and Angelina J. DiCostanzo, born April 22, 2002. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed fi.om 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, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed fi.om the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code Corm: II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken, 14. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Dated: 7~' ?~' ~ ~ Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Tim~squire I.D. #77944 130 West Church Street, Suite 100 Dillsburg, PA 17019 (717) 432-9666 VERIFICATION I, KATHERINE JANE DICOSTANZO, verify that the statements made in this document 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. KATHERINE JANE DICOSTANZO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH DICOSTANZO, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYINANIA NO. 04-3377 Civil Term CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I, Andrew Joseph DiCostanzo, Defendant in the above-captioned matter, hereby certify that I have accepted service of the Divorce Complaint with regard to the above-captioned matter on this, the ~ day of ~/~o~. _, 2004. ANDP~q J O-S EPH/I~OSTANZO Address City, State, Zip Social Security Number IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH DICOSTANZO, Defendant. IN THE COURT OF COMMON PLEAS CUMBER]LAND COUNTY, PENNSYI,VANIA NO. 04-3377 Civil Term CIVIL ACTION - LAW DIVORCE; AFFIDAVIT OF CONSENT_. 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on July 12, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 m~e and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date A~e~Jos~ph I~iE'lIsrta~o Defendant IN THE COURT OF COMMON '.PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERINE JANE DICOSTANZO, Plaintiff, VS. ANDREW JOSEPH DICOSTANZO, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-32177 Civil Term CIVIL AC. TION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION 'to REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date Defendant MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this }[ day of _./~ ,,/o-- o,_ ,~ ,., ,2004, by and between KATHERINE JANE DICOSTANZO, of / Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and ANDREW JOSEPH DICOSTANZO, of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: were married on September 15, 2001, in Mechanicsburg, WHEREAS, the parties Pennsylvania; WHEREAS, HUSBAND and WIFE are the parents of the following children: TAYTON A. DICOSTANZO, born March 25, 2000; and ANGELINA J.. DICOSTANZO, bom April 22, WHEREAS, diverse, unhappy differences, disputes and clifficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and'the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and furore support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabitate with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy diffi.-rences. 3. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 4. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein,, shall only take place on the "distribution" date whiich shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all right:s, title and interest, or claims in or 2 against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate lmYs, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of(a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time he, reafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., counsel for WIFE. The commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Timothy J. Colgan, Esquire has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provision[s, and therefore signs it clearly and voluntarily. The parties acknowledge that this Agreement is not the res. ult of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The pm:ties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other p~my harmless from and against any and all such debts, liabilities or obligations of every kind which tnay have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 9. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 10. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and 4 forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 11. MARITAL RESIDENCE AND RENTAL LOT: It is HUSBAND's intention to retain the double wide trailer located at 115 Peach Lane, Carlisle, Pennsylvania. There presently exists a loan on the double wide trailer with Bay Vanguard Federal Savings Bank in the amount of Twenty Eight Thousand Eight Hundred Sixty-Seven ($28,867.00) Dollars for which both parties are liable. HUSBAND shall refinance the double wide trailer into his name alone within nine (9) months from the date of execution of this Agreement. In the event the double wide trailer is not refinanced to remove WIFE' s name within that period of time, the trailer shall be listed for sale with a broker selected by the parties. If the parties cannot agree on a broker, both parties will pick a broker. The parties' brokers will then choose a third, neutral, broker that will list the double wide trailer for sale. The parties shall accept the first reasonable offer ~to purchase said trailer as defined by the listing broker. Upon sale of the trailer, HUSBAND shall be responsible for any difference between the net proceeds from the sale of the double wide trailer .and the outstanding monies owed on the double wide t'railer. HUSBAND shall indemnify WIFE and hold her harmless with regard to the trailer from the execution of this Agreement forward. Upon HUSBAND's successful refinance of the trailer, WIFE shall sign any and all documents necessary to transfer ownership of the trailer to HUSBAND. Wife shall thereafter waive all right, title and interest in said trailer. Said double wide trailer is located on a rental lot. HUSBAND shall be responsible for all debts owed on the rent/lease for the lot at 115 Peach Lane, Carlisle, Pennsylvania 17013. HUSBAND shall be solely responsible for making all payments related to the rental/lease of the lot at 115 Peach Lane, Carlisle, Pennsylvania 17013. 12. BANK ACCOUNTS: HUSBAND and WIFE have heretofore divided any bank accounts held by either one of them during the marriage to their mutual satisfaction. Each party shall 5 retain exclusive ownership of any bank account in his or her name, and shall waive any right, title or interest in bank accounts held by the other. 13. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS: Both parties hereby waive any right, title or interest they may have in any retirement or pension plan owned by th oth party It 14. MOTOR VEHICLES: The vehicle in HUSBAND's possession, a 2001 Honda Civic, shall become his sole and separate property. WIFE waives all right, title and interest in said vehicle. HUSBAND shall indemnify WIFE and hold her harmless against any liability resulting from this vehicle. WIFE agrees to sign any and all documents necessary to effectuate the transfer and give effect to this paragraph within sixty (60) days of any request by HUSBAND. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which arc hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. WAIVER OF ALIMONY: Except as otherwise provided herein, HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their liw:s for all claims and demands, past, present or future, for alimony, alimony pcndcntc lite or for any provisions for support and maintenance. Thc parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lit,s, spousal support, counsel fees and court costs. 17. INCOME TAX: The parties have heretofore filed joint Federal and State tax returns. HUSBAND and WIFE agree to file separate tax returns beginning with the tax year 2004. Both parties agree that in the event any deficiency in Federal, State or local income tax is proposed, or any 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. 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 19. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with ~espect to the parties. 20. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 21. WAIVER OF CLAIMS: Except as herein a,therwise 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 shall now have or hereafter acquire, under ~:he present and future laws of any 7 jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance:, widow' s allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of such interests, rights and claims. 22. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 24. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 25. VOID CLAUSES: If any term, condition, clmtse 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. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 28. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in va-iting and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 29. DESCRIPTIVE ItEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under ~Ihe Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS HDI'COSTANZO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KATHERlNE JANE DICOSTANZO, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * vs. * NO. 04-3377 Civil Term * ANDREW JOSEPH DICOSTANZO, * CIVIL ACTION - LAW Defendant. * DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under !j3301(c) of the Divorce Code was filed on July 12, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 tru(~ and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. !j4904 relating to unsworn falsification to authorities. I/;()/o V Date ~- ; Katherine Jane DiCostanzo Plaintiff C) l"'-..J c:...., c5 C-j'\ ~- -:-' ~'.. " :;j-~: r....,; N ;:.~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KA THERlNE JANE DICOSTANZO, * IN THE COURT OF COMMON PLEAS Plaintiff, * CUMBERLAND COUNTY, * PENNSYLVANIA * vs. * NO. 04-3377 Civil Term * ANDREW JOSEPH DICOSTANZO, * CIVIL ACTION - LAW Defendant. * DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: An Acceptance of Service was sie:ned bv Andrew Joseph Dicostanzo. Defendant. on AUiust 8. 2004. Said Acceptance of Service was filed with the Prothonotarv on AUl!:ust 12. 2004. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: Januarv 10.2005; By Defendant: December 24. 2004. (b) (I) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code; N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: NI A. 4. Related claims pending: All related claims were settled bv a Marital Settlement Al!:reement dated Januarv 11.2005 and filed with the Court on Januarv 11.2005. Date: 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 330 I (c) Divorce was filed with the Prothonotary: Januarv 12.2005: Date Defendant's Waiver of Notice in Section 330 I (c) Divorce was filed with the Prothonotary: Januarv 11.2005. 1-/~-tS- ctt >t--- By: Timothy J. Col , squire Supreme Court J.D. #77944 130 West Church Street, Suite 100 Dillsburg, PA 170]9 (717) 432-9666 (Attorney for Plaintiff) f..-~ ';t'l .-\ " -- .., '-...'-' (.') (.;"', . . . . . . . . . ... . . 'f;'I;rf.'!; ;t.;ti;t;;+:;t; . .. ~ ;+;:+; Of. ;+:'!;'lirf. 'Ii . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY . . . . . . . . . . . . . . . . . . . + + STATE OF PENNA. KATHERINE JANE DICOSTANZO, Plaintiff, No. 04-3377 Civil Term THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORV~T!;iIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; \;,AI\ 0 .. VERSUS ANDREW JOSEPH DICOSTANZO, Defendant. . . . . . . . + DECREE IN DIVORCE + + . . + . . . . . . . . . . . . . . + AND NOW, ~ CU~ 2--b DECREED THAT KATHERINE JANE DICOSTANZO AND ANDREW JOSEPH DICOSTANZO ARE DIVORCED FROM THE BONDS OF MATRIMONY. . + + . IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE TERMS AND PROVISIONS OF THE MARITAL SETTLEMENT AGREEMENT . . . . . . . + . . . + . . SIGNED BY BOTH PARTIES ON JANUARY 11, 2005 ARE INCORPORATED BUT THE Am:f~ . . . . . . . . .- PROTHONOTARY .. . . .. 'Ii:+' 'to: 'to 'Ii +:+. 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