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HomeMy WebLinkAbout04-3403 v SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORNEYSeAT-LAW 26 W. High Street Carlisle, P A ALEXIS S. ABELN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION NO. 0'1_3'10.3 CIVIL TERM ANTHONY G. SFERLAZZA Defendant IN DIVORCE NOTICE 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 Court House, Carlisle, Pennsylvania, 17013. 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlDIS, SHUFF, FLOWER & LINDSAY Attorneys for Pll:lintiff By: SAlOIS SHUFF, FLOWER & LINDSAY A'ITQRNEYS-AT-LAW 26 W. High Street Carlisle. P A ALEXIS S. ABELN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. a't- 3403 CIVIL TERM Plaintiff V5. ANTHONY G. SFERLAZZA Defendant IN DIVORCE COMPLAINT Alexis S. Abeln, Plaintiff, by attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Alexis S. Abeln, who currently resides at 69 Acri Meadow Road, Enola, Cumberland County, Pennsylvania, where she has resided since March 1999. 2. The Defendant is Anthony G. Sferlazza, who currently resides at 120 E. Dauphin St., Enola, Cumberland County, Pennsylvania, where he has resided since July, 2004. 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 5, 1999, at Enola, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle. P A 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: / /) (I/tttl; /"5, Carol J. Li sa, squire ,"-, ID # 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: I ( {i (01 SAIDIS SHUFF, FLOWER & LINDSAY ATroRNEYS-AT-LAW 26 W, Hjgh Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. /J..>>J.r i y s,. ~ Alexis S. Abeln Date: 1(/10'-1 f <' /"'...,) c:) ~ ~ .~. ;.) \0.-.J :, '" ~'- \ , ::::! ...... s:r fr': ~ '-l ~ '-" .s '" " ~ - '" t ~ _.. ~ -- \"<. -0 ""-.J C- ..i' C'...., -, \r (j SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEVS-AT_LAW 26 W. High Street Carlisle, PA ALEXIS S. ABELN IN THE COURT OF COMMON PLEAS OF CUMBEI~lAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 00459 S 2004 CIVIL TERM PACSES No. 615106451 Plaintiff V5. ANTHONY G. SFERlAZZA Defendant IN DIVOFtCE PETITION FOR ALIMONY PENDENTE LITE Now comes, by and through counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on September 5, 1999. 2. The parties separated on or about Meiy 2, 2004. 3. Petitioner is without the ability to earn income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff " /1 ' By: lA, Carol J. Li as y, 10 # 4469 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-ATeLAW 26 W. High Street Carlisle. P A VERIFICATION - I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. rM-t."!I" ~,~ Alexis S. ,Abeln Daile: r-/".d () '-/ , I 0 r-.> 0 C~~ c:;; ':? 11 t '-- ..... -'f' c:.: (;~1::0 ,-- ,- -Orn :,,0 ..... .<:'" L;lt, .. ~;~Z4 -C) -0 b :::;: .', rn ~) c) __-i ~..- ?d :< N .< - DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERU~ND COUNTY, PENNSYLVANIA CIVIL ACTION NO. OOMliI S 2011-<1 CIVIL TERM 04 - :)40() c:,,,d IN DIVORCE ALEXIS S. ABELN PLAINTIFF VS. ANTHONY G. SFERLAZZA ATTORNEY'S ACCEPTANCE OF SERVICE I, Susan M. Kadel, Esquire, attorney for Defendant, Anthony G. Sferlazza, in the above captioned action, hereby accept service of the Divorce Complaint in the above action on ~ 0~ ,2004 on Defendant's behalf and hereby acknowledge that I am authorized to do so. By: '9"~~ --- Susan M. Kadel, Esquire Attorney for Defendant James Smith, Oiettrick & Connelly o c:: ~~ -c.l'f~ti rnr'-;" ;:.:;~ ~:~' I " (:! " [,::(:;;" .- ~f~ 2: --;1 "'- '" = (;:;:, ,x,- <- c= . (,' o -0 ::!I: o ." I' nlf..9 ~? ~:-:~C) :r.:=tJ f;;?C) cSrn -I -l'::>- ~J:J .< C) \.0 ALEXIS S. ABELN, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE ANTONY G. SFERLAZZA, DefendantIRespondent NO. 2004-3403 CIVIL TERM IN DIVORCE Pacses# 654106580 ORDER OF COURT AND NOW, this 4th day of August, 2004, based upon the Court's d,:termination that Petitioner's monthly net income/earning capacity is $0.00 and Respondent's monthly net income/earning capacity is $2,124.37, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $466.00 per month payable monthly as follows; $466.00 for alimony pendente lite and $0.00 on arrears. First payment due and pain in full on or before August 13,2004. Arrears set at $466.00 as of August 4, 2004. The effective date ofthe order is July 14, 2004. This Order is based upon an agreement that was held on July 15, 2004 before Conference Officer Moul. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.So.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment ofthe Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to Alexis Abeln. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, P A 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows: 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty days after the entry ofthis order, the Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has be,en made. Proof of coverage shall consist, at a minimum, of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4)the addr4ess to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on '(.q.o</ : < BY THE COURT, Petitioner Respondent Carol Lindsay, Esquire Susan Kadel. Esquire J. .r~ol~fC7d J. 'f.'.' ,;",,""; r".) (':.:;::) C;,,~ ~- C") ~'11 ~~;~ C"'; I \.D -,-, ~";i c::o In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ALEXIS S. ABELN ) Docket Number 04-3403 CIVIL Plaintiff ) vs. ) PACSES Case Number 654106580 ANTHONY G. SFERLAZZA ) Defendant ) Other State In Number ORDER AND NOW, to wit, on this 30TH DAY OF AUGUST, 2004 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated 01' G()Suspended or o Terminated without prejudice or 0 Terminated and Vacated, effective JULy 14, 2004 , due to: THE DEFENDANT AGREEING TO A SPOUSAL SUPPORT ORDER UNIJER C#615106451 AND UNDER DOCKET NO. 459 S 2004. THE CREDIT OF $128.70 FROM THIS ACCOUNT IS DIRECTED TO C#615106451. DRO: RJ Shadday xc: plaintiff defendant Carol Lindsay, Esquire Susan Kadel, Esquire Service Type M '~"'J,l'~_- '--', "Y'r~ 'F""""~ i:;i~~t~':~-". T'~ .Jr. JUDGE Form OE-504 Worker In 21005 2 -o~ '-ni, 2:~~:} ~~ ~t: ~,c., ~}:: ': -! ,t':',"c... >~.;; ~ -, to, t"';e \:~ ,.., = 5? (/) 1"""1 -0 1 N -0 :::Jj: o -n :;? "'-'j rn~ ~tJ -'> .L Ov :::.t"1"', -:r: ",1 (;2 C"') {~, {T\ ::'4 J.5 '< Ci? ~ c..; ALEXIS ABELN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONY SFERLAZZO , DEFENDANT CIVIL ACTION - LA W NO. 2004-3403 IN CUSTODY CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on July 14, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 F ALSIFICA TION TO AUTHORITIES. 1./~101- Date I t{Lui-i~ ~ Alexis Abeln (") ~ ~O:1 2!:H ZC: (ft. ~~.~ ~c: J';Q ~C' "J:>'c: ~ ~ ..." f"'1 CD ~ -- ~~ c..> ~~ ~~ ~ ~ -0 ::at N .. w (..,;) l __ ALEXIS ABELN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VI. ANTHONY SFERLAZZO , DEFENDANT CIVIL ACTION - LAW NO. 2004-3403 IN CUSTODY CIVIL WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER I 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 THE FOREGOING 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. z./b/o1 Date' I ~(('6"~ Alexis Abeln g ~~ ~:JJ 6i5;, ~eJ :.:::::~. ~o 5>c: ~ ~ !3 -r'I GJ c...:> ~ ~,'Tl ~~ ~'~ ~~ ~ ~ -0 :::r: N .. w ~ ALEXIS ABELN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONY SFERLAZZ&-, DEFENDANT CIVIL ACTION - LAW NO. 2004-3403 IN CUSTODY CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on July 14,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. 1-')/-0/ Date ~ Antho . S . / "Ill . L € ~ :z "to. en"", ~ei ~c he j;c: ~ ~ ~ ~~::a ~ ~li, u.> =..6 ~~:. :f4 -0 00 ::s: :z. m N ,S .. 55 e".) < c..:> ALEXIS ABELN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONY SFERLAZzA, DEFENDANT CIVIL ACTION - LAW NO. 2004-3403 IN CUSTODY CIVIL WAIVER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER I 3301(c) OF TIlE 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 THE FOREGOING 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. 1- 3/- (1 7 Date ~ ~~ ~r (P.P;. =<p, r:::: .......' IoC: z8 5c .~ ~ ~ 9 ;.\ ,~~ d' Gj (:; ~~i -0 '05 '3 Zm - a ....., ~ .. ~ c,.) ~ c.w . . ~ . MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Anthony Sferlazza, (hereinafter referred to as "HUSBAND") and Alexis Abeln, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on September 5, 1999~ and . WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and fmally their respective financial and property rights and obligations as between each other, including, without limitation by specification~ the settling of all matters between them relating to the ownership and equitable distribution of real and personal property~ the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and 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. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to a just and right standard, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carryon and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 1 . . . . 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; c. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of both parties during the marriage. 7. DEBTS AND LIABILITIES: a. It is mutually agreed by and between the parties that HUSBAND will be responsible for any and all debts, liabilities, and/or contracts currently under his name not l 2 . , c ; otherwise mentioned by the within agreement including, but not limited to, real estate deeded under his name and vehicles titled under his name. b. It is mutually agreed by and between the parties that WIFE will be responsible for any and all debts, liabilities, and/or contracts currently under her name not otherwise mentioned by the within agreement including, but not limited to, real estate deeded under her name and vehicles titled under her name. 8. CASH ASSETS AND OTHER ASSETS: a. WIFE will transfer to HUSBAND the sum of $4,881.92 within one week of the Final Divorce Decree being granted by the court; the parties agree that wife has the option of making said transfer by waiving said amount off of HUSBAND's current support arrearages. b. The Parties have previously separated cash assets and other assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEIDCLES, ETC.: The Parties have previously separated all personal property, vehicles, etc., not otherwise mentioned by this agreement to their satisfaction. The respective Party currently possessing property not mentioned by this Agreement at the time this Agreement is executed will assume full ownership of said property. 10. REAL ESTATE: a. WIFE will assume full ownership of the marital residence located at 69 Acri Meadow Road, Enola, Pennsylvania. b. under his name. HUSBAND will assume full ownership of any real estate currently deeded 11. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. RETIREMENT ACCOUNTS a. HUSBAND will assume full ownership of any and all Pension and/or Retirement planes) currently in his name. b. WIFE will assume full ownership of any and all Pension and/or Retirement planes) currently in her name. 3 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 14. INCOME TAX RETURNS: All future income tax returns not otherwise mentioned by this agreement will be filed separately. 15. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce. 16. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 17. ADDITIONAL INSTSRUMENTS: 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. 18. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. Both parties acknowledge that they have had full and fair opportunity to discuss this agreement and its effect with legal counsel or have voluntarily declined to receive advice from counsel after being given an adequate opportunity to do so. 19. 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. 4 20. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 22. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 23. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defmed as the date upon which it is executed by the parties if they have each executed the 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. 24. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 25. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as ''The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 26. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any 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 each party, including all claims raised by them in the divorce action pending between the parties. 27. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement 5 . . shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 28. SEVERABILITY: 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. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 29. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 30. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 31. EFFECT OF DIVORCE DECREE: The parties agree that unless 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 respect to the parties. 32. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature.o 33. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 6 ~ . "' ". 34. ACTIVATION: This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: C&JraMM'K {iJ001t ( l)~'ll'f\""", ~1~ ::f#t ~Z~~ ~~ Alexis Abeln Tt!f'(U~3i) 'L~7 Date -/ I--,~t b) UJa1- Date State: Lo (; is i I\-~ '" COUNTY OF ()~~ I\..w.. , PERSONALLY APPEARED BEFORE ME, a notary public for ~ ,,~ ~ J t\w()lto.p.N~ County l~lr',...n ~'" , this 3\ day of.::r"l'luH-.*; "2n6'16,'%05, Anthony Sferlazza, known to me (or satisfactorily proven) to be the peMon whose name IS subscnbed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. : SS IN WITNESS WHREOF, I have hereunto set my hand and official seal. {, eaUCICCNLAY "fl\..Cot ~t'-'r Plit,(('<-~'t'f#o..trk~f.S,eN -::r;s :tUoow! r:;......a.:I~ ..<:~~m (J c&:lH ~ ~ . .c""V"..._~ ....1.* Notary. Public - f!:, u~. Ce~(~ . COMMONWEAL TH OF PENNSYLVANIA : f'll,) .....bi to 0 if 2...'18 a : SS COUNTYOFCUMrnERLAND BEFORE ME, a notary public for Cumberland County Pennsylvania, this L,\fb- day of , 200J Alexis Abeln, known to me (or satisfactorily proven) to be the person whose name' subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. ONWEAL TH F Notarial Seal Jacqueline G. Ege, Notary Public Carlisle Boro, Cumberiand County My COmmission Expires Nov. 30, 2010 Member, Pennsylvania Association of Notaries 7 Q d1~ ~9} zr-- (1)1--. ~<;:" ~C.:i ~o.' >8 :z: =< It..;':~. "1 ,~l.,!;,J. ,,' \ ,..,1<\ .",'~ 'f ..; ~..t::f~Ifq,,~,' f'~'" ..;;.-.,; :4:,.:'1 ~ ',<<i<:':", 'II' ;,,< ~ W W ~ c::> C;::) -.J ~ <...> -0 :t: ~ ~:n r- :8f? 0- ~C) . "Ti - ~l"l fto om ~ -< ALEXIS ABELN, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONYSFERLAZZO, DEFENDANT CIVIL ACTION - LAW NO. 2004-3403 IN CUSTODY CIVIL 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 9 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service was signed by Susan M. Kadel, Esquire and was filed with the Prothonotary's Office July 30, 2004. 3. Date of execution of the affidavit of consent required by 9 3301(c) of The Divorce Code: by the Plaintiff February 6, 2007; by the Defendant January 31, 2007. 4. Related claims pending: None 5. (b) Date Plaintiff's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: on February 13, 2007; Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: on February 13,2007; a copy of which is attached. Date: z- t~-ol \ /\/lrc ~ Mar:: B'Yl~Uire BAYLEY & MANGAN 57 W. Pomfret Street Carlisle, PA 17013 717) 241-2446 Supreme Court LD. # 87663 Attorney for Plaintiff ~ !'.~.I .'~ ;;...::::::;':. ~o Ie; o c: ~ ~ g ~ ..." m 03 ~ ;~ ~~ ~~ zO orn ~ ~ -0 ::E fS1 w w tf. tf. if. tf. tf. tf.tf.[+. IN THE COURT OF COMMON PLEAS ;f. tf. OFCUMBERLANDCOUNTY PENNA. STATE OF ;f. '" ;f. tf. ;t; ;f. tf. ;t; ;t; if. Alexis Abeln, Plaintiff tf. VERSUS Anthony Seferlazza, ;t; tf. ;f. ;f. Defendant ;t; tf. tf. ;t; tf. AND NOW, DECREED THAT AND No. 3403 2004 DECREE IN DIVORCE f" l,...." 2 'l 2-30- Alexis Abeln Leo? , IT IS ORDERED AND , PLAINTIFF, Anthony Seferlazza , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement is incorporated but not merged with the Divorce Decree if.", if. if. ;f. if. ;f. ;f. ;f. ;t; ;f. if. [+. if. [+. [+. if. if. if. [+. [+. [+. [+. if. if. J. if. [+. [+. if. /" PROTHONOTARY c/ if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. fti'fi -;kff ~ ~;t, LOt" ~ r$~,("f,;-P; LO -r . r f'. e vol -fD""" .s ?,('"Y1-D~ t. s. r:rJ- V' \t't \- . ' . . i; < . < fti'f. ;f. [Ii [Ii if. if.[Ii;f. if.if. IN THE COURT OF COMMON PLEAS if. if. OFCUMBERLANDCOUNTY PENNA. STATE OF Alexis Abeln, 3403 2004 Plaintiff No. ;f. if. VERSUS Anthony Sferlazza, if. if. if. Defendant '" AMENDED if. ;f. DECREE IN DIVORCE :f. if. '" if. :f. '" '" :f. if. '" if. :f. if. if. if. if. if. if. if. '" if. AND NOW, VV'/)/-L 73 2tXJ~, IT IS ORDERED AND Alexis Abeln , PLAI NTI FF, DECREED THAT Anthony Sferlazza , DEFEN DANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; if. if. if. if. if. if. None. The Marital Settlement Agreement is incorporated [Ii if. if. if. But not merged with the Divorce Decree if. if. 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