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Home My WebLink About02-0379 ALICE A. SGRIGNOLI, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION - LAW KENNETH B. SGRIGNOLI, Defendant : NO. 0;). - .37'} CK.>~l'-r~ v. : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. .' IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion ypor cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 ALICE A. SGRIGNOLI, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. KENNETH B. SGRIGNOLI, Defendant : NO. O.;l - .&71 : IN DIVORCE Co\-( ~~ COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Alice A. Sgrignoli, by her attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Alice A. Sgrignoli, is an adult individual who resides at 4225 Roth Lane, Apt. 107, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Kenneth B. Sgrignoli, is an adult individual who resides at 6822 WertzviIle Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiffhas been a bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 2, 1987, In Enola, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members ofthe Armed Services of the United States or any of its allies. 8. Plaintiffhas been advised ofthe availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 330 1 (c). The marriage ofthe parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 330I(d). The marriage ofthe parties is irretrievably broken. The Plaintiff and Defendant separated on June I, 2001. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. By: {tt-o O~....P Alice A. S gno 1, PlamtIff Dele f:r ~ 2- By: athleen Carey Dale , E Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff (.) ~1i ~ ~ ~~~ '...J &D~ ~ ~ I ~ 0 ~ ~V) r r~ ~ ~ '-..l... (") 0 0 c: N <"" -n -0-"- C_ :;:~ 92m "-'" II Z ",11 ze" N '"rn ~1:: c...:. ~.>~~ ~6 ;Olio :!':O -;'--TI :T;: (:")~] --=-0 5 ,,;::'';'C) 5>c c3m z .. ....-; ~ .::> ?!5 (.)1 -< il i !' i i' 11! i1 Ilil illi ,. I iI i ]1 i II i I: i I ! I 1 t II 1 II . 11 L1 ! 1 ~ ili ! I I I I. .1 ! 'II ;j! ! : I lilt 1 ,'.: : I I : l II I . I !, "1 . ' . , l II I !I 1 II I II ! il ','I I ' ~ II I ,I d t P I Ii , II ' ~ "\ :' .., ! il , 'j I I I , I i , 1 , I , I I ALICE A. SGRIGNOLI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. : NO. 02-379 KENNETH B. SGRIGNOLI, Defendant : IN DNORCE ACCEPTANCE OF SERVICE I, Kenneth B. Sgrignoli, do hereby accept service of the true and correct copy of the Complaint in Divorce in the above case. Respectfully submitted, Date: I /:31 h 'z.- , I ~g,~ Kenneth B. Sgrignoli, D nd t () c ~ "UCL nlrn Z-'1 ~- ZC (J) ='~;~ -<""- [<0 >- 28 >c Z ~ o N -... r'l co o ,1 --I "~:~~~; ":';C1 ; ::~ (-) '.5~~ ~5iTl --I -r+'" :'n -< ''-' Ll :J: ~ N Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, v. : NO, 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under g 3301 (c) of the Divorce Code was filed on March 14, 2005, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities, Date: 8'/s-~~'- ! I ~/JM~~ ~' KENNETH B. SGRIGNO, endant (") ..., = ~ c: = <: "" -0 llj ;po ~ mfr c:: m:!l 2.:'1:' G""> .-- Zt:: N ;g~ 5.Q:S: N ~ ~~ J:> ::r:iJ Z'-.. :::l::: 0- ..:"C) )>Cl '2 om c: Z ~ ~ s:;- o -< Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-379 CIVIL TERM ALICE A, SGRIGNOLl, v. KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER f 3301 ( c ) AND 3301 Cd) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.5. g 4904 relating to unsworn falsification to authorities, Date: y- j- D.!,--- KENNETH B. 5GRIGNO , () c ~ -ot.n f'11{ 1.'1 -~ ";: z( ~~" ~Cj 2:,) ~.U >c *"7 ~ ...., = ~ "'" c::: '" N N o -n ~:!J Fn :o.O~ b ~, ()::D -In =<-rn Q, "D '< :<>" ::!J: '? r o Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, v. : NO. 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION. LAW : IN DIVORCE COUNSELING AFFIDAVIT 1, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, 2, I understand that the Court maintains a list of marriage counselors in , the Domestic Relations Office, which list is available to me upon request. 3. Bein$l so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by thJ,~urt. I understand that false statements herein are made subject to the ('0.. penalties of 18 Pa, C, S. Section 4904 relating to unsworn falsification to authorities. Date: e /sfos/ , I ~>>:w KENNETH B, SGRIG L1, efendant " g %~ -'tiC,,: d\\2. ~ Z,L,~, (j) .: ;:':'-, r:;' . ~-~.-"' ';;,.~ ~{=2 7C;;. L__~ ::<: . ~ ~ ~ ".., ~ q. ~e :B~ C3~, '"~--1"\ n?'> '''"?n 6 -\ ~ ~ - c:?, 4:" c:::> - Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, v, : NO. 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Ii 3301 (c ) of the Divorce Code was filed on March 14, 2005. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Ii 4904 relating to unsworn falsification to authorities. Date: '1js70) @a /J ~ ALICE A. SGRIGN I , Plaintiff .......... .. , . ,; (") f; ~i=,- -vc r"f'\f'I' \s "~~: ..". "2 .' ';::5 ,'" eon :t>' c:: '" t'" N ~ s!,-T1 rnr::: -0 rrl ~...'\CJ -,- l. Y,Q. ~:C..-1{ Ot"'> >':"'\'11 (2, ~ ~ J" ~ x:- o Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, v, : NO. 02-379 CIVIL TERM . , KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0 3301 (c ) AND 3301 Cd) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Ii 4904 relating to unsworn falsification to authorities. Date: <X) JJty) ~&~~ A~ E A, SGRIGN I, aintiff o ~ "':? .-()(;:~ 0~\-'.., "':1' .' ~%\~ (!I;j"~ '~:.:( yC ~ ~ Q, ~ i,,% c;:, -00 G1 _~) \ ~ 00 ~ -';Z-~) q,~" t\ ~ ,~,'.; . ~ ;0;- S .' J:" o - Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, v. : NO. 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN DIVORCE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made sublect to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 'i;/)10J ALrb..~GR~~Hf (") G ~ ',JVF n"lr --;7 --1 Z\ \(s ~ 0--1 -< ',. ~ = c.J" po c:: '" '" '" ~ is ~ ~..,., rnF:' .em ~.o t:i 0(-, ::2.~~ 0-- ~>,..Q 6\11 .4 ? ::l :' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-901 CIVIL TERM G. SCOTT TATE, Plaintiff DAVI T. YOUTZY, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 22nd day of August, 2005, after hearing, our Order of August 15, 2005, is vacated, and our Order of August 7, 2002, is reinstated. E. Guido, J. ~chael A. Scherer, Esquire For the Plaintiff srs ~ul B. Orr, Esquire For the Defendant \fFf..)"H,i/\SNN:J:l '1'1""'''' r',', ",. """^'n'"' A_I',} :~.).; . .:-; ',: i ,"> "::;;' ~ \.1 +J8 : II W\1 ZZ :Jn11S00l Acl\flONOrllOdd 3H130 3JI:l:lo-a..lll:J - Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ALICE A. SGRIGNOLl, . . v. : NO. 02-379 C:IVlL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please file the attached Notices in the above-captioned matter. RESPECTFULLY SUBMITTED, By: hard C. upp, Atty. I.D. No. 34832 355 N. 21s' St., Ste. 201 Camp Hill, PA 17011 717-761-3459 Attorneys for Plaintiff Date: 9(~/o ~ ALICE A. SGRIGNOLl, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN DIVORCE DECREE AND NOW, THIS DAY OF . 2005, IT IS ORDERED AND DECREED that ALICE A. SGRIGNOLl, Plaintiff, and KENNETH B. SGRIGNOLl, Defendant, are divorced from the bonds of matrimony. BY THE COURT, J. "" ('~',:' 1,;::.:::1 (...on <~ ~c -J p o '11 .-1 .~~ _,_, r~), .;.)L_ "--?~?r -,-, ._.() -,\"Tl <--:? c:> c.f' ~-o ::c.:. .' -I!. 6) - 3iq ~'d AGREEMENT BETWEEN ALICE A. SGRIGNOLI AND KENNETH B. SGRIGNOLI Kathleen Carey Daley, Esquire Counsel for Wife Kenneth B. Sgrignoli Pro Se .' TABLE OF CONTENTS SECTION I: Introduction ',..............."......................,.,....................., 3 SECTION II: General Provisions . . . , . . . , , . . . . . . . . . . . , , . . . . . . . . , , , . . . . . . . , . . . . . . . . . . . , . . . . . . . . 4 SECTION ill: Alimony, Alimony Pendente Lite and Custody Provisions ,. . . . . . . , , . , . . . . . . . , . , , . . . . . . 10 SECTION IV: Property Distribution Provisions ,.......,.".........,..................,........ 10 SECTION V: Closing Provisions and Execution, , , , . . . . . , . . , , , . . . . . . . , . , . . . . . . , , , , . . . . . . . , , , , . . 12 SECTION I INTRODUCTION THIS AGREEMENT made this I ~ r day of (Ji.- v#o-"1 between Alice A. Sgrignoli ("Wife") and Kenneth B. Sgrignoli ("Husband"). , 2002, by and WITNESSETH: WHEREAS, Alice A. Sgrignoli, Social Security Number 159-60-6558, was born on November 5, 1963, and currently resides at 4225 Roth Lane, Apartment 107, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, KennethB, Sgrignoli, Social Security Number 177-56-7655, was born on June 28, 1960, and currently resides at 6822 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. WHEREAS, the parties hereto are Husband and Wife, having been married on October 2, 1987, in Enola, Cumberland County, Pennsylvania, WHEREAS, the parties have two minor children bom to this marriage, to wit: Lindsey Sgrignoli, born October 15, 1988, and Chelsea Sgrignoli, bom February 19,1992, WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, 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, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: 3 .' .. " SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of S330l(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. 2. 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. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This Agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined 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" ofthis Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 .' s. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley, Esquire. Husband is aware he has a right to be represented by an attorney but he has chosen to sign this Agreement without legal counseL The parties acknowledge that they fully understand the facts and their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. 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 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 ofthe misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ifthey were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 5 8. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate ofthe other for all purposes from any and all rights and obligations which either may have, or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, courtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations ofthe parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 6 9. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. Each of the parties acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, depositions and all other means of discovery permitted under the Pennsylvania Rules of Civil Procedure. Each party is satisfied that no additional information is necessary for the execution of this Agreement. 10. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits, 11. 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 or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 12. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non breaching party to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including S 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court. and shall not be limited to those remedies specifically referred to in this Agreement. 7 '. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assIgns. 15. 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. 16. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. 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 ofthis 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 hereofbe construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 8 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 the exception of the satisfaction of any conditions' precedent, shall in no way avoid or alter the remaining obligations of the parties. 19. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Alice A. Sgrignoli, 4225 Roth Lane, Apartment 107, Mechanicsburg, Cumberland County, Pennsylvania 17055., or counsel for Alice A. Sgrignoli, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Kenneth B, Sgrignoli, 6822 Wertzville Road, Enola, Pennsylvania 17025, or counsel for Kenneth B. Sgrignoli, or such other address as Husband from time to time may designate in writing. 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 9 " SECTION III ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT AND CUSTODY PROVISIONS 1. ALIMONY/ALIMONY PENDENTE LITE/SPOUSAL SUPPORT The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony, 2. CUSTODY The parties agree that legal custody of the two minor children born to this marriage shall be shared between Wife and Husband, with Wife having primary physical custody. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 10 " 2. RETIREMENT BENEFITS Wife agrees that all retirement benefits owned by Husband shall be the sole and separate property of Husband and she does hereby waive, release, renounce and forever abandon any claims she may have to said benefits. Husband agrees that all retirement benefits owned by Wife shall be the sole and separate property of Wife and he does hereby waive, release, renounce and forever abandon any claims he may have to said benefits. 3. BANK ACCOUNTS The parties had ajoint checking account with Members First Credit Union. This account shall be the sole property of Husband, free from any claim of Wife, 4. AUTOMOBILES The parties agree that the 1998 Grand Am in Wife's name shall remain the sole and separate property of Wife, and that the 1987 Jeep Cherokee in Husband's name shall remain the sole and separate property of Husband. 5. WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 6. AFTER-ACOUlRED 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 are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 11 7. REAL ESTATE A. The parties acknowledge that they do not own any real estate to be divided, 8, DEBTS The parties agree that they have a liability owed to the IRS for taxes due on their 1999 tax return. The parties agree that each shall pay 50 percent of the balance of this liability. Husband shall pay all outstanding rent and utilities related to the property located at 6822 Wertzville Road, Enola, Pennsylvania, and the sums due to Beneficial Finance, aIkIa Washington Mutual. Wife shall payoff all balances related to the outstanding accounts with Providian, Kirby Vacuum, Cross Country, Heritage, Neurologic, West Shore Anesthesia, Berks Credit and Capital One, 12 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. f21.'6 t2~.. ~..k' ALICE A SG GN LI I/I:i/OZ. DATE' ~11~ KENNETH B. SGRI I / /;~~ 2..- DATE' 13 (") ,.., ~ = c: """ :-t" cr :1< ~:n V' """" rnr' :ga u' (~t.J -- :::;-(i n -0 (~ :rJ ;--< ::x __".(J \".1 ~ t2/" 1 ."" (J1 ~ -.J :< . < .... tJ. ALICE A. SGRIGNOLl, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 02-379 CIVIL TERM KENNETH B. SGRIGNOLl, Defendant : CIVIL ACTION - LAW : IN 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. Ground for divorce: Irretrievable breakdown under (X) Section 3301 (C) ( ) Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complalnt:- Acceptance of Service by Defendant flied of record. 2/12/2002 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, 8/5/2005 By Defendant, 8/5/2005 (b)(l) Date of execution of Plaintiff's aHldavlt required by Section 3301 (d) of the Divorce Code: N/A (b)(2) Date of service of Plaintiff's aHldavlt upon Defendant: N/A 4. Related claims pending: All economic claims have been settled by written Marital Settlement Agreement dated 1/15/02 which settlement agreement which will be flied with the Court. . -' "'" 5. (b) Plaintiff's Waiver of Notice of Intent filed 8/22/2005. DefendanYs Waiver of Notice of Intent filed 8/22/2005. RESPECTFULLY SUBMlnED, RUPP AND MEIKLE, i By:.. Richard C. Rupp, Esq Atty. I.D. No. 34832 355 N. 21" St., Ste. 201 Camp Hili, PA 17011 717-761-3459 A"orneys for Plaintiff Date: cr- I V tJ C 2 /"'" .-.. r2 ...~ = c:':) (.J"'\ , 0'\ , C) :n cr"\ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ALIce A. SG~IGNOLI PLAINTIFF No. 02-379 CIVIL TERM VERSUS KENNETH B. SGRIGNOLI . DEFENDANT . . DECREE IN DIVORCE . AND NOW, ~\3\"~\- ~ , 2006, IT IS ORDERED AND DECREED THAT ALICE A. SGRIGNOLI , PLAINTIFF, AND KENNETH B. SGRIGNOLI , 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 BY THE COURT: (\~r J. . fr?- ~ ~ 'IO.(JI_' ,J.I.v ~.$ ~ 40w -;:"jI 'Jr7.11/ -$