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HomeMy WebLinkAbout02-0760RAYMOND PREMICI, Plaintiff CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . : NO. O~ "--- "T&O : 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 of the 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. 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere 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 o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las 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 o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland Connty Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 RAYMOND PREMICI, Plaintiff Vo CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. : : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above Plaintiff, Raymond Premici, by his 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, Raymond Premici, is an adult individual who resides at 554 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Cathy Premici, is an adult individual who resides at 554 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this Complaint. The Plaintiff and Defendant were married on July 4, 1995, in Virginia Beach, Virginia. 5. Neither Plaintiffnor 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. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(a)(6). Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. B. Section 3301(c). The marriage of the 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. C. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on November 15, 2001. 7. There have been no prior actions in divorce between the parties. 8. Plaintiffhas been advised of the availability of counseling and that Plaintiffmay have the right to request the parties to participate in counseling. 9. The parties may enter into a written agreement with regard to support, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. 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 unswom falsification to authorities. l~a~m'X~nd l~r[mici, Plaintiff Date: ~athlee~ Carey ~aiey, E"~iuire /3~ Attorney No. 30078 1029 SceneryDrive ~'j / ~ Harrisburg, PA 17109 ~ (717) 657-4795 Attorney for Plaintiff .1!11:1! ~i' I IIIIIli / / 1 / '., ,i .... RAYMOND PREMICI, Plaimiff CATHY PREMICI, Defendant : lN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760 : : IN DIVORCE ACCEPTANCE OF SERVICE I, Thomas D. Gould, Esquire, do hereby accept service of the tree and correct copy of the Complaint in Divorce on behalf of my client, Cathy Premici, the Defendant in the above case. Respectfully submitted, Thomas D. Gould, Esquire Attorney No. ~ ~"0o~ 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 Attorney for Defendant Date: RAYMOND PREMICI, Plaintiff CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760, CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 conceming alimony, division of property, lawyer's fees or expenses ifI 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.A. §4904 relating to unswom falsification to authorities. Date:~ CATHY~MICI, Defendant RAYMOND PREMICI, Plaintiff CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760, CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF TglE DIVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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.A. §4904 relating to unsworn falsification to authorities. Date: RA~ND ~R~MICI, Plaintiff RAYMOND PREMICI, Plaintiff CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760, CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 12, 2002. 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 tree 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. Date:~ By: TF~REMIQi, Defendant Social Security No. t~O 6/- ,_.~"'~ RAYMOND PREMICI, Plaintiff CATHY PREMICI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760, CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fxom 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.A. §4904 relating to unswom falsification to authorities. Date: By: Social Security No. i .5'~ ~.q ? ~';~ ~- RAYMOND PREMICI, Plaintiff Vo CATHY PREMICI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-760 CIVIL TERM : : 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Thomas D. Gould, Esquire, attorney for Defendant, signed Acceptance of Service on February 15, 2002 - filed March 22, 2002 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff: September 12, 2002; by Defendant: September 12, 2002. (b)(1) Date ofexecution ofthe affidavit required by §3301 (d) ofthe Divorce Code: None; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: None. 4. Related claims pending: None 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: N/A (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 26, 2002 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: September 26, 2002 UAW dVric s Attorney for Plaintiff AGREEMENT BETWEEN RAYMOND PREMICI AND CATHY L. PREMICI Thomas D. Gould, Esquire Counsel for Wife Kathleen Carey Daley, Esquire Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction .................................................................. 3 SECTION 1I: General Provisions ............................................................. 4 SECTION III: Alimony and Alimony Pendente Lite Provisions ..................................... 10 SECTION IV: Property Distribution Provisions ................................................. 11 SECTION V: Closing Provisions and Execution ................................................ 13 Kathleen Carey Daley, Esquire DALEY LAW OFFICES 1029 Scenery Drive · Harrisburg, PA 17109 717-657-4795 Fax 717-657-4996 August 30, 2002 SECTION I INTRODUCTION THIS AGREEMENT made this /,q ytt day of ,,?g~~ ,2002, by and between Cathy L. Premici ("Wife") and Raymond Premici ("Hdrsband"). WITNESSETH: WHEREAS, Cathy L. Premici, Social Security Number ~0~2t~, was born on February 2, 1954, and currently resides at 137 East Factory Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, Raymond Premici, Social Security Number 159-24-9928, was born on August 11, 1931, and currently resides at 554 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. WHEREAS, the parties hereto are Husband and Wife, having been married on July 4, 1995, in Virginia Beach, Virginia. WHEREAS, the parties have no children born to this marriage. 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 furore 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: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of §3301(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" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEl, The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Kathleen Carey Daley, Esquire. The provisions of this Agreement and their legal 4 effect have been fully explained to Wife by her attorney, Thomas D. Gould, Esquire. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal fights 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, after having received such advice and with such knowledge 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 attomeys, 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 partypromises 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 of the 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 if they 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. 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 of the 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 fight to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora 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 of the 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. 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 WRITINC 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 enfome 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 § 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. 13. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 14. AGREEMENT BINDING ON HEIR~q 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 temdnated under and pursuant to the terms of this Agreement. The failure ofeitherpartyto insist upon strict performance of any of the provisions of this Agreement shall in no way affect the fight 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 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 oft/tis 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 fi:om 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 any one 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 Husband shall be sent by certified mail, return receipt requested, to Raymond Premici, 554 Brighton Place, Mechanicsburg, Pennsylvania 17055, or counsel for Raymond Premici, or such other address as Husband fi:om time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Cathy L. Premici, 137 East Factory Street, Mechanicsburg, Pennsylvania 17055, or counsel for Cathy L. Premici, or such other address as Wife 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 AND ALIMONY PENDENTE LITE PROVISIONS 1. ALIMONY 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. 10 SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY The parties agree and acknowledge that all personal property has been divided to their mutual satisfaction. All personal property in Wife's possession shall be her sole and separate property free from any claim of Husband, and all property in Husband's possession shall be his sole and separate property free from any claim of Wife. Specifically, the following items which are presently in the possession of Wife shall be delivered to Husband simultaneous with the signing of this Agreement: drapes, mitre saw, lamp, transformer and Husband's birth certificate. The parties agree that the burial plot(s) located at Rolling Green Cemetery shall be transferred to Husband. Wife agrees to cooperate in the signing of all documents necessary to effectuate the transfer of this property to Husband. 2. BANK ACCOUNTS All bank accounts that were created in joint names shall be closed. Each party agrees that they shall remain the sole owner of any accounts established in their name alone. The division of these accounts shall be such that all accounts registered in Husband's name shall be his sole and exclusive property, and all accounts registered in Wife's name shall be her sole and exclusive property. This shall include savings, checking, IRAs, and other investment accounts. 3. AUTOMOBILES The parties agree and acknowledge that they are the owners of a 1999 Suzuki Vitara and a 1996 Nissan Altima. Neither of the cars are subject to any debt. Wife shall be the sole and separate owner of the 1999 Suzuki Vitara free from any claim of Husband. Husband shall be the sole owner of his 1996 Nissan Altima free from any claim of Wife. Wife shall deliver to her counsel the title of the 1996 Nissan Altima and all other documents necessary to transfer ownership of this vehicle solely to Husband. 11 e WAIVER OF PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 5. AFTER-ACQUIREB 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. 6. REAL ES.__.~TATE Marital Residence - The parties agree and acknowledge that they are the owners of certain real property known as 554 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter "Marital Residence"). The parties agree that Wife shall transfer any and all right, title and interest she has to this property by way of a deed or other instrument of conveyancing. Husband agrees to be solely responsible for the payment of any mortgage, taxes, insurance, and other costs related to this property and to hold Wife harmless and indemnify her from any such liability. 7. LIABILITIE__.____~S The parties agree that Husband shall be solely responsible for expenses related to the marital home including unpaid utility bills issued in the name of Wife. Husband will pay $33.15 to Sprint, .$36.82 for United Water Pennsylvania services to CCS, $62.05 to PPL. This will satisfy the invoices Issued in Wife's name for services provided at the marital home after her removal from this property. Husband agrees that the liability of $1,086.74 on the Universal Card issued in his name shall be satisfied without contribution from ~Vife. Husband also agrees not to seek contribution from Wife for the Sears card issued in his name. 8. PAYMENT TO WIFE Husband agrees to pay and Wife agrees to accept the sum of $15,000 as provided herein in full and final satisfaction of any marital claims she may have of any nature. This payment shall be made upon execution and delivery of this agreement, the deed to the marital home, the title to the 1996 Altima and all other necessary transfer documents and consents and waivers to the pending divorce. 12 SECTION V CLOSING PROVISIONS AND EXECUTION Wife acknowledges that she has been represented by counsel and that she has had an opportunity to review and evaluate this Agreement carefully. Wife knows and understands that once this Agreement is signed by both parties, they will be legally bound by the terms contained therein. Wife acknowledges that she has been treated for mental health problems in the past and is currently receiving a disability payment related to that condition. Wife has alleged and asserted that she has legal capacity to make this contract, that she has full understanding of all relevant factors, and that she has had the advice of counsel. It is upon this basis that she intends to be legally bound. Husband has had the advice of counsel and an opportunity to fully and carefully evaluate this Agreement and agrees to be legally bound by its terms as evidenced by his signature below. 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. wrr mss OND PREMICI DATE WITNESS CA~/RY L. PREMICI DATE 13 IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY STATE Of RAYMOND PREMICIt Plaintiff VERSUS CATHY PREMICI, Defendant PENNA. NO. 02-760 CIVIL TERM DECree IN DIVORCE AND NOW, ~~~-- ,~i~, IT IS ORDERed AND DECREED THAT RAYMOND PREMICI , PLAINTIFF, aND CATHY PREMICI ,DEFENDANT, Are DIVORCED from The BONDS OF matrimoNy. The terms of the Marriage Settlement Agreement entered into by the parties on September 12, 2002, are incorporated herein. 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; Non~ ATTEST: ~OTHONOTARY RAYMOND p~MICI, PLAINTIFF CATHY PREMICI, DEFENDANT IN THE COURT OF COI~ON p?.~S CUMBERL~ COURTY, PENNSYLVANIA NO. 2002 - 0760 CIVIL TERM IN DIVORCE FIDAVIT OF INTE TION T RESUME COI~ONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : CATHY T.~.E pI~EMICI, being duly sworn according to law, deposes and says that she is the Defendant in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered on O~)~*' ~O~ and she hereby elects to resume her prior surname of CATHY LEE BEAL and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. 1063, 54 ?A.C.S. Section 704. ./CAf L~E PREMICI To be known as Sworn and subscribed to before me this ~ day .,~'~/L ~E BEAL