HomeMy WebLinkAbout04-5965
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO. ()t-f-
S'i GJ-- ~
vs.
CIVIL ACTION - LAW
VICTOR M. CORCINO,
Defendant
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 relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
When the grounds 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, 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 ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO.
vs.
CIVIL ACTION - LAW
VICTOR M. CORCINO,
Defendant
IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0
anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser
emitida en su contra por cualquier otra queja 0 compensacion reclamados por el
demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE IN1\1EDIATO. Sl
NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefano: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO.
vs.
CIVIL ACTION - LAW
VICTOR M. CORCINO,
Defendant
IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
Ursula Corcino, being duly sworn according to law, deposes and says:
I . 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 Office of the
Prothonotary, 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 subject to the penalties of 18 Pa. c.s.
Section 4904, relating to unsworn falsification to authorities.
Date: as- u ~\J . 0 c.,
,,~f'{.v:O~ (p~
Ursula Corcino
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
/' /
NO. Qq- jtflR:J
vs.
CIVIL ACTION - LAW
VICTOR M. CORCINO,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 5th day of November, 2004, comes the Plaintiff, Ursula Corcino,
by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire,
and files the following Complaint in Divorce whereof the following is a statement:
1. The Plaintiff, Ursala Corcino, is an adult individual who currently resides at 25 Pine
Ridge Circle, Enola, Cumberland County, Pennsylvania 17025.
2. The Defendant, Victor M. Corcino, is an adult individual who currently resides at 25
Pine Ridge Circle, Enola, Cumberland County, Pennsylvania I 7025.
3. The Plaintiff and Defendant were married on or about April 9, 1987, and separated on
or about October 7, 2004.
4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. Both the Plaintiff and Defendant are sui juris and Defendant is a citizen of the United
States.
8. The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff request your Honorable Court to enter a decree
divorcing the Plaintiff and Defendant absolutely.
Respectfully submitted,
~~
ft ~= O'Connor, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 737-7760
ill No. 64720
Attorney for the Plaintiff
VERIFICATION
I, URSULA CORCINO, state that 1 am the PLAINTIFF in the above-captioned
case and that the facts set forth in the foregoing are true and correct to the best of my
knowledge, information, and belief. I realize that false statements herein are subject to the
penalties for unsworn falsification to authorities under 18 Pa.cS Sec. 4904.
Date: Q>S \l)o <-.) O~
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Ursula Corcino
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
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THIS AGREEMENT made and entered into this I.t day of November, 2004,
by and between URSULA CORCINO, of Cumberland County, Pennsylvania, party of
the first part, hereinafter referred to as "Wife," and VICTOR M. CORCINO, of
Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as
"Husband. "
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on
April 9, 1987, and separated on October 7, 2004;
WHEREAS, certain differences have arisen between the parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural lives; and
WHEREAS, the parties desire to confinn their separation and desire to enter into
an agreement for the final settlement of their property and affairs; and
WHEREAS, the parties intend to dissolve their marital status by means of a
divorce pursuant to Section 330 I (c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the foregoing and in further
consideration of the covenants and promises hereinafter mutually to be kept and
perfonned by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
I
1. SEP ARA TlON. It shaU be lawful for each party at aU times hereafter to live
separate and apart from the other party, at such place or places as he or she from
time to time may choose or deem fit.
2. NONINTERFERENCE. Each party shall be free from interference,
authority and control, direct or indirect, by the other in all respects as fuUy as if he
or she were single and 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. Neither party shaU molest,
harass, disturb or malign the other or the family of said other, nor compel or
attempt to compel the other to cohabit or dweU with him or her.
3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate
of Husband, and each of the parties hereto by these presents, for himself or
herself, his or her heirs, executors, administrators or assigns, does remise, release,
quitclaim, and forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and aU claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by said party prior to and including the date hereof; except
that his release shaU in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
2
shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the
filing of financial statements by the other, although the parties have been advised
by their respective attorneys that it is their legal right to have these disclosures
made prior to entering into this Agreement and by entering into this Agreement
without reliance upon financial disclosure, the parties are forever waiving their
right to request or use that as a basis to overturn this Agreement or any part
thereof.
5. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner which confonns to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The
division of existing marital property is not intended by the parties to constitute in
any way a sale or exchange of assets. The division of property under this
Agreement shall be in full satisfaction of all marital rights of the parties.
A. REAL ESTATE. The parties are the owners of a certain tract
of improved real estate known and numbered as 25 Pine Ridge Circle,
Enola, Cumberland County, Pennsylvania 17025 (hereinafter "the Real
Estate"), which is encumbered with first and second mortgages
(hereinafter "the Mortgages"). It is agreed that Husband shall be
responsible for payment of all expenses with respect to the Real Estate and
the Mortgage, real estate taxes, insurance, utilities and the like. It is
3
further agreed that Husband shall transfer all household utility accounts
not presently in Husband's name alone, to Husband's name alone within
ten (10) days of the execution of this Agreement. Sale of Marital
Residence. The parties have placed the marital residence on the market
for sale. Following the sale of the marital residence and at the time of
settlement, all liens on the property, including mortgages and taxes, shall
be satisfied and all expenses related to the sale of said property shall be
paid. In the event that the proceeds from the sale are not sufficient to
satisfY all liens against the property and to pay all expenses related to the
sale of said property, Husband shall take sole responsibility for paying all
remaining obligations relating to said property, and he shall indemnifY and
hold Wife hannless from any and all liability in regard to same. In the
event that proceeds from the sale of said real property exceed the amount
of money required to satisfY all liens against said property and expenses
related to the sale of said property, Husband shall retain the remaining
income.
B. RETIREMENT ACCOUNTS AND PENSION PLANS.
Husband has a military pension from which he receives a net payment of
approximately $1,300.00 each month. It is agreed that Husband shall
retain sole right to receive said pension, so long as Husband provides for
support of the Wife and the daughter of the parties, Mona Lisa Corcino, in
accordance with Paragraphs 9 and 10, below.
4
C. MOTOR VEHICLES. At the time of Separation the parties
owned a 2002 Ford Focus and a 1990 Ford Windstar Minivan. Neither
vehicle was encumbered by any loan obligation. It is agreed by the parties
that Husband shall retain both vehicles and that both vehicles shall be and
remain his sole and separate property. Husband shall be responsible for all
expenses related to the ownership and operation of said vehicles that have
been incurred since the date of Separation, but not yet paid, and that shall
be incurred in the future. Liens. In the event that either vehicle is subject
to a lien or encumbrance, Husband shall take the vehicle subject to said
lien and/or encumbrance and shall be solely responsible therefor. Husband
further agrees to indemnity, protect and save Wife harmless from said lien
or encumbrance. Waiver. Wife does specifically waive, release, renounce
and forever abandon whatever right, title and interest she may have in the
said vehicles pursuant to the terms of this Paragraph.
D. DISTRIBUTION OF CASH ASSETS. STOCKS AND
BONDS. At the time of separation, the parties had joint savings and/or
checking accounts at Community Bank, at Andrews Federal Credit Union,
and at Americhoice Federal Credit Union. The parties agree that they
have distributed the funds in said marital bank accounts to the mutual
satisfaction of the parties. Airline Tickets. One Thousand Fifty-Four
Dollars ($1,054.00) has been provided to Wife for the purchase of airline
tickets for herself and for their daughter to move to Germany. Husband
5
agrees that he will not seek reimbursement for the purchase of said tickets.
Pavment to Anna Lenk. However, Husband agrees to pay Wife's
daughter, Anna Lenk, two thousand dollars ($2,000.00) so that said
daughter can payoff the vehicle that she owns. Said payment shall be
made no later than February 1,2005. Additional Claims. Neither party
will, from the date of this Agreement, make any further claim against the
other party for monies distributed to the other party from said marital bank
accounts, except as necessary for transportation of contents of the marital
residents, as specified below.
E. CONTENTS OF THE MARITAL RESIDENCE. It is
agreed that Wife shall take her choice of furniture, furnishings, personal
effects and other contents of the marital residence. Personal Property for
Anna Lenk. Some of said personal property shall be provided to Wife's
daughter, Anna Lenk, including but not necessarily limited to: all dishes
that Wife purchased in Italy, the armoire located in the family room,
Wife's computer and desk, the dining room suite, said daughter's bedroom
suite, the wall clock provided by Wife's parents, the roll-top desk, and the
contents of boxes that have been marked for said daughter. Remaininl!:
Personal Property. Wife's remaining personal property shall be
transported to a location of Wife's choice in Germany. The parties agree
that Husband shall pay all costs of transport, duties and taxes, and other
expenses related to the transport and delivery of said personal property.
6
Payment shall be made either prior to the date of shipment or on the date
of shipment, or as required by the transportation providers selected by
Wife. In the event that Husband fails to pay for transportation expenses as
provided in this paragraph, Husband shall take full responsibility for
paying all additional expenses incurred by Wife prior to delivery of said
personal property, including but not limited to storage, legal costs, and
interest and penalties resulting from delay or failure to make the payments
as agreed upon in this paragraph.
6. COUNSEL FEES AND COSTS. Subsequent to separation and pursuant to
prior agreement between Husband and Wife, Wife has received distribution of
$1,400.00 from the marital checking account at Andrews Federal Credit Union for
the purpose of paying for court fees and other legal expenses relating to this
Agreement and divorce. The parties agree that Husband shall not seek
reimbursement for any portion of said distribution. The parties further agree that,
if any additional monies are required by Wife for attorney fees or related expenses
in order to complete property settlement and divorce, Husband shall reimburse
Wife for fifty percent (50%) of said attorney fees and related expenses no later
than fifteen (15) days after Wife provides husband with a statement or invoices
indicating the amount that Wife is required to provide for said attorney fees and
related expenses. Husband agrees to take complete responsibility for his own
attorney's fees, legal costs and expenses incurred with respect to the negotiation
of this property settlement Agreement and the divorce proceedings related thereto.
7
Each party hereby waives any right and/or claim each may have, now or in the
future, against the other for counsel fees, costs and expenses, except as
specifically provided in this Agreement.
7. DEBTS. Marital Debt. During the course of the marriage, Husband and
Wife may have incurred certain bills and obligations. It is hereby agreed, without
ascertaining for what purpose and to whose use each of the Marital Debts were
incurred, that Husband shall pay all marital debts, regardless in whose name said
debt was incurred. Debt Incurred Subsequent to Separation. It is likewise
agreed that Husband shall pay all debts, whether incurred by Husband or Wife,
between the time of Separation and the execution of this Agreement.
General Provisions. Any debt herein described shall be deemed to include the
current balance owed on the debt. Unless otherwise specifically provided herein,
there shall be no adjustment for the payment of any portion of the marital debts
that a party may have made prior to the execution of this Agreement, whether or
not that debt is specifically referenced in this Paragraph. Indemnification for
Past Debts. Husband agrees to indemnifY Wife and save her hannless from all
liability or claim on account of said debts and obligations from and after the date
hereof.
8. INDEMNIFICATION FOR FUTURE DEBTS. Except as otherwise
provided in this Agreement, each of the parties hereby covenants and agrees with
the other party not to make, incur or attempt to make or incur any debt or
obligation for or on behalf of the other party hereto, or for which the other party
8
may be held liable, from and after the date hereof, and each of the parties hereto
hereby covenants and agrees to indemnify the other party and save him or her
harmless from all liability or claim on account of said debt or obligations from
and after the date hereof.
9. CHILD SUPPORT. Payments. The parties agree that Husband shall provide
child support payments to Wife for their daughter, Mona Lisa Corcino (Child),
amounting to five hundred dollars ($500.00) each month, starting with the month
of December, 2004. Payment for each month shall be due and shall be paid by the
15th day of each month by direct deposit into a bank account to be designated by
Wife. Lenl!:th of Oblil!:ation. The said child support payments shall continue
until the Child reaches the age of 18 years. However, if the Child continues her
education as a full-time student beyond the age of 18 years, Husband shall
continue making the said Child Support payments for each year until the Child
ceases to be a full-time student or reaches the age of21 years, whichever event
takes place first. The Child shall be considered to be a full-time student for any
year in which, for at least nine months during the year, her number of courses or
credits qualifies her as a full-time student at the educational institution in which
she is enrolled. Health Insurance. The parties hereto agree that Husband shall,
in addition to the child support payments, provide medical insurance coverage for
the Child, at a comparable level to that being presently provided, until such time
as the Child reaches the age of21 years. Provision in Event of Default. Wife's
attorney has advised Wife that Wife may seek a Child Support Order through the
9
Office of Domestic Relations at any time, and/or to have the payment agreed upon
enforced through the Office of Domestic Relations in Cumberland County,
Pennsylvania, or its equivalent in another venue if Husband should move. It is
agreed that, if Husband shall default upon his agreement to provide Child Support
as agreed to herein, Wife may exercise all legal rights that are provided to her in
order to assure payment.
10. ALIMONY. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. The
parties acknowledge that Wife has provided valuable services to the marital
household as a full-time housekeeper and mother, but lacks the experience and
skills to reach her original potential in the workforce. For this reason, the parties
agree that Wife deserves and require continued support to last indefinitely beyond
the date of divorce. Pavment of Indefinite SUDDort. Husband agrees to pay to
Wife continued support for an indefinite period of time in the amount of six
hundred dollars ($600.00) each month starting with the month of December, 2004.
The payment for each month shall be due and payable to Wife no later than the
15th day of each month, as a direct deposit into a bank account designated by
Wife. By indefinite support, it is meant that Husband shall make support
payments so long as retirement benefits are available to Husband, regardless of
whether Wife co-habitates or remarries. Provision in Event of Default. Wife's
attorney has advised Wife that Wife may seek a portion of Husband's retirement
funds to be paid directly by the military through a Qualified Domestic Relations
Order (QDRO), or to seek an Order by which payment is made through the Office
10
of Domestic Relations. Wife has decided not to seek these methods of payment.
However, in the event that Husband defaults on this Agreement and fails to make
payments as agreed upon in this paragraph, Husband agrees to provide a QDRO,
to provide an agreement to pay through the Office of Domestic Relations, or
agrees to any other legal remedy that shaIl be available to Wife, at the option of
Wife, that will provide for payments as agreed upon in this paragraph.
II. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may
hereafter own and enjoy, independently of any claims or rights of the other, all
items of personal and real property, tangible or intangible, hereafter acquired by
him or her, with fuIl power in him or her to dispose of the same as fuIly and
effectively in all respects and for all purposes as though he or she were unmarried.
12. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each have certain possible fiscal rights, including but not
limited to the foIlowing: spousal support, alimony pendente lite in the event of a
divorce, permanent alimony subsequent to a divorce, recovery of counsel fees,
costs and expenses in the event of a divorce, and equitable distribution of marital
property. It is the intention of the parties hereto that all of the foregoing rights and
remedies, with the exception of those otherwise provided in this Agreement, are
hereby waived and forever released and that this Agreement shaIl have the effect
of a final Order of Court relieving each party of the obligation to the other for any
and all of the foregoing possible rights and remedies. The parties have effected
II
an equitable distribution of their marital property and neither will seek further
distribution by any action at law or in equity.
13. EFFECT OF DIVORCE DECREE. The parties covenant and 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. Should a decree, judgment or order of separation or
divorce be obtained by either of the parties in this or any other state, country or
jurisdiction, each of the parties hereby consents and agrees that this Agreement
and all of its covenants shall not be affected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this
Agreement, whether or not either or both of the parties shall remany or
cohabitate, it being understood by and between the parties hereto that this
Agreement shall be incorporated in but shall not be merged into a decree,
judgment, or order of divorce or separation. It is specifically agreed, however,
that a copy of this Agreement or the substance of the provisions thereof shall be
incorporated by reference into any divorce, judgment or decree. This
incorporation, however, shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any judgment and to be
forever binding and conclusive upon the parties.
14. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time,
at the request of the other party, execute, acknowledge and deliver unto said other
12
party any and all further documents or instruments which may be reasonably
required to give full force and effect to the terms and provisions of this
Agreement.
15. DIVORCE. This Agreement shall not be construed to affect or bar the right
of either Husband or Wife to an absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part of the other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
both parties agree to execute and file the appropriate affidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
16. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pursuant to the bankruptcy laws nor are there any such
proceedings pending with respect to them which have been initiated by others. It
is stipulated and agreed by the parties that the terms of this Agreement as they
resolve the economic issues between the parties incidental to their divorce and the
obligations of the parties to each other resulting therefor shall not be
dischargeable in bankruptcy, should either party file for protection under the
Bankruptcy Code at any time after the date of execution of this Agreement.
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17. SEVERABILITY. The waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed or considered a waiver of any other
term, condition, clause or provision of this Agreement, and if any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, all other provisions shall nevertheless continue to be in full force and
effect.
18. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incurred to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach, the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
I 9. LAW OF PENNSYL VANIA APPLICABLE. Both parties covenant and
agree that they have had ample and sufficient time to carefully and fully review
the terms and provisions of this Agreement and to seek and obtain the advice and
counsel of an attorney with respect to the same. Wife has engaged the services of
G. Patrick O'Connor, Esquire, and Husband has had ample opportunity to obtain
legal counsel of his choice, and each party has carefully reviewed the terms and
conditions of this Agreement with his or her respective counsel. Both parties
covenant and agree that they fully understand the facts upon which this
Agreement is premised and based, that they believe this Agreement to be fair and
equitable, that said Agreement is being entered into freely and voluntarily by each
14
of them, and that the 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.
20. INTEGRATION. This Agreement constitutes the entire understanding
between the parties and supersedes any and all prior agreements and negotiations
between them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
21. AGREEMENT BINDING UPON HEIRS. This Agreement shall be
binding upon the parties hereto and their respective heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESSETH:
\le~J~~ CCVl' C.. ....ll
URSULA CORCINO
(SEAL)
15
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
On this, this L day of November, 2004, before me, a Notary Public in and for
the state and county aforesaid, the undersigned officer, personally appeared URSULA
CORCINO, known to me (or satisfactorily proven) to be the person described in the
foregoing instrument, and acknowledged that he executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal
Kenneth L. Schlegel, Notary Public
Hampden Twp., Cumberland County
y Commission Expires Apr. 4, 2005
Member. Pennsylvania As.sodation of Notaries
(SEAL)
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
On this, this /7- day of November, 2004, before me, a Notary Public in and for
the state and county aforesaid, the undersigned officer, personally appeared VICTOR M,
CORCINO, known to me (or satisfactorily proven) to be the person described in the
foregoing instrument, and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my and and official seal.
(SEAL)
-~,-"..-...--
Notarial S[>3! .
Kenneth l. Schlegel, Notary PUbi.~'O I
Hampden Twp., Cumberland County
My Commission Expires Apr. 4, 2005
Member, Pennsylvania ASSCCiaijen of NOia(iOlS
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO. 04-5965 Civil Term
vs.
VICTOR M. CORCINO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
I. Grounds for divorce:
,/ Section 3301(c) of the Divorce Code
Section 3301(d) of the Divorce Code
2.
(a)
Date complaint filed: November 29,2004
(b) Date of service of the complaint: December 4, 2004
(c) If service 30 days after date of filing, date complaint reinstated:
(d) Manner of service of the complaint:
Certified mail, restricted delivery to and return receipt signed by defendant
First-class mail-not returned, certified mail refused, 15 days have elapsed
Date of mailing:
Date certified mail refused:
Personal service by Sheriff and/or Deputy Sheriff
Personal service by competent adult other than Sheriff (Affidavit attached)
,/ Acceptance of service (Copy attached)
By publication pursuant to Order of Court (Copy of Order attached)
3.
(a)
Affidavit of consent required by Section 3301(c) of the Divorce Code:
Date of execution: plaintiff: Mav I I, 2005 defendant: Mav 20, 2005
Date offiIing: plaintiff: contemporaneous Iv herewith
defendant: contemporaneous Iv herewith
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(b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
4. Related claims pending: None. All economic claims have been settled.
5.
(a)
Date of service ofthe notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary:
By plaintiff: contemporaneouslv herewith
By defendant: contemporaneouslv herewith
VERIFICATION
I verify that the statements made in this praecipe are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904
relating to unsworn falsification to authorities.
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IN TH E COllRT OF' COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
: NO. 04-5965 Civil
vs.
VICTOR M. CORCINO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Victor M. Corcino, Defendant herein, do depose and say that I personally
received and accepted service ofa true and correct copy of the Complaint in Divorce and
Notice to Defend and Claim Rights in the above captioned action on or about the L
day ofAFe ./ , 2004, and I accept same by my signing below.
I verifY that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa. c.S.
~4904 relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO. 04-5965
vs.
VICTOR M. CORCINO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on
November 29,2004 and service made on the Defendant on or about December 4,2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint
3. I consent to the entry ofa tlnal decree of divorce after service of notice of intention to
request entry of the decree.
4 I understand that I may lose rights concerning alimony, division of propeI1y, lawyer's
fees or expenses if! do not claim them before a divorce is granted
I verity 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. Section 4904
relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO. 04-5965
vs
VICTOR M CORCINO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WATVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
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 ifI do not claim them before a divorce is granted.
J. I understand that I will not be divorced until a divorce decree is entered by the
('ourt 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 are true and correct.
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understand that fillse statements herein are made subject to the penalties of 18 Pa (' S
Section 4904, relating to unsworn falsification to authorities
DATt.~\.~~s-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCfNO,
Plaintiff
NO. 04-5965
vs.
VICTOR M. CORCfNO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on
November 29,2004 and service made on the Defendant on or about December 4,2004.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry ofa final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
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. Section 4904
relating to unsworn falsification to authorities.
DATE: ,) -JCJ-05
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
URSULA CORCINO,
Plaintiff
NO. 04-5965
vs.
VICTOR M. CORCINO,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
I. 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! 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 are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: S-JD -05
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ict . Corcino, Defendant
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The Separation and Property Settlement Agreement entered into by the parties :
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PEN NA.
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URSULA CORCINO,
Plaintiff
No.
Ci vil
04-5965
VERSUS
VICTOR M. CORCINO,
Defendant
DECREE IN
DIVORCE
AND NOW,
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, IT IS ORDERED AND
DECREED THAT
URSULA CCRCINO
, PLAINTIFF,
AND
VIcroR M. CORCINO
, 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;
shall be incorporated but not meroed into this Decree.
OU7?J
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PROTHONOTARY
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