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HomeMy WebLinkAbout02-0876JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEleENi) AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. Ifyou 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 he entered again~ 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree beil~g handed down by the Court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a coun.qelor from the list. All necessary arrm~ements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. CumberlandCountyBarAssociation 2 LibertyAvenue Car~sle, PA17013 717-249-3166 JOHN V. CATALANO, Plaintiff Vo TERESA O. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes thc Plaintiff, JOHN V. CATALANO, by and through his counsel, KoHas and Kennedy, and respectfully represents as follows in support of thc within Complaint: 1. Plaintiff is John V. Catalano, an adult individual currently residing at 3832 Carriage House Drive, Camp Hill, Penn~lvania, 17011. Plaintiff's Social Security Numhcr is 196-48- 4405. 2. Defers!ant is Teresa G. Catalano, an adult individual curremly residing at 33 Sample Bridge Road, Mcchanicsburg, Pcnn.qylvania 17050. Defendant's Social Security Numhcr is 174- 54-6275. 3. Piaintiffhas ~.cn a bona fide resident in thc Commonwealth of Pcnn~lvania for at least six (6) months immediately previous to thc filing ofthi.q Complalrg. 4. Plaintiffand Defendant were married on June 8, 1991, in Mount Hope, Pcnnsylvanim 5. There have hcen no prior actions of divorce or for annulment between thc parties. 6. Plaintiffhas been advised that counseling is available and that Plaintiffmay have thc right to request that the Court require the parties to participate in counseling. 7. Plaintiff and Defendant are both citizens of thc United States. COUNT I - DIVORCE PURSUANT TO §3301(c) OR rd) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 of this Complaint arc incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. COUNT II REOUEST FOR EQUITABLE DISTRIBUTION PURSUANT TO SECTION 3502 OF TII~ DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full below. 11. Plaintiffn~qucsts this Honorable Court to equitably divide, distribute or assign marital property betwe~ the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. COUNT m ~ CUSTODY 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference as though set forth in full. 13. A minor child has been bom to the marriage between Plaintiff and Defendant: (a) A Daughter, Serina Danielle Catalano, was bom on April 18, 1992. 14. Thc child is presently in the custody of both parents via a joint custody arrangement. 15. In the past five years, Serina Danielle Catalano has resided with the followin~ persons and at the following addresses: John V. Catalano Teresa G. Catalano John V. Catalano and Teresa G, Catalano 3832 Carriage House Drive C~i? Hill, PA 17011 33 Sample Bridge Road Mechanicsburg, PA 17050 3832 Carriage House Drive Camp Hill, PA 17011 3/1/01-Presem 3/1/01-Presem 4/18/92-3/1/01 16. Plaintiff is aware of no pending custody proceeding concerning the child in a court of this Commonwealth. 17. The Plaintiff seeks shared physical and shared legal custody of the child, Serina Danielle Catalano. 18. The best interests and pe,aament welfare of the child will be served by granting the relief requested because: (a) The parties have ~ the role of primary caregiver to the child. (b) The parties have an amicable relationsh'.m and are both likely to facilitate a relationship between them and the child. (c) The parties can provide a nurturing, stable, and loving environment for the child. COUNT IV - REQUEST FOR APPROVAL OF ANY SETT1.EMI~.NT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE I}ECREI~. 19. Paragraphs 1 through 18 of this Complaint are incorporated herein by reference as though set forth in full. 20. The public policy of the Commonwealth of Penn~lvania encourages parties to a marital dispute to negotiate a settlement of their differences. 21. While no settlement has bccn reached as of the date of the filing of this Compiaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defet~lant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 22. To the extent that a written settlement agreement might be entered into between the parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, the Plaintiffprays that Jud~m~ent and Decree he entered as follows: (a) As to Count I, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (e) or (d); and (b) As to Count II, that an Order be entered equitably distributing property of the marriage; and (c) As to Count III, if a written custody agreement is reached between the parties prior to the time of hearing, Plaintiffrespectfully requests that this Honorable Court approve and incorporate but not merge any agreement into the decree in divorce; and (d) As to Count IV, that any settlement agreement reached between the parties be incorporated but not merged into the decree in divorce. RESPECTFULLY SUBMITTED, William C. Kollaa, Esquire KOLLAS AND KENNEDY I.D. No. 06341 1104 Femwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 731-1600 AI'YORNEY FOR PLAINTIFF DATE: JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, JOHN V. CATA LANO, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the pemlties of 18 Pa. C.S.A. 4904, relating to unswom ~als~fication to authorities. V. Cfit lano JOHN V. CATALANO : : PLAINTIFF : V. : 02-876 TERESA G. CATALANO DEFENDANT : IN CUSTODY R F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW AND NOW, lh-iday, March 01, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 25, 2002 at 11:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Esq. ' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE · Comp~e items 1, 2, and 3. AlsoJcomp~e Rem 4 If Restrlctm:l Delivery is desired. · Print your name and acldre~a on the reverse so that we can return the card to you. · Attach this card to the back of the rnallplece, or on the front if Spaca permits. 1. A~icle Addre~ed to: Recetvedby(Pri~teclName) C. Date of DeINe~j D. ~d~lvee/addresadifferentfrom~rnl? r-lyes If YES, water delivery addraa~ below: [] No 2. Article Number PS Form 3811, August 2001 BY: William C. Koll~% Esquire KOLLAS AND KENNEDY 1104 Fernwood Avenue Suite 102 Camp Hill, PA 17011 (717) 731-1600 Attomey for Plaintiff JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AGREEMENT AND NOW this /~f~' day of a/~(t~ , 2002, come the parties John V. Catalano, hereina~er referred to as "Father," and Teresa O. Catalano, hereina~er referred to as "Mother." Intending to be legally bound, the parties hereby agree as follows: WHEREAS, Father and Mother desire to enter into an Agreement for the custody of their daughter, Serina Danyel Catalano, bom 04/18/92; and WHEREAS, the parties are the natural Father and Mother of the child Serina Danyel Catalano; and WHEREAS, the parties intend that this Agreement be entered as an Order of CouP; and NOW THEREFORE, Father and Mother provide as follows: 1. Father and Mother shall share legal custody of the child. 2. Mother shall have primary physical custody. 3. Father shall have secondary physical custody on the following schedule: (a) Father shall have custody of the minor child every other weekend. Custody shall start Saturday, March 8, 2002. Custody shall be Saturday morning until Sunday evening as the parties agree. Co) Father shall have custody every Wednesday evening until Friday morning. (c) The parties shall share custody of the minor child for the following holidays as the parties shall agree: 1. Easter, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas. 2. Mother shall have the child every Mother's Day ~om 9:00 a.m. until 9:00 p.m. 3. Father shall have custody every Father's Day from 9:00 a.m. until 9:00 p.m. 4. Parents shall share custody on the child's birthday at times to be agreed by the parties. 4. The parties agree that this document may become an Order ofCourt. This Agreement is intended to replace any prior agreements between the parties regarding custody oftbe minor child. 5. This Agreement may be modified in writing signed by both ofthe parties. 6. The parties intend to be legally bound by the terms of this Agreement. This writing is intended to contain the entire agreement between the parties. 7. Both parties have been advised of their right to review this document with their own counsel prior to signing this Agreement. 2 IN WITNESS WHEREOF, the parties set their hands on the date first recited above. Witness 't~ness JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE ORDER OF THE COURT AND NOW, this _~__ day o f ~/2~ E.~ ,2002, following consideration of the attached Agreement for Custody dated March 15, 2002, between the parties, the Agreement is hereby emered as an Order of Court. BY THE COURT: APR ]. 9 2oo2 JOHN V. CATALANO, Plaintiff V. TERESA G. CATALANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-876 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 15th day of April, 2002, the counsel for parties having requested a thirty (30) day continuance on March 15, 2002, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR THE COU~ (~ I~.'/~~y, Esquire"'~ Custody Conciliator :157046 JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-876 Civil Texm : : CIVIL ACTION- LAW : IN DIVORCE AGREEMENT This Agreemem is made this __ day of , Zoo'2,_, by and between John V. Catalano of Cumberland County, Pennsylvania ("Husband") and Teresa G. Catalano of Cumberland County, Pennsylvania ("Wife"). WITNESSETH WHEREAS, the parties hereto are Husband and Wife, having been married on June ~, 1991, in Mount Hope, Pennsylvania; WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, withom limitation by specification: 1. The settling of all matters between them relating to the ownership of real and personal property including property heretofore or subsequently acquired by either party; such advice and with such knowledge, the Agreement is, in the circumstances, fair reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of the Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. The parties further acknowledge that they have each made to the other a fifll and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 2. Definitions. (a) Divorce Code. The phrase "Divorce Code" shall be defined as Act No. 1990-206, 23 Pa.C.S.A. § 3101 et seq. (b) Date of Execution of this ~4greement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution 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. 3. Effective Date of Agreement. Tlfis Agreement wfll become effective and binding upon both parties upon execution of this Agreemem by both of them. 4. Effect of Divorce Decree--Incorporation, No Merger. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect at'er such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforeemem of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that aH of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order. 5. Effect on Divorce. The parties agree to take aH legal steps (including timely and prompt submission of aH docmnents and the taking of aH action including executing the appropriate waivers of notice of the master's hearing, fight to file exceptions, and right to file 4 appeal) necessary to assure that a divorce pursuant to Section 3301 of the Divorce Code is entered as soon as poss~le, but in any event not later than three (3) weeks from the date of execution of this Agreement. To that end, the parties have executed and agree to promptly file the affidavits required to obtain a divorce pursuant to § 3301 (c) of the Divorce Code. If, at, er the execmion of this Agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorney's fees, costs and/or expenses incurred as a result of such delay in obtaining the decree. 6. Effect of No Divorce. This Agreement is predicated upon and made subject to the attainment of a final decree in divorce under Sections 3301 (c) of the Divorce Code and therefor, except as otherwise provided for herein, this Agreement will be null and void if a final decree in divorce is not obtained within six (6) months of the date of execution of this Agreement. 7. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 8. Equitable Distribution of Property. (a) Premises. Husband and Wife hold title as tenants by the entireties the premises identified as 3832 Carriage House Drive, Camp Hill, Cumberland County, Pennsylvania 17011 (the "Marital Residence"). A legal description of the "Marital Residence" is attached hereto as Exlu'bit "A." The parties agree as follows with respect to the "Marital Residence:" (i) Husband will retain the "Marital Residence." Wife will cooperate as necessary in order for Husband to refinance the "Marital Residence" in his name alone. (ii) There is presently omstanding against the "Marital Residence" a mortgage. Commencing on the "date of execution" of this Agreement, Husband shall be solely respons~le for the timely payment of all present and future principal, interest, and other fees due on the mortgage. Husband shall keep Wife indemnified and held harmless fiom any liability, cost or expense including any attorney's fees which are incurred subsequent to the date of the execution of this Agreement in connection with the mortgage. (iii) Husband shall be solely respons~le for the payment of all other debts associated with the "Marital Residence," including, but not limited to payment of taxes, utilities and maintenance. Husband shall keep Wife indei~-,nified and held b_mndess fiom any liab'flity, cost or expense arising fiom these debts fiom the date of execution of this Agreement. (iv) If at any time at, er the execution of this Agreement, Husband detemdnes that sale of the "Marital Residence" is appropriate, Wife agrees to cooperate, including execution of any documents necessary to effectuate the tran~qfer of the "Marital Residence." Wife agrees that Husband has the sole right to the proceeds of any such sale of the "Marital Residence," except has provided in the following paragraph. (v) Husband agrees to pay Wife a lmnp sum payment o f Twenty Thousand Dollars ($20,000.00) for her equity interest in the "Marital Residence," within six (6) months of execution of this Agreement. (b) Personal Property. The parties agree that the personal property of the marriage has been previously distributed. Upon execution of this Agreement, the property in possession of Husband shall be his sole property and Wife forever waives any rights she may have had to the personal property in possession of Husband. The property in possession of Wife, upon execution of this Agreement, shall be the sole property of W'rfe and Husband forever waives any rights he may have had to the personal property in possession of Wife. 9. Counsel Fees. Husband and Wife agree each party shall be responsible for his or her own legal fees and expenses, except that, in the event of a breach of this Agreement, fees shall be recoverable by a non-breaching party in an action to enforce the provisions of this agreement. 10. Warranty as to Future Obligations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the t~tms of this Agreemem, neither of them shall hereafter incur any liab'flity whatsoever for which the other or the estate of the other may he liable, and each now and at all times hereafter shall indemnify and hold harmless the other party from and against any such liabilities, costs or expenses, including attorney's fees, relating thereto incurred by the other party after the date of execution of this Agreement. 11. Warranties as to Existing Obligations. During the course of the marriage, Husband and Wife have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may he otherwise specifically provided for by the terms of this Agreement, as of the date of execution ofthis Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should he detemfined to have existed as of the date of execution of this Agreement, the party who incurred that debt shall indeaufify and hold the other party harmless for and against any loss or liability and costs or expense, including attorney's fees, incurred as a result of those liab'flities. 12. Mutual Releases. Except, and only except, for all rights, agreemems and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all fights, title and interest, or claim in or against the property (including income, and gain from property hereafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of the other or any part thereof, whether arising (a) out of any former acts, contracts, engagements or liabilities of such other, (b) by way of dower or courtesy or claims in the nature of dower or courtesy or widow's or widower's rights, (c) as family exemption or similar allowance, or (d) under the intestate laws, the right to take against the spouse's will, the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) Pennsylvania, (ii) any other State, Comn~nwealth or territory of the United States, or (iii) any other country. Except, and only except for all rights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, the parties agree that this Agreement shall he and constitute a fifll and final resolution of any and all claims which each of the parties may have against the other for equitable distribution of property, alimony counsel fees and expenses, alimony pendente lite or any other claim pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction~ The parties further release and waive any rights which either party may have now or hereafter against the other including but not limited to claims for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including but not necessarily limited to equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. Except, and only except, for all fights, agreements and obligations of whatsoever nature arising under or which may arise under this Agreement or for the breach of any part of this Agreement, it is the intention of Wife and Husband to give to each other by the execution of this Agreement, and full, complete and general release with respect to any and all property of any kind or nature, whether real, personal or mixed, which the other now owns or may hereafter acquire. 13. Mutual Waivers. Except as provided for in this Agreement, ¥~rffe and Husband do hereby waive, release, and give up any rights that they may respectively have, either at the present or in the future, against the other for equitable distn'bution, alimony, support, maintenance, or for any other right resulting from their status as Wife and Husband. Wife and Husband agree that neither part), may apply to any court for a modification of this Agreement, with respect to alimony, distribution of property, or otherwise, whether purs~_a_r~t to the Divorce Code or any other present or future statute or authority. Except as provided for in this Agreement, it shall be the sole responsibility of V~ffe and Husband to sustain herself or himself without seeking any support from the other party from the date of execution of this Agreement. In the event that either of the parties shall nevertheless seek such a modification, that party shall indemnify and hold the other party ha~afless from and against any loss resulting therefore, including counsel fees and costs. 10 14. Waiver or Modification to be in Writing. No modification or waiver ofany ofthe terms hereof shall he valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall he deemed a waiver of any subsequent default of the same or sh'oJlar nature. 15. Mutual Cooperation. Each party shall, at any time and l~om time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fffieen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 16. Law of Pennsylvania Applicable. TbJs Agreement shall he construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 17. Integration. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 18. Severability. If any term, condition, clause or provision of this Agreement shall be de~emfined or declared to be void or invalid in law or otherwise, then only that temx, condition, clause or provision shall he stricken from this Agreement and in all other respects this Agreement 11 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 the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 19. Contract Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 20. Waiver of Liability. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does hereby warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped fi.om asserting any illegality or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Wimess ato!ono "'~14eresa G. Catalano 12 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~/9~-/a-~( ) SS: On this ~7~-- day of '~, , 2oo~, John V. Catalano known to me (or satisfactorily proven) to be the persofl whose name is subscnt~xl to the within instrument, and acknowledged that he execmed the same for the purposes therein contained. In witness whereof; I hereunto set my hand and official seal. Notary Public My Commission ExpiresI COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF 6~O*~/a.~._ ) NOTARIAL SEAL Dawn E. Ba6;uot, Nota~ Public Twp. of Lower NI, County of Cumberland My Commission Expires Oct. 16, 2003 Onthis /~'/'t'-clayof ~ , ~o0z ,TeresaG. Catalano, knowntome (or satisfactorily proven) to be the~p~son whose name is subscnt~ed to the within instrument, and acknowledged that she executed the stone for the purposes therein contained. In wimess whereof, I hereunto set my hand and official seal. My Commission Expires: J D, "Or^R LSE L J - wn E, Barefoot, Nat~n~ PubF- 1 · "~Y ~omm,ssion Ex~ires Oct. 13 LEGAL DESCRIPTION ALL THAT certain piece or parcel of land, situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, and described as follows, to wit: BEGINNING at a point on the southwesterly side of Carriage House Drive at the dividing line between Lots Nos. 22 and 23, Block B, of the bereina~er mentioned Plan, which point is two hundred sixteen and thirty-nine hundredths (216.39) feet from the south-westerly intersection of Conestoga Road and Carriage House Drive by an arc curving to the leiS, having a radius of one hundred twenty and forty-five hundredths (120.45) feet, an arc distance of seventy-four and fi~- six (74.56) feet to a point at the dividing line between Lots Nos. 1 and 23, Block B, of the Plan; thence by said lot line south nineteen (19) degrees nineteen (19) minutes thirty (30) seconds west one hundred forty-two and ninety-nine hundredths (142.00) feet to the dividing line between Lots Nos. 14 and 23, Block B, ofthe Plan; thence by said lot line and by the line of Lot No. 15, Block B, of the Plan, north eighty four (84) degrees fourteen (14) minutes west seventy-four and fifty- four hundredths (74.54) feet to the dividing line between Lots Nos. 16 and 23, Block B ofthe Plan; thence by same north twenty-three degrees fifty-nine minutes west one hundred six (106.0) feet to a point at the dividing line between Lots Nos. 22 and 23, Block B, of the Plan; thence by said lot line north fiRy-four (54) degrees forty-seven (47) minutes thirty (30) seconds east one hundred twenty-nine and seventy-five hundredths (129.75) feet to a point on the southwesterly line of Carriage House Drive, the place of BEGINNING. BEING Lot No. 23, Block B, Plan No. 6 of Pinebrook as recorded in the Cumberland County Recorder's Office in Plan Book 17, page 57. HAVING erected thereon a 2 story dwelling known and numbered as 3832 Carriage House Drive. BEING the same premises which Hugh F. McCaffery and Carole B. McCaffery, his wife, by their Deed dated September 16, 1967 and recorded in the office ofthe Recorder of Deeds of and for Cumberland County in Deed Book N Volume 22, Page 105, granted and conveyed unto Louis J. Sheehan and Joan L. Sheehan, his wife; which by special warranty Deed dated September 7, 1988 and recorded in the office ofthe Recorder of Deeds of and for Cumberland County in Deed Book O Volume 33, Page 1112 was conveyed pursuant to the terms of a Divome Settlement Agreement dated September 7, 1988, to Louis J. Sheehan. EXHIBIT JOHN V. CATALANO, Plaintiff TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil T~m : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) or (d) of the __D~vorce Code was filed on February 20, 2002, and was served upon the Defend_ant on or about February 26, 2002. Proof of Service was filed on March 4, 2002. 2. The marriage ofthe plaintiffand Defendant is irretrievably ~oken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, di,~ [sion of property, lawyers fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in thi.q affidavit are true and corr&zt. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~904 relating to unswom falsification to authorities. DATE: TERESA~. CATALANO JOHN V. CATALANO, Plaintiff Mo TE~SA G. CAT~O, Defen~t : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil T¢~m : : CIVIL ACTION - LAW : IN DIVORCE ~lmA~T OF CONSE~ 1. A Complaint in Divorce under §3301(c) or (d) of the Divorce Code was filed on 2002, and was served upon the Defendant on or about Febr~mry 26, 2002. The Proof February 20, of Service was fil~ on March 4, 2002. 2. The ~e ofthe P~t~d ~fen~t ~ ~evab~ ~oken and ~ (~) ~ys ~ve ehpsed from the date of~ the Comp~t. 3. I consem to the ent~ ofa ~ decree of divorce. ' 4. I unde~m~ ~t I may lose ~ts con~ alimony, ~ion of~o~, h~er's fees or e~nses WI do not e~m them ~fore a ~vome ~ ~ted. I v~ ~t the ~tements ~e in thi.q ~da~t are true ~ co~t. I ~eraand ~t ~l~ statements herein are ~de subject to the pe~ies of 18 Pa. C.S. §4904 rehting to unswom falsification to authorities. DATE: ~/~ /.~ 2e~> VFC ~TALANO JOHN V. CATALANO, Plaintiff TERESA G. CATALANO, Defendont : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OR (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce withoutlnotice. 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 dec3ee is emered by the Court and that a copy of the decree will be sent to me immediately after it is fil~d with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that fal~ statemems herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. V. CATAL.~ JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defend~r~t : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-876 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e} OR (d) OF THE DIVORCE ~ODE 1. I consent to the entry of a final decree of divorce without i notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses [fi do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce declee is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are tree and correct. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. - TERESA G. CATALANO JOHN V. CATALANO, Plaintiff Vo TERESA G. CATALANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-876 Civil T¢im : CIVIL ACTION- LAW : IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint:02/26/02 Certified mail~ restrict_ed delivery 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 the Plaintiff.06/14/02, by the Defendant 06/14/02. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice ofimention to file praecipe to transmit record, a copy of which is attached, if the decree is to he entered under Section 3301 (d) of the Divorce Code: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary 06/19/02. Date Defendant's Waiver of Notice in Section 3301 (e) was filed with the Prothonotary 06/t 9/02. Date: 01Zg[07_.. ~i ' rn C. Kollas, Esquire Attorney for the Plaintiff IN THE cOUrT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. ..JOHN._~ .... CATALANO, ......................................... ................... Plaintiff Versus ..~RESA.~ ..... CATALAN0, ........................ ................................. Defendant ................ DECREE IN ................... ' is ordered and decreed that .. John.v....catalano ............................ , plaintiff, and . .Teresa. G....Catalano .................................. 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; The marital settlement agreement between the parties was executed o..n..M.a.y..7.,..2..0Q.2.,...a.n.d, is .i.n..cQ.r.p.Q.r~.t.e.d...b.g~..np.t..~;:.g~d. ~,rl~o..thi~.., Decree in Divorce. '~ custody agreement between the parties was filed .on./~arch .2] .,..2002.,..and .is. inc©r{~ora~d, but .no.t .merge~..i.nto this Decree ink, Divorce. Prothonotary