HomeMy WebLinkAbout05-2874
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KIM N. LUISI,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
2005 _ :J.~7~
JOSEPH A. LUISI,
Defendant
: CIVIL ACTION - LAW
: 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 of 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, One Courthouse Square, Carlisle,
Pennsylvania 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE
ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
717-249-3166
KIM N. LUISI,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. as'..:Jf1f 2005
JOSEPH A. LUISI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Kim N. Luisi, by and through her
attorneys, Wix, Wenger & Weidner, and files the within Complaint against the
Defendant, averring as follows:
Count I - Divorce Under ~ 3301lc) and ~ 3301ld) ofthe Divorce Code
1. Plaintiff is Kim N. Luisi, an adult individual who currently resides at
1308 Abington Way, Mechanicsburg, Cumberland County, Pennsylvania 17050.
Plaintiff has lived at said address since May, 2002.
2. Defendant is Joseph A. Luisi, an adult individual who currently resides
at 1001 Nanroc Drive, Unit #12, Mechanicsburg, Cumberland County, Pennsylvania
17055. Defendant has lived at such address since April 30, 2005.
3. Plaintiff and Defendant have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on September 25, 1999, in
Carlisle, Cumberland County, Pennsylvania.
5. The Plaintiff and Defendant are both citizens of the United States of
America and are not members of the Armed Forces.
. -
6. There have been no prior actions of divorce or for annulment between
the parties in this or any other jurisdiction.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff
may have the right to request that the Court require the parties to participate in
counseling.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree
of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce
Code of 1980, as amended (the "Divorce Code").
Count II - Eauitable Distribution
9. Paragraphs 1 through 8 hereof are incorporated herein by
reference.
10. During the marriage, Plaintiff and Defendant have acquired
various items of marital property, both real and personal, which are subject to
equitable distribution under Section 3501 of the Divorce Code.
11. Defendant may have owned, prior to the marriage, property, real
and personal, which property has increased in value during the marriage and/or
which has been exchanged for other property, which has increased in value during
the marriage, all of which is "marital property."
12. Plaintiff and Defendant have been unable to agree as to an
equitable division of said property to the date of the filing of this Complaint, and
portions of said property are in the exclusive control of Defendant.
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WHEREFORE, Plaintiff requests this Honorable Court to enter an
Order of equitable distribution of marital properly pursuant to Section 3502 (a) of
the Divorce Code.
Count III - Alimonv
13. Paragraphs 1 through 12 are incorporated herein by reference.
14. Plaintiff lacks sufficient property to provide for her reasonable
needs and is unable to support herself through appropriate employment.
15. Plaintiff requires reasonable support to adequately maintain
herself in accordance with the standard of living established during the marriage.
16. Defendant has sufficient income and property to provide alimony
to Plaintiff.
WHEREFORE, Plaintiff requests this Honorable Court to grant her
permanent alimony.
Count IV- Alimonv Pendente Lite, Counsel
Fees, Costs and Expenses
17. Paragraphs 1 through 16 are incorporated herein by reference.
18. Plaintiff is unable to sustain herself during the pendency of this
divorce action.
19. Plaintiff lacks sufficient property to provide for reasonable needs
and is unable to sustain herself through appropriate employment in accordance
with the standard of living established during the marriage.
20. Plaintiff has employed counsel, but is without sufficient means to
pay Ihe necessary and reasonable attorneys' fees for said counsel.
21. Plaintiff may be in need of hiring experts and does not have the
. -
funds necessary to pay the necessary and reasonable fees.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
award of alimony pendente lite, temporary counsel fees, costs and expenses and
to order such additional sums thereafter as may be deemed necessary and
appropriate and, at final hearing, to further award such additional counsel fees,
costs and expenses as are deemed necessary and appropriate.
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. ~4904, relating to unsworn falsification to authorities.
Y-ylm n.dL~
Kim N. Luisi
DATED: U JJ. Jos
B
/ Step en J. Dzu
/ Attorney I.D. # 53
/ 508 North Second S eet
L P.O. Box 845
Harrisburg, PA 17108-0845
(717) 234-4182
Attorney for Plaintiff
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Constance P. Brunt, Esquire
Supreme Court m #19933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(7t 7) 232-7200
cpbrunt@paonline.com
KIM N. LUISI,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: CIVIL ACTWN - LAW
v.
: NO. 2005 - 2874
JOSEPH A. LUISI,
Defendant
: IN DIVORCE
ACCEPTANCE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, attorney for the Defendant, JOSEPH A. LUISI,
in the above-captioned divorce action, hereby accept service of the Complaint in Divorce filed on
June 3, 2005, in the Court of Common Pleas of Cumberland County, Pennsylvania, and certify
that I am authorized to do so.
Date: 7/ f /tr
A~~
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court LD. No. 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, P A 17110
(717) 232-7200
Attorney for Defendant
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MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT (the "Agreement") is made as of
the 31st day of March, 2006, by and between Joseph A. Luisi, an adult individual residing
at 1001 Nanroc Drive, Unit 12, Mechanicsburg, Cumberland County, Pennsylvania (the
"Husband") and Kim N. Luisi, an adult individual residing at 1308 Abington Way,
Mechanicsburg, Cumberland County, Pennsylvania (the "Wife"). Husband and Wife may
be referred to herein collectively as the "Parties" or individually as a "Party".
Recitals
The background of this Agreement is as follows:
R-1. The Parties hereto, being Husband and Wife, were lawfully married on
September 25, 1999, in Carlisle, Cumberland County, Pennsylvania.
R-2. There were no children born of the marriage between Husband and Wife.
R-3. Wife has filed a divorce action under Section 3301 (c) and Section 3301 (d) of
the Pennsylvania Divorce Code (the "Divorce Code") in the Court of Common Pleas of
,
Cumberland County, Pennsylvania, which action is docketed to No. 2005-2874 (the
"Divorce Action").
R-4. Differences have arisen between Husband and Wife and, as a result, they
live separate and apart from each other and have done so continuously since April 30,
2005 (the "Separation Date"), and intend to do so for the rest of their natural lives; and
the Parties hereto are desirous of settling fully and finally their respective personal,
financial and property rights and obligations as between each other, including, without
limitation, the settling all issues relating to equitable distribution, spousal support,
alimony, alimony pendente lite, and payment of counsel fees and costs associated with
the Divorce Action.
NOW THEREFORE, in consideration of the mutual promises, covenants, and
undertakings herein contained, the Parties hereto, each INTENDING TO BE LEGALLY
BOUND HEREBY, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference as if
set forth in full.
2. Divorce. It is specifically understood and agreed by and between the Parties, and
each Party does hereby warrant and represent to the other that, as defined in the
Divorce Code, their marriage is irretrievably broken. Wife filed the Divorce Action
on or about June 3, 2005 and the Parties agree to take all legal steps (including the
timely and prompt submission of all documents and the taking of all action)
necessary to assure that a divorce pursuant to Section 3301 (c) of the Divorce Code
is entered as soon as possible. This Agreement shall be incorporated by reference,
but not merged into the Divorce Decree presented to the Court. Husband and Wife
shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively
deem fit, free from any control, restraint, or other interference whatsoever by the
other. Neither Party shall molest the other nor endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceedings. The foregoing
provision shall not be taken to be an admission on the part of either Husband or
Wife of the lawfulness or unlawfulness of the causes leading to their living apart.
3. Marital Residence. The Parties are the owners, as tenants by the entireties, of
certain real property located at 1308 Abington Way, Mechanicsburg, Cumberland
County, Pennsylvania (the "Marital Residence"). The Parties agree that the
Marital Residence shall be sold as soon as economically feasible. Upon the
closing on the sale, the then current mortgages to National City Mortgage and
Community Banks shall be paid off, and Wife shall receive all remaining net
proceeds after payment of normal and customary closing costs for the seller.
Husband agrees to continue to pay the expenses relating to the Marital
Residence and/or as otherwise listed on Exhibit A, which is attached hereto and
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incorporated herein by reference as if set forth in full, in the same manner as
Husband has done since the Separation Date, which expenses shall be paid until
the last of the following to occur:
a. Entry of a Final Divorce Decree in the Divorce Action;
b. Closing on the sale of the Marital Residence;
provided, however, that in no event shall such obligation exceed nine (9) months
after the date of this Agreement. In the event the Marital Residence is not sold
within nine (9) months after the date of this Agreement, Wife agrees to use her
good faith efforts to refinance the mortgages and any other liens (except any
such liens that were the result of action or inaction of Husband, which shall be
the sole responsibility of Husband) on the Marital Residence, or to remove
Husband from the same, within three (3) months thereafter. The parties agree to
execute any and all documents to effectuate the terms of this provision,
including, without limitation, a deed from both parties, leaving the grantee blank,
a seller's affidavit, and any other documents necessary to sell or refinance the
Marital Residence as contemplated herein.
4. Husband's Residence. On or about April 21 ,2005, Husband purchased, in
Husband's name, a condominium unit located at 1001 Nanroc Drive, Unit 12,
Mechanicsburg, Cumberland County, Pennsylvania (the "Nan roc Property"). Wife
hereby waives any and all interest she may have in and to the Nanroc Property.
Husband shall be solely liable for all mortgages, taxes, insurance, repairs and
maintenance relative to the Nanroc Property and shall save Wife harmless from
any and all liability arising out of the same.
5. Investment Properties. During their marriage, the Parties have acquired certain
real estate properties (the "Investment Properties"), which are all marital property.
The Parties agree to divide the Investment Properties as set forth on Exhibit 8,
3
which is attached hereto and incorporated herein by reference as if set forth in full.
a. Each Party hereby waives any and all interest in and to the Investment
Properties of the other and agrees to execute and deliver to the other
Party a Quit Claim Deed confirming the same. The receiving Party shall
be responsible for recording the Quit Claim Deed for the Investment
Properties attributable to him or her. Subject to subparagraph b below, the
Party receiving sole ownership of each Investment Property shall be solely
liable for all mortgages, taxes, insurance, repairs and maintenance relative
to his or her respective Investment Properties and shall save the other
Party harmless from any and all liability arising out of the same. To the
extent that a Party fails to timely make payments for such mortgages,
taxes, or insurance on the Investment Properties while the other Party is
still liable for the mortgage on the property, the other Party shall have the
right to require the said Party to immediately take all steps necessary to
remove the other Party from the mortgage obligation on said property. In
any event, each Party agrees to use his or her good faith efforts to
refinance the Investment Properties attributable to him or her, within eight
(8) months from the date of this Agreement. If the Party who has the said
Investment Property fails to then remove the other Party from the
mortgage within sixty (60) days after receipt of the notice requiring same,
or within eight (8) months from the date of this Agreement, as applicable,
the other Party shall have the right to require the said property to be sold
in order to relieve the other Party from the mortgage obligation.
b. The Parties acknowledge that Husband has been handling all income and
expenses relating to the Investment Properties and that Wife has had no
responsibility for, or received any income from, the Investment Properties.
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The transfer of each Party's rights to the Investment Properties shall
become effective as of the first day of the month immediately following the
date of this Agreement. Husband agrees to immediately forward to Wife
all records relative to the Investment Properties to which she will obtain
sole title, including, without limitation, copies of all current leases along
with proper assignments of those leases, all tax, income and expense
records, and any information in Husband's possession or contol. In the
event any of the rents, costs or expenses relative to the Investment
Properties to be transferred to Wife are for a period of time other than the
date of the transfer going forward, Husband shall be responsible for a pro
rated portion of the same. By way of example and not limitation, all school
taxes relative to the Investment Properties shall be pro rated such that
Husband pays for the time period of January 1, 2006 until the first day of
the month following the date of this Agreement and Wife shall be
responsible for the time period beginning on the first day of the month
immediately following the date of this Agreement until the end of 2006.
6. JAL TradinQ Company. Husband is the sole owner of the company known as JAL
Trading Company ("JAL"). Subject to the rights set forth below relative to the
Water Street Note and Mortgage, Wife hereby waives any and all interest she may
have in and to JAL and Husband agrees to hold Wife harmless from any and all
obligations, liabilities and claims against JAL. Husband agrees to cause JAL to
transfer to Wife all of the rights in and to a certain Mortgage Note from Seymore A.
Levine and Tiffany A. Levine (the "Levines") dated May 17, 2004 (the "Note") and
Mortgage securing the same with property at 424 Water Street, New Cumberland,
Pennsylvania (the "Mortgage"). Husband agrees to execute, on behalf of JAL, an
assignment of note and mortgage, in recordable form, to effectuate this transfer.
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Husband further agrees to cooperate to notify the Levines of the assignment and to
direct them to make all further payments to Wife.
7. Distribution of Personal Property and Bank Accounts. Husband and Wife
acknowledge they have divided the personal property acquired during the marriage
and their marital bank accounts, which have now been closed, to their mutual
satisfaction. Except in the case of failure of either Party to disclose the same, each
Party hereby specifically agrees and by this Agreement does hereby release all of
his or her right, title, and interest to the personal property in the other Party's
possession and to any monies obtained from the marital bank accounts.
8. Automobiles. Husband and Wife agree that the Parties shall retain full ownership
of the vehicles currently in their possession as follows:
a. Wife shall retain ownership and possession of the 1999 Lexus RX 300 SUV
or its replacement.
b. Husband shall retain ownership and possession of the 2001 Audi TT Coupe.
c. Each Party shall be responsible for all payments on loans secured by his or
her automobile, repairs, insurance and all other costs incurred as a result of
such ownership and each Party agrees to execute any documents
reasonably to confirm the proper ownership of any such vehicle upon
presentation of such documentation by the other Party
9. Retirement Accounts. Each of the Parties shall retain sole ownership of the
following pension, retirement, profit sharing or similar accounts:
a. Wife shall retain sole ownership of the Scudder Investments IRA Account
and the Japan Fund IRA in her name, or their replacements, including,
without limitation, all income, increases in value or additions after the
Separation Date to the same.
b. Husband shall retain sole ownership of the Alaron Account and the AIM
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Investments IRA Account in his name, or their replacements including,
without limitation, all income, increases in value or additions after the
Separation Date to the same.
10. Alimony Pendente Lite, Alimony, Spousal Support. Husband and Wife
recognize and acknowledge that the foregoing provisions for their individual
benefit are satisfactory with regard to support and maintenance, past, present
and future. The Parties release and discharge the other absolutely and forever
for the rest of their lives from all claims and demands, past, present or future, for
alimony, alimony pendente lite or for any provision for support or maintenance
relating to the Divorce Action. The Parties further acknowledge that in
consideration of the transfers made herein each completely waives and
relinquishes any and all claims and/or demands they may now have or hereafter
have against the other for alimony, alimony pendente lite, spousal support,
counsel fees and court costs. Within ten (10) days from the date of Wife's receipt
of the reimbursement for attorney fees from Husband as provided in paragraph
17 below, Wife shall dismiss the support action in the Cumberland County
Domestic Relations Office.
11. Tax Returns. The Parties agree to file their 2005 Federal tax return as married
filing jointly. Any refund from said return shall be divided equally between the
Parties. Any payments owing on said return shall be the sole obligation of
Husband. Additionally, in the event any prior joint tax return of the Parties is
reviewed or audited by the IRS, which review or audit results in a payment from the
Parties, Husband agrees to make such payment in a timely manner, subject to
Husband's right to appeal any such assessment, and Husband agrees to indemnify
and hold Wife harmless from any obligation, liability or claim for the same.
12. After-ACQuired Property. Husband and Wife each acknowledge that they have
7
been living separate and apart since the Separation Date, and each Party expressly
waives and relinquishes any right or interest he or she may have in any property of
the other acquired after the Separation Date.
13. Joint Debts. Husband and Wife represent that there are no joint debts or other
obligations incurred by either of them currently outstanding with respect to which
the other Party may incur any liability now or in the future. Wife agrees to assume
sole obligation for the Chase Visa account in her sole name. Except as otherwise
expressly set forth herein, each Party shall be solely responsible for and each
hereby indemnifies and holds the other Party harmless from, any and all debts,
liabilities, and obligations, incurred by such Party either before or during the
marriage or after the Separation Date, including without limitation, any attorneys
fees actually incurred by the indemnified Party in defending against such debts,
liabilities, and obligations and in enforcing the terms of this indemnification.
14. Future Debts. Neither Party shall contract or incur any debt or liability for which
the other Party or his or her property or estate might be responsible, and each
Party hereby agrees to indemnify and save harmless the other Party from any and
all claims or demands, including attorneys' fees and costs, made against the other
by reason of debts or obligations incurred by such Party.
15. Indemnification. Each Party hereby expressly agrees to indemnify and hold
harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, that may arise in connection with any obligation, joint or otherwise,
whether or not such indemnification is otherwise specifically required herein, for
which the Party has agreed hereunder to bear sole responsibility, or which the
Party has failed to disclose and provide for herein.
16. Other Writinas. Each of the Parties hereto agrees to execute any and all
documents, deeds, bills of sale or other writings necessary to carry out the intent of
8
this Agreement or any part thereof, without undue delay or objection.
17. Counsel Fees. Husband agrees to reimburse Wife for $10,000 of her attorney's
fees relating to the Divorce Action, which payment shall be made no later than
ninety (90) days from the date of this Agreement.
18. Mutual Release. Except as otherwise specifically provided herein, the Parties
hereby release and discharge, absolutely and forever, each other from any and all
rights, claims and demands, past, present, or future, specifically, without limitation,
from claims to alimony pendente lite, alimony, spousal support, division of property,
claims or rights of dower and right to live in the marital residence, the right to act as
executor or administrator in the other's estate, the rights as devisee or legatee in
the Last Will and Testament of the other, any claim or right as beneficiary in any life
insurance policy of the other, and any claim or right in the distributive share or
intestate share of the other Party's estate.
19. Entire AqreementlAmendment. This Agreement constitutes the entire
understanding between the Parties, and there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those herein contained. This Agreement may be amended by the Parties only
by a written instrument signed by both Parties hereto.
20. Nonwaiver of Performance. This Agreement shall remain in full force and effect
unless and until terminated under and pursuant to the terms of this Agreement.
The failure of either Party to insist upon strict performance of any of the provisions
of this Agreement shall not be construed as a waiver of any subsequent default of
the same or similar nature.
21.lnvaliditv. If any term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and in all other
9
respects, this Agreement shall be valid and continue in full force, effect and
operation as if such provision had not been initially included. The failure of any
Party to meet her or his obligations under anyone or more of the paragraphs
herein, with the exception of the satisfaction of the conditions precedent, shall in no
way avoid or alter the remaining obligations ofthe Parties.
22. Breach. If either Party materially breaches any provision of this Agreement, the
other Party shall have the right, at his or her election, to sue for such breach at law
or in equity to enforce any rights and remedies which the Party may have, and the
Party breaching this Agreement shall be responsible for legal fees and costs
incurred by the other in enforcing his or her rights under this Agreement.
23. Governina Law. This Agreement shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
24. Successors in Interest. Except as otherwise provided herein, this Agreement
shall be binding upon and inure to the benefit of the Parties hereto, their respective
heirs, executors, administrators, successors or assigns.
25. Financial Disclosure and Use of Cooperative Process. After consultation with
their respective counsel regarding the options for use of legal services in divorce,
the Parties elected to use a cooperative process to make the decisions
necessary under the circumstances. The Parties committed to full and fair
disclosure of all assets, incomes, debts and other information needed for full and
complete settlement. Each Party had the opportunity to request information and
receive copies of any documents requested including, but not limited to,
statements regarding investment, retirement, checking and savings accounts,
deeds and real estate settlement sheets. Neither Party wishes to make or
append hereto any further enumeration or statement. Each Party acknowledges
that he or she is sufficiently familiar with the assets and income of the other to
10
make an informed decision regarding the content of this Agreement. Each Party
warrants that he or she is not aware of any marital asset which is not identified in
this Agreement. Each Party understands that he/she had the right to obtain from
the other Party a complete inventory or list of all property that either or both
Parties owned at the time of separation or currently and that each Party had the
right to have all property valued by means of appraisals or otherwise. In arriving
at the agreement set forth in this Agreement, Husband and Wife have applied
their individual standards of reasonableness and acceptability. The conclusions
they have reached are based in part on the respect and regard for each other.
From time to time, in order to measure the appropriateness of their conclusions,
the Parties have considered what might happen if the matter were adjudicated in
court; but they have elected to make their final agreement without regard to
whether a court might have adjudicated issues in the same manner as they have
agreed here. Husband and Wife represented to one another throughout the
cooperative process that their negotiations were in good faith and that each had
fully and completely disclosed all financial information necessary or requested in
order to resolve the Parties' property and support rights fairly. By their signature
on this Agreement, they reaffirm those representations, upon which each of them
has relied in making this Agreement.
26. LeQal Effect. The provisions of this Agreement are intended to effect a
legally binding property settlement between the Parties. Wife has been
represented by Wix, Wenger & Weidner and Stephen J. Dzuranin, Esquire.
Husband has been represented by Constance P. Brunt, Esquire. Each Party
acknowledges that he or she each has read this Agreement, has been
afforded sufficient time to discuss this Agreement and all financial
information related to this Agreement with counsel, fully understands the
11
facts, and has been fully informed as to his or her legal rights and obligations
by counsel, and each Party acknowledges and accepts that this Agreement is
fair and equitable, that it is being entered into freely and voluntarily and that
this Agreement and the execution thereof is not the result of any duress,
undue influence or collusion.
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the
day and year first above written.
WITNESS:
HUSBAND:l
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF &'1 t,;...
SS.
On this, the flfl.{jayof IJ~ , 2006, before me, a Notary Public, the
undersigned officer, personally llppeared Joseph A. Luisi, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing
instrument and acknowledged that he executed the same for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Constance P. Brunt, Notary Public
Susquehanna Twp" Dauphin County
My Commission Expires Oct. 20. 2009
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF-~'J
On this, the ~ day of 4prup , 2006, before me, a Notary Public, the
undersigned officer, personally appeared Kim N. Luisi, known to me (or
satisfactorily proven) to be the person whose name is signed to the foregoing
instrument and acknowledged that she executed the same for the purposes therein
expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
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" 'Ml f/17 'm/J1flJ1
Notary Public
My Commission Expires: 'T112J2~Of
(SEAL)
COMMONWEALTH OF PENNSYLVANtA
Not\U"lZ.1 Seal
Harva Owings Baughman. Notary Public
City of Harrisburg, Dauphin County
My Commission Expires July 12, 2008
Member. Pennsylvania Association of Notaries
13
Exhibit A
List of Expenses to be Paid by Joe
Until Marital Residence is Sold
1. First Mortgage to National City Mortgage Company
2. Second Mortgage to Community Banks
3. Real Estate Taxes
4. Hazard Insurance Policy Premium
5. Comcast Cable
6. Internet
7. The following utilities:
a. Electric
b. Gas
c. Sewer/trash
d. Water
e. Phone (land line in the home)
f. Lawn care
8. All reasonably necessary repairs to maintain the home and keep it
ready for sale, including, without limitation the recent roof repair.
14
Exhibit B
Investment Properties
Wife shall have the following of the Investment Properties:
1. 218 Walnut Street, Lemoyne, Cumberland County, Pennsylvania.
2. 1315 North Pitt Street, Carlisle, Cumberland County, Pennsylvania.
3. 9 Hummel Avenue, Lower Allen Township, Cumberland County,
Pennsylvania.
Husband shall have the following of the Investment Properties:
1. 603 West Keller Street, Mechanicsburg, Cumberland County, Pennsylvania.
2. 511 Market Street, New Cumberland, Cumberland County, Pennsylvania.
3. 2501 Mill Road, Upper Allen Township, Cumberland County, Pennsylvania.
4. 42 South 18th Street, Camp Hill, Cumberland County, Pennsylvania.
15
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,
..
KIM N. LUISI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2005 - 2874
JOSEPH A. LUISI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on June
3, 2005.
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.
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. S4904 relating
to unsworn falsification to authorities.
~ 'Y'<l (l Qu..~
Kim N. Luisi, Plaintiff
DATE: /lf1A-l
II
,2006
c.
c-,
.
..
Constance P. Brullt. Esquire
Supreme Court ID #Z'J9JJ
Beaufort Professional Center
1820 UlIglcstowlI Road
Harrisburg. PA 17110
1717) 232.7200
c(1brullt@paonline.com
KIM N. LUISI,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
CIVIL ACTION - LAW
v.
NO. 2005 - 2874
JOSEPH A. LUISI,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on June 3, 2005.
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 In Divorce after service of notice of
intention to request entry of the decree.
J 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.
S4904 relating to unsworn falsification to authorities.
DATE:
'/I(I/c~'
r I
/'/
'~ --"
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''',".
C_'
,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 2874
KIM N. LUISI,
Plaintiff
JOSEPH A. LUISI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER !l 3301{c)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the decree will be sent to me immediately after it is filed
with the prothonotary.
I verify that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsifications to authorities.
'6.../'1') n 4LU~
Kim N. Luisi, Plaintiff
Dated:
/l!J~ti II
, /
,2006
"
,
(
.....
Constance P. Brunt. Esquire
Supreme Court ID #29933
Beaufort Professional Ccnler
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232.7200
cphrunt@paonlinc.com
KIM N. LUISI,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
CIVIL ACTION - LAW
v.
NO. 2005 - 2874
JOSEPH A. LUISI,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(CI AND ~3301(DI OF THE DIVORCE CODE
1. I consent to the entry of a final Decree In Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by
the Court and that a copy of the decree will be sent to me immediately after it is filed
with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
, .
j
understand that false statements herein are made subject to the penalties of 18
Pa.C.S ~4904 relating to unsworn falsification to authorities.
DATE 'fl'l/e-It'
,
,/~?
. ~
c:"
,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2005 - 2874
KIM N. LUISI,
Plaintiff
JOSEPH A. LUISI,
Defendant
CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section [3301(c)
3301 (d)] of the Divorce Code. (Strike out inapplicable section).
2. Date of filing and manner of service of complaint filed June 3, 2005,
served by regular mail upon Defendant on June 6, 2005. Acceptance of Service signed
by Defendant's attorney was filed on July 14, 2005.
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 April 11 , 2006; by Defendant April 11 , 2006.
(b) (1) Date of execution of the affidavit required by ~3301 (d) if the Divorce Code:
N/A;
N/A.
(2) Date of filing and service of the Plaintiff's affidavit upon the respondent:
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 a
copy of which is attached: N/A.
(b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: April 20,
2006.
Date Defendant's Waiver of Notice was filed with the Prothonotary: April
20, 2006.
Respectfully submitted,
Date: April 20, 2006
t/'
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
KIM N.
LUISI,
PENNA.
STATE OF
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2005 - 2874
Plaintiff
No.
JOSEPH A.
VERSUS
LUISI,
Defendant
DECREE IN
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DIVORCE
~ ,H:\\
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, \00<", IT IS ORDERED AND
AND NOW,
KIM N.
LUISI
, PLAINTIFF,
DECREED THAT
JOSEPH A.
LUISI
, DEFENDANT,
AND
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ARE DIVORCED FROM THE BONDS OF MATRIMONY. The Marital Settlement
Agreement dated March 31, 2006, a copy of which is attached hereto, is
incorporated herein by reference but not merged into this Decree in Divorce.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAtSED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
By THE COURT:
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PROTHONOTARY
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