Loading...
HomeMy WebLinkAbout05-3633 'Y ~ :tt:- -It-or 3~33 ~ \\ INRE: IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR HERNANDO COUNTY, FLORIDA F AMIL Y LAW DIVISION OFFICIAL RECORDS ** ~ The Marriage of ;~: 17&7 PG: 1&'9 ANTHONY J. CAPONIGRO Husband, c:) CASE NO.: H-0027-DR-2003-2-WI C":J and JOANNE R. CAPONIGRO Wife. FILE# 2003-083734 HERNANDO COUNTY, FLORIDA RCD 12M 10 2003 02:11pm KAREN NICOLAI, CLERK -'~. / .,~' .. '! FINAL JUDGMENT OF DISSOLUTION OF MARRIAGE THIS CAUSE came before the Court for entry of a final judgment of dissolution of marriage. The court, having reviewed the file, makes the following findings offact and conclusions of law: A. This court has jurisdiction over the subject matter and the parties. B. At least one party has been a resident ofthe state of Florida for more than six months immediately before filing the Petition for Dissolution of Marriage. C. The marriage between the parties should be dissolved because the man-iage is irretrievably broken. D. The Parties were married on January 29, 2001 in Hernando County, Florida, and separated on or about October 1, 2002. E. There are no minor children of the marriage, none were adopted and none are expected. F. The Parties have waived the requirement of a final hearing. Therefore. it is ORDERED AND ADJUDGED as follows: 1. The parties shall be granted a Dissolution of Marriage on the basis that the Parties' marriage is irretrievably broken and the Parties are restored to the status of being single. 2. The Marital Settlement Agreement, which has been filed in this case is ratified and made a part of this judgment, and the Parties are ordered to obey all of its provisions. 3. The Court reserves jurisdiction to enforce the terms of this order and all documents ** OFFICIAL RECORDS ** incorporated into it. BK: 1 767 PG: 1 6"3,3 DONE AND ORDERED in Chambers, Brooksville, Hernando County;.FI6ridatb,is. 1....1 . ..nm,., , "''t; 1::/(1 day of ML ,2003. . ')' .. \ :'\i'\ \,\ ,,'-!:.; :',;:-~ ~~~.S;; DANIEL B. MERRITT, SR. Circuit Court Judge , ;{,~ ,) ','1 1..: I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U.S. Mail to Nancy McClain Alfonso, Esquire, 38416 Fifth Avenue, Zephyrhills, Florida 33542; Anthony Caponigro, 6017 Idle-A-While Circle, Ridge Man~<<:lorida 33523; Joan Caponigro, 1280 West Lisburn Road, Mechanicsburg, PA 17055, this~ yoft 00 AI_ j, OA../ 2003. f~l;., ~ ~-JI:?~ Judicia Assistant,C:! A STATE Of flOlllOA ~ "" "'" \ COUN1Y Of HEllNANDO ~~~,~'f..or:c", This Is to certify that the ;""~',J;.\"""?<L" foregoing Is 0 true ond correct , ~ '~'<I':: C'~"~ i copy of the O!1glnol on file. ~ ~: 'flt' In my offlce. ~ \: \ii:* ~ Wltnessmyh 0 I .. . . ~ ~ -. hi '. ~ '- .:~ ;' sa", t s I 't.:.. .,..it .. Koren Nicol . l ''7>..' . ..., .. !'T)........... <('i" By: \ ~.} Cry:~n~~' _ -- Clerk \\"\"".....- IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CmCUIT OF THE STATE OF FLORIDA, IN AND FOR HERNANDO COUNTY INRE: The Marriage of ** OFFICIAL RECORDS ** BK: 1757 PG: 15'94 C:J C~) ~ ;--. ANTHONY J. CAPONIGRO Husband, ;:'";..,,:::- and I _co, CASE NUMBER: \1,- ~")-C1il..~t:.~d':~d.;)O\-Q); -'::::':;':c'" ::;" '- ~ DIVISION: - c. '. ~ ;;;S"":- _,r., - :-._~ JOANNE R. CAPONIGRO Wife. ',J) / MARITAL SETTLEMENT AGREEMENT TillS AGREEMENT entered into this &~ay of February 2003, by and between ANTHONY J. CAPONIGRO, (hereinafter referred to as "Husband") and JOANNE R. CAPONIGRO, (hereinafter referred to as "Wife"), and collectively referred to as "the Parties": WITNESSETH WHEREAS, the Parties hereto were married on January 2911 ,2001 in Hernando County, State of Florida and are currently living in the same residence, although not as husband and wife; and WHEREAS, no children were born of this marriage, none were adopted, and none are expected; and WHEREAS, the Parties aclmowledge that irreconcilable differences have arisen between the Husband and Wife such that their marriage is irretrievably broken and dissolution of marriage proceedings are imminent; and WHEREAS, the Parties desire to define their respective obligations to each other and to record their understandings and agreements; and the Parties desire to amicably adjust certain property rights and obligations arising by virtue of their marriage; and the Parties desire to settle and adjust all rights and claims to each other's estate, including all rights and claims of inheritance, maintenance, support, and alimony; and they wish to amicably settle other matters as are set forth herein. NOW, THEREFORE, in consideration of the premises and mutual covenants, promises and undertakings herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged between the Parties, the said Parties have agreed and do hereby agree as follows: ACKNOWLEDGMENTOFFA~SSOFAGREEMENT 1. The Parties have read this Agreement and have had the opportunity to have the terms and consequences explained to them by counsel and they believe and acknowledge this Agreement to be fair, just, and reasonable. Each of the Parties is acting without coercion or duress, and freely and voluntarily assents to its tenus and accepts its conditions, obligations, and mutual agreements. REPRESENTATION BY COUNSEL ** OFFICIAL RECORDS ** BK: 17&7 P6: 1&95 2. Throughout the negotiation, drafting, and execution of this Agreement, Husband has been represented by Ciara I. Rios, Esquire. Wife has been advised that Ciara I. Rios, Esquire does not and cannot represent her, and has further been advised to retain independent counsel. Notwithstanding this advice, Wife has chosen not to retain counsel. IMMINENT ACTION FOR DISSOLUTION 3. The Parties intend to file an action to dissolve their marriage in the Circuit Court ofthe Fifth Judicial Circuit in and for Hemando County, Florida. This Agreement is intended to be a full and complete settlement of all matters arising or which could have been brought in that action, including a division of marital assets, and provisions for support of Husband and Wife. This Agreement is intended to be introduced into evidence in that dissolution of marriage action, and to be incorporated in the Final Judgment of Dissolution of Marriage. However, the Parties do not intend for it to be merged in the Final Judgment. Rather, they wish it to survive the judgment and be binding on the Parties for all time. SEPARATION AND NONINTERFERENCE 4. At all times after the execution of this Agreement and during the pendency of dissolution proceedings, Husband and Wife shall be entitled to live separate and apart from each other, and each shall -2- be free from any interference, authority, and control, whether direct or indirect, by the other Party to the same extent as if they were unmarried. Each Party recognizes the right of the other to select his or her place of abode, and the right to live with another person if he or she should so choose. Each Party has the right to conduct any trade, business, or employment. Neither the Husband nor the Wife shall molest, disturb, or interfere with the other in any manner, nor shall they interfere with the peace or comfort of the other, nor attempt to resume cohabitation with the other. SPOUSAL SUPPORT ** OFFICIAL RECORDS ** BK: :1767 P6: 1696 5. The Parties waive all rights to alimony for purposes of support, whether permanent or rehabilitative. Husband and Wife agree that no alimony for purposes of support, whether permanent or rehabilitative, shall be paid from or to either spouse. MARITAL RESIDENCE 6. During the course of the marriage the Parties resided in a property located at 6017 Idle-A- While Circle, Ridge Manor Florida more legally described as follows: Lot 74 and the South 'I, of Lot 72, Ridge Manor Leisure Home Unit #1, according to the map or plat thereof, as recorded in Plat Book 6, Page 29, of The Public Records of Hernando County, Florida.1 Wife hereby acknowledges that said real property is non marital property of Husband. Wife agrees to waive in favor of Husband any interest she may have in said real property. Upon the execution hereof Husband shall have exclusive use and possession of the aforementioned real property and shall hold Wife harmless from any liabilities associated with said real property. EOillTABLE DISTRIBUTION OF ASSETS 7. Within ten (10) days of the execution hereof, Wife agrees to convey to Husband any claim, right, title or interest she has or may have in andlto a certain 200 I Dodge Pick Up Truck. Husband agrees Legal description prepared without benefit of title search or survey. -3- to hold Wife harmless and indemnifY her with respect to any and all liabilities related to said vehicle. 8. Wife agrees to convey in favor of Husband any claim, right, title or interest she has or may have in and/to Husband's Wachovia Bank Accounts #1020002369265 and # 3000019693337. Husband agrees to hold Wife harmless and inderrmifY her with respect to any and all liabilities associated to said ** OFFICIAL RECORDS ** accounts. BK: :1 7 & 7 P6: :1 & 9 7 9. Before their marriage each Party acquired an interest, as joint tenants with full rights of survivorship along with Rocco J. Caponigro and his wife Josephine A. Caponigro, in and to certain real property located in 33426 Pleasant Lane, Ridge Manor, Florida more legally described as follows: Lot 71 ,Ridge Manor Leisure Home Unit #l,as plat thereof, recorded in Plat Book 6, Page 29, of The Public Records of Heman do County, Florida.' Wife hereby agrees to convey her interest in said real property in favor ofthe remainingjoint tenants by executing and delivering to Husband a quit claim deed contemporaneous with the execution hereof. In consideration of such conveyance Husband agrees to pay Wife the sum of six thousand dollars ($6,000.00) in the following manner: A. On or before February 19th, 2003 Husband will pay Wife the sum of one thousand five hundred dollars ($1,500.00). B. Commencing on March 19th ,2003 and each and every third Wednesday of the month until November 19th, 2003, Husband will pay Wife the sum of five hundred dollars ($500.00) each month. Husband will mail said payments to Wife's address in the State of New Jersey. Wife further agrees to notifY Hushand of her new address in the State of New Jersey as soon as practicable. 10. Within ten (10) days of the execution hereof, Husband agrees to convey to Wife any Legal description prepared without benefit of title search or survey. -4- claim, right, title or interest he has or may have in andlto a certain 1999 Dodge. Wife agrees to hold Husband harmless and indemnify him with respect to any and all liabilities related to said vehicle. Wife further agrees to register said vehicle in her name and to obtain a new tag and insurance. Wife shall return to Husband the tag currently on the vehicle within forty five (45) days of the execution hereof. 11. The Parties agree that Wife will retain a VHS Panasonic Cam Corder model #PV-L5010, a Sharp VCR model # VCA400v and a White Westinghouse Television model WTV 1332 as her personal OFFICIAL RECORDS ** ** -,L..., PG: :1.&98 BK: :1. r ~ property . 12. The Parties agree that Husband shall be awarded all other property, whether real, personal, or mixed in his possession, custody or control, free from any claim by Wife, including but not limited to Husband's Pension from the Police and Firemen's Retirement System through the State of New Jersey and Husband's Social Security Benefits. Husband shall hold Wife harmless from any liabilities associated with said property. 13. The Parties agree that Wife shall be awarded all property, whether real, personal, or mixed in her possession, custody or control, free from any claim by Husband. Wife shall hold Husband harmless from any liabilities associated with said property. 14. As of the date of the execution of this Agreement, the Parties have equitably distributed all of the items of personal property obtained during the marriage to their mutual satisfaction. ALLOCATION OF DEBTS IS. The Parties agree that any and all liabilities in Husband's name shall be borne by Husband, who shall hold Wife harmless thereon. 16. The Parties agree that all liabilities in Wife's name shall be borne by Wife, who shall hold Husband harmless thereon. 17. Neither party shall pledge the credit of the other party now, or in the future, and the Parties shall immediately close any charge accounts for which there is joint liability. -5- INCOME TAX RETURN FOR 2002 TAX YEAR 18. The Parties agree to file joint federal income tax returns for the calendar year 2002. The Parties agree to equally divide any amount paid hy the Internal Revenue Service concerning same. Husband ** OFFICIAL RECORDS ** agrees to be individually liable for any tax liability incurred. BK: :1 76 7 PG: :1 Eo q. q. RESTORATION OF FORMER NAME 19. Wife waives restoration of her fonner name of SCARPELLI, and Husband has no objection to same. ATTORNEYS' FEES AND COSTS 20. Each party will be responsible for their own attorneys fees associated with obtaining the dissolution of their marriage EFFECT OF RECONCILIATION 21. It is the intention of the Parties that this Agreement will remain in full force and effect regardless of whether there is a reconciliation between the Parties and a resumption of the marital relationship. DOCUMENTS 22. Each party agrees that he or she shall promptly sign, execute, and deliver any and all documents, instruments, and papers that may be requested, required, or necessary to fulfill the tenns of this Agreement or to record it. In the event that either party is unavailable, unable, or unwilling to execute any document which the other requests, requires, or deems necessary to accomplish the provisions and intent of this Agreement, each party by this Agreement appoints his or her attorney of record to serve as an attorney- in-fact to execute any of the above-stated documents. REPRESENTATIONS 23. The Parties represent to each other: a. Each party has received or is entitled to receive independent legal advice by counsel -6- of this and her or his own selection in the negotiation of this Agreement. Each fully understands the facts and is fully aware of his and her legal rights and obligations, and each is signing this Agreement freely and ** OFFICIAL RECORDS ** voluntarily, intending to be bound by it. BK: 1767 PG: 1700 b. Each party acknowledges and agrees that each is aware of the current financial condition ofthe other. Accordingly, by this Agreement, each party waives and relinquishes the right to a full and complete financial disclosure from the other pursuant to Fla. Farn. L.R.P. 12.285 as may be amended. c. Each party understands and agrees that this Agreement constitutes the entire contract of the Parties. It supersedes any prior understandings or agreements between them. There are no representations or warranties other than those expressly set forth herein. MISCELLANEOUS 24. This Agreement shall be construed and govemed in accordance with the laws of the state of Florida. 25. If any portion of this Agreement is held illegal, unenforceable, void, or voidable, by any Court, each of the remaining terms hereof, shall nevertheless, remain in full force and effect as a separate contract. This Agreement shall be deemed modified and amended to the extent necessary to render it valid and enforceable. ENFORCEMENT 26. The Court shall reserve jurisdiction of the Parties and of subject matter hereof for purposes of enforcement. 27. If either Husband or Wife defaults in the performance of any of the terms, provisions or obligations herein set forth, and it becomes necessary to institute legal proceedings to effectuate the performance of any provisions of this Agreement, then the party found to be in default shall pay all expenses, including reasonable attorney's fees, incurred in connection with such enforcement proceedings. -7- MUTUAL RELEASES 28. Except as otherwise provided herein, each Party shall and does hereby remise, release, and forever discharge the other Party from any and all actions, suits, debts, claims, demands, and obligations, whatsoever, both in law and equity, which each Party had, now has, or may hereafter have against the other upon or by reason of any matter, cause or thing up to the date of the execution of this Agreement. 29. Each Party hereby releases and relinquishes any an all rights he/she may hereafter acquire as spouse under the present of future laws of any jurisdiction including, but not limited to the following: a. To elect to take against any will or codicil of the other Party now or hereafter in force; b. To share in the other Party's estate; ** OFFICIAL RECORDS ** 81<: 1767 P6: 1701 c. To act as Personal Representative ofthe other Party's estate. DEFAULT OR WAIVER 30. No waiver of any breach of the terms of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or similar nature. No waiver of any rights created by this Agreement shaIl be deemed to be a waiver for all time of those rights, but shaIl be considered only as to the specific event surrounding that waiver. IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written. Signed in the presence of: ~~~ (.. i ess Stdj-51Acu11 _So...L47.c.r ~P.rnM ~h!r(~ ne... f>. H,. {/ ~ ~L~o /Sl-~ t3-803Y Social Security Number -8- ** OFFICIAL RECORDS ** STATE OF FLORIDA BK: :I. 7&7 PG: :I. 702 COUNTY OF PASCO rth THE FOREGOING INSTRUMENT was aclmowledged before me this K day of February, 2003, by ANTHONY J. CAPONIGRO, who has produced identification and who did take an oath and aclmowledged before me that he executed the foregoing instrument freely and voluntarily for the purposes therein expressed. Identification Produced: t'\ .l>n~ LOO\mOO'ON 'WWO~ <;OOZ'9 Aln, 'dxjwW03 AiI'l epuOH 10 01"15 '"!IQnd AJeION , ~jlllil'l'd jN3l~VH3 .,....~M~O.......,'... . <>1lt:, {-P/ '.:u'\ \~;~n;,:o~$) L,~~. ~ P fnAJ NOTARY PUBLIC . Name of Notary Public (printed/typed) Signed in the presence of: ~'J!!ft~~ ~~.~~~ Wi s <;-f " hr..e. L. Sc::.{('7:Cv J R.CAPONIGRO . Pm~ I' let! IS} - "& '1- o'l4q Social Security Number STATE OF FLORIDA COUNTY OF PASCO THE FOREGOING INSTRUMENT was aclmowledged before me this.1Y. day of February, 2003, by JOANNE R. CAPONIGRO, who has produced identification and who did take an oath and aclmowledged before me that she executed the foregoing instrument freely and voluntarily for the purposes therein expressed. Identification Produced: F {. D(t~ (~;~\., :'!~(t.') '. '., /C't/ \1fI........ /~... ...,.~,!:~~.:~~~..... CHARLENE p, MILLER Notarj Public. State of Florid;' My cumm. Exp. July 6. 2000 Comm. No, DD 031807 ()'~e . ~, fVhJ&~ NOTARYPUBLIC () ClJM1~ r. HI'Ud Name of Notary Public (printed/typed) -9- FINAL DISPOSITION FORM I. CASE STYLE: IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR HERNANDO COUNTY, FLORIDA F AMIL Y LAW DIVISION INRE: The Marriage of ANTHONY J. CAPONIGRO Husband, CASE NO.: H-0027-DR-2003-2201 and JOANNE R. CAPONIGRO Wife. / II. MEANS OF FINAL DISPOSITION: Disposed by Judge DATE: December 2, 2003 McCLAIN & ALFONSO, P.A. 38416 Fifth Avenue Zephyrhills, Florida 33540 (813) 782-8700 Attorney for PetitionerlPrevailing Party &" ./ ./'" '---~~ ancy McClain Alfonso, EsqUIre Florida Bar No.: 845892 ~ ~ ~ ~ ~ -....N - ~ o c:;: =3 -, y ~ ,,' =' ~;;..~ _,1 L_ C~.. i::-::: d.J [~j ,,) (...)- --------------~~'----- ~~ -~~-~--~~----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , fh~C')l'\~ ~.Co.<?O'" l~,l 0 ) Plaintiff Vs FileNo. Oa-=U.,3:<:' C~lJ\ \ IN DIVORCE ~(,,~\I\,~Q. ~ Cn~'IJ\~to . Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] _ prior to the entry of a Final Decree in Divorce, or -X- after the entry of a Final Decree in Divorce dated I 'J..J o~1 D.1 ' I hereby elects to resume the prior surname of & 0..\ ~ ()-\' D , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date:~ ~~~.Y. ~~~~) SIgnature --I..J - COMMONWE,4LTH'OFPENNSYLVANIA ) COUNTY OF ~th ~ ..--. On the M day of J ~ ' 200~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. (-)"r ~ 0 !vJ ,l~ ,4';;; Prothonotary or Notary Public NOTARIAL SEAL "POi'!ONOT~.RY. NOTARY PUBUC i CAflLlSl[ CUMSEflWlO COUNTY COURT HOUSE . MY COMMISSION EXPIRES JANUAHY 2. 2006 (~ f F\J ("'J r--' () = c = -n c,r'l --- <...- f;" L.:'.: ~ t--' ~ C"J 0-' - - ...........) ~, '-'" ~ _..J