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HomeMy WebLinkAbout05-4696MATTHEW P. MAGGIORINI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA n I NO. 0& l?tL>L- l JESSICA L. MAGGIORINI, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action within twenty (20) days. You are warned that if you fail to do so, the case may proceed without you and decree, of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High & Hanover Streets, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU.MAY LOSE THE RIGHT TO.CLAIM.ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, Pennsylvania 17103 Telephone Number (717) 249-3166 Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 7741357 Attorney for Plaintiff MATTHEW P. MAGGIORINI, Plaintiff V. JESSICA L. MAGGIORINI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA nn NO. CAS --1696. l lu t (?) CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Matthew P. Maggiorini, an adult individual who currently resides at 155 Sugar Maple Drive, Etters, PA 17319. 2. Defendant is Jessica L. Maggiorini an adult individual who currently resides at 114 South Enola Drive, Enola, PA 17025. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at lease six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 29, 2003 in Enola, PA. 5. Plaintiff avers that there are the following children of the parties under the age of eighteen (18): a. Faith J. Maggiorini, age 14 months, DOB 5/28/2004, currently residing with the Defendant. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Neither the Plaintiff nor Defendant is a member of the Armed Services of the United States or any of its Allies. 9. Although Plaintiff currently resides in York County, he is filing this action in Cumberland County, the county where the parties were married, where the parties lived while married, where the defendant still resides and where the marital residence is located. 10. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in Divorce dissolving the marriage between the parties pursuant to Section 3301(c) or (d) of the Divorce Code of 1980, as amended. Respectfully submitted, DATE: O's I Michael A. Hynum Attorney ID No. 85692 151 Reno Avenue, Suite 202 New Cumberland, PA 17070 [717] 774-1357 Attorney for Plaintiff mikehvnum a)comcast.net VERIFICATION I, Matthew P. Maggiorini, 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 any false statements therein are subject to the criminal penalties contained in 18 Pa C S Section 4904, relating to unworn falsification to authorities. l L Matthew P. Maggiori 1 ' ff MATTHEW P. MAGGIORINI Plaintiff V. JESSICA L. MAGGIORINI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Hynum, Esquire, hereby certify that a true and correct copy of the foregoing Complaint was sent by United States mail, postage prepaid, certified mail, restricted delivery, return receipt requested, and regular US Mail to the following: Jessica L. Maggiorini 114 South Enola Drive Enola, PA 17025 Date: ? 7 0,5 Michael A. Hyrum Attorney ID No. 85 151 Reno Avenue, Suite-102 New Cumberland, PA 17070 [717] 774-1357 Attorney for Plaintiff mikeh um comcast.net _ ? ? ?? o o ? G ?J a Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 202 New Cumberland, PA 17070 (717) 774-1357 Attorney for Plaintiff MATTHEW P. MAGGIORINI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA L. MAGGIORINI, Defendant NO. 05-4696 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MICHAEL A. HYNUM, ESQUIRE, being duly affirmed according to law, depose and say that: 1. On September 7, 2005, a copy of the Complaint in Divorce in the above- captioned matter was mailed to the Defendant by certified mail, return receipt requested, restricted delivery, at the Defendant's last known address, as indicated on the attached mailing receipt. 2. That on September 9, 2005, the Defendant received the aforesaid Complaint in Divorce and the mailing receipt and return receipt card evidencing the same are attached hereto and made a part hereof. Sworn to and subscribed before me this 12th day of 40Cember, 200. Notary My Commissioritxpires: Commonweakh of Pen SEAL V, Notarryy Public au il;n Cou duly 2A. 20 rl ?. ? OFFICIAL USE C3 ra ~ $ Go Postage ' Certified Fee 3 ?J k P t M C3 Return Reclept Fee os mar Here (FSdorsement Required) I C3 Restricted Delivery Fee (Entlorsement Requred) 3. S rtj Total Postage 8 Fees S $ ? . 1 ru p Sent p N vessicrti ?-' (`1gDrin ---------- ------ ?? a \ .,. or PO Box No. l -------------- ErlclCt. Ciry, State, ZIRt4 E PA 17 W ` PS Form 3800, June 2002 See Reverse for Instructions aem 4 9 RssttMed Dssvery M dassea. ¦ Pft yaw n, Wd eddrees on the reverse so that we can retain the cad to you. ¦ Attach this card to the (tack of the indplecer or on the fr mt K sppoe pwmrdL t. ArIkM Alb 1 114 ` S. E?+tolc.??• ?C7?0.? QA 1'70?r Wl.? dby(PMWAW4 CE a D. bddrwY eddlw IN all flan awn l? s. AerNce?ype plC~Md 13 MVMWMd ?Reghas" 0 flMSrk fiaoelpt for Mwohwdu O saksed Mill 0 c.OA 4. Aealasd D~ 45the F64 j&yaa a AiedsN rrkw 7002 2410 0006 7109 8706 Ps Form 3811. August 2001 DWWZC Rasen ROD$" 109595-024A460 ? ti f' O ? rl ?a 7 y r as -?r c} .. ? ?. ?> _-; -` N r .,t Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 203 New Cumberland, PA 17070 (717) 774-1357 MATTHEW P. MAGGIORINI, Plaintiff V. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4696 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Petitioner is Michael A. Hynum, Esquire, whose principal place of business is located at 151 Reno Avenue, Suite 203, New Cumberland, Pennsylvania. 2. Respondent is Matthew P. Maggiorini, an adult individual whose last known address is 155 Sugar Maple Drive, Etters, PA 17319. 3. On or about September 8, 2005, at Respondent's request, Petitioner filed a Complaint in Divorce on behalf of Respondent filed to the above-referenced docket number. 4. Previous and subsequent to the date of filing of the Complaint in Divorce, Petitioner acted as legal counsel in Respondent's behalf and at Respondent's request. 5. In or about February, 2006, Respondent advised Petitioner that he could not longer afford to avail himself of Petitioner's services and that he no longer wished Petitioner to represent him in any ongoing litigation. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant him leave to withdraw as counsel for Matthew P. Maggiorini, Plaintiff in the above- captioned action. DATE: Respectfully submitted, Michael A. Hynum Attorney ID No. 85692 v 151 Reno Avenue, Suite 203 New Cumberland, PA 17070 [717] 774-1357 mikehynum(a).comcast.net Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 203 New Cumberland, PA 17070 (717) 774-1357 MATTHEW P. MAGGIORINI, Plaintiff V. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4696 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE This 23`d day of March, 2006, 1 certify that the foregoing PETITION FOR LEAVE TO WITHDRAW AS COUNSEL was served upon the following Plaintiff by placing the same in the United States mail, first class, postage prepaid, addressed as follows: Matthew P. Maggiorini 155 Sugar Maple Drive Etters, PA 17319 Victoria Y. ChamberNAssistant to Michael A. Hynum, quire Ci ro t ?j ..... .:.. ...: , . :: ... . _. i 'r _... iV _{ MATTHEW P. MAGGIORINI, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-4696 CIVIL V. JESSICA L. MAGGIORINI, CIVIL ACTION -LAW DEFENDANT IN DIVORCE ORDER OF COURT 14. AND NOW, this 17 day of April, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the Plaintiff to show cause why the Petitioner is not entitled to the relief requested; 2. The Plaintiff will file an answer to this petition on or before May 4, 2006; 3, The petition shall be decided under Pa.R,C.P. No. 206.7; 4. If the Plaintiff files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing shall be held on the 8`h day of May, 2006, at 2:30 p.m, in Courtroom No. 5 of the Cumberland County Courthouse. If no answer to the Rule to Show cause is filed by the required date, the relief request by Petitioner shall be granted. By the Court, ichael A. Hynum, Esquire Petitioner c ?" a ew P. Maggiorini, Plaintiff .dessica L. Maggiorini, Defendant a bas k t M. L. Ebert, Jr., __'. 'i ''1.' 1?1 11 n, MATTHEW P. MAGGIORINI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-4696 CIVIL v. JESSICA L. MAGGIORINI, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 8th day of May, 2006, upon consideration of the foregoing Petition For Leave to Withdraw as Counsel and no Answer being filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that Petitioner Michael A. Hynum, Esquire, is hereby granted leave to withdraw as counsel of record for Plaintiff, Matthew P. Maggiorini. By the Court, 14\ t M. L. Ebert, Jr., J. Xchael A. Hynum, Esquire Petitioner V atthew P. Maggiorini, Plaintiff kIsica L. Maggiorini, Defendant bas v n OV ' ?Ov\ V Vl'NHAI,kSNN3d ALNnor., T -; i --Irmo 6£ :£ Wd 8- Ow 9001 AbVIONCOHI 6d 3HI 30 301:00-0318 Michael A. Hynum, Esquire Supreme Court ID #85692 151 Reno Ave., Suite 203 New Cumberland, PA 17070 (717) 774-1357 MATTHEW P. MAGGIORINI, Plaintiff V. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4696 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL Kindly withdraw the appearance of Michael A. Hynum, Esquire, as counsel for Plaintiff in the above-captioned matter pursuant to the attached Order of Court entered by the Honorable M. L. Ebert, Jr., Esquire, on May 8, 2006. Respectfully submitted, DATE: Michael A. Hynum Attorney ID No. 85 151 Reno Avenue, Suite 203 New Cumberland, PA 17070 [717] 774-1357 } MATTHEW P. MAGGIORINI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 05-4696 CIVIL V. JESSICA L. MAGGIORINI, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 8th day of May, 2006, upon consideration of the foregoing Petition For Leave to Withdraw as Counsel and no Answer being filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that Petitioner Michael A. Hynum, Esquire, is hereby granted leave to withdraw as counsel of record for Plaintiff, Matthew P. Maggiorini. By the Court, Michael A. Hynum, Esquire Petitioner Matthew P. Maggiorini, Plaintiff Jessica L. Maggiorini, Defendant ??t ?- M. L. Ebert, Jr., J. bas C O ?. cry rn O -_j MATTHEW P. MAGGIORINI, Plaintiff VS. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05 - 4696 Civil Term CIVIL ACTION - AT LAW - IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: 717 109-- Signature: Matthew P. Maggiorini FILED-,,-r' CE OF THE PPP ',r!NOTARY 2009 JUL 24 AM 10: 17 Cum t :IN, MATTHEW P. MAGGIORINI, Plaintiff VS. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 4696 Civil Term : CIVIL ACTION - AT LAW - IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. 4. 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. § 4904 relating to unworn falsification to authorities. Date: 7 n Signature: Matthew P. Maggiori FII E}C;riC~ OF THE T 'r! '()sARY 2009 JUL 24 AM 10, ! 'I CUMP,?L^ 1`+? l?J 4 M' PC'SYi lt,tzit L.? `,.t? MATTHEW P. MAGGIORINI, Plaintiff vs. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 4696 Civil Term CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 8, 2005. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: 1192loo, Signature: ssica L. Maggiorini FILED--0; FOF OF THE PP" )'_ , ,'CI Y 2009 JUL 24 AM 10: 17 MATTHEW P. MAGGIORINI, Plaintiff vs. JESSICA L. MAGGIORINI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 05 - 4696 Civil Term CIVIL ACTION - AT LAW - IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. 4. 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. § 4904 relating to unsworn falsification to authorities. Date: Signature: essica L. Maggiorim Ri,.ti??--E,J'?NCE CF THE P M?: NOTARY 2H9 JUL 24 AM 10'. 17 U? l -1--Nty ,1, %I JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant MATTHEW P. MAGGIORINI, Plaintiff VS. JESSICA L. MAGGIORINI, Defendant THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-4696 CIVIL TERM : CIVIL ACTION - AT LAW DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this } h day of u u , 2009, by and between MATTHEW P. MAGGIORINI, born April 23, 1982, and JESSICA L. MAGGIORINI, born August 5, 1980: WITNESSETH: WHEREAS, MATTHEW P. MAGGIORINI (hereinafter referred to as "Husband") and JESSICA L. MAGGIORINI (hereinafter referred to as "Wife") are husband and wife, having been lawfully married on November 29, 2003, in Camp Hill, Cumberland County, Pennsylvania; WHEREAS, one child was born of the marriage between the parties, namely Faith J. Maggiorini, born May 28, 2004; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. 1 Initials: _hp? Initials: 11 041- v. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, specifically Jeanne B. Costopoulos, Esquire, for Wife, and Marlin L. Markley, Esquire, for Husband, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent Initials: 2 Initials: M P M V. jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue Initials: 3 Initials: -11? M r. influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that Husband has initiated a divorce action under the no-fault provisions of the Divorce Code in the Cumberland 0,;,- 4(110 County Court of Common Pleas docketed at number 6$-45$5-4696 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that they will each promptly sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Husband, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Divorce Information Sheet and/or any and all other documents necessary to precipitate the prompt entry of a divorce decree. Initials: Oyn 4 Initials: M P M 9,7-- 5. EQUITABLE DISTRIBUTION. (a) Cash to Husband. Wife shall pay Husband the sum of four thousand dollars ($4,000.00) within one year following the execution date of this Agreement. (b) Marital Residence. The parties acknowledge that they own a home and property located at 114 South Enola Drive, Enola, Cumberland County, Pennsylvania, 17025 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Commencing on the execution date of this Agreement, any and all homeowners policies, title policies, and any other policy of insurance with respect to the Marital residence shall be deemed to be endorsed to reflect Wife as sole owner thereof and Husband further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policy. (2) Commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, mortgage, loans, taxes, insurance premiums, utilities, maintenance and repairs. (3) Within one year from the execution of this Agreement, Wife shall refinance, assume, or otherwise remove Husband's name from this obligation. Husband shall execute a deed upon demand to transfer his Initials: 5 Initials: MM interest in the Marital Residence to Wife in order to facilitate refinance or assumption of the loan. (4) If Wife is unable to refinance or otherwise removed Husband's name for any obligations associated with the Marital Residence, the Marital Residence shall be placed for sale. Wife shall be solely responsible for all costs and expenses associated with the sale, including taxes, and shall retain the entire balance of the proceeds, less the $4,000.00 owed to Husband pursuant to paragraph 5(a) above if said sum has not previously been paid. (c) Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. Any personalty or furnishings now located in Husband's current residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. (d) Motor Vehicles. Husband and Wife agree that Wife shall retain ownership of any and all vehicles titled solely in her name as her sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and Initials: 6 Initials: _1-P-- insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with the vehicles. Husband and Wife agree that Husband shall retain ownership of any and all vehicles titled solely in his name as his sole and separate property along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorney's fees, incurred in connection with the vehicles. (e) Life Insurance. Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (f) Pension and Retirement Benefits. Husband and Wife each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. Initials: 7 Initials: `'1 LM The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts, Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature not previously described herein which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty (30) days of execution of this agreement. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall Initials. 8 Initials: constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assumption of Encumbrances. Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name. Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name in addition to all debts and liabilities associated with the Marital residence, regardless of when such liability occurred. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold Initials. 0 9 Initials: -M-EM subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (1) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and Initials: 10 Initials: M P M his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (o) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. SPOUSAL SUPPORT/APL ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. TAX ADVICE. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has Initials: II Initials: M P M been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 8. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS. The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act Initials: 9 12 Initials: M P M applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 11. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his Initials: 13 Initials: P M and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 13. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. Initials / l 14 Initials: -M? -M Vr- - (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether 014 15 Initials: - M P M arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 17. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. Initials: 16 Initials: 18. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of Initials: 17 Initials: ! i l?l reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into Initials: 18 Initials: M P M said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Initials: 19 Initials: N P.M MATTHEW P. MAGGI rt COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW P. MAGGIORINI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 01 day of 2009. NOtAAIAL PEAL EEELY J EEC lMMMEINIt ClM EiNRIMI #'AI111h My COWAOSWn Exp "k* Is. 2813 ary Public a or Commonwealt nnsy ania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF Co, M k(&",C/ BEFORE ME, the undersigned authority, on this day personally appeared JESSICA L. MAGGIORINI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ? - day of 2009. COMMONWEALTH OF PE SYLVANIA Notarial Seal Katherine L. Gochenour, Notary Public Lower Allen Twp., Cumberland County My t;ommission E)O res April 21, 2012 Member, Pennsylvania Association of Notaries Notary Public in and o Commonwealth of Pennsylvania Typed or printed name of Notary: &iJ1-ey-iy)e- L ?xa ?,nuV- My commission expires: )a Initials. 7- 20 Initials: -.H P M FLED-,Dl-'s=!C, Ec OF THE 2009 JUL 24 Ali 10: 16 .T" w, ru11? gip; ?1?3. i?lu?IM11? MATTHEW P. MAGGIORINI, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 4696 CIVIL TERM JESSICA L. MAGGIORINI, CIVIL ACTION-LAW Defendant. 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 X 3301(c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Proof of service dated July 22, 2009 filed herewith. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff: Tiny 7, 2009 by Defendant:, July 22, 2009 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: by Plaintiff: July 24, 2009 by Defendant: July 24, 2009 4. Related claims pending: Please, incorporate without merging the attached Marital Settlement Agreement of the parties into the Divorce Decree. B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiffs Affidavit upon Defendant: Date of service of Notice to Intention to Enter: 011,;301 oq Date & CARACIOLO, P.C. Bruce D. Foremafi, Esquire Attorney for Plaintiff 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101 ID# 21193 Tel. (717) 236-9391 OF TH? P"F 7 ?'r;' OTARY 2009 AG -4 Aej 11, 56 '401 Lv;-k? WA MATTHEW MAGGIORINI V. JESSICA L. MAGGIORINI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4696 CIVIL TERM DIVORCE DECREE AND NOW, v % o%\ 11 it is ordered and decreed that MATTHEW MAGGIORINI plaintiff, and JESSICA L. MAGGIORINI , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") decree. The Marital Settlement Agreement is to be incorporated but not merged with this By the Court, V%?:-Jk ? Attest: J. Prothonotary 09