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HomeMy WebLinkAbout02-1153Johnson, Duffle, Stewart & Weidner By: Mark C. Duffle I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, 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 or relief requested in these pages 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 62 -11?3 el0CL Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VA? NO. Oa - //Z Ctu([- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(c) OR §3301(d) OF THE DIVORCE CODE AND NOW, this day of March 2002, comes the Plaintiff, MICHELLE A. INTRIERI, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, FRANK E. INTRIERI: 1. The Plaintiff is Michelle A. Intrieri, an adult individual, who currently resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 2. The Defendant is Frank E. Intrieri, an adult individual, who currently resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on June 1, 1985, in Harrisburg, Dauphin County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in Attorneys for Plaintiff this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(c) or Section 3301(d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through seven (7) inclusively of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT III SPOUSAL SUPPORT, ALIMONY/ALIMONY PENDENTE LITE 10. The Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through nine (9) inclusively of the Complaint as if the same were set forth herein at length. 11. Plaintiff has insufficient income and assets to provide for her needs. 12. Plaintiff has a monthly income of approximately $4,667.00. 13. Defendant has a monthly income of approximately $7,667.00. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award of spousal support/alimony pendente lite until final hearing and alimony thereafter. COUNT IV CUSTODY 14. The Plaintiff incorporates herein by reference the allegations set forth in paragraphs one (1) through thirteen (13) inclusively of the Complaint as if the same were set forth herein at length. 15. Plaintiff is the natural mother and Defendant is the natural father of two (2) children. 16. Plaintiff seeks primary custody of the following children: Alisyn Nicole Intrieri, age thirteen (13), whose date of birth is June 10, 1988; and Michael Joseph Josh Intrieri, age ten (10), whose date of birth is February 21, 1992. 17. The children were not born out of wedlock. 18. The children are presently in the shared custody of the Plaintiff and Defendant. 19. Since the children's births, they have resided with the following persons at the following addresses: a. Alisyn Nicole Intrieri: Birth (June 10, 1988) until September 1992, with Plaintiff and Defendant at 730 Mt. Airy Road, Lewisberry, York County, Pennsylvania 17339. From September 1992 through the present time, with Plaintiff and Defendant at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. b. Michael Joseph Josh Intrieri: Birth (February 21, 1992) until September 1992, with Plaintiff and Defendant at 730 Mt. Airy Road, Lewisberry, York County, Pennsylvania 17339. From September 1992 through the present time, with Plaintiff and Defendant at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 20. The mother of the children is the Plaintiff, Michelle Ann Intrieri. She currently resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. She is married. 21. The father of the children is the Defendant, Frank Eugene Intrieri. He currently resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. He is married. 22. The relationship of Plaintiff to the children is that of natural mother. She currently resides with the following persons: the Defendant, Frank Eugene Intrieri, and the minor children. 23. The relationship of Defendant to the children is that of natural father. He currently resides with the following persons: the Plaintiff, Michelle Ann Intrieri, and the minor children. 24. The Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or any other court. 25. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 26. Plaintiff does not know of a person not a party to these proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 27. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff has been the primary caregiver of both children since birth, attending to all of their personal educational and extracurricular needs. b. Plaintiff has a wonderful relationship with the children and is capable and desirous of providing a stable and loving home environment for the children. C. Plaintiff believes it would be in the children's best interest to reside with her on a primary basis. d. The children have been an integral part of Plaintiffs life since their births. e. The children have developed a close emotional relationship with Plaintiff. f. Plaintiff is willing and able to provide for the children's needs and interests. g. Plaintiff and the children have developed and should continue a close and nurturing relationship. 28. Each parent whose parental rights to the children have not been terminated, and the person who has physical custody of the children, have been named as parties to this action. WHEREFORE, Plaintiff requests that this Honorable Court grant her primary physical custody and shared legal custody of the children. Respectfully submitted, JOHNSON, DUFFIE, STEWA T & W DNER By: :155028 Mark C. Duffie Attorney I.D. No. 759 F 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0 (717) 761-4540 Attorneys for Plaintiff 9 p ' + v c- L rti ?V 'I7l ( i a Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- w1 ;b Gv1? ?etxvlm CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, FRANK E. INTRIERI, hereby accept service of the Divorce Complaint. I certify that I am the Defendant in the above-captioned action and as such, am authorized to accept service of the Divorce Complaint. Dated: D3 ?? By: - Frank E. Intrieri :155338 N -TI w cv MICHELLE A. INTRIERI IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. • 02-1153 CIVIL ACTION LAW FRANK E. INTRIERI DEFENDANT IN CUSTODY AND NOW, Wednesday, April 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday Esq. the conciliator, at 39 West Main Street, Mechanicsburg PA 17055 on Wednesday, May 08, 2002 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abase orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 l% eo• u-h ?o 41 `?'INVAI?ISNN?d Oq :E FId L 18dn ZO tkflilU30 ZK31 .L d0 Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant CUSTODY STIPULATION NO. 02-1153 Civil Term CIVIL ACTION - LAW IN DIVORCE 1. MICHELLE A. INTRIERI, hereinafter referred to as "MOTHER," resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 2. FRANK E. INTRIERI, hereinafter referred to as "FATHER," resides at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania. 3. MOTHER and FATHER are the natural parents of two (2) minor children: Alisyn Nicole Intrieri (DOB June 10, 1988) and Michael Joseph Josh Intrieri (DOB February 21, 1992). 4. The parties hereto both currently reside in the marital home. The parties hereto are contemplating a physical separation, living separate and apart, in the near future. This custody arrangement as set forth herein shall be the arrangement which is effective on the date of physical separation with the parties residing in two (2) separate households. 5. The partes shall share physical and legal custody of their minor children. Shared legal custody shall be defined as an arrangement whereby the parties are required to consult with each other regarding any major decisions concerning the children's lives, including but not limited to, medical decisions, educational decisions, and religious decisions. The parties feel very strongly that they should each maintain an extremely active role in the lives of their children. The parties acknowledge the importance of maintaining open lines of communication with each other with respect to their children, and furthermore, acknowledge IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA the importance of consulting with each other regarding the children's welfare. Shared physical custody shall be defined as an arrangement whereby both parties are ensured frequent and continuing contact with the children. 6. MOTHER and FATHER shall share physical custody of the children on an equal basis. The schedule shall be on a revolving and continuing eight-day basis. Beginning on the first Sunday following the physical separation of the parties into different households, FATHER shall have physical custody of the children for two (2) days. MOTHER shall then enjoy physical custody for a period of three (3) days. FATHER shall then have custody for three (3) days and MOTHER shall have custody for the remaining two (2) days. The times for exchange shall be left to the discretion of the parties. 7. Transportation shall be shared by the parties pursuant to a mutually acceptable schedule. 8. Holidays shall be shared by the parties pursuant to a mutually acceptable arrangement. 9. While in the presence of the children, neither parent shall make or commit any person to make any remarks or do anything which could be in any way misconstrued as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 10. The non-custodial parent shall be entitled to reasonable telephone contact with the children. It shall be the express duty of the custodial parent to facilitate this contact. 11. The parties intend that this Agreement shall be made into an Order of Court. 12. The parties have read this Agreement and understand the terms contained herein. Date: ' X /0aJ" Michelle A. Intrie/rrii Date: rank E. Intrieri :157345 0 4= c. C N n K ro ? Z s" " Z - C,O? O C:7 ? a (5m ? t7 MAY 1 3 2002 MICHELLE A. INTRIERI, Plaintiff vs. FRANK E. INTRIERI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1153 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 7`h day of May, 2002, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 8, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire "" Custody Conciliator FLFC?-OFF;CE OF ?F I , -yO^iOTARY 02 MAY 13 PM 3: 10 CUMH-f A d COUNTY PENNSYLVANIA MA 1 2002 MICHELLE A. INTRIERI, IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-1153 Civil Term V. FRANK E. INTRIERI, ; CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this /&/J*? day of T, 2002, upon agreement of the parties, the attached Custody Stipulation is hereby made into an Order of Court. J. oz: ? Vkq 00 Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant AFFIDAVIT IN DIVORCE I, MICHELLE A. INTRIERI, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce decree being handed down by the Court. I, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: By: / ? ? a (e,& Michelle A. Intrieri Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Dot -1153 CIVIL ACTION - LAW 155074 r1a -ra c?z? a? -_; c_.f M C. C I X7 id Johnson, Duffie; Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1153 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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. 1 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. 1 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 above 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. y MICHELLE A. INTRIERI, Plaintiff 296094 _. r _ . ° _.; i ? . n r-.? ? ? ? ? ? -_ - -? ?. 'C ? ? p . .. ' ' } ,. ,-,. ., ..... -???? :.:.. -,,: .-+ Johnson, Duffle, Stewart & Weidner By: Mark C. Duffie I.D. No. 75906 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mcd@jdsw.com Attorneys for Plaintiff MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1153 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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. 1 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. 1 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. r I verify that the statements made above 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: R-/19//40,7 , FRANK E. INTRIERI, Defendant :296094 1 :.- ?lz may`, G..J cz) ° <. PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is made this /0" day of May 2002, by and between MICHELLE A. INTRIERI, residing at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "WIFE," and FRANK E. INTRIERI, residing at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as "HUSBAND." WITNESSETH: WHEREAS, the parties were lawfully married on June 1, 1985 and separated on or about January 2002; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be "marital property" as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. The parties shall hereinafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control of Agreement. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the WIFE or HUSBAND has or might have against the other except as set forth hereinafter. i 4 3. Divorce. WIFE filed a Complaint in Divorce against HUSBAND on or about March 7, 2002, which action is docketed to No. 02-1153 Civil Term. The parties acknowledge that their marriage is irretrievably broken and that they have been separated since approximately January 2002. Simultaneously with the execution of this Agreement, the parties agree to sign and promptly file any and all documents necessary to obtain a Divorce Decree, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under §3301(c) of the Divorce Code. The parties intend that this Agreement shall be incorporated but not merged into any forthcoming Decree in Divorce, such that it shall survive as a separate, enforceable contract, which is not subject to modification unless otherwise indicated. 4. Real Property. The parties acknowledge that they were the owners as tenants by the entireties of real property located at 409 Carol Street, New Cumberland, Cumberland County, Pennsylvania. This was the marital residence. The home is under contract to be sold on or before May 21, 2002. There is a current mortgage balance of approximately Seventy-one Thousand Five Hundred and 00/100 Dollars ($71,500.00) with Washington Mutual outstanding on the property. Furthermore, the parties will incur approximately $15,000.00 in closing costs. The sale price on the contract is $200,000.00. Therefore, the proceeds from the sale will equal approximately $113,500.00. The parties agree to divide equally those proceeds from the sale of the marital home at the time of settlement. Both parties agree to execute all documents necessary to sell the property in a timely fashion and distribute the proceeds as set forth in this provision. WIFE has entered into an Agreement of Sale for real estate to purchase a property known and numbered as 1516 Capitol View Drive, New Cumberland, Cumberland County, Pennsylvania. That property is scheduled for settlement on or before June 28, 2002. HUSBAND, by execution of this Agreement, acknowledges that he is waiving all rights to any interest he may have by virtue of marriage in that property. Furthermore, HUSBAND agrees to execute any documents necessary to evidence the interest that he is hereby waiving. 5. Employee Pension and Retirement Benefits. HUSBAND is the owner of a Legg-Mason Roth IRA (Account No. 363-73074) with a vested balance of approximately $2,805.17. HUSBAND is also the owner of a Legg-Mason IRA (Account No. 363-74362) with an approximate value of $4,089.28. Those Legg-Mason IRA accounts (Account Nos. 363-73073 and 363-74362) shall become the sole and separate property of HUSBAND, free and clear of any right, claim, title, and/or interest of WIFE. WIFE is the owner of a 401(K) retirement account through her employer, administered by American Express, with a balance of approximately $12,000.00. That account shall become the sole and separate property of WIFE, free and clear of any right, claim, title, and/or interest of HUSBAND. HUSBAND and WIFE were joint owners of a Legg-Mason IRA account (Account No. 363-06541) with an approximate value of $6,177.86. HUSBAND withdrew approximately $4,000.00 from this account and WIFE withdrew approximately $1,500.00 from this account. The remaining balance of the monies in this account shall be distributed to WIFE upon execution of this Agreement. That account shall be discontinued and closed. The withdrawals and distributions of those monies as set forth in this provision shall become the sole and separate property of each party, free and clear of any right, claim, title, and/or interest of the other party. 6. Personal Property. The parties have not yet divided their personal property, including the contents of their marital home, to their mutual agreement. The following is a list of personal property that will become the property of WIFE and which HUSBAND agrees to waive any right, claim, title, and/or interest that he may have in the property. This property shall be distributed to WIFE upon WIFE's vacation of the marital home and moving into her new home located at 1516 Capitol View Drive, New Cumberland, Cumberland County, Pennsylvania. Those items of WIFE including the following: Wrought iron dining table with six (6) chairs couch and two (2) chairs in family room stereo dry sink drop-leaf desk, drop-leaf table, wrought iron baker's rack Gateway computer, printer, and computer desk refrigerator Alison's bed. Josh's bedroom suite Alison's TV, stereo and entertainment center Josh's TV, office TV cedar chest in master bedroom wardrobe in WIFE's closet two (2) bookcases wrought iron table and chairs -- patio charcoal grill lamps master bedroom lamps king-size headboard wicker dresser, vanity, antique dresser antique hunting scene picture and frame. The remaining personal property shall be the sole and separate property of HUSBAND. WIFE agrees to waive any right, title, and/or interest to the remaining property which shall become that of HUSBAND. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. 7. Automobiles. The parties hereto own several automobiles, each of which is set forth herein and divided as designated: 4 A. The 1998 Honda Civic in WIFE's name shall become the sole and separate property of WIFE, free and clear of any right, title, and/or interest that HUSBAND may have. WIFE shall be responsible for any liens or encumbrances thereon and hold HUSBAND harmless from said obligation. B. The 1999 F-250 Ford Pickup in HUSBAND and WIFE's names shall become the sole and separate property of HUSBAND, free and clear of any right, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. C. The 1972 Ford/GMC Dump Truck in HUSBAND's name shall become the sole and separate property of HUSBAND, free and clear of any right, title, and/or interest that WIFE may have. HUSBAND shall be responsible for any liens or encumbrances thereon and hold WIFE harmless from said obligation. Each party agrees to waive any right, title, and/or interest he or she may have in the vehicle of the other as set forth herein, and will promptly sign within ten (10) days of the other party's request any and all documents necessary to effectuate the provisions of this paragraph, including vehicle titles. Any joint encumbrance in existence shall be the sole and separate responsibility of the person to whom the vehicle has been transferred, as set forth herein. 8. Bank Accounts. The parties agree to the following distribution: HUSBAND shall retain his AIIFirst Checking Account No. 00104-6881-1 WIFE shall retain her Members' First Checking Account (No. 140485-11) and Savings Account (No. 140485-00) Any other separate accounts that have been opened and not set forth herein shall be the sole and separate property of the owner of that account. Each party shall retain those accounts and the above accounts as their sole and separate property, free and clear of any right, claim, title, and/or interest of the other. All other joint accounts in existence have been closed or distributed to the parties' mutual satisfaction. 9. Credit Card Debt. There are no credit cards in joint names. Any credit card debt in existence shall be the sole and separate responsibility of the cardholder, and that person shall indemnify and hold the other harmless with respect to any and all liability in connection with the same. 10. Life Insurance. Each party shall retain as their sole and separate property, any life insurance policies not specifically referenced herein, specifically including the cash surrender value, of which they are the owner as their sole and separate property, free and clear of any right, title, claim and/or interest of the other party. 11. Miscellaneous Debt. Any debt not specifically listed in this Agreement shall be the sole and separate responsibility of the party who incurred it. 12. Alimony Pendente Lite (APL)/Spousal Support/Alimony. The parties agree that there shall be no alimony pendente lite, spousal support, or alimony award for either party. Each party hereby waives their right to receive alimony pendente lite, spousal support, or alimony from the other party upon execution of this Agreement. 13. Health Insurance. The parties agree that health insurance for the children will be maintained by WIFE. 14. Taxes. Income Taxes. Beginning tax year 2001, the parties will file "married, filing separately." Each party will be entitled to retain their refund or be responsible for the payment of any additional taxes. Each party shall claim one (1) minor child on his or her return. 15. Construction Business. HUSBAND is a sole proprietor trading as C.J. INTRIERI CONSTRUCTION. HUSBAND assumed control of this family business in 1982 or 1983. It is a masonry subcontractor business. HUSBAND will retain said business and all income or proceeds received from the business as well as any monies received from the sale of the business, if HUSBAND chooses to sell the business in the future. WIFE waives all right, title, claims, and/or interest in the business. HUSBAND shall hold harmless WIFE from any obligations the business may have had in the past or may have in the future. Both parties agree to sign any and all documents necessary to effectuate the intentions set forth in this provision. 16. Agreement Executed Voluntarily and Clearly Understood. Each party to this Agreement acknowledges and declares that he or she respectively: A. If fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thought to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. it 17. Release of All Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 18. Holding Other Party Free and Harmless. HUSBAND hereby warrants to WIFE that he has not incurred and he hereby agrees that he will not hereafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold WIFE liable for any such liability or obligation, HUSBAND shall, at his sole expense, defend WIFE against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. WIFE hereby warrants to HUSBAND that she has not incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold HUSBAND liable for any such liability or obligation, WIFE shall, at her sole expense, defend HUSBAND against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 19. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 20. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each is satisfied with the financial disclosures made from the other. The parties acknowledge that although within their right to request, no formal discovery was done in this case, and that they are satisfied with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives and assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure, with the exception of disclosures that may have been fraudulently withheld. The parties specifically acknowledge that they have been advised by their individual counsel of their right to seek such discovery, however have elected to waive the same. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto, and understand that this Agreement shall not be subject to modification by the Court. 21. Representation of the Parties. HUSBAND is represented by in connection with the negotiation and preparation of this Agreement. WIFE is represented by Johnson, Duffle, Stewart & Weidner in connection with the same. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that it is being entered into freely and voluntarily, 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 and/or Agreements. 22. Waiver of Rights to Other Party's Estate. Except as provided for herein, HUSBAND and WIFE each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other by bequest or devise except under a Will or Codicil dated subsequently to the effective date of this Agreement; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 23. Containment of Entire Agreement Herein. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties. :A . 24. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 25. Effect of Separation, Reconciliation, Cohabitation or Divorce Decree. The terms of this Agreement shall be incorporated, but not merged, into any Divorce Decree which may be entered with respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights and enforcement under applicable law including the Pennsylvania Divorce Code. This Agreement shall also remain in full force and effect even if the parties effect a reconciliation, cohabitate as Husband and Wife, or attempt to effect a reconciliation. 26. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to modify the Agreement. 27. No Waiver of Default. 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. 28. Attorneys Fees and Expenses. Each party shall be responsible for their own attorneys fees and expenses. 29. Mutual Cooperation/Breach of Agreement. Each of the parties shall, on demand, execute and deliver to the other, any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, or breaches the terms of this Agreement in any way, the breaching party shall pay to the other all attorney's fees, costs and other expenses reasonably incurred as a result of attempting to enforce this Agreement. - 11 30. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependents. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the obligations under the terms of this Agreement shall be satisfied in full and shall not be discharged in the bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor party's obligations under this Agreement shall not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party. 31. Law of Pennsylvania Applicable. the laws of the Commonwealth of Pennsylvania. This Agreement shall be construed in accordance with 32. Date of Agreement. The effective date of this Agreement shall be the date on which the last party executes the Agreement if the parties do not execute the Agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 33. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: Michelle A. Intrieri rank E. Intrieri 157317 _7 t r t Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHELLE A. INTRIERI, Plaintiff V. FRANK E. INTRIERI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1153 CIVIL ACTION - LAW IN DIVORCE s 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. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on March 28, 2002 via Acceptance of Service, filed April 10, 2002. 3. Complete either Paragraph A or B A. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff August 14, 2007; by the Defendant August 14, 2007. 2002-1153 CIVIL TERM 4. Related claims pending: The Property Settlement Agreement dated May 16, 2002, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. §3105. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on August 14, 2007, and filed concurrently herewith. Waiver of Notice signed by Defendant on August 14, 2007, and filed concurrently herewith. JOHNSON, DURFIE, STEAVART & WEIDNER Melissa Peel Greevy :307299 Enclosures A7;91 `.y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHELLE A. INTRIERI, PLAINTIFF VERSUS FRANK E. INTRIERI, DEFENDANT N O. 2002-1153 CIVIL DECREE IN DIVORCE 'o AND NOW, IT IS ORDERED AND DECREED THAT MICHELLE A. INTRIERI AND FRANK E. INTRIERI ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Property Settlement Agreement dated May 16, 2002, shall be incorporated, but not merged, into this Decree and is enforceable as an as provided in 23 Pa. C.S. §3105. ATTEST' J. PROTHONOTARY A4 X dryv ! u <Q' off - $ e,;;7, Qe -,,s