HomeMy WebLinkAbout06-2666
IN THE COURT OF COMMON PLEAS OF CUMBEIU.AND COUNTY, PENNSYLVANIA
CIVILACfION - LAW
JOHN GUZZO,
.
.
G~l-L~~
Plaintiff
.
.
: No. Df.:. - :J.1e." f.,
v.
: IN DIVOR.CE/CUSTODY
UNDAGUZZO,
:
Defendant
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 papers
by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania.
IF YOU 00 NOT FILE A CLAIM FOR. ALIMONY, DIVISION OF
PR.OPERTY, LAWYER'S FEES OR. EXPENSES BEFORE A DIVOR.CE 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 00 NOT HAVE A LAWYER. OR. CANNOT AFFORD ONE, GO TO OR.
TELEPHONE THE OFFICE SET FOR.TH BEWW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(717) 249-3166
1-800-990-9108
AVISO PARA DEFENDER Y RFPAMAR. DERECHOS
USTED HA smo DEMANDADO EN LA CORTE. Si desea defenderse de las
quejas expuestas en las pAginas siguientes, d.ebe tomar acci6n con prontitud. Se Ie avisa
que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0
anulamiento puede ser emitido en su contra por la Corte. Una decisi6n tambien ser
emitida en su contra por cualquier otra queja 0 compensaci6n reclamados por el
demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes
para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania.
SI USI'ED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGAOO U OTROS GASTOS ANTES DE
QUE EL DECREl'O FINAL DE DIVORCIO 0 ANULAMIENTE SEA EMmOO,
USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE
ELWS.
USTED DEBE LLEVAR FSrE PAPEL A UN ABOGADO DE
INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0
ll.AME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR OONDE
PUEDE OBTENERASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
AMERICANS WITH DlSABILITIRq ACI' OF 1000
The Court of Common Pleas of Cumberland County is required by law to comply
with the Americans with Disabilities 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.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
Maryann Murphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIY, PENNSYLVANIA
CIVIL AcrION - LAW
JOHN GUZZO, .
.
Plaintiff . C;I.n'L 'r~~
. t)~-
: No. J.I.J~ ~
v. :
: IN DIVORCE/CUSTODY
UNDA GUZZO, .
.
Defendant .
.
COMPLAINT UNDER SECTION ~'4ollc) and ~~olld)
OF THE DIVORCE CODE
AND NOW comes JOHN GUZZO, by and through his attorney, Maryann
Murphy, Esquire, who respectfully avers as follows:
1. Plaintiff/Husband is JOHN GUZZO who resides at 9 Jane Lane, Carlisle,
Cumberland County, Pennsylvania 17013.
2. Defendant/Wife is UNDA GUZZO who resides at 447 Adams Road,
Carlisle, Cumberland County, Pennsylvania 17013.
3. Husband and Wife have been bona fide residents in the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. Husband and Wife were married on October 17, 1981 in West Virginia.
5. Husband and Wife separated on October 10, 2005.
6. There have been no prior actions for divorce or for annulment between
Husband and Wife.
Husband and Wife.
7. Wife is not a member of the Armed Forces of the United States of America
or any of its Allies.
8. The marriage is irretrievably broken.
9. Husband has been advised of the availability of marriage counseling and
that he may have the right to request the Court to require the parties to participate in
such counseling. Being so advised, Husband does not request that the Court require the
parties to participate in counseling prior to a Divorce Decree being handed down by the
Court.
10. Husband requests this Court to enter a Decree in Divorce from the bonds
of matrimony.
COUNT II
CUSTODY
11. Husband hereby incorporates by reference all of the averments contained
in Count I of this Complaint.
12. Husband and Wue are the biological parents of Jordan Guzzo, born
November 21, 1990 and Kiara Guzzo, born April 17, 1993.
13. Husband seeks shared legal and partial physical custody of Jordan and
Kiara.
14. Jordan and Kiara were born in wedlock and currently reside with Wife.
15. During the lifetime of the children, they have resided at the following
addresses with the following pel'SOns:
Tiwne
Address
WIth Whom
Husband and Wife
birth-l0/2005
447 Adams Road
Carlisle, P A
10/2005-present
447 Adams Road
Carlisle, P A
16. The father of the children is John Guzzo. He is separated from Wife.
Wife
17. The mother of the children is Linda Guzzo. She is separated from Husband.
18. Husband has not participated as a party or witness, or in any other capacity,
in other litigation concerning the custody of Jordan and Kiara in this or any other Court,
except as set forth above.
19. Husband has no information of a custody proceeding concerning Jordan
and Kiara pending in a Court of this Commonwealth or any other Court.
20. Husband does not know of a person not a party to the proceedings who has
physical custody of Jordan and Kiara, or claims to have custody or visitation rights with
respect to Jordan and Kiara.
21. Each parents whose parental rights to Jordan and Kiara have not been
terminated., and the persons who have physical custody of Jordan and Kiara have been
named as parties to this action. There are no other persons known to have or claim a
right to custody or visitation of Jordan and Kiara and therefore, no further notice of the
pendency of this action and the right to intervene shall be given, other than to the
parties named herein.
22. The best interest and permanent welfare of Jordan and Kiara will be served
by granting shared. legal and partial physical custody to Husband.
WHEREFORE, Plaintiff/Husband requests this Honorable Court to
enter a Decree dissolving the marriage between the Plaintiff/Husband and the
Defendant/Wife, and granting him shared legal and partial physical custody of Jordan
and Kiara Guzzo.
Respectfully submitted,
Maryann urphy, Esqui
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. # 61900
Attorney for Plaintiff/Husband
~,
AFFIDAVIT
I, JOHN GUZZO, verify that the statements made in the foregoing Complaint in
Divorce are true and correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to
authorities.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVILACfiON - lAW
JOHN GUZZO,
.
.
Plaintiff
.
.
: No. 06-2666 Civil Term
v.
.
.
: IN DIVORCE/CUSTODY
LINDA GUZZO,
Defendant
:
:
AFFIDAVIT OF SERVICE
I, Maryann Murphy, Esquire, depose and say:
1. That I am an adult individual residing in Cumberland County, Pennsylvania.
2. That on May to, 2006, I mailed the Complaint in Divorce to Defendant's attorney,
Carol J. Lindsay, Esquire, at the following address:
Saidis, Shuff, Flower &: Lindsay
26 West High Street
Carlisle, PA 17013
3. That Defendant's attorney, Carol J. Lindsay, Esquire, accepted service of the
Complaint in Divorce on behalf of Defendant and signed an Acceptance of Service dated
May 12, 2006. The Acceptance of Service is attached hereto.
S}IIf/ob
Date I /
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PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
J.D. # 61900
Attorney for Plaintiff
-4' _
INTBE COURT OF COMMON PLEAS OF CUMBERlAND COUN'IY, PENNSYLVANIA
CIVIL AcnON - LAW
JOHN GUZZO,
:
Plaintiff
.
.
: No. 06-2666 Civil Term.
v.
.
.
: IN DIVORCE
UNDAGUZZO,
Defendant
.
.
:
ACCEPI'ANCE OF SERVICE
I, CAR.OLJ. LINDSAY, ESQUIRE, am theAttorneyfor Defendant, Linda Guzzo,
in the collaborative law process for resolution of her family law issues. In tbatcapacity, I am
authorized to and have accepted service of the Complaint in Divorce, on this the 12---
day of
2006. As a part of the collaborative law process, I will be unable
Guzzo if the parties leave the collaborative lawprocess and proceed with
litigation.
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26 West High Str~
Carlisle, PA
11
JOHN A. GUZZO.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2666
v.
LINDA K. GUZZO,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on May
10. 2006.
2. The marriage of plaintiff and 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 in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge. infonnation and belief. 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: ~- a. 1-0(.
~~~
Un a . Guzz
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER6 3301 lel OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property.
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best of my
knowledge. infonnation and belief. 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: 8-a 1-0 ~
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IN TIlE COURT OF COMMON PLEAS OF CUMBBRlAND COUN1Y, PENNSYLVANIA
CIVILACI'ION - LAW
JOlIN GUZZO,
.
.
plaintiff
.
.
: No. 06-2666 Civil Term
v.
.
.
: IN DWOR.CE/CUSTODY
LINDA GUZZO,
Defendant
.
.
.
.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on
May 10, 2006.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entty of a final decree of divorce after service of notice of
intention to request entry of the decree.
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. Section 4904
relating to unsworn falsification to authorities.
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IN TIlE OOURT OF OOMMON PLEAS OF CUMBERLAND OOUNTY, PENNSYLVANIA
CIVlLACfION - LAW
JOHN GUZZO,
:
Plaintift'
.
.
: No. 06-2666 Civil Term
v.
:
: IN DIVORCE/CUSTODY
LINDA GUZZO,
Defendant
.
.
.
.
WAlVRR OF N(Jf'ICROF INTENTION TO REQITF..ClT
ENTIt.YOF ADIVOR~ D1l'.r.RRR UNDER.
SECI'ION ~~ol(el OFTHR DJVORt'!R.CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verifytbat thestatements made in this Affidavit aretme and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2666
JOHN A. GUZZO.
Plaintiff
LINDA GUZZO.
Defendant
IN DIVORCE
PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
""S AGREEMEHT made "'" ?, I P- ""J of ~ ,2006, ""'"'"
JOHN A. GUZZO, of 12 Jane Lane, Carlisle, Cumberland County. Pennsylvania, hereinafter
referred to as John. and LINDA K. GUZZO, of 447 Adams Road. Carlisle, Cumberland County.
Pennsylvania, hereinafter referred to as Linda.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage on
October 17, 1981 in West Virginia; and
R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of
Cumberland County, Commonwealth of Pennsylvania. to Number 06-2666 Civil Term; and
R.3: The parties hereto desire to settle fully and finally their respective financial and
property rights and obligations including, but not limited, of all matters between them relating to
the ownership of real and personal property, claims for spousal support, alimony, alimony
pendente lite. counsel fees and costs. and the settling of any and all claims and possible claims
against the other or against their respective estates.
R4: The parties also desire to settle their issues of custody of their minor children
Jordan Guzzo. bom November 21.1990, and Kiara Guzzo. born April 17. 1993. counsel fees and
costs, and the settling of any and all claims and possible claims against the other or against their
respective estates.
1
R5: The parties have reached the Agreement contained herein through negotiations in
the context of a Collaborative Law Participation Agreement entered on February 10, 2006.
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
mutually kept and performed by each party. as well as for other good and valuable consideration
and intending to be legally bound, it is agreed as follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from time to time
may choose or deem fit, free from any control, restraint or interference from the other. Neither
party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by
any legal or other proceeding. Each party shall be free of the interference, authority or contact by
the other as if he or she was single and unmarried except as maybe necessary to carry out the
terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken
and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce
action, and will execute and file the necessary documents to finalize the divorce after the
expiration of ninety (90) days of the service of the Complaint and the moving party shall move for
the entry of the divorce decree at that time.
(3) REAL PROPERTY: The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 447 Adams Road, Carlisle.
Cumberland County. Pennsylvania. Within thirty (30) days of the date of this Agreement. John will
execute a Deed provided to him by Linda, conveying to her all his right. title and interest in the
Adams Road property. Linda shall pay all household expenses for the Adams Road property,
including, but not limited to, mortgages, home equity loans, liens of record, utility bills. insurance
and real estate taxes in connection with the said property. With regard to all such expenses,
2
Linda shall hereby hold John harmless and indemnify him from any loss thereon. By June1, 2009,
Linda will refinance the marital home or. by other means. provide for John's release on the first
mortgage and on the home equity loan. At the time of the refinance, Linda will pay to John
$15,000.00. If Linda is unable to arrange for John's obligation on the first mortgage and the home
equity loan to terminate by June 1. 2009, then she will pay interest at the rate of 6% on
$15,000.00 due to John from June 1. 2009 to the date of the release of John's obligation on the
mortgages and payment to him of $15,000.00. Nevertheless, in no circumstance shall John
remain obligated on the mortgage and home equity loan, beyond June 1, 2011. Furthermore,
Linda shall pay to John the $15,000.00 owed pursuant to this section plus any interest due and
owing by June 1. 2011.
In the event that Linda does not make payments on the mortgage or the home equity loan
in a timely manner, and John makes such payments, Linda shall reimburse John for those
payments. At his election, John shall receive reimbursement either within thirty (30) days of the
payments being made or at the time John receives his share of the equity in the marital home as
set forth above. In the event that Linda otherwise fails to make payments on the mortgage and/or
the home equity loan for a period of ninety (90) days. Linda will immediately refinance those
obligations or she will sell the marital residence at John's request so that his credit will not be
unduly affected.
The parties acknowledge that the equity in the marital home is approximately $61,663.00.
The parties have committed $10.000.00 of equity for the purpose of supporting their children
through post-secondary education. That amount shall be allocated $5,000.00 to each child.
Linda shall be obligated to make the payments for the children's post-secondary education from
the equity in the marital home, or from another source as she sees fit. in the name of both
parents.
3
The children shall be third party beneficiaries of this Agreement to the extent of $5.000.00
each of educational support, payable by Linda.
(4) DEBT:
A MARITAL DEBT: Linda and John acknowledge and agree that there are no other
outstanding joint debts except for the first mortgage and home equity loan on the marital home.
John and Linda shall each be solely responsible for any credit card debt in his or her name and
shall indemnify and hold the other harmless against liability for such debt. In the event that the
parties discover any credit cards which are joint, they will immediately close the credit card
accounts.
The parties acknowledge that they have continuing exposure because they are leaving
open the joint checking account at Members 1st so that John does not have to refinance his car
loan. that each has a car loan for which the other is liable, and that John is liable on the mortgage
and second mortgage until he is released from liability pursuant to the terms of this Agreement.
Therefore, the parties agree that they will make all payments on any account for which the other is
potentially liable in a timely manner and that, in the event they are thirty (30) days past due on
such a payment, they will immediately refinance the obligation for which the payment was due so
that the other's credit will not be further effected. Furthermore, in the event that either party
should write a check on the joint account at Members 1 st for funds not available in the account, he
or she will cooperate with the other to close the account, at the other's request, so that neither's
credit will be adversely affected.
B: Post Separation Debt: In the event that either party contracted or incurred any
debt since the date of separation on October 10, 2005, the party who incurred said debt shall be
responsible for the payment thereof regardless of the name in which the debt may have been
incurred .
4
C: Future Debt: From the date of this agreement neither party shall contract or incur
any debt or liability for which the other party or his or her property or estate might be responsible
and shall indemnify and save the other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by the other party
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she
may have to any and all motor vehicles currently in possession of the other party. Each party will
execute a power of attomey at the request of the other for the purpose of transferring title to the
said vehicles. Each party shall assume full responsibility of any encumbrance on the motor
vehicle received by said party. and shall hold harmless and indemnify the other party from any
loss thereon. Specifically. Linda shall become the sole and exclusive owner of the 2001 Ford
Escape XLS and shall be exclusively responsible for the payment of the lien thereon. John shall
retain the 2000 Ford Taurus SE and shall be solely and exclusively responsible for the payment of
the lien thereon.
(6) TANGIBLE PERSONAL PROPERTY: Attached hereto as Exhibit "A" is a list of
tangible personal property which is presently at the marital home but which shall be John's sole
and separate property. Within 30 days of the date of this Agreement, John will remove the
property from the marital home at a time acceptable to him and Linda. The remaining property
shall be the sole and exclusive property of Linda. The parties hereto mutually agree that such a
distribution is a satisfactory division of the fumiture, household fumishings, appliances, tools and
other household personal property between them. and they mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such property presently in his
or her possession whether said property was heretofore owned jointly or individually by the parties
hereto. This agreement shall have the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual possession of each of the parties hereto.
5
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right.
title or interest he or she may have in or to any intangible personal property currently titled in the
name of or in the possession of the other party, including, but not limited to, stocks, bonds.
insurance. bank accounts, individual retirement accounts, employment benefits including
retirement accounts, savings plans, pension plans, stock plans. 401 K plans and the like.
Specifically. John shall be the sole and exclusive owner of the joint Members 1st account and will
cooperate so that Linda's name is removed therefrom. Linda has opened an individual Members
1st account and transferred the obligation for the direct withdrawal from her account for the home
equity loan and her car payment. John's car payment shall continue to be withdrawn from the
parties' joint Members 1st account that will be transferred into John's name only. John shall also
be the sole and exclusive owner of the Sovereign Bank account and individual Members 1st
account. Additionally, John will be the sole and exclusive owner of his American Funds IRA with a
value of $10.626.00 and from his Ameriprise account with a value of $1,888.00. Linda hereby
waives any interest she has in those accounts which John is retaining.
The parties acknowledge that John is in possession of the proceeds of a Kemper
Advantage tax-sheltered annuity with a value, after tax, of $4,962.00. From that account, John
has paid $1.500.00 of Linda's attomey's fees and $300.00 for an appraisal of the marital home.
John will pay an additional $600.00 toward Linda's attomey's fees and shall retain the balance of
the Kemper account proceeds.
(8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor
children, Jordan Guzzo, bom November 21.1990, and Kiara Guzzo, bom April 17. 1993. shall be
shared, with both parties sharing in the decisions and important matters regarding the children
including medical. educational and religious decisions. Such decisions will be made by both
parents and in the best interests of the children. The children will reside primarily with Linda and
6
John will have partial custody of the children two full weekends per month from Friday after work
until Sunday evening provided, however, that he shall bring the children to their church. S1. John's
Episcopal Church in Carlisle, Pennsylvania, every Sunday moming for the service. John will also
have custody of the children at other times that the parents may mutually agree.
John and Linda agree to share custody of Jordan and Kiara on holidays and on the
children's birthdays. Each of the parties shall have three weeks of uninterrupted summer vacation
with Jordan and Kiara. The parties agree to provide one to the other as much advance notice as
possible for the exercise of the summer vacation weeks. John also will provide to Linda notice as
soon as he has knowledge of the two weekends each month which he desires to spend with the
children. The parties will have other times with the children as they can agree.
(9) CHILD SUPPORT: John will pay to Linda for the use, benefit, support and
maintenance of their minor children, the sum of Eight Hundred Seventy-Five ($875.00) Dollars per
month, commencing June 1. 2006. John will make the payments to Linda by a direct deposit to
Linda's personal account in the amount of Four Hundred Three and 85/100 ($403.85) Dollars
biweekly. John will also pay one-half of unreimbursed medical bills for Jordan and Kiara, These
would include any bills for doctors, dentists, prescriptions, orthodontia and counseling. The
parties will confer one with the other regarding large expenditures such as orthodontia.
John's payment of Eight Hundred Seventy-Five ($875.00) Dollars per month includes a
One Hundred ($100.00) Dollar contribution toward the cost of health insurance coverage which
Linda expects to have on the children by June 1. 2006. In the event that the children are not
accepted for coverage at the price quoted to Linda for their coverage, the parties will re-evaluate
the manner in which they treat the cost of health insurance. However. in the event that the
children are so covered and Linda's premiums for health insurance coverage increase in the
future, John will pay one-half of any additional premium charged to Linda for the children.
7
John's obligation to pay Eight Hundred Seventy-Five ($875.00) Dollars per month shall be
non-modifiable for three years commencing June 9, 2006 through June 1, 2009. Thereafter. John
and Linda may re-assess and renegotiate the support amount. If John and Linda are unable to
negotiate the amount of support, the parties agree to first retum to the collaborative law process
to resolve the matter. If the matter cannot be resolved through the collaborative law process.
Linda shall notify John of her intent to file for child support at the Office of Domestic Relations in a
timely manner and John will continue to pay Eight Hundred Seventy-Five ($875.00) Dollars per
month. together with any increase occasioned by an increase in health insurance until the
conference.
The parties are aware that extraordinary circumstances may arise which significantly
impact on Linda or John's income. such as the disability of one or the other of them. Should such
circumstances arise. and either John or Linda believes that Eight Hundred Seventy-Five ($875.00)
Dollars per month is unreasonable, the parties agree to first retum to the collaborative law process
to resolve the matter. If the matter cannot be resolved through the collaborative law process.
Linda shall notify John of her intent to file for child support at the Office of Domestic Relations in a
timely manner and John will continue to pay Eight Hundred Seventy-Five ($875.00) Dollars per
month, together with one-half of the increase in the insurance costs. until the conference. In this
event, Linda shall promptly file for child support whether the issue raised is an increase or
decrease in the present child support payment.
The parties intend that "extraordinary circumstances" shall not refer to normal increases or
decreases in their salaries, but shall refer to radical changes in the incomes of the parties.
(10) WAIVER OF ALIMONY: The parties acknowledge that each has income and
assets satisfactory to his and her own reasonable needs. Each party waives any claim he or
she may have one against the other for alimony, spousal support or alimony and alimony
pendente lite.
8
(11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been
notified of his or her right to consult with counsel of his or her choice, and have been provided a
copy of this agreement with which to consult with counsel, Linda is represented by Carol J.
Lindsay. Esquire and John is represented by Maryann Murphy, Esquire. Each party
acknowledges and accepts that this agreement is. under the circumstances. fair and equitable,
and that it is being entered into freely and voluntarily after having received such advice and with
such knowledge as each has sought from counsel. and 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. Each party shall pay his or her own attomey for all legal services
rendered or to be rendered on his or her behalf.
With the exception of those payments to which John has committed in paragraph 7 above.
each party will pay his or her own attomey's fees.
(12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other. execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
(13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax
retums. Both parties agree that in the event any deficiency in Federal. state or local income tax is
proposed. or 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 retums.
9
(14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement
shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations
contained herein. I n the event a party files such bankruptcy and pursuant thereto obtains a
discharge of any obligations assumed hereunder. the other party shall have the right to declare
this Agreement to be null and void and to terminate this Agreement in which event the division of
the parties' marital assets and all other rights detennined by this Agreement including alimony
shall be subject to court determination the same as if this Agreement had never been entered
into.
(15) COMPLETE DISCLOSURE: The parties do hereby warrant. represent,
acknowledge and agree that each is fully and completely informed of, and is familiar with. the
wealth. real and personal property, estate and assets, eamings and income of the other and has
made any inquiry he or she desires into the income or estate of the other and received any such
information requested. Each has made a full and complete disclosure to the other of his and her
entire assets. liabilities. income and expenses and any further enumeration or statement thereof in
this Agreement is specifically waived.
(16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of
them has read and understand his and her rights and responsibilities under this Agreement and
that they have executed this Agreement under no compulsion to do so but as a voluntary act.
(17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby
releases the other from any and all claims, or demands up to the date of execution hereof. It is
further specifically understood and agreed by and between the parties hereto that each party
accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all
of said party's rights against the other for past. present and future claims on account of support,
maintenance. alimony. alimony pendente lite. counsel fees, costs and expenses. equitable
10
distribution of marital property and any other claims of the party. including all claims which have
been raised or may be raised in an action for divorce.
(18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in
this Agreement. Husband and Wife. for themselves. their heirs, representatives and assigns, each
hereby forever releases. remises, discharges and quitclaims the other, and such other's heirs,
representatives, assigns and estate, from and with respect to the following:
A. All liability, claims, causes of action. damages, costs, contributions and
expenses or demands whatsoever in law or in equity;
B. All rights, title. interest or claims in or to any property of the other, whether
real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the nature of
courtesy and dower;
D. All widow or widower's rights;
E. All right. title, interest or claim in or to the other's estate, whether now
owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a deceased
spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country,
territory, state or political subdivision.
F. All rights or claims to any accounting;
11
G. All rights, claims, demands, liabilities and obligations arising out of or in
connection with the marital relationship or the joint ownership of property, whether real, personal
or mixed;
H. All rights, claims, demands, liabilities and obligations arising under the
provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time,
and under the provisions of any similar statute enacted by any other country, state, territory or
political subdivision;
I. All rights. claims, demands. liabilities and obligations each party now has, or
may hereafter have, against or with respect to the other.
(19) GOVERNING LAW: This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or
unenforceable, all other provisions shall continue in full force and effect.
(20) INCORPORATION INTO DECREE: In the event that either of the parties shall
recover a final judgment or decree of absolute divorce against the other in a court of competent
jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this Agreement shall survive any such
final judgment or decree of absolute divorce and shall be entirely independent thereof.
(21) ENFORCEMENT OF AGREEMENT: If either party believes that the other party
has breached any provision of this Agreement. the parties agree to return to the collaborative law
process to resolve the issue. If the parties are unable to resolve the issues through the
collaborative law process, either may have the right at his or her election to sue for damages for
breach or seek such other remedies for relief as may be available to him or her. The party
breaching this contract shall be responsible for payment of reasonable legal fees and costs
incurred by the other in enforcing their rights under this Agreement.
12
(22) WAIVER OF MODIFICATION TO BE IN WRITING: No modification or waiver of
any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of
any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of
the same or similar nature.
(23) NO WAIVER ON 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 in no
way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default
or breach of any provisions hereof be construed as a waiver of any subsequent default or breach
of the same or similar nature, nor shall it be construed as a waiver of strict performance of any
other obligations herein.
(24) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions, representations, or agreements. oral
or written, of any nature whatsoever. other than those herein contained.
(25) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind
the partie5 hereto, their respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto
set their hands and seals the day and year first written above.
13
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CMLACflON - LAW
JOHN GUZZO,
.
.
Plaintiff
.
.
: No. 06-2666 Civil Term
v.
.
.
: IN DIVORCE/CUSTODY
LINDA GUZZO,
Defendant
.
.
:
PRAECIPE TO TRANSMIT RECOlQ>
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 ~~Ol{C) of the
Divorce Code.
2. Date and Manner of service of the Complaint: Sent by U. S. first du" mail..
postage pre-paid. to Carol J. Lind~y. .EsqJJire. connAP.l for Defentlant on May 10. 2006.
A<:ce1'tance of Service. dated May 12.2006. signed by C'.arol J. Lindsay. fil~ on May 12.
2006.
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 Plaintiff, August 21. 2006: by Defendant, August 21. 2006.
(b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the
Divorce Code: .1Y.A
(2) Date offiling and service of the Plaintiffs Affidavit upon Defendant: .1i1J.A
4. Related claims pending: All !:)aims have been resolved by the Pronerty
Settlement and Se~tion Agreement dated July ~1. 2006.
5. Complete either paragraph (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to
Transmit Record, a copy of which is attached: N I A.
(b) Date Plaintiffs Waiver of Notice in Section 3301(C) Divorce was filed with
the Prothonotary: August ':n. 2006.
Date Defendant's Waiver of Notice in Section 3301(C) Divorce was filed with
the Prothonotary: August 24. 2006.
Maryann urphy, Esquire
PMB 246
4902 Carlisle Pike
Mechanicsburg, PA 17050
(717) 730-0422
I.D. #61900
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
STATE OF
PENNA.
JOHN GUZZO.
Plaintiff
No. 06 2666 Civil Term
VERSUS
LINDA GUZZO,
Defendant
.
DECREE IN
DIVORCE
.
.
.
AND NOW,
~h.A- 8'-
,?OOIi IT IS ORDERED AND
.
DECREED THAT
JOHN GUZZO
, PLAINTIFF,
.
LINDA GUZZO
, DEFENDANT,
.
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Property Settlement and Separation Agreement, dated
.
JULY 31, 2006, is hereby incorporated, but not merged, into
the Divorce Decree.
.
ou#J
J.
.
.
PROTHONOTARY
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SAIDIS,
FLOWER &
LINDSAY
xnoRNEYS.ATolAW
26 West High Street
Carlisle, P A
JOHN A. GUZZO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-2666
v.
LINDA K. GUZZO,
Defendant
IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that Defendant in the above matter received a Complaint in
Divorce filed on May 10, 2006 and hereby intends to resume and hereafter use her previous
name of LINDA K. POLLEY, and gives this written notice avowing her intention in
accordance with the provisions of the Act of April 2,1980, P.L., 23 P.S. 702, effective July 1,
1980.
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF
ON this, theJJ!jday of It' \/ ~ , 2006, before me, a Notary Public, personally
appeared Linda K. Guzzo, also known s Linda K. Polley, known to me or satisfactory proven
to be the person whose name is subscribed to the within instrument and acknowledged that
she executed the same for the purposes therein contained.
I
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IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~mlialSeal \ }
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, .l;~~ O'B,!ien. Notac ry Public ). /.. ll\.....-~=~
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C<1mmis~i'Xl Expires Sept 24, 2006
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