Loading...
HomeMy WebLinkAbout06-2940ROCCO PALADINO, Plaintiff V. DOLOREZA VICTORIA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04, - ,29,gb t... ItA'- / " : CIVIL ACTION - 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 maybe 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 ofyour 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 at: Cumberland County Courthouse One Courthouse Square 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, PA 17013 (717) 249-3166 ROCCO PALADINO, Plaintiff V. DOLOREZA VICTORIA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ?In - •Z 9"0 CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301(D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Rocco Paladino (SS# 161-62-8217), a citizen of Pennsylvania whose primary residence is located at 6059 Edward Drive, Mechanicsburg, Pennsylvania, 17050. 2. Defendant is Doloreza Victora a citizen of Pennsylvania whose primary residence is 198 Birch Lane, Carlisle, Pennsylvania, 17013. 3. Plaintiff and Defendant are suijuris. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on November 19, 1984 in New Bern, North Carolina. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. There were two children born of this marriage. COUNT I. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 9. Paragraphs one through eight are incorporated as if fully set forth herein. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. 13. Defendant is not now and has never been a member of the armed forces of the United States. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT II Request for Equitable Distribution of Marital Property Under 43502 of the Domestic Relations Code 14. Plaintiff hereby incorporates Paragraphs 1 through 13 of his Complaint as if fully set forth herein. 15. The parties are owners of marital property subject to equitable distribution. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. WHEREFORE, Plaintiff prays this Honorable Court issue a Decree in Divorce, divorcing his bonds of matrimony, pursuant to Section 3301 (c) or 3301 (a) (6) if the Domestic Relations Code. Respectfully submitted, DATE: o G (717) 234-4583 Harrisburg, Pa 17102 ID # 10625 ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. DOLOREZA VICTORIA : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION I, ROCCO PALADINO, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. DATE: OCCO PALADINO ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. DOLOREZA VICTORIA : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this IY4 day of AU/ 2006, I, Sharlene R. Gates, for the Lawfum of Krevsky & Rosen, P.C., on behalf of Plaintiff, ROCCO PALADINO, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, via First Class, United States, Certified Mail, on the following: DOLOREZA VICTORIA 198 BIRCH LANE CARLISLE, PA 17013 Natko - Sharlene R. Gates 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 N c ? C C p l -1 T r; N v? N fV C c.a 91 t may,., c-,1 -LJ `?Ytl ?t ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2940 CIVIL TERM DOLOREZA VICTORIA : CIVIL ACTION - IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Lawrence J. Rosen, attorney for Plaintiff, Rocco Paladino, served the Notice To Defend and Complaint in Divorce on the Defendant, Doloreza Victoria, relative to the above matter. Said service was made on May 26, 2006 by U.S. Certified Mail, returned receipt requested at the following address: DOLOREZA VICTORIA 198 BIRCH LANE CARLISLE, PA 17013 1101 North Front Street Harrisburg, Pa. 17102 ID# 10625 Phone: (717) 234-4583 Fax: (717) 234-3650 1 SENDER: Q .complete n a 1 andlor 2 for addNional services. I also wisfit to receive ifte ¦CornpMta Name 3,41a, and 4b, ¦ Print your name and address on the reverse of Na form so that we can return this burning services (for an extra fee): card to you. .Attach this form to the front of the mailosce, or on the back if W space does not 1. ? Addressee's Address ¦ W r Return Receipt Requested' on the mailpieoe below the article number. 2. ? Restricted Delivery aThe Rehm Receipt will show to whom the article was deliver ed and the date o delivered. Consult postmaster for fee. 3. Article Addressed to: do ArHrla womFcr 7001 1940 0004 1686 5129 a US n _[ 8 4b. Service Type • 1-10 13 C Ai e PPS 1 ? Registered Crtifed ? Ex M il I w r 5 , press a ? nsured ? Retum Receipt for Merchandise ? COD C 7. Date of Delivery 1 ` 0 5. Received By: (Print Name) 8. Addressee's Address (Only if requested c and fee is paid) a r ~ g 6. Signal : (A m e orAgent) _ PS Form 3811, December 1984 102595-97-B-0179 Domestic Return Receipt r?- _ C11? -TI t'= CO :7 ? " i 1 ti t i f?0 Gil CJL- Plaintiff Vs 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. U Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the Wowing claims: ( Divorce () Distribution of Property () Annulment ( ) Support O Alimony O Counsel Fees () Alimony Pendente Lite (} Costs and. Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Esquire). (3) The Staturory ground (s) for divorce (is) (are) /Vo F4-t& ^ SE&-4h 'd YMCA- L?a$ (4) Delete the inapplicable paragraph(s): b. Ae apeement has been reached %vith to the fb1'wWn9-9W=- c. The action is contested with rpspeet to the f (S) The action (itn v ) (does not involve) complex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: Date: G ?/?`??a L 2 00`l' ,? C A rney for (Pl4intiff) (Defendant) Print Attorney Name ......... AND NOW, , 20 Esquire is appointed master with respect to the following claims: By the Court: j/ AL.FD.,. =rive OF THIFE 2009 APR 24 Psi l,= 2 6 APR 27 2009, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs /'a?"'p3c- V. PC, a d rn? Docket No. Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: (IDDivoree () Distribution of Property () Annulment () Support O Alimony O Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) (has not) appeared in the action (personally) (by his attorney, Esquire). (3) The Staturory ground (s) for divorce (is) (are) No t4-tif ^ SE&-*tts4 Ymc.c. f-oaS o . (4) Delete the inapplicable paragraph(s): The action is contested with respect rto the following claim; f e' cep grz a?' a w Nfit-t'??i0 a/-' /' Aar (5) The action (inyetvd) (does not involve) complex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: Date-2T/-' Z 007 C r A rney for (Plyintiff) (Defendant) Print Attorney Name ......... vX%"W A% Z%K r valI A JU v 1? i iL AND NOW, , 20 0 , Esquire is appointed master with respect to the following claims: _?tU?,? a-e-M? Cj L _ 5 ^ } r -. ?g..tt ,rie ?"1A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ROCCO W. PALADINO, II, No.: 06-2940 Plaintiff . Vs. . DOLOREZA V. PALADINO, CIVIL ACTION IN DIVORCE Defendant PETITION FOR RELATED CLAIMS AND NOW, comes the Defendant, Doloreza V. Paladino, by and through her counsel, Nealon Law Firm, PC, who files the following Petition for Related Claims: COUNT I - EQUITABLE DISTRIBUTION 1. Plaintiff and Defendant possess various items of both real and personal marital property, which is subject to equitable distribution by this court. WHEREFORE, Plaintiff, Doloreza V. Paladino, requests this Honorable Court to equitably distribute the marital property after an Inventory and Appraisement has been filed by the parties. Date: e)Respectfully submitted, NEALON LAW MUM By: Janes G. Nealon, III, Esquire I.D. #: 46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 RLED-ITICE OF THE PROR-f` NIOTARY, 1009 JUL -2 AM 11: 4 4 CUWL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ROCCO W. PALADINO, II, No.: 06-2940 Plaintiff Vs. DOLOREZA V. PALADINO, CIVIL ACTION IN DIVORCE Defendant PRAECIPE OF ENTRY OF APPEARANCE To The Prothonotary: Please enter the appearance of the undersigned counsel on behalf of the Defendant, Respectfully su tted, NEALON L PC By. James G. Nealon, III, Esquire Supreme Court I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 DolorezaV. Paladino, with respect to the above captioned matter. Dated: "t It I'D 5 0 CERTIFICATE OF SERVICE AND NOW, this ? day of tal009, I hereby certify that I have served the foregoing Entry of Appearance on the following by U.S. Mail: Lawrence J. Rosen, Esquire KREVSKY & ROSEN, PC 1101 North Front Street Harrisburg, PA 17102-324 Jaynes G. Nealon, III OF TFE F-MI f7NOTAPY' 2009 JUIL -2 AM ! ! : t} 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ROCCO W. PALADINO, II, Plaintiff Vs. DOLOREZA V. PALADINO, Defendant C' No.. 06-2940 CIVIL ACTION IN DIVC!t?E MARITAL SETTLEMENT AGREEMENT C.._ x•• Lo `ft^ THIS AGREEMENT, made this day of January, 2010, by and between ROCCO W. PALADINO, II (hereina er called "Husband") and DOLOREZA V. PALADINO (hereinafter called "Wife"). WITNESSETH: WHEREAS, Husband and Wife were married on November 19,1984; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the promises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree 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 as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. T r 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Marital Home 1. During the marriage, Husband and Wife acquired an interest in the obtained the property known as 6059 Edward Drive, Mechanicsburg, PA. Husband's Mother, Genevieve Paladino also has an interest in the property. The parties agree that they own 50% of the property and that Genevieve Paladino owns the other 50% 2. The Parties agree to list the property for sale. The property shall be listed by a realtor chosen by the Parties. The listing price shall be recommended by the realtor. The Parties agree to reduce the listing price if recommended by the realtor and agreed to by Genevieve Paladino. Any offer within 5% of the original listing price or dny reduced price shall be accepted by the parties. 3. The parties will cooperate in order to sell the property. Husband shall make the property available for viewings when requested by the realtor. 4. At settlement, the parties agree that the proceeds will first be used to pay the existing first and second mortgages on the property as thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 5. NO-FAULT DIVORCE. At the time of the execution of this Agreement, both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code. 6. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at hi or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 7. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 8. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by the respectively. Both parties acknowledge that they have had the advice and benefit of counsel in entering into this Agreement. 9. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 10. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 11. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 12. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 or any subsequent default of the same or similar nature. 13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 14. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. well as cost of sale or other charges to provide the property free and clear to the buyers. The net proceeds will be split with Genevieve Paladino receiving 50%, Husband receiving 25% and Wife receiving 25%. If the mortgage is not current on the property, Husband agrees that the amount necessary to bring it current will come from his share of the proceeds. B. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the 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 constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 1. INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes 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 or 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 cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. 2. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 3. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 4. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ROCCO W. PALADINO, II Witness D E V. PALADINO ALED-10 ,F'F ?.. I TI-J I Pr. ,D; r? ?'.: '^ -1 FAY 7010 JAN 19 F11 3: 15 IN THE COURT OF COMMON &1LAND COUNTY, PENNSYLVANIA FA1V>?IL' ?ASION ROCCO W. PALADINO, II, No.: 06-2940 Plaintiff Vs. DOLOREZA V. PALADINO, CIVIL ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 22, 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 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.A § 4904 relating to unsworn falsification to authorities. DATE: t I C Doloreza V. aladino f-1LP- IN THE COURT OF COMMON PAW4 '('UlW"ND COUNTY, PENNSYLVANIA ROCCO W. PALADINO, II, Plaintiff FA Y LAW 1 IV TN rye' No.• 06-2940 Vs. DOLOREZA V. PALADINO, CIVIL ACTION IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND 4 3301(d) OF THE DIVORCE CODE 1. 1 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A § 4904 relating to unsworn falsification to authorities. DATE: Doloreza V. a adino ROCCO PALADINO, JR., Plaintiff VS. DOLOREZA V. PALADINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2940 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ds- day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 18, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ' Lawrence J. Rosen /Attorney for Plaintiff James G. Nealon, III Attorney for Defendant N) T ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 0 FAMILY LAW DIVISION W rr, ROCCO W. PALADINO, II : NO. 06-2940 F Plaintiff -- V. CDP z DOLOREZA V. PALADINO, : CIVIL ACTION - IN DIVORCE .tom... - rn -< Defendant AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 22, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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: I9 J07r? OCCO W. PALADINO, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ROCCO W. PALADINO, II : NO. 06-2940 ?-, ;9 Plaintiff n v. `f r m p -P rn DOLOREZA V. PALADINO, : CIVIL ACTION - IN DIVORCE Defendant °C' 'J8 c= ?rn r v, -c WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my 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 by1 the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: ZD/D CO W. PALADINO, II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY LAW DIVISION ROCCO W. PALADINO, 11, Plaintiff Vs. DOLOREZA V. PALADINO, Defendant N 06 2940 o.: - CIVIL ACTION IN DIVQL;E '- ' MARITAL SETTLEMENT AGREEMENT ? P--. THIS AGREEMENT, made this day of January, 2010, by and between ROCCO W. PALADINO, 11 (hereina ter called "Husband") and DOLOREZA V. PALADINO (hereinafter called "Wife"). WITNESSF_TH: WHEREAS, Husband and Wife were married on November 19, 1964; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the promises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree 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 as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone, shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Marital Home 1. During the marriage, Husband and Wife acquired an interest in the obtained the property known as 6059 Edward Drive, Mechanicsburg, PA. Husband's Mother, Genevieve Paladino also has an interest in the property. The parties agree that they own 50% of the property and that Genevieve Paladino owns the other 50% 2. The Parties agree to list the property for sale. The property shall be listed by a reactor chosen by the Parties. The listing price shall be recommended by the realtor. The Parties agree to reduce the listing price if recommended by the realtor and agreed to by Genevieve Paladino. Any offer within 5% of the original listing price or any reduced price shall be accepted by the parties. 3. The parties will cooperate in order to sell the property. Husband shall make the property available for viewings when requested by the realtor. 4. At settlement, the parties agree that the proceeds will first be used to pay the existing first and second mortgages on the property as well as cost of sale or other charges to provide the property free and clear to the buyers. The net proceeds will be split with Genevieve Paladino receiving 50%, Husband receiving 25% and Wife receiving 25%. If the mortgage is not current on the property, Husband agrees that the amount necessary to bring it current will come from his share of the proceeds. B. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the 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 constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 1. INCOME TAX. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes 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 or 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 cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. 2. ALIMONY/SPOUSAL SUPPORT. Both parties agree to male no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties 3. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 4. FINANCIAL DISCLOSURE. The parties have fully disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 5. NO-FAULT DIVORCE. At the time of the execution of this Agreement, both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code. 6. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at hi or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 7. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect. to the provisions of this Agreement. 8. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by the respectively. Both parties acknowledge that they have had the advice and benefit of counsel in entering into this Agreement. 9. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 10. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 11, ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 12. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. -t-he failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 13. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 14. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have and year first above written. hereunto set their hands and seals the day 7-/Rocco W. PALADINO, li Witness 4in rTPE2A V. PALADINO ROCCO PALADINO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2940 CIVIL TERM DOLOREZA V. PALADINO : CIVIL ACTION - IN DIVORCE Defendant 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 (x) 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 26, 2006, via United States Certified Mail. 3. Date of execution of the Affidavit of Consent & Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code required by Section 3301 (c) of the Divorce Code: by the Plaintiff on January 19, 2010; by the Defendant on January 18, 2010. 4. Related claims pending: The Marital Settlement Agreement dated January 18, 2010 is incorporated, but not merged into the final divorce decree. p Lvk?- Lawrence J. Rosen, Esquire Attorney for Plaintiff n ? - te -. , -r, 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Rocco Paladino V. Doloreza V. Paladino DIVORCE DECREE AND NOW, /-3 X20 /? , it is ordered and decreed that Rocco Paladino plaintiff, and Doloreza V. Paladino , 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.") The Marital Settlement Agreement dated January 18, 2010, is incorporated and not merged into the Final Divorce Decree. By the Court, NO. 06-2940 14 l3.? 0 \° ctev. ?Gt