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HomeMy WebLinkAbout06-3365 I::) Barbara Sump Ie-Sullivan, Esquire Supreme Court #323] 7 549 Bridge Street New Cumberland, P A 17070 (7]7) 774-1445 STEVEN G, DONATUCCI, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 0<0- ~b..s C; c.nt Y'iiL'f"YL T AMLA L DONATUCCI, 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 papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children, When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEVEN G, DONATUCCI, Plaintiff v, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA O(,~ 33{'~ : NO, TAMLAL DONATUCCI, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE L Plaintiff is Steven G. Donatucci, an adult individual residing at 533 Brighton Place, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2, Defendant is Tamla L Donatucci, an adult individual residing at Muhlgasse 20,71263 Weil der stadt, Germany, with a mailing address ofCMR 480, Box 789 APO AE 09128. 3, Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4, The Plaintiff and Defendant were married on September 13, 1997 in Panama City, Florida, 5, There is one (1) minor child born of this marriage: Timothy M.G. Donatucci, born September 17, 1998, 6. The parties separated on March 17, 2006, 7, There have been no prior actions for divorce or annulment between the parties. 8. Plaintiff is in the air force of the United States or its allies until August 1, 2006 and waives any relief present to the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, 9, Plaintiffhas been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling, COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto, 11, The marriage is irretrievably broken and no possibility of reconciliation exists, WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with :) 3301 of the Pennsylvania Divorce Code, WHEREFORE, Plaintiff, Steven G. Donatucci, prays this Honorable Court to enter judgment: A Awarding Plaintiff a decree in divorce; and B, Awarding other relief as the Court deems just and reasonable, Dated: June 9, 2006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court 10, No, 32317 ,-. Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. tJ?- 33~i ~ I~ TAMLA 1. DONATUCCI, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT REGARDING COUNSELING I, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities, Dated: { JI/\-Jf: ,2006 ~D~. STEVEN G. DONATUCCI . ' . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. TAMLA L. DONATUCCI, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, STEVEN G. DONATUCCI, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: I T;, riP , 2006 ~D~~^ sTEVEN G. DONATUCCI --. ~ -b.s. A:J t - ~ --0 ~ '- r:? if") ~ C> n ",,> ~ ~:-~ C::~::J 0 L::":') W \..J.... " "" V L :? ~ l'f'l ~ C,,:-: Fil :IJ r- ,"71 t=- W ,- .,...) " () ~ ~r, 1--- _l~ .~r_~ ,~ (-) ---- (,,"1 (.3rT1 ," .: 5~ , :n N -< Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA 1. DONATUCCI, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Tamla 1. Donatucci, hereby accept service and acknowledge receipt of the above-captioned Divorce Complaint, having received said Complaint on the ~ day of 0)1' ~ 2006. ~(k~~!-tJ(Y )9 TAMLAL.DO ATUCCI IN AND WITH THE UNITED STATES ARMED) FORCES AT S I u r TGART GERMANY ) SS. ) ~ I()~ loq'ttD.) Before me, the undersigned officer, a Notary Public in and fef said an~ , personally appeared Tamla L. Donatucci, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Acceptance of Service are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this I ~ day of ~~ 2006. CRYSTAL L. ALDRIDGE "." """111 . /J;/~/). SGT U S ARMY ~"t-"TER ~Ul;, '}i07Ai'f;~ PARALEGAL Me, 00 424A7D . .... "c,"o"'I'-~\AL "'\\ , 0 use t ; ''is'n''~'\~_~'''-; My commission expires: =<4l:<~~~ .,y~ g:: Indefinice pet 11 use 1044(1) ~ r t-~:t'~ I' -:'..<:i~ ~\\v s~~ I, " i!)~ ,', ':,','lJr:H"IlS ,\," . (' j i';\\ -' ~'C ',>' ',",,) c~ -rJ -- . ' e e MARITAL SEPARATION AGREEMENT I. PREAMBLE THIS AGREEMENT, made and entered into this ci.l.t- ^~(-I ~ 2.00" ,by and between STEVEN G. DONATUCCI, hereinafter referred to as The Husband, and TAMLA L. DONA TUCCI hereinafter referred to as The Wife. WITNESSETH: MARRIAGE WHEREAS, the parties hereto were married on the 13th day of SEPTEMBER 1997, in PANAMA CITY, FLORIDA, and have been and are now Husband and Wife. CHILDREN WHEREAS, one child has been born as issue of this marriage, to-wit: TIMOTHY M. G. DONATUCCI, born SEPTEMBER 17,1998, and there are no other children born or conceived of this marriage. Wife has a daughter from a previous marriage, named STEPHANIE L. DONATUCCI, born AUGUST 12,1987, who was adopted by HUSBAND. Timothy M. G. Donatucci shall be referred to as "minor child" in this agreement. PHYSICAL SEPARATION WHEREAS, the parties, in consequence of disputes and irreconcilable differences, have separated on or about the 17th day of MARCH 2006, and are currently living separate and apart from each other, and have voluntarily and mutually agreed to continue to live separate and apart. AGREEMENT WHEREAS, both parties have arrived at mutually agreeable provisions to settle, adjust, compromise, and determine for all time the custody of their minor child, all rights of support and maintenance by either party against the other by reason of their marriage, and all property and other rights and obligations existing between the parties arising out of their marital relationship; CONSIDERA TION NOW THEREFORE, in consideration of the mutual promises herein made and of acts to be performed by them, the parties have agreed and by these presents do agree as follows: ~-Q.~~ Separation Agreement Page 1 of 12 ~ [)J>._~ e e II. SEPARATION OF THE PARTIES SEPARATE LIVES The parties mutually and voluntarily agree, with the intention of terminating the marriage, to continue to live separate and apart in separate places of abode, without any cohabitation, as they have since MARCH 17,2006. RECONCILlA TION Even if the parties reconcile and resume living as Husband and Wife, this agreement shall nevertheless continue in full force and effect unless and until both parties execute a notarized agreement expressly modifying or rescinding this agreement. No failure to enforce any provision of this agreement for any period of time shall constitute a waiver of such provision. RIGHT OF DIVORCE RESERVED Nothing contained in this agreement shall be construed as a waiver by either of the parties of any ground for divorce which either of them may now or hereafter have against the other, the same being hereby expressly reserved. III. CHILD CUSTODY AND VISITATION The custody of the minor child of the parties, namely, TIMOTHY M. G. DONATUCCI, shall be solely with Husband. The parties agree that although the child may reside with the Husband, both parents may visit said minor child at any and all reasonable times and places. The parties hereto represent and agree that the welfare of the child shall be the major factor governing all aspects of custody and visitation rights and it is further understood that nothing contained herein shall constitute an abandonment of the said child by either of the parties. The parties agree to consult one another with regard to any and all major decisions affecting the health, education, and welfare in the best interests of said child. The Husband shall be referred to herein as the Custodial Parent. The Wife shall be referred to as the Non-Custodial Parent. The Custodial Parent agrees to consult with the Non-Custodial Parent on such matters as major medical treatments and selection of schools for the child to promote the best interests of the child. The Custodial Parent shall exercise final determination over these matters. VISITATION The Non-Custodial Parent shall have the right to visit the child at all reasonable times and places. The Non-Custodial Parent shall have the privilege during these times, to take the child home or on outings and excursions, and with the Custodial Parent's prior consent visit the child in their home. The Non-Custodial Parent shall be ~~.~ ~ f)~_ Separation Agreement Page 2 of 12 e e responsible to pick up the child and ensure the child's return. The Non-Custodial Parent shall be responsible for costs of transporting the child for visitation purposes. Proper advance arrangements shall be made by the Non-Custodial Parent with respect to the exercise of these visitation rights. EFFORTS TO ACCOMMODATE The parties shall at all times be flexible in their visitation arrangement and shall give mature considerations to the wishes and needs of the minor child. The parties acknowledge that the best interest of the child is their paramount concern and recognize that modifications in the visitation arrangement may have to occur in order to meet the changing needs of the child and the parties to this Agreement. To that end, the parties may adjust any of the above times of visitation by mutual agreement as their respective schedules and/or the child's may require. Neither party shall arbitrarily dictate the terms of this Agreement and each shall endeavor to resolve all conflicts in good faith. In exercising and affording visitation or joint custody rights, each parent shall make all reasonable efforts to accommodate the schedule of the other parent. However, failure to reach mutual accord on a requested adjustment shall not constitute justification for the Wife or Husband to delay delivery of the child beyond the above schedule. AVAilABILITY OF OTHER PARENT If either party is required by their employer to travel overnight out of the area, the other party will have the option to make himself/herself available to care for the child during that time. If either parent is unable to care for the child, prior to using a third party to care for the child, the other parent shall be given the option to make herself available to care for the child during that time. SPECIAL EVENT The parties shall also cooperate, to the extent which may be appropriate under the circumstances, in accommodating one another should one wish to have the child for some special event or occasion other than and in addition to those specified herein above. The parties agree to work constructively with one another, and the child, in determining other appropriate times for the child to be with the Wife. Although the parties do not believe it necessary to schedule these times, the parties agree on the following principles: the parties shall share or alternate birthdays and special occasions and the parties shall make reasonable arrangements for the child as the case my be, to spend weekday time with the Wife, consistent with the schedules and the best interests of the child. OPTIONAL VISITATION Under this agreement visitation shall be optional with the Wife, and her failure to Separation Agreement ~~~ ~-~->.P~ Page 3 of 12 tit e exercise such rights on any occasion, for whatever reason, shall not be construed as a waive of future rights. However, any such unused visitation shall not accumulate. PARENTAL RESPONSIBILITY DISPARAGING REMARKS Neither party will disparage or criticize the other party in the child's presence, and each party will ensure that other adults refrain from disparaging or criticizing the other party in the child's presence. TELEPHONE Notwithstanding any of the above-specified provisions regarding custody and visitation, the parties shall each be allowed to communicate with the child by telephone and other means as the situation may reasonably require from time to time. NOTICE OF CHANGE OF ADDRESS Each party shall at all times keep the other apprised of his or her current permanent address within 30 Days of any intended change thereof. Such notice shall provide the other party of the intended date of change of address, the specific street, route address, city or county, state and zip code of the intended new address. IV. CHILD SUPPORT AMOUNT No child support is due or contemplated at this time, however, Father will remain financially responsible for the child. The Parties also agree there will be no child support due for Stephanie L. Donatucci who is the adopted daughter of the Husband. At the time of execution of this Agreement, Stephanie is an eighteen (18) year-old adult female. POST -SECONDARY EDUCATION The Parties agree that the differences of the parties in no way effect their affection for the child and they both agree to assist the child with the reasonable expenses of vocational or academic education beyond secondary schooling, whenever necessary and appropriate, in the same manner as if the parties had continued to live together: provided such child is in legitimate and diligent pursuit of such education, not to exceed the attainment of a bachelor's degree. v. HEALTH CARE Separation Agreement ~~ ~l [)~ Page 4 of 12 e e MEDICAL The parties acknowledge that the minor child and STEPHANIE L. DONA TUCCI will remain covered under the current military medical coverage for so long as they qualify for such coverage under applicable law and military regulations. Coverage will be maintained as TRICARE Standard. It is further mutually agreed by and between the parties that the Wife will comply to the maximum extent possible with the provisions of any military service health program for the care of the minor child. If military facilities are reasonably available and the Wife, in a non-emergency, fails to use them, the Husband will not be liable for any expenses incurred. If civilian facilities are used, the Wife specifically agrees to maintain all records and receipts required by said military service health care program and to prepare whatever forms are required for obtaining reimbursement for medical care and treatment for the minor child. For both, minor child and STEPHANIE L. DONATUCCI, the Husband shall obtain identification cards, and take all other actions necessary to assure that the child enjoys full access to, and benefits from, any government operated, funded or reimbursed medical care program for which dependents of present and former service members are eligible under the law. A copy of this Agreement, or of an abstract containing this paragraph, shall constitute the Husband's direction and request to the administrator of any such program to enroll the child as a participant. For both, minor child and STEPHANIE L. DONA TUCCI, the parties agree that the Husband shall pay 100% of the annual TRICARE deductible. The parties also agree that the Husband shall pay 100% of the cost share, excess charges, and uninsured medical expenses including, but not limited to, medical, hospitalization, medication, mental health and optometry for the period of time that the child is the Husband's dependent for the purpose of medical care. The parties also agree that the Wife will cover any medical costs for STEPHANIE L. DONA TUCCI beyond the annual TRICARE deductible that the Husband will cover. DENTAL The Husband agrees to enroll the child in the military dental care program for so long as they qualify for such coverage under applicable law and military regulations. The Husband is responsible for paying the premiums. If the Husband terminates his military service prior to retirement, the Husband agrees to provide comparable dental insurance coverage for the child. The parties agree, for the minor child, that the Wife will comply to the maximum extent possible with the provisions of the military dental care program for the dental needs of the minor child. If participating facilities are available and the Wife, in a non- emergency, fails to use them, the Husband will not be liable for any expenses incurred. Separation Agreement Page 5 of 12 ~~~~ ~-f)..c.- _~ e e The Wife specifically agrees to maintain all records and receipts required by said military dental care program and to prepare whatever forms are required for obtaining reimbursement for dental care and treatment for the minor child. The Husband shall take all actions necessary to enroll the child in the dental care program and assure that the child enjoys full access to, and benefits from, the government operated, funded or reimbursed dental care program for which dependents of present and former service members are eligible under the law. A copy of this Agreement, or of an abstract containing this paragraph, shall constitute the Husband's direction and request to the administrator of any such program to enroll the child as a participant. The parties agree that the Husband shall pay 100% of the deductibles, cost share, excess charges, and uninsured dental expenses, including orthodontic services, for the period of time that the child is the Husband's dependent for the purpose of medical care. The parties also agree that the Wife will cover all dental costs for STEPHANIE L. DONA TUCCI. VI. EMANCIPATION EVENT With respect to a child, an emancipation event shall be deemed to occur upon the earliest happening of any of the following: 1. Reaching the age of 18 years or graduation from high school, whichever occurs first, except in the case of a handicapped child; 2. Marriage; 3. Death; 4. Entry into the Armed Forces of the United States, however, if the child is discharged from the service before his/her eighteenth birthday, an emancipation event will not have been deemed to-occur except for the period of actual service in the armed force; 5. Engaging in full-time employment other than during vacation and summer periods; 6. Engaging in part-time employment, if not a student. For the purposes of this agreement, a handicapped child shall mean one who is physically or mentally incapable of continuous self-support, as opposed to unwilling to support himself or herself at the age of eighteen years and thereafter. During the period of time the handicapped child is engaged in full or part-time employment, the obligation of the Husband for child support shall be reduced by the amount of the handicapped child's net income; but upon the termination of such employment, the Husband's obligation shall continue in full effect. Separation Agreement ~D '-, ~~~~ Page 6 of 12 e e VII. SPOUSAL SUPPORT Neither party shall now or in the future be obligated to pay to the other any amount or form of maintenance, alimony, or spousal support. They agree that neither of them shall petition any court for any form of such support and they each release the other from any obligation for support. This clause may be pleaded in bar of such a petition. VIII. MARITAL DEBTS The Husband shall be solely responsible for the following presently outstanding debts of the parties and their child: Creditor Discover Credit Card Border FCU Account Number ***Account number Husband*** ***Account number Husband*** Total Husband Debt Amount Due $4,000.00 $1,70000 $5,700.00 The Wife shall be solely responsible for the following presently outstanding debts of the parties and their child: Creditor Service Credit Union Discover Credit Card Account Number 37858712 ***Account number Wife*** Total Wife Debt Amount Due $23,000.00 $4,000.00 $27,000.00 Each party shall hold harmless and indemnify the other against any and all liability in connection with those bills that he or she is obligated to pay under the terms of this agreement. The parties hereto agree that no further debts will be contracted in the name of the other party, and to hold the other harmless in the event of a breach of this paragraph. The parties further agree that neither party shall charge or cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make, and neither shall hereafter secure or attempt to secure any credit upon or in connection with the other, or in his or her name, and each of them will promptly pay all debts and discharge all financial obligations which each may incur for himself or herself. IX. LIFE INSURANCE The Husband agrees to pay the premiums and to maintain in full force and effect insurance on his life in a net amount of $250,000.00, the designation with the minor Separation Agreement ~~' Page 7 of 12 e e child as beneficiary under the terms of insurance. The Husband agrees to execute the necessary instruments to make such irrevocable designation. The Husband shall not encumber or borrow against such policies without prior written consent of the Wife. The requirement to maintain insurance and the limitations on the Husband's actions regarding said insurance shall terminate upon the last child reaching an emancipation event as defined by this agreement, and at that time all rights, title, end interest in said insurance shall revert exclusively to the Husband. X. DIVISION OF PERSONAL PROPERTY Each party shall have as their own property all of their own personal clothing, books, and effects. With regard to monetary accounts held by each of the parties agree to the following: Husband will take full possession of the 1998 Chevy Venture Van. Husband will take full possession of the Service Credit Union checking account, balance $5,000.00. Husband will take full possession of the Tyndall Credit Union checking account, balance $10,000.00. Husband will take full possession of his ROTH IRA (value $18,000.00). Husband will take full possession of his Thrift Savings Plan (value $33,000, of which Husband agrees to give Wife $15,000.00 now). The Wife will take full possession of the 1998 Porsche Boxter now owned by the parties titled in the name of the Husband and the Wife and of an agreed value of $23,000.00, subject to an existing lien with a balance due of $23,000 and payable at the rate of 451.00 per month with 51 payments remaining shall be the property of Wife, who assumes liability for and shall make payments on the lien note when due and hold the other harmless therefrom. The Wife will take full possession of the 2006 Ford Escape now titled in the name of the Husband and the Stepdaughter and of an agreed value of $20,000, which is free and clear of all liens. Wife will take full possession of the Community Bank checking account, balance $19,000.00. Wife will take full possession of her ROTH IRA (value $13,000.00). Wife will receive $15,000.00 from Husband from his Thrift Savings Plan now. Separation Agreement ~D~, ~~ ~~CL9 Page 8 of 12 T e e XI. DIVISION OF REAL PROPERTY The duplex located at 7015 Starfish Court in Panama City, Florida shall be sold and the proceeds after expenses of sale shall be paid thirty-four per cent to the Husband and sixty-six per cent to the Wife. Husband and Wife shall have the option over all other persons to purchase the property upon payment of the other party's share of the fair market value to the non-purchasing spouse, but the Wife's option shall have first priority. XII. ENFORCEMENT The Wife agrees that she will not contact either directly or indirectly, the United States TSC Stuttgart or the Commanding Officer of the Husband with respect to the enforcement of this agreement as long as there is compliance with the terms of this agreement. XIII. BINDING EFFECT All covenants, promises, stipulations, agreements and provisions contained herein shall apply to, bind and be obligatory upon, the heirs, executors, administrators, personal representatives and assigns of the parties herein. IVX. NOTICES For purposes of this agreement, all notices or other communications given or made hereunder shall, until written notice to the contrary, be given or mailed to TAMLA L. DONATUCCI at Muhlgasse 20, Weil der Stadt, Germany 71263 and to STEVEN G. DONATUCCI at CMR 480 Box 789, APO AE 09128. XV. SEVERABILITY Should any Court hold a provision of this Agreement invalid, the remainder of the Agreement shall be given full force and effect and the invalid portion shall be struck from the Agreement or modified as the Court shall order. XVI. INCORPORATION OF AGREEMENT IN DECREE Both parties agree that the divorce proceedings and all custody proceedings will be filed in Cumberland County, Pennsylvania. The parties hereto agree that they shall be bound by all the terms of this agreement and that this agreement shall not be merged in any decree or judgment that may be granted in such an action but shall survive same and shall be forever binding and conclusive on the parties, but nothing herein shall be construed to prevent the decree of judgment in any such divorce action from incorporating in full or in substance the terms of this agreement. Separation Agreement ~~Q~' Page 9 of 12 - e e XVII. DIVISION OF MILITARY RETIRED PAY The parties agree that Husband has a military retirement plan with the U.S. Air Force in compliance with Federal Law. The Wife agrees and waives any and all current and future claims and or interest that she has with respect to Husband's military retirement plan. XVIII. RELEASE OF ESTATE RIGHTS Wife agrees that the estate of Husband, after payment of the consideration herein mentioned to Wife, shall belong to the person or persons who would have become entitled thereof if the Wife had died during the lifetime of Husband; and Wife further agrees that she will not contest any will of Husband to be probated, and will allow administration upon his personal estate to be taken out by the person or persons who would have been entitled to do so had Wife died during the lifetime of Husband. Husband agrees that the estate of Wife including the consideration herein mentioned, shall belong to the persons who would have become entitled thereto if Husband had died during the lifetime of Wife; and Husband further agrees that he will not contest the will of Wife to be probated, and will allow administration upon her personal estate to be taken out by the person or persons who would have been entitled to do so had Husband died during the lifetime of Wife. Each party releases to the other and to the heirs, executors, administrators and assigns thereof all claims to or rights of, dower, courtesy, or inheritance, descent, distribution, election, or alimony except that accruing under provisions of this agreement, in and to all property, real or personal, of the other, whether now owned or hereafter acquired. Each party renounces any claim or right to petition for letters of administration or to act as representatives of the other's estate even though there be no dissolution of marriage. IXX. TAX MATTERS ANNUAL RETURNS The parties agree to file separate federal and state income tax returns for the Tax Year 2005, and for any subsequent year during which they shall be Husband and Wife and entitled under the applicable laws and regulations to file joint returns, provided that such filing results in a lesser combined tax than would result from separate filing. Each party shall pay that proportionate share of the tax due as shall be attributable to his or her respective earnings or income and each shall indemnify and hold harmless the other against any liability for his or her own proportionate share of said tax. Any refund that is realized as a result of a joint return shall be divided equally between the parties. XX. GOVERNING LAW Separation Agreement ~D~I ~~~~cQ Page 10 of 12 e e This agreement shall be interpreted in accordance with the laws of the State of Pennsylvania. XXI. COUNSEL Wife acknowledges that Husband has been represented by counsel in negotiating this Agreement. Wife further acknowledges that she has been offered the opportunity and strongly encouraged to consult with an attorney and expressly waives such consultation. Wife has read and fully understands each and every provision of this Agreement. XXII. EXECUTION This agreement consisting of 12 typewritten pages is executed in duplicate, each of which shall be deemed to constitute an original once executed. The parties have been advised and are aware that this agreement shall not be binding on either party unless it is duly executed by both parties. XXIII. ACKNOWLEDGMENT IN WITNESS WHEREOF, I have at Kelly Barracks, Stuttgart, Germany this day of 22nd August 2005, set my hand and seal to this separation agreement, the pages hereof bearing my initials. ~ - ~--b. IJ--.- ~ ~_ STEVEN G. DONA TUCCI WITH THE UNITED STATES ARMED FORCES on Kelley Barracks, Germany On this day of~ '4 April 2006, before me personally appeared Steven G. Donatucci known to me to be the person whose name is subscribed to the foregoing separation agreement, and he acknowledged to me that he voluntarily executed the same for the purposes therein contained. This acknowledgement is executed in my official capacity under the authority granted by Title 10, United States Code, Section 1044a, which also states that no seal is required on this acknowledgement. Witness my hand and official seal on this day of a4 April 2006. ar~- L 'f'lf;J L ALDRIDGE Sf'" Ii ~ i\ , ,DI 'j v :4RMY PARALEGAL NeO 27D 1 0 U !S~pai-ati'bJJ AJrAment Page 11 of 12 ~~~ ~ . . \ . J ' ~ , e e IN WITNESS WHEREOF, I have at Kelly Barracks, Stuttgart, Germany this day of 22nd August 2005 set my hand and seal to this separation agreement, the pages hereof bearing my initials. ~Cbx:~ TAMLAL bONATU I WITH THE UNITED STATES ARMED FORCES on Kelley Barracks, Germany On this day of ~4- April 2006, before me personally appeared Tamla L. Donatucci known to me to be the person whose name is subscribed to the foregoing separation agreement, and she acknowledged to me that she voluntarily executed the same for the purposes therein contained. This acknowledgement is executed in my official capacity under the authority granted by Title 10, United States Code, Section 1044a, which also states that no seal is required on this acknowledgement. Witness my hand and official seal on this day of ~4- April 2006. ~kId1j ~'r Ii. L. AI.DRIOGf .1ul \ i\f~MY P MUll E GA t l~ C02 7 D 1(1 "(',, . "P ; lj ;!L r\ '.I!IA. \J 'v" ,'f \ j 'l..t. Separation Agreement Page 12 of 12 ~.Q~ r, r-....."'1' :;::.... , ~~-. o 'Tl --I -y- r- '- C-",; f-~l C.' \,~: ~':': } -< Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA L. DONATUCCI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 13, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 11!:f11 C'~J ~k/f)~~ STEVEN G. DONATUCCI t-~' (-) ~:.~ ~ C' o r'" cJ - OJ '0 f'V \JJ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA L. DONATUCCI, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: 1169 IOL? ~~. D~, STEVEN G. DONA TUCCI :5 0 = .1 (.:J~ c::> c:J rr1 c; C::J r,) ....0 .... Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONA TUCCI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA L. DONATUCCI, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on June 13, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~J.\ 7 ()O( C I ~Ck(~ (b~.~ -reel TAMLA L. DONATUCCI ( , . IN AND \NITH THE UNITED STATES ARME'1 FORCES f\ 1 STtnTGJ\.trr GERMANY ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TAMLA L. DONATUCCI, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of her knowledge, information and belief. fr Affirmed and subscribed to before me thisJJ day of ~, 2006. ~{ffi tiC / N ARV' BLIC- . _, My Commission Expires: 1/2ij- ZOO] EUGENE L SMITH SSG II S ARMY PAkAlEGAl NCO 270 10USC1044A (SEAL) \\\''''''''', ,\.' .'t "HE.47"~ "" ~...,~')-" ~ARIJd" ~ ~ "'-:,. .,. A;;: .,;"..0 "( 'fo' "'..T ... "0 ... ~ ~ .~~ 0 -: - > ~-UnR". " - -: ~ ~u'':''.\'i6.uctAJ : -: ~ ~~ ~r)4l\r, . . I") ,\Q\! . ~),. ;f-lt., o C :<^:,., r--.::> ~.:J c.;.::., 0'"' o r;"/ ,) c;:, C) f';,,) I.D "JJ:> :rJ -< .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 STEVEN G. DONA TUCCI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 T AMLA L. DONA TUCCI, Defendant CIVIL ACTION - LA W IN DIVORCE 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 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 statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE:kJO\l~\ ;(O~ ,~~ci O~ Y:'dJ TAMLA L. DONATUCCI ;i'j t'\!\l >::~,:rH T~E UNRTEO STATES ARME~SS. '~...:. t. i1 'j <;,.,... r,- ,...--., t ~ ."" - , , ,~".. ".'''', .', !'I.!>'?, ) ....,..- ~l 'if. M i "l;I , Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared TAMLA L. DONATUCCI, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me thislj ~ day of NaJ~l , 2006. C;'4 (Jl./ #ARY P Ie ~ / _ . My Commission Expires: /. -:)Y-2OJ7 E U G ENE f, S M I T H SSG ILS ARMY PARALEGAL NeD 270 10USC1044A (SEAL) \\\,'''''',', ", 'l'\ST ~ '''~, $"'r(>~~OTA~tt. ~~ '-=:. -.F '< ce.... :~ A~ l~ ':: ~ ~~,..13S.IJCMJ i E ~ "'Q\, 104q ..,:- ,.. f,). ",,<S~A'- ~~\~o- . ("1'-., . ---------------- ';=~ () 1: ':;, -=11 C-... S2, t ~ ~ C') -- C8 ..".,. -;::::. ,----' f'.) ..0 - (j - -. Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA L. DONATUCCI, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service ofthe complaint: Acceptance of Service on July 12, 2006. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: November 29, 2006; by Defendant: November 21,2006. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated April 24, 2006 and incorporated, but not merged, into the Decree. See paragraph XVI, page 9 of the Agreement. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was fIled with Prothonotary: November 28, 2006. Date Defendant's Waiver of Notice in ~3301(c) Divorce was fIled with Prothonotary: November 2'8, 2006. Dated: November 2:1-, 2006 (/( .. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff .. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 STEVEN G. DONATUCCI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-3365 TAMLA L. DONATUCCI, Defendant : CNIL ACTION - LAW : IN DNORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Ms. Tamla L. Donatucci c/o Mr. John Mersino CMR 480, Box 450 APO AE 09128 DATED: November:t:l-, 2006 ii,' ~ (' Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff r1 c~ r-' C.:J c::.} c~<-'" CJ r\ c; ~:A .-\ "'L-n f:~l))~i; l;;~~} c;; ..- ':: r-.,) W ) " -...;.-~~ . ~\ "";) :.<:. ~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. STEVEN G. OONATUCCI, Plaintiff No. 06 - 3365 VERSUS TAMLA L. OONATUCCI, Defendant DECREE IN DIVORCE AND NOW, "DI' -,.. -t.r '-0 . 2006 , IT IS ORDERED AND STEVEN G. OONAWCCI , PLAI NTI FF, DECREED THAT TAMLA L. OONAWCCI , 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated April 24, 2006 and incorporated, but not merged, into the Decree. J. ROTHONOTARY ~ ~ '";: _ -;/~ ~ /#~/~~v~L ~ " / _~~ ~ l?' ./- /P;l' "11/ 1#01) /''':7 / ' . ?rJ;C r".:/ . / ,"'1/7 .l re' f:; Il~ ..-" ,