HomeMy WebLinkAbout06-3632i
JON THAN J. VERRECCHIO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
NO. % - 34P 3z-
ERI MARIE VERRECCHIO, )
Defendant ) IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
foreg 'ng pages, you must take prompt action. You are warned that if you fail to do so, the
case ay proceed without you and a decree in divorce or annulment may be entered against
you b the court. A judgment may also be entered against you for any other claim or relief
reque ted in these papers by the Plaintiff. You may lose money or property or other rights
impo ant to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA 'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU Y LOSE THE RIGHT TO CLAIM ANY OF THEM.
HA
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
3 BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
[ON THAN J. VERRECCHIO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
VS. ) CIVIL ACTION - LAW
3G
T.?.-
NO. 01, 3 z
ERIN MARIE VERRECCHIO, )
Defendant ) IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
'on have been named as the Defendant in a Complaint in a divorce proceeding filed
in the Pourt of Common Pleas of Cumberland County. This notice is to advise you that in
nee with Section 3302 (d) of the Divorce Code, you may request that the court
you and your spouse to attend marriage counseling prior to a divorce being handed
down ? y the court. A list of professional marriage counselors is available at the Domestic
list is
list.
and
Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
ept as a convenience to you and you are not bound to choose a counselor from this
tl necessary arrangements and the cost of counseling sessions are to be borne by you
ir spouse.
f you desire to pursue counseling, you must make your request for counseling within
days of the date on which you receive this notice. Failure to do so will constitute a
of your right to request counseling.
J. VERRECCHIO,
Plaintiff
VS.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. OG - 3432- ct?a Tw
VERRECCHIO,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
NOW comes the above-named Plaintiff, JONATHAN J. VERRECCHIO, by his
y, Samuel L. Andes, and makes the following Complaint in Divorce:
The Plaintiff is JONATHAN J. VERRECCHIO, an adult individual who currently
at 2 Old Coach Lane in Carlisle, Cumberland County, Pennsylvania.
. The Defendant is ERIN MARIE VERRECCHIO, an adult individual whose mailing
is c/o Mary Hogan at 319 Carol Street in New Cumberland, Cumberland County,
Both the Plaintiff and Defendant have been bona fide residents of the
of Pennsylvania for at least six months immediately previous to the filing of
this
The Plaintiff and Defendant were married on 23 October 2004 in Camp Hill,
and County, Pennsylvania.
There have been no prior actions of divorce or annulment between the parties.
The marriage is irretrievably broken.
Plaintiff has been advised of the availability of marriage counseling and the
may have the right to request that the Court require the parties to participate in
COUNT I - IRRETRIEVABLE BREAKDOWN
The Plaintiff requests this Court to enter a Decree in Divorce.
Plaintiff requests this Court to enter a Decree in Divorce pursuant to
the
Code of Pennsylvania.
COUNT II - EQUITABLE DISTRIBUTION
During the course of the marriage, the parties have acquired numerous items of
, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
FORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Derendant, to equitably divide the property, both real and personal, owned by the parties
as marital property.
L. An&9
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12`h Street
Lemoyne, Pa 17043
(717) 761-5361
verify that the statements made in this Complaint are true and correct. I understand
that a #y false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsw rn falsification to authorities).
JONATHAN . VERRECCHIO
V ? iz??
O a `
V
C
f
-J
J
-n
1 i'i
.THAN J. VERRECCHIO,
Plaintiff
VS.
MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06- 3432
6-u;,I f
IN DIVORCE
PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE
in
At
group
and u
Her
1ND NOW comes the above-named Plaintiff, by his attorney, Samuel L. Andes, and
is the court to award him exclusive possession of his residence at 2 Old Coach Lane
sle, Cumberland County, Pennsylvania, based upon the following:
The Petitioner herein is the Plaintiff and the Respondent herein is the Defendant.
The parties were married on 23 October 2004 and separated in mid June 2006 after
f told Defendant that he wanted a divorce and did not want to continue the marriage.
time the parties were living in Philadelphia and Plaintiff left that residence and
d to Central Pennsylvania to live and work.
Plaintiff is a physician who has recently accepted employment with a medical
Carlisle. As a result of that employment he was paid a substantial cash advance
l the funds from that advance to make a down payment for the acquisition of a
,e at 2 Old Coach Lane in Middlesex Township, Cumberland County, Pennsylvania.
invested no marital funds in the acquisition of that property and believes it is not
property.
. After Plaintiff returned to this area, Defendant followed him here and has
lly entered his home at 2 Old Coach Lane. Despite of repeated requests by Plaintiff,
mt frequently refuses to leave the home. While she is present, she harasses Plaintiff,
fly in an attempt to persuade him to return to her and to the marriage.
Defendant has not physically moved into the home and it is not her residence.
Bence, however, prevents Plaintiff from enjoying the use and occupancy of the
and interferes with his privacy.
Plaintiff has just commenced employment with his new medical group and is
under onsiderable pressure to perform his professional duties in a responsible and
competent way. Defendant's constant intrusions into his privacy and her refusal to allow
him t remain alone in his new home threatens his ability to perform properly in his new
7. The home is titled in Plaintiff's name alone and is encumbered by liens on which
Plaintiff owes approximately $360,000.00 and which require monthly payments of principal
and in erest in excess of $3,800.00. In order for Plaintiff to maintain the home and pay the
mortg ge and other expenses of the home, he will not have adequate funds to locate or
obtain other housing.
Defendant is apparently not employed and does not have the financial means to
pay th? debts and other expenses associated with the residence.
Plaintiff prays this court to award him exclusive possession of the
at 2 Old Coach Lane in Carlisle, Middlesex Township, Cumberland County,
.nia, until the conclusion of the divorce or until further order of this court.
?;?l -
eRan?el L. A es
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
that
verify that the statements made in this document are true and correct. I understand
false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
falsification to authorities).
Date: I h l a a
?b
J T VERRECCHIO
CJ ;:}
^i t
C_, "' ?
.. r__
.?;-
^R 1
`
w} i
?
f
Cn1
.•
... '
:?? ` ?
.. ?? '?
`JUN 7 a 2898
fr-
JONATHAN J. VERRECCHIO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs. ) CIVIL ACTION - LAW
NO.
ERIN MARIE VERRECCHIO, )
Defendant ) IN DIVORCE
ORDER OF COURT
AND NOW, this 5d day of 2006, a hearing is
hereby scheduled on the Petition of the Plaintiff for Exclusive Possession of the Residence at
2 Old Coach Lane. The hearing will be held before the undersigned in Court Room No.
' ( of the Cumberland Count Courthouse in Carlisle, Pennsylvania, commencing at
i-30 o'clock g .m. on the day of
2006.
BY THE COURT,
Distribution:
,,56muel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12s' Street, Lemoyne, PA 17043
rin Marie Verrecchia (Defendant)
c/o Mary Hogan, 319 Carol Street, New Cumberland, PA 17070
SOW
O`\
I
l? 4 Ji'll(1"+
V
n
P?l
JONATHAN J. VERRECCHIO,
Plaintiff
V.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 06-3632 Civil
: IN DIVORCE
EMERGENCY PETITION FOR SPECIAL RELIEF,
PURSUANT TO PA RULE OF CIVIL PROCEDURE 1920.43
AND NOW, comes the Petitioner, Erin Marie Verrecchio, Defendant in the
above-captioned divorce matter, by and through her attorneys, Friedman & King, P.C., who avers
as follows:
1. The Petitioner is Erin Marie Verrecchio, the Defendant in the above-captioned
divorce action.
2. The Respondent is Jonathan J. Verrecchio, the Plaintiff in the above-captioned
divorce action.
3. The Petitioner and Respondent were married on October 23, 2004 in Camp
Hill, Cumberland County, Pennsylvania.
4. Subsequent to the parties' marriage, the parties resided in the Philadelphia,
Pennsylvania area.
5. Subsequent to the marriage, the Respondent/Husband obtained gainful
employment as a medical doctor in Carlisle, Cumberland County, Pennsylvania.
6. In anticipation of the parties' relocation due to Respondent/Husband's new
employment, the Respondent/Husband did purchase the residence at 2 Old Coach Lane,
Middlesex Township, Cumberland County, Pennsylvania.
7. Subsequent to the purchase of the residence at 2 Old Coach Lane, Middlesex
Township, Cumberland County, Pennsylvania, both the parties transferred their marital, as well
as non-marital, belongings into that residence.
8. On June 27, 2006, the Respondent/Husband filed a Petition for Exclusive
Possession of the residence located at 2 Old Coach Lane, Middlesex Township, Cumberland
County, Pennsylvania.
9. On June 28, 2006, the Respondent/Husband filed a divorce action in the Court
of Common Pleas of Cumberland County, docketed at No. 06-3632 Civil.
10. It is believed, and therefore averred, that the Honorable Judge Hess scheduled
a hearing relating to the Petition for Exclusive Possession for 9:30 a.m. on Thursday, July 13,
2006.
11. Subsequent to the filing of the aforementioned Petition for Exclusive
Possession, the parties, through their legal counsel, Samuel L. Andes, Esquire for
Respondent/Husband, and Richard S. Friedman, Esquire for Petitioner/Wife, did agree to the
entry of an Order by way of Stipulation between the parties, which Order would have awarded
exclusive possession of the residence at 2 Old Coach Lane, Middlesex Township, Cumberland
County, Pennsylvania, to the Plaintiff, Jonathan J. Verrecchio, effective 10:00 a.m. on Monday,
July 24, 2006. The agreement further called for the Petitioner/Wife, Erin Marie Verrecchio, to
vacate the residence at 2 Old Coach Lane, Middlesex Township, Cumberland County,
Pennsylvania by 10:00 a.m. on Monday, July 24, 2006, and to not return to the property
thereafter without the prior consent of the Plaintiff. A copy of correspondence from Samuel L.
Andes, Esquire, representing Respondent/Husband, dated July 11, 2006, along with the proposed
Stipulation and Order, both prepared by Samuel L. Andes, Esquire, are attached hereto and
collectively marked as Exhibit "A".
12. It is believed, and therefore averred, that counsel for the Respondent/Husband
did cause the hearing scheduled to adjudicate Respondent/Husband's Petition for Exclusive
Possession to be cancelled, due to the aforementioned agreement between the parties.
13. On the morning of Friday, July 14, 2006, after the Petitioner/Wife had
returned to Carlisle from a visit in Philadelphia, the Petitioner/Wife learned by way of a
telephone conversation with the Respondent/Husband that he had "changed his mind", and had
placed all of her personal belongings in the garage of the home.
14. Upon arrival at the residence located at 2 Old Coach Lane, Middlesex
Township, Cumberland County, Pennsylvania, the Petitioner/Wife discovered that all of the
locks on the home had been changed, contrary to the agreement between the parties, thereby
effectively denying her access to the residence and her personal belongings.
15. During the aforementioned telephone conversation between the parties on the
morning of July 14, 2006, the Petitioner/Wife was informed by Respondent/Husband that he had
"fired" his attorney of record, Samuel L. Andes, Esquire, and was planning on meeting with new
prospective counsel sometime during the week starting July 17, 2006.
16. During telephone communication on the morning of July 14, 2006, between
the offices of Friedman & King, P.C. and Samuel L. Andes, Esquire, counsel for Petitioner/Wife
was informed that Attorney Andes was on vacation, and an attempt to contact Attorney Andes by
his staff would be attempted.
17. On the morning of July 14, 2006, at approximately 11:00 a.m., counsel for the
Petitioner/Wife did receive a telephone call from Attorney Andes, and was informed that:
A. The language as contained in the proposed Stipulation (attached as
Exhibit "A") was prepared by Attorney Andes and did accurately reflect the agreement between
the parties through counsel.
B. Attorney Andes, then acting as legal counsel for the
Respondent/Husband, did inform the Respondent/Husband of the final terms of the agreement
prior to Attorney Andes then arranging for the previously scheduled hearing on the
Respondent/Husband's Petition for Exclusive Possession to be cancelled.
C. Attorney Andes did receive a telephone call from Respondent/Husband
on Wednesday, July 12, 2006, indicating that the Respondent/Husband intended to get new legal
counsel.
D. Attorney Andes, having received the executed copy of the Stipulation
from legal counsel for Petitioner/Wife after the aforementioned conversation with his client
terminating his services, did correspond with the Respondent/Husband indicating that since he
was no longer legal counsel for the Respondent/Husband, he did not feel that he could execute
the Stipulation on the Respondent/Husband's behalf.
18. The arbitrary and capricious actions taken by the Respondent/Husband as
described above, have greatly distressed the Petitioner/Wife, and have resulted in her effectively
being excluded from the residence and denied her personal belongings, despite prior agreements
to the contrary.
WHEREFORE, the Petitioner/Wife respectfully requests this Honorable Court
immediately enter an Order allowing her exclusive possession of the residence at 2 Old Coach
Lane, Middlesex Township, Cumberland County, Pennsylvania, and her personal belongings
therein, and further directing the Respondent/Husband to take no further steps in an attempt to
exclude her from the residence until such time as the issue of possession of the residence is
properly adjudicated.
Respectfully submitted,
C.
Date
Jo F. King, Esquire
1. :
60 N. Second Street
P nthouse Suite
. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
VERIFICATION
I, Erin Marie Verrecchio, hereby acknowledge that I am the Petitioner in the
foregoing action; that I have read the foregoing Emergency Petition for Special Relief,
Pursuant to PA Rule of Civil Procedure 1920.43; and the facts stated therein are true and
correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated:
?11'1 Erin Marie errecchio :,OAF a
Exhibit A
JUL-11-2006(TUE) 10:23 Samuel Andes, Esq. (FRX)717 761 1a35 P.001/003
SAXuaey. L. A=zs
A7 xOIU= AT x.sw
=IS 7POWU %IAIMZ a sir
1t O. 22= .tau
("r) rot•Wal
VAX
11 July 2005 trIT1 7??•i•4?ei
SENT BY FAX Fr REGULAR MALI. f 2$f?8U80)
Richard Friedman, Esquire
500 North Second Street
Harrisburg, PA 17108
RE: Erin Marie Verrecchia
Dear Dick:
I enclose a copy of judge Hess's Order scheduling the hearing in this case for
9:30 a.m.'this Thursday morning. As we have agreed., that hearing will not be
necessary because your client has agreed to vacate the proporty no later khan Monday,
24 July 2006.
I have prepared and I enclose a Stipulation and, proposed order to implement
this agreement.. If -it is satisfactory.,.please,sigo. and.dato the copy lbaLl am faxing to... .. .. ,...... ,..
you and return it to me. I will notify the Judge so that -the hearing can be canceled.
You can then sign -the original, if you receive it before you leave on vacation, or have
John King sign it for you and I will file the original directly with the court.
In the meantime, I understand our clients are discussing various ways to
resolve the case. Wi Lb a little luck, they will reach agroement and you and I will not
have to do much more.
Thank you for your cooperation-
amh / Enclosures
Sincerely,
Samuel L. Andes
cc: Mr. Jonathan J. Verrecchio
JUL-I1-2006(Tl1E) 10:23 Samuel Rndes, Esq.
JONATHAN J. VERRECCHIO, )
Plaintiff )
v5. )
ERIN MARIE VERRECCHIO, )
Defendant )
ORDER
(FRX)717 761 1435 P.002/003
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-3632 CIVIL
IN DIVORCE
AND NOW, this day of JULY 2006, upon stipulation of counsel for
the parties, we hereby award exclusive possession of the residence at 2 Old
Coach Lane in Middlesex Township, Cumberland County, Pennsylvania, to the
Plaintiff, Jonathan J. Verrecchlo, effective 10:00 a.m. on Monday. July 24, 2006.
The Defendant Erin Marie Verrecchio is to vacate the property by 10:00 a.m. on
Monday, July 24, 2006 and not to return to the property thereafter without the
prior consent of the Plaintiff.
This order shall remain in full force and effect until further order of this
court.
BY THE COURT.
J.
Distribution_
Samuel L Andes. Esquire (Attorney for Plaintiff)
525 North 721 Street Lemoyne, PA 77043
Richard Friedman, Esquire (Attorney for Defendant)
600 North Second Street Harrisburg, PA 17708
FRIEDMAN & KING, P.C.
600 N. 2nd Street, Fifth Floor
P.O. Box 984
Harrisburg, PA 17108
(717)236-8000
(717)236-8080 (fax)
friedmanandking®hotmaiI com
Richard S. Friedman
John F. King
FAX TRANSMISSION
FOLLOW UP COPIES MAILED
July 11, 2006
Samuel L. Andes, Esq.
525 N. Twelfth St.
PO Box 168
Lemoyne PA 17043
In re: Verrecchio
Dear Sam:
Attached please find the signed stipulation and my signed entry of appearance. I
will mail the originals to you tomorrow, since the last mail has gone for the day, and you should
have them Thursday.
As we discussed, I will be away from the close of business tomorrow through
Monday, July 24, but you can certainly discuss any issues which might arise with my partner,
John King.
Very truly yours,
Richard S. Friedman
RSF/ka
attachments
cc: Erin Verrecchio
JUL-11-2006(TUE) 10:23 Samuel. Rndes. Esq.
JONATHAN J. VERRECCHIO, )
Plaintiff )
vs. }
)
ERIN MARIE VERRECCHIO, )
Defendant )
STIPULATION
(FRX)717 761 1d35 P.003I003
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-3632 CIVIL
IN DIVORCE
AND NOW this day of JULY 2006, the above-named parties, by
their undersigned attorneys, who represent to the court that they have been
authorized by their clients to enter into this Stipulation, stipulate and agree that
the Plaintiff shall be awarded exclusive possession of the residence at 2 Old
Coach Lane in Middlesex Township, Cumberland County, Pennsylvania. effective
at 10:00 a.m. on Monday, 24 July 2008, and that the court shall enter the
attached order to implement this agreement.
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761=5361
Date:
d`
Richa " riedrnan
Attorney for Defendant
Supreme Court ID # 0-71-7C
600 North Second Street
Harrisburg, PA 17108
(717) 236-8000
Date -7
JONATHAN J. VERRECCHIO,
Plaintiff
v.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 06-3632 Civil
IN DIVORCE
CERTIFICATE OF SERVICE
I, John F. King, Esquire, hereby certify that on July 14, 2006, I served a copy
of the within Emergency Petition for Special Relief, Pursuant to PA Rule of Civil Procedure
1920.43, by Hand Delivery, addressed as follows:
Jonathan J. Verrecchio
C/o Carlisle Endoscopy Center
241 Alexander Spring Rd.
Carlisle, PA 17013
& KIN
hff F. King, Eire
00 N. Second reet
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
JONATHAN J. VERRECCHIO,
Plaintiff
V.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
No. 06-3632 Civil
IN DIVORCE
CERTIFICATE OF SERVICE
I, John F. King, Esquire, hereby certify that on July 14, 2006, I served a copy
of the within Emergency Petition for Special Relief, Pursuant to PA Rule of Civil Procedure
1920.43, by depositing same in the United States Mail, first class, postage prepaid, addressed
as follows:
Samuel L. Andes, Esquire
525 N. Twelfth St.
P.O. Box 168
Lemoyne, PA 17043
& KING, P.C.
J F. King, Esqu
00 N. Second Street
Penthouse Suite
P. O. Box 984
Harrisburg, PA 17108
(717) 236-8000
r.
_1
JONATHAN J. VERRECCHIO,
Plaintiff
V.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON
CUMBERLAND COUNTY PEN
No. 06-3632 Civil
IN DIVORCE
RDER
AND NOW, this day of , 2006, upon Petition
for Special Relief by Petitioner/Wife, pursuant to Pa. R.C.P. 1920.43, it is hereby ORDERED
and DECREED that:
-A. Petitione,71Mfe, Erin Mmle rrecc o,
e re
qty,
e ,
ha ,X, y
B. The Respondent/Husband shall take `l" finer steps to exclude
Petitioner/Wife from the residence until such time as the issue of possession is properly
adjudicated; and
C. A hearing is scheduled to be heard before
41-A9_, in
Court Room J-1 of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013, at T " /]m. on the day of 2006
,
BY THE COURT:
?; ?.._
4?i
;?
t ?? ? `may ? ? ?
.. t :. .,.
r L' ?
_... _.
_, ? _....? 'I'
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
JONATHAN J. VERRECCHIO,
Plaintiff
V.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 2006-3632
PRAECIPE TO WITHDRAW APPEARANCE
Please withdraw my appearance on behalf of JONATHAN J. VERRECCHIO in the
above-captioned matter.
Dated: 2006
Respectfully submitted,
Samuel L. Andes, squire
P.O. Box 168
Lemoyne PA 17043
(717) 761-5361
Supreme Court I.D. 17225
PRAECIPE TO ENTER APPEARANCE
Please enter my appearance on behalf of JONATHAN J. VERRECCHIO in the above-
captioned matter.
Dated: 2 ®2006
Respectfully
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
JONATHAN J. VERRECCHIO, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - DIVORCE
ERIN MARIE VERRECCHIO,
Defendant : NO. 2006-3632
CERTIFICATE OF SERVICE
I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the
foregoing Praecipe to Withdraw Appearance and Praecipe to Enter Appearance, in the above-
captioned matter upon the following individual by first class mail, postage prepaid, addressed as
follows:
Dated: August 23, 2006
Richard S. Friedman, Esquire
Friedman & King, P.C.
600 N. 2°d Street, Fifth Floor
P.O. Box 984
Harrisburg, PA 17108
'5arbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
?
cr o
a Q
?,
T7 t''.
_ i r 2+
C? T
rr7 ?
fn
m
tt? N
F
?O
(l LL
?f(l
O
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-03632 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
VERRECCHIO JONATHAN J
VS
VERRECCHIO ERIN MARIE
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE was served upon
VERRECCHIO ERIN MARIE the
DEFENDANT , at 1944:00 HOURS, on the 5th day of July 2006
at 2 OLD COACH LANE
CARLISLE, PA 17013 by handing to
ERIC VERRECCHIO
a true and attested copy of COMPLAINT - DIVORCE
LETTER AND PETITION
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
? .
Service 20.24 ,??
Postage .39
Surcharge 10.00 R. Thomas Kline
.00
48.63 ? 07/06/2006
L-?,, SAMUEL ANDES
Sworn and Subscibed to By:
before me this day Deputy She iff
of A.D.
IN THE COURT OF COLON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JONATHAN J. VERRE=O,
Plaintiff
VS.
ERIN MARIE VERRECCHIO, .
N0, 2005-- 3632
MOTION FOR APPOINTMENT OF MASTER
Jonathan J. Verrecchio (Plaintiff) moves the court to appoint
a master with respect to the following claims:
(X) Divorce (X) Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) 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) (mot appeared in the action (perse=!M:7'
(by her attorney, Rich ard S. Fri _ 'Esquire)
(3) The staturory ground(s) for divorce ( (are) 3301(c) and 3301(d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
following claims:
(c) The action is contested with respec t to the following
claims:
.(3) The action (-mss) (does not involve) complex issues of law
or fact. (6) The hearing is expected to take one (:heuvs-) (days) .
(7) Additional information, if any. r va t e motion:
,at ? Date: October 11, 2007
t--Attorney for (Plaintiff)
ORDER APPOINTING :•SASTER Barbara S e- u iv6n, Esquire
AND NOW ,19 , Esquire,
is appointed master with respect to the following claims:
By the Court:
J
z C5
c
W r C7) n-n
,,.. F
Ca
a
[r
JONATHAN J. VERRECCHIO,
Plaintiff
VS.
ERIN MARIE VERREOCHIO,
IN THE COURT OF CONY-ON PLEAS OF
CLMERLAND COUNTY, PENNSYLVANIA
2D0?
®cT 15
N0, 2006 - 3632
MOTION FOR APPOINT= OF MASTER
Jonathan J. Verrecchio (Plaintiff) (.aa ast), moves the court to appoint
a master with respect to the following claims:
(X) Divorce (X) Distribution of Property
( ) Anuulment ( ) Support
( ) Alimony ( ) 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) (4w&e-iw=e4 appeared in the action
(by her attorney, Richard S. Friedman Esquire).
(3) The staturory ground(s) for divorce ? (are) 3301(c) and 3301(d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not congested.
(b) An agreement has been reached with respect to the
following claims:
(c) The action is contested with respect to the following
claims :
(5) The action ( (does not involve) complex issues of law
or fact.
(6) The hearing is expected to take One (:hours (days).
(7) Additional information, if any. r va t e motion:
Date: October 11, 2007
ORDER APPOINTLVG
jA&
.AND OW 'L I _, -7
Attorney for (Plaintiff)
Barbara S e- i , Esquire
Es
is appointed master with respect to the following claims:
Zi*- ?? C
J
a
C-3
r rn
uf- •s
act
tx i CL
EL p
N ??
4 f 11
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ?^ay of December, 2007, by and between Jonathan
J. Verrecchio, hereinafter referred to as "HUSBAND", and Erin Marie Verrecchio, hereinafter
referred to as "WIFE".
WITNESSETH, That:
WHEREAS, the parties hereto are husband and wife, having been lawfully joined in
marriage on October 23, 2004, in Camp Hill, Cumberland County, Pennsylvania;
WHEREAS, no children were born of this marriage;
WHEREAS, it is the intention of the parties to settle fully and finally their respective
financial and property rights and obligations as between each other arising out of the marriage
relationship or otherwise, including without limitation (1) the settling of all matters between
them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of HUSBAND
and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles
and interests, claims and possible claims in or against the estate of the other.
NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference and deemed an essential part hereof in consideration of the foregoing recitals, the
mutual promises, covenants and undertakings herein set forth, and for good and valuable
consideration, receipt of which is hereby acknowledged by each of the parties hereto,
HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as
follows:
Final -12/11/2007
I . w
SECTION I
GENERAL PROVISIONS
1. ADVICE OF COUNSEL
HUSBAND and WIFE declare that they have each had a full and fair opportunity to
obtain independent legal advice of counsel of their selection. HUSBAND has been
independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently
represented by Richard S. Friedman, Esquire. Each party further declares that they are executing
this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their
legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable
and is not the result of any fraud, coercion, duress, undue influence or collusion.
Both parties further acknowledge and agree that each has fully disclosed their respective
financial situations to the other, including their assets, liabilities and income. Each of the parties
acknowledge and agree that, after having received such information and with such knowledge,
this Agreement is fair, reasonable and equitable and that it is being entered into freely,
voluntarily and in good faith and that the execution of this Agreement is not the result of any
duress, undue influence, coercion, collusion and/or improper or illegal Agreement.
2. PERSONAL RIGHTS
HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each
shall be free from all control, restraint, interference or authority, direct or indirect, by the other in
Final - 12/11/2007 2
all respects as if she or he were unmarried, except as may be necessary to carry out the provisions
of this Agreement. Each may reside at such place or places as she or he may select. Each may,
for his or her separate use or benefit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. This provision shall not be
taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness
of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and
WIFE shall not molest, harass, or malign the other or the respective families of each other, nor
compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with
the peaceful existence, separate from each other.
2. FINANCIAL DISCLOSURE
The parties have fully disclosed to each other the extent of each other's income, assets,
liabilities, holdings and estate. Each party warrants that the information provided has fully and
accurately described the extent of his or her holdings. Each of the parties acknowledge that he or
she is aware of his or her right to seek discovery including, but not limited to, written
interrogatories, motions for document production, depositions, and other means of discovery
available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they
have had the right to have property fully appraised. Each party is fully satisfied that no additional
information is necessary for the execution of this Agreement.
3. MUTUAL CONSENT DIVORCE
The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions
Final - 12/11/2007 3
of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents
necessary to effectuate a divorce under those provisions concurrently with the execution of this
Agreement. The parties intend that a divorce decree be entered prior to December 31, 2007. The
parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed
simultaneously with the execution of this Agreement and HUSBAND shall immediately praecipe
for entry of the decree.
5. SUBSEQUENT DIVORCE
A decree in divorce, entered by the Court of Cumberland County, shall not suspend,
supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions
contained herein, as well as the enforcement of said terms and conditions, shall not be contingent
upon the granting of a Divorce Decree to either party by the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This
Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force
and effect and there shall not be a modification or waiver of any of the terms hereof unless the
parties, in a writing signed by both parties, execute a statement declaring this Agreement or any
term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall
be incorporated by reference but shall not be deemed merged into any judgment or decree for
divorce obtained by either party.
Final- 12/11/2007 4
N
6. OTHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
forthwith execute and deliver to the other party, any and all written instruments, assignments,
releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for
the proper effectuation of this Agreement.
7. MUTUAL RELEASES
Except as otherwise expressly provided by this Agreement,
A. Each party hereby absolutely and unconditionally releases and forever discharges
the other and the estate of the other for all purposes from any and all rights and obligations which
either may have or at any time hereafter have for past, present or future support or maintenance,
alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any
other right or obligation, economic or otherwise, whether arising out of the marital relationship
or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its
supplements and amendments, as well as under any other law of any other jurisdiction, except
and only except all rights, agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provision thereof. Neither party shall have
any obligation to the other not expressly set forth herein.
B. Each party hereby absolutely and unconditionally releases and forever discharges
the other and his or her heirs, executors, administrators, assigns, property and estate from any and
all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of
the parties or otherwise, whether now existing or hereafter arising. The above release shall be
effective regardless of whether such claims arise out of any former or future acts, contracts,
engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other
country. It is expressly understood, however, that neither the provisions of this release nor the
subsequent entry of a divorce decree are intended to defeat the right of either party to receive any
insurance proceeds at the death of the other of which she or he is the named beneficiary (whether
the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the
right of either party to receive any legacy, bequest or residuary portion of the other's estate under
his or her will, or to act as personal representative or executor if so named by the will of the
other, whether such will was executed prior or subsequent to this Agreement.
Final - 12/11/2007 5
C. Except for any cause of action for divorce which either party may have or claim to
have, and except for the obligations of the parties contained in this Agreement and such rights as
are expressly reserved herein, each party gives to the other by the execution of this Agreement an
absolute and unconditional release and discharge from all causes of action, claims, rights or
demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
8. SUCCESSOR'S RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to
the benefit of the parties hereto, their respective heirs, executors, administrators, successors or
assigns.
9. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force
and effect without being impaired or invalidated in any way.
10. ENTIRE AGREEMENT
HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all
of the representations, promises and Agreements made by either of them to the other for the
purposes set forth in the preamble hereinabove; that there are no claims, promises or
representations not herein contained, either oral or written, which shall or may be charged or
enforced or enforceable unless reduced to writing and signed by both of the parties hereto.
Final- 12/11/2007 6
11. BINDING EFFECT OF AGREEMENT/WAIVER
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 parry to insist upon strict performance of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar
nature, nor shall such failure be construed as a waiver of any other term, condition, clause or
provision of this Agreement.
12. BREACH
If either party breaches any provision of this Agreement, the other party shall have the
right, at his or her election, to sue for damages for such breach or seek such other remedies or
relief as may be available to him or her, and 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.
13. CONTROLLING LAW
This Agreement shall be construed and governed in accordance with the laws of the
Commonwealth of Pennsylvania.
14. TAX RETURNS
The parties agree that in the future if any penalties or interest or any liability for failure to
Final- 12/11/2007 7
declare income or the wrongful claiming of any deduction shall be assessed by the United States
Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a
consequence of the parties' Federal and State income tax returns which were filed jointly by the
parties, said tax, penalties or interest shall be the sole responsibility of the party found to have
made the wrongful tax filing. The party responsible for the error shall further suffer the
consequences solely and hold the opposite party harmless. Each party agrees to hold the other
party harmless from any penalty, interest or liability for such reason arising out of the filing or
failure to file any past tax return. If the liability is the result of a computation error or an error
not attributable to the intentional or grossly negligent conduct of either party, the parties shall
share equally in all future tax liability or tax assessment, penalties and interest.
SECTION II
EQUITABLE DISTRIBUTION
During the marriage, the parties have accumulated various assets and liabilities, the
disposition of which is intended as follows:
1. ASSETS
A. PERSONAL and HOUSEHOLD PROPERTY
HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-
marital and marital personal and household property, including but without limitation, jewelry,
clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of
WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the
present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of
Final - 12/11/2007 8
the parties do hereby specifically waive, release, renounce and forever abandon whatever claims,
if any, he or she may have with respect to any of the above said items which are the sole and
separate property of the other.
This document shall constitute a bill of sale for said sole property.
B. REAL ESTATE
The parties have interest in two properties. The Agreement for division of same is set
forth below:
1) 7229 Valley Avenue, Philadelphia:
The parties purchased the property known as 7229 Valley Avenue, Philadelphia,
Pennsylvania prior to their marriage and hold the property as tenants in common. The property is
encumbered by three liens being: Wells Fargo, Account No. 135153252 in the approximate
amount of $150,000.00; PNC, Account No. 01-01-8110091569 in the approximate amount of
$31,500.00; and PNC Line of Credit, Account No. 1103048110394041 in the approximate
amount of $41,000.00. WIFE desires to maintain this house as her residence and HUSBAND is
agreeable to this provided that WIFE shall refinance or otherwise obtain the release of
HUSBAND from the Wells Fargo and PNC liens as set forth above. Therefore, the parties agree
that HUSBAND shall execute a deed transferring all his rights, title and interest in the real estate
to WIFE. Said deed shall be prepared by counsel for WIFE and held in escrow be counsel for
HUSBAND until such time as WIFE has been successfully able to secure the refinance of the
aforesaid debts or otherwise obtain the release of HUSBAND from said liabilities. Pending such
Final- 12/11/2007 9
.4 •
refinance or release, WIFE shall continue to name HUSBAND as an additional insured on the
property's casualty and liability insurance coverage and WIFE shall maintain said coverage, at
her sole costs and expense, at the same level of coverage that the parties maintained prior to
separation. WIFE shall have six months to secure the refinance or release of liability of
HUSBAND from the home. In the event that such refinance or release is not completed by June
30, 2008, the house shall be immediately listed for sale at a reasonable, market price and said
sale shall be diligently pursued by WIFE. Upon sale, all of the proceeds shall be the sole
property of WIFE. Further, any loss resulting from the sale shall be the sole responsibility of
WIFE and WIFE shall indemnify and hold HUSBAND harmless from same. WIFE shall claim
any and all capital gains tax, if applicable, arising from the property's sale. Pending the sale,
WIFE shall be solely responsible for any past, present and future principal, interest, penalties and
mortgage costs as well as any taxes, insurance and/or any debts associated with the real estate.
WIFE shall be solely responsible for all costs of repair or alterations to the property. HUSBAND
does hereby waive, release and relinquish any claim he has to recover the down payment which
he made of $6,600.00 to secure the home.
2) Old Coach Lane, Carlisle:
The parties also purchased real estate known as 2 Old Coach Lane, Carlisle. The house is
individually titled in HUSBAND's name alone and, at the time of separation, was encumbered
with two mortgages being Countrywide, Account No. 127519270 in the approximate value of
$301,000.00 and Countrywide, Account No. 127519262 in the approximate value of $65,000.00.
The parties agree that HUSBAND shall be the sole owner of said real estate and WIFE does
Final - 12/11/2007 10
J
% hereby transfer any and all rights, title and interest which she may have in the property to
HUSBAND. Since HUSBAND's name appears solely on the deed and debts, no new deed shall
be executed. However, in the event in the future a need might arise for configuration of WIFE's
waiver of any claim or interest in the property, WIFE agrees that she shall execute a Quitclaim
deed as might be requested by HUSBAND. The parties further acknowledge that the down
payment monies of approximately $22,500.00 for said property came from HUSBAND's sign on
bonus with his current employer. WIFE waives any and all claims to said sign on bonus.
HUSBAND shall claim any and all capital gains tax, if applicable, arising from the property's
sale. HUSBAND shall indemnify and hold WIFE harmless from any liability for any debts or
costs associated with this real estate.
C. MOTOR VEHICLES
Two vehicles existed in the household at the time of separation. They are addressed
below:
1) 1998 BMW 323: This vehicle was owned by HUSBAND prior to marriage and
shall continue to be his sole and separate property. WIFE waives any and all claims
thereto.
2) 2006 Toyota 4-Runner: This vehicle is in the possession, control and sole use of
WIFE and is subject to a lease agreement to which HUSBAND is liable. In consideration
of WIFE's desire to continue to use said vehicle, WIFE agrees that she will pay timely the
monthly payments during the remainder of the lease hold. She will also maintain the
Final -12/11/2007 11
% w f
vehicle in good and proper working order as required by the lease. At the conclusion of
the lease, WIFE will either return the vehicle to the dealership and shall be solely liable to
pay any additional lease costs associated with the car arising out of any damage, mileage
overages, or any other claims. In the event that WIFE desires to purchase the car, said
decision shall be in the sole discretion of WIFE and at her sole cost. WIFE shall
indemnify and hold HUSBAND harmless and indemnify him from any and all claims,
causes of action, suits, damages, costs, including attorney fees, which he may occur as a
result of WIFE's operation, WIFE's control of this vehicle, or her obligation to make full,
timely payment or perform any other obligation concerning the vehicle in accordance
with the terms of the lease. This shall include, but not be limited to, attorney fees
incurred in enforcement of this indemnification. Within thirty (30) days of the date of
this Agreement, WIFE shall attempt to secure a release of liability of HUSBAND from
the lease. If WIFE can secure such release, HUSBAND agrees to pay to WIFE in
January, 2008, the alimony payment to which WIFE would have been entitled to in June,
2008. This early payment will only be due if it allows WIFE the necessary cash to secure
HUSBAND's release from the lease. If this payment is made prior to June 1, 2008, no
June alimony payment will be due and the alimony payment shall terminate on May 31,
2008.
D. FINANCIAL ASSETS:
The parties acknowledge that the marital financial accounts which existed during the
marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been
Final - 12/11/2007 12
? M
closed. Each party hereby waives, relinquishes and releases any claims to the financial accounts
in the possession of the other.
The following accounts and any proceeds contained therein are the sole and separate
property of HUSBAND:
1) PSECU Savings, Account No. 01; and
2) PSECU Checking, Account No. 04.
The following accounts and any proceeds contained therein are the sole property of
WIFE:
1) SBI Federal Credit Union Savings, Account No. 741500;
2) SBI Federal Credit Union Checking, Account No. 741500;
3) Belco Savings, Account No. 031621; and
4) Belco Checking, Account No. 031621.
The following accounts were joint accounts and have been closed and the proceeds
expended for marital debts:
1) PNC Interest Checking;
2) SBI Federal Credit Union Savings; and
3) SBI Federal Credit Union Checking.
E. PENSION AND RETIREMENT ACCOUNTS:
During the marriage, HUSBAND accumulated certain enhancements to pre-marital
retirement benefits through his employment. This increase in value of HUSBAND's Vanguard
Final - 12/11/2007 13
e, ,
.0 •
Retirement Plan, Account No. 090015 was $1,697.00. Said account shall be the sole property of
HUSBAND and WIFE agrees to waive any and all claims thereto. WIFE warrants that she has
earned no retirement or other deferred employment benefits during the marriage.
Any retirement benefits earned by either party after separation shall be the sole and
separate property of the respective party.
F. INSURANCE
Each party shall retain ownership of any life insurance policy in his or her name.
G. MEDICAL PRACTICE
HUSBAND warrants that, at the time of separation, he had no ownership interest in any
business or medical practice. Since separation, HUSBAND has been asked to become a partner
in a medical practice. WIFE acknowledges that no marital interest exists in HUSBAND's
present business interest.
H. 2006 INCOME TAX REFUND
For the tax year of 2006, the parties agreed and did file a joint tax return. The result was
that a refund check in the amount of $14,664.00 was received by the parties. HUSBAND also
individually paid $501.00 for the joint state return, $287.06 to the West Shore Tax Bureau,
$66.00 to the City of Philadelphia and $1,089.00 as a business privilege tax from his sole and
separate income. Simultaneously with execution of this Agreement, the parties agree that they
Final - 12/1112007 14
•.
shall execute the joint IRS refund check and deposit same into an escrow account for counsel for
HUSBAND. Once said check has cleared, counsel shall remit a check in the amount of
$7,427.92 which represents full payment of the marital debts assumed by WIFE of Wells Fargo,
(Chain Mar Furniture) and Sears. WIFE shall utilize said sums to completely pay off any
balances due and owing on said cards and shall close said accounts. The remaining proceeds
from the check shall be the sole and separate property of HUSBAND and counsel for
HUSBAND shall release said remaining amount to him free and clear of any claim of WIFE.
2. DEBTS
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other parry may be responsible or liable except as otherwise provided
herein, and that except only for the rights arising out of this Agreement, neither party will
hereafter incur any liability whatsoever for which the other party or the estate of the other party
will be liable. Each party agrees to indemnify and hold harmless from and against all future
obligations of every kind incurred by them, including those for necessities.
HUSBAND shall be liable and responsible for the following debts and will indemnify and
hold WIFE harmless from the same:
1) Providian, Card No. 4185-8734-8628-5975 (Approximate date of separation
balance $14,293.68); and
2) PNC, Card No. 4264299340477786 (Approximate date of separation balance
$24,204.02).
Final- 12/1112007 15
As set forth in Section H. above, WIFE shall be responsible for payment of the Sears
account (date of separation balance $2,762,98) and the Wells Fargo (Chain Mar Furniture Debt -
date of separation balance $4,664.94). WIFE agrees to pay said sum in full with the proceeds of
the 2006 income tax refund check. WIFE shall be liable for and indemnify and hold HUSBAND
harmless for said debts.
To the best of the parties' knowledge, the parties affirm no other joint debts exist and all
joint credit cards are terminated.
SECTION III
1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND
COUNSEL FEES
HUSBAND agrees to pay to WIFE the sum of Five Thousand Four Hundred Twelve
Dollars ($5,412.00) per month as alimony. These payments shall be payable monthly with one
half paid on the first of each month and one half payable on the 15t` of each month. For the
month of January, 2008 and in consideration of WIFE's termination of the Domestic Relations
action docketed to PACSES No. 944108478 effective November 30, 2007 without any arrears or
credit, HUSBAND shall make a payment of $5,412.00 on the first of January, 2008 and the sum
$5,412.00 on the 15`h of January, 2008. Commencing February 1, 2008 and continuing through
June, 2008 unless when HUSBAND's obligation for alimony shall forever cease and terminate,
HUSBAND shall make a payment of $2,706.00 on the first of each month and $2,706.00 on the
15th of each month. This alimony shall be contractual in nature and shall be non modifiable in
term or amount by any court under any circumstances. The alimony shall be declared and
Final -12/11/2007 16
M * ?
D
includable as income to WIFE in her tax filings and shall be a deductible by HUSBAND on his
return. The alimony can terminate earlier than June 30, 2008 in the event of WIFE's
cohabitation, remarriage or death of Wife. Except as set forth above, both parties acknowledge
and agree that the provisions of this Agreement providing for equitable distribution of marital
property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full
and final satisfaction of any claims or demands that either may now or hereafter have against the
other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and
WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other
any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees.
As set forth above, WIFE has indicated that she does not want any further payments made
pursuant to the Order of November 29, 2007 in calendar year 2007. Thus, WIFE confirms, that
Order dated November 29, 2007 was suspended and terminated effective December 1, 2007
without any arrearage or credit being due.
SECTION IV
1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS
The parties acknowledge that this Agreement shall become effective when actually signed
by both parties.
JM4 &4
WITNESS
till
I EFinal - 12/11/2007 17
J a . Verrecchio
rIA.JL A I Yck ki 9:d Lo
A - ?k- i #
Marie errecch o
AL +,,44
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Jonathan J. Verrecchio, who being duly affirmed according to
law, deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best of his knowledge, information and belief.
to beforg4ais CV* day of December, 2007.
NOTARY PUBLIC
Nola tsd seal
Barbara SurrV"u*m, Notary PubBc
My commission expires: New QnbwkM Bork, Cumberland County
Mly Canmke m E6tpirires.Nov.15, 2011
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
)SS.
COUNTY OF
Before me, the undersigned officer, a Notary Public in and for said Commonwealth and
County, personally appeared Erin Marie Verrecchio, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Marital
Settlement Agreement are true and correct to the best of her knowledge, information and belief.
Affirmed and subscribed to before me this
NOTARY PUBLIC
My commission expires:
I day of December, 2007.
(SEAL)
COMMOWMAI:TH OF PENNSYLVANM
NOTAPIAL SEAL.
WMTW-A. AUEYMAN, Nfty PWJW
s`
MON n uvp bbl
g
Final -12/1112007 18
w
ca Q
n
{ '+
co
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
JONATHAN J. VERRECCHIO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -DIVORCE
ERIN MARIE VERRECCHIO, :
Defendant NO. 2006-3632
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 27, 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 if I 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.
DATE46 (? Q
JONATH J. VERRECCHIO
? -s3
:,• -?a
=r? ??
??k ---
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
JONATHAN J. VERRECCHIO, IN THE COURT OF COMMON PLEAS
Plaintiff
v.
ERIN MARIE VERRECCHIO,
Defendant
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -DIVORCE
NO. 2006-3632
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
4-3301(c) OF THE DIVORCE CODE
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. §4904 relating to unworn
falsification to authorities.
DATE: In zC9 //I) ? _ /1"I
J J. VERRECCHIO
9
;
x ._. n
ro -31
? li
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
JONATHAN J. VERRECCHIO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -DIVORCE
ERIN MARIE VERRECCHIO,
Defendant NO. 2006-3632
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
June 27, 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 if I 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: 02
MARIE VERRECCHIO
ro
?Jll
rn
co
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
JONATHAN J. VERRECCHIO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
ERIN MARIE VERRECCHIO,
Defendant
: CIVIL ACTION -DIVORCE
: NO. 2006-3632
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301(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. §4904 relating to unsworn
falsification to authorities.
_?q
DATE:
ERIN MARIE VERRECCHIO
C
MX ci
r ?
?i 3P
Cr
C
co
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
JONATHAN J. VERRECCHIO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -DIVORCE
ERIN MARIE VERRECCHIO,
Defendant NO. 2006-3632
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 of the complaint: Personal Service on July 5, 2006.
3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce
Code: by Plaintiff: December 21, 2007; by Defendant: December 19, 2007.
4. Related claims pending: All matters have been resolved pursuant to the Marital
Settlement Agreement reached by the parties dated December 19, 2007 and incorporated,
but not merged, into the Decree. See paragraph 5, page 4 of the Agreement.
5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary:
December 21, 2007. Date Defendant's Waiver of Notice ?P7(c) Divorce was filed with
Prothonotary: December 21, 2007.
Dated: December 21, 2007 "
Barbara umple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme Court ID #32317
Attorney for Plaintiff
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
JONATHAN J. VERRECCHIO, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -DIVORCE
ERIN MARIE VERRECCHIO,
Defendant NO. 2006-3632
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:
Richard S. Friedman, Esquire
Friedman & King, P.C.
3 820 Market Street
Camp Hill, PA 17011
DATED: December 21, 2007
Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
Attorney for Plaintiff
r?+
r
r. N
S r?
6'
o
1 r
JONATHAN J. VERRECCHIO,
Plaintiff
VS.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 06 - 3632 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this 2 t day of ,
2007, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement
dated December 21, 2007, 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 COUB.T;
Edgar B.-Bayley,IP.J.
cc: Barbara Sumple-Sullivan
Attorney for Plaintiff
Richard S. Friedman /
Attorney for Defendant
? C-?i
G
?.
-
. `?*
?
?
?.,?-,;
'
?
Ear . ??
. ?'
?°? ?
.
?' "?
'
'
_',K ; ,?
y
?rr
'?==' ..
?
?
. ?. N
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
JONATHAN J. VERRECCHIO, `
Plaintiff
No.
VERSUS
ERIN MARIE VERRECCHIO,
Defendant
06 - 3632
DECREE IN
DIVORCE
2007
AND NOW, he-e-, Z , IT IS ORDERED AND
Jonathan J. Verrecchio
DECREED THAT
AND
Erin Marie Verrecchio
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
All matters have been resolved pursuant to the Marital Settlement Agreement reached by
the parties dated December 21, 2007 and incorporated, but not merged, into the Decree.
BY THE COURT:
ROTHONOTARY
el
JONATHAN J. VERRECCHIO,
Plaintiff
V.
ERIN MARIE VERRECCHIO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
: No. 06-3632 Civil
: IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Defendant in the above matter, Erin Mamie Verrecchio,
after the entry of a Final Decree in Divorce dated December 21, 2007, hereby elects to resume
the prior surname of Hogan, and gives this written notice avowing her intention pursuant to the
provisions of 54 P.A. 704.
Date:
Signature
Al A iv
<gnature o name being s
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF Ph) Ile On the ca_ day of Ag" , 200!before me, the Prothonotary or the
Notary Public, personally appeared a above affiart known to me to be the person whose name
is subscribed to the within document and acknowledged that he/she executed the foregoing for
the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
ELIZABETH FARRELL, Notary Public
City of Philadelphia, Phila County
My Commission Expires April 15, 2010
.. ao
.?
-
t-? C' ; ? -,-?
?
C"• ? '?
?,?' ?
,?-