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HomeMy WebLinkAbout06-5551MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff STACY A. HALDI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. Q` - S'S & ( . BRADLEY J. HALDI, CIVIL ACTION - LAW 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 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attomevs for Plaintiff STACY A. HALDI, Plaintiff V. BRADLEY J. HALDI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C('-- .59 91 e i Lj l ''l CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Stacy A. Haldi, who currently resides at 12 Ian Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Bradley J. Haldi, who currently resides at 12 Ian Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 16, 1990 in Chicago, Illinois. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are three (3) children of the parties under the age of eighteen (18) namely: John Haldi, born July 19, 1992; Rebecca Haldi, born June 8, 1994; and Mark Haldi, born July 26, 1998. COUNT I - DIVORCE 10. Plaintiff avers that the ground on which the action is based is as follows: That the marriage is irretrievably broken. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; c. Grant such further relief as the Court may deem equitable and just. Date: September 20, 2006 By: Respectfully Submitted: MARIA P. OG T & ASSOCIATES KRIS PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Stacy A. Haldi, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: 1/0 6 1 ° O ?U M SV ? N ? U1 c ?. MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 9094060 Attorneys for Plaintiff STACY A. HALDI IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HALDI, Defendant I, KRISTOPHER T. SMULL, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce Under Section 3301(c) of the Divorce Code was served upon the Defendant by certified mail, return receipt requested, on the 30th day of September, 2006. The original signed return receipt, number 7005 0390 0005 2244 2696, is attached hereto and made a part NO. 06-5551 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE hereof. MARIA P. COGNETTI & ASSOCIATES Date: 10 NA By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. -,- • Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to. ?radle 1 ?c16 ? ll S/',ez U,5 S/', ,Vtl T Art. A4.,Q y A. Signature B. Received ' 13 Agent { C. Dole of W D. Is delivery address different from Rem If YES. enter delivery address below: 3. IWM JICw( fled Meal 0 Ecprees Mail WdRogletsred 13 Return Receipt for Merv wdw o insured Mail O C.O.D. 4. Restricted Delivery? i" Feel Y? - 2. Arsde N`rnber (rwmw Anm Bombe k1w 7005 0390 0005 2244 2696 PS Form 3811. February 2004 Domestic Return Rsoetpt 1025ss-o2-W1540 C'3 Vii; C 7 ter. °?i -^9 S=ri 7 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this o2& day of May, 2007, by and between Stacy A. Haldi, (hereinafter "WIFE") and Bradley J. Haldi, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on June 16, 1990, in Chicago, Illinois, and separated on September 22, 2006; and WHEREAS, the parties have three ( 3) children of this marriage; John Haldi, born July 19, 1992, Rebecca Haldi, born June 8, 1994, and Mark Haldi, born July 26, 1998, and; WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente lite; and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by Kristopher T. Smull, Esquire of Maria Cognetti & Associates. HUSBAND is represented by Joanne Harrison Clough, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, 1 expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(c) of the Divorce Code. A divorce action was filed by WIFE with the Court of Common Pleas of Cumberland County, Pennsylvania at Civil Action No.06-5551 on September 22, 2006. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement or upon expiration of ninety (90) days after the service of said complaint on Husband. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" and "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. 2 • r Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widows or widower's rights, family exemption, or under the, intestate laws, or the right to take against the spouses 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 of the United States, or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 3 7. REAL PROPERTY. The parties are the joint owners of real property located at 12 Ian Drive, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065. HUSBAND and WIFE agree that in consideration of the other property transfers set forth in this Agreement, WIFE agrees to transfer any and all right, title, claim or interest in the marital residence to HUSBAND, and said real property shall be the sole and exclusive property of HUSBAND. HUSBAND and WIFE agree HUSBAND shall apply to have WIFE released as an obligor on the Home Equity loan with Members 1St or refinance said loan to remove WIFE as an obligor thereon. HUSBAND and WIFE further agree to execute a deed transferring the property from HUSBAND and WIFE to HUSBAND contemporaneously with the execution of this Agreement WIFE'S attorney shall hold the fully executed deed in escrow until such time as the mortgage release, assumption or refinancing settlement HUSBAND agrees to indemnify WIFE and hold her harmless on the mortgage, utilities, real estate taxes or any other marital residence obligations except as they are set forth in this Agreement 8. WIFE'S RIGHT TO STAY AT THE MARITAL RESIDENCE. HUSBAND and WIFE specifically agree that WIFE may continue to spend weekends in the guest room at the marital residence. WIFE may continue to reside in the guest room on weekends until such time as HUSBAND remarries. 9. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts. HUSBAND agrees to be solely responsible for and indemnify and hold WIFE harmless on the home equity loan and remove WIFE as an obligor on said loan. HUSBAND also agrees to assume sole responsibility for and indemnify and hold WIFE harmless on the USAA credit card debt and transfer said debt to his sole name if possible. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE 4 harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties agree to close or remove the other party from any joint accounts that may still be open. 10. RETIREMENT BENEFITS. HUSBAND is the owner of certain retirement benefits through his employment. WIFE is the owner of certain retirement benefits through her employment HUSBAND hereby waives his right, title and interest to any of WIFE'S pension and/or retirement and any and all other retirement benefits, otherwise disclosed. HUSBAND and WIFE specifically agree WIFE shall receive approximately 40% of the marital portion of all of HUSBAND'S 401k and retirement accounts. HUSBAND and WIFE agree that WIFE shall receive her total share of all of HUSBAND'S retirement accounts by a Qualified Domestic Relations Order rollover from HUSBAND'S Charles Schwab 401k, account No. 4017-8032. The parties specifically acknowledge that HUSBAND has the following 401k retirement accounts with the following values: a. Charles Schwab Account No. 4017-7836 10/ 20/ 06 value $ 174.47 b. Charles Schwab Account No. 4017-8032 10/20/06 value $210,139.66 C. Excl Retirement SVGS Plan 10/ 20/ 06 value $ 11,178.57 d. Reckitt Benckiser 10/20/06value $ 3,478.56 Total of HUSBAND'S RETIREMENT ACCOUNTS $224,971.27 X 40% TOTAL OF WIFE'S SHARE $89,988.51 5 HUSBAND and WIFE specifically agree the WIFE'S 40% share of $89,988.51 is 43% of HUSBAND'S Charles Schwab Account No. 4017-8032 as of October 20, 2006. HUSBAND and WIFE agree that WIFE shall receive a rollover of 43% of HUSBAND'S Charles Schwab 401k account No. 4017-8032 as her share of the marital portion of HUSBAND'S retirement accounts. The parties specifically waive any and all other retirement benefits obtained by the parties pre-marriage, during marriage, and post separation. The individual who holds said benefits shall own the property solely and individually. Each party waives their right to title and interest to the other party's benefit 11. BANK ACCOUNTS. The parties acknowledge that they have divided the marital bank accounts to their satisfaction. The bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. 12. LIFE INSURANCE. HUSBAND maintains a term life insurance policy through employment WIFE maintains a term life insurance policy through employment. HUSBAND and WIFE each agree to name the children irrevocable beneficiary of said insurance for the benefit of the children until such a time as Mark reaches age 22. The parties agree to name the children as irrevocable beneficiaries of each said life insurance policies and to provide proof of said beneficiary designation and additional proof annually thereafter. 13. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. The parties further acknowledge that WIFE solely owns numerous pieces of antique furniture which she inherited from her mother. The parties agree WIFE shall retain said inherited items of personalty as her sole and separate property but WIFE agrees to allow these items 6 ( a identified in Exhibit A attached to this Agreement) to remain in the marital residence for as long as WIFE continues to spend her weekends at the marital residence. All other personal property not set forth in Exhibit A attached to this Agreement shall be the sole and separate property of HUSBAND, and WIFE waives any claim thereto. WIFE shall also retain as her sole and separate property the flintlock rifle. 14. JOINT MUTUAL FUND HUSBAND and WIFE acknowledge they have a joint mutual fund with USAA with an approximate value of $10,000.00. The parties agree to split said account equally. 15. VEHICLES. The parties currently own three vehicles. HUSBAND currently drives a Pontiac Montana van with a lift which was WIFE'S mother's vehicle and was transferred to WIFE'S name only. HUSBAND and WIFE acknowledge HUSBAND uses this van and still transports WIFE'S mother. HUSBAND and WIFE agree that WIFE shall transfer the title of this vehicle to HUSBAND and HUSBAND agrees to continue to use the vehicle to transport WIFE'S mother as needed. The parties further acknowledge that in the event there is alien against said van by WIFE's mother's estate or any other individual or entity, WIFE shall assume all liability for said lien and indemnify and hold HUSBAND harmless on said obligation so that the title of said van shall transfer to HUSBAND and HUSBAND shall not be liable for any debt, lien or other obligation for said van except the ministerial costs of the title transfer. In the event that any monies are due back to WIFE's mother's estate upon her death that pertain to the acquisition of the Montana van, then WIFE shall waive, forgive or otherwise indemnify HUSBAND from said obligation so that HUSBAND shall own the van free and clear of any obligation or lien. The parties also own a 1994 Ford Ranger pickup truck. HUSBAND and WIFE agree that WIFE shall transfer any and all right, title, claim and interest she has in said truck to HUSBAND and said vehicle shall be his sole and separate property. The parties also own a 2000 Plymouth Voyager van which WIFE primarily uses. HUSBAND and WIFE agree that HUSBAND shall transfer any and all right, title, claim or interest he has in said vehicle to WIFE and it shall be her sole and separate property. 7 16. HORSE AND RELATED EXPENSES. HUSBAND and WIFE acknowledge that the parties acquired a horse during the marriage and further acknowledge that the horse shall be the sole and separate property of WIFE. WIFE further agrees to continue to maintain the horse and keep the horse at a stable in the Mt. Holly area so the parties' daughter can continue to ride the horse. WIFE shall be solely responsible for the stable and all other horse related expenses so long as said expense are practical and reasonable. WIFE shall have the sole discretion to determine if and when to stop paying said horse and related expenses. 17. 2006 INCOME TAX FILINGS AND FINALIZATION OF DIVORCE HUSBAND and WIFE agree to file joint income tax returns for 2006. In the event there is an income tax refund, the parties agree to divide the refund equally. In the event the parties owe any taxes on the joint return, then the parties share equally contribute to said tax obligation. 18. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State law to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 19. ALIMONY, SUPPORT, AND ALIMONY PENDENTE LITE. 8 The parties hereby expressly waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. a. Child support and Custody: HUSBAND and WIFE specifically agree that WIFE shall tender to HUSBAND the sum of SEVEN HUNDRED DOLLARS ($700.00) per month in child support for the support of the parties children. The parties also agree to each be responsible for 50% of any non-covered medical, dental, orthopedic, or other medical expenses of the children. WIFE shall maintain the children s health insurance coverage on the children and on HUSBAND until the parties are divorced. HUSBAND shall maintain the children's dental insurance coverage. b. Custody: The parties agree that they shall have shared legal custody of the children and that each parent shall participate in all major parenting decisions affecting the health, education, safety, and welfare of the children. The parties further agree that HUSBAND shall have primary physical custody of the children and WIFE shall have secondary custody of the children, and exercise most of her periods of physical custody during the weekends. HUSBAND and WIFE agree to cooperate with each other to assure WIFE has additional periods of custody with the children during some of the time she is not working and to assure HUSBAND has some custodial time with the children on some weekends. The parties agree to share alternate holidays with the children as agreed from time to time by the parties. C. College Monies: The parties agree to maintain the children's college fund accounts and each agree to voluntarily continue to contribute to said accounts when able. The parties agree to jointly discuss and decide the disposition of the college fund monies. 20. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 9 21. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 22. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either part (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 23. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 24. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all 10 other respects this Agreement shall be valid and continue in full force, effect and operation. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 11 26. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 27. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose. in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. Witness (wife) 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF =Urh$Er2V4N p . SS. on the WA, day of J-L4 r. . 200 ,before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Bradley J. Haldi, known to me (or satisfactory proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. 1)?hAj-d Tn. ZV46- Notary Pu 'c My Commission Expires: CK-?&U- 2-11 BOO-" COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary Public Camp HNN Boro, Cumbertd County My CoYrnrtkWw Expires Oct. 27, 2007 Member, Pennsylvania Association Of Notaries 13 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OFD o On the day of z22a?g , 200 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Stacy A. Haldi, known to me (or satisfactory proven) to be on of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. X-a4'- Notary Public My Commission Expires: NOTARIAL SEAL DEBRA A. FIKE, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN CO. r'-pr nrr ?A ?nnq 14 ?" c? _ _ «. i '"r1 .. (?? `` ?? ?? ?,' ...? STACY A. HALDI : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-5551 Civil Term BRADLEY J. HALDI, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 the divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?/?/o I r-a c., STACY A. HALDI Plaintiff V. BRADLEY J. HALDI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5551 Civil Term : CIVIL ACTION -LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: (' 1/O i -77 STACY A. HALDI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-5551 CIVIL TERM BRAD J. HALDI, : CIVIL ACTION Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 2a-?- BRAD J. LDI S77- s-rz CD Gi STACY A. HALDI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA. V. : NO. 06-5551 CIVIL TERM BRAD J. HALDI, : CIVIL ACTION Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301lc1 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 statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: A, ? BRAD J. AALDI ? ? ? -?' ?`° --{ -- ?' s? ._.. `?`" -? i ?.? ?.?'t,) ? y ? <v ' ? ? C? t { MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff STACY A. HALDI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BRADLEY J. HALDI, Defendant NO. 06-5551 Civil Term 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. Grounds for divorce: Irretrievable breakdown under § 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: service was made by United States Mail, first class, postage prepaid, certified, restricted delivery, docketed to No. 7005 0390 0005 2244 2696 on September 30, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff, Stacey A. Haldi, on June 7, 2007; by Defendant, Bradley J. Haldi, on June 4, 2007. 4. Related claims pending: Settled by Agreement dated May 26, 2007. -l 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice is being filed simultaneously herewith. Respectfully Submitted: P. COGNETTI & ASSOCIATES /, By: VV XV Date: V KRIS O R T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff r-,? - ?:.' --n .._., -r, rn __ . _ ? 3 y.,, ? r` ?` .?s . .i?`J ` f ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. STACY A. HALDI, Plaintiff VERSUS BRADLEY J. HALDI, Defendant No. 06-5551 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT -so vs'L ?1' STACY A. HALDI 2007 IT IS ORDERED AND AND BRADLEY J. HALDI ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The terms of the parties' Property Settlement Agreement dated May 26, 2007, and attached hereto, are incorporated herein but not merged herewith BY THE COURT: N ATTEST: n A J. PROTHONOTARY 0-??