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HomeMy WebLinkAbout06-5658 Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 1711 0 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cboyanowski@ssbc-law.com JOSEPH ANTHONY TORCHIA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W ~ NO. 0(. -- SI.~:P c~o~l '8tL~ BARBARA JANE STRONG, 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, 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, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 LA WYER AT ONCE. IF YOU DO NOT HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 .. NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. U sted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. U sted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE EST A DEMANDA A UN ABODAGO INMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SINO TIENEEL DINERO SUFICIENTEDE PAGAR TAL SERVICIO, V A YAEN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Cara A. Boyanowski, Esquire Supreme Court J.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 (telephone) (717) 540-5481 (facsimile) cbovanowski@ssbc-law.com v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW ~ NO. C>I- -S/"'SP (!,<.> LJ~ JOSEPH ANTHONY TORCHIA, Plaintiff BARBARA JANE STRONG, Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Joseph Anthony Torchia, by his attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Joseph Anthony Torchia, is an adult individual who resides at 3804 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, Barbara Jane Strong, is an adult individual who resides at 3804 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 4, 1991, in Cumberland County, Pennsylvania. , 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. Plaintiff avers that there are no children born of the marriage under the age of eighteen years. 8. The Plaintiff and the Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised ofthe availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. He has declined counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated in June 2006. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. By: Date: ~ 2.S-, 200 (p By: Qauft ~QJ\QLDSL- Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 Attorney for Plaintiff ..tQ.. ("") ~ ~ ~ c.::;;; ~ C c';:-:::;) - ..-'P c:r ::? P" ~ ..0 '~_J (/) r\ ....-i_4"""4 C> -"0 ri"\e:'. _(j\ I' f'.) .. t) t:;.J . --.l tJ (:' U\ -3-.--i~ --t: -0 (:.S ~~~.~ - CY ~ 6rn ~ ""- ~ --\ 'tQ ~ 26 W - . :.::. cf.) ~ t N ~ Ql :r:- \. -- Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant JOSEPH ANTHONY TORCHIA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW BARBARA JANE STRONG, No. 06-5658 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter the appearance of Constance P. Brunt, Esquire, as counsel for BARBARA JANE STRONG, Defendant, in the above-captioned matter. Respectfully Submitted, DATE: 1/7/.;'7 /7~j / '/ ~ ~1.7. ... ..l- { / CONSTANCE P. BRUNT, ESQUIRE Supreme Court 10 # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant .1. --. CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the 11t-. day of fYlc-.....l. L'---. , 2007, I served a true and correct copy of the foregoing Praecipe by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 Attorney for Plaintiff /lfJ?- ~i. /-L- [ CONSTANCE P. BRUNT, ESQUIRE Supreme Court 10 # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant ~ ....'" ~ to..:> = = --J ::It > ;.;0 I \..0 V ~ :::l -1_ ." ~nF orn ~]} C? .:~O i~~ ~ :::0 -< ~ N .- - -.J Constance P. Brunt, Esquire Supreme Court 10 #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717) 232-7200 FAX (717) 232-0255 cpbruntta!CPBruntLaw.com Attorney for Defendant JOSEPH ANTHONY TORCHIA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW BARBARA JANE STRONG, No. 06-5658 CIVIL TERM Defendant IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, BARBARA JANE STRONG, by and through her counsel, CONSTANCE P. BRUNT, ESQUIRE, and answers the Plaintiffs Complaint as follows: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. It is specifically denied that Plaintiff and Defendant were married on May 4, 1991. On the contrary, they were married on May 3, 1993, in Cumberland County, Pennsylvania. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment about whether Plaintiff has been advised of the availability of counseling. The same is therefore specifically denied. It is admitted that Plaintiff has declined counseling, despite Defendant's requests that he agree to engage in counseling with her. 10. a. It is specifically denied that the marriage of the parties is irretrievably broken. On the contrary, Defendant desires to continue the marriage and believes that any marital difficulties can be reconciled. After reasonable investigation, Defendant is without knowledge or information to form a belief as to Plaintiff's intent with 2 regard to the filing of an Affidavit consenting to a divorce or Plaintiff's belief about whether Defendant will file such an Affidavit. Such allegations are therefore specifically denied. It is specifically denied that Defendant intends to file an Affidavit consenting to a divorce. b. It is specifically denied that the marriage of the parties is irretrievably broken. On the contrary, Defendant desires to continue the marriage and believes that any marital difficulties can be reconciled. It is specifically denied that Plaintiff and Defendant separated in June, 2006. On the contrary, they continued to remain living as husband and wife in their common marital residence until the second week of January, 2007. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff's claim for the entry of a Decree In Divorce. COUNTERCLAIM COUNT I REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(8) OF THE DIVORCE CODE 11. Defendant/Counterclaim Plaintiff, BARBARA JANE STRONG, and Plaintiff/Counterclaim Defendant, JOSEPH ANTHONY TORCHIA, have individually or jointly acquired real and personal property during the marriage, in which they individually or jointly have a legal or equitable interest, which marital property is subject to equitable dis- tribution. 12. Defendant/Counterclaim Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to Section 3502 of the Divorce Code. 3 COUNT II REQUEST FOR ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 13. The Defendant/Counterclaim Plaintiff is without sufficient assets and income to support herself and to pay her attorney's fees and the costs and expenses of this action. 14. The Plaintiff/Counterclaim Defendant has sufficient earning capacity to support the Defendant/Counterclaim Plaintiff and to pay the Defendant/Counterclaim Plaintiff's attorney's fees and the costs and expenses of this action. 15. Defendant/Counterclaim Plaintiff requests the Court to order the Plaintiff/Counterclaim Defendant to support the Defendant/Counterclaim Plaintiff during the pendency of this action and to pay Defendant/Counterclaim Plaintiff's counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code. COUNT III INSURANCE PROTECTION 16. Plaintiff/Counterclaim Defendant has acquired existing policies of life insurance and medical insurance during the marriage over which the Plaintiff/Counterclaim Defendant has effective control. 4 17. Defendant/Counterclaim Plaintiff believes and therefore avers that she has been or is the designated beneficiary and/or an insured of said life and medical insurance policies. 18. The Plaintiff/Counterclaim Defendant has the exclusive power to cease maintenance or change the beneficiary or insured of the said insurance policies without the consent of the Defendant/Counterclaim Plaintiff. 19. The Defendant/Counterclaim Plaintiff respectfully requests this Honorable Court to compel Plaintiff/Counterclaim Defendant's continued maintenance of any life insurance policies or medical insurance policies over which Plaintiff/Counterclaim Defendant has effective control and the continued designation of the Defendant/Counterclaim Plaintiff as the beneficiary and/or insured thereof. COUNT IV REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 20. Defendant/Counterclaim Plaintiff lacks sufficient property to provide for her reasonable needs. 21. Defendant/Counterclaim Plaintiff is unable to sufficiently support herself through appropriate employment. 22. Plaintiff/Counterclaim Defendant has sufficient property, assets, and income to provide continuing support for the Defendant/Counterclaim Plaintiff. 5 23. Defendant/Counterclaim Plaintiff requests the Court to order the Plaintiff/Counterclaim Defendant to pay alimony to Defendant/Counterclaim Plaintiff pursuant to Section 3701 of the Divorce Code. WHEREFORE, Defendant/Counterclaim Plaintiff prays your Honorable Court to enter an Order as follows: (a.) Equitably distributing, dividing or assigning the marital property of the parties; (b.) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff alimony pendente lite, counsel fees, costs and expenses arising out of this action; @.) Directing Plaintiff/Counterclaim Defendant to designate Defendant/Counterclaim Plaintiff as the beneficiary of any and all life insurance policies on the life of Plaintiff/Counterclaim Defendant; (d.) Directing Plaintiff/Counterclaim Defendant to maintain any and all life insurance policies and to continue maintain any medical insurance policies currently in effect for the benefit of Defendant/Counterclaim Plaintiff; (e.) Directing Plaintiff/Counterclaim Defendant to pay Defendant/Counterclaim Plaintiff support and alimony; 6 (f.) Granting such further relief as the Court may determine appropriate and just. Respectfully submitted, DATE: l/lq!() 7 tfJ~ CONSTANCE P. BRUNT. ESQUIRE Supreme Court 1.0. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg. PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff VERI FICA TION I verify that the statements made in the foregoing Answer And Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. DATED: J;I-?/~ 7 8 CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the~tr~ay of ;t,,~ !- , 2007, I served a true and correct copy of the foregoing Answer And Counterclaim by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 Attorney for Plaintiff/Counterclaim Defendant Respectfully submitted, DATE: .I !8!~ 7 M / !, , . I / , UAl. /f!f CONSTANCE P. BRUNT, ESQUIRE Supreme Court 1.0. No. 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Defendant/Counterclaim Plaintiff ~ -Lq. t\ ~ ~ C> C ....... -- VJ -..c kJ W C) ~ 4J ~ c9 - r--- ~ ~ ~ ~ ::3 :C """ ::J:. rn r:: ,}(rl ?~\~ ~ f.Ji G ,e; , - ~ :';~ 'J:> ~ ,. -0 ~~(~ "r':' ::1t (5. r b;,::: N.. ~ .J:.~ c_ ';:Q ~ ~ ~ Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff JOSEPH ANTHONY TORCHIA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. BARBARA JANE STRONG, Defendant NO. 06-5658 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowski, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on' the 26`h day of October 2006, she did serve upon Barbara Jane Strong, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending same to her, by certified mail, restricted delivery, addressed to 3804 Pamay Drive, Mechanicsburg, Pennsylvania, 17050. The receipt for said Complaint is attached hereto a5 Exhibit "A." Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without her. Sworn to and subscribed before me this T~day of ~,~ , 2009 ~"'- ~- a By: Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Plaintiff w~n.n NOTAl11A! 3EAL TAI~MAP E 0~lEllt/ MNIty MMt ~1~YMNINIIIl.OM>MlNI dl1MflY IAr C~MM IW1 ~. !Oi! ~6_?~~ . -. - ^ Complete kerns 1, 2, and 3. Also complete A. S6 nature " kern 4 if Restricted Delivery is desired. 110tirit ^ Print your name and address on the reverse ^ qd so that we can return the card to you. g, ~e1~ y ( ~ .Pete of Delivery ^ Attach this card to the back of the mailpiece, or on the front k space permks. <, /O /b~ ~- Is delivery address different 19 ^ Yes'+ 1. Artcle Addressed to: t, If YES, enter delivery address~, 1 ' r.S . ~~t`[X..t JCL ~{ ~ S 1 r ANC _ ('r~~~~ Q ~ ~~ / ! 3. Service type ,,j'; .`C', ~Q.C~ l ~ S' ~ f.L(r~^ ~ P ~ Mail ^ Exprea~ Malt :=~,"~ `V1 Registered ^ Return Rec~iptfo ercdrandlae / 7(}~~ ^ Insured Mail ^ C.O.D. A. Restricted Delivery? (ExGa Fee) ~~ 2. Article Number --~ 7 D D 6 D 81 D D D D 6 '7 5 9 0 D 8 9 8 (Aanslfsr from service labeq PS Form 3811, February 2004 Domestic Return Receipt to2sss-o2-rn_~sao 2t~04 J~~; f 5 at;~ 3= 3 _. ~ , :>~a a - E- i i i`i n } i'i 0 TA ~ O'~l 6 P f+~ i ! • i~ - ,•t i E R LA liU 4UL1ii 1 r'1-rIN5 Yl_VA PJ 1 A Constance P. &urd, &quiro Supretne Court ID #29933 301 Ma'ket Sf?aet PO box 109 Lemoyne. PA 17043 (717) 761-4540 I cpbejeisw.com , i JOSEPH ANTHONY TORCHIA, : IN THE COURT OF COMMON PLEAS OF , : CUMBERLAND COUNTY, PENNSYLVANIA I Plaintfff : v. : CIVIL ACTION • LAW BARBARA JANE STRONG, : No. 06-5658 CIVIL TERM DefendaM : IN DIVORCE BARBARA J. STRONG, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff . v. : Docket No. 01126 S 2008 JOSEPH A. TORCHIA, . Defendant : PACSES Case No. 602110562 PETITION FOR LEAVE TO WITMDRAW APPEARANCE AND NOW, comes CONSTANCE P. BRUNT, ESQUIRE, and petitions this Honorable Courf as follows: 1. CONSTANCE P. BRUNT, ESQUIRE, is counsel of record in the above-captioned matters for BARBARA JANE STRONG, who is the Defendant in the divorce action initiated by her husband, JOSEPH ANTHONY TORCHIA, and the Plaintiff in the spousal support proceedings she initiated. 2. Said counsel has been required to terminate her representation of Ms. Strong in this matter because of a conflict of interest which arose when counsel affiliated with the Law Firm of Johnson, Duffie, Stewart & Weidner, P.C. 3. Ms. Strong was notified on April 14, 2011, of the conflict that had developed and was advised to seek new counsel promptly. At that time, counsel provided the names of several family law practitioners with whom Ms. Strong might consult. 4. At Ms. Strong's request, on June 22, 2011, counsel again provided the names and contact information for the family law practitioners previously identified in her letter of ' April 14, 2011. 5. Although counsel is aware that Ms. Strong has consulted at least one other attorney, she is informed that Ms. Strong has not retained that person's services. 6. Counsel for JOSEPH ANTHONY TORCHIA reports that she has not received contact from any other attorney representing Ms. Strong. 7. Counsel has received notice of a conference scheduled before the Cumberland County Domestic Relations Section on November 21, 2011, pursuant to a Petition for Modification apparently filed by Ms. Strong pro se. 8. Counsel attempted to reach Ms. Strong by telephone and leff a voicemail message asking that she call counsel, but Ms. Strong has not returned counsel's call to date. 9. In that voicemail message, CONSTANCE P. BRUNT, ESQUIRE, informed Ms. Strong of her intent to file this Petition seeking leave To withdraw as her counsel. -2- 4. The Honorable M. L. Ebert, Jr., , has previously entered Orders of Court, relating to Ms. Strong's Complaint for spousal support, including the current Order of Court for support entered on January 16, 2009. 5. Counsel has sought the concurrence in this Petition of Cara A. Boyanowski, Esquire, counsel for JOSEPH ANTHONY TORCHIA, and Attomey Boyanowski has indicated that she does concur. 6. CONSTANCE P. BRUNT, ESQUIRE, respecffully requests leove of Court to withdraw as counsel for BARBARA JANE STRONG in the above matters. WHEREFORE, Petitioner respecffully requests this Honorable Court to enter a Rule upon BARBARA JANE STRONG and JOSEPH ANTHONY TORCHIA to show cause, if any they , have, why CONSTANCE P. BRUNT, ESQUIRE, should not be granted leave to withdraw as Ms. I Strong's counsel of record in the above-captioned matters. Respecffully submitted: ~ CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 301 Market Street PO Box 109 Lemoyne, PA 17043 (717) 761-4540 cpb@jdsw.com -3- CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby cerfify that on the day of 2011, I served a true and correct copy of the foregoing Petition For Leave To Withdraw by depositing same in the United States Mail, first-class postage prepaid, ot Harrisburg, Pennsylvania, addressed as follows: Barbara J. Strong 1922 North 4th Street Harrisburg, PA 17102 Cara A. Boyanowski, Esquire SERRATELLI, SCHIFFMAN & BROWN, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 1 71 1 0-9670 Attorney for Joseph Anthony Torchia ? CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 301 Market Street PO Box 109 Lemoyne, PA 17043 (717) 761-4540 cpb@jdsw.com -4- -?' 1)0 to P'J Gone P. smrdf, bgt*o trm"m=z X9933 Po box 109 Lemoyne, PA 17043 (717)761-4540 cpbQ d$W.com p " im x,, ca ? Za G. p? N NY TORCHIA, : IN THE COURT COU T1f?PENNSYLVAN A JOSEPH AMTHO, CUMBERLAND Plaintfff ' CIVIL ACTION" LAW V. JANE STRONG, : No. 06-5658 CIVIL TERM BARBARA , Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF BARBARA J. STRONG, ; CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Docket No. 01126 S 2008 v. JOSEPH A. TORCHIA, ' Defendant PACSES Case No. 602110562 :n ZQW CAUSE RL?O 5thday of Nab '2011 upon AND NOW, this _1 the Petition For Leave To Withdraw As Counsel filed by CONSTANCE P. consideration of BRUNT, ESQUIRE, in the above-captioned matters, A Rule is hereby issued on BARBARA JANE STRONG and JOSEPH ANTHONY TORCHIA to show cause, if any they have, why CONSTANCE P. BRUNT, ESQUIRE, should not be granted leave of Court to withdraw as counsel for said BARBARA JANE STRONG in the above matters. Rule returnable 11) days after service by mail. Distribution to: Barbara J. Strong Cara A. Boyanowski, Esquire 1922 North 41h Street SERRATELLI, SCHIFFMAN $ BROWN, P.C. Harrisburg, PA 17102 2080 Linglestown Road, Suite 201 (717) 350-6049 Harrisburg, PA 17110-9670 COP1?gII15 i?y? O Attorney for Joseph Anthony Torchia D Constance P. Brunt, Esquire Supreme Court ID # 29933 301 Market Street PO Box 109 Lemoyne, PA 17043 (717) 761-4540 cpb@jdsw.com -2- BY THE COURT: FILED-OFFICE OF THE PROTHONOTARY Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 Serratelli Schiffman & Brown 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff JOSEPH ANTHONY TORCHIA, Plaintiff VS. BARBARA JANE STRONG, Defendant 20,11 DEC 27 PM 2: 04 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5658 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. J.X '/7 Date: By: /K Jos A thony Torc a, Plaintiff rn OF THE PROTHONOTARY Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 Serratelli Schiffman & Brown 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff 201`1 DEC 27 PM 2: D4 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH ANTHONY TORCHIA, Plaintiff VS. BARBARA JANE STRONG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5658 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE 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 statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: By: ia a44"?, 2, rQ , ` Josh Anthony Tor ia, Plaintiff Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 Serratelli Schiffman & Brown 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff OF THEPROTHONOTARy 2011 DEC 27 PH 2: 04 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH ANTHONY TORCHIA, Plaintiff vs. BARBARA JANE STRONG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5658 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 27, 2006.. 2. The marriage of Plaintiff and. Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Za a a D , By: 41,?Lj-7_4 Barbara Jeantr ng, Deaf to Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 Serratelli Schiffman & Brown 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 telephone (717) 540-5481 Attorney for Plaintiff OF TKO POTHONOTARY tall DEC 27 PM 2:04 e1J PARLAND COUNTY JOSEPH ANTHONY TORCHIA, Plaintiff VS. BARBARA JANE STRONG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5658 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE 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 statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: o a (? By:• Barbara Jane Stro efehant MARITAL SETTLEMENT AGREEMENT BETWEEN JOSEPH A. TORCHIA, M.D. AND BARBARA J. STRONG to D 01 -C Zan =-q CD n Cara A. Boyanowski, Esquire Barbara J. Strong Counsel for Husband Pro Se Defendant TABLE OF CONTENTS SECTION I: Introduction SECTION II: General Provisions SECTION III: Alimony and Alimony Pendente Lite Provisions and Health Insurance Provisions 3 4 10 SECTION IV: Property Distribution Provisions 12 SECTION V: Closing Provisions and Execution 16 SECTION I INTRODUCTION THIS AGREEMENT made this U? Ch day of 2011, by and between JOSEPH A. TORCHIA, M.D. ("Husband") and BARBARA J. STRONG ("Wife"). WITNESSETH: WHEREAS, Joseph A. Torchia, M.D., Social Security Number *7182, was born on December 3, 1954, and currently resides at 3804 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, Barbara J. Strong, Social Security Number *9998, was born on March 15, 1957, and currently resides at 1922 North 4`" Street, Harrisburg, Dauphin County, Pennsylvania 17102. WHEREAS, the parties hereto are Husband and Wife, having been married on May 3, 1993, in Cumberland County, Pennsylvania. The parties separated on June 1, 2006. WHEREAS, the union produced no children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agrees as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions 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. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "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 parry last executing this Agreement. 4 7 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Cara A. Boyanowski, Esquire. Wife has been advised of her right to obtain and be represented by an attorney of her own choosing prior to executing this Agreement, but has declined to hire counsel to represent her, effectively waiving her right to do so. The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations, and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each parry. 7. DISCLOSURE AND WAIVER OF.PROCEDURAL RIGHTS Each parry understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed 5 hereunder, the other parry shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 9. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, 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 molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 11. 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 parry shall have any obligation to the other not expressly set forth herein. B. Each parry hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, 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, curtsy, 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 parry 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. 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. 12. PRESERVATION OF RECORDS Each party will keep and preserve fora period of four (4) years from the date of their divorce decree all financial records relating to the marital estate and each party will allow the other party access to those records in the event of tax audits. 7 ?n 13. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching parry to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute 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. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each.separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. 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 other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 21. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Joseph A. Torchia, M.D., 3804 Pamay Drive, Mechanicsburg, Pennsylvania 17050, or counsel for Joseph A. Torchia, M.D. or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Barbara J. Strong, 1922 North 4th Street, Harrisburg, Dauphin County, Pennsylvania 17102, or counsel for Barbara J. Strong, or such other address as Wife from time to 9 7 time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III ALIMONY AND ALIMONY PENDENTE LITE PROVISIONS AND HEALTH INSURANCE PROVISIONS 1. ALIMONY A. Amount and Term of Monthly Alimony Payments - Husband shall pay to Wife, commencing on the first day of February, 2012, for her separate support and maintenance, the sum of Four Thousand Five Hundred ($4,500.00) Dollars, per month, for a period of twelve (12) months. At the conclusion of the twelve (12) month period, Husband shall pay to Wife, commencing on the first day of the thirteenth (13th) month following the execution date of this Agreement, for her separate support and maintenance, the sum of Three Thousand Nine Hundred ($3,900.00) Dollars, per month for a period of thirty-six (36) months. At the conclusion of the thirty-six (36) month period, Husband shall pay to Wife, commencing on the first day of the forty-ninth (49th) month following the execution date of this Agreement, for her separate support and maintenance, the sum of Two Thousand Five Hundred ($2,500.00) Dollars, per month, for a period of twelve (12) months. All monthly alimony payments shall be made to Wife no later than the thirtieth day of each month. Husband and Wife agree that all alimony payments are to be made by direct payment from Husband to Wife, preferably through a direct deposit of funds from Husband's account to Wife's account. 10 The parties acknowledge and agree that the provisions of this Agreement providing for the payment of alimony to Wife by Husband are fair, adequate, and satisfactory and are based upon Wife's actual need, Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. The approval of this Agreement by a court of competent jurisdiction in connection with an action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 23 Pa.C.S.A. Section 3701 B. Modification of Alimony - The parties agree that this award of alimony shall be modifiable upon a change in circumstance of either parry of a substantial and continuing nature. C. Termination of Alimony - The parties agree that this award of alimony shall terminate upon the first of the following events: 1) the death of Wife, 2) the death of Husband, 3) the romantic cohabitation of Wife with a member of the opposite sex, 4) the remarriage of Wife, or 5) Husband's complete payment of Two Hundred Twenty-Four Thousand Four Hundred ($224,400) Dollars. D. Tax Treatment - These payments shall be income to Wife under Section 71 of the Internal Revenue Code and deductible to Husband under Section 215 of the Internal Revenue Code. 2. SPOUSAL SUPPORT ORDERIHEALTH INSURANCE PROVISIONS Wife acknowledges that she filed a spousal support complaint with the Cumberland County Domestic Relations Office, on or about December 23, 2008, at docket number 01126 S. 2008 and PACSES Case Number 602110562. Wife agrees that this spousal support account should be terminated, effective the first day of the first month, following execution of this Agreement, so as to coincide with the commencement of Wife's receipt of alimony payments from Husband. The parties agree that any credits or arrears due and owing on the spousal support account shall be credited to zero, so as to permit this account to be terminated. Thereafter, Husband's obligation to provide monthly spousal support payments to Wife shall cease. The parties also acknowledge that Husband is providing health insurance coverage for Wife under his employer based health insurance plan. Wife acknowledges and understands, that effective the date of execution of this Agreement, Husband will no longer be able to coverage Wife under his employer based health insurance plan, as Wife will no longer be considered a dependent of Husband. However, the parties agree that they will prepare and file the necessary documents so that Wife can qualify under Husband's COBRA benefits for such period of time as she qualifies, but in no event, to exceed thirty-six (36) months of coverage. Husband shall assume sole responsibility for satisfaction of Wife's monthly COBRA benefit expense, which Husband understands to be approximately $606.00 per month. 11 The parties further agree, in the event Wife obtains employment which permits her to obtain health insurance coverage for herself at a rate less than $606.00 per month, Wife will elect the same and Husband's obligation to maintain and satisfy Wife's monthly COBRA benefit premiums will terminate. Said termination will occur on the first day of the first month following Wife's enrollment in her employer based health insurance plan. Wife acknowledges that Husband will not cover or reimburse Wife for any portion of her out-of-pocket medical expenses. . SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims, which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS The parties agree that Husband is the owner of several retirement benefits and plans, including, but not limited to, a Holy Spirit Hospital Retirement 401 K plan, with a marital asset value of approximately $51,000.00, a post-separation Holy Spirit Hospital Retirement 403(b) plan, with a marital asset value of zero, and a Merrill Lynch Individual Retirement Account, with a marital asset value of approximately $237,000.00. Husband and Wife agree to execute the necessary documents to transfer the sum of $200,000.00 from Husband's Merrill Lynch Individual Retirement Account to Wife. Husband agrees to transfer this amount to Wife through a Qualified Domestic Relations Order, if necessary. Upon transfer of the above funds from Husband's Merrill Lynch Individual Retirement Account to Wife, Wife specifically releases and waives any and all interest, claim or right that she 12 may have to Husband's Holy Spirit Hospital Retirement 401K plan funds, Husband's Holy Spirit Hospital Retirement 403(b) plan funds, and any remaining funds held in Husband's Merrill Lynch Individual Retirement Account. The parties also agree that Wife shall retain sole ownership and possession of all of her retirement benefits and plans, including, but not limited to, a Pinnacle Health System Retirement 403(b) plan with a value of $995.08, a Fidelity Retirement account with a value of $18,200.09, and a Merrill Lynch retirement account with a value of $44,814.86, which when combined, create a marital asset value of approximately $64,010.03. Wife shall also retain her post- separation Wellspan account with a martial asset value of zero. Husband specifically releases and waives any and all interest, claim or right that he may have to any of the above listed retirement account assets of Wife. 3. BANK ACCOUNTS Husband and Wife acknowledge that during the course of their marriage, they were the owners of several bank accounts. Husband and Wife agree that Husband shall retain sole ownership and possession of the Merrill Lynch Master CMA account, the liquidated funds received from the Susquehanna Valley Federal Credit Union five-year Certificate of Deposit, the Susquehanna Valley Federal Credit Union savings account, the M & T Bank checking account, and the Merrill Lynch College Savings Account. All of these account funds have a combined marital asset value of approximately $17,000.00. Wife specifically releases and waives any and all interest, claim or right that she may have in the above listed bank accounts. Husband and Wife further agree that all checking and savings accounts, titled in Husband's sole name shall remain his sole and separate property and all checking and savings accounts, titled in Wife's sole name shall remain her sole and separate property. Each party agrees to waive any right, title or interest he or she may have in the checking and savings accounts titled in the other party's name. 4. AUTOMOBILES Husband and Wife agree that all automobiles leased and/or titled in Husband's name shall remain his sole and separate property and all automobiles leased and/or titled in Wife's name shall remain her sole and separate property. Each party waives any right, title or interest he or she may have in the vehicle of the other. Both parties agree to accept sole responsibility for all insurance premiums, registration, licensing fees, maintenance and upkeep, as well as, any loan payments associated with his/her vehicle. 5. LIFE INSURANCE Husband is the owner, and insured, of a pre-marital life insurance policy through Nationwide Life Insurance Company, with cash surrender value of approximately $48,600.00. This policy shall remain the sole and separate property of Husband and Wife waives any right, title or interest she may have to this policy. Husband shall be responsible for all premiums due upon these policies. Husband is also the owner, and insured, of a group term life insurance policy through his employer. So long as it is available to Husband by his employer, Husband agrees to maintain Wife as a beneficiary under this policy in an amount equal to the amount of alimony currently owed to Wife by Husband upon each annual anniversary date of the execution date of this Agreement. For example, upon the first year anniversary of the execution date of this Agreement, Husband may elect to decrease Wife's death benefit receipt to $170,400.00. Upon the second year anniversary, Husband may elect to decrease Wife's death benefit receipt to $123,600.00. Upon the third year anniversary, Husband may elect to decrease Wife's death benefit receipt to $76,800.00, and so forth. Husband shall be responsible for all premiums due upon this policy until the termination of his alimony obligation to Wife. Husband agrees to surrender to Wife, upon her request, proof of benefits and beneficiary elections, as designated above. Husband shall be entitled to name additional beneficiaries on this policy, so long as their designation in no way interferes with Husband's obligation to name Wife as a beneficiary up to the amount due and owning on his unpaid alimony obligation. 6. PARTNERSHIP INTEREST Husband owns a 2.96 % interest in a general partnership doing business as "207 Associates." Said partnership owns a store office building located at 207 House Avenue, Camp Hill, Cumberland County, Pennsylvania. The parties performed an appraisal on this real estate in May 2009 and agree based upon the results of this appraisal, Husband's marital net equity partnership interest is approximately $80,546.00. The parties agree that Husband's interest in this general partnership, along with any capital contributions, capital accounts, and/or profits and losses he has made or received as a consequence of his 2.96% interest in the general partnership, shall remain Husband's sole and separate property, and Wife waives any right, title or interest she may have in this asset. 7. CASH PAYMENT Husband shall pay to Wife the sum of Sixty-eight Thousand Nine Hundred Sixty-nine and Thirty-three Cents ($68,969.33) Dollars. This payment shall be made in a one-time lump sum payment to Wife on or before the 30`h day anniversary of the execution date of this Agreement. Wife acknowledges that in addition to the above cash payment, Husband has provided Wife with a cash payment in November 2008 in the amount of $30,000.00; in November 2010 in the amount of $4,000.00; and in December 2010 in the amount of $200.00. 8. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 9. MOVING EXPENSES Wife has informed Husband that she would like to relocate to Michigan. In order to provide Wife with this opportunity, Husband has agreed to satisfy the moving expenses of Wife. After due diligence and research, Wife desires to use the services of Bekins Van Lines, LLC to relocate her personal items and automobile to Michigan. The total cost for the relocation of Wife's personal items and automobile is $3,957.17. Husband agrees to satisfy this expense. 10. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 11. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, that being, June 1, 2006, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 15 12. REAL ESTATE A. Marital Residence: The parties acknowledge that they were the owners of real property, titled as tenants by the entireties, located at 3804 Pamay Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. On or about November 6, 2008, Husband refinanced the joint mortgage into his sole name and paid to Wife the sum of $30,000.00. In exchange for said funds, Wife signed a Deed transferring all of her right, title and interest in the Marital Residence to Husband. Husband and Wife agree that the proceeds received by Wife from the refinance of the joint mortgage shall remain her sole and separate property. Wife further agrees that the Marital Residence and all of its equity value, shall remain the sole and separate property of Husband and she waive any remaining right, title and interest she may have to the same. B. Wife's Residence - Husband agrees that the real property purchased by Wife, located at1922 North 4th Street, Harrisburg, Dauphin County, Pennsylvania 17102, is and shall remain the sole and separate property of Wife. Husband acknowledges that he has no legal or equitable interest in this property. SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. WITNESS JOSEPH A. TORCHIA, M.D. DATE S f f a l 11 nA? WITNESS BARBARA J. ST ONG DA E 16 Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN & BROWN 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Telephone: (717) 540-9170 Facsimile: (717) 540-5481 Attorney for Plaintiff, Joseph Anthony Torchia -OFFICE OF OTHE' pROTHONOTAR,,. 2012 JAN -4 AM 11: 44 CUMBERLAND COUNTY PENNSYLVANIA JOSEPH ANTHONY TORCHIA, Plaintiff VS. BARBARA JANE STRONG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5658 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. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint was served upon Defendant, Barbara Jane Strong, by certified mail, restricted delivery, on October 26, 2006. A copy of the Affidavit of Service and the Domestic Return Receipt card, signed by Defendant, have been filed of record with this Honorable Court. 3. (Complete either paragraph (a) or (b).) (a). Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff. December 22, 2011; by Defendant: December 22, 2011. (b) (1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 27, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 27, 2011. Respectfully submitted, SERRATELLI SCHIFFMAN & BROWN G)Jpl QUWMQ" 3-SDI Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH ANTHONY TORCHIA V. BARBARA JANE STRONG NO. 06-5658 CIVIL TERM DIVORCE DECREE AND NOW, Io, . N1 4k 5.45 '40Ok , it is ordered and decreed that JOSEPH ANTHONY TORCHIA , plaintiff, and BARBARA JANE STRONG , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") No claims have been raised by either party for which a final order has not yet been entered; however, the provisions of the Marital Settlement Agreement entered into by the parties on December 22, 2011, shall be incorporated by reference, but shall not be merged into this decree in divorce. By the Court, Attest: J. o l 13. t2 ewe cv M,414 0/ fa t #0?,, Cud! r?a,4ed . P JOSEPH ANTHONY TORCHIA, Plaintiff VS. BARBARA JANE STRONG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5658 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND STIPULATION FOR DIVIDING INDIVIDUAL RETIREMENT BENEFTIS ADMINISTERED THROUGH MERRILL LYNCH IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect on Participant's Individual Retirement Account (IRA): This QDRO applies to the IRA that the Participant owns through Merrill Lynch. Pursuant to the terms of the parties' Marital Settlement Agreement, Barbara Jane Strong is entitled to a portion of Joseph Anthony Torchia's IRA account balance as set forth in Section 6 below. The Participant shall take all steps necessary in order to effectuate the transfer of the called for portion to Alternate Payee and shall not take any actions, affirmative or otherwise, that will circumvent the Alternate Payee's interest in the IRA as set forth herein. 2. Participant Information: The name, last-known address, Social Security Number, and date of birth of the Participant are: Name: Joseph Anthony Torchia Address: 3804 Pamay Drive, Mechanicsburg, Pennsylvania 17050 Social Security Number: 169-44-7182 Birth Date: December 3, 1954 3. Former Spouse Information: The name, last-known address, Social Security Number, and date of birth of the Former Spouse are: Name: Barbara Jane Strong Address: 1922 North 4th Street, Harrisburg, Pennsylvania 17102 Social Security Number: 376-68-9998 Birth Date: March 15, 1957 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Name of IRA: The name of the IRA to which this Order applies is the Merrill Lynch Joseph A. Torchia MD IRRA Retirement Account, with an account number ending in 0287 (hereinafter referred to as IRA). 5. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights for the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 6. Amount of Alternate Payee's Benefit: This Order assigns to Alternate Payee an amount equal to Two Hundred Thousand ($200,000.00) Dollars of the Participant's total account balance under the Merrill Lynch Joseph A. Torchia I .RA Retirement Account, with an account number ending in 0287, plus any interest and investment earnings or losses attributable thereon for periods subsequent to December 22, 2011 in until the date of total distribution. Merrill Lynch is hereby directed to transfer such amount to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator. Such transfer shall, at the election of the Alternate Payee, be made in the form of a single, lump-sum distribution or via a direct "rollover" to an IRA established on the Alternate Payee's behalf. It is further ordered that the Alternate Payee's assigned share of the benefits shall be allocated on a pro rata basis among all of the investment funds and subaccounts maintained on behalf of the Participant. 7. Restriction on Subsequent Withdrawals: Until such time as the Alternate Payee receives her distribution, the Participant shall not be permitted to receive any withdrawals and/or distributions under his IRA. 8. Death of Alternate Payee: In the event of Alternate Payee's death prior to the transfer of funds, such Alternate Payee's beneficiary, as designated on the appropriate form provided by the IRA Administrator (or in the absence of a beneficiary designation, her estate), shall receive her share of the account balance as set forth under the terms of this Order. 9. Death of Participant: In the event that the Participant dies prior to the transfer of funds in accordance with the terms of this Order, the Alternate Payee shall be treated as the Participant's beneficiary to the extent of her assigned interest as set forth herein. Should the Participant predecease the Alternate Payee after the transfer of funds is made to the Alternate Payee, his death shall not affect the Alternate Payee's rights and entitlements as set forth herein. 10. Constructive Receipt: In the event that the IRA Administrator inadvertently pays to the Participant any benefits which are assigned to the Alternate Payee hereunder, the Participant shall immediately reimburse the Alternate payee to the extent that he has received such payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. 11. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status by the IRA fund administrator and the original intent of the parties as stipulated herein. 12. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of this Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of her full entitlements hereunder. IT IS SO ORDERED. Dated this ?_ day of "a`V Fri 7rCr% BY THE COURT: J. -- Z& . ",\ al!%44?-n JOS H NTHO TORCHIA Participant 8k& anaosL CARA A. BOYA OWSKI, ESQUIRE Attorney for Participant n BARBARA J E STRONG fitness for Alternate Paye Alternate Payee ''? C? ?Zf ? ???'c:tNU?,G?