HomeMy WebLinkAbout06-6842J
DRU COMUNE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. NO.: d?.
DANIEL COMUNE, : 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, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, Carlise, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
MidPenn Legal Services, Inc.
213A North Front Street
Harrisburg, PA 17101
1-800-932-0356
Lawyers Referral Services
100 South Street
P.O. Box 186
Harrisburg, PA 17108
1-800-692-7375
DRU COMUNE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. . NO.:
DANIEL COMUNE, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above-captioned action in divorce. By virtue of Section
3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both parties a list of qualified
professionals who provide such services.
Accordingly, if you desire counseling, please advise in writing promptly by replying to:
Prothonotary, Cumberland County Courthouse, Carlisle, PA 17013.
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DRU COMUNE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. . NO.: O -- G F S? aZ. CDANIEL COMUNE, CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
1. The Plaintiff is DRU COMMUNE, who currently resides at 21 High Street, Boiling
Springs, Pennsylvania, 17013, Cumberland County since February 2006.
2. Defendant is DANIEL COMMUNE, who currently resides at 385 Limestone Road,
Carlisle, Pennsylvania, 17015, Cumberland County since October 1, 2001.
3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately prior to the filing of this Complaint.
4. Plaintiff avers that Defendant has also been a bonafide resident of the
Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this
Complaint.
5. Plaintiff and Defendant were married on August 25, 2001, in Carlisle, Cumberland
County, Pennsylvania.
6. Plaintiff and Defendant have lived separate and apart since February 2006.
7. There has been no prior action of divorce or annulment between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff avers that neither party is an active member of the United States Military or
its allies.
10. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the Court require the parties to participate in counseling. Being so advised,
Plaintiff waives that right.
11. Plaintiff avers that Defendant has been advised of the availability of counseling and
that Defendant may have the right to request that the Court require the parties to participate in
counseling.
12. Plaintiff avers the grounds for divorce:
a. The marriage is irretrievably broken;
b. The parties consent to the divorce; or in the alternative,
c. The parties have lived separate and apart for a period of two (2) years.
WHEREFORE, Plaintiff, Dru Comune, respectfully requests this Honorable Court enter
a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code.
COUNT I - EQUITABLE DISTRIBUTION
13. Paragraphs 1 through 12 above are incorporated herein by reference as though set
forth in full.
14. During the marriage, Plaintiff and Defendant have acquired various items of
marital property and debt, both real and personal, which are subject to equitable distribution
under the Divorce Code.
15. Plaintiff and Defendant are attempting to reach an agreement as to equitable
distribution.
16. In the event the parties are unable to reach an agreement, Plaintiff requests that
the Court equitably divide all marital property and debt.
WHEREFORE, Plaintiff, Dru Comune, respectfully requests this Honorable Court
equitably distribute all property, real and personal, tangible and intangible, and debt, acquired by
the parties during the marriage if the parties are unable to reach an agreement.
Respectfully submitted,
Sc ngi & Scaringi, P.C.
Sup eme Court ID No. 84445
2000 Linglestown Road, Suite 10Jv
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
VERIFICATION
I, DRU COMUNE, verify that the statements made in the foregoing Complaint in Divorce
are true and correct. I understand that false statements made herein are subject to the penalties of
18 Pa.C.S. §4904, relating to unsworn falsification to authorities.
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DRU COMUNE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO.: 06-6842
DANIEL COMUNE, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Mary L. Snyder, Law Clerk for Scaringi & Scaringi, P.C., do hereby certify that the
Divorce Complaint in the above-captioned action has been duly served upon Defendant, Daniel
Comune, by Certified Mail #7006 2150 0000 5808 6866, Restricted Delivery, Return Receipt
Requested; and by Regular U.S. First Class Mail, Postage Pre-paid on December 1, 2006 and was
received by Defendant on December 4, 2006 as evidenced by the attached receipt, addressed as
follows:
Daniel Comune
385 Limestone Road
Carlisle, PA 17015
Date: 2007 A4?
Mary L. Snyder
¦ 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 mailpiece,
or on the front if space permits.
1. Article Addressed to:
t?unre-? Ccnwrn?-'?
A. Received by (P/ease Print Clearly) I B. Date of Delivery !
C. Signature
X 0 Agent
0 Addressee
D~ Is delivery address different from item 1? 0 Yes
If YES, enter delivery addrt:ss below: 0 No
3 Service Type
US Certified Wil 0 Express Mail
0 Registere ,f 0 Return Receipt for Merchandise
0 Insured Jai) 0 C.O.D.
4. Restric1e j Delivery? (Extra Fee) Yes
Py e e a ) 7006 27.50 0,000 5808 6866
PS Form 3811, July 1999 Domestic Return F ,ceipt 102595.00-M-0952
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DRU COMUNE,
Plaintiff
V.
DANIEL COMUNE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
NO.: 06-6&42
: CIVIL ACTION -LAW
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or 3301 (d) of the Divorce Code
was filed on November 29, 2006.
2. The marriage of the 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. Section 4904, relating to
unworn falsification to authorities.
Date? 2007 uh,"
DRU COMUNE, Plaintiff
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DRU COMUNE,
Plaintiff
V.
DANIEL COMUNE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO.: 06-6842
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE
I . 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 Waiver 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 - 0 ( , 2007
DR COMUNE, Plaintiff
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DRU COMUNE,
Plaintiff
V.
DANIEL COMUNE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
. NO.: 06-6842
: CIVIL ACTION -LAW
: IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) or 3301(d) of the Divorce Code
was filed on November 29, 2006.
2. The marriage of the 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. Section 4904, relating to
unworn falsification to authorities.
Date: 2007
DANIEL COMUNE, Defen
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DRU COMUNE,
Plaintiff
V.
DANIEL COMUNE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
: NO.: 06-6842
: CIVIL ACTION -LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 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 Waiver are true and correct. Tunderstand that false
statements herein are made subject to the penalties of 18 Pa.C.S.. Section 4904, relating to unworn
falsification to authorities.
Date: 'R 15 .2007
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DRU COMUNE,
Plaintiff
V.
DANIEL COMUNE,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 06-6842
CIVIL ACTION - LAW
IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ??ay of , 2007, by and between
DRU COMUNE, hereinafter referred to as "WIFE", and DANIEL COMUNE, hereinafter referred
to as "HUSBAND",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on August 25, 2001 in Carlisle,
Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between Husband and Wife in consequence of which.
they have determined to live separate and apart from each other, and that they shall be divorced
from the bonds of matrimony.
WHEREAS, Husband and Wife are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or 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 and in obtaining a Divorce Decree.
NOW THEREFORE, for and in consideration of the mutual promises herein contained,
and in consideration of other good and valuable considerations, and intending to be legally bound
hereby, the parties mutually promise, covenant and agree as follows:
1. Agreement Not A Bar To Divorce Proceedings:
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as
may be available to either party. This agreement is not intended to condone and shall not be
deemed to be a condonation on the part of either party hereto of any act or acts on the part of the
other party which have occasioned the disputes or unhappy differences which have occurred prior to
or which may occur subsequent to the date hereof.
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. Personal Riahts•
A. It shall be lawful for each party at all times hereafter to live separate and apart from
the other party, at such place as he or she may from time to time choose or deem fit. The provisions
of this Agreement shall not be taken as an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart.
B. Each party shall be free from interference, authority, and contact by the other, as
fully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of this Agreement.
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4. Entire Agreement:
This Agreement represents the entire agreement between the parties. There are no
representations, promises, agreements, conditions, or warranties between the parties other than
those set forth herein.
5. Discovery/Financial Disclosure:
The parties agree and acknowledge that they have each had an opportunity to conduct
discovery and investigation into all assets and debts, whether separate or marital, of both parties
prior to the entry of this Agreement. The parties agree and acknowledge that they have made full
and fair disclosure of all of their assets and debts, to the other party prior to the execution of this
Agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to
both parties' income and financial condition.
6. Tax Return:
The parties agree they have filed a joint Federal, State and Local income tax return for the
tax year 2006. Any refund due the parties has been divided equally between the parties. Thereafter
the parties shall file income tax returns separately. 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 misrepresentation or
failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
7. Debts Of The Parties:
Husband and Wife each represent and warrant to each other that from and after the date of
their separation, he or she respectively has not or will not contract or incur any debt or liability for
which he and she respectively or his or her estate might be responsible, and shall indemnify and
save harmless Husband and Wife from any and all claims or demands made against him or her,
respectively, by reason of any such debts or obligations incurred by him or her after the date of their
separation, except as indicated in this Agreement.
Husband and Wife shall hold each other harmless from any liability and/or damage
whatever that accrues to Husband/Wife as a result of failure of Husband/Wife respectively, to fulfill
the total obligation which he/she hereby agrees to assume.
Husband shall assume full responsibility for the following debts:
a. Mortgage
b. Home Equity Line of Credit
C. Utilities for the marital residence
Wife shall assume full responsibility for the following debts:
a. Cell phone
8. Spousal Support, Alimony, Alimony Pendente Lite, Counsel Fees and Costs:
Each party does hereby specifically waive any right he or she may have now or may have in
the future to spousal support, alimony, alimony pendente lite and counsel fees and costs.
9. Real Estate:
The parties agree that they are the joint owners of a parcel of real estate located at 385
Limestone Road, Carlisle, Cumberland County, Pennsylvania. Said parcel of real estate is
4
encumbered by a mortgage held by Washington Mutual with an approximate balance of $142,500.
Said parcel of real estate is also encumbered by a home equity line of credit held by Washington
Mutual with an approximate balance of $0. Husband shall become the sole and exclusive owner of
said parcel of real estate.
Wife shall execute and deliver a fully executed deed conveying all of her right, title and
interest in and to the subject property. Husband shall refinance or assume the current mortgage and
home equity line of credit and remove Wife's name from any and all financial obligations
associated with said real estate within ninety (90) days of execution of this Agreement. If Husband
is unable to assume the current mortgage and home equity line of credit or obtain refinancing, then
the marital residence shall immediately be listed for sale.
Husband shall be solely liable for any and all utilities, taxes, insurance and maintenance or
repair expenses associated with the marital residence.
Husband shall indemnify and hold Wife harmless for his failure to fulfill the obligations set
forth in this section.
10. Personal Property:
The parties declare that they have secured possession of all personal property separately and
individually owned by each party and finrther, that they have divided all jointly owned personal
property between themselves, except as may be touched upon and described herein, and that the
right, title and interest of each of the parties hereto in the items of jointly held personal property now
possessed by each party shall be hereafter deemed the separate and sole property of the possessor of
same.
5
11. Bank Accounts:
The parties agree that they jointly hold a savings account at Commerce Bank, account
number 536774375. There is currently a balance of approximately $5,100.00 in this account. The
parties agree, that the funds in this account will be split equally between Husband and Wife within
ten (10) days of the execution of this Agreement.
12. Motor Vehicles:
The parties agree that Wife is the owner of a 2005 BMW X3 which is currently encumbered
by a loan held by PSECU in Wife's name alone. Wife shall retain sole and exclusive possession of
the 2005 BMW X3 and shall remain solely liable for the current encumbrance thereon.
The parties agree that Husband is the owner of a 2007 BMW 3351 which is currently
encumbered by a lease held by BMW Financial in Husband's name alone. Husband shall retain
sole and exclusive possession of the 2007 BMW 3351 and shall remain solely liable for the current
encumbrance thereon.
The parties shall each be responsible to provide their own automobile insurance for the
vehicle currently in his or her possession.
Husband and Wife shall indemnify and hold each other harmless against any liability related
to the encumbrance on the title to the vehicle in the other name under this section. Each shall be
responsible for his or her own vehicle insurances.
13. Retirement Plans and Insurances:
Husband and Wife agree that each does hereby specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan,
Retirement Plan, IRA.Account, Profit Sharing Plan, 401(k) Plan, 403(b) Plan, Keogh Plan, Stock
6
Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement plan or plans of
the other Party, acquired in the past or future by the other party, whether acquired through said
Parry's employment or otherwise (hereinafter "Retirement Plans"). The parties agree, upon demand
of the other party or the other parry's Retirement Plan Administrator, to execute any and all
documents necessary to effectuate this paragraph. Hereafter, the Retirement Plans shall become the
sole and separate property of the Party in whose name or through whose employment said plan or
account is held or carried. If either Party withdraws any sums from the Retirement Plans distributed
to him or her pursuant to the terms of this paragraph, then that Party shall be solely liable for any
and all taxes and penalties resulting from that withdrawal.
Husband and Wife agree that each does hereby specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any insurance policy
or insurance account of the other party, acquired in the past or future by the other party, whether
acquired through said party's employment or other wise. Hereafter, the insurance polices shall
become the sole and separate property of the parry in whose name or through whose employment
said policy or account is held or carried. If either party withdraws any sums from the insurance
policies or accounts distributed to him or her pursuant to the terms of this paragraph, that party shall
be solely liable for any and all taxes and penalties resulting from that withdrawal.
As of the date of this Agreement, neither party shall be obligated to maintain any life
insurance policy on himself or herself for and on behalf of the other. Neither party shall be the
beneficiary of any life insurance policy that insures the life of the other. Each party specifically
releases, waives and forever discharges any right that he or she may have now or in the future as
7
beneficiary or named beneficiary of life insurance or death benefits of the other. Each party forever
releases and discharges the other from any claim or action for such rights.
14. Equity Payment:
Husband agrees to pay Wife for purposes of equitable distribution, the sum of $63,000.
Said amount shall be paid to Wife within 60 days from the date the Divorce Decree is entered.
15. Health Insurance and Unreimbursed Medical Expenses:
The parties agree that they are each to continue to provide health insurance benefits for
himself or herself. Wife agrees to continue to provide dental insurance for Husband until the entry
of the Decree in Divorce. Husband and Wife agree that each shall be responsible for his or her own
unreimbursed medical or dental expenses. Husband and Wife shall hereby release and hold each
other harmless from any liability that may accrue to each other as a result of failure to pay for his or
her own unreimbursed medical or dental expenses.
16. No-Fault, Uncontested, Consent Divorce:
The parties agree to execute the Affidavit of Consent and Waiver of Notice of Intention to
Seek Entry of Divorce Decree simultaneously with the execution of this Agreement. Wife will then
file the Praecipe to Transmit the Record and provide a certified copy of the Divorce Decree to
Husband.
17. Mutual Cooperation:
Husband and Wife agree that each will forthwith (and within at least ten (10) days after
demand therefore) execute any and all writings, instruments, assignments, or releases,
satisfactions, deeds, mortgages or such other writings as may be desirable or necessary for the
proper effectuation of this Agreement.
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18. Bankruptcy:
The parties further warrant that they have not heretofore instituted any proceedings pursuant
to the bankruptcy laws nor are there any such proceedings pending with respect to them which have
been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as
they resolve the economic issues between the parties incidental to their divorce and the obligations
of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should
either party file for protection under the Bankruptcy Code at any time after the date of execution of
this Agreement.
The payments called for in this Agreement are not intended to be a debt which is affected by
a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in
bankruptcy because the parties acknowledge that such are necessary for the parties to meet their
financial obligations and to support and maintain their standard of living as well. The parties
acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file
a bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be dischargeable by or on
behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall
constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance
and support are not dischargeable under current bankruptcy law or under any amendment thereto.
Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is
instituted in which a party's right to have payments made by the other becomes a matter for judicial
review, the parties agree to consent to any motion filed by the other with the bankruptcy courts,
wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability
9
of said obligation and other obligations to said party thereunder in order to allow the appropriate
Court of Common Pleas to rule upon the issue.
19. Reconciliation:
This Agreement will remain in full force and effect even if the parties reconcile, cohabit
as Husband and Wife or attempt to reconcile. There shall be no modification or waiver of any of
the terms hereof unless the parties in writing, signed by both parties execute a statement
declaring this Agreement or any term of this Agreement null and void.
20. Modification and Waiver:
A modification or waiver of any provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this Agreement. The failure of either
party to insist upon strict performance of any of the provisions of this Agreement shall not be
construed as a waiver of any subsequent default of the same or similar nature.
21. Advice of Counsel:
This Agreement contains the entire understanding of the parties who expressly acknowledge
that this Agreement has been entered into by his or her own volition, with full knowledge of the
facts and full information as to the legal rights and liabilities of each other, after consultation with
counsel of his or her own choosing, or being informed to retain counsel of his or her own choosing,
and each believes this Agreement tote reasonable under the circumstances, being fully informed of
all property owned by each other, and each hereby acknowledges that there have been and are no
representations, warranties, covenants or agreements other than those expressly set forth herein.
WIFE, DRU COMUNE, IS REPRESENTED BY MELANIE L. ERB, ESQUIRE. HUSBAND,
DANIEL COMUNE, IS NOT REPRESENTED BY COUNSEL, BUT HAS BEEN ADVISED
10
THAT HE HAS THE RIGHT TO OBTAIN COUNSEL AND HAVE THIS DOCUMENT
REVIEWED BY AN ATTORNEY.
22. Negotiations By Parties:
Each parry acknowledges that the terms of this Agreement were negotiated directly by each
other. Each party has instructed his or her attorney to refrain and each party has himself and herself
refrained from undertaking formal discovery proceedings, accounting procedures or other
investigative efforts authorized by law in order to obtain an early, amicable and expeditious
settlement of the dissolution of their marriage. Each party further agrees and acknowledges that his
or her attorney has not undertaken any independent investigation or engaged in formal or informal
discovery proceedings relating to the extent or value of assets described herein, but has relied solely
upon information supplied by the parties relating to those matters and upon the terms and conditions
negotiated by the parties, and any appraisals that might have been obtained by the parties.
23. Tax Advice:
Each party acknowledges that his or her counsel has not made any representations to that
party regarding the tax consequences or tax effect of any of the matters set forth herein, and has
instead advised him or her to seek the assistance of an accountant or tax attorney to provide advice
as to the tax consequences of this Agreement or any ramifications thereof, and that each party's
counsel has given no recommendation, advice, opinion or statement concerning the tax
consequences of this Agreement.
24. Agreement Binding on Heirs:
The death of either party hereto shall not terminate the requirements of this Agreement for
any and all payments or settlements to be made hereunder. Any payments due hereunder shall be
11
made by the personal representative or executor of the deceased from his or her estate. This
Agreement shall be binding upon the heirs, executors, administrators, legal representatives and
assigns of both parties hereto.
25. Mutual Release:
Husband and Wife each does hereby mutually release, remise, quit-claim and forever
discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever,
of and from any and all rights, titles and interest, or claims in or against the property, including
income and gain from property hereafter accruing, of the other or against the estate of each other, of
whatever nature and wheresoever situate, which she or he now has, or at any time hereafter may
have against each other, the estate of the other or any part thereof, whether arising out of any former
acts, contracts, engagements or liabilities of the other or by way of dower or curtesy, or claims in the
nature of dower or curtesy or widow's rights or widower's rights, family exemption or similar
allowance, or under the Intestate Law, or the rights 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 the surviving spouse to
participate in a deceased spouse's estate or any right which a wife or a husband may have or at any
time hereafter may have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital separation or
otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any part hereof. It is the
intention of Husband and Wife to give each other by the execution of this Agreement a full and
complete general release with respect to any and all property of any kind or nature, which the other
now owns or may hereafter acquire, except, and only except, all rights and agreements and
12
obligations of whatever nature arising or which may arise under this Agreement or for the breach of
any part of this Agreement, subject, however, to the implementations and satisfaction of the
conditions precedent as set forth herein above.
26. General Duty to Indemnify:
Each Party represents and warrants to the other that he or she has not incurred any debt,
obligation, or other liability, other than those described in this Agreement, on which the other Party
is or may be liable. Each Party covenants that if any claim, action or proceeding is initiated seeking
to hold the other Party liable for any debt, obligation, liability, act, or omission related to the
marriage of the Parties for which that Party is responsible under the terms of this Agreement, the
responsible Party will, at his or her sole expense, defend the other against the claim, action, or
proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the
other Party with respect to all Damages resulting from the proceeding. The term "Damages", as
used in this Agreement, shall include, without limitation, any loss, cost or other liability that results
from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and
other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to
avoid such litigation. To be includible, "Damages" must result from an inaccurate representation
made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach
of any of the covenants, promises or obligations made by or incurred by either Party in or pursuant
to this Agreement. Each Party agrees to give the other prompt written notice of any litigation,
demand, claim, action or proceeding that is threatened or instituted against him or her and that might
constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph.
13
27. Headings Not a 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.
28. Void Clauses and Severability:
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.
29. Warranty:
Husband and Wife acknowledge that they have each read and understand this Agreement,
and each warrants and represents that it is fair and equitable to each of them.
30. Law of Pennsylvania Applicable:
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
31. Agreement Part of Divorce Decree:
Husband and Wife agree that this Agreement is to have all the force and effect of a Court
Order, and, upon Divorce, shall be included as part of the Divorce Decree for enforcement purposes.
32. Survival Beyond Divorce Decree:
The parties hereby acknowledge that they have accepted the within Marital Settlement
Agreement as a final settlement for all purposes whatsoever between themselves as contemplated by
the Pennsylvania Divorce Code. Should a Decree, Judgment, or Order of Separation of a Divorce
14
be obtained by either of the parties in this or any other state, each of the parties hereby consents and
agrees that this Agreement and all its covenants shall not be affected in any way by any such
separation or divorce; and nothing in any such Decree, Judgment, or Order or further modification
or revision thereof, shall alter, amend or vary any term of this Agreement, whether or not either or
both of the parties shall remarry, it being understood by and between the parties that this Agreement
shall survive and shall not be merged into any Decree, Judgment, or Order of Divorce or Separation.
It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions
thereof, shall be incorporated by reference into any Divorce, Judgment or Decree for the purposes of
enforceability only. This incorporation, however, shall not be regarded as a merger, it being the
specific intent of the parties to permit this Agreement to survive any Judgment or Decree, and to be
forever binding and conclusive upon the parties.
33. 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 party last executing this Agreement.
34. Effective Date:
This Agreement shall be immediately effective upon execution by the parties and is not
subject to any conditions precedent such as the parties' divorce.
35. Distribution Date:
The transfer of property, funds and/or documents provided for herein shall only take place
on the "distribution date" which shall be defined as the date of execution of this Agreement unless
15
otherwise specified herein.
36. Sanctions for Non-Comphance:
In the event that either parry breaches any provision of this Agreement and the other party
retains counsel to assist in enforcing the terms hereof, the breaching party will pay all attorney's
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 parry shall bear the obligation of any and all costs, expenses and
attorneys' fees incurred by the nonbreaching party in protecting and enforcing his or her rights
under this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement on the day and year
first above written.
Del& (SEAL)
ERB RU COMUNE
A mey for DRU COMUNE
16
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF D A (3 PH 1
Personally appeared before me, the undersigned officer, this 90 day of
IM -, 2007, DRU COMUNE, known to me, or satisfactorily proven to be, the person
whose n al is subscribed to the within instrument, and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
C?'(SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA L. LOGAN, Notary Public
Susquehanna Township, Dauphin County
My Commission Expires June 11, 2009
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF-D L & 0
Personally appeared before me, the undersigned officer, this <&Z-0 day of
'2007, DANIEL COMUNE, known to me, or satisfactorily proven to be,
the person whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
V &-/' t (SEAL)
Notary Public
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
DEBRA L. LOGAN, Notary Public
Susquehanna Township, Dauphin County
My Commission Expires June 11, 2009
17
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DRU COMUNE, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA
V. NO.: 06-6842
DANIEL COMUNE, CIVIL ACTION -LAW
Defendant 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: The Original Complaint in Divorce was
served upon Defendant by Certified Mail, #7006 2150 0000 5808 6866, Restricted Delivery,
Return Receipt Requested; and by Regular U.S. First Class Mail, Postage Pre-paid on December
1, 2006 and was received by Defendant on December 4, 2006 as evidenced by the attached
Affidavit and Exhibits.
3. Date of execution of Plaintiffs Affidavit as required by §3301(d) of the Divorce Code:
a. Plaintiff: July 26, 2007
b. Defendant: August 3, 2007
4. Related claims pending: All claims have been settled by and through a Marital Settlement
Agreement dated August 3, 2007 and signed by Plaintiff on July 26, 2007 and Defendant on
August 3, 2007. Said Marital Settlement Agreement is attached herein; incorporated by
reference, but not merged into the divorce decree.
5. Date and Manner of Service of the Notice of Intention to file Praecipe to Transmit Record:
a. Plaintiirs waiver is attached within and shall be filed as part of the Praecipe
to Transmit Record.
b. Defendant's waiver is attached within and shall be filed as part of the
Praecipe to Transmit the Record.
Respectfully submitted,
Date: J
Scaringi & Scaringi, P.C.
2000 Linglestown Road, Suite 106
Harrisburg, PA 17110
(717) 657-7770
ATTORNEY FOR PLAINTIFF
r Corrtpiute Items T, 2, and 3. Also ooeripie
item 4 M RsUioted Deflvefy is deshsd.
P*tt your name end address on the reverse
so that we can Mum the card to you.
¦ Attach this card to the back of the meilpi m,
or on the front p specs permits.
1. Ardde Ad*ss to:
2. ArUcis Ntrrtber (Copy from servke IffiW
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If YES, enter delvety address below: 0 No
3. Service Type -
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4. Hastriplsd t7sAtlry! (iDt A*
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SOnt To
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CO
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
Dru Comune
Plaintiff
No. 2006 6842
VERSUS
Daniel Comune
Defendant
DECREE IN
DIVORCE
AND NOW, t' f-\ v'?Nh tJ '51' , 10, IT IS ORDERED AND
DECREED THAT Dru Comune
AND
Daniel Canune
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;
Nom. A Nriage+1 dated Atxglst 3, 2007 is attadmd h and irrz>rpccabed
Yerein by refmure, but not mwged mto the ]hvxoe Ibcree.
Y
Fso
By THE CO RT.
Ll