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HomeMy WebLinkAbout94-01021 ..:c.' ':C-' <Co .:C-'''' .:.:- .:c-"4c.- <Co'.:c. .. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:. .:.:.':-::.:c.::.:e<:':co:;':.:-;;':.>::<c': <Co :<4CC<C<:~ ~, '. -" '. ., @ ~ ~ ~ IN THE COURT OF COMMON PLEAS : ~ ~ ~ ~ ~ ~ ~ e ~ ~ Q ~.~ t '7 e ~ ~ ~ ~ ~ ~ ~ 8 ~ ~ ~ ~ ~ ;:; ~ ~ $ $ ~ ~ ~ .~ ~ OF CUMBERLAND COUNTY ~ STATE OF . PENNA. PAMELA MILLER LUPO II ,................... if N o. ....,~,~,~..~....~,~V~,~............, 1994 Plaintiff V crslIs __ ........ . . . . . . . . . , . I 'i DAVID C. LUPO I Defendant DECREE IN DIVORCE AND NOW, ,. ,\4y,l1.~,~~.. ,~....., 19 ,'1~, it is ordered and decreed that.", ,P,a."!7~~, ,~!~~,l.'~~, ~.u,~~.."..,."..."",.,.." plaintiff, and."" .. ,J?':Iy,iA, ~....~I!P!>,....." " ,..,.. ......,..,...,...., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of rec~r~ in this action for which a final order has not yet been entered; VJO IN2.. ,'" :I:~!!, .t.l!~!D,s, ,qf. ,t.l1l!, P!l,t:~t!!,s.', ,l.'r.o,p.l!~):.Y, .~Ijl):~J..~I!I." ,~l!,r,~~I!I!!,n,t; I", da ted Jul y 13, 1994. and attached here,to"~ a te herein ............ ...... . ............ ...... ...... ......... ... .., ./ herewith. D y T $ ~ ': e ~ $ ~ $ ~ ~ ~ ~ ,;, " r~ ~ e g $ ". ~ ~ ~.~ $ t ~': ~ ~.' .' ~ ~ ~.' ~ ~ ',' ~ s ~ s s I, - ... ..... J )~ ~~"<.-!~ v.' , , 'c; IV I~ , , "'-~-.- ~ ~.......-. ~.._.~--'--..."~--.._~-.~ -"~' -. '.' ......... -~----~---.... ~.. '--~.~".-'- ~.__.-~ ~.- ,-, .--~.. '~ '. :. .:.:. .:.:. .:.:- .:.:. .:.:- .:+:. .:.:. .:.:. .:.:. .:+:. .:+:. .:+:. .:.:. .:+:. .:.:. .:+:. .:+:. .:.:. .:.:. .:.:. .:+:. ,- f>i,'1I!"',-c~C~"','<-J.,,,..,,....I",~ . 7f4~ /l!d4 ?;/1/9V .,----.,.--- . , PROPERTY SETI'LEMENT AGREEMENT THIS AGREEMENT, made this 1 #' day of ~ 1994, by and between Pamela Miller Lupo, of443 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and David C, Lupo, of 1244 Three Mile, Grosse Point Park, Michigan (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on July 20, 1985, in Lemoyne, Cumberland County, Pennsylvania, and; WHEREAS, one child has been born of this marriage, namely to wit, Cullen Lupo, born September 30, 1989. 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, and the parties hereto are desirous of settling fully and finally their respective financial and - I - , !c.." -. .,., . ~'.'~'-"""" property rights and obligations liS between elleh other, Including, without limitation by specification: the sellling ofllllmllllers hetweenthem relllting to the ownership and equitable distribution of real and personlll property: sell ling ofllllmllllers between them relating to the past, presentllnd future supporl, Illimony, lind/or mlllntenllnce of WIFE by HUSBAND or of HUSBAND by WIFE: sellling of 1111 muliers between them relllting to the past, present, and future support and/or mnintenllnce of the child; the implementlltion of custody and visitation arrangcments for the minor child of the purties; und in generul, the scttling of any and all claims and possible cluims by one IIgllinstlhe olher or against their respective estates. NOW, THEREFOIU:, in considerution of the premises and of the mutual promises, covenunts IInd underlllkings hereinaller set forth and for other good and valuable consideration, receipt of which is hereby IIcknowledged by each ofthe parties hereto, HUSBAND Ilnd WIFE, ellch intending 10 be legally bound hereby covenant and agrees as follows: I. SEPAIIATION: HUSBAND and WIFE shall at all times hereafter have the right to live scpnrnte IInd IIpart from each other and to rcside from timc to time at such place or placcs liS they shall respectively deem lit, free from any control, rcstraint or interference - 2- ~ ,,_, "..'''''...."t" "', whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causcs leading to their living apart, 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to carry out the provisions ofthis Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the child of the parties at anytime which might in anyway influence the child adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the child, 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such -3- I , I ; I , 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 ofthe other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequcnt to the date hereof, 4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 1021 Civil 1994, claiming that the marriage is irretrievably broken under Section 3301 of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330 I of the Divorce Code at the same time as he executes this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions ofthis Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of divorce be obtained by either ofthe parties in -4- this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall altcr, amend or vary any tenn of this Agreement, whether or not either or both of the parties shall remarry, It is the specific intent of the parties to pennit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations ofthe parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if .5- they have each executed this Agreement on thc samc date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of exccution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfcr 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 otherwise specified herein, However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title 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 such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature - 6- of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or thc right to take against the spouse's will; or thc right to treat a lifetime conveyancc by the other as a tcstamentary, or all other rights of a surviving spouse to participate in a deccased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of propcrty, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and geneml release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquirc., 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 provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to thc Pennsylvania Divorce .7. " Code or the divorce laws of any other jurisdiction, 9. REPRESENT A TION BY COUNSEL; This Agreement has been prepared by MARIA P. COGNETII, Esquire, counsel for WIFE, Said counsel at the commencement of and at all stages during, the negotiation of this Agrcement has informed the HUSBAND that she has acted solely as counsel for WIFE and has not advised or represented HUSBAND in any manner whatsoever, HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement has been advised by MARIA p, COGNETII that HUSBAND could be represented by his own counsel but at all times has elected not to be so represented, HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily, HUSBAND and WIFE acknowledge that 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, The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources ofincome and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of - 8- ~"'__J". disclosure that may have been fraudulently withheld, 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party hannless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurrcd by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable, Each party shall indemnify and hold hannless the other party for and against any and all debts, charges and liabilities incurred by the other after thc execution date of this Agreement, except as may be othenvise specifically provided for by the tenns of this Agreement. -9- _._..-"',..'_..::O:,....,''i>-'-~' 12. DEBT OFTHE PARTIES: HUSBAND AND WIFE agree to hold the other harmless from liability for any and all debts in their respective names. 13. PERSONAL PROPERTY: Wilh regard to the personal property in storage in Enola, Pennsylvania, WIFE agrees to pay costs of storage until May I, 1994, After May I, 1994 Wife shall dispose of any property remaining in such storage accordingly, In regards to all other personal property, Ihe parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and lurnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in Ihe possession or under the control of the other, Should it become necessary, the parties cach agree 10 sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each oflhe parties hereby specifically waives, releases, renounces and forever abandons whatevcr claims he or she may have with respect to any personal property which is in the possession oflhe other, and which shall become the sole and separate property ofthe other from Ihe date of execution hereof. 14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each - 10- " possess ccrtain bonk accounts and the like in their respective names. They hereby agree that each shall become sole owner oftheir rcspective accounts and they each hereby waive any interest in, or claim to, any Funds held by the other in such accounts, 15. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both ofthe parties, they agree as Follows: (a) The 1992 Ford F-250 shall be and remain the sole and exclusive property of HUSBAND. Each party agrees to be solely responsible For the amounts presently due and owing against his or her respective automobile, 16. AFTER-ACOUlRED PROPERTY: Each ofthe parties sholl hereafter own and enjoy, independently ofany claim or right oFthe other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with Full power in him or her to dispose oFthe same as Fully and effectively, in all respects and for all purposes as though he or she were unmarried, 17. CUSTODY AND VISITATION: The parties agree to share Icgal custody of - 11 - " ~ ^ " the parties' minor child, Cullen Lupo, as the same is defined by law, The parties further agree that WIFE shall have and enjoy primary physical custody of said child, HUSBAND shall have and enjoy partial custody as follows: (a) HUSBAND shall have the option of two four day weekends, Friday through Monday, per month; (b) HUSBAND shall have custody two weeks every month of the summer. However, he shall only have two consecutive weeks at any given time and there shall be at least two weeks between each of the visits; (c) The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor day, and Thanksgiving, beginning with HUSBAND having custody on Easter 1994. Furthcr, HUSBAND agrees that a holiday weekend would count as one of his four day weekends during the month in which the holiday falls; (d) During the Christmas holiday, HUSBAND shall exercise custody on December 26th through January I st or the day before the start of school each year; HUSBAND agrees to execute a Custody Stipulation with an Agreed Court Order to this efTectto be filed in the Court of Common Pleas of Cumberland County, 18. CHILD SUPPORT: WIFE agrees not to pursue child support for one year - 12- '."'''-'..~''-'''''~''''-- from the date ofthe execution of this Agreement. The parties agree that all future child support actions will be through the Cumberland County Domestic Relations Office since Cumberland County is the location of the last marital domicile, 19. CONSULTATION PRIVILEGES: In addition to any provisions which may be contained herein regarding custody and visitation, the parties shall have the following rights with respect to the child: reasonable telephone calling privileges; access to report cards and other relevant information concerning the progress of the child in school; approval of extraordinary medical and/or dental treatment except in the case of an emergency and provided that such approval shall not be unreasonably withheld; approval of summer camp and schools provided that such approval shall not be unreasonably withheld, 20. ILLNESS OF CHILD: In the event of any serious illness of the child at any time, any party then having custody of the said child shall immediately communicate with the other party by telephone or any other means, informing the other party ofthe nature of the illness, During such illness, each party shall have the right to visit the child as often as she or he desires, consisteni with the proper medical care of the said child. The word "illness" as used herein shall mean any disability which confines the child to bed under the direction ofa - 13 - '''_.'.'fi~''__' -,,~._t licensed physician for a period in excess of 48 hours, 21. HIGHER EDUCATION EXPENSES: The parties shall be responsible for the minor child's college expenses in an amount agreeable or pursuant to law. Higher education expenses shall include but are not limited to, reasonable transportation to and from school, tuition, room, board, books, supplies, fees, and other reasonable costs. 22. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future, The parties release and discharge the other absolutely and forever for the rest oftheir lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein, The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein, - 14- 23. EFFEcr OF DIVORCE DECREE: The parties agree that except as otherwise specifically provided herein, this Agreemcnt shall continue in full force and effect after such time as a final Decree in Divorce may be cntered with respect to the parties, 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each Will, at the rcquest ofthe other, execute, acknowledge and deliver any and all instruments which may be necessary or - 15 - " advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, 26. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3S0S(b) of the Pennsylvania Divorce Code, Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of - 16- Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agrecment shall in all othcr respects remain in full force and effect. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. VOID CLAUSES: Ifany tenn, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that tenn, condition, clause or provision shall be stricken from this Agreement and in all - 17- -. .. ..-..-...- " other respects this Agreement shall be valid and continue in full force, effect and operation, 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agrecd by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only ifmade in writing and executed with the same fonnality as this Agreement. The failure of cither party to insist upon strict perfonnance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature, 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in detennining the rights or obligations of the parties, - 18- 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. t/ iO'~J,(.t,4 t/4}4ft~AL) Pamela Miller Lupo ' / ~ct2 DavId C, Lupo (SEAL) - 19- . COMMONWEALTH OF PENNSYL VANIA COUNTY OF bR \.A fll.\ I tJ ) ) SS: ) 'ili-h ~ On this, the -L- day of C , 1994, before me, a Notary Public, the undersigned officer, personally appeared Pamela Miller Lupo, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nollllfal Seal Karen A. Sheriff, NOlory Public M C ttllmsburg, Douph:n County y ommlssJon E.pires March 9, 19~ii Mernbor, ~aria~lofNolaties .' COMMONWEALTH OF PENNSYL VANIA ) ) SS: COUNTY OF ) On this, the \,J\)\. \' ~ day of ,: ' \':\'3~ . .:l ~'U\. ). , 1994, before me, a Notary Public, the undersigned officer, personally appeared David C, Lupo, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. rYt=c::;M Notary Pu ' -..... t'~,::-t..:~'.~.;. ," . ".' .~ ,...".. i. "" .:' I "-llle S!; ,', . I... . _ \I'. -.a . '.")" '.: ;': \~L ...: . I '.,.......1\ ~n"," ".~" ,;., " "i~.Lil12.11l117 bWtO!'{;l;'.. -.;:J(,;.,.Y'........." ":l- S" >- ",>- ",,'" c.u'--'~ Co) (.')=><0;1 ~~g;;; lL.'XO~ a~,.:.r::: ;;: 1,;':3:;; _.J c'.a:J: ~4Jl4J~ "'..:r wUJ >- X;"- ...'" 0<'> iE U'I .., N ri"l g ..., " PAMELA MILLER LUPO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 1021 CIVIL 1994 DAVID C, LUPO, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service ofthe Complaint: Service was accepted by the Defendant on the 18th day of April, 1994, by certitied mail, return receipt requested, receipt number P 832 866 137, 3, Date of execution of the Affidavit of Consent required by Section 3301(c) ofthe Divorce Code: by Pamela Miller Lupo, Plaintiff, on July 19, 1994; by David C, Lupo, Defendant, on July 25, 1994, ,.......~~.,'""..n.'f~~ . " 4. Related claims pending: None. Respectfully submitted, By: ~~~ Sup, Ct. I. D. #27914 132-134 Walnut Street P. 0, Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 DATED: August 1, 1994 '::) 3 :I: ~ [1, ::: i! III .;a .. . :0 ;. 5" i!'p ~ '" :-00 -0 ~ ;:; ~ C"la ~, g; 0 0 ",00. .. - " :::l I'l o _ '" - ~ .. ~ lZ '" N S ~ iE In .., N C'>") g -.:c " ;::.... ....'- ,...:~ lu(.,':"'~f (,,)7(-':~ ~oo~ '''':;;:.t:)':'' ell. ~.,. .~J ..j..~.10 ...111_':: r:~UI.l,i t-' :::n.. ...,~ "'- -, " > '. I~.... om~~, tlr M,..i.. I! Cogn~tli . P. 0. lit,,,- hR9 lfilrri\l1url!. J~nn\)'haniil 17IflH.()fiS9 , " PAMELA MILLER LUPO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO . I D J. I (iVI I /99'/ DAVID C. LUPO, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LEGAL SERVICES 7 NORTH HANOVER STREET CARLISLE PA 17013 (717) 243-9400 , ' PAMELA MILLER LUPO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10';' I C illl I 1'19'/ DAVID C. LUPO, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Pamela Miller Lupo, who has resided at 443 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania, for the last one (1) year. 2. Defendant is David C. Lupo, who has resided at 1244 Three Mile, Grosse Point Park, Michigan, for the last two (2) weeks. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 20, 1985 in Lemoyne, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. The Plaintiff avers that the grounds on which the action is based are as follows: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, By: j(~ttJA MARIA P. 17108-0689 DATED: ~/JIICj~ , " COMMONWEALTH OF PENNSYLVANIA I ) SS.: COUNTY OF DAUPHIN I AFFIDAVIT PAMELA MILLER LUPO, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information and belief. g~$~ PAMELA MILLER LUPO Sworn to and sUb/~lbed bef~e me this day of i ]}..} /Ill ,'''V-' 1994, ~11 /}. )M .~M; ~ otary Public NorARIALSE~--- JEAN L MOnl1l. fl,t4ry P~\i1c fl1rrisburL, O.u.~in CDunty M CDftlmitsloo E., ir.. 51 t 16, 1995 ~ ,ro< .~ -- ~ -~ ~ ....... ~ 1\ 'o.J f. '~ ~ "-.J ~ :t . . .",.. 0'"> ,. 0 - ~ ,. <0 = lJ") 0 <;:) 0- \r) r- v1 \.r) ..... ;--.J r- ~ - '" -lOi;' - 0: 1'1\ :-:.: t;~'~';",-,; " PAMELA MILLER LUPO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 1021 CIVIL 1994 DAVID C. LUPO, Defendant : CIVIL ACTION . LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Divorce was served upon the Defendant by certified mail, return receipt requested, on the 18th day of April, 1994. The original signed return receipt, number P 832 866 137, is attached hereto and made a part hereof, Respectfully Submitted, Dated: '1/.:) 7 / Cj l..1 ~iP~' Maria P. C gnetti quire Supreme Court ID# 27914 132-134 Walnut Street P,O, Box 689 Harrisburg, PA 17108-0689 (717) 232-2103 it fl.. !i i, ji-' If'li ..*'I.I..CIPO;l-.71. .' WINE. ILILI 6H90"HOILI Il!UM.I.\"IU~1 ':4Jnqli!JJr.'1 6Ht} ~uU U ,. !"..uS()~1 a "!"'W 'U\.I-'!JIO ........1 . .. ~ - ~ - II I: '" !:: '! 'gOIll'~ ... 0 ~t..) ~ ~ i=;i "' Oc..: ~ ::J ~ d ~ ;:: .:! a.: !!> is .. III .il ~ ~ 'E ~ :I: :1.-". .,. = r--> u:> c, ~ N <::> "" ;::'-;1 , "P' _,; _'.~l .'",r ..: ~< -L" :..r.: u:> ~ ",".".,.,-~;:: PAMELA MILLER LUPO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1021 CIVIL 1994 DAVID C, LUPO, Defendant : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 2, 1994, 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property , attorney's fees or expenses if! do not claim them before a divorce is granted, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. Section 4904 relating to ",,,wom "'";0'0000 10 '"thorid~ . Date: -rfqjC14 'jd 4//rJ ~/D Pamela Miller Lupo, Plaintiff (./ . EOINtl: (LILl 6890-801L1 IIU~I.(suU"4 '8Jnq.\JJlH 689 'ou '0 'of !IIauBoJ () "!."W JIJ Q)UJU ,owl t ~. ~~., . -. .~ ~ i ~ II ",- 'a ~&!l'; ~US _ Oc..: '" i;' l d a ,:].! c.; ~ .. e!' ~ 1 :c .., sa M "" ;.:J E t:. n~ c ,,;,7:"- ~?;: -. ~ -, ..-..;.. ~ Co-:I~ ~. :... _,}Q'11 .r ,':.);;;e' (;. ,;.::::: '~';p; ~1"''' <'" ., - c:: ... ....... ,1'.) w VI ..... ::ll: - ..... .c.. . , , ... . , PAMELA MILLER LUPO, PlaintilT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 1021 CIVIL 1994 DAVID C, LUPO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 2, 1994. 2, The marriage of Plain tilT and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing ofthe Complaint. 3. I consent to the entry of a final r1ecree of divorce, 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if! do not claim them before a divorce is granted, I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities, Date: 1/ I zs 'i +- fll{~~ JANaMJCm ) I'IIbllc. Oakland Counl\I. .. MvCommlNlonexpu.1 Deo. 17. 1;" \. ... 4/Ii'" -:I"" en - (T) >-,.. ..oc_ ~~ '~"f W",,:,., ~"z' ;r 1:'00..: (.... .rJ":l."l ''': ]~ i~:.: \1- e, ~-)C' :oc a- U'! .... N c:J :::> -..: ~ t~ N o ... x ~ 3, :::: g- III ;a .. ;,p ~ ;. ~ ] ;" :-Co _ 0 ~ OJ ~ C"la ~. 0'1 Q 0 loO OOCA .... - '" CI ::! " ii<1 = &; .. 00 '" -::; .9 '- .' ... '~ ...;'" . \'. Ln- Omen ur l'\...i., I~ Cognelli i I' 0, '~l\ 6HlJ Ilarrhbul'}:.. l'tnn\yl\'lInia 17lO8-06K9 ~ ..