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HomeMy WebLinkAbout94-01741 ~ ~ ..-P d - o 'J u.. III - OJ D 0 .. N !!: ~ ;;; - :s a: .. - " " " N m ~ 0 - ~ 01 <( ~ ~ ...0; :0 u . II ii: Cl c( z ... II: !: a: ~ o :J .- o 0 Iii m Z ~ 2 !1! II II: II: <( J: .-~-~~~~~~~~~---~--~--):.~~~:~.~~-~~., ~ -~ ~ . s * ~ $ ~ ~ ~ ~ . II l' 0411 '.'a ~ " M ," ~ $ ~ ,.' 8 ~ ~ '. ~ 0;0 ~ ..' s * ~.I ~ ,.' ;. ,,' " ~ IN THE COURT OF COMMON PLEAS ~ 8 OF CUMBERLAND COUNTY STATE OF * PENNA. ~ ~ $ 8 ~ " " ~ ~ ~ .. JOSEPH ..L.". FAIOLA", '''''' II II N ll, .................,J]4~............... 19 94 ""'" "". ". '"'' Plaintiff,,,, ',... VCI'SIIS ,i .. .. . . .. ... ~ I 'I , WENDY. J. ..FAIOLA"". . ........ ............ '; 'I ,I ~ I ,I * '.' ,.' ~ ,,,Defendant " ~ ~ .' DECREE IN DIVORCE AND NOW, ".~.~..?-}" 19.~Cit is ordered and decreed that . .o!9~.F;~~, .~'. ,r!\.~<?W\. . . ,. , , , . ,. , , , . , ,. , .. , , . .. . " plaintiff, and. .WENO'l.J.. .FAIOM.""...........,..,.",.,..,..,..,.., defendant, are divorced from the bonds of matrimony, i '.~ ~ The court retains jurisdiction of the following claims which have been raised of r~cEd in this action for which a final order has not yet been entered; r.{) ~ . The .Marital' 'Sett.lement 'Agr-eement . Da.ted, NovembeJ:':2~199.s ,is"" iz:t~?,t:l?o~~,~€;!~. ,~~~o, .~~~. ~,~~, ~,~~~7~. ,~~~~, ,7~~~. ,~~;'7~ .'.1~~~~~~~~:... D, Th /co.4 lj~, .d..i,~~~,/ ~,~.... '~othonolnry I~ i~ i'" J,', '. (',. I. (~ i; ~ ',' ,:-:"-':'~,"--:-:~""""""'--~.""""",----"""-,,,----~~--~-,-~~- ~._.'."-.",-...-~".".~...~~.....".,... -..'~ ~~~~---~-------~**-_*ID__ Atte.t:,~ .~rt&l ~7~~l. .~ s ~ ~ ~ $ ~ " ~ $ :.; ~ ~ II. '.' M .'~ ~ ~ ~.~ w ~.' ~ '.' ~ ~.' ;i '.' ;i ',' ~ ~ '.' ~ ',' ~ ,'~<'J1r~""" _ . . I{'~f 9.5' ()d. Co", ('1~ -Zqt ~ 1/' ~~ . 9J~ >1~ 11f~eJJ/ ~~. I . I . . .- MARITAL 8BTTLBHBNT AGRBBHBNT AGRBBHBNT, made this ~.y of _/l/tru.. .J...~ , 19 '1; , by and betw.en WBHDY J. J'AIOLA, hereinafter referr.d to as "Wi f." , and JOSBPH L. J'AIOLA, hereinafter referred to .s "Husband". WITNESSETH: WBBRBAB, the parties hereto are Husband and Wife, having been married on January 16, 1988. WBBRBAB, 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 by specification: 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, TBBRBJ'ORB, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable considerations, receipt of which is hereby acknowledged by each of the parties hereto, Wife and '1 ".. . .-.,,.--,,.". . . Husband, each intending to be legally bound hereby, covenant and agree as follows: I. This AGREBMBNT NOT A BAR TO DIVORCB PROCBBDINGS. 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 a condonation on the part of either party hereto of any act or acts on the part of the other party which have occurred prior to or which may occur subsequent to the date hereof. 2. EFFBCT OF DIVORCB DBCRBB. 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. It is the intent of the parties hereto that this Agreement shall create contractual rights and obligations entirely independent of any Court Order and that this Agreement may be enforced by contract remedies in addition to any other remedies which may be available pursuant to the terms of this Agreement or otherwise under law or equity. 3. AGRBEMBNT TO BB INCORPORATBD IN DIVORCB DBCRBE. The parties agree that the terms of this Agreement shall be incorporated, but not merged, into any divorce decree which may be entered with respect to them. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall 2 I I t~ -<i.~daJ:~~~ . , . retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. 4. DATB OJ' BXBCUTION. 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. 5. ADVICB OJ' COUNSBL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Nora F. Blair, Esquire. Wife has been advised of her right to counsel and has waived that right. 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. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. Each party agrees that he and she shall not, at any future time, raise as a 3 , . , defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 6. PBRSONAL RIGHTS. Wife and Husband, at all times hereafter, may and shall live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carryon 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 or compel or attempt to compel the other to cohabit or dwell, by any means or in any manner whatsoever, with him or her. 7. SUBSBOUBNT RBCONCILIATION. The parties agree that the terms of this Agreement shall not be affected by their subsequent co-habitation or resumption of marital relations, unless the parties otherwise specifically agree in writing. 8. MUTUAL RELEASES. Husband and Wife each do hereby mutually remise, release, quitclaim 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, title and interests, 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 or wheresoever situate, which he or 4 she now has or at any time hereafter may have against the 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 or widower'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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United states, or (c) any other 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, property division, costs or expenses, whether arising as a result of the marital relation 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 provision thereof. It is the intention of Husband and Wife to give to each other the execution of this Agreement a full, complete and general 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 acquire, 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 '. , . 5 , . ~"""'fr_....^ :..~~'" ~_,,-,;,~.,".. 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 the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9 . BAHlt ACCOUNTS. RBTIRBMBNT ACCOUNTS AND STOCK. Husband and Wife are the owners of individual bank accounts, retirement accounts, employee savings plans and stock bonus plans. All bank accounts, stock bonus plans, employee savings plans, retirement plans, and all other accounts shall be the sole and separate property of the party in whose name the account or plan is titled. Each party shall execute all documents necessary to give effect to this paragraph. 10. PERSONAL PROPBRTY. Husband and Wife do hereby acknowledge that they have 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. Except as may be provided otherwise in this Agreement, Husband agrees that all property of Wife or in her possession shall be the sole and separate property of Wife; and Wife agrees that all property of Husband or in his possession shall be the sole and separate property of Husband. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 6 11. ArTBR-ACOUIRBD PBRSOHAL PROPBRTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. RBAL BSTATB. The parties are the owners of a house located at 516 North Enola Drive, Enola, Cumberland county, Pennsylvania. said real estate is currently listed for sale and should settle within the next month. Wife agrees that the proceeds received from settlement shall be paid to Husband. Wife shall be responsible for all mortgage payments and other payments on said real estate until the date of settlement. Wife agrees to indemnify and hold Husband harmless for and against any and all claims arising out of Wife's failure to make payments as specified herein. 13. AUTOMOBILBS. The parties are the owners of two automobiles. The 1991 Lumina APV shall be Wife's sole and separate property. Wife shall be solely responsible for payment of any loan on the Lumina. The 1994 Corsica which Husband purchased since the parties' separation, shall be Husband's sole and separate property. Husband shall be solely responsible for payment of any loan on the corsica. Each party agrees to execute all documents necessary to implement this paragraph. Each party agrees to indemnify and hold the other party harmless for and against any and all such claims arising out of the party's failure to make payments as specified in this paragraph. 7 .,;~..:::.r:.~'n J 14. LI~B INSURANCB. The parties are the owners of various life insurance policies. The policies shall be the sole and separate property of the insured. 16. CURRBIfT LIABILITIBS. Husband shall be solely responsible for payment for all debt that is solely in his name. Wife shall be solely responsible for payment of all debt that is solely in her name. Wife shall be solely responsible for payment of the mortgage and any other liens on the real estate as specified in paragraph 12. Each party agrees to indemnify and hold the other party harmless for and against any and all claims arising out of the party's failure to make payments as specified in this paragraph. 17. WAIVER 01' PAYMBN'l' O~ LBGAL ~BBS. Wife shall be responsible for payment of her legal fees. Husband shall be responsible for payment of his legal fees. Wife shall pay to Husband $50.00 toward the fees to finalize the divorce. 18. ALIMONY AND ALIMONY PBNDENTB LITB. Wife and Husband do hereby waive, release and give up any other rights they may respectfully have against the other for any alimony, support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any additional support from the other party, except as provided herein. Either party may seek child support as appropriate. 19. MUTUAL CONSENT DIVORCB. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counselling, and that they both agree to I I 8 . " execute such stipulations, consents, affidavits, or other documents and to direct their respective attorneys to file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said section 3301(c) of The Divorce Code. The Affidavits of Consent for the divorce filed at number 94-1741 in the Cumberland Court of Common Pleas are being executed simultaneously with the signing of this Agreement. Upon request, to the extent permitted by the law and the applicable Rules of civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 20. WARRANTY AS TO EXISTING OBLIGATIONS. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations 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 harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 21. WARRANTY AS TO FUTURE OBLJ:GATIONS. Wife and Husband each 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 harmless the other party for and against any and all debts, charges 9 and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 22. nl:VBR OR MODl:l'l:CATl:ON TO BB l:N WRl:Tl:NG. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties, and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. MUTUAL COOPBRATl:ON. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. LAWS OP PBNNSYLVANl:A APPLl:CABLB. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 25. AGRBEMENT Bl:NDl:NG HEl:RS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. OTHBR DOCUMENTATl:ON. Wife and Husband covenant and agree that they will forthwith (and within at least ten (10) days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other '. 10 -~..; writings as may be necessary or desirable for the proper effectuation of this Agreement. 27. NO WAIVBR OF DBFAULT. 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 default or breach of any provision hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 28. BNFORCEMBNT OF AGRBEMENT. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her selection, to sue for damages for such breach or to require specific performance. The party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other party in enforcing their rights under this Agreement or for seeking such other remedies of relief as may be available to him or her. 29. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law 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 11 _~-...r . .... party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall, in no way, void or alter the remaining obligations of the parties. 30. HEADINGS NOT PART OF AGREBMENT. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first above written. fYJ JJ I () fl n f-J -:::L .JJ:... WITNESS ~ ~,!/F/o~J~ 1d'-ClO-9S ~~~ I+-lo-~ m.Jt anf). A. dr~ WITNESS ~ 12 !-~.< J j t'.. --,- i\..l':<',l!~"'-:" ". l..~_ <. _" '__ ;:oj,}\ .~ " . COMMONWEALTH OF PENNSYLVANIA :88. COUNTY OF DAUPHIN On this, the 2.0 Id day of /I J b-t.I-A<,~ . ./ , 19~..> ' before me a Notary Public of the Commonwealth of Pennsylvania personally appeared JOSEPH L. FAIOLA known to me to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNBSS WHBRBOP, I have hereunto set my hand and official seal. , (SEAL) My commission Expires: NOTARIAL SEAL NOAA F BlAJR, Nolary PublIC Lower Pa.ton Twp , Deuphon Counly My Comrn"-l ex",," May 1 0, 1ll9ll 13 ,.,~,,-.,_ _. '''~,.., ...A_~"<"_.,' .... COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the 1. 0 tJ; day of N n-. u-... .J'........ . . . :88. , 19 9,J' , before me, a Notary public for the Commonwealth of Pennsylvania, personally appeared WENDY J. FAIOLA known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNBSS WBERBO~, I have hereunto set my hand and official seal. Public (SEAL) My Commission Expires: NOTARIAl. SEAl. NORA F BlAIR, Nolary PubI.c ,;;- Paxton Twp , Da"""'n Counly Comm""n Expo,e. Mey 10, 1m 14 ........-.<-..--,---. . .-... --- ~ v I III TaB COURT 01' COHMOII PLBAS I CUHBBRLAHD COtnrrY, PBIlR8YLVAHIA I I NO. 94-1741 I I I CIVIL ACTION - DIVORCB J08BPB L. I'AIOLA, Plaintiff WBIlDY J. I'AIOLA, Defen4ant 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: April 30, 1994 by certified mail and Acceptance of Service. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff: November 20, 1995; by the defendant: November 20, 1995. (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: N/A 4. Related claims pending: NONE J / ~_... / . '7--? ~ ~:.~./- Nora F. BlaIr, Esquire Attorney for Plaintiff ~'~~~:'i'r.~"' ('?"~' . -,,-' :;~":',' ,~'>:~t;~", ". ~'~.i.\ .,~ :'_C'_~_,_<<'r~-_~~!."",..,',. '~"."..- r.. ... I-~-.^ ~," H, :~~t~~~~r:":,, , LI")~ C7'1- . .... _ ~)OO",:;~ ;I:: CI.- C{ "; ~~r-Ir.~~).: - " U'Jr ::.~~ .- ~~.~---..- ..... C\t:.:: -'-=t......t '" ,... _~, ~"l;>> ~;.~~ ~'_I N 6".4~"t.; 46.1:?4.l~l...~ :----.;,:l~liC"~ ~- ~- ~..Ji-J,1tiilw..o "" __ - 'r :'!rn...r. a.. - ..~..... ::;:, =--Q ~"...'\ c:)-: '''-,~) '- = -J- t i~ -} 1 @ .~ .. - , ~ --=> ~ f~ - 1>0:- ~ ~. . ~ 4- . ....,i -t-o.. ~ - . <....J ..... ~ 0 0 0 U) 0 \r) to . <::l r-\,{1 0<::> - - 1; + ;>.. ~ ~f: Iu'"'''' ~ ~~e~ 1...0(.) CO l:.l~~~ " 1':'"). or.-J .::S :l-~..;' >- .L II-<n..,.JVJ ._ -.! .ec;:a: ,:::~'~/::r. :..cQ"llU ,- .;rQ. ...'" 00 <Ii: ~ . . . @ -;g; .. ~ (7) ... co - , ..s ~ N) f~ - ~ ~ ~. ~ ~ . .....l +Q.. ; ~ . <....J ..., o;;;J... 0 0 <::I lJ) 0 \r) lr) . <::::l r-~ Q<;) - - 1; i- r- ... . ::it: ",,""'" uc."):)". .-;::CO-' 1&. O(,.)~ t;).== ~;! ! r::';,c-.l "Jq, ...r':'- :; 'l~r;!~ ,- 4~4/;r: "':c~l..i ,~ ~Q. ...::> ",,, "" .:tr . . JOSEPH L. FAIOLA. PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUI\.:1BERLAND COUNTY, PENNSYLVANIA : NO. q Y - 17 L/ I ~ j ",. I Ter IY'I : CIVIL ACTION-LAW VS. WENDY J. FAIOLA.. DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sct forth in the following pages, you musl 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 for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, When the grounds 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, Carlisle. Pennsylvania. 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA 17013 (717) 240-6200 JOSEPH L. FAIOLA. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VS. NO. CIVIL ACTION - LAW WENDY J. FAIOLA. DEFENDANT IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301lc) OR SECTION 3301ld) OF THE DIVORCE CODE J. The PlaintitT, Joseph L. Faiola, is an adult individual who currently resides at 2032 Chevy Chase Drive. Harrisburg, Dauphin County, Pennsylvania 17110. 2. The Defendant, Wendy J. Failoa, is an adult individual who currently resides at 35 Susquehanna Street, Enola. Cumberland County, Pennsylvania 17025. 3. PlaintitThas been a bona fide residcnt of the Commonwealth of Pennsylvania for at least six months immediately prior 10 the filing of this Complaint. 4. The PlaintilTand the Defendant were married on January 16. 1988. in Dauphin County, Pennsylvania. 5. The parties separatcd on or about Seplember 14. 1993. 6. Neithcr party has instituted any prior action of divorce or annulment with regard to this marriage in this or any othcr jurisdiction. 7, There ore two minor children by this marriage, Joscph Edward Faiola, Born June 2 I, 1988, and Chelsea Lee Faiola, born on July 3, 1990. 8. Neither the PlaintilTnor the Defendant are members of the Anncd Forces of the United States of America or any of its allies, 9. The marriage is irretrievably broken, ~--'._. _-i:_ _ .\ '~ i , ( , I. I .. p".'":.. 10. The PlaintilTavers that he has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling, 11. The parties may enter into a wrilten agreement with regard to the division of property. In the event that such an a!,'Teement is executed by the parties. the agreement may be incorporated by the Court into the final Decree of Divorce. Wherefore, the PlaintilT requests this Honorable Court to enter a Decree of Divorce in this molter pursuant to 330I(c) or 3301(d) of the Divorce Code, c.ntu(../ ond, Esquire Altomey Number 64177 3344 Trindle Road Camp Hill. PA 17011 (717)730-9394 DATE: U ,j,j .1994 F ~ ~ t i .~ , , , " "<!( VERIFICATION I. Joseph L. Faiola, state that I am the Plaintiff in the above-captioned case and that the facts set forth in the above Complaint in Divorce are true and correct to the best of my knowledge, infonnation and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C. S. 4904. ~$wL. ~seph L. Faiola Date: 14/91 (o'. -,.:":; JOSBPH L. J'AIOLA, I IN THB COURT OJ' COMMON PLBAS plaintiff I CUHBBRLAlfD COUNTY, PBNNSYLVANIA I VB. I NO. 94-1741 I WBNDY J. J'AIOLA, I Defendant I CIVIL ACTION - DIVORCB AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on April 7, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim of alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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. S 4904 relating to unsworn falsification to authorities. DATED: 11/2.Qfq{" /1/20/'15- .- N =- C> = ~ - >-,.. ""-- ... .-. -- :;.., I4J~ ~_ c:,)-'-';:e -:::'1>4.1- ~.,. .~ la..~':.:...:., Cl.....7::- ..<,"..tl,a Oc: J-1e 04JC .;..~ :::l..UIl'W I t .Ur:a.., ..~ ::l ~U ~ a> N ,,,. "";"#'_;:~.r,li - ,:."'-'-- ....-..~.-'.:.." (. J08BPB L. J'AIOLA, . IN TBB COURT OJ' COMMON PLEAS . plaintiff I CUMBBRLAND COUNTY, PBNN8YLVANIA I ve. I NO. !I4-1741 I WBNDY J. J'AIOLA, I Defendant I CIVIL ACTION - DIVORCB AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 3301(c) of the Divorce Code was filed on April 7, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that if a claim of alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. 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. S 4904 relating to unsworn falsification to authorities. DATED: / /.~O'9s ~ - :>.. ""~ ...... .. ...", cJ(.~' :.3.., k:~~;; k.."Q~ '7::;r.-J Q .......- co:l: _~fn ...,J (I:~ "-Wll';.e k. :}:CllU ~..:t.~ ...=> 0<'> iE ... '" C'>,J r- ......, :0.. ~ JOSEPH L. FAIOLA, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND CO., PENNSYLVANIA . . . v. NO. 94 CIVIL 1741 . . WENDY J. FAIOLA, . CIVIL ACTION - LAW . Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, Wendy J. Faiola, in the above-captioned divorce action. Respectfully submitted, M. Wineka, Esquire At rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Defendant Dated: S-/2'1/qL/ ~-: .,'.,i~ " .. CBRTIPICATB OP SBRVICE I, JILL M. WINEKA, ESQUIRE, do hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Jackie J. DeArmond, Esquire 3344 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff, Joseph L. Faiola ;..... ~:'::.;t Dated: sp.s/1'1 M. Wineka, squire At rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Defendant t"" ~- -::r' c::n -... ..c.... ~.~ - ::s:: -s a> ... ,', t~ ~:r: z .;,: r~ .~~~ ~'i.-. ~.. ~ ':- - '''-1 - ... = . _. ,>~:~ '-'> .....<..,." ,.~, " this the 30 day of Aoril , 1994. JOSJIl'R L. I'AIOLA, I III THB COURT 01' COIOlOII PLBAS Plaintiff I CUMBBRLAIID COUIITY, PBIIIISYLVAIIIA I v.. I 110. 114-1741 I 1fDIDY J. I'AIOLA, I Defendant I CIVIL ACTIOII - DIVORCB ACCEPTANCE OF SERVICE I, WENDY J. FAIOLA, am the Defendant in the above-captioned matter. I have accepted service of the complaint in Divorce, as of fUMY tiMe&. WENDY J. FfIOLA .." ~ ~. -I:.~ .( ... " _ or ~ ~ ':..l..t" k. r ~2 1.1." "'1 Ol:-(.;.~ t.:a~ ..~':.J- :::c..~~ ,..:,.,;z: .:.:n'w ~. ::r.. tl. .-=> -;><'> if: '71 '" ''J '" ... _C -= JOSEPH L. FAIOLA. Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. No. 94-1741 CIVIL TERM WENDY J, FAIOLA, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdrawal my appearance in the above captioned matter. , ,(~ / DeArmond & DeArmond Keith B. DeArmond. Esquire Sup, Ct. Id. # 58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 Date: 3fifrs ., "J. , 1;;;:; 10 , - O.J. r-.> TO THE PROTHONOTARY: Kindly enter my appearance in the above captioned malter. Date: 31Js5"' Jo ph L. Faiola, Pro se 4610 Jonestown Road Apt. # 9 Harrisburg, PA 17109 (717) 652-6871 ~';::;~.<.;.;;.,.".-"",~;.,.~ &on en - - ..c'" .., .. ~, r :; :~~~' ~ t..., ~. .' .. r ~.- .... , ~. 'f;":", ::c ~." 3 N CO .' <<:::l ....... "" " :0:: , ~ , . .. " ~t:. ,. $ - :e:: 0- r- :3 ..." a l0 \' I,,"":' ""'" "- ~-- ~- .. .. -..::J :r... ~ ....... ...r::>- f. ,.~ U.,..O,", .,l FJ -c&.:J" v ~~~p~ ' ot:-;r.~ 'n . "< ..' Il,.'\ ~. \. r:~.__.~ .,::In" "~JC. ~ '" WC-'-;I. ~ " :.: Uit:~l~ "C,~ ;:.." \,...- ._~.......... IV) ro i; -- - ~ <:::J "<I> ~ LQ tn< <.... ~z ~< E-< l><:> Z ~ ~ H Z>< Q< Otn .... Z~ ~~ .... ~ <l>< t: ~ 'M C :I: O~ ~ ~ 1\I 0:0 Ul><....< ' C 'C ~U ~ ~ 2 ~ ....~ <'M . C ~ ~~i f ~ '.... ~1\I j~ tnO o .....c I Oo-i ZE-< 15 _' 0 Hl>< OQl < . . II E-<U~Z ~ HQ :I: S ~ I 0: HO ~ tnH 1 ~ i ::>Q:>H~ - < ~ OZHE-<U . E-<~U u<uuo: ~ zuo: ~ <0 I") <0:0 ~o:.... :> :r: . Q~:> ~ :r:~C'\~.... l>< > >< ZE-<H E-<al HQ ~ Q ~ZQ :E .:> tn Z ~::> Z::lOHZ 0 ~ ~oz HUZUH I") QUH . . , . '....c,'':'/,....\...:'fl/;J;'; f' ,.- ...~,t;"t,"~u.~'" . I 1 :i' . i; i 'I JOSEPH L. FAIOLA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 94 CIVIL 1741 v. WENDY J. FAIOLA, Defendant CIVIL ACTION - LAW IN DIVORCE DEPENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes Defendant, Wendy J. Faiola, by and through her attorneys, Purcell Krug & Haller, and files the following Answer and Counterclaim to the Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to enter a Decree in Divorce, dissolving the marriage. COUNTERCLAIM Eauitab1e Distribution 8. Plaintiff and Defendant possess various items of both real and personal property which are subject to equitable distribu- tion by this Court. ,1 In . M. Wineka, Esquire Att rney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 WHBREPORE, Defendant respectfully requests this Honorable Court to equitably distribute the marital property. Respectfully submitted, Attorneys for Defendant Dated: 10/26 19J-- 2 '"',.,. .."......~~ < -, ,,",,,.,.,,... VERIFICATION I, WENDY J. FAIOLA, verify that the statements made in the foregoing Defendant's Answer and Counterclaim to Complaint in Divorce 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. Irkttf tftvrk WENDY . AIOLA Date: (() /3/q,5- ,--',:."'..'. ,. ~. ,-.. ''"' ~e.-, " '. '~"_'N;_'" ,!4.~~';;j..,...~ ,~'.'~:'i,.-c';,-:__c.\~~."~~ ~ CERTIPICATE OP SERVICE I, JILL M. WINEKA, ~SQUIRE, do hereby certify that I served a true and correct copy of the Defendant's Answer and counterclaim to Complaint in Divorce upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: Nora F. Blair, Esquire 5440 Jonestown Road P. O. Box 6216 Harrisburg, PA 17112-0216 Attorney for Plaintiff, Joseph L. Faiola ~ef /n . Ji' M. Wineka, Esquire I At orney ID # 58802 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Defendant Dated: ill.;}, Jqs- ~.';,;. . -. -...:....---.. . '... , " . , . ,. \ f\ -_>!1'r~,;.~.._~ .t.~,~~.._.~.._, _ . 1,';';':l:, ',t';;':O:;'.',;, ,.'~,-:, ""'.. _ ,,""-':'~fi'Jt;'!';i:U,~""~< Ijt;.~it...all111d/of21"__'~, ';;.. . 1.110 wl.h 10 llcalv. tho .,' 1'1 :.CcIrn;Iota h.... 3...., 41 Ii b, ....,.. . . following urvle.. Ifo, an .XlI. ..j', f ,'. ~,PrIn1 your - ..., _., 011 .he ....,.. 011l1lo form II ..... WI con flel: . 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JOSEPH L, FAIOLA, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA VS, : NO. 94-1741 : CIVIL ACTlON.LAW WENDY J.FAIOLA, DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 29 day of April 1994, I, Keith B. DeArmond, Esquire, do hereby certilY that I have served a copy of the Complaint in Divorce on this date by depositing a copy of the same by Certified United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: Wendy Faiola 35 Susquehanna Street Enola, PA 17025 ~; ~ 1;,' ~11' 1'Z ....".. ," f?~' f~f r~: ~ f"" '.",' } , I I I" r t, t" I'.. , t. r: t l'- ~~J1L -/ Keith B. DeArmond, Esquire Attorney for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 . "'"" ~~ .~'e ~ In ,....., -- '..... N ... ~ .. ..:::"" ...... u I,_',;e C;..'."~""~ I~:':~:.A h -:, ~ .." Of: ~~> . .. ._....J 0.,:),' ..0,- ~;t i:.~ l. :/~::~ ..~:t 0.. -'" :::J~"