Loading...
HomeMy WebLinkAbout02-3273PAUL F. PASSARELLA, : IN THE COURT OF COI~ON PLEAS PLAINTIFF : C~ COUNT"~, PENNSYLVANIA SANDRA J. PASSAI~ELLA, : IN DIVORCE DE~'mRDAITT : 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator,s Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 PAUL F. PASSARELLA, : IN THE COURT OF CO~ON pT.m.~S PLAINTIFF : C~ COUNTY, PENNSI~LVANiA S~RA J. PASS~LLA, : IN DIVORCE DEFENDANT : COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF TEE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Paul F. Passarella who resides at 106 Harlech, Williamsburg, Virginia 23188. 2. The Defendant is Sandra J. Passarella who resides at 38 Nathan Drive, Enola, Cumberland County, Pennsylvania 17025. 3. The Defendant has been a bonafide resident of the Coramonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 21, 1983 in Mechanicsburg, Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since on or about April 5, 2000. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. There were where two children born of this marriage, Diana Marie Passarella, DOB 09/26/1984 and Jason Daniel Passarella, DOB 09/25/1986. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised counseling and the Court 10. divorce. of the availability of that Plaintiff may have the right to request that require the parties to participate in counseling. Plaintiff requests the court to enter a decree of Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: / Paul F. B~ssarelia PAUL F. PASSARF?.?.~, : PLAINTIFF : : v. : NO. 0~- ~3 : SANDRA J. PASSAR~T.T.~, : IN DIVORCE DEFENDANT : IN THE COURT OF CO~ON PLEAS C%R~BEBLAND COUNTY, PE~SYLVANIA NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 5, 2000 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the and correct. I understand that subject to the penalties of 18 falsification to authorities. Date: statements made in this affidavit are true false statements herein are made Pa.C.S. 4904 relating to unsworn PAUL F. PASSARELLA, PLAINTIFF Vo SANDRA J. PASSARELLA, DE~'mNDANT IN THE COURT OF C0~ION P?.~.~S ~ COUNTY, PENNSYLVANIA NO. 02-3273 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. captioned action for Notice of Intention Gould, attorney for Plaintiff, in the above divorce, hereby certify that Plaintiff's To Request Entry of Divorce Decree and Defendant's Counter-Affidavit Under Section 3301(d) of the Divorce Code was served upon the Defendant by depositing the same in the United States mail, first class, postage pre-paid on August 5, 2002, to her attorney, John F. King, 600 North Second Street, Harrisburg, Pennsylvania. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 PAUL F. PASSARELLA, PLAINTIFF Vo SANDRA J. PASSARE?.?J%, DE~TDANT IN THE COURT OF CO~N PT.~.~S C~4BERLAND COUNTY, PENNSXLVANIA NO. 02-3273 CIVIL IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: SANDRA J. PASSARELLA: PAUL F. PASSAB~T.T.~ intends to file with the court the attached Praecipe to Transmit Record on or after August 26, 2002 requesting that a final decree in divorce be entered. Thomas D. Gould Attorney for Plaintiff PAUL F. PASSARELLA, PLAINTIFF SANDRA J. PASSARELLA, D~-~'mNDANT IN THE COURT OF CO~40N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3273 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) (1) of the Divorce Code. 2. Date and manner of service of the complaint: U.S. Mail, Restricted Delivery, July 12, 2002. 3. (a) (1) Date of execution of the affidavit required by section 3301(d) of the Divorce Code: July 8, 2002; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on July 10, 2002, served July 12, 2002. 4. Related claims pending: None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: U.S. Mail, August 5, 2002. Thomas D. Gould Attorney for Plaintiff SETTLEMENT AGREEMENT between PAUL F. PASSARELLA and SANDRA J. PASSARELLA John F. King, Esquire Counsel for Sandra J. Passarella Thomas D. Gould, Esquire Counsel for Paul F. Passarella TABLE OF CONTENTS 1. Advice of Counsel 2. Definitions 3. Effective Date of Agreement 4. Effect of Divorce Decree 5. Effect on Divorce 6. Warranty Disclosure 7. Equitable Distribution of Property 8. Custody and Consultation 9. Child Support 10. Warranty as to Existing Obligations 11. Warranty as to Future Obligations 12. Mutual Cooperation 13. Law of Pennsylvania Applicable 14. No Waiver of Default 15. Severability 16. Headings Part of Agreement 17. Counterparts 18. Costs of Enforcement 19. Contract Interpretation 20. Waiver of Liability AGREEMENT This Agreement is made this /~ day of-A~, 2002, by and between SANDRA J. PASSARELLA of Enola, Cumberland County, Pennsylvania (''Wife'') and PAUL F. PASSARELLA of Williamsburg, Virginia (''Husband''). W I TNE S S E TH: WHEREAS, the parties hereto are husband and wife, having been married on October 21, 1983, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Husband and Wife are the parents of the following children, Diana Marie Passarella born on September 26, 1984, and Jason Daniel Passarella born on September 25, 1986 (the ''Children''); WHEREAS, certain unhappy differences, disputes, misunderstandings and difficulties have arisen between the parties and the parties have decided that their marriage is irretrievably broken, that it is their intention to live separate and apart for the rest of their natural lives, that they are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: 1. The settling of all matters between them relating to the ownership of real and personal property including property heretofore or subsequently acquired by either party; 2. The settling of all disputes, rights and/or interests between them arising out of or by reason of their marriage including but not limited to the past, present and future support, alimony, counsel fees, costs or maintenance of Wife by Husband or of Husband by Wife; 3. The settling of all matters between them relating to the past, present and future support and/or maintenance of the Children; 4. The implementation of custody and/or visitation arrangements for the minor children of the parties; and 5. In general, the settling of any and all actual and possible claims by each party against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Advice of Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, John F. King, Esquire of Friedman & King, P.C. for Wife and Thomas D. Gould, Esquire for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advise and with such knowledge, this Agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 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. 2. Definitions. (a) Divorce Code. The phrase ''Divorce Code'' shall be defined as 23 Pa. Cons. Stat. Ann. § 3101. (b) Date of Execution of this Agreement. The phrase ''date of execution'' or ''execution date'' of this Agreement shall be defined as the date of execution 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. (c) Distribution Date. The phrase ''distribution date'' shall be defined as thirty-one days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the thirty-first day falls on a weekend or holiday, the distribution date shall be the next business day. 3. Effective Date of Aqreement. This Agreement will become effective and binding upon both parties upon execution of this Agreement by both of them. 4. Effect of Divorce Decree--Incorporation, No Merqer. The parties agree that unless otherwise specifically provided herein this Agreement shall continue in full force and effect after such time as a final decision in divorce may be entered with respect to the parties. Husband and Wife agree that the terms of this Agreement shall be incorporated but not merged into any divorce decree which may be entered with respect to the parties and therefore Wife and Husband agree and each of the parties does hereby warrant and represent to the other that should either of them obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, that party will take all reasonable steps to have this Agreement incorporated as part of any such decree, judgment or order. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of enforcement of any of the provisions thereof. Nevertheless, it specifically is understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that should either of the parties obtain a decree, judgment or order of separation or divorce in any state, country or jurisdiction, each of the parties agrees that all of the provisions of this Agreement shall not be affected in any way by any such separation or divorce, it being agreed by the parties that this Agreement shall continue in full force and effect after such time as a final decree a divorce may be entered and shall survive and not be merged into any such decree, judgment or order. 5. Effect on Divorce. The execution and delivery of this Agreement is not predicated upon nor made the subject of any agreement for the institution, prosecution, defense or for the non-prosecution or non-defense of any action for divorce. Nothing in this Agreement, however, shall prevent either Wife or Husband from prosecuting any other action for divorce, either absolute or otherwise, on lawful grounds if such grounds presently exist or may exist in the future or from defending any such action with such defenses as are presently or may in the future become available. Husband previously has filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, No. 02- 3273 seeking a divorce decree pursuant to, inter alia, §§ 3301(c) and 3301(d) of the Divorce Code. Wife admits the averments contained in the affidavit filed by Husband on July 10, 2002, pursuant to § 3301(d) of the Divorce Code. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions including executing the appropriate waivers of notice of the master's hearing, right to file exceptions, and right to file appeal) necessary to assure that a divorce pursuant to Section 3301(d) of the Divorce Code is entered as soon as possible, but in any event no later than three (3) months from the date of execution of this Agreement. If, after the execution of this agreement, either party delays or contests the obtaining of a final, unappealed divorce decree, that party shall be fully responsible for all attorneys' fees, costs and/or expenses incurred as a result of such delay in obtaining the decree. 6. Warranty of Disclosure. Husband and Wife represent and warrant that they have disclosed to each other the full extent of their assets, income and liabilities. Each party has had ample opportunity to review the financial condition of the other and each party agrees not to challenge the instant Agreement based on an allegation of lack of sufficient disclosure of assets or income. 7. Equitable Distribution of Property. (a) Premises, Vehicles and Personalty. The parties have previously agreed to and have effected the transfer of all real and personal property, including motor vehicles, except that Husband has certain personalty stored at Wife's premises situate 1075 Valley Street, Enola, Pennsylvania. Husband shall remove or cause to have removed all of his personalty from said premises no later than thirty (30) days from issuance of Divorce Decree. Should Husband not remove or cause to have removed such personalty, Wife may dispose of Husband's personalty, and Husband hereby generally releases Wife from any and all claims arising from the removal and disposal of said personalty. (b) Wife and Husband agree that the foregoing property dispositions constitute an equitable distribution of all of their property, pursuant to Section 401 of the Divorce Code, 23 Pa. Cons. Stat. Ann. § 3401. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. (c) After-Acquired Personal Property. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement, 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. RETIREMENT INTERESTS AND BENEFITS Wife hereby waives any and all right, title and interest to all existing and future retirement assets or benefits of Husband. Husband hereby waives any and all right, title and interest to all existing and future retirement assets or benefits of Wife. 8. Custody. (a) Joint Legal and Physical Custody. It is the intention of the parties, and the parties agree, to share joint legal and physical custody of the Children and that with regard to any emergency decisions which must be made, the parent having physical custody of the Children at the time of the emergency shall be permitted to make any immediate decisions necessitated by the emergency. However, that parent shall inform the other parent of the emergency and consult with him or her regarding the emergency as soon as practicable. (b) Travel. Each parent shall promptly and in a timely manner notify the other concerning travel plans, travel arrangements and any delays which may occur. (c) Access to Records. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and to have copies of any reports given to either party as a parent. These documents include but are not limited to medical reports, report cards, birth certificates, and baptismal certificates. (d) Living Arrangements. It is agreed that the Children will reside with Wife, who will have primary physical custody. Husband shall be given liberal visitation of the Children upon mutual agreement of Husband and Wife, after giving previous notice to Wife of his desire to exercise such visitation. 9. Child Support. Husband shall make payments to Wife on a monthly basis in the amount of Five Hundred ($500.00) Dollars for the support of the Children, which payments will terminate in June, 2005. The support obligation shall be modifiable by way of a filing with the Domestic Relations office of the county in which the Wife and Children reside. 10. Warranty as to Existinq Obliqations. During the course of the marriage, Wife and Husband have incurred certain liabilities and it is hereby agreed, without the necessity of ascertaining for what purpose and for whose use each of the bills was incurred, that of those liabilities that were incurred prior to the date of execution of this Agreement, Wife and Husband each covenants, represents, warrants and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, as of the date of execution of this Agreement, no unpaid liabilities remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; and, if any such debts or obligations should be determined to have existed as of the date of execution of this Agreement, or thereafter, accept as set forth below, the party who incurred that debt shall indemnify and hold the other party harmless for and against any loss or liability and costs or expense, including attorneys' fees, incurred as a result of those liabilities. In the event that Wife or Husband does not pay when due any such bills, obligations or debts, the other party shall have the right but not the obligation to pay such bills, obligations or debts. If one party pays such bills, obligations or debts which the other party is obligated to pay pursuant to this Paragraph, after giving the defaulting party five days' written notice, the party making the payment shall be entitled to receive reimbursement from the other party not only for payments made, but also for any related costs, including counsel fees. 11. Warranty as to Future Obliqations. Wife and Husband each covenants, represents, warrants, and agrees that, except as may be otherwise specifically provided for by the terms of this Agreement, neither of them shall hereafter incur any liability whatsoever for which the other or the estate of the other may be liable, and each now and at all times hereafter shall indemnify and hold harmless the other party from and against any such liabilities, costs or expenses, including attorneys' fees, relating thereto incurred by the other party after the date of execution of this Agreement. 12. Mutual Cooperation. Each party shall, at any time and from time to time hereafter, take any and all steps to execute, acknowledge and deliver to the other party any and all further instruments and/or (within at least fifteen days after demand therefore) documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 13. Law of Pennsylvania Applicable. 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. 14. No Waiver of Default. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 15. 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. Likewise, the failure of any party to meet her or his obligations under any one or more of the Paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 16. Headinqs Part of Aqreement. 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. 17. CounterDarts. This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. 18. Costs of Enforcement. Any party breaching this agreement is liable to the other party for all costs and counsel fees reasonably incurred by the non-breaching party to enforce his or her rights under the Separation Agreement subsequent to the date of the signing of this Agreement. Should either party fail in the due performance of the terms under this Agreement, the other party shall be able at his or her discretion to sue for performance or for damages for a breach of the Agreement. The party who is deemed to have failed in the due performance of the terms hereunder shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or for damages for breach of the Agreement. The terms contained shall be construed to restrict or limit each party's right to exercise this election. 19. Contract Interpretation. For purposes of interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 20. Waiver of Liability. Husband and Wife each knowingly and understandingly waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife each does here by warrant, covenant and agree that, in any possible event, he or she is and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNE~ ........... ~ ~ Thomas D. Gould, Esquire andra J. t~ssare a rella k/p:agr\passarel.agr IN THE COURT Of COMMON PLEAS OF'CUMBERLaND COUNTY STATE Of PAUL F. PASSARELLA, Plaintiff VERSUS SANDRA J. PASSARELLA, Defendant PENNA. NO. 02-3273 CIVIL Decree IN DIVORCE AND NOW,~i~~ DECREED THAT PAUL F. PASSARELLA 2002, IT IS OrDEReD aND , PLAINTIFF, aND SANDRA J. PASSARELLA ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATriMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH a FINAL ORDEr HAS NOT YEt BEEN ENTERED; THE SETTLEMENT AGREEMENT DATED OCTOBER 1, 2002 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE PROTHONOTARY PAUL F. PASSARELLA, PLAINTIFF SANDBA J- PASSARELLA, DEFENDANT IN THE COURT OF COLON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3273 CIVIL TEBM IN DIVORCE AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce and Plaintiff's Affidavit under section 3301(d) was served upon the Defendant by depositing the same in the United States mail, postage pre-paid, restricted delivery, on July 11, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. receipt attached hereto, the Defendant on July 12, 2002. As indicated by the signed postal Complaint was received by the Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 · 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: C. S;gnCure X/(~//~l~.~~r-I Agent [] Addressee D. Is delivery add'ss different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [~'Certified Mail [] Express Mail [] Registered [] Return Receipt for Memhandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [~SYes 2. Article Number (~p.v from service label) 70oo bTo o0oo c[7 9 Ps Form 3811, July 1999 D'c.a~stic ~t~turn Receipt 102595-00-M-0952 70 i i + E.?:.C.'.'~