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ELIZABETH M. CIERVO, . IN THE COURT OF COMMON PLEAS
Plaintiff . . CUMBERLAND COUNTY, PENNSYLVANIA
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VI, . No, 94.3086 - CIVIL TERM
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ALFONSO V. CIERVO, . CIVIL ACTION. LAW
Defendent. . 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 of the complaint: June 17, 1994. by certified
mail upon Diane G. Radcliff, Esquire, past counsel for Defendant.
3. Date of execution of the affidavit of consent required by Section 3301 (c)
of the Divorce Code:
by plaintiff: July 16, 1998,
by defendant: July 16, 1998.
4. Date of execution of the Waiver of Notice in Section 3301 (c) Divorce:
by plaintiff: July 16, 1998,
by defendant: July 16, 1998.
6, Related claims pending: None.
6, Date and manner of service of the notice of Intention to file praecipe to
transmit record, a copy of which is attached, If the decree Is to ba entered under
Section 3301 (d)( 1)(1) of the Divorce Code. N/A
7. Plaintiff and Defendant have signed a Marital Settlement Agreement deted
June 11, 1998,
WHEREFORE, the Court Is requested to enter a Final Decree In Divorce in
compliance with Section 33011c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1)
and to Incorporate the terms of the Marital Settlement Agreament In accordance with
Saction 301(a)(11 and (41 and 401(b) of the DiVO;:~e.j~I/>
/', I "'1 '0' in' ~~~Ub, Esquire
Dated:~~ Attorney for Plaintiff
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I~ " I MARITAL SETTLEMENT AGREEMENT
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THIS AGREEMENT, mado this ---t-\- day of
by and batwaen Alfonso V. Clervo, hereinafter referred to as "Hus
M, Clervo, hereinafter referred to es "Wifo".
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WITNESSETH:
WHEREAS, Husband and Wife wore lawfully married on January 3, 1981;
and
WHEREAS, certain differences arose between the parties as a rosult of
which they separated on May 18, 1994, and now live separate and apart from one
another, and are deslrolls of settling fully and finally tholr 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 past, present
and future f.upport 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 ostates for equltablo distribution of all marital
property; and 0 resolution of all mutual responsibilities and rights growing out of the
marriage relationship; and
NOW THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be kept, the partlas
heretofore, intending to be legally bound and to legally bind their heirs, successors and
assigns thereby, covenant, promise and agree as follows:
1 , SEPARA T/ON:
It shall be lawful for each party at 011 times horeafter to live
separate and aport from the other as such place or places os he or she may from time
to time choose or deem fit.
2, INTERFERENCE:
Each party sholl be free frorn interference, aulhority and contact
by the other, as fully as il he or she were sinole and ullnlllrricd, except as rnllY be
nccessmy to carry oul tho provisions 01 this Agreemcnt. Neither pmty shall hamss the
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Ciervo . Mm-ltal Selllement Agreement
,5/1.5/98 . Draft #17 . Final Draft
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other nor endeavor to molest the other, nor compel the other to cohabit with the other
nor In any way malign the other, nor In any way Interfere with the peaceful existence,
separate and apart from the other In all respects as If he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts Indicated In Paragraph 6 below Wife
represents and warrants to Husband that since May 1 B, 1994, she has not, and In the
future, she will not, contract or Incur any debt or liability for which Husband or his
estate might be responsible and shall Indemnify and save Husband harmless from any
and all claims or demands made against him by reason of debts or obligations Incurred
by her.
4. HUSBAND'S DEBTS:
Othar than tha debts Indicated In Paragraph 6 below, Husband
represents and warrants to Wife that since May 1 B, 1994, he has not, and In the
future ha will not, contract or Incur any debt or liability for which Wife or her estate
might be responsible and shall Indemnify and save Wife harmless from any and all
claims or demands made against her by reason of debts or obligations Incurred by him.
6. OUTSTANDING MAR/TAL DEBTS:
Husband and Wife acknowledge and agree that they have no
outstanding marital debts and obligations of the Husband and Wife Incurred prior to
the signing of this agreement, except as follows:
DESCRIPTION AMOUNT
A. Ciervo's Mortgage $150,000
B, 930 Indiana Avenue MOlIgago $6,800
C. Federal Taxes $12,000
D, Voyager Van Loan 6,000
E, Credit Line 13,400
PERSONtS} NOW
RESPONSIBLE
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Clervo . Ml1litnl Seulement Agreemenl
S/LSI98 . Draft 117 . Flnw Draft
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The parties agree that Husband shall hereafter be responsible for paying
debts A, C, and E above and Wife shall be responsible for paying debts Band 0 above.
Each party agrees to pay the outstanding Joint debts as allocated and
further agrees to Indemnify and save harmless the other from any liability for such
debts or obligations.
In tho event that either party contracted or incurred any debts, other than
those specifically Identiflad herein since May 18, 1994, the party who Incurred the
debt sholl be responsible for its payment regardless of the name in which the account
may have been charged and agrees to indemnify and hold harmless tho other for any
liability for such debts,
6, MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement provides for an equitable distribution of their marital property in accordance
with the Divorce Code of 1980, Subject to the provisions of this agreement, each
party has released and discharged, and by this Agreement does for himself or herself,
and his or her heirs, legal representatives, executors, administrators and assigns,
release and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except
in any or all causes of action for broach of any provisions of this Agreement. Each
party also waives his or her right to request marital counseling pursuant to 23
Pa.C,S,A, Section 3302.
7, EQUITABLE DISTRIBUTION:
A. By deed doted August 30, 1996, Husband transferred to
Wife 011 of his interest in and title to their jolntly,owned real estate at 930 Indiana
Avonue, LOllluyne, Cumberland County, Pennsylvania subject to tho mortgage of
approximately Six Thousand Eight Hundred ($6,800) Dollms given to Harris Savings,
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Ciervo . MltIital Senlemenl Agreement
.SI1~/98 . Draft 117 . Final Draft
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In exchange for which Wife agreed to be solely responsible for the payment of all
future mortgage payments, taxes, Insurances and utility bills relative to said real
estate. Wife agrees to pay and discharge the existing mortgage obligation on said
premises when due and hereby further egrees to Indemnify Husband from eny 1055 by
reeson of any defeult In payment and agrees to save Husband harmless from any
future liability with regard thereto,
(1) Husband egrees that Wife shell become the sole owner
of any and all homaowner's policies, title policies and any other policy of Insurance
with respect to the real estate and shall be entitled to receive any payments now or
hereafter due under such Insurance policies,
(2) Wife shall request the lending Institution to release
Husband regerding the existing first mortgage on 930 Indiana Avenue, Lemoyne,
Cumberland County, Pennsylvania, and until obtained she shall continue to be solely
responsible for the existing mortgage, Insurance, taxes and other charges associated
with the property.
(3) Husband shali satisfy or shall within sixty (601 days
of the execution of this Agreement, make a good faith effort to obtain the relaase of
Wife regarding any lien against 930 Indiana Avenue, Lemoyne, Cumberland County,
Pennsylvania, relating to the Mellon Bank credit Line balance of Thirteen Thousand
Four Hundred Dollars ($13,400) for which payment In full Husband shall be solely
responsible and any other liens resulting from obligations for which Husband Is
responsible,
B, Contents of Wife's Residence:
As of the date of the execution of this Agreernenl, Husband
shall set over, transfer and assign to Wife all of his right, tille, claim and intarest In and
to the furniture, furnishings, fixtures, goods, appliances, equiprnent and personal Items
within tho Wife's residence.
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Ciervo . Matital Settlement Agreement
.5/15/98 . Draft #7 . Final Draft
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C. Contents of Husband', Residence:
As of the date of the execution of this Agreement, Wife
shall set over, transfer, and assign to Husband all of her right, tltla, claIm and Interest
In and to the furniture, furnishings, fixtures, goods, appliances, equipment end
personal Items within Husband's residence.
D. Motor Vehicles:
With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
(1) Husband shall retain the Mercedes Benz.
(2) Wife shall retain the Dodge Voyager Van.
(3) All automobile titles and Insurance policies will be
corrected to reflect the ownership of each vehicle,
E. Individual Retirement Accounts, Pensions And Employment
Benefits:
Each party shall retain sole ownarshlp and control of his or
her 401 k's, IRA's, pensions and retirement and employment benefits as their separate
property.
F, Joint Bank and Charge Accounts:
Any joint bank and charge accounts, credit card accounts
and any other joint accounts shall be terminated and each party shall take those steps
necessary to have the other removed as a responsible party from any such account.
Specifically, Husband shall make a good failh effort to have Wife released from liability
regarding the parties $25,000 Joint Mellon Bank credit line, All bank accounts in the
names of the children shall be maintained and administered for the benoflt of tho
children by the party presontly in control of each account or accounls, now totaling
approximately $6,000 by Husband and $4,000 by Wife.
G, Property to Wife:
The parties agree that Wife shall own, posses, and onjoy froe
from any claims of Husband, the properly awardod to hOf hy tho terllls of IhiG
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Clervo . Mll1ilal Selllemenl Agreemenl
5/15198 . Draft #7 . Final Draft
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Agreement. Husband hereby quitclaims, assigns and conveys to Wife 011 such property
together with any insurance policies covering that property, and any escrow accounts
relating to that property, This Agreement sholl constitute 0 sufficient bill of sole to
evidence the transfer of any and 011 rights In such property from Husband to Wlfa.
H. Property to Husbend:
The parties agree that Husband sholl own, possess, and
enjoy free from any claims of Wife, the property awarded to her by the terms of this
Agreement. Wife hereby quitclaims, assigns and convoys to Husband 011 such proparty
togathar with any Insurance policies covering that property, and any escrow accounts
relating to that property, This Agreement sholl constitute 0 sufficient bill of sole to
evidence the transfer of any and 011 rights In such property from Wife to Husband,
I. BusIness Resl Estate:
Immediately upon execution of this Agreement, Wife agrees
to transfer to Husband 011 of her right, tltie, and interest In the parties businesses
known os My Place and Clervo's Pizzo, Including but not limited to 011 assats, liabilities,
furniture, fixtures, equipment, accounts, receivables and Inventory.
1 . Wife sholl assign and transfer to Husband her interest
In 0 certain lease with Salvatore CareUl relating to
the real estate and building at which My Placa
operates, at 4416 Carlisle Pike, Camp Hili,
Pennsylvania.
2, On August 30, 1996 Wife delivered to Husband 0
deed trensferring to Husband 011 of her right, title and
Interest In 1436 North Socond Slroot, Harrisburg,
Dauphin County, Ponnsylvllnin, undor nlld subjecl to
011 existing 100505. Husband thereby bocame the sole
ownor of tho real ostate, permitted to collect 011
tents, record the dood, and tnke any other action
wllh losJlnct Ihornlo that hn doonlfi oppropriotn,
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Ciervo . Mw1lal Selilement Agreement
. SII S/98 . Draft 117 . Final Draft
3. Husband shall become the sole owner of any and all
liability Insuranco policies, title policies and any other
policy of Insurance with respact to the real estate
located at 1435 North Second Straet, Harrisburg,
Dauphin County, Pennsylvania, and shall be entitled
to receive any payments due under these Insurance
policies after August 30, 1996.
4. Husband has satisfied and obtained Wife's ralease
from the mortgaga on 1435 North Second Street,
Harrisburg, Dauphin County, Pannsylvanla, and Is
now solely responsible for satisfying all Indebtedness
relating to Ciervo's and this property. Husband shall
fully Indemnify and hold Wife harmless from all
claims and liabilities relating to the property, Including
attorneys fees for enforcing this Indamnlty provision.
J. Payments to Wife and Husband:
In consideration of Wife's transfers to Husband of her
Interests In Clervo's and My Place, Husband shall pay Wife the sum of Ninety
Thousand ($90,000) Dollars, over a term of eight and one-half years (8 %), with
interest at six (6%) percent, Interest only of Four Hundred Fifty ($450) Dollars per
month to be paid and commencing on the first of each month until December 31,
2000 when alimony terminates as herein provided, when Husband then shall
commence paying to Wife principal and interest of One Thousand Six Hundred Sixty,
nine ($1,669) Dollms per month and shall continue such payments lor f1lty'four (54)
additional months therealter. To secure the payment of the $90,000 and Interest due
to Wife, Husband sholl executo a note ond subordinated second morlgage In favor of
Wifo on 1435 North Second Streot, Hnrtlshurg, Dauphin County, Pennsylvania.
Should Husband dllfuull in OilY paYllllllI\l; In Wife lor u period in OXCOfi5 of thirty (30)
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Clervo . MaMal SeUlemenl Agreemenl
.5/15/98 . Draft #17 . Final Dmft
days, Wife mey, upon ten (10) days written notice to Husband, resume possession of
Clervo's and may thereafter retain all of the net profits from Its operation and from the
rentellncome generated by 1435 North Second Street, Harrisburg, Dauphin County,
Pennsylvania, Wife sholl relinquish possession of Clervo's and the building located at
1435 North Second Street upon the cure by Husband of the entire default and
reimbursement of her reasonable costs of collection, Including attorneys fees, As
additional payments to Wife, upon signing of this agreement Husband shall
simultaneously sign all documents to release to Wife the existing balance In the
parties' IDS account except for $1,500 which Wlfa will deliver to Husband, Wife
acknowledges receiving previous payments of $13,500 and $4,100 from the IDS
account. Husband acknowledges recalvlng $4,100 from the IDS account.
K. MIscellaneous Property:
All property not specifically addressed heraln shall hereafter
be owned by the party to whom the property Is titled, and If untitled, the party In
possession. This Agreement shall constitute a sufficient bill of sale to evidence the
transfer of any and all rights In such property from each to the other.
L. Non- Taxable Event:
The parties believe and agree that the division of property
heretofore made by this Agreement Is a non-taxable division of property between co-
owners rather than a taxable sale or exchange of such property. Each party promises
not to take any position with respect to the adjusted basis of the property assigned t
him or her with respect to any other issue which is inconsistent with the position set
forth in the preceding sentence on his or her Federal or Slate income tax returns.
8. LIFE INSURANCE:
Each party shall continue to own any life insurance policies
currently in effect, without restriction as to the designation of beneficiaries. Husband
and Wife shall each purchase and maintain term or whole life policies each In the face
amount of One Hundred Thousand ($100,000) Dollars naming a trustee of their own
choice who shall be Ihe beneficiaries of both policies and shull administer the proceeds
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Clervo . Marital Se\i1ement Agreement
.5/15198 . Droft #7 . Final Droft
for the benefit of the children, Both parties shall maintain these policies In effect until
the youngest child attains the ege of eighteen (18) and shall produce annually upon
request of the other proof that such coverage is In effect, however, both parties may
reduce pro rata the amount of decreasing term each maintains as each of their minor
children attains the age of eighteen (18), Husband shall also maintain decreasing term
mortgage life Insurance annually in amounts sufficient In the event of his death to pay
In full the then existing balance due on all encumbrances or liens secured by 1436
North Second Street, Harrisburg, Dauphin County, Pennsylvania,
9, ALIMONY:
Commencing January 1, 1997, Husband shall pay Wife as alimony
the sum of Four Hundred ($400) Dollars per month on the first of each month until
December 31,2000. Alimony shall be non-modifiable but shall terminate upon wife's
death or remarriage. All alimony payments shall be taxable to Wife and deductible by
Husband for federal Income tax purposes,
Wife acknowledges and agrees that the provisions of this
Agreement providing for the waiver of alimony to her by her Husband are fair,
adequate, and satisfactory to her and are based upon her actual need, her Husband's
ability to pay, the duration of the parties' marriage and other relevant factors which
have been taken into consideration by the parties, Although the approval of this
Agreement by a court of competent Jurisdiction in connection with this action In
divorce or annulment filed by Husband or Wife shall be deemed an order of the court
and may be enforced as provided in 12 Pa,C.S.A. Section 3701. as amended, this
Agreement, insofar as it pertains only to support for Wife and the payment of alimony
following the entry of a final Decree in Divorce between the parties, may not be
modified, suspended, terminaled, or reinstated at the instance of request of the Wife
or Husband, or subject to further order of any court upon changed circumstances of
the Wife or Husband of a substantial or continuing natura, or for any reason claimed
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Clervo - Marital Seltlemenl Agreement
.5115/98 - Dmft 117 . Final Draft
by Wife whatsoever, Upon that condition, Wife hereby accepts the provisions of this
Agraement In lieu of and In full end final settlement and satisfaction of all claims and
demands that she may now or hereafter have against Husband or her support and
maintenance of herself and for alimony, and Husband and Wife further voluntarily and
Intelligently waives and relinquishes any right to seek a modification, suspension,
termination, relnstitution, or other court order with respect to the terms of this
Agreement pertaining to the payment of support to Wife or the payment of alimony
by Husband.
Husband acknowledges and agrees that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate
and satisfactory to him and are accepted by him in lieu of and In full and final
settlement and satisfaction of any claims or demands that he may now have or
hereafter have against the Wife for support, maintenance or alimony. Husband further
voluntarily and Intelligently waives and relinquishes any right to seek from the Wife any
payment for support or alimony.
10, CHILD SUPPORT:
By a Stipulation for an Agreed Order of Support, attached hereto
and Incorporated herein as Exhibit A, commencing January 1, 1997, Husband shall pay
to Wife child support of One Thousand One Hundred ($1,100.001 Dollars per month,
plus any tuition payments to Good Shepherd School, which Husband voluntarily elects
to contribute, Husband shall maintain health Insurance for the children and shall pay
fifty (50%) of all uninsured medical, dental, orthodontic and vision expenses. Mother
shall be responsible for all child care expenses end fifty (50%) of all uninsured medica!,
dental, orthodontic and vision expenses, Husband shilll be excused frol11 providing
heillth insurnnce if Wife obtilins it at no cost to her ilS il benefit of employment. If
Wife obtains partial coverage as a benefit, she and Husband shall share equally the
remaining Insurance costs, unless either child Is attending Trinity High School and
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Clervo . Mathai Sclllemenl Agreemenl
. 5/15198. Dmft 117. Final Draft
Husband Is paying loss thon 60% of Iho lultlon, In which coso ho sholl pay 100% of
any hoollh Insuronco costs which musl bo pold for tho chlldron. Child support may be
modlfloblo porlodicolly and sholllorrnlnolo os provided by low whon ooch child attains
moJorlly or complolos high school. Nolhlng horoin sholl procludo ollhor party from
seeking 0 modification of Ihe nl110unl of supporl or 0 chango In Iho other obligations
sol forlh In Ihls porogroph by Iho filing of 0 cOl11plolnl or potltlon wllh tho appropriate
offlco of domostlc rolotlons in occordonco wllh oppllcoblo low,
11, HEAL TH INSURANCE FOR WIFE:
Husband ogroes 10 continue 10 provide and pay for Wife's medical
and hospllollzatlon covero[)e until onlry of 0 flnol decroo in divorce, Any payments
for heollh Insurenco will nol be considered alimony and oro not Included with the
Income of Iho Wlfo wllhln Iho meaning and Inlonl of Soctlon 71 of the Unlled States
Inlornol Rovonuo co do of 1954 and nol doductlblo from Husbond's gross Income
pursuonl to Iho provisions of Soctlon 215 01 Iho Unllod Slates Internal Rovenue code
of 1954,
12, ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES:
Husbnnd IInd Wife neknowledgo nnd ogree Ihol Iho provisions of
lhls Agreomont providing for Ihe eqllilnhlll dllltribution ef merllol property of Iho portles
oro folr, odoquolo and sotlsfoclory to Ihol11. Bolh portlos ogroo to occopt tho
provisions sol ferth In Ihls Agreement in Lieu of ond In full ond final settlement and
satisfaction of 011 clolms ond del11ends thnt either moy now or hero after hove against
the olher for olil11ony pendonlo lito, COlH1601 foes or oxponsos or any olhor provision
for Ihelr support nnd molntononco boforn, during IInd IIftor Iho cOl11mencement of the
procoodinll6 1m divorCll or nnnlllrllllnl hl!twlll!nlho portieR,
13. INCOME TAX RETURNS AND TAX LIABILITIES:
Tho porties IIcknowledge Ihel Ihey oro Jointly Ileble for federal
loxes In Iho Ol11ounl of Twolvo Thousond Dollors ($12,000.00) for yeBls prior to 1997
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Ciervo . MaHlal Selllement Agreement
, SIIS/98 . Draft #7 . Final Draft
and both represent that they are aware of no other tax liabilities, In consideration of
Wife reducing her compensation for Clervo's from $100,000 to $90,000, Husband
shall be responsible for all of the $12,000.00 pre-1997 unpaid tax liabilities associated
with their prior joint business activities, Specifically regarding any state, federal and
local tax liabilities relating to their businesses, both parties represent that all other
employment, Social Security, unemployment, mercantile privilege and other tax
liabilities of Clervo's and My Place have been paid In full previously or will be paid by
him. The parties have heretofore filed joint federal and state tax returns. Both parties
agrea that In the event any deficiency In federal, state or local Income tax Is made
against Clervo's or My Place or either of them for years prior to 1997, such tax,
Interest, penalty or expense shall be paid equally by the parties. Husband shall pay ell
such taxes and shall be reimbursed 60% by Wife as a credit against the principal
balance then owed by Husband to Wife on the $90,000,00 due to Wife as equitable
distribution as herein described. The parties shared equally the cost of preparing their
tex returns and flied Jointly In 1996 and 1996. Any tax refunds for 1996 and 1996
shall be shared equally. The parties shall file separately In 1997 and thereafter, If the
post 1997 activities, representations or failures to disclose by either party result In the
imposition of joint taxes, interest or penalties, the party who caused the liability to be
assarted or Incurred shall Indemnify and hold harmless the other from any such tax
deficiency, liability or cost of defense,
14. WAIVERS OF CLAIMS AGAINST ESTATES:
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 may now have or hereafter acquire. under the present or future laws
of any jurisdiction, 10 share in tho property or the estate of the other os a rDsult of lho
marital relationship, Including without limitation, dower, curtsey, statutory allowance,
widow's allowance, right to take Intestacy, right to take against the will of the other,
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Clcrvo . Mal-lllll Sc\t1cmcnt Allrecmcllt
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and right to act as administrator or oxecutor of the other's estate. Each will, at the
request of tho other, exocuto, acknowledge and dellvor any and alllnstrumonts which
may be necessary or advisable to cerry Into effect this mutual waiver and
relinquishment of 011 such Interosts, rights and claims and both parties will revoke prior
wills or testamentary documents.
16. AGREEMENT NOT PREDICA TED ON DIVORCE:
It Is specifically understood and agread by and between the parties
hereto and each of the Bold parties does hereby warrant and represent to tho other,
that the execution and delivery of this Agreement Is not predicated upon nor mode
subject to any agreement for Institution, prosecution, defense, or for the non-
prosecution or non.defense of ony action for divorce; provided, however, that nothing
contained In this Agreement sholl prevent or preclude either of the parties hereto from
commencing, Instituting or prosecuting an action or actions for divorce, either absolute
or otherwise, upon just, legal and proper grounds; nor to prevent either party from
defending any such action which has baen, mayor shall be Instituted by the other
porty, or lrollll11l1klng any Just or proper dofense thereto. It Is warranted, covenented
and reprosontod by Husband and Wifo, ooch to tho other, that this Agreement Is lawful
end enforceable and this warranty, covenant and representation Is made for the
speclflo purpose of Inducing Husband and Wife to execute this Agreement. Husband
and Wlfo each knowingly and understandingly hereby wolves any and all possible
01011110 that this ogroomont io, for any roason Illegal or for any reason whatsoever,
unonforcoohlll In wholo or In port. Husband end Wife each do hereby warrant,
Govonont ond 0111011 thot. In any posslblo event, he and she are and shall forever be
lIutupJllld frUI11 IItwllItlng ony Illogolity or unonforceablllty as to all or any part of this
Agrooment.
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Ciervo . Maiital Seltlement Agreement
. . 5/15/98 . Draft 1/7 . Final Dmtl
16. SUBSE~UENT DIVORCE:
Wi fa at her cost by her counsel has flied an action for divorco under
~3301(cl of the Divorce Code.
Simultaneously with the execution of this Agreement, the parties
agree that they shall both execute Affidavits of Consent and Waivers of Notice
attached hereto and Counsel for Wife shall proceed promptly to flnellze a ~3301 (c) no-
fault divorce by mutuel consent.
The parties further agree that each of them shall be responsible for
their own attorney's fees. In the event thet such divorce action Is concluded, the
parties sholl be bound by the terms of this Agreement which shall be Incorporated by
reference Into the Divorce Decree, shall not be merged In such Decreo, and shall not
bo modified, but shall in all respects survive the same and be further binding and
conclusive upon the parties.
17. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other
party shell have the right et his or her election, to sue for damages for such breach,
or seek such other remedies or relief as may be responsible for payment of legal fees
ond costs Incurred by the other in enforcing his or her rights under this Agreement.
Reasonablo Interest shall be assessed from the date of breach.
A. This Agreement may be specifically enforced by either
Husband or Wife in Equity, and the parties hereto agree thet If an action to enforce this
Agreement Is brought In Equity by either party, the other perty will meke no objoction
on the alleged ground of lack of jurisdiction of said Court on the ground that there Is
an adequate remedy at law. The parties do not Intend or purport hereby to improperlY
confer jurisdiction on a Court In Equity by this Agreement, but they agree as provided
herein for the forum of equity in mutual recognition of tho present state of the law,
tlILC. (initiul)
14
6-4C- {initial}
Clcrvo - Mntital Sc\tlement Agreement
. 5/15/98 - Draft #17 . Final Draft
and In recognition of the general Jurisdiction of Courts In Equity over agreament such
as this ono.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceed with an action at law for redress of his or her rights under
the terms of this Agreement, and in such event it is specifically understood and agreed
that for and In specific consideration of the other provisions and covenents of this
Agreement, each shall wolve any right to a jury trial so as to expodite the hearing and
disposition of such case end so as to avoid undue delay.
C. Each party further hareby agrees to pay and to save ond hold
harmless the other party from any and 011 ettorney's fees and costs of litigation that
either may sustain, or Incur or become liable for, In any way whatsoever, or shal1 pay
upon, or In terms or provisions of this Agreement by reason of any of the terms or
provisions of this Agreement by reeson of which either party shall be obliged to retain
or engage counsel to Initiate or maintain or defend proceedings against the other at law
or equity or both in any way whatsoever, provided that tho perty who seeks to recover
such attorney's fees, and costs of litigation must first be successful In whole or In
part, before there would be any liability for attorney's fees and costs of litigation. It
Is the specific agreement and Intont or the parties that a breeching or wrongdoing
party shall bear the burden and obllgetlon of any and all costs and expenses and
counsel fees Incurred by himself or herself es well as the other party In endeavoring
to protect and enforce his or her rights under this Agreement.
18. ADDITIONAL INSTRUMENT:
Each of the parties shal1 from time to time, at the request of the
other, executo. acknowledge and dollvor to tho other porty any and all further
Instruments that may be reasonably roquirod to give full force and effect to the
provisions of this Agreement.
lllLL (iniliul)
15
f2ellnlliul)
Clcrvo . Marital Settlcmcnt Agrecmcnt
. . 5/15/98. Dmtl 117 . Flnnl Draft
19. VOLUNTARY EXECUTION:
Tho provisions of this Agreement and thoir legal effect have been
fully explained to tho parties by tholr respactive counsel, and eoch party acknowledges
that the Agreement is fair end equitable, that It Is being entered Into voluntarily, with
full knowledge of the assets of both pertles, and that it Is not the result of any duress
or undue influence. The parties acknowlodge that thoy have been furnished with all
Informetlon reletlng to tho financial affelrs of the othor which has been requested by
eoch of them or by their respective counsel.
20. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties
and there are no representations, warrantios, covenants or undertakings other than
those expressly set forth herein. Husbend and Wife ecknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marriage and other relevent factors which have been taken Into consideration
by the parties. Both perties hereby accept the provisions of this Agreement with
respoct to the division of property in liou of and in full and final settlement and
satlsfection of ell claims and dcmands that thoy may now have or hereefter heve
agelnst the other for equlteble distribution of their property by and any court of
competent Jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 fil...6..ll.Q.. or any other
laws. Husband and Wife each voluntarily and Intclligently welve and relinquish any
right to seek 0 court ordcred dotcrmlnation and distribution of marital property, but
nothing herein contalnod sholl constituto 0 waivcr by oithcr party of any rights to seek
tho relief of any court for tho purposo of cnlolclng tho provisions of this Agreemcnt.
21. DISCLOSURE:
Husband and Wifo ropresont and warrant to the other that he or
sho has mode a full Dnd complete disclosure to tho othor of ell assets of any nature
/htllnitial)
III
(]i-C. (initial)
Ciervo - Marital Se\tlement Agreement
. 5/15/98 - Draft #7 . Flnw Dmft
whatsoever In which either porty has an Interest, the sources ond amount of the
Income of such party of evory type whetsoever and of all other relevont and moterlal
facts relating to the subject matter of this Agreement.
22. MODIFICA TION AND WAIVER:
A modification or walvor of any of the provisions of this Agreement
shall be effective only If modo In writing and exacuted with the same formality as this
Agreement. The fellure of either party to Insist upon strict performence on ony of the
provisions of this Agreement shall not be construed os a welver of ony subsequent
default of the soma or slmller nature.
23. PRIOR AGREEMENT:
It Is understood and agreed that any and all property settlement
ogreements which mayor have bean executed prior to the date and time of this
Agreement are null and void and have no effect.
24. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only.
They have no effect whatsoever In determining the rights or obligations of the portles.
26. INDEPENDENT SEPARA TE COVENANTS:
It is specifically understood and agreed by and between the parties
hereto that each paragraph hereof shell be deemed to be a separate and Independant
covenent end agreement.
26. APPLICABLE LAW:
This Agreement shall be construed under tho laws of the
Commonwealth of Pennsylvenla.
27. VOID CLAUSES:
If ony term. condition, clouse or provision of this Agroement shall
be determined or declared to be void or Invalid In low or otherwiso, then only that
term, condition, clause or provision sholl be stricken from this Agreement and in all
~linitial)
17
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ELIZABETH M. CIERVO,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 3(\()~ (I. ..,,( jet.~,
CIVIL ACTION - LAW
ALFONSO V. CIERVO,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wiah to defend
against the claims set forth in the following pages, you must take
prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may requeet marriago
couneeling. A list of marriage counaelors ie available in the
Office of the Prothonotary, Cumberland County Courthouse, 1
Courthouee Square, 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.
LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL ACTION - LAW
IN DIVORCE
ALFONSO V. CIERVO,
Defendant
AFFIDAVIT
Elizaboth M. Ciervo, being duly sworn according to law,
deposes and saysl
1. I have been advised of the availability of marriage
counseling and underatand that I may request that the Court requiro
that my apouee and I participate in counaeling.
2. I undoratand that the Court maintains a list of
marriago counselors in the Prothonotary's Office, which list is
available to me upon request.
3. Being so advised I I do not request that the Court
require that my spouse and I participate in the counseling prior to
a divorco decree being handed down by the Court.
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.
ffiY1/~1I!7v.Ld{;)-w()
ELI,ABETH M. CIERVO
ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL ACTION - LAW
ALFONSO V. CIERVO,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
1. Plaintiff is Elizabeth M. Ciervo, who currontly
reeidee at 930 Indiana Avenue, Lemoyne, Cumberland County,
Pennsylvania 17043-1406.
2. Defendant is Alfonso V. Ciervo, who currently rosides
at 930 Indiana Avenue, Lemoyne, Cumber land County, Pennsylvania
17043-1406.
3. Plaintiff has been a bona fide resident of the
Commonwealth of Pennsylvania for a period of more than aix (6)
months immediately preceding the filing of this Complaint.
4. The Parties were married on the 3rd day of January,
19B1, at Bainbridge, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or
naval aervice of the United States or its allies within the
proviaions of the Soldiers' and Sailors' Civil Relief Act of the
Congrees of 1940 and its amendmente.
6. There has been no prior action for divorco or
annulment inetituted by either of the parties in this or any other
jurisdiction.
7. The Plaintiff has been advised that counsoling is
available and that Plaintiff may have the right to request that the
Court require the parties to participate in counseling.
COUNT I.
REQUEST FOR A FAULT DIVORCE
UNDER SECTION 3301Ia)lb) OF THE DIVORCE CODE
8. The prior paragraphe of thia Complaint are
incorporated herein by reference thereto.
9. Defendant has offered ouch indignities to Plaintiff,
who is the innocent and injured apouse, aa to render Plaintiff's
condition intolerable and life burdensome.
10. Thia action is not collusive as defined by Section
3309 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests tho Court to
enter a Decree of Divorce pursuant to Section 3301(a)(b) of the
Divorco Code.
COUNT II.
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 33011c\ OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
12. The marriage of the parties is irretrievably broken.
13. After ninety (90) days have elapsed from the date of
the filing of this Complaint, Plaintiff intends to file an
affidavit consenting to a divorce.
Plaintiff be1ievea that
Defendant may aleo file euch an affidavit.
WHEREFORE, if both Parties file affidavita consenting to
a divorce after ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff respectfully requests tho Court
to entor a Decree of Divorce pursuant to Section 33011c) of the
Divorco Code.
COUNT II I .
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 3301td) OF TilE DIVORCE CODE
14. The prior paragraphs of thia complaint are
incorporated herein by reference thereto.
15. The marriage of the Parties is irretrievably broken.
16. The parties are living separate and apart and at the
appropriate time, Plaintiff will submit an affidavit alleging that
the Parties have lived separate and apart for at least two years as
specified in Section 3301(d) of the Divorce Code.
COUNT IV.
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTIONS 3323, 3501, 3502 and 3503
OF THE DIVORCE CODE
17. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
18. Plaintiff requests the Court to equitably divide,
distribute or assign the martial property between the parties
without regard to marital misconduct in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests tho Court to
enter an ordor of equitable distribution of marital proporty
pursuant to Soctions 3323, 3501, 3502 and 3503 of the Divorce Code.
COUNT V.
REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY
DESIGNATIONS OF EXISTING POLICIES INSURING
LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 35021d) OF
THE DIVORCE CODE
19. The prior paragraphs of this Compla1.nt are
incorporated herein by reference thereto.
20. During the course of the marriage, Defendant has
maintained certain health, life and death insurance policies for
tho bonefit of Plaintiff and Defendant.
21. Pursuant to Section 3502 (d), Plaintiff requests
Defendant be directed to continue maintenance of said policies.
WHEREFORE, Plaintiff respectfully requests that, pursuant
to Section 3502(d) of the Divorce Code, the Court entor an order
directing Defendant to continue to maintain certain life and health
insurance policies for the benefit of Plaintiff and Defendant.
COUNT VI.
REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
PENDENTE LITE AND ALIMONY UNDER
SECTIONS 3701, 3702 and 3704 OF THE DIVORCE CODE
22. The prior paragraphe of this Complaint are
incorporated herein by reference thereto.
23. Plaintiff is unable to sustain himself during the
course of litigation,
24. Plaintiff lacks sufficiont proporty to provide for her
reasonable needa and is unable to sustain herself through
appropriate employment.
25. Plaintiff request a the Court to enter an award of
epousal support and/or alimony pendente lite until final hearing
and theroupon to enter an order of alimony in her favor purauant to
Sections 3704 of tho Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to
enter an award of spousal support and/or alimony pendento lite
until final hearing and thereupon to enter an order of alimony in
her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce
code.
COUNT VII.
REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES
UNDER SECTION 3702 OF THE DIVORCE CODE
26. The prior paragraph6 of thi6 complaint are
incorporated herein by reference thereto.
27. Plaintiff has employed Edward J. Weintraub, Eequire,
to repreaent her in this matrimonial cause.
28. Plaintiff i6 unable to pay his counsel fee6, C06t6
and expen6e6 and Defendant is more than able to pay thorn.
29. Defendant is employed and haa the ability to pay
Plaintiff'6 counsel fees, coat6 and expenaee.
30, Reserving the right to apply to the Court for
temporary counsel fees, costs and expenses prior to final hearing,
Plaintiff reque6ta that, after final hearing, the Court order
, .
35. There are no other proceedinga pending involving
custody of the children in this or any other atate.
36. Plaintiff knows of no person not a party to these
proceedings who has physical custody of the children or who claims
to have custody, partial custody or visitation rights with respect
to the children.
37. The best interests of the children will be served if
primary physical cuatody of them is confirmed in Plaintiff, with
the parties sharing legal custody.
WHEREFORE, Plaintiff respectfully requests that, pureuant
to 55 31041a)12) and 3323(b) of the Divorce Code, the Court enter
an Order confirming primary physical custody of the childron in
Plaintiff, with the parties sharing legal custody.
COUNT IX.
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
UNDER SECTION 3104
OF 'l'IlE D] VORCE CODE
36. The prior paragraphs of this Complaint are
incorporated herein by reference thereto.
39. The public policy of the Commonwealth of Pennsylvania
encourages partiea to a marital dispute to negotiato a sottlement
of their differences.
. .
40. While no settlement has been reached as of the date
of the filing of this Complaint, Plaintiff is and has always been
willing to negotiate a fair and reasonable settlemont of all
matters with Defendant.
41. To the extent that a written settlement agreement
might be entered into between the parties prior to the time of
hearing on thie Complaint, Plaintiff desires that ouch written
agreement be approved by the Court and incorporated in any divorce
decree which may be entered dissolving the marriage between the
partiea.
WHEREFORE, if a written settlement agreement is reached
betwoen the Parties prior to the time of hearing on this Complaint,
Plaintiff respectfully requests that, pursuant to Section 3104
of the Divorce code, the Court approve and incorporate such
agreement in the final divorce decree.
Respectfully submittedl
B" ~~
EDWARD J. WEINTRAUB, ESQUIRE
130 Walnut Street
Harrisburg, PA 17110
(717) 238-2200
ID 117441
Datel
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ATTORNEY FOR PLAINTIFF
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ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
.
vs.
I NO. 96-3086 CIVIL TERM
I CIVIL ACTION - LAW
ALFONSO V. CIERVO,
Defendant
.
.
I IN DIVORCE
ACCEPTANCE OF SERVICE
I, Diano G. Radcliff, Esquire, do certify that I accept
service of the Complaint In Divorce, petition For Exclusive
possession Of Marital Residence and Petition To Prevent Dissipation
Of Marital Assets, filed on June 8, 1994, on behalf of my cliont
Alfonso V. Ciervo, in the above-captioned matter.
,"
Datel
CtJ/7-U/ q"f
I (
I
ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.
CIVIL ACTION - LAW
IN DIVORCE
ALFONSO V. CIERVO,
Defendant
PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS
Petitioner, Elizabeth M. Ciervo, files this Petition for
Injunctivo Relief, and in aupport thereof, avors as followal
1. Petitioner is the Plaintiff in the above-captioned
divorce action.
2. Respondent is the Defendant in the above-captioned
divorce action.
3. Wife filed a Complaint In Divorco on Ju It-( 8,
1994, requesting economic relief, including a requeet for equitable
distribution.
4. Wife has learned that Hueband, without her consent,
removed approximately Thirteen Thousand 1$13,000.00) Dollara from
the parties' joint account and approximately Ten Thousand
1$10,000.00) Dollars from their safe.
5. Without Wife's consent, Hueband advertiaed for sale
their jointly owned businese property.
6. Huaband has in the past utilized marital funds to
purchase aesete and make expenditures in Uruguay, South America.
7. Based upon Husband's statements to her and others,
Wife believes Husband will either remove these funds from the
Commonwealth of Pennsylvania, apend theae funds or secret them in
order to defeat her claim to an equitable distribution of their
marital property.
B. Wife further believes that Husband will dissipate,
alienate or encumber other marital property of the parties.
4. On ,:),,\( A '1'( 4
, Pleintiff/Potitioner, Elizabeth
M. ciorvo, filod a Complaint In Divorce againat Alfonao V. ciervo,
Defendant/Respondent, in Cumberland County, Pennsylvania.
5. Section 3502 Ie) of the Divorce code states that
"[ t] hat Court may award during the pendency of the action or
otherwise to one or both of the parties the right to reside in the
marital reaidence."
6. Section 35021f) of the Divorce Code states that "[i]n
all matrimonial causes, the Court shall have full equity power and
jurisdiction and may issue injunctions or other ordera which are
necesaary to protect the interesta of the parties or to effectuate
the purposes of this part, and may grant such other relief or
remedy as equity and justice require againat either party or
againat any third person over whom the Court has jurisdiction and
who is involved in or connected with the disposition of the cause."
7. Unless Petitioner/Plaintiff is permitted interim
excluaive posaession of the marital home, Plaintiff/Petitioner's
mental and emotional health and welfare will be compromised.
B. Defendant/Reapondent has engaged in a course of
wrongful conduct which reaulted in making the conditions under
which Plaintiff/Petitioner ia living both intolerable and
unconscionable. Illustrations of such conduct are as follows I
(0) During the parties I marriage, inflicting
indignitiea upon Plaintiff/Petitioner thereby
subjecting her to an atmoaphere of tension,
stress and conflict.
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ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-3086 CIVIL 'fIlUM
CIVIL ACTION - LAW
VS.
ALFONSO V, CIERVO,
Defondant
IN DIVORCE
CERTIFICATE OF SERVICE
In accordance with PA.R.C.P. 402 and 412, I, Edward J.
Wei~raub, Esquire, do hereby certify that on the 1~/1 day of
'tj-C-voJ.. , 1994, I aerved a true and correct copy of the
within Petition For Excluaive poseession of Marital Residence upon
the Counsel for Defendant/Respondent by depositing same in tho
United States Mail, Harrisburg, Pennsylvania, Certified Mail/Return
Receipt Requested, addreaaed as followsl
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
/
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Edward J. Weintraub, Eaquire
130 Walnut Street
Harriaburg, PA 17101
(717) 238-2200
Counsel for Plaintiff
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ELIZABETH M. CIERVO,
Plaintiff
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
I
I NO. 94-3006 CIVIL TERM
I CIVIL ACTION - LAW
I
I IN DIVORCE
ALFONSO V. CIERVO,
Defendant
CERTIFICATE OF SERVICE
I, Edward J. Weintraub, Esquire, Couneel for Plaintiff
Elizaboth M. Ciervo, do hereby certify that on the )7~< day of
()~ 1994, I served a true and correct copy of the Pot it ion
~t Dissipation Of Marital Assets; upon Counsel for
Defendant, be depositing same in the United States Mail, certifiod
mail/return recoipt requeated, addressed as followal
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
/
EDWARD. WEINTRAUB, ESQUIRE
130 Walnut Street
Harrisburg, PA 17101
(717) 238-2200
COUNSEL FOR PLAINTIFF
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i717J 2.11,2101
ELIZABETH M. CIERVO,
Plelntlff .
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
.
VI.
· No. 94.3086 CIVIL TERM
.
ALFONSO V. CIERVO,
Defendlnt.
· CIVIL ACTION n LAW
· IN DIVORCE
PRETRIAL STATEMENT OF PLAINTIFF
ELIZABETH M. CIERVO
1. List of Marital Assets:
See Defendant's Inventory and Appraisement attached.
2. Expert Witnesses:
A. Appraiser of Businesses lMy Place and Clervo'sl: Bruce J. Brown,
CPA, P.O. Box 67865, Harrisburg, PA 17106.786G (7171761-7171
B. Appraisal of Marital Residence - Terry Freeman, Freeman Real
Estate, 4076 Market Street, Camp HIli, PA 17011 (7171 763-7712
C. Appraisal of Business Real Estate - Joseph McGraw, Inc., Real
Estate Appraisal, 302 Market Street, Lemoyne, PA 17043 (7171 737-0415
D. Appraiser of Business Equipment. to ba named
3. Other Witnesses:
Manager Ciervo's
Employees of My Place
Salvatore Carett!
Alfonso and Teresa Clervo (Defendant's parentsl
4. Exhibits of Plaintiff:
A. Appraisals of Businesses
B. Appralsel of Marital Residence
C. Appreisal of Business Real Estate
D. Appraisal of Business Equipment
E. Tax Returns
F. My Place Lease
G. Deed and Closing Documents on Uruguay Property
H. Business Records and Books of Account for Clervo's and My Place
I. Bank Statements
J. IDS Account Statements
K. Rent Roll and Profit and Loss Statements for Second Street
Apartment Units
L. Mellon Bank Credit Line Statements
M. Charge Account Statements
N. Husband's Checking Account Statements
O. Husband's Credit Card Records
P. IRA Statement (WI
a. IRA Statement (HI
R. Correspondence with T. Paz
6. Plaintiff's Income:
See Plaintiff's Income and Expense Statement attached.
6. Plaintiff's Exoenses:
See Plaintiff's Income and Expense Statement attached
7. Retlroment Beneflt~
Except for the IRA accounts of the parties, thera are no retlremant assets.
8. Counsel Fees:
Plaintiff proposes that Husband be rusponsible for her roasonable counsel
fees and appraisal and business valuation costs.
9. Personal Property:
The parties hava divided the personal property end each will rotaln the
Items now In their possession.
10. Marital Debts as of the parties date of separation:
See Plaintiff's Inventory and Appraisement statement attached.
11. Proposed Resolution of Economic Issues:
Plaintiff should retain the marital residence and be paid additionelly
$160,000 by Husband, plus indefinite alimony of $1,000 per month. Alternatively,
Plaintiff seeks distribution to her of the mertlal residence, the Second Street roal estate
and Clervo's, plus alimony of $600 per month.
Respectfully submitted:
gz)td-/
Edward J. Weintraub, Esquire
2660 North Third Street
Herrisburg, PA 17110
(717) 238-2200
ID #17441
ATTORNEY FOR DEFENDANT
ASSETS OF PARTIES
Plaintiff marks on the list below those Items applicable to the case at
bar and Itomlzes the assets on the following pages. If an Item has been eppralsod, a
copy of the appraisal report Is attached.
(X) 1. Real property
IX) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 4. Certificates of deposit
(X) 6. Checking accounts, cash
(X) 6. Savings accounts, money markot and sevings certificates
( ) 7. Contents of safe deposit boxes
( ) B. Trusts
IX) 9. Life Insurance policies (Indicate face value, cash surrender value
and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( I 12. Inheritances
( I 13. Petents, copyrights, Inventions, royalties
( ) 14. Personal property outside the home
(Xl 16. Businesses (list all owners, Including percentage of ownorship,
and officer/dlrector positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, workman' s
compensation clalmleward
( I 17. Profit sharing pi ens
( I 18. Pension plans (indicate employee contribution and data plan
vests)
(X) 19. Rotlrement plans, Individual Retlremont Accounts
( I 20. Disability payments
( I 21. Litigation claims Imatured and unmaturedl
( I 22. MlIltary/V.A. benefits
( I 23. Education benefits
( I 24. Dobts due, Including loans, mortgeges held
(Xl 25. Household furnishings and personalty (include as a total
category and attach itemized list if distribution of such assets Is
In dispute
( I 26. Other
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LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the coso
at bar and Itemizes the liabilities on the following pages.
Secured
(Xl 1. Mortgeges
( I 2. Judgments
( I 3. Liens
(X) 4. Other secured liabilities
Unsecured
( ) 6. Credit card balances
( I 6. Purchases
(XI 7. Loan paymonts
( I B. Notes payable
( ) 9. Other unsecured liabilities
Contingent or Deferl:ed.
( ) 10. Contracts or Agreements
I I 11. Promissory notes
( I 12. Lawsuits
( ) 13. Options
(X) 14. Taxes
( ) 16. Other contingent or deforred liabilities
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Weekly Monthly Yoarly
(Fill in Appropriate Column)
Personal
Clothing $ $ 133.00 $
Food 400.00
Barber/hairdresser 16.00
Credit payments
Credit card 600.00
Charge account
Memberships 41.00
Loans
Credit Union $ $ $
Miscellaneous
Household help
$
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Papers/books/magazlnes
16.00
Entertainment
100.00
Pay TV
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Vacation
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Gifts
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"JAN 0 8 1998
I' \\\'INIM)WI\WrWIN6l:f,rl.EAIlINltcll:R \'0 N:r
1121II
6. In attemptillg to vigorously and competently represent Respondent, the
Petitioller has been increasingly hampered by the Respondent's refusal to accept the
Petitioner's professional advice alld by the Respolldent's ullwillingness to cooperate with
his counsel.
7. Despite repeated efforts to do so, Petitioner has been unable to
meaningfully and effectively communicate with Respondent or to succeed in persuading
him to view these matters in a more reasonable fashion in accordance with the laws of
this Commonwealth.
8. Iletitioner has at all times attempted to represent Respondent effectively and
vigorously to the best of her ability, but it has become impossible for Petitioner to do so.
9. Petitioner asks to withdraw her appearance for Alfonso V. Ciervo because,
il/ler alia:
a. There appears to be a serious failure to communicate between
Respondent and Petitioner such that Respondent insists upon pursuing an objective that
Petitioner considers imprudent;
b. Respondent has failed to timely pay Petitioller's fees and costs os
billed in IIccordance with their fee agreement;
c. Respondent hilS deliberately disregarded his agreement with
Petitioner as to fees IInd costs 1I11t! withdruwal is allowed pursuant to Rule 1.16(b)(4) of
the Rules of Professional Conduct; lind,
ELIZABETH M. CIERVO,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT PENNSYLVANIA
v.
NO. 94-3086 CIVIL TERM
ALFONSO V. CIERVO,
Defendant
CIVIL ACTION. LAW
IN DIVORCE
ANSWER AND NEW MATTER IN OPPOSITION
TO THE WITHDRAW OF APPEARANCE
AND NOW, this ..1.t.~'day of . \, "l/ ( I " , , 1998, comes the
~ I
Plaintiff, Elizabeth M. Clervo, by and through her attorn'ey, Edward J. Weintraub,
Esquire, and flies the within Answer In Opposition to Petition to Withdraw and In
support thereof avers as follows:
1-4. Admitted.
5. Denied. It is denied that there will be prolonged litigation In this
matter. To the contrary, the parties have reached a settlement and need only to
document It by revision their prior Marital Settlement Agreement.
6. Plaintiff Is without sufficient information to form a belief as to
the truth of this averment.
7. Plaintiff Is without sufficient Information to form a belief as to
the truth of this averment.
8. Plaintiff is without sufficient Information to form a belief as to
the truth of this averment.
9. Pleintlff Is without sufficient Informetion to form a belief as to
the truth of this averment.
10. Plaintiff Is without sufficient Information to form a belief as to
the truth of this averment.
11 . Plaintiff Is without sufficient Information to form a belief as to
the truth of this averment.
12.
thereto.
13.
to Plaintiff.
14.
Esquire.
NEW MATTER
Paragraphs 1 through 11 are Incorporated herein by referenced
Permitting Petitioner to withdraw will cause extreme prejudice
Defendant wes previously represented by Diane G. Radcliff,
15. When it appeared to Plaintiff that the parties had reached B
tentetlve settlement agreement, Defendent dismissed Attorney Radcliff and retained
his present counsel, Maria P. Cognetti, Esquire.
16. As recently as January 5, 199B, Husband represented to Wife
that they now have again reached a comprehensive economic settlement and need
only to conclude a written Marital Settlement Agreement.
17. Marla P. Cognettl, Esquire Is fully informed as to every aspect of
this matter, having participated In the drafting of three (3) previous proposed
Marital Settlement Agreements In October, 1995, February, 1996 and the third and
pending draft of September, 1996.
1 B. Correspondence between counsel for Husband and Wife
throughout 1997 further refined draft #3 of the proposed Marital Settlement
Agreement, which has now been finalized In accordance with the aforementioned
negotiations between counsel and the conversations between the parties on or
about January 5, 1998.
19. On January 2B, 1998 execution copies of the proposed Marital
Settlement Agreement, Affidavits of Consent and Waivers of Notice were
forwarded by certified mall to husband and to Marla P. Cognettl, Esquire (copies of
said documents are attached hereto and marked as Exhibit "A").
20. Husband may desire the services of an attornoy to review the
final documents and to assist counsel for Husband in finalizing the divorce In this
matter.
Ciervo . Marital Settlement Agreement
t 126/98 . Draft #14
MARITAL SETTLEMENT AGREEMENT
Q\L "
~~".,J
/lfJ"
THIS AGREEMENT, made this day of , 1996,
by and between Alfonso V. Clervo, herelnefter referred to es "Husband", and Elizabeth
M. Clervo, hereinafter referred to as "Wife",
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on January 3, 1981;
and
WHEREAS, certain differences arose between the parties as a result of
which they separated on May 1 B, 1994, and now live separate and apart from one
another, and 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 past, present
and future support andlor 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 for equitable distribution of all marital
property; end e resolution of all mutual responsibilities and rights growing out of the
marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband, by his attorney, Marla P. Cognettl, Esquire, and Wife by
her attorney, Edward J. Weintraub, Esquire, have come to tho following agreement.
NOW THEREFORE, in consideration of tho above recitals and the
following covenants and promises mutually made and mutually to be kept, the parties
heretofore, Intending to be legally bound and to legally bind their heirs, successors and
assigns thereby, covenant, promise and agree es follows:
1. SEPARA TION:
It shall be lawful for each party at 011 tlmos horeafter to live
soparato and apart from tho othor os such place or placos as ho or sho may from time
to tlmo chooso or doom fit.
____(Initinl)
____ (initinl)
Ciervo - Marital Settlement Agreement
1/26/98 - Draft #14
2. INTERFERENCE:
Each party shall be free from Interference, authority and contact
by the other, as fully as If he or she were single and unmarried, except as may be
necessary to carry out the provisions of this Agreement. Neither party shall harass the
other nor endeavor to molest the other, nor compel the other to cohabit with the other
nor In any way malign the other, nor In any way Interfere with the peaceful existence,
separate and apart from the othor in all respects as if he or she were single and
unmarried.
3. WIFE'S DEBTS:
Other than the debts indicated In Paragraph 5 below Wife
represents and warrants to Husband that since May 18, 1994, she has not, and In the
future, she will not, contract or Incur any debt or liability for which Husband or his
estate might be responsible and shall indomnify and save Husband harmless from any
and all claims or demands made against him by reason of debts or obligations incurred
by her,
4. HUSBAND'S DEBTS:
Other than tho debts Indicated In Paragraph 5 below, Husband
represents and warrants to Wife that since May 1 B, 1994, he has not, and in the
future he will not, contract or Incur any debt or liability for which Wife or her estate
might be responsible and shall Indemnify and save Wife harmless from eny and all
claims or demands made against hor by roason of debts or obligations Incurred by him.
6. OUTSTANDING MARITAL DEBTS:
Husband and Wifo acknowledge and agree that thoy have no
outstanding marital debts and obligations of tho Husband and Wifo Incurred prior to
the signing of this agreement, except as follows:
PERSONIS) NOW
DESCRIPTION AMOUNT RESPONSIBLE
A. Clervo's Mortgage $150,000 H
B. IWd,uJ!. "?;Cl" U r-l -r ~V
930 Indiana Av"nuo I
_(Inltinl)
2
.,._.. (inltllll)
Ciervo - Marital Settlement Agreement
1/26/98 - Draft #14
MortQagB.--,
6;000-
-H-&-W-.
C. 1994 Fedorol Taxes
4,000
H&W
D. Voyager Van Loan
6,000
H&W
E. Credit Uno
13,400
H&W
The parties ogree that Husband shall hereafter be responsible for paying
debts A, C, and E above end Wife shall be responsible for paying debt~,B~ndD above.
~8rtl~heIHh8re equally In tha liftblllty for debt C.
Each party agrees to pay the outstanding joint debts as allocated and
further agrees to Indemnify and save harmless the other from any liability for such
debts or obligations.
In the event that either party contracted or incurred any debts, other than
those specifically identified herein since May 18, 1994, the party who incurred the
debt shall be responsible for its payment regardless of the name In which the account
may have been charged and agrees to indemnify and hold harmless the other for any
liability for such debts.
6, MUTUAL RELEASE:
Except as provided in this Agreement, each party waives his or her
right to alimony and any further distribution of property because both agree that this
Agreement providos for an equitable distribution of their marital proporty in accordance
with the Divorco Code of 1980. Subjoct to the provisions of this agreement, each
party has roloased and dischorgod, and by this Agroomont doos for himself or hersolf,
and his or hor hoirs, logal roprosontatlvos, oxecutors, administrators and assigns,
roloase and dischargo tho othor of and from all causos of action, claims, rights or
demands whatsoevor In law or oquity, which oither of tho partlos ovor had or now has
against tho other, excopt any or all causo or causes of action for dlvorco and except
in any or all causos of action for broach of any provisions of this Agroomont. Each
party also waivos his or her rioht to roquost marital counsollng pursuant to 23
Pa.C.S.A. Soctlon 3302.
(initial)
3
(initial)
.
Ciervo . Marital Settlement Agreement
1126/98 . Draft #14
7. EOUlTABLE DISTRIBUTION:
A. By deed dated August 30, 1996, Husband transferred to
Wife all of his Interest In and title to their Jointly-owned real estate at 930 Indlane
Avenue, Lemoyne, Cumberland County, Pennsylvania subject to the mortgage of
approximately Three Thousand ($3,000) Dollars given to Mellon Bank, in exchange for
which Wife agreed to be solely responsible for the payment of all future mortgage
payments, taxes, Insurances and utility bills relative to said real estate. Wife agrees
to pay and discharge the existing mortgage obligation on said premises Wh.IlJlA\.I.il"and
hereby further agreas to Indemnify Husband from any loss by reason of any default
In payment and agrees to save Husband harmless from any future liability with regard
thereto.
(1) Husband agrees that Wife shall become the sole owner
of any and all homeowner's policies, title policies and any other policy of Insurance
with respect to the real estate and shall be entitled to receive any payments now or
hereafter due under such Insurance policies.
(2) Wife shall request the lending Institution to release
Husband regarding the existing first mortgage on 930 Indiana Avenue, Lemoyne,
Cumberland County, Pennsylvania, and until obtained she shall continue to be solely
responsible for the existing mortgage, Insurance, taxes and other charges associated
with the property.
(3) Husband shall satisfy or shall otherwlse within 6ixty
(60) days of tho execution of this Agreomont, make a good faith effort to obtain the
releeso of Wifo end regarding any lien against 930 Indiana Avenue, Lemoyne,
Cumberland County, Ponnsylvanla, relating to tho Mollon Bank crodit Uno balance of
Thlrtoen Thousand Four Hundred Dollars ($13,400) for which paymont In full Husband
shall be solely responslblo end any other lions resulting from obligations for which
Husband is responslblo.
(initial)
4
,___ (initial)
Clervo - Mnrital Settlement Agreement
1126/98 - Draft #14
B. Contents of Wife's Residence:
As of the date of the execution of this Agreement, Husband
shall set over, transfer and assign to Wlfe'ell of his right, title, claim and interest In and
to the furniture, furnishings, fixtures, goods, appliances, equipment and personal Items
within the Wife's residence.
C. Contents of Husband's Residence:
As of the date of tho execution of this Agreement, Wife
shall set over, transfer, and assign to Husband all of her right, title, claim and Interest
In and to the furniture, furnishings, fixtures, goods, appliances, equipment and
personal Items within Husband's residence.
0, Motor VehIcles:
With respect to the motor vehicles owned by one or both of
the parties, they agree as follows:
(1) Husband shall retain the Mercedes Benz.
(2) Wife shall retain the Dodge Voyager Van.
(3) All automobile titles and Insurance policies will be
corrected to reflect the ownership of each vehicle.
E, Individual Retirement Accounts, Pensions And Employment
Senefits:
Each party shall rotaln sole ownership and control of his or
her 401 k's, IRA's, pensions and rctlroment and omploymont boneflts as their separate
proporty.
F. Joint Sank and Charge Accounts:
All Any joint bank and chargo accounts, credit card accounts
and any othor joint accounts shall bo terminated and each party shall take those steps
necossary to have the othor removod as a responsible party from any such account.
Spoclflcally, Husband shall make a good faith effort to havo Wife roleasod from liability
rogarding the parties $25,000 joint Mellon Bank crodlt Iino. All bank accounts In tho
nomos of tho childron shall bo nwlntalnod and administorod by Wifo for the bonofit of
,_~_ (inilial)
5
(initial)
Clervo . Mnrital Settlement Agreement
t 126/98 . Draft #14
the children as she shall determine and ;8~!lJ!thBI!ii:~Cb<>.unt 'Bl'\nUallYtO'IH\I.I.DIBI
r~gl!rdl"g BII.ful'\~,~Jni.GAlll!.IJ~jll~Or thB.c;hlldr~m.
G, Property to Wife:
The parties agree thet Wife shall own, posses, end enjoy free
from any claims of Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property
together with eny Insurance policies covering that property, and any escrow accounts
relating to that property. This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights In such property from Husband to Wife.
H. Property to Husband:
Tho parties agree that Husband shall own, possess, and
enjoy free from any claims of Wife, the proporty awarded to her by the terms of this
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property
together with any Insurance policies covering that property, and any escrow accounts
relating to that property. This Agroomont shall constitute a sufficient bill of sele to
evidence the transfer of any and all rights In such property from Wife to Husband.
I. BusIness Real Estate:
Immediately upon execution of this Agreement, Wife agrees
to transfer to Husband all of her right, title, and Interest In the parties businesses
known as My Place and Clervo's Pizza, Including but not limited to all assets, liabilities,
furniture, fixtures, equipment, accounts, receivables and inventory.
1. Wilo shall assign and transfer to Husband her Interest
In a certain lease with Salvatore Carelli relating to
tho roal ostato and building at which My Piaco
oporatos, at 4415 Carlisle Pike, Camp Hill,
Pennsylvania.
2. On August 30, 199G Wifo dellvorod to Husband a
daad transforrlng to Husband all of her right, title and
intorest in 1435 North Socond Stroot, Harrisburg,
____{initinl)
(I
(initinl)
Ciervo . Marital Seulement Agreement
1/26/98 . Draft #14
Dauphin County, Pennsylvania, under and subject to
all existing leases. Husband thereby became the sole
owner of the raal estete, permitted to collect all
rents, record the deod, and take any other action
with respect thoreto that he deems approprlato.
3. Husband shall become the sole owner of any and all
lIeblllty insurance policies, title policies and any other
policy of Insuranco with respect to the real estate
located at 1435 North Second Street, Harrisburg,
Dauphin County, Pennsylvania, and shall be entitled
to receive any payments due under these Insurance
policies after August 30, 1996.
4. Husband has satisfied and obtained Wife's release
from the mortgage on 1435 North Second Street,
Harrisburg, Dauphin County, Pennsylvania, and is
now solely responsible fer satisfying all Indebtedness
relating to Ciervo's and this proporty. Husband shall
fully Indemnify and hold Wife harmless from all
claims and lIabllitios relating to the propert)', Including
attorneys fees for enforcing this Indemnity provision.
S. Until-9eeember-a1..-l~96;--t>HlooneHf-efllld-stlppo",
ftllmony,-tind-interest-peyments-hereunder
enmmenee,Wife-shftll-eontinue-to-eontribute-her-time
ftHending-to-ller-tlsuehluties-in-opereting-€lervo!s
end-shell-eontinue-to-{jrew-he~isUng-sftlery--1lf
~,sGG'"flet-peHTlOnth7
J, Payments to Wife and Husband:
In consideration of Wifo's tronsfers to Husband of her
intorosts In Clorvo's end My Ploco, Husband sholl pay Wifo the sum of-Gne-Hundred
(initinl)
7
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Clervo - Murital Selllemcnt Agreemcnt
t 126/98 . Drufi 114
1Musand~1 Nlnety,TllouB!lIld ($90,000);Dollers, over a term of eight and
one-half years (8 ~), with Interest at six (6%) porcont, Interest only of n"'ll Ilundred
t*e&.GG1 Four Hundred .FIfty ($~50) Dollars per month to be paid and commencing
on the first of each month foHourl4h'ears-following executIon of thl3-Agrllllment,
or-untll Until Dec~mbe~31,>200Q when alimony terminates as he~eln pro~l~e~, when
Husband then shall ~om.!11encepaylng to Wife principal and Interest of One Thousand
Nine-Hundred-6eventy-eight-fH,9-18;GO) Six Hundred Slxty"nina ($1 ,669)Dollars par
month to-etlmmenee-eHhe-beglnning-t)f-yeor-five-end and shall continue 6lJ,ch
payments for fifty-four (54) sixty-i601 additional months theraafter. To secure the
payment of the $90,000+1OO;G9O IInd Interest due to Wife, Husband shall execute
notes and subordinated second mortgages in favor of Wife on 1435 North Second
Street, Harrisburg, Dauphin County, Ponnsylvanla and on his personal residence at
~626 south ClearvleW Drive, Camp Hill, Cumberland County, Pennsylvanla.VV!f~s~al!
further subordinate her lien posl~!on to any additional ,financing (!btained bVttUllbl!r'ld
.0 Implement the terms of this Agreement. As additional payments to Wife, upon
signing of this agreemont Husband shall simultaneously sign all documents to release
to Wife the oxisting balance tln-exeess-1lf-H3,400I-oHhe In the parties' IDS account
Ilxcept for $1,500 which Wife, w.i11 deliver to Husband. Wife acknowledges receivlfl9
previous payments of $13,500 end $4,100 from the;IDS account, ' HUlibehd
acknowledges receiving $4,100 from the IDS account. to Wife; shetl-reimoorse Wife
the-sum-of-+l-;Gsa-edveneetHor-Husbllnd-byJNife-eHlis-August-a0;-l996-elosing-on
-l435-North-6eeond-6lreet-end'ilholl'iieliver-to-Wife-the-ftlrtheHum-of ~
being-fifty-pereent-j50%}-1lf-poyments-from'ilepllrate-ftlnds-mode-efter-tlleiHepoffitlon
on-Moy-1-B,-l.fJ 94-1 O1'r eserve-end;lloin loin-mllri ttll-esset~;
K. Miscellaneous Property:
All proporty not specifically addrossod horoin sholl hcreaflor
bo ownod by tho party to whom the property Is tltlod, and if untltlod, tho party in
possosslon. This Agroement sholl constitute a sufficient bill of sale to evidenco the
(initial)
x
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Cieryo . Marital Settlement Agreement
1126/98 . Draft #14
transfer of any and all rights In such property from each to the other.
L. Non-Taxable Event:
The parties believe and agree that the division of property
heretofore made by this Agreement is a non-taxable division of property between co-
owners rather than a taxable sale or exchanga of such property. Each party promises
not to take any position with respect to the adjusted basis of the property assigned t
him or her with respect to any other issue which Is Inconsistent with the position set
forth in the precodlng sentence on his or hor Federal or State incomo tax returns.
8. LIFE INSURANCE:
Each party shall continue to own any life Insurance policies
currently in effect, without restriction as to the dosignatlon of beneficiaries. Husband
and Wife shall each purchase and maintain term or whole life policies each In the face
amount of One Hundred Thousand ($100,000) Dollars naming a trustee of their own
choice who shall be the beneficiaries of both policies and shall administer the proceeds
for the benefit of the children. Both parties shall maintain these policies In effect until
the youngest child attains the age of twenty-three (23) and shall produce annually
upon request of the othor proof that such coverage Is in effect.
9. ALIMONY:
Commencing January 1, 1997, Husband shall pay Wife as alimony
the sum of Five Four Hundred ~5e&.Ge} ($400) Dollars per month on the first of each
month until December 31, :2001,2000. Alimony shall bo non-modifiable but shall
terminate upon wifo's doath or romorriago. All alimony paymonts shall bo taxable to
Wifo and doductlblo by Husband for fedoral incomo tax purposes. Htlsbtmhhall
maintain-deereasing-term-or-whole-Jife-insurance.-irrevocably-flaming-Wife-as
beneficiar~uHicienHo-insure-his-6limony-obligation-hereunder-and-shal!j>rotluce
evidenc6-{)f-1luch-eoverage-upon'1'equest-by-Wiftr.
_(initial)
l)
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Clcrvo - Marital Selllement Agreement
1/26/98 . Draft #14
Wife acknowledges and agrees that the provisions of this
Agreement providing for the waiver of alimony to hor by her Husband are fair,
adequate, and satisfactory to her and are based upon her actual need, her Husband's
ability to pay, the duration of the parties' marriage and other relevar,t factors which
have been taken Into consideration by the parties. Although the approval of this
Agreemont by a court of competont jurisdiction In connection with this action in
divorce or annulment filed by Husband or Wlfo shall bo deemed an order of the court
and may bo enforced as provldod in 12 Pa.C.S.A. Section 3701, as amended, this
Agreement, insofar as It pertains only to support for Wife and the payment of alimony
following the entry of a final Decree In Divorce betweon the parties, may not be
modified, suspended, termlnatod, or reinstated at the Instance of request of the Wife
or Husband, or subjoct to furthor order of any court upon changed circumstances of
the Wife or Husband of a substantial or continuing nature, or for any reason claimed
by Wife whatsoever. Upon that condition, Wifo hereby accepts the provisions of this
Agreement in lieu of and In full and final solllomont and satisfaction of all claims and
demands that she may now or hereaftor have against Husband or her support and
maintenance of horsolf and for alimony, and Husband and Wife furthor voluntarily and
Intelligently walvos and relinqulshos any right to seek a modification, suspension,
termination, rolnstitutlon, or othor court ordor with respoct to the terms of this
Agreement portalnlng to the paymont of support to Wife or the payment of alimony
by Husband.
Husband acknowlodgos and agrees that the provisions of this
Agroomont providing for equltablo distribution of marital proporty aro fair, adoquate
and satisfactory to him and arc accoptod by him in Iiou of and in full and final
sottlomont and satisfaction of any claims or domands that he may now havo or
horoafter have against the Wife for support, malntonanco or alimony. Husband further
_,_(initial)
10
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cicJ'YO . Marilal Settlement Agreement
1126/98 . Draft #14
volunterily and Intelligently wolves and relinquishes any right to seek from the Wife any
paymant for support or alimony.
10. CHILD SUPPORT:
By a Stipulation for an Agreod Order of Support, attached hereto
/I1JJ:!,IngQt.p.Pflltedbereln as Exhibit A, commencing January 1, 1997, Husband will pay
to Wife child support of One Thousand One Hundred ($1,100.00) Dollars per month,
plus all necessary tuition payments to Good Shepherd School, which shall be made by
Husband directly to tho school. In the event that any child shall attend Trinity High
School, tuition shall be shared equally by both parents. Husband shall maintain health
Insurance for the children end shall pay fifty (50%) of all uninsured medical, dent.~I~
prtho~()l'1tl~. and vision expensos. Mother shall be responsible for all child care
expenses and fifty (50%1 of all uninsured medical, denta!r'orth!)dQl1tlc '8I1dVls!9fi
expenses.
11. HEAL TH INSURANCE FOR WIFE:
Husband agrees to continue to provide and pay for Wife's medical
and hospitalization coverage until entry of a final decree In divorce. Therellfter, If
llvelleble-vla-€GBRA;-followlng-the-entry-cH-finel-9ecree-trH3!vorGe, lldditlonlll helllth
cere Go..ef8tJe-mey-btH)bt1Ilned-1lt-tfle-s1)le-eost,,~lfe; Any payments for health
Insurance will not bo considered alimony and aro not Included with the Income of the
Wife within the moaning and Intent of Section 71 of the United States Internal
Revenuo code of 1954 and not doductiblo from Husband's gross incomo pursuant to
the provisions of Soction 215 of tho Unltod Statos Intornal Rovenue code of 1954.
12. ALIMONY PENOENTE LITE, COUNSEL FEES AN EXPENSES:
Husband and Wife acknowlodgo and agroo that tho provisions of
this Agreoment providing for tho cquitablo distribution of marital proporty o! the parties
are fair, adequate and satisfactory to them. Both partlos agreo to accopt tho
provisions sot forth In this Agroomont In L10u of and In full and final sottloment and
,.._.(initlnl)
II
_____, (initinl)
Ciervo . Marital Settlement Agrccmcnt
1/26/98 - Draft #14
satisfaction of 011 claims and demands that eithor may now or hareafter hove against
the other for alimony pendonte lite, counsel fees or expensos or any other provision
for their support and malntenanco beforo, during and eltor tho commencoment of the
proceedings for divorco or annulment betwoen tho partlos.
13, INCOME TAX RETURNS AND TAX LIABILITIES:
Regerdlng In consldoration,of Wife reducing her compensQtlon for
Clervo's from $100,000 to $90,000, Husbandsha!1 be responsible for all u~paldJa)(
liabilities associated with their prior Joint buslne~s. activities. Specifically regprc!Jhg any
state, federal and local tax Iiabllitios relating to their businassos, both-perties HUSband
rapresents t6-1l8eh-other that all employment, Social Security, unemployment,
mercantilo privilege and othor tax Iiabllitlos of Clorvo's and My Placo hove been paid
In full previously or will be paid by him. end-will-be-peitHtl-the-tletlKlHeflKlr-tffJnsfer;
The partios have horotoforo filed joint fodoral and state tax roturns. Both parties agree
that in the event any doficiency In fodoral, state or local Income tax Is made against
Ciervo's or My place or either of them, eeeh Husband will indemnify and hold harmless
tne-mflet' Wife from and egalnst any loss or liability for any such tax deficiency or
assessment and any Intorost, ponolty and cxponse Incurred in connection therewith.
6tl~t1x,-interestTPenelty-or-elCpense-shell-be-peld'1lolely-ond-entirely-by-the-lndividtlel
wh04s-finelly-determined-tc-be-the-ceuse'i>Hhe-mlsrepresentetionS-OHeilures to pev
or-diselose-the-nllture-end-ex t en t-o f-his-or-h er-sepeffite-ineomlHln-thlHlf oresaldielnt
ret urmr-or-respclftsible-f or-t he-a foremen t 10 ned-business-t elMiebill t ielr. Tho p II rt ie s
acknowledge and ostimoto that tl10y have an unpaid 1994 foderal tllX liability of
IIpproxlrnatoly Four Thousand 1$4,000.00) DOllers, which they-agree-to-shere-equlllly;
eech'1JertY'fleying-fifty-(50%I-percent-ol-the-totllH 994-tlllC-Hllbility; Husband IIgroos
to PIlY. Tho pertlos shall shero oquallY tho cost of properino thoir tax roturns and sllll11
fllo jointly in 1995 and 1996 and sopmatoly in 1997 and thorollftor. Any tax rofunds
for 1995 IInd 1996 shall bo sherod oqually.
_ (inililll)
12
(initial)
ciervo . Marital Settlement Agreement
1/26/98 . Draft 114
14. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided each party may dispose of his
or her property In any way, end each party hereby waives and relinquishes any and all
rights he or she may now have or hereaftor acquire, under the present or future laws
of any jurisdiction, to share In tho property or tho estate of the other as a result of the
marital relationship, Including without limitation, dowor, curtsey, statutory ellowance,
widow's allowance, right to take Intestacy, right to take against the will of the other,
and right to act as edmlnistrator or executor of the other's estate. Each will, at the
request of the other, execute, acknowledge and deliver any and all Instruments which
may be necessary or advisable to carry Into effect this mutual waiver and
relinquishment of all such interests, rights and claims and both pertles will revoke prior
wills or testamentary documents.
15. AGREEMENT NOT PREDICA TED ON DIVORCE:
It is specifically understood and agreed by and between the parties
hereto and each of the said parties does hereby warrant and represent to the other,
that the execution and delivery of this Agreoment is not predicated upon nor made
subject to allY agreement for Institution, prosecution, defense, or for the non-
prosecution or non-defense of any action for divorce; provided, however, that nothing
contained In this Agreement shall prevent or preclude either of the parties hereto from
commonclng, Instituting or prosecuting an action or actions for divorce, either absolute
or otherwise, upon just, logal and propor grounds; nor to provent either party from
defending eny such action which has boen, mayor shall bo Institutod by the other
party, or from making any Just or proper defonso thereto. It Is warranted, covonanted
and ropresonted by Husband and Wifo, oach to tho other, that this Agreemont is lawful
and onforcoable and this warranty, covenant and ropresontatlon is made for tho
spoclflc purpose of inducing Husband and Wlfo to oxocuto this Agreemonl. Husband
and Wifo oach knowingly and undorstandingly horoby wolves any and all posslblo
_(initiul)
13
_(initial)
ciervo . Marital Settlement Agreement
1/26/98 . Draft #14
claims that this agraament Is, for any reason Illegal or for any reason whatsoever,
unenforceable in whole or in part. Husband and Wife each do hereby warrant,
covenant and agree that, In any possible event, he and she are and shall forever be
estopped from asserting any illegality or unenforceabillty as to all or any part of this
Agreement.
16, SUBSE~UENT DIVORCE:
Wife at her cost by her counsel has filed an action for divorce under
~3301 (cl of the Divorce Code.
Simultaneously with the exocution of this Agreement, the parties
agree that they shall both execute Affidavits of Consent and Waivers of Notice
attached hereto and Counsol for Wife shall procoed promptly to finalize a ~3301 (c) no.
fault divorce by mutual consent.
Tho parties further agreo that each of them shall be responsible for
their own attorney's fees. In the event that such divorce action is concluded, the
parties shall bo bound by the terms of this Agreomont which shall be Incorporated by
reference into the Divorce Decree, shall not be merged In such Decree, end shall not
be modified, but shall in all respects survive the same and be further binding and
conclusive upon the parties.
17. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the other
party shall have tho right at his or hor olectlon, to sue for damages for such breach,
or sook such othor romodios or roliof as may be responsible for payment of legal fees
and costs incurred by the othor in enforcing his or hor right a under this Agrooment.
Reasonablo Intorost shall bo assossed from the date of breach.
A. This Agreelllont may be specifically enforced by either
Husband or Wife In Equity, and the portlos hereto agree that if an action to enforce this
Agreomont is brought In Equity by either party, the othor party will make no objoctlon
_~___ (Inll/nl)
14
__(initinl)
ciervo . Marital Settlement Agreement
1/26/98 - Draft #4
on the alleged ground of lack of jurisdiction of said Court on the ground that there Is
an adequate remedy at law. The parties do not Intend or purport hereby to improperly
confer jurisdiction on a Court In Equity by this Agreemont, but they agree as provided
herein for the forum of equity In mutual recognition of the present state of the law,
and in recognition of the general jurisdiction of Courts in Equity over agreement such
as this one.
B. Notwithstanding anything to the contrary herein, Husband
and Wife may also proceod with an action at law for redress of his or her rights under
the terms of this Agreement, and In such event It is specifically understood and agreed
that for and in specific consideration of the other provisions and covenants of this
Agreement, each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid undue delay.
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation that
either may sustain, or Incur or bocome liable for, In any way whatsoever, or shall pay
upon, or In terms or provisions of this Agreemont by reason of any of the terms or
provisions of this Agreement by roason of which either party shall be obliged to retain
or engago counsol to Initiate or maintain or dofend proceedings against the other at law
or equity or both In any way whatsoever, providod that the party who seeks to recover
such attorney's foes, and costs of litigation must first be successful In whole or In
part, bofore thoro would bo any liability for attornoy's fees and costs of litigation. It
Is the spocific agroemont and intent or the partios that a broaching or wrongdoing
party shall bear tho burdon and obligation of any and all costs and expenses and
counsol fees Incurred by hil1lsolf or horsoif os woll as tho othor party in ondoavorlng
to protoct and enforco his or hor rights under this Agrooment.
_(initinl)
15
(inltinl)
Ciervo - Marital Settlement Agreement
1126/98 - Draft #14
18. ADDITIONAL INSTRUMENT:
Each of the partlos shall from time to time, at the request of the
other, execute, acknowledge and deliver to tho other party any and all further
Instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
19. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect have been
fully explained to the parties by their respective counsel, and each party acknowledges
that the Agreement Is fair and equitable, that It is being entered Into voluntarily, with
full knowledge of the assets of both parties, and that it Is not the result of any duress
or undue Influence. The parties acknowledge that they have boen furnished with all
Information relating to the financial affairs of the other which has been requested by
each of them or by their respective counsol.
20. ENTIRE AGREEMENT:
This Agreement contains the ontlre understanding of the parties
and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and agree that the
provisions of this Agreement with respect to the distribution and divisions of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marrlago and other relevant factors which have been taken Into consideration
by the parties. Both parties horoby accopt tho provisions of this Agreomont with
rospect to the division of proporty In Iiou of and in full and final settlemont and
satisfaction of all claims and domands that they may now have or horealter have
against tho othor for equitablo distribution of thoir proporty by and any court of
compotont jurisdiction pursuant to 23 Pa.C.S.A. Soction 3501 l11. liQ.Q,. or any other
laws. Husband and Wife each voluntarily and intolllgontly waivo and rollnqulsh any
right to sook 0 court ordered dotermlnation and distribution of marital proporty, but
__,__ (initial)
16
(inililll)
Ciel'Yo - Morital Settlement Agreement
1126/98 - Draft #14
nothing herein contained shall constitute a waiver by either party of any rights to seek
the relief of any court for the purpose of enforcing the provisions of this Agreement.
21, DISCLOSURE:
Husband and Wife represent and warrant to the other thet he or
she has made a full and complete disclosure to the other of all assets of any nature
whatsoever In which either party has an Interest, the sources and amount of the
Income of such party of every type whatsoever and of all other relevant and material
facts relating to the subject matter of this Agreement.
22. MODIFICA TION AND WAIVER:
A modification or waiver of any of the provisions of this Agreement
shall be effective only If made In writing and executed with the same formality as this
Agreement. Tho failure of either party to Insist upon strict performance on any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
23, PRIOR AGREEMENT:
It Is undorstood and agreed that any and all property settlement
agreements which mayor heve been executed prior to the dete and time of this
Agreement are null and void and have no effect.
24. DESCRIPTIVE HEADINGS:
Tho descriptive headings used horoln aro for convenience only.
They havo no effect whatsoever in detormlning tho rights or obligations of the parties.
25. INDEPENDENT SEPARA TE CO VENANTS:
It Is spoclfically undorstood and agroed by and between the parties
horoto thet oach paragraph horeof shall bo deomed to be a separate and Independont
covenant and agreomenl.
_(initlnl)
17
(initinl)
ciel'Yo . Marilnl Settlement Agreement
1/26/98 - Drall #14
26, APPLICABLE LA W:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
27, VOID CLAUSES:
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.
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.
IN WITNESS WHEREOF, the parties hereto have sit their Hands and Seals
the day and year first above written.
(SEAL) (SEAL)
Alfonso V. Ciervo Elizabeth M. Ciervo
(SEAL) (SEAL)
Maria P. Cognerti, Esquire Edward J. WeIntraub, Esquire
18
ELIZABETH M. CIERVO,
Plaintiff ,
· IN THE COURT OF COMMON PLEAS
· CUMERLAND COUNTY, PENNSYLVANIA
.
VB.
· No. 94.3086 CIVIL TERM
.
ALFONSO V. CIERVO,
Defendant.
· CIVIL ACTION .. LAW
· IN DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint In Divorce under Section 3301 (c) of tha Divorce Code was filed
on June 8, 1994.
2. The marriege 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 after service of notice of
Intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling, and being so
advised, I do not request that the court requlro my spouse and myself to participate
In marriage counseling.
I verify that the statements made In this Affidavit are true and correct. I
understand thet false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification of authorities.
Date:
Alfonso V. Ciervo
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ELIZABETH M. CIERVb,
Plaintlll'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 94-3086 CIVIL TERM
ALFONSO V. CIERVO,
Defendant
CIVIL ACTION. LA W
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
AND NOW comcs Pctitioncr, Maria P. Cognctti, Esquirc, and in support of her
Motion to Make Rulc Absolutc, rcspectfitlly rcprescnts as follows:
1. On January 7, 1998, Pctitioncr abovc named filcd a Pctition to Withdraw
Appcarancc.
2. On, January 12, 1998, thc Court cntcrcd u Rulc to Show CUIISC againstthc
DclendanVRcspondent, Alfonso V. Cicrvo, dirccting him to show causc why Pctitioncr
should not be permittcd to withdraw hcr appcarancc as counscllor
DelcndanVRcspondcnt. Said Rulc was rcturnablc 20 days uner servicc thercot:
3. Scrvlce ofsuid Rule wus mudc onthc DelcndunURcspondcnt, by ccrtified
mall, rcturn receipt rcqucsled, on Januury 21, 1998. An Alliduvit of Scrvice ullcsting to
sume has been filed lolhc ubovc number und tcrm.
4. More than 20 duys havc clapscd sincc the scrvicc of the ulhresuid Rule 10
Show Causc.
1/11/"
",,,~J~3:~[?i;':;""'.;JI~i:=~~~!~'!li~~{{:'H~';~?tt~~Jf~~~1t':!ri:i
ELIZABETH M. CIERVO,
Plaintiff ,
. IN THE COURT OF COMMON PLEAS
. CU:vIBERLAND COUNTY, PENNSYLVANIA
.
VI.
· No. 94-3086 - CIVIL TERM
.
ALFONSO V. CIERVO,
Defendent,
· CIVIL ACTION. LAW
· IN DIVORCE
STIPULATION FOR AN AGREED ORDER OF CUSTODY
AND NOW, THE PARTIES, by and through their attorneys, stipulate and agree
as follows:
I. LEGAL CUSTODY
(a) The parties hereby agree to share legal custody of their children, Christina
Teresa Ciervo, (DOS: 3/24/B2), Patricia Marla Clervo, (DOS: 07/23/86), and Jacquelin
Elizabeth Clervo, (DOS: 10/16/84). All decisions affecting the children's growth and
development Including, but not limited to: special schools andlor Instruction; choice
of summer camp, If any; choice of day care provider; all necessary medical and dental
treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to
actual or potential litigation Involving the children, directly or as beneficiary, other than
custody litigation; public or private school aducatlon, whether secular and religious;
scholastic athletic pursuits and other extracurricular activities; shell all be considered
major decisions and shall be made by the parents jointly, after discussion and
consultation with each other and with a view towards obtaining and following a
harmonious policy In the children's best Interest. The parties have agreed that all three
13) children shall attend Good Shepard School.
(b) Each perty agrees to keep the othar informed of the progress of tha
children's education and social adjustments. Each party agrees not to Impair the other
party's right to shared legal or physical custody of the children. Each party agrees to
give support to the other In the role as parent and to take Into account the concerns
of the other for the physical and emotional well.belng of the children.
(c) While In the presence of the children, neither parent shell meke or permit
any other person to make any remarks or do anything which could In any way be
construed as derogatory or uncomplimentary to the other parent. It shell be the
express duty of each parent to uphold the other parent as one whom the children
should respect and love.
(d) It shall be the obligation of each parent to make the children available to the
other In eccordance with the physical custody schedule and to encourage her to
pertlclpate In the plan hereby agreed and ordered.
(e) Each parent shall have the duty to notify the other of any event or activity
that could reasonably be expected to be of significant concern to the other parent.
If) The parents shall communicate directly with one another concerning any
parenting issue requiring consultation and agreement and regarding any proposed
modifications to the physical custody schedule, which may from time to time become
necessary, and shall specifically not use the children as a messenger. Furthermore,
until the children attain the age of ten (10) neither perent shall discuss with the
children any proposed changes t the physical custody schedule, or any other Issue
requiring consultation and agreement, prior to discussing the matter and reaching an
agreement with the other parent.
(g) With regard to any emergency decisions which must be made, the parent
with physical custody of the children at the time shall be permitted to make the
decisions necessitated by the emergency without consulting the other parent In
advance. However, the parent with physical custody making an emergency decision
shell Inform the other of the emergency and consult with him/her as soon as possible.
Day-to-day decisions of a routlns nature including those relating to msdlcal care shall
be the responsibility of the parent having physical custody at the time.
(h) Each parent shall be entitled to complete and full Information from any
doctor, dentist, teecher or authority and have copies of any reports given to them as
2
a parent. Such documents Include, but are not limited to, medical reports, academic
and school report cards, birth certificates, etc. Both parents may and are encouraged
to attend school conferences and activities. The Father's name shall be listed with the
school as the alternative parent to be contacted In the event of an emergency an to
ba notified regarding school events. However, It will be Mother's primary
responsibility to provide Father with copies of report cards and all notifications of
major school events.
(I) Neither parent shall schedule activities or appointments for the children which
would require their attendance or participation at seld activity or appointment during
a time when they are scheduled to be In the physical custody of the other parent
without that parent's express prior approval.
(JI The parties hereby acknowledge that they have discussed and Jointly made
the following decisions:
1. The parties agree that Drs. Tan and Garcia will be the children's
pediatricians and accordingly, will provide medical treatment to the
children when necessary.
2. The parties acknowledge that the children's legal names are
Christina Teresa Clervo, Jacquelin Elizabeth Ciervo and Patricia
Maria clervo and they shall be known by these names for all
purposes. The parties agree that they will Instruct their respective
families and friends that the children should not be referred to by
any other name.
3. The parents acknowledge that they each expect the children to
attend college and If they are good students with a high probability
of gaining entrance and succeeding In college. The parties agree
that they shall each be actively Involved In the selection of an
appropriate post-high school education for the children and that
3
the choice of any college or Institution shell be mutually agreed
upon by Father, Mother and the children, taking Into consideration
the parents' then financial ability and economic clrcumlltances, and
the children's needs, desires, talents and aptitudes for post-high
school education.
II. PHYSICAL CUSTODY
The parents shall share physical custody of the children. Mother shall have
primary physical custody. Father shall have pertlel physical custody as periodically
determined by mutual agreement. Failing mutual agreement to the contrary, the
following schedule shall apply:
a. Alternetlng weekends, from Friday at 3:00 p.m. until
Sunday at 6:00 p.m.
b. Every Wednesday from the conclusion of school until 8:30
p.m.
c. Spring vacation Including Easter Sunday In 1998 and In
even years with Father.
d. The Wednesday prior to Thanksgiving at the conclusion of
school until the Sunday following Thanksgiving Day at
2:00 p.m. with Mother in 1995 end In odd years thereafter.
e. From the commencement of winter school vacation until
Christmas Day, December 25th at 2:00 p.m. with Mother
every year, with Father's winter vacation time commencing
every year at 2:00 p.m. on Christmas Day and continuing
through December 30th at 6:00 p.m.
f. New Year's Day from 10:00 a.m. to 6:00 p.m. with Father
every year.
4
g. Fourth of July from 9:00 a.m. until 11 :00 p.m. with Mother
In 1998 and in even years and with Father In odd years.
h. Father's Day weekend from 6:00 p.m. Friday until 7:00
p.m. Sunday with Father every year.
I. Mother's Day weekend from 6:00 p.m. Friday until 7:00
p.m. Sunday with Mother every year.
j. Memorial Day weekend Including Memorial Day from Friday
at 6:00 p.m. until Monday at 6:00 p.m. with Father In 1997
and In odd years thereafter.
k. Labor Day weekend Including Labor Day from Friday et 6:00
p.m, until Monday at 6:00 p.m. with Mother In 1997 and in
odd years thereafter.
I. With respect to President's Day, Columbus Day and
Veteran's Day, If this holiday Is a Monday and school Is not
In session, the parent having physical custody of the
children during the Immediately preceding weekend shall
have the holiday until 6:00 p.m.
m. Each parent shall have physical custody of the children for
attendance et family funerals and weddings with reasonable
notice to the other parent.
III. TELEPHONE PRIVILEGES
The parties agree that there shall be reasonable telephone access between tha
children and both parents. The parents are encouraged to place telephone calls to the
children between the 7:00 p.m. and 9:00 p.m. so as not to Interfere with dinner or
bedtime. The children shall be permitted free access to place calls to their parents at
any time they desire.
5
I. '.
, "
IV. RELOCATION
The pertles have nagotlated the custody and partial custody portions of this
Agreement based upon existing circumstances, and in particular, based upon Wife's
and Husband's current residences In Cumberland County, Pennsylvenla. If either
parent desires to establish a residence more than twenty-five (25) miles from his or her
present residence, he or she shall give the other parent at least ninety (901 deys
written notice In advance of the proposed move in order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement s to custody and partial custody In light of the changed circumstances.
In the event that the parties are unable to reach an agreement, then the Court of
Common Pleas of Cumberland County shall have jurisdiction over tham to fashion an
appropriate custodYlpartlal custody.
V. TRANSPORTATION
For all visits contemplated hereunder, the receiving parent shall be responsible
for picking up the children at the designated time at the residence of the other parent,
or at such other location as they shall mutually agree.
This Stipulation shall be entered as an Order of the Court.
~ .
/ {l( 1/)11 t, ( H ~
Ellz eth M. Ciervo
V'-"---
U'z-te)
Edward J. WeIntraub, Esquire
Attorney for Plaintiff
--'
----;C~UI~
Attorney for Defendant
~
I
BY THE COURT:
Date:
J.
6
,. ' , .
, "
IV. RELOCATION
The parties heve negotiated the custody and partial custody portions of this
Agreament based upon existing circumstances, and in particular, based upon Wife's
and Husband's current residences In Cumberland County, Pannsylvenia. If either
parent daslres to establish a residance more than twenty-five (25) miles from his or her
present residence, he or she shall give the other parent at least ninety (90) days
written notice In advance of the proposed move In order to give the parties the
opportunity to confer, prior to the relocation, and to establish a mutually satisfactory
arrangement s to custody and partial custody In light of the changed circumstances.
In the event that the parties are unable to reach an agreement, then the Court of
Common Pleas of Cumberland County shall have jurisdiction over them to fashion an
appropriate custodylpartlal custody.
V. TRANSPORTATION
For all visits contemplated hereunder, the receiving parent shall be responsible
for picking up the children at the designated time at the residence of the other parent,
or at such other location as they shall mutually agree.
This Stipulation shall be entered as an Order of the Court.
~ .
/ It( f/}11 (!/ (7 ( ~
Ellz eth M. Clervo
ez---
Lit()
Edward J. WeIntraub, Esquire
A ttorney for Plaintiff
--------
~ ---
I~~ ~
Ti)" O'Connell, Esquire I
Attorney for Defendant
BY THE COURT:
Dete:
J.
6
LAW OFFICE
ED\Wl~ d. WEINTRAUB
2650 NQltTH nUm SBUT
HAARISBURO. PENNSYLVANIA 171Ie
(717) 238.2200 FAX 17171138.92lIO
ETH M, CIERVO,
Plaintiff
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
.
vs,
· No. DR 22814
.
ALFONSO V. CIERVO,
Defendant
· DOMESTIC RELATIONS SECTION
· IN SUPPORT
~V(
STIPULATION FOR AGREED ORDER OF SUPPORT AND ALIMONY
AND NOW, this -LL1 'tay of ItA.~, 1998, based upon the
Defendant's net monthly earning capacity of $5,000 and the Plaintiff's net monthly
earning capacity of $1,000, IT IS HEREBY AGREED AND ORDERED that Defendant,
Father, pay to the Domestic Relations Section, Court of Common Pleas, the sum of
One Thousand One Hundred ($1,100.001 Dollars monthly or Two Hundred Fifty-four
Dollars and Four Cents ($254.04) per week effective Immediatelv, with no arrears, for
the support of his minor children, Christina Teresa Ciervo (DOB: 3/24/82), Jacquelin
Elizabeth Clervo ~~~~~~l and Patricia Marie Ciervo (008: July 23, 1986),
plllS all tuititmpa 'I> t! ff, I>pherd-5ehoot,whIeMhall be made dlrectly-to the
schaal. 1R-the....eIleRWI1at-any-ehild-shalhrttend-T-rinity-High-School;-ttlltleR-6hallbe
ilhered eqtt8fly-by-both-parentlh-
Father will provide health Insurance for the children. All unrelmbursed medical,
dental, vision and orthodontic expenses will be shared equally by the parties. Mother
will pay for one hundred (100%) percent of al child care expenses. Proof of
Defendant's medical covorago is attached hereto and made a part hereof.
Defendant, Husband, shall pay non-modifiable alimony to Plaintiff, Wife, of Four
Hundred ($400,00) per month, One Hundred Fifteen ($115.00) per week until
December 31, 2000 or until Wife dies or remarries.
All payments by Defendant shall bo turnod over by Domestic Relations Section
to Plaintiff. Payments must be mado by check or money order. All checks and money
orders must be made payable to Domestic Relations Soctlon and delivered or mailed
to Box 320, Carlisle, Ponnsylvania 17013. Each paymont will boar the above
captioned Domestic Relations numbor.
Parties must within seven (7) days Inform the Domostic Relations Section and
the other parties, In writing, of any material change in circumstances relovant to the
level of support or the administration of tho Support Order, including but not limited
to loss or change of incomo or employment and change of personnel address or
change of addross of any child rocoiving support. A party who willfully fails to roport
a material change in circumstancos may be adjudgod in coritompt of Court, and may
bo finod or imprisoned.
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