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HomeMy WebLinkAbout94-04123 IJ! f I " 'I '" , " , " .. " i!-,.'r;; >1/ 'I' 1;;1 Ijj '~ '" Id " I I ~ I ,I ~' , " .. :," o ~ . ... l /1" : I~ , ,~ ;\- , " , ' I ') \1 f'f! ,'/ " " " 1", " , ,. - t ~ ~ '0 tv) o :r , :r ';T i. . DIANE G, RADCI,IH ATTORNlY.AT.I,AW s.., 'flINDU. ROAn CAMP 11I1.1., ,A. 17011 " . . MARRIAGE SITTLIMlNT ~RBIMJ.T ".-'/1 'I'" '. I' t I THIS AGRlIMI.T made this '_)-:":'-. day of, ~ ([ ill J C' ,J, 19_(/" /, by and between JO ANN MOLINARO ("WIFE") of 12 Weat Locust Streett Mechanicsburg, Pennsylvania, and DAVID P. MOLINARO ("HUSBAND") of 12 West Locust Street, Mechanicsburg, Pennsylvania. WITNISSETHI WBIDAS, the parties hereto are HUSBAND and WIFE, having been married on September 4, 1992 in Alexandria, Virginia. There were no children born of this marriage. WBIDAI, diverse and unhappy differences, disputes and diff icul ties have arisen between the parties and it 1s the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obl iqations as between each other including, without limitation by specification: the settling of all matters between them r.elating to the ownership and equitable distribution of real and personal property; the 1 I DlANl G. RADCl.IH ATTORNIY.A'T.I,AW S-WI TIINnu. ROA.U CAMP lilli" PA 11011 , ~ settling of all matters between them relating to the past/ present and future BUpport/ alimony 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 reapective estates. _OW, THEUrORE, in consideratJ.on of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION or PRBAHB~ The recitals set forth in the Pretlmble of this Agreement are incorporated herein and made II part hereof as .if fully set forth in the body of the Agreereent. 2. AORBIMINT NOT A BAR TO DIVOR~ PROC.IDI_OS. This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an abs':llute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any 2 D1ANl G, IlADCLlfr ATTOIINlY-AT-I,AW ~.. TIINDI,( .0,'1) , C~M' 1111.1., 'A 17011 . act or acts on the part of the other party which have occaaioned the disputes or unhappy differencea which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce purauant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 94-4123 Civil Term. Aa soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. ."ICT 0' DIVORCE DICRlE.... The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. .. AGRlIHUT TO BIJIfCORPORATI!:D IN DIVORCE DICRlI. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 3 IS. .0.-MnG... It ia the parties' intent that this Agreement doea not merge with the Divorce Decree, but rather, it continues to have independent contractual aignif icance and each party maintains their contractual remedies a& well as court remedies as the result of the aforesaid incorporation or as otherwiae provided by law or statute. I. DATI or .XICVTIO.. The "date of execution" or "execution date" of thia Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. DIITRIIVTIO. DATI. The transfer of property/funds and/or documenta provided for herein shall only take place on the "distribution date" which shall be def ined as t.he date of execution of this Agreement unless otherwise specified herein, II. JU)VICI or COVIIIIl,u, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counael, DIANE G. RADCLIFF. ESQUIRE, for WIFE, and FELIX DeGI1ILIO, ESQUIRE, for HUSBAND. The purties acknowledge that they have received independent legal advice from counael of 4 DIANE G, RADCJ.JH ATTORNlY.AT.I,AW S441'UINDll lOAn (:AM, 1t11.1., 'A 17011 , DIANE G, RAIJ(:UH A'rTORNU-AT-I.AW ~.II 'rl.NOH lOA-)) (;"""11I1.1., PA 17011 their selection and that they fully ur.derstand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that thia Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received auch advice and with such knowledge and that execution of this Agreement is not the result of any dureso or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. ,. rIIIAlfC:I~L DISCLOSURB. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. .DISCLOSURIl AIID WAIVBR Or-.lRQ.gJlURAL RIQHTL. Each party understands that he or she has the right to obtain from the other party a complote inventory or list of all of the property that either or both parties own at this time or owned as of the date of Septlratlon/ and that each party haa the right to have all such pl:operty valued by means of appraisals or otherwise. Both parl:ieo understand that they have the right to have a court ho ld hear ings and make decisions on the matters covered by this Agreement. Both 5 DIANE G, RADCLIff ATTORNlY.AT.LAW S44I TalNUU ROAD CAMP HII.1., 'A. 17011 parties underatand that a court decision concerning the parties' respective rights and obligat.Lons might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests / and that the Agreement is not the result of any fraud, duress, or undue influence exercined by either party upon the other or by any Both parties other person or persons upon either party. hereby waive the following procedural rights: a. The right to obtaln an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense atatement of the other party as provided by the Pennaylvania Divorce Code, c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rulos of Civil Proc6dure. e. The right to have the court determine which property is marital and which is non-marital, 6 and equitably diatribute between the partiea that property which the court d~termines to be marital, and to aet aside to a party t;hat property which the CI)Urt determines to be that; parties' non-marital property. f. The right to have the court decide any other righta, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to poasible claims for divorco or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, and counsel fees, coats and expensea. 11. PIRBOIAL PROPIRTY. HUSBAND and WIFE do hereby acknowledge that they have previoualy agreed to a division of their tangible personal property including, but without limit6tion, jewelry, clothes, furniture, furnishings, rugs/ carpets, household goods, equipment and appliances, tools, pictures, books, works of art and other personal property. Each party shall receive as his or her sole and separate property any household goods and furnishings and personal effects which that party brought into 7 DlANl G. IlADCUff ATTOIlNlY.AT.I,AW U4I 'nINDt,! ROAI) CAMP lULL, 'A 17011 DIANE G, RADCLIff A1'TORNlY-...T.!,...W ~ 'ralNDl.1 ROAf) CAMP HII.I.. 'A 17011 the marriage. All marital household goods and furnishings and HUSBAND' S marital personal effects !Shall be the sole and separate property of HUSBAND, with the exception of the marital couch and refrigerator and WIFE'S marital personal effects which shall be the sole and soparate property of WIFE. The parties do hereby specifically waive, releaoe, renounce and forever abandon whatever cla.i.JlIs, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 12. ArTIR-ACQUIRED PROPIRTY. Each of the partieo shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, since July 25/ 1994, the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby wa.i.ves, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 8 DlANl G, RAI>Cl.IFF ATTOIIN[\'.AT.I.AW ",..I'raINO",. ROAn CAM' 11I1.1., 'A. 11nll ", 13. DJVJ8JO. or VEBJCLl8. With respect to the vehicles owned by one or both of the parties, or the net proceeds or valued derived from any prior sale or trade in thereof, they agree as folloWSI (a) 1983 Honda civil shall be the sole end exclusive property of WIFE. (b) 1993 Honda Accord (leased) shall be the sole and exclusive property of HUSBAND. The titles or lease agreements to said vehicles shall be executed by the parties / if approprJ.ate / for effectuating tranafer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle ia unavailable due to financing arrangements or otherwise, In the event any vehicle is subject to II lien or encumbrance the party receiving said vehicle as his or her property shall take it oubject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. Each of the parties hereto does 9 DIANE G, RADCUH ATTORNlY.AT.I.AW ,,....I....INIU-,.. ROAn (:AMP 11I1.1., PA 11011 specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehic le (s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph, 1.. DIVIIIO. or RIAL ..TATIL wi th reapect to the parties' real estate / owned as tenant a by the entirety, located at 12 West Locust Street, Mechanicsburg, Pennsylvania, heretofore utilized as a marital residence, and encumbered with a mortgage and mortgage note to Blue Ball National Bank with an outstanding balance in the approximate sum of $56,000,00/ the parties agree to a division of the real estate as follows: (a) At or before the s.tgning of this Agreement by HUSBAND, he will make, sign and deliver in escrow to Attorney Felix J. DeGuilio, a quit claim deed name WIFE as grantee, giving WIFE his interest in and to the parties' real est.ate. (b) At or before the signing of this Agreement by WIFE, she represents that she haB made application, in her name only, for a mortgage loan and proceeds at the current rate of interest with Blue Ball National Bank to be amortized over a period of no 10 (3) HUSBAND shall dalivel' to WIFE the aforesaid quit claim deed. (4) Upon closing of th~ mortgage loan WIFE shall have said mortgage note jo.tntly issued by the parties marked cancelled and the mortgage given by the parties to Blua Ball National Bank, as security for pllymant oJf the mortgage note, satisfied of record; and then WIFE shall return the said joint mortgage note marked cancelled and mortgage marked satisfied to HUSBAND, (d) It is understood by th~ parties that upon closing of the loan with Blue Ball National Bank that WIFE shall be exclusively re'lpollsible for payment of the new mortgage loan that she i,s now obtaining to have cancelled and satisfied the prior mortgage note and mortgage jointly executed and issued by the parties f.or purchase of the parties' real estate, held as tenants by the entirety. (e) It is understood between the parties that upon WIFE'S discharge of the pI: ior mortgage note of HUSBAND and WIFE given to Blue Ball National Bank in connection with the purchase of the parties' 12 lANE G, RAOCLlFf ATTORNEY.AT.LAW 1 ,..... 'fKINn.... ROAD CAMP IIIU., PA 11011 warranta to indemnify and hold HUSBAND harmlell8 from any and all responsibility therefor and to pay any and all attorney fees and costs incurred by HUSBAND in his defense or vindication of his rights. 15. lAC. 'ART! RETAIl. 0.. '.1.101 '~8. Each of the partiea does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, Ln any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party / whether acquired through said party'a employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan ehall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 16. DIVIIIOI or BAlK ACCOVIT.I.TOC~LI'I II8URAlC~ The partiea acknowledge and agree that they have previously divided to their mutual satisfaction all of their D1ANJ, G, RADCLIff ATI'OIlNEY.AT.I,AW ~i' 'ralNnU aOAI) (:AM. tlll,t, 'A 11011 bank accounts, certificates of deposit, IRA accounts, bonda, shares of stock, investment plans and life insurance cash value and hereafter WIFE agree a that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, 14 DIANE G. RAlJCl,UF ATTOIINlY.AT.J.AW St41 'fa.NUI.( IOAI) CAMP nll.t, 'A I7IlI1 investment plans and life insurance cash value in the posseasion of HUSBAND shall become the sole and aeparate property of HUSBAND; and HUSBAND egrees that all the said bank accounts, certificates of deposit" IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the poasession of WIFE shall become the sole and aeparate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IFA accounts/ bonds, shares of stock, investment plans and life insurance caeh value that is to become the sole and separate property of the other pursuant to the terms hereof. 17 . MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incucred or may 15 DIANE G, RADCLlH ATTORNI:Y.AT-I,AW 5441 'rR'NDI.f. ROAn CAMP HIU" ,,, 17011 hereafter incur it, and each agrea6 to pay it as the same shall become due, and to indemnify and hold the other party and hia or her property harmless from /lIlY and all such debta, obligations and liabilities. From the date of execution of thia Agreement, each party ahall use only those credit cards and accounts for ....hich that party is i.ndividually liable and the parties agree to cooperate in closing any remaining account a which provide for joint liability. 18. WAIVJ:R or IIIBIRITAlCI. Each of the parties hereto does specifically waive, releaae, renounce and forever abandon any right, title, intereat and claim, if any/ either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 1'. WIr.'8 018'18. WIFE represents and ....arrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and ....arrants to HUSBAND that she 10'111 not contract or incur any debt or liability after the execution of thiB Agreement, for ....h1ch HUSBAND or his estate might be responsible. WIFE shall 16 DIANE C, RADCLlH ATTOIl.NlY.AT.I,AW Sot41 'fR'NIU.l lUAU CAMP HIU., 'A 11011 indemnify and save HUSBAND harmlesa from any and all claima or demands mede againat him by reason of debts or obligations incurred by her. 20. BUII..D'I DIITI. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur. any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND 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. 21 . IlAJIIlRUPTCT. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and ali obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital aasets and all other rights determined by 17 this Agreement shall be 8ubjllCt to c':lurt determination the same aa if this Agreement had never b~en entered into. 22. I.COMll TU PRIOR UTVUL The parties have heretofore filed joint federal and state returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmlens the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, inter~st, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 23. rI.AL JOVITA.LI DISTRIBVTIO~ or PROPIRTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement ia a full, final, complete and equitable property division. 18 DIANE G, RADCLIFF ATTORNEY.AT.LAW W4I 'rRINnu: aOAD C:AMP "11.1" PA 17011 DlAN!: G, RADCLIff ATfORNlY.AT.I.AW 5<<11 TalNDI.l ROAO CAM' "11.1., 'A I7UII 2.. WAIVlR or ALIMOlr, ALIHOlr PIIDIITI LITI, SPOUSAL SUPPORT. ""IITIIUCI IUID COJD.... The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support/ maintenance, counsel fees and costs. 25. PIRBOIAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live aeparate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully BS if they were unmarried. They may reside at such place or places as they may s~lect. Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND I'lnd WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 211. MV~UAL RlLIASIS. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of 19 such other, for all time to comet and for all purposes whatsoever, from any and all rights, t.itle and interests, or claima in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever r.,ature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey/ or claims in the nature of dower or curtsey or widow's or widower's rights , faml.ly exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participato in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time horeafter have for past, present or future support or mainten.!nce, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation 20 DIANE G, RADCLIFF ATTORNlY-AT-I,AW U41 TIINUU: ROAD CAMP fllI.I., PA 17011 or otherwise, except, and only eXI:ept, all righta and agreements and obligations of whatsoover nature arising or which may arise under thia Agreemont or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to each other by t,he execution of this Agreement a full, complete and general release with rllspect to any and all property of any k.ind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise unde~ this Agreement or for the breach of any provisions thereof. :1'7. WAIVBR OR MODIFICATIt)1I TO 81L.l!LWRITIIICJ. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 28. MUTUAL COOPllRATIOII. Each party shall, at any time i!nd from time to time hereafter, take any and all steps and execute/ acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require 21 DIANE G. RADCLIff ATTORNlY.AT.LAW 54.- 'ralNDI.l aOAn CAMP 1111.1" 'A 11011 DIANE G. RADCLIFF ATII)J.NI:Y.AT.LAW S44I TaJNDl." lOAn CAM' HILI.. 'A 17011 32 . .0 WAInll or DlrAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon atrict performance of any of the proviaions of this Agreement shall in no way affect the right of such party hereafter to enforce the aame, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict porformance of any other obligations herein. 33 . IBACH. If for any reason either HUSBAND or WIFE fAil J to perform his or her obligations heraunder to the other spouss/ and the other opouse incurs any expense thereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations llgrees to indemnify the other spouse and hold him or her harmless from any and all auch expenses. 23 DIANE G, RADCLIFF ATfORNlY.AT.LAW SoW' TIINOU. lOAn CAMP HILL. PA 11011 36. IIVWRABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term/ condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or hel: obligations under any one or more of the paragraphs herein, with the exception of the aatisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 35. LAW 0' PIIWSYLVARIA AP'LICAB~ This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylva~ia. 36. HIADIKGS ROT PART or AGRlIMIlIL. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, co~struction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS 24 '. BINDING UPON THE PARTIES AS IF 'fHEY WERE ORDERED BY THE COURT AF~ER A FULL HEARING. XI "XTIIII WHIRIOr, the parties hereto have set their hands and seals the day and year first above written. WITNESS: JO (SEAL) (SEAL) DA 25 DIANE G, RADCLIff ATTORNEY.AT.LAW t4fI TRINDI.1. ROAO CAM' tULL. PA 17011 , . . COMMONWEALTH OF PENNSYLVANIA I I SS. COUNTY OF CUMBERLAND I ,. :/1 . . f . 01 J On this the ,_~ day of ,lJw!... nl ,( ,l, / 19!:.i!::.-, before me the undersigned officer, personal y appeared, JO ANN MOLINJ'.RO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF/ I hereunto set my hand and notarial seal. ,- r~(ltjlt1dl :V'll1 RtlI')Il1 Z"St't-'lI'an !"KJI;lIV PlJhl1r ~kk:'ln-) ~fJ.cIJrt~""'d,\l('f,f,_ il~ yLOllll"I~l\lOl' Elipr..-:;,J.11'y.! ',If) )'.. t" , ^ t!; I) -./,l JI") Itt I) ~p.R. PUBLIC I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. ,-) Iii .. (\'" J I (/' </ On thi,s the ... day of :-....JLi,,'(1l )1. / 19 , before me the undersigned officer, personally appeared, DAVID P. MOLINARO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed t,he Ilame for the purposea therein contained. IN WITNESS WHEREOF, I have herounto set my hand and notarial seal. rJ,.'I,II-, ",,-1 nd'lill1. HI ',JI~tln "~ "r"l f"l1 ,hll!, ~ldd~IHi. r~r '>u"I. ,"l(" ;1}1 Illy Mycoll1rnl">~tOI' E_01Q-:I,Ju\o.l -~'15 . ,J' I )/ I \.J\d,11 ), \ (\,). !/); \ ~'~RY IpUBLIC -,- w ". 26 DIANE G. RADCLIff ATTOIlN1Y.AT.I,AW U41 'raINDI.'. ROAI) UN. 1111.1.. 'A 17011 JO ANN MOLINARO, t PLAINTIFF t t VB. t t DAVID P. MOLINARO/ t DEFENDAN'l' t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-4123 CIVIL TERM CIVIL ACTION - {,AW IN DIVORCE PRAJ:CI'. TO TRAIIIItll UCOIW 'ro the Prothonotary t 'rrosnsmit the record, together with the following information, co the court for entry of a divorce decreet 1, Ground for divorcet irretrievable breakdown under Section 3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: CERTIFIED MAIL/RES'rRICTED DELIVERY RECEIVED ON AUGUST 2, 1994. 3. Complete either paragraph (a) ,or (b)t (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff: DECEMBER 28, 1994; by the Defendant: DECEMBER 28, 1994 (b)(l) Date of execution of the Defendant's affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of service of the Defendant's affidavit upon the Plaintiff: N/A. 4. Related claims pendingt NONE. ALL ISSUES HAVE BEEN RESOLVED BY 'rHE PARTIES' MARRIAGE SETTLEMENT AGREEMENT DATED DECEMBER 5/ 1994. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. SQUIR; ~ ( Plaintiff -, '... -J -~ ,11 I.j' ~ ......., ... "', , . , -.. " ~~ .... '1 -,.' ~ ~ 't '" ~ "- .J , .... \." '~J ~ ~ ..... -.J .,\ ........, ['" c;.'.. .-t ~ " "'.....;. , \.- .I~ r "" :5 ...1; t'J r- ('I") , . J ~ '. t, .." -,I '.. J (, 'J) - ., . - ~ '.... " I"~ . ~ ~ - , .... ,""' .:x> , l..J \,.; ~ , '>() .... '':;-- '~ . -..... ....... II'"! ~ ...... ~ 'J .!f " tit- ~ , ~3]~ ~ ~~of, d~~i ~j!! , ' " , DIANE G, RADCLIFf ATTORNlY.AT-J.AW 5441 yaINDl.lIlO..\U CAM. HII.I., 'A 11011 5. There have been no priOLo IIctions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member. of the Armed Servicea of the United States or any of its Allies, 8. The Plaintiff avers that the grounds on which the action is based are: (8) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties ar.e now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have llved separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divOJ:cing the Plaintiff and Defendant. COUIIT II I ![Q.\[J.~!.nLJ!.':_!!.Tln!!.UTIO. 9. Paragraphs 1 thr.ough 6 are incorporated by reference hereto as fully as though the same were set forth at length. 3 d!; . . , , ,~ .~ ,fg "I " ,. .J) >1 III .. a: '.. ~ "'r , , . . . , ~~]~ ! ~,'i~ . ~ ,~;: t.:l '" i-o :c ~j~! .. . .. , ~: II JO ANN MOLINARO, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 94-4123 CIVIL TERM DAVID P. MOLINARO, CIVIL ACTION - LAW DEFENDANT: IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE AND NON-PARTICIPATION IN COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 25, 1994. 2. Defendant acknowledges that service of the Complaint was made by Certified Mail/Restricted Delivery dated August 2, 1994. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. Being so advised, I do not request that the Court require counseling prior to a Decree in Divorce being handed down by the Court. 5. I consent to the entry of a final Decree in Divorce. 6. I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made eubject to the penalties of 18 Pa. C,S. Section 4904 relating to unsworn falsification to authorities. Dated: 12/28/94 (jj /V\~) ,lD DAVID P. MOLINARO DIANE C, RADCLIff ATIORNIY.AT.LAW S+4lJ TalNOLI ROAn CAMP HlLI..'A 17011 '. ' I, ~ ~~ . ~r '. -, ~ , " 1'1, <, " ~ '. ,.' 00 , ' en ~ ~ ~, .:J ~ ! , ! "