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HomeMy WebLinkAbout02-3758PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-3rl[l~ CML TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through her attorney Peter J. Russo, and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 138 Hill Lane, Meehanicsburg, PA 17050 Cumberland County, Pennsylvania and is a citizen oftbe United States. 2. Defendant is an adult individual residing at 138 Hill Lane, Mechanicsburg, PA 17050 Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months and has resided continuously therein for at least six months prior to filing of this Complaint. ].,AW OFFICES OF PETER J, RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717) 591-1755 4. Defendant has been a resident of the Commonwealth of Pennsylvania for at least six months and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on August 8, 1998 in Altoona, Pennsylvania. 6. There are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. There has been no prior action for divorce by either party against the other. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of 9. its allies. 10. 11. Plaintiff avers that the marriage between the parties is irretrievably broken. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in enunseling, but does not request the Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, YVONNE MANN, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two )arties. COUNT II: DIVORCE - E(?UITABLE DISTRIBUTION 13. Plaintiff hereby incorporates by reference averments 1 through 12 of this Complaint if each averment were set forth fully hereunder. I.,AW OFFICES OF PEIER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 591-1755 14. Plaintiff and Defendant have acquired property, both real and personal, during the :ourse of their marriage. 15. The parties have also acquired home furnishings, motor vehicles, bank accounts, retirement accounts, investments and miscellaneous items of personal property. 16. Thus far plaintiff and defendant have been unable to agree as to an equitable distribution of said property, therefore Plaintiff requests the equitable distribution of said marital property. WHEREFORE, Plaintiff, YVONNE MANN, prays that a decree be entered in favor of the Plaintiffand against Defendant as follows: A. That a decree be entered granting equitable distribution of marital property. 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF I~TER J. RUSSO 3800 MARKET STREET CAMPI-II~L, PA 17011 PHONE (717) 591 - 1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff YVONNE MANN : Plaintiff : : V. -' : PATRICK MANN : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - CML TERM IN DIVORCE VERIFICATION I, YVONNE MANN, verify that the statements made in the foregoing document are tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §490~ relating to unswom falsification to authorities. Date: LAW OFFICES OF PETER J. Rvsso 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717) 591-1755 kfVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002- ~'CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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 fights 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 request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Cour~ House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAVgYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HffuL, PA 17011 PHONE (717) 591-1755 YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002~ CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Melissa M. Mehaffey, hereby certify that I am on this day serving a copy of the foregoing Divorce Complaint upon the person (s) and in the manner indicated below; Service by First-Class Mail, Postage Prepaid, and Addressed as Follows: PATRICK MANN 2510 STRASBURG ROAD EAST FALLOWFIELD, PA 19320 Melissa M. Mehaffey, P~l~al Date: LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 591-1755 YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002-~5~IVIL TERM IN D ORCE STIPULATED ALIMONY AGREEMENT AND EQUITABLE DISTRIBUTION This Agreement is hereby made and entered into this ~'~ .day of ~ , 2002, by and between YVONNE MANN, "Wife," and PATRICK MANN, hereinafter "Husband." Witnesseth: Whereas, the Parties hereto are husband and wife, having been married on August 8, 1998; and Whereas, marital differences and difficulties have arisen between the Parties; and Whereas, Parties have separated physically and intended to continue to live apart and desire to forever completely settle, separation of their marital and nonmarital, real and personal, belonging to either and/or both of the parties hereto and all other rights, entitlements, benefits, and privileges involved between the parties hereto arising directly or indirectly out of the marriage relationship; and Whereas, Parties have had adequate time and opportunity to consult with separate legal counsel of their own; and LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717~ 591-17q~; Whereas, both Parties acknowledge that they are satisfied with the legal advice they have received and understand the full importance of the Agreement they are entering into; and Now, Therefore, the parties, in consideration of the foregoing premises, and the mutual promises and undertakings hereinafter set forth, agree as follows: 1. RIGHT TO LIVE SEPARATE It shall be lawful for Husband and Wife at all times hereinafter to live separate and apart from each other and to reside from time to time at such place or places as he and she shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. The foregoing provisions shall not be taken to be any admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. 2. FREEDOM FROM INTERFERENCE Each party shall be free from interference, authority and contact by the other as if he or she were single and married except as necessary to carry out provisions of this Agreement. Neither party shall harass the other or attempt to endeavor to harass the other, nor compel the other to cohabit with the other, or in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DISTRIBUTION AND REI.EASE OF MARITAL DEBT The parties agree: a. Wife assumes full responsibility for any indebtedness which she has contracted or incurred in her name, alone or jointly, after the date of separation. Wife represents and warrants to Husband that, since the date of separation, she has not contracted or incurred any debt or liability, for which Husband or his Estate might be responsible, and shall indemnify and LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717~ n;O 1 - ! 7q q save Husband haxmless from any and all claims or demands made against his or his Estate by reason of debts or obligations incurred by Wife and/or assumed herein. b. Husband assumes full responsibility for any indebtedness which he has contracted or incurred in his name, alone or jointly, after the date of separation. Husband represents and warrants to Wife that, since the date of separation, he has not contracted or incurred any debt or liability, for which Wife or her Estate might be responsible, and shall indemnify and save Husband harmless from any and all claims or demands made against her or her Estate by reason of debts or obligations incurred by Husband and/or assumed herein. Wife's name shall be removed from First Card credit card, which is utilized by Husband, wherein Husband is solely responsible for said credit card. 4. DISTRIBUTION OF VEHICLES a. Wife shall assume all payments, including all loan and insurance, connected with the 1992 Nissan Maxima.. Husband agrees to take whatever steps are necessary to place title of said vehicle in Wife's name. Husband agrees to pay for the inspection, new tires, and any repairs needed prior to returning the vehicle to Wife. b. Husband shall assume all payments, including all loan, insurance and repair bills connected with the 1986 Ford Mustang, and the 1997 Ford Explorer. 5. DISTRIBUTION OF REAL PROPERTY During the course of this marriage, the parties purchased a marital residence located at 138 Hill Lane, Mechanicsburg, Pennsylvania. The parties have agreed Wife may remain in the marital residence, until such time in which the residence is sold. The proceeds from the sale of the residence shall be used to satisfy the existing mortgage in favor of National City Mortgage. Any LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 costs or proceeds shall be divided equally between Husband and Wife, as a result of the sale of said residence. 6. CONTENTS OF THE MARITAL RESIDENCE As of the date of the execution of this Agreement, the parties shall transfer and assign their rights, title, claim and interest in specific property as set forth on Exhibit A. With the exception of the items set forth on Exhibit A, Wife shall have as her own, free and clear of any claims of Husband, all of the items, household goods, furniture, fumishings, appurtenances, and appliances presently in her possession. With the exception of the items set forth on Exhibit A, Husband shall have as his own, free and clear of any claims of Wife, all of the items, household goods, furniture, furnishings, appurtenances, and appliances presently in his possession. 7. MISCELLANEOUS PROPERTY - PERSONAL and MARITAL With the exception of the items set forth on Exhibit A, it is further agreed that both Husband and Wife shall retain as his or her own any and all personal effects, clothing, and personal jewelry. The parties further agree that any property not assigned in this Agreement as marital or nonmarital property will be deemed the property of the physical possessor of said property. Husband shall pay to Wife: a) $1,050.31 in August for the mortgage payment on the marital residence, and continue monthly thereafter for a total of six months of payments, or until the residence has been sold, whichever is earlier. Wife may, at that point sell the marital residence, or reside there, while continuing to pay said mortgage payment. LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717'~ 591-17~ 8. RETIREMENT ACCOUNTS The parties shall keep all IRA's, 401k's, CD's, and other retirement accounts which are held in their names as personal property, free and clear of claims from the other party. Wife shall remove her name from Husband's Boening & Scattergood Evergreen account and Husband's E-trade stock account. 9. JOINT ACCOUNTS The parties further specifically agree that all bank, savings, cash and checking accounts shall become the sole property of party named on the account. The parties joint account with PNC Bank shall be transferred into Husband's name alone. 10. TAX LIABILITY The parties hereto 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 property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to 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 State income tax return. 11. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her fight to any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with Pennsylvania's Divorce Code. 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, PM LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PLIf~lq~ 1'71 '7'1 4;(}1 _ 1 -'/t:< administrators and assigns, release and discharge the other of and from all caused 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 causes of action for divorce and except any or all caused of action for any breach of any provision of this Agreement. Each party also waives his or her right to request marital counseling pursuant to Pennsylvania's Divorce Code. 12. ALIMONY Both parties mutually waive all spousal support or alimony from the other. Both parties acknowledge and agree that the provisions of this Agreement providing for the waiver of alimony are fair, adequate and satisfactory based on actual need, ability to pay, duration of the marriage and other relevant factors 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 filed by Husband or Wife shall be deemed an order of the court any may be enforced as such, this Agreement, insofar as it pertains only to spousal support and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified, suspended, terminated or reinstated at the instance of request of either party, or subject to further order of any court upon changed circumstances. Upon that condition, both parties hereby accept the provisions in this Agreement in lieu of and in full and fmal settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for spousal support or alimony and both parties voluntarily and intelligently waive and relinquish any rights to seek a modification, suspension, termination, reinstatement, or other court order with respect to the terms of this Agreement pertaining to the payment of support or alimony. 4. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE (717~ 591-1755 Both parties hereby acknowledge and accept that the provisions of this Agreement providing for the equitable distribution of marital property are fair, adequate and satisfactory to them. Both parties agree to accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees any expenses during and after the commencement of any divorce proceeding between the parties. 14. INCOME TAX RETURNS Husband and Wife agree to file individual tax returns for each year beginning for the tax ~ear of 2002. 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any ~ay, 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, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and ail instnmaents which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 16. AGREEMENT NOT PREDICATED 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 Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, PM LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 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 commencing, instituting or prosecuting any 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 been, may or shall be instituted by the other party, or from making any just or proper defense thereto. 17. SUBSEQUENT DIVORCE A divorce proceeding shall be commenced by Wife against Husband in Cumberland County. The parties hereby mutually consent to a divorce and the entering of a divorce decree on the no-fault grounds that their marriage is irretrievably broken pursuant to §3301(c) of the Pennsylvania Divorce Code. Parties herein shall execute Affidavits of Consent and a final decree in divorce will then be obtained. 18. BREACH AND ENFORCEMENT If either party hereto breaches any of the provisions of this Agreement, the other party shall have the right to bring any actions or actions in law or equity for such breach, and the breaching party shall be responsible for the payment of all costs and reasonable legal fees incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either party in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection 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 I I jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum LAW OFFICES OF PETER J. RUSSO PM 3800 MARKET STREET CAMPHILL, PA 17011 PHObm (717~ ~;Ol-17q~i of equity in mutual recognition of the present state of the law, and in recognition of the general urisdiction of Courts in Equity over agreements such as this one. 19. RE-ACKNOWLEDGMENT Each party acknowledges that it may be appropriate and required that this Agreement be re- ~cknowledged at some time in the future before the Clerk of the Commonwealth Court, Clerk of Orphans Court or some other Court, and each party agrees that they will re-acknowledge their signature before the Clerk of such Court upon request of the other party so that this Agreement may comply with the acknowledgment rules and provisions of any such Court. 20. ADDITIONAL INSTRUMENTS Each of the parties hereto agrees that he or she will join in the execution, acknowledgment and delivery of any deed or other document which may be reasonably necessary to carry out the intent of this Agreement, and, in the event either of the parties hereto would not join in the execution, acknowledgment and delivery of such instrument, then such party does hereby irrevocably appoint the other party hereto as his or her Attorney-in-Fact to execute, acknowledge and deliver such instrument hereby ratifying all that such other party hereto may do by virtue hereof with a copy of this Agreement to be a sufficient Power of Attorney to carry out the intent and purpose of this paragraph. Nothing contained in this section shall affect the right of one party to expressly include or exclude, as the case may be, the other party as beneficiary in any will, insurance policy or other document whether the same is presently in effect or would become effective in the future. 21. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective legal representatives, and each party acknowledges that the Agreement is PM LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONF (717'/q01-17'~'~ fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both and that it is no the result of any duress or undue influence. The parties acknowledge that ' have been furnished with all information relating to the financial affairs of the other wlfich has been requested by each of them or their respective counsel. 22. ENTIRE AGREEMENT This Agreement contains the entire understanding of the parties and there are not representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. DISCLOSURE Each of the parties hereto acknowledges that there has been full disclosure of all relevant matters of each party to the other party, that each of the parties is fully cogni?ant of his and her legal rights and liabilities with respect to the terms and conditions of this Agreement, that he and understand the legal effect of this provisions of this Agreement and acknowledge that this ~greement is fair and equitable to each of the parties hereto, and that this Agreement was entered into voluntarily and without any undue influence or duress upon either party hereto. LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 24. MODIFICATION AND WAIVER This Agreement shall constitute a full, complete, and total binding Agreement between the parties concerning support, maintenance, alimony and property settlement, and is precluded from modification EXCEPT if the parties specifically agree to modify this Agreement. Any and all modifications to this Agreement shall only be by written agreement containing the same fonmlities as this Agreement and shall exhibit the notarized signatures of both parties, along with two witnesses. The parties specifically agree that they may rescind this Agreement only by written agreement containing the same formalities as this Agreement which shall exhibit the notarized signatures of both parties, along with two witnesses. Any waiver of a breach of any provision of this Agreement shall not constitute an ongoing waiver. 25. ..PRIOR AGREEMENTS This Agreement constitutes the entire understanding and agreement between the parties hereto, and there are no other representations, warranties, covenants, understandings or agreements other than those expressly set forth herein. 26. INCORPORATION INTO DECREE OF DIVORCE Unless as otherwise provided herein, this Agreement shall be incorporated in and made a part of any Decree that might be entered in any dissolution proceeding between the parties hereto upon the filing by either or both parties of an executed copy of this Agreement in such action and same may be incorporated by reference into any such Decree or court order. LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 27. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the fights or obligations of the parties. 29. INDEPENDENT AND SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto, that each paragraph shall be deemed a separate and independent covenant and agreement. 30. APPLICABLE LAW This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. 31. 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 32. AGREEMENT BINDING ON HEIRS This Agreement Shall inure to the benefit of and shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns. 33. EFFECTIVE DATE This Agreement shall be considered to be effective at 12:01 a.m. on the date set forth on page one of this Agreement. LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717~ 591-17~;n; In Testimony Whereof, witness the signature of the parties hereto this __ ,2002. ~-/'~day of__ PATRICK MANN Witness for PATRICK MANN Witness for YVONNE MANN LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHt3Nt: (7'17] 501-17~ STATE OF COUNTY OF ~J ~t~ ge-~L,~ ral) SS. personally appeared PATRICK MANN and in due form of law acknowledged the foregoing Property Settlement Agreement to be her act and deed, and desired that the same might be recorded as such. Sworn to and subscribed before me this ~/~day of~t~l~b~-~ , 2002. ! Notary Pubhc Notarial Seal lvlary J. Gouffer, Notary Public S. ilver_ Sp~.g.Twp:, Cnmbednnd County ~v~y ~onm~ssmn Expires Nov. 17, 2003 Men'~er, Pennsylvania Aaaoctatlon of Nolade$ LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PHONE iT! 7~ ~o! .! 7qq COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the ~-~day of ~ ~-~m~,-~ 2002, before me, a Notary I ' Public, personally appeared YVONNE MANN and in due form of law acknowledged the foregoing Property Settlement Agreement to be his act and deed, and desired that the same might be recorded as such. Swom to and subscribed before me this ~'t~day Notary Public LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPH1LL, PA 17011 PHONE (717] 591-1755 EXHIBIT A Items to be retained by Mr. Mann: 1. Guest room furniture, to include desk 2. Living Room 3. Computer and printer 4. Workshop items, to include tools & workbench items 5. Mr. Mann's stereo and 4 speakers 6. Canoe 7. Hmxting/fishing/camping gear 8. Grill 9. Snowblower 10. China 11. 1 VCR 12. Special pots and pans 13. Barbells (brought into marriage) 14. Nordic Track 15. Basement refrigerator 16. TV (brought into marriage) 17. Small dining room table 18. Patio swing 19. Mr. Mann's wedding ring LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 Pl4o~q~ (717~ qO ~ - ! ?q q Items to be retained by Mrs. Mann: 1. Master Bedroom 2. Office furniture 3. Current dining room furniture 4. Family room furniture 5. Pfaltzgraf dishes and silverware 6. TV (brought into marriage) 7. Aiwa stereo 8. VCR 9. Clock radio 10. Kitchen refrigerator 11. Freezer 12. Washer & Dryer 13. Lawnmower 14. Treadmill 15. Bicycle 16. Punching bag 17. Bench 18. Wedding album 19. Bath items (currently in bathroom) 20. Patio furniture 21. Mrs. Mann's wedding and engagement rings 22. Tools (brought into marriage) LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL, PA 17011 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaimiff YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. CMn IN DIVORCE ACKNOWI,EDGMENT OF SERVICE OF COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, Defendant. PATRICK MANN, and does hereby acknowledge that on the date indicated below he did receive a verified copy of a Complaint in Divorce filed against him in the above captioned case. PATRICK MANN DATED: Notarial Seal Mary J. Goofier, Notary Public Silwr Spring Twp., Cumberland County My Commission ~,xpir~s Nov. 17. 2003 LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP H~LL, PA 17011 PHONE (717) 591-1755 YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3758 IN DIVORCE CIVIL ACTION - LAW CIVIL TERM PRAECIPE TO WITHDRAW ECONOMIC CLAIMR To the Prothonotary: Please withdraw Count II: above captioned matter. Divorce-Equitable Distribution in the Date: September 6, 2002 Very truly yours, Peter J. Russo, Esq. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff YVONNE MANN Plaintiff PATRICK MANN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3758 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 5~ 2002. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce: without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 591-1755 7. Being so advised, I, YVONNE MANN, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to Authorities. DATE LAw OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMPHILL~ PA 17011 PHONE (717) 591-1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 YVONNE MANN Plaintiff PATRICK MANN Defendant Attorney for Plaintiff IN THE COURT ,OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2OO2 - 3758 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301 c OF THE DIVORCE CODE I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. ' 3. I consent to the entry of a Final Decree of Divorce without further notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a divorce decree is entered by the Court and. that a cop5, of the decree will be sent to me immediately- after it is filed with the Prothonotary's Office. 6. 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. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, PATRICK MANN, do not request that the Court require my spouse and me to participate in counseling prior to a divorce decree being handed down by the Court. LAW OFFICESOFPETERJ. RUSSO 3800MARKETSTREET CAMP HILL, PA 17011 PHONE(717)591-1755 I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to Authorities. DATE PATRICK MANN LAW OFFICES OF PETER J. Russo 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 591-1755 PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff ~(VONNE MANN Plaintiff PATRICK MANN Defendant Vo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 3758 IN DIVORCE CIVIL TERM .PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Divorce Code. Ground for divorce: Irretrievable breakdovm under Section 3301( c ) of the 2. Date and manner of service of the Complaint: Complaint served on PATRICK MANN by Certified Mail, with return receipt on August 10, 2002. 3. Date of execution of the plaintiffs affidavit required by Section 3301(c) of the Divorce Code: ,December 11~ 2002, Date of service of plaintiffs affidavit on defendant: ..December 19, 2002. Date of execution of the defendant's affidavit required by Section 3301 (c) of the Divorce Code: February. 3~ 2003. 4. Related claims pending: None Date: Peter J. Russo LAW OFFICES OF PETER J. RUSSO 3800 MARKET STREET CAMP HILL, PA 17011 PHONE (717) 59 I- 1755 IN THE COURT OF COMMON PLEAS Plaintiff PATRICK MANN VERSUS Defep~a~t OF CUMBERLAND COUNTY STATE OF ~~.~~. PENNA. 3758 DECREE IN DIVORCE AND NOW, DECREED THAT , 2003 , IT IS ORDERED AND , PLAINTIFF, AND PATRICK MANN , DEFENDANT, ARE DIVORCED FROM THE bONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLI_OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties have executed ~ pr~r~_~,-;y -~l~;-~n~ ;)~nr~:m~i;~_ which ~b=l ! ~ in~rat~, but ~t ~ into ~is decry, ~id Pr~LF settl~t a~~t was fil~ wi~ ~e ~ ~ ~pt~ 11, 2002. BY THE COURT: -~~~ / PROTHONOTARY