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HomeMy WebLinkAbout02-3777~-~AMMY j. DESIMONE, Plaintiff Ve ROBERT A. DESIMONE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION _ LAW : NO'D~ ~.~77~ CIVIL TERM : IN DIVORCE NOTICE 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. mayproceed without you and You are warned that if you fail to do so, the case court. A judgment a decree in divorce or annulment may be entered against you by the 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 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 Courthouse, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. : IN THE COURT OF COMMON PLEAS OF TAMMY J. DESIMONE, Plaintiff V. ROBERT A. DESIMONE, JR., Defendant i CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN DIVORCE COMPLAINT IN DIVORCE PURSUANT .TO SECTION 3301(c) OF T~HE D~VORCE CODE NOW comes the plaintiff, TAMMY J. DESIMONE, by her attorney, Marcus A. McKnight, III, Esquire, and files this Complaint in Divorce against the defendant, ROBERT A. DESIMONE, JR., representing as follows: 1. The plaintiff is Tammy J. DeSimone, an adult individual residing at 110 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Robert A. DeSimone, Jr., an adult individual residing at 110 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on March 11, 1995. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the part/es is irretrievably broken 7. The plaintiff avers that she has been advised of the availability of counseling and that said party has the fight to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Date: August 6, 2002 Respectfully submitted, IRWIN, Mc IGHT & GHES ~u ..~?st l~omfret Street \ ?~a.r_l! _~Pennsylvania- -170~ 3 _3222 Supreme Co~76 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: August 6, 2002 TAMMY J. DESIMONE, Plaintiff V. ROBERT A. DESIMONE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. CML TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Pmthonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: August 6, 2002 TAMMY~J. DE~IMONE TAMMY J. DESIMONE, Plaintiff ROBERT A. DESIMONE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CML ACTION - LAW : NO. C~ - 377'-] CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Robert A. Desimone, Jr., on August 10, 2002, by certified, restricted delivery mail, addressed to him at 110 Shirley Lane, Boiling Springs, Pennsylvania 17007, with Return Receipt Number 7001 2510 0009 2828 4432. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18~]~a. C. S. ~ection/4904, relating to unswom falsification to authorities. J/ /~ / / ESQUIRE Attorney for Pla~j~ Date: AUGUST 13, 2002 =13 Postage ru ResSic~<t DelNee/F~I~' (Endoraement Require, r-~ Total Po~tage & Fete USE PS Form 381 1, March 2001 7001 2510 0:009 2828 4432 TAMMY J. DESIMONE, ~ Plaintiff ROBERT A. DESII~ DEFEi~ The defendan 1. I have be~ may request that the ~ 2. I understar Office, which list is ay 3. Being so a participate in counseli~ I verify that th{ false statements herein unswom falsification t Date: October ~ ONE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-3777 CIVIL TERM : IN DIVORCE ~ANT'S MARRIAGE COUNSELING AFFIDAVIT being duly sworn according to law, deposes and says: advised of the availability of marriage counseling and understand that I urt require that my spouse and I participate in counseling. that the court maintains a list of marriage counselors in the ProthonotatT's ailable to me upon request. tvised, I do not request that the court require that my spouse and I g prior to a divorce decree being handed down. statements made in this affidavit are true and correct. I understand that made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to . authorities. __.,2003 ROBERI~.. DESIMONE, JR. TAMMY J. DESIMONE, , Plaintiff ROBERT A. DESIMONE, JR., Defendant D 1. A Compla: August 6, 2002. 2. The marria, elapsed from the date 3. I consent to 4. I understam fees or expenses ifI de I verify that th~ false statements herei unswom falsification Date: October : IN THE COURT OF COMMON PLEAS OF .- : CUMBERLAND COUNTY, PENNSYLVANIA .. CIVIL ACTION - LAW : 2002-3777 CIVIL TERM : IN DIVORCE EFENDANT'S AFFIDAVIT OF CONSENT nt in Divorce under Section 3301(c) of the Divorce Code was filed on ;e of plaintiff and defendant is irretrievably broken and ninety days have f the filing of the complaint. Ihe entry of a final decree in divorce. · that I may lose rights concerning alimony, division of property, lawyer's not claim them before a divorce is granted. statements made in this affidavit are true and correct. I understand that made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to ~ authorities. ,2003 OBERT A~'DESIMONE, JR. TAMMY J. DESIMONE, Plaintiff ROBERT A. DESIMONE, JR., Defendant WA 1. I consent tc 2. I understan, fees or expenses ifI dr : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-3777 CIVIL TERM : IN DIVORCE 3. I understant and that a copy of Prothonotary. IVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .SECTION 3301{c) OF THE DIVORCE CODE the entry of a final Decree of Divorce without notice. I that I may lose rights concerning alimony, division of property, lawyer's not claim them before a divorce is granted. that I will not be divorced until a divorce decree is entered by the Court he decree will be sent to me immediately atter it is filed with the I verify that th~ statements made in this affidavit are hue and correct. I understand that false statements herei~made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification tq authorities. Date: October ~,2003 ROBERt{. DESIMONE, JR. Defendant TAMMY J. DESIMONE, llaintiff ROBERT A. DESIM¢ P1 1. A Complai August 6, 2002. 2. The marria elapsed from the date 3. I consent tc 4. I understan~ fees or expenses ifI d( I verify that th false statements herei~ unswom falsification Date: October }NE, JR., ~efendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-3777 CIVIL TERM : IN DIVORCE AINTIFF'S AFFIDAVIT OF CONSENT at in Divorce under Section 3301(c) of the Divorce Code was filed on ~ of plaintiff and defendant is irretrievably broken and ninety days have ,f the filing of the complaint. ~he entry of a final decree in divorce. that I may lose rights concerning alimony, d~ws~on of property, lawyer not claim them before a divorce is granted. statements made in this affidavit are true and correct. I understand that made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to a authorities. ,2003 DESIMONE TAMMY J. DESIM(] ROBERT A. DESIM WA 1. I consent 2. I understan fees or expenses ifI & 3. I understan and that a copy of Prothonotary. I verify that th false statements herei] unswom falsification Date: October NE, Plaintiff )NE, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2002-3777 CIVIL TERM : IN DIVORCE VER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE the entry of a final Decree of Divorce without notice. I that I may lose rights concerning alimony, division of property, lawycr's ~ not claim them before a divorce is granted. I that I will not be divorced until a divorce decree is entered by the Court [he decree will be sent to me immediately after it is filed with the statements made in this affidavit are true and correct. I understand that made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to authorities. .,2003 · DESIMONE Plaintiff TAMMY J. DES1MONE, Plaintiff Vo ROBERT A. DESIMONE, JR., Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-3777 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Robert A. Desimone, Jr., on August 10, 2002, by certified, restricted delivery mail, addressed to him at 110 Shirley Lane, Boiling Springs, Pennsylvania, 17007, with Return Receipt Number 7001 2510 0009 2828 4432. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff.' October 29, 2003; by defendant: October 29, 2003. (b)(1) Date of execution of the affidavit required by Section 330 l(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: Co) Date plaintiffs Waiver of Notice in Section 3301(c) Divome was filed with the Prothonotary: November 4, 2003. Prothonotary: Date defendant's Waiver of Notice in Section 331 October 31, 2003. Date: November 13, 2003 · /~l~c)//D/~vorce was filed with the ~v~.~cus A ~. cKnight, III, Esquire A~Plaintlff MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this day of. t2qt~',/ , 2002, by and between ROBERT A. DESIMONE, JR. (hereinafter referred to as "HUSBAND") and TAMMY J. DESIMONE (hereinafter referred to as "WIFE"). · WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on March 11, 1995, and have not yet separated; and WHEREAS, diverse, unhappy differences, disputes a~ad difficulties have arisen between the parties and it is the intention of HUSBAND and WIYE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between 'them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. The parties hereto agree and covenant as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart fi.om each other. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forew~'r determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a Sale or exchange of assets. Further, the parties agree to continue living separately and apart fi.om the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 2 The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. respectively: Each party to the Agreement acknowledges and declares that he or she, (1) is represented by counsel of his or her own choosing; or if not represented by counsel, understands that he or she has the right to counsel; (2) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (3) enters into this Agreement voluntarily aRer receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the patties in all property that they own sepea:ately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may bece.me liable. ' Each further represents and warrants that he or she has not made any girls or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 4 SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE. WIFE will not provide any financial support to the HUSBAND. The parties also waive any right they have to receive alimony payments fi.om the other following the entry of the Divorce Decree in this matter. CHILD SUPPORT: The parties agree that WIFE will not seek child support for the minor children, Dominick M. DeSimone and Corbin A. DeSimone. The parties agree to equally pay for any daycare expenses or other activity costs. HUSBAND agrees to place the sum of $50.00 per child every month into a mutual fund account in the name of the each child. PERSONAL PROPERTY: WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. REAL ESTATE: to WIFE. 10. HUSBAND agrees to convey his interest in the marital real estate 5 11. AUTOMOBILES: WIFE hereby waives all fight, title and interest in any vehicle that HUSBAND currently owns or may own in the future. HUSBAND shall hold WIFE harmless for any and all liability associated with the use and debt of the 1996 Jeep HUSBAND owns, and shall be solely responsible for all insurance and other financi,tl responsibility associated with said vehicle. HUSBAND hereby waives all fight, title and interes~ in any vehicle that WIFE currently owns or may own in the future. WIFE shall hold HUSBAND harmless for any and all liability associated with the use and purchase of any vehicle she may own, and shall be solely responsible for all insurance and other financial responsibility associated with said vehicle. HUSBAND will receive sole title to the 1981 Chevrolet Corvette automobile. 12. MARITAL DEBTS: It is mutually agreed by and between the parties that WIFE shall assume all liability for and pay and indemnify the HUSBAND. against all debts incurred by WIFE after the date of separation as well as the mortgage and the home equity loan which WIFE will refinance into her own name. WIFE represents and warrants 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 warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE 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. The parties will equally divide the Visa credit card debt with Members First Federal Credit Union. Each will assume approximately $1,500.00. 6 HUSBAND shall assume all liability for and pay and indemnify the WIFE against all debts incurred by HUSBAND after the date of separation. 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. 13. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that each will keep their own employee benefits. 14. INVESTMENTS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in any and all investments and financial accounts of the HUSBAND, and HUSBAND agrees to waive all right, title and interest which he has in any and all investments and financial accounts of the WIFE. 15. CUSTODY AND INCOME TAX EXEMPTIONS: WIFE will have primary physical custody of Dominick M. DeSimone and Corbin A. DeSimone. WIFE will be entitled to use them each year as Federal income tax exemptions. 7 16. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce:. 17. BREACH: If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the 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 either been fully explained to the parties by their respective counsel, or have been fully reviewed and understood if not represented by counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties agree that unless otherwise specifically 8 provided herein, this Agreement shall continue in full fome and effect after such time as a final Decree in Divome may be entered with respect to the parties. The parties further agree that the terms of this Agreement shall be incorporated into any Diw)rce Decree which may be entered with respect to them. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent corttractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining io failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendenre lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenan'ts or undertakings other than those expressly set forth herein. APPLICABLE LAW: Commonwealth of Pennsylvania. 21. This Agreement shall be construed under the Laws of the 9 22. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees incurred in the settlement of the divorce and economic issues ,surrounding this divorce. 24. WAIVER OF CLAIMS AGAINST ESTATES: Except as heroin 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, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, fight to take against the Will of the other, and right to act as administrator or executor of the other's estate, and 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. 10 IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: ' TAMM~Y J. DESIMONE ' (SEAL) (SEAL) 11 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : PERSONALLY APPEARED BEFORE ME, this ,~ 3qt~day of (~~ , 2002 a Notary Public, in and for the ROBERT A, DESIMONE, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand a6at'6~cial seal. Martha L, Noel, Not?,] Pub ic / / ir"2r~vr'~'~ .~. // (''/ -- CadisleBore, Cumber,andCounty ] ' t '--/" /'~ COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBLERLAND : PERSONALLY APPEARED BEFORE ME, this)~? day of (("~'F'} --'"4'/]'-/ ' 2002, a Notary Public, in and for TAMMY J. DESIMONE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement , and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Martha L. Noel, NotaP/Public ] [ Carlisle Bore, Cumber!and Counly ~ ~.. , LMY Commission Expires Sept. 18, 2003 1 12 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of _~.. PENNA. TAllY J. DES]HONE, F[.AT1TrIFF VERSUS ROBERT A. DESIMONE, JR., DEFENDANT NO. 02-3777 CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT AND TA~4Y J. DESIHONE ROBI~RT A. DESIMONE, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated August 16, 2002, and signed by the parties is hereby incorporated into this Divorce Decree but not merged. BY THE/~OURT: / ATT/~':/--~//~-~/ -- ~ J. ~' -- ~-~ ~ PROTHONOTARY