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HomeMy WebLinkAbout94-06696 I ~ -1 .........~ n~ j. , I I , ) ~ i' , I J I ..). I ~ -...t -...) J.. bo :" SAlOIS, GUIDO, SnUFF & MAS LAND 26 W, IIIlh 511<., Carli.I., PA ... (21 Except a!; herein otherwine provided, each party hereby releascs the other from any and all claims, or demands up to the date of execution hereof. (31 The partics are the owners of certain real estate with improvements thercon erected known and numbered as 115 Bramblewood Lane, Lewisberry, Pennsylvania. Husband and Wife agree that Wife shall have exclusive possession of the marital residence. During Wife'S period of exclusive possession, Wife shall be responsible for the Harris Savings Bank mortgage, taxes, insurance, utilities and ordinary repairs. Wife agrees to indemnify and hold Husband harmless from any liability thereon. Within one hundred twenty (120) days from the effective date of this Agreement, Wife shall secure Husband's release from liability on the Harris Savings Bank mortgage which encumbers the real estate. Husband agrees to cooperate with Wife and the Lender. Husband shall execute any and all documents necessary or desirable to secure his release from liability and the refinance of the existing obligation including but not limited to a deed of special warranty conveying his interest to Wife to be held in escrow by Wife'S attorney. Husband authorizes the delivery of the deed and conveyance of his interest in connection with his release of liability and/or refinance of the obligation by Wife. In the event Wife cannot refinance or secure Husband's release of liability within one hundred tWAnty days (1201 from the effective date of this Agreement, then in such case, the parties shall list the real estate for sale with a mutually agreeable realtor at the price suggested by the realtor. Upon I~l-~ ,.. ^~ e:,f'''' ~~. ,,\" , . lAIDlS, GUIDO, SnUFF & MAS LAND 26 W, Hllh SIlu. Clllhlc, PA ~tJ., ,\.' "'-~ L" ':' " " .. settlement, the proceeds after the payment of customary closing costs shall be divided equally between the parties except that wife shall be reimbursed .ene-half-of. the mortgage-payments she has made during the period from the date of separation to ~",! n.,..fJJLpJcv., ...., ~. ,/~<..t ,.~ 1.\ ,.:-.-..-A o!c(J 1t.'rJ-fr. ') ~~ ?'l'.r-,,....t .eee-t:l-ement. !v..~h'{ (4) If, and only if, Husband conveys the real estate to Wife, and Wife refinances the Harris Savings Bank mortgage or otherwise secures Husband's release from liability thereon, Wife I shall pay to Husband the-sum of $20,000.00 and rollover from her retirement fund at Merrill Lynch the sum of $10,000.00 to Husband's individual retirement account. In the event Husband is not released from liability and Wife does not retain the real estate, this provision shall be null and void. (5) In the event that either party contracted or incurred any debts since the date of separation on January 2, 1994, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. (6) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Husband shall transfer any right, title and interest he may have to the 1993 Lexus to Wife. Wife shall assume responsibility for the encumbrance on said vehicle and shall hold harmless and indemnify Husband from any loss thereon. Wife shall transfer any right, title and interest to "'r' MPV to Husband. Each party shall execute any documents the Mazda necessary to have said vehicles properly registered in the other " ~)..(... ~'I':I.. 1'(4 J.,1...\'.....f.~.I. r."t. _, I>:r"".;f-...J . .. , , L\).;., l-:.t7;t,l J 'J ~!"~'~'~It -1-.-; 11......I.i "i~'1{J ..,' j. " .I- _. ..i, ,.' l~~. .., () --!........ ,,,./~ ,/ : SAlOIS, GUIDO, SHUFF & MASLAND 26 W, "iSh S....., Carlille. PA .. party'a name with the Pennoylvania Department of Transportation. (71 The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property preAontly in his or her possession whether said property was heretofore owned jointly or , individually by the parties hereto. Provided, however, that Husband shall be entitled to possession of the following personal property: Kitchen Table Tool Box Stereo ReA Projection TV Bunk Beds Lawn Boy Lawnmower. Husband agrees to return the panasonic TV to Wife. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (8) Except as hereinbefore provided in the event Wife retains the marital residence, each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance and retirement accounts. Husband specifically releaaes wife's retirement by reason of her employment with ,Johnson & Johnson and the rollover of her Xerox retiremenc to an individual retirement aCCount with Merrill Lynch. Wife specifically releases Husband's retirement account SAIDIS, GUIDO, SHUFF & MASLAND 26 W. Hllh SI1<cI C&rli.lc, PA .~ - by reason of his cmploymcnt with tho Notional Rocovery Agency. At the time of the signing of this Agreement, the parties shall split equally their Legg Mason Money Market Account. Each party shall retain ownership of any other bank account now titled in his or her own name. (9) The parties agree that legal custody of their minor children, ALEX M. MARINO and GIA N. MARINO, shall be joint, with both parties having the right to make major parenting decisions affecting the childrens. health, education and welfare. Th~ parties shall have joint physical custody of their children. Husband shall have physical custody as follows: (A) Two (2) days as agreed upon by Husband and Wife during the period Monday through Thursday. (B) Alternating weekends. (C) Alternating Thanksgiving and Easter holidays. (D) Alternating Christmas Eve and Christmas Day. Christmas Eve being 5:00 P.M. on December 24 to noon on December 25 and Christmas Day being noon on December 25 to 6:00 P.M. on December 26; and (E) Other times as mutually agreed upon by the parties. (10) Until such time as the parties youngest child, GIA, starts school in the fall of 1995, the parties agree that the support of the children shall be accomplished in the following manner: A. Husband shall pay th~ cost of day-care from Mrs. wiest or another mutually agreeable provider. SAlOIS, GUIDO, snUFF & MASLAND 26 W. Illeh Stn:el Cadld.. PA .- .. B. Wife Dhall pay the health insurance for the children. C. Wife shall pay the cost of preschool for GIA. 'n the fall of 1995, the parties agree to evenly divide the expenses related to the children including health insurance, day- care and similar expenses. Each party agrees to pay 50% of any non-covered medical expense, orthodontic or other extraordinary expense for the children's well-being. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. The parties further agree that support may be enforced by reason of the provisions provided in the Pennsylvania Rules of Civil Procedure. (11) Husband and Wife agree to be equally responsible for the cost of college education for each of the children. The college selection shall be mutually agreed to by Husband, Wife and child and the cost thereof shall include but not be limited to room, board, tuition, books, spending money, lab fees and relat.ed items. (12) Wife shall receive the income tax exemption for Gia N. Marino and Husband shall receive the income tax exemption for Alex M. Marino. The parties agree to execute any documents , . necessary or dcsirable to ODsure that the other party receives the exemption herein provided. (131 Husband shall not pay to Wife nor wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (141 Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. iAIDID, GUIDO, SnuFF 8< MASLAND 26 w, "Iah S_I CIrlillc. PA , Specifically, Husband is, represented by Michael Bangs, Esquire and Wife by Robert C. Saidis, Esquire. Husband has filed, prior to the signing of this Agreement, a divorce action in the Court of Common pleas of Cumberland County and specifically agrees to proceed with the finalizing of the divorce upon expiration of ninety days. (15) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless fr.om any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (16) 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 instruwents that may be reasonably required to give full force and effect to the provision of this Agreement. (17) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is , ,- '. familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (16) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under I no compulsion to do so but as a voluntary act. (19) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, cOBtS and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (20) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's ,AlDIS, GUIDO, SHUFF & MASLAND 26 W, I\lsh Slreel CIIIl.lc,PA heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, ,contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now ovned or hereafter acquired, , including but not limited to all rights or claims: (1 ) to take against the other's will; (2 ) under the laws of intestacy; (3 ) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether SIUDIS, GUIDO, SHUFF &. MASLAND 26 W, IIllh St=t Carllsle,PA real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar : SAIDIS, GUIDO, SHUFF & MASLAND 26 W, HI&h Sm' c.uU,I., P^ " statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and ~bligations each party now has, or may hereafter have, against or with respect to the other. (21) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other , provisions shall continue in full force and effect. (22) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (23) In the event that either party breaches any provision of this Agreement, and the other pt1rt:r L~talns counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (24) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (25) The effective date of this Agreement shall be the date this Agreement is signed and acknowledged by the last party to SAIDlS, GUIDO, snUFF & MASLAND 26 W, lIlah Slrec. <:.vUII..PA COMMONWI~AL'l'lI OF PENNSYLVAN I A SS. COUNTY OF CUMI3EHLAND On thio the i/I i I day of iJ,:., I,\b,'l. , 1994, before the undersigned officer, personally appeared Glenna A. Marino, known (or satisfactorily proven to mel to be the person whose name io subscribed to the within instrument, and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF~ I have hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND On this the It'l1J~ ....-/y , of 1\.-.~\fLnU~c:,~ day , 1994, before the undersigned officer, personally appeared Barth A. Marino, known (or satisfactorily proven to me) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. II I : ,'~ ,I, I l./ ", ~ (:, ,\, tl, 'L' .~ r"IL,. '-( (SEALl I I~J ::-~.~ - ;i~:~:'-. ',.- .-- .:,: : ~. , ;.. ',:: \ . i: I:'" \ ' '.~.' I lLr; ~)"" ~>,r., - ~, i~fll; ~'-,IIII:". 1~1. ~~!.:~~;~:.~:~:~ ::.. ..I::.~:.~l'(.~~.:}:'~~ ._ lJ:: ..~ '" .... rv _. ,.r. " l~ t1l &..;: 1,.'-;" ,',1,. III 3 0 ;" ~ -< !:; iQ $ ~ < d:l j ~ :;, ~ 8 ~ ;i; ~ - ~ ... III ~ ~ '" 0 ~ ~ ~ OJ ~ ::: d ~ ,-< ~ o t ~ ,. vi ~ ~ ~ < ' I<l " A " 0 " 7- ;" ~ of, . ';""'- .......-. BARTH A. MARINO, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, ) PENNSYLVANIA vs. ) ) CIVIL ACTION - LAW GL<:NNA A. MARINO ) Defendant ) NO. 94-6696 CIVIL TERM PRAECIPE ~ TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: 3301 (c) , 2. Date and manner..of service of the Compl!'linti Sent 12/6/94 certified, restricted return receipt reque~ted. 3. Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: By Plaintiff: 2/27/95 By Defendant: 2/25/95 4. Related claims pending: None. ANDES, VAUGHN & BANGS ".,..,........~.P.........."..._-- . . . " . , ,) '" \ \ \.n--lj 0; \'\) ---- '< n ~ -- ~r ell '- , . ~~ -" "-' ',--> r\ ) -..., - !'0 1'\1 ,~ "., "'i' f'-- ~ '7 --- \J:") ~,~ 0:;.-... ~~ ~j P'" C.", '.... ~.) '-----' ~ 3 ~ f-l !:: ~ ~ ~ ~ d:l ~ ~ ~ ~ :01 ~ ~ '" :I: ~ . ~ i'! o I'! ~ d ~ ~ ~ ~ ~ ,. " 0 ~ .r "': ~ ~ if. en < ~ >- ~ ~ ~ :01 :! < ,. .. } .. , BARTH A. MARINO Plaintiff IN THE COURT OF COMMON PI,BAS OF CUMBBRl,AND COUNTY, PENNSYLVANIA vs. GLENNA A. MARINO Defendant CIVIl, ACTION - LAW NO. 94- &~tj6 CIVIL TERM IN DIVORCE NOTICE TO DBFEND AND CLAIM RIGlITS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 'pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A Judgment may also be entered against you for any other ciaim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, inclUding custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR A~IMONY, DIVISION OF PROPERTY, LAWYBR'S FEES OR EXPENSES BBFORE A DIVORCE OR ANNULMBNT 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 HAVB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELBPHONE THE OFFICE SET FORTH BBLOW TO FIND OUT WHRRE YOU CAN GET LEGAL HELP. Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 11013 Telephone: (7171 240-6200 1 Ln ~ :',:'- ."-. "'= c:.._ CD .-. '" " '" co c..... oa .::: ~ ~ ~ ,,~ ~ d:l j ~ ~ f< ~ $ . Z -< M ~ :I: '" ~ '" o ~ ~ ji ?l l:J ~ d ~ ~ 0 ~ ~ ,. vi ~ ~ ~ ~ ~ 0 A " :>: Z ~ < r-" -. ~ .,., '- BARTH A. MARINO Plaintiff IN THE COURT OF COHHON PLBAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. GLENNA A. MARINO Defendant CIVIL ACTION - LAW NO. 94-6696 CIVIL TBRM IN DIVORCE AFFIDAVIT OP CONSENT 1. A Complaint in Divorce under Section 3l01(cl of the Divorce Code was filed on November 23, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety. days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counsellors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. Section 4904 relating to unsworn to authorities. 2/27/95 Date f- 11 II ~ BARTH A. MARINO " Ln en - ~. ~ - n:: <D .... <'" . loll., (.' .r co r-.J m w ..... ,.,. , ::l'-' III 3 0 7- ~ -< ... ~ iQ " < d:l :i ~ :r. ~ ~ ;.: 7- ~ 8 :I: "' 2 ... ~ '" 0 ~ ;.J II: d ;r, ,< il ~ l>l '" 0 ~ '" iii ~ 0 JJ Yo ~ III . A ~ 0 ;.: Z ~ < . .. .~ '-"" ,... -- MARTINO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6696 CIVIL TERM v. GLENNA A. MARINO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE (1) A Complaint in divorce under Section 3301(Cl of the Divorce Code was filed on November 23, 1994. (21 Defendant acknowledges that service of the Complaint waR m~de by certifi~d mail on 13 December 1994. (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (5) I consent to the encry of a final decree of 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. (7) I have been adviBed of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised, I do not request that the Court require that my spouse and I participate in counselling 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sect'on 4904 relating to unsworn falsification to authorities. ,J. }/L- Defendant DATED: February 25, 1995 . > " 1/1 o ~ or: t iQ " ~ cJ.j j ~ ~ ;i; ~ 5 ~ ~ G~~~~ ~:< ~ ~ ~"'i 0; = ~ ..... ~ ~ ~ '" . .. 0 rot 1/1 <:< :< ~ .., r:~ ~ ('J 6 i': .., :t: <(, ~ g !: .' '. ... ( . . ~ i , .. , , fl~C~.':~II~ ~;'i~4eI~;~~"-11~ ,1"': n~ .'.!~:/h: :': :1' ~..r:.~t~:=;:~~::::.zr~;;; : 1~1=.nY;;'i~ctl''':'';''''; '.. '..iu~'..,;.;; , !.&;.".~- ,,'.J~~.~""-~~""'~. {O:"~'." ~ . <',' ,to;c'{,ti ," "'.,;' :Ci :::: ,4e:'Z"rJStlItI()70Y~16a;a~~ ,:. :"'_~~(':;~~~.~~~ >'\:":~~~~~:~::f?~:~" '/.;:'--'\ ""Jf;_.__~,l;'Yf1<" ," "~'l' I, ~ t....", '~"_ ~ ~, .' ." ;:.-:::.' --;.;;;;.\,'..;' ~ :''ii?':N::i~./:::V?\'''.Y :'S';~};k: ;: }lll'1JmI~~rl'~' (t)}.Jt"r~"; :1" ;: ~;t~!ti;',~'1?~~~t~;~;t;y:"';-;';;" "~&iU~: "'d' " , , D~ 1881 "'<,:i''-;"> n . '_, . "'if ; t, =:T::A .,...,J", Y:,'<:\'~;;~5;~~g~~~;f-",. ,:,tci ~"'lM DOMU11C IllTURNRI~ [,'Ii .... ,. " -, \~;::K:i>";..\\',~;';r}:i~~~-',t~tFi-~~ -ou,e._ .......11~ i EXHIBI'r l\