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HomeMy WebLinkAbout95-00751 " ,., "'( , ~\ p: J -- l() l' a <' " (l \ o \.'; " .' , . .{4l)>~""":"'''' ,_:,.:\.c. '....._"oQC....*' ,"".:c. .:c..~ ':41:>":' '.:ilCo'~:'.*' ':C"X~:IC<~l<X'IO("_>*,~*,:"*':~~ ~ ' @ ~ ~ * ~ ~ ~ , ~ ~ e ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNSYLVANIA .. ~,h ~ .r~, i(! .nc... ,A...N,D g n ro ,'.. ,....." II N (),..?:.~?~.I..... ................. 19 Ii II iI !I II Plnintiff ................................ ... .......,.......,............................... Versus .~,:"B.r.illl1,Jl,ll!lor..().. ,., Defcndnnt DECREE IN DIVORCE AND NOW, ......... .~?"I;'f':".~~.. ..I.~:., 19. :!~... it is ordered and decreed that ,~I.l!l,r.~~?!l,<; .~.., ,~!~!l!1,~'?""".,.""""",."" plaintiff, and .,~:, ,~~~?~, ,~~?~,o,~~"""",..., .,.", "".,.."""."" defendant, are divorced from the bonds of matrimony. 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; None Thc tcirms of thc portics' Propcrty Scttlement Agrecmcnt dntcd .......... .......................................... ......................, August 9, 1995, nnd nttnched hercto nrc incorporotcd hcrein 'bu't' 'no' . 'mcr's'cd' h'c'rci/i't'li:'.".,.. ,... ....."",.", ""...,.", ""'" ., ny T Court',/ ..4 t.r.. A, Ieit-. ^ii~~i'; ~~';~:t.::;i' ".!<.k16, '~/~. .~ '~~ ~ '> 721/rlCL K.Jsf2i0,., t;k~ . ,,/ ;, tf rFolhonotAry .' ____....__-......_.~_ _.__...____... _...... ..._4.-......~..______......___...."......,,~........'.. J~ ... oJICo ,olIIo 'lIl- ~ 'lOCO .:.;. .:00;. 'lO:' ':.:. 'lO:. .:At..:o;. ';0;' ,':':' .:.:..:.;. -It:, .;0;. .:.:;-',:.::'~:.:: ,;; ~ ~ ~ ~: M " * ,;, ~ ,', ~ ~ ~ ~ ~.~ N ,,~ ,;, ~ ~ " ~ f. ~ ~ ~ ., ~ ~ " ':> ~ ~ ~ ~ .< ~ ., io1 ,,~ ~ .' ,;; ~ ~ ,.' ,~ ~ ~ ~ '. ~ ~ ~ ., " ~ -- .. PROPERTY SETTLEMENT AGREEMENT 914 THIS AGREEMENT, made this day of 1995, by and between CHARLIENE A. MAGARO, of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and S. BRIAN MAGARO, of Enola, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): .:->>::" I:: -:.;.... = ,.., t., = . . ~ .1 I .' ~~ 1.-- w or. or -0 ::.: WITNESSETH: ,,_.....'i c'-\ .. ,1':~ ~'~ J.C '':f11 ,. -I .... )'" -vo -:'-t - lU[ll ..... in WHEREAS, the parties were married on July 25 1974, Philadelphia, Philadelphia County, Pennsylvania, and; WHEREAS, one (1) child has been born of this marriage, namely, ONA MAGARO, born October 24, 1970. bI\\ . 1:J.l'1. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the child; the implementation of custody and visitation arrangements for the minor child of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable con~ideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: - 2- ( 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party 9hall molest the other or endeavor to compel the other to cohabit' or dwell with him or her by any legal or other proceedings. The foregoing provisions Ehall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to ~ndeavo~ to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that - 3 - , . J neither shall do or say anything to the child of the parties at anytime which might in any way influence the child adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the child. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be avai]able to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 95-751 civil Term, claiming that the marriage is irretrievably broken under Section 3301(c)of the Pennsylvania - 4 - Divorce Code. HUSBAND hereby exp~esses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as he executes this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision th~reof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It - 5 - , is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. ., 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall - 6- I I , i ! j I '! . .' be defined as the date of execution by the party last executing this Agreement. 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. S. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims 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 nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or - 7 - any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all - 8 - property of any kind 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 under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenseR, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. REPRESENTATION BY COUNSEL: This Agreement has been prepared by MARIA P. COGNETTI, Esquire, counsel for WIFE. Said counsel, at the commencement of, and at all stages during the negotiation of this Agreement, has acted solely as counsel for WIFE and has not advised or represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of, and at all stages during the negotiation of this Agreement, has been advised that he could be represented by his own counsel but at all times has - 9- elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal Agreement or Agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, es~ate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify - 10- . . and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may' have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND and WIFE agree to continue to pay all joint credit card debt and other personal debts consistent with their present arrangement, i.e. WIFE will pay the current debt owed to Corestates Bank, Account - II - . . No. , HUSBAND will pay the current debt owed to Mastercard, Account No. , and they will each pay one half of the current debt owed to Hechinger. Each party agrees to indemnify and hold the other harmless from any debt which is the responsibility of the other hereunder. 13. PERSONAL PROPERTY: The parties agree that all of the contents of the house at 606 Magaro Road, Enola, Pennsylvania including but not limited to the washer, dryer, lawn furniture, porch furniture, lawn ornaments (except the tera cotta chimney flue and wood carving) shall become the sole and exclusive property of WIFE. All the contents in the garage and outside the garage, shall become the sole and exclusive property of HUSBAND except for the gardening tools, one set of shelves, all PRAC and Earth Day equipment, desk, furniture, file cabinet, any property of Magaro's West or Magaro's Catering, any boxes of property that remain in the garage from before the remodeling of the house and any paintings or prints. should it at any time become necessary for either party to execute any titles, deeds or similar documents to give effect to - 12- . this paragraph, it shall be done immediately upon request of the other party. WIFE has agreed that HUSBAND may use the floor of the garage for storage of his items of personal property until September 1, 1995. By that date HUSBAND agrees to remove all of his personal property from 606 Magaro Road, Enola, Pennsylvania, including but not limited to all property located outside of the garage as well as the area behind the greenhouse. If HUSBAND fails to remove such property by September 1, 1995, WIFE shall have the right to place such property in storage at HUSBAND'S expense or to otherwise dispose of such items. 14. FAMILY PICTURES AND NEGATIVES: The parties agree that they will equally divide all family photographs. All negatives will remain with WIFE at 606 Magaro Road, Enola, Pennsylvania. However, HUSBAND shall be entitled to access to the negatives for the purpose of duplication at his sole expense. - 13 - 15. DIVISION OF REAL PROPERTY: HUSBAND and WIFE hereby acknowledge that they jointly own three parcels of real estate locatod ill Enot Pennoboro Township, Cumberland County, Pennsylvania. Ao a result of the dissolution of the marriage the partieo have divided those parcels of real estate between them as set forth on the deeds attached hereto and marked as EXHIBITS C, D, and E respectively. HUSBAND and WIFE agree to immediately execute now and in the future any and all deeds, common documents, or papers necessary to effect such transfers of title upon request. The parties further acknowledge that they have no claim, right, interest or title whatsoever in the said property of the other and further to agree never to assert any such claim to the property of the other in the future. Both parties agree to execute the original deeds conveying the respective interests to the other party simultaneously with the signing of this Agreement. WIFE hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing or presently conotituting a lien upon or encumbering the property known as 606 Magaro Road, Enola, Pennsylvania, such mortgage being owed and - 14- payable to PNC Bank, and further covenants and agrees that she will indemnify and save harmless HUSBAND from any and all liability, expense, cost, or loss whatsoever as a result of her non-payment of or non-performance of said mortgage or of said mortgage conditions. 16. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their 'respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such ac.counts. 17. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The 1988 Honda Accord shall be and remain the sole and exclusive property of WIFE; (b) The 1992 Ford Truck shall be and remain the sole and exclusive property of HUSBAND. . 15 - . . The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer 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. Each party agrees to be solely responsible for any amounts presently due and owing against his or her respective automobile. 18. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19. LUMP SUM PAYMENT: In consideration for the conveyances set forth herein, WIFE shall pay to HUSBAND the sum of $16,000 upon the entry of a final Decree Divorce. - 16- . . 20. VACATING MARITAL RESIDENCE: HUSBAND agrees that he will remove himself from the marital residence located at 606 Magaro Road, Enola, Pennsylvania by no later than the date of entry of a final Decree in Divorce. If HUSBAND fails to vacate the property by said date, WIFE shall have the right to pursue a formal eviction. If WIFE is forced to do so, HUSBAND shall be responsible for all attorney's fees and costs associated with said process. 21. ONA'S LIVING EXPENSES: HUSBAND and WIFE agree that they will equally divide all of Ona's living expenses until she starts college. WIFE agrees to provide HUSBAND with a monthly budget of Ona's regular living expenses. HUSBAND agrees to pay one half of said expenses within ten days of WIFE'S presentation of said budget. 22. ONA'S EDUCATIONAL EXPENSES: HUSBAND agrees to pay one half of Ona's educational and related expenses. WIFE agrees to provide HUSBAND with at least thirty days notice of Ona's educational expenses. HUSBAND agrees to pay his share within ten - 17 - days of presentation of a bill. Ona's educational expenses are meant to include but are not limited to post-secondary education expenses including tuition, room, board, books, laboratory, student and other fees that are directed by the educational institution. If Ona resides off campus these expenses should include a reasonable rent and reasonable food allowance for Ona. 23. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and state tax 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 harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, 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. - l!l- i ' , . " , . . i\ " l' , 24. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that .my transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 25. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further - 11) - . " , acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 26. EFFECT OF DIVORCE DECREE: The parties agree that except as 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. 27. BREACH: If either party breaches any provision 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 shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. -20- " . 28. WAIVER OF CLAIM~: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the p~esent and 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, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party 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. 29. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. - 21 - . . , I . , I . " . . , '.. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement ~s required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common pleas of Cumberland County to make equitable distribution of said asset. -22- " . '. '.. , The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing the Agreement shall in all other respects remain in full force and effect. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall'inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 33. 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, - 23 - " t I" . . . 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 operatlon. 34. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 35. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 36. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenie.nce only. They shall have no affect - 24 - . ",." . , . . whatsoever in determining the rights or obligations of the parties. 37. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~~ WITNE S /,~~(q~C.I/L~~\(SEAL) CHARLIENE A. MAGARO ~~ .... WITN~ '- - (SEAL) <...- S. BRIAN - 25 - , i I i , ,. If o' . I I, I COMMONWEALTH OF PENNSYLVANIA SS: COUNTY of(f{n~~IV~ ~}/U vf- / u before me, a Notary Public, the undersigned officer, personally On this, the $- day of , 1995, ~ appeared CHARLIENE A. MAGARO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. J?-~4r Notary P .c -.....-...... -..---., M ",'JW,I :,1.101 I 110I11J\\ .1 "Ii:';, I." C;tl1l0 Hil' i:lJHIL~/,:'.; : i ,';,j . M\1j~'1I'1111(\1:;1l1 ~thli),:I~~ 1',1, ~_ Ii' ; - 26. '. .'It ,. , . , . ' PROPERTY SETTLEMENT AGREEMENT BETWEEN CllARLIENE A. MAGARO VS. S. BRIAN MAGARO Divorce Code: by Charliene A. MlIgaro, Plaintiff: 011 August 9, 1995; hy S. Brian Magllro, Defendant, on August 9, 1995. 4. Related claims pending: None. By: Respectfully submitted, j !1tiUt-B ~./ MARIA P. OON 'J, ESQUIRE Sup. Ct. I. 0.1127914 132-134 Walnut Street P. O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 DATED: August 24. 1995 . . CHARLIENE A. MAGARO, PlainlilT IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 16 - 75 I n t-tJ-L J-l011'\---- CIVIL ACTION - LAW IN DIVORCE v. S. BRIAN MAGARO, Delcndant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. I I' you wish to delcnd against the elaims set forth in the following pages, you must take prompt aetion. You are warned that if you Ihil to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgmeat may also be entered against you lor any other claim or relief requested in these papers by the Plainti fl'. You may lose money or property or other rights important to you. When the ground lor divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the oflice ofthe Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS 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. Court Administrator Cumberland County Courthouse I Courthonse SlJuare, Fourth Floor Carlisle,l'A 17013 (717) 240-6200 CHARLlENE A. MAGARO. PlaintifT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. q,r- 75/ OL.~ 4A.-11^-' v. S. BRIAN MAGARO, Defendant CIVIL ACTION. LAW IN DIVORCE COMPLAINT llNI>ER SECTION 330He) or 330Hd) OF THE mVORCE COI>E I. PlaintifT is Charliene A. Magaro, who has resided at 606 Magaro Road, Enola, Cumberland County, Pennsylvania, for the last 20 years. 2. Defendant is S. Brian Magaro, who has resided at 606 Magaro Road, Enola, Cumberland County, Pennsylvania, for the la5t20 years. 3. P1aintifThas been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The PlaintifT and Defendant entered into a common law marriage on July 25, 1974 in Philadelphia, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Amled Forces. 7. The Plaintifi'and Defendalll are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that may have the right to request the Court to require the parties to partieipate in sueh counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to u divorce decree being handed down by the Court. COUNT I - IlIVORCE 9. Paragruphs I through 8 above are incorporated herein by reference and made a part hereof. 10. The Plaintiff avers that the grounds on which the action is based are as follows: a. That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so us to make Plaintifrs condition burdensome and life intolerable; b. The marriage is irretrievably broken. COUNT II . EOUlTABLE IlISTRIBUTION 11. Paragraphs 1 through 10 above are incorporated herein by reference and made a part hereof. 12. During the marriage, Plaintiff and Defendant have acquired various items ofmnrital property, beth real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: u. Enter a Dccr.:e of Divorce; b. Equitably distribute all properly, both personal and real, owned by the parties; Maria P. ognct squirc Sup. Ct.I.D. #27914 132-134 Walnut Strcct P.O. Box 689 Harrisburg, P A 17108-0689 (717) 232-2103 c. Grunt such furthcr relief ns thc Court may decm equituble and just. Rcspectfully Submittcd, Datcd: January 25, 1995 , COMMONWEALTH OF PENN8YL VANIA ) ) 88.: COUNTY OF DAUPHIN ) AFFIDAVIT Charliene Magaro, being duly sworn according to law, deposes and says that the facts contained in the Ibregoing Complaint in Divorce arc true and correct to the best of her knowledge, infornlation and belief. Charliene Magaro Sworn to and subs15ibed before me this ~ day Of~, 199& /I,:luI3IS9al K~ren A. Shollll, /'IolDI\' Public M arrlsburg, Oauphin Counl y Comml..lun ~'pir.. March ll99B Mootlor,l'M1sltv>V1la~()/I~. '.1"_ 1:1', f:>. \ ' ~ "i \.() \ -1)- . ''A .~ . -..:J .(.) " .......... '..... ,N ! ..... '~ \\3"- (~ \-- ~ ..... .-J, t- ~ .~ "0 "0 .:::::. '... f:"... , .. -~ ~ ~ - I'-' ~-4.~ U".~\'''''''''' ~'0 ,',; r .. I;, , . f ~ ~ ~;~. i tl ~ t:ll :-CO t.. ::-~. n3 ~. ~. gj 0 [ g"'ag. ; ~. CHARLlENE A. MAGARO, PluintilT : IN TIlE COURT OF COMMON PLEAS OF : CUMI3ERLAND COUNTY, PENNSYL VANIA v. : NO. 95 - 751 CIVIL TERM S. BRIAN MAGARO, Detendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDA VIT OF SERVICE I, MARIA P. COGNETfI, ESQUIRE, do hereby certify that a truc and correct copy of the Complaint in Divorce was served upon thc Defendant by certified mail, return receipt requested, on the 18th day of February. 1995. The original signed return receipt, number Z 321444969, is attached hereto and made a part hereof. Respectfully Submitted, Ii(;ltta!~' -~. Maria P. ognett(,.Esquire Supremc Court 1D# 27914 132-134 Walnut Street P.O. 130x 689 Harrisburg, P A 17108-0689 (717) 232-2103 Duted: Februury 22, 1995 , I " F: " ",- 'a 'gO~ 'S gu .. ~ Ii: III ~ o~' -0 ~ III d: 'C Q; ~ III = ~ -!il --. '~ :c .. - - !3 "i N ::l g ~:? ~~ ~ m lXl t-.J '-'-' ";~. " " "'. W N I-< -0 = .... I'J ; '~: ,~~~ ~? ':.~ n "~'I '.. I .~.. ~: '""'1;...-; - LD LrI . CIIARLlENE A. MAGARO, PlaintiO' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 95.751 CIVIL TERM S. BRIAN MAGARO, Delendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 3301(e) of the Divorce Code was filed on February 23, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit arc true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. Section 4904 relating to :::om rol,ifi~ti" to ",iliOriti~., .hs:'~ Charliene A. Magaro, PlairfUff Sworn to and sub~ibed before me this .9!!!... day of /}aO-usr, 1995. ~,,~ Notary ulllic" \'t'l"idi-/ J ',! 1),NlJII ' ",! I" " "~1l1!' !/;.; \:Lrl't~;i1:. ~I f'.l,mwi;('lhfl t \;.11,' d" '.,; wr'P "'"' = c.._. .3' :r ~.~ -<~ ~~;~~i '" ... "d" )) , ! I ,'Y)' =. m ;, r.' :::> """ , .: -. , . '~ CIIARLlENE A. MAGARO, J>lnintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, J>ENNSYL VANIA v. : NO. 95-751 CIVIL TERM S. BRIAN MAGARO. Defendnnt : CIVIL ACTION - LA \V : IN DIVORCE AFFmA VIT OF CONSENT ]. A Complnint in Divorce under Section 330 I (c) of the Divorce Code wns Iiled on Februnry 23, ] 995. 2. The marriuge of Pluintiff and Defendunt is irretrievubly broken, und ninety (90) duys huve elapsed from the dute oflhe filing of the Complaint. 3. I eon~ent to the cntl'j' ofu finul .lCCICO: ofdil'OI~C. 4. I understand thutlmuy lose rights concerning ulimony, division of property, attorney's fees or expenses if I do not cIuimthem before u divorce is granted. I verify thutthe statements made in this anidavit arc true und eerrect. ] understand thnt fnlse stntements herein nre Illude subject to the pennlties of ] 8 Pn.C.S. Section 4904 relnting to unsworn fnlsiliention to nuthorities. Dnle: I dnnt Sworn to nnd subscribed belore me this .9!!- duy ; 1,' ';r~' of f}( /1).(J5r ,1995. , Cd;t~~~'!:": ',' - NotUI'j'llK:~ ''''HI\I'll'j ::::. ....-..;!" !' 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