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IN
THE COURT OF COMMON
PLEAS
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OF CUMBERLAND COUNTY
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STATE OF ;~~~~ PENNA,
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DONALD JEFFREY SMITH
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BARBARA D. SMITH
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DECREE IN
DIVORCE
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AND NOW, . .. ' .. , M Z)(.,~..~, .. , .. '" 19, ~6.... it is ordered and
decreed that".. .!'~,I1<!-l!l, ,.:re~~.r,~Y, !3fl\~t;:I,1..",.,.,..,.,.""., plaintiff,
and. ..', "..', " . ,l1arb.<\ra, D... ,Sl,lI,i,I;Il,.", ",.,. , .",. " , " " defendant,
are divorced from the bonds of matrimony,
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a finol order hos not yet
been entered;
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THIS AGREEMENT, made
AGREEMENT
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and concluded this i)tc.~lK.h~ day of
1994, by and between Donald Jeffrey smith
(hereinafter referred to as "Husband") and Barbara D. smith
(hereinafter referred to as "Wife"),
';qITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been
lawfully joined in marriage at Lebanon, pennsylvania, on October
12,
1985,
and
diverse
unhappy
differences,
disputes,
misunderstandings and difficulties have arisen between the parties,
as a result of which they are living or wish to live separately and
apart; and
WHEREAS, either of the parties have' heretofore or may
hereafter institute an action for divorce in the Court of Common
Pleas of Cumberland county, or in any jurisdiction; and
,
WHEREAS, Wife may become entitled to p~yment by Husband or
,
Husband may become entitled to payment by Wife for support and
,
maintenance in any support proceeding and/or alimony, alimony
pendente lite, counsel fees, legal costs and expenses pertaining to
or in any divorce proceeding; and
WHEREAS, the parties hereto are or may be or claim' to be
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owners as tenants by the entireties or otherwise of certain
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property (real and/or personal) referred to as "marital" or "non-
marital"; and
WHEREAS, certain differences and disputes have arisen between
the parties respecting their respective or mutual obligations with
regard to various claims by third parties; and
WHEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and settle
all property rights and all rights in, to or against each other's
property or estate, including property heretofore or subsequently
acquired by either party, and to settle all disputes existing
between them, include any and all claims for Wife's and/or
Husband's mainte~ance and/or support, alimony, counsel fees and
costs.
NOW THEREFORE, in consideration of the several mutual promises
and/or covenants'and/or agreements hereinafter contained, each of
the parties hereto, intending to be legally bound, hereby promises,
covenants and agrees as follows:
FIRST: DIVORCE
Nothing in this agreement shall be construed as a
relinquishment by either party of the right to prosecute or defend
any suit for divorce in any court of proper jurisdiction. It is
further specifically understood and agreed that the provisipns of
this Agreement relating to the equitable distribution of property
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of the parties are accepted by each party as a final settlement for
all purposes whatsoever. Should either of the parties obtain a
decree, judgment, or order of separation or divorce in any other
state, country, or jurisdiction, each of the parties of the
Agreement hereby consents and agrees that this Agreement and all of
its covenants shall not be affected in any way by any separation or
divorce; and that nothing in any such decree; judgment, order or
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further modification or revision thereof shall ,alter, amend or vary
,
any term of this Agreement, whether or not either or both parties
shall remarry, it being understood by and between the parties that
this Agreement shall survive and shall not be merged into any
decree, judgment or order of divorce or separation.
SECOND: DATE OF EXECUTION
The "date of execution" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have
executed the Agreement on the same date. Otherwise, the "date of
execution" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
THIRD: ADVISE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to Husband by his could, Peter J. Giangiulio,
Esquire, and to Wife by her counsel, Lori K. Serratelli, Esquire.
The parties acknowledge that they fully understand the facts and
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their legal rights and obligations and they acknowledge that they
acknowledge and accept that this Agreement is, in the circumstance,
fair and equitable and that it is being entered into freely and
voluntarily, and that execution of 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.
FOURTH: PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart.
They shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects, as fully as if they were unmarried. They
may reside at such place or places as they may select. Each may,
for his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, prOfession or employment which
to him or her may seem advisable.
Husband and wife shall not
molest, harass, disturb, or malign each other of the respective
families of each other, nor compel,
nor attempt the other to
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cohabit or dwell by any means or any manner whatsoever with him or
,
her.
FIFTH: RELEASES
Except as provided for in this Agreement, Husband and Wife
each hereby forever releases, remises, discharges, and quitclaims
the other and the estate of the other, for all time to come and for
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all purposes whatsoever, from any action of any nature whatsoever
in law o~ in equity, and forever releases, remises, discharges and
quitclaims the other and the estate of such other, for all time to
come, and for all purposes whatsoever, of any from any and all
rights, titles, interest, or claims in or against the other or in
or to the real, personal and/or mixed property of the other and all
rights of curtesy or dower or for equitable distribution, or claims
in the nature of widow's or widower's rights and all rights,
titles, interests and claims which he or she now has or ever may
have in and/or to the other's estate, whether now owned or
hereafter acquired, at his or her death, and all right, titles,
interests and claims to take against the other's Will and/or under
the Intestate Laws, or of family exemption or similar allowance or
all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania
or (b) any state, commonwealth or territory of the united states,
or (c) any other country, and each and every additional right,
title, interest and claim or right to any accounting he or she has
or ever may have in the other or as the Husband's wife or widow or
as Wife's husband or widower, including any and all claims,
demands, liabilities and obligations, whether arising out of the
marital relationship by reason of the ownership or joint ownership
of any real or personal property, or by reason of any other matter
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or thing whatsoever, as well as each and every additional right,
titled, interest and claim he or she has or ever may have against
the other, his or her heirs, executors, administrators and assigns,
excepting only the obligations, rights and claims imposed or
enuring to the benefit of either of the parties by reason of the
terms of this Agreement.
Each of the par~ies hereto further
covenants and agrees for himself and herself and his or her heirs,
executors, administrators and assigns, that he or she will never at
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any time hereafter sue the party or his or her heirs, executors,
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administrators or assigns, for the purpose of;enfOrcing any of the
rights relinquished under this paragraph:
SIXTH: RELEASE OF TESTAMENTARY CLAIMS
Except as provided for in this Agreement, each of the parties
hereto shall have the right to dispose of his or her property by
Last Will and Testament or otherwise, and each of them agrees that
the estate of the other, whether real, personal or mixed, shall be
and belona to the person or persons who would have become entitled
thereto as if the decedent had been the last to die.
This
provision is intended to constitute a mutual waiver by the parties
of any rights to take against each other's last Wills under the
present or future laws of any jurisdiction whatsoever and is
intended or confer third party beneficiary rights upon the,other
heirs and beneficiaries of each. Either party may, however, make
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such provisions for the other as he or she may desire in and by his
or her Last will and Testament; and each of the parties further
covenants and agrees that he or she will permit any will of the
other to be probated and allow administration upon his or her
personal, real or mixed estate and effects to be taken out by the
person or p!rsons who would have been entitled to do so had Husband
or Wife died during the lifetime of the other; and that neither
Huoband nor Wife will claim against or contest the Will and estate
of the other. Each of the parties hereby releases, relinquishes
and waives any and all rights to act as executor or executrix or
administrator or administratrix of the other party's estate. Each
of the parties hereto further covenants and agrees for himself and
herself and his and her heirs, executors, administrators and
assigns, thet he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns, for the purpose of enforcing any of the rights
relinquished under this paragraph.
SEVENTH: DEBTS
All debts, contracts, obligations or liabilities incurred at
any time in the past or future, by either of :the parties, will be
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paid promptly by said party, except as specifically set forth in
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this Agreement; and each of the parties hereto further promises,
covenants and agrees that each will now and at all time hereafter
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save harmless and keep the other or his or her estate indemnified
and saved harmless from all debts or liabilities incurred by him or
her, as the case may be, and from all actions, claims or demands.
neither party shall, after the date of this Agreement contract or
incur any debt or liability for which the other or his property
might be responsible, except as herein provided and shall indemnify
and save harmless the other from any and all claims and demands
made against her or him by reason of debts or obligations incurred
by her or him and from all costs, legal costs, and counsel fees
unless provided to the contrary herein, except as herein provided.
EIGHTH: ENFORCEMENT
Each party hereby agrees to pay and to save and hold harmless
the other party from any and all attorneys' fees, costs and legal
expenses and expenses that either may sustain, or incur or become
liable for answerable for, in any way whatsoever, or shall pay
upon, or in consequence of, any default or breach by the other of
any of the terms or provisions of this Agreement by reason of which
either party shall or shall be obligated to retain or engage
counsel to initiate or maintain or defend proceeding against the
other at law or equity or both or in any way whatsoever; provided
that the party who seeks to recover such attorneys' fees, costs and
expenses must first be successful in whole or in part, befora there
would be any liability for attorneys' fees, costs, legal expenses
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and expenses.
It is the specific agreement and intent of the
parties that a breaching or wrongdoing party shall bear the burden
and obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
NINTH: EOUITABLE DISTRIBUTION
(a) Division of Tangible Personal property. The parties have
amicably divided their personal property, including furniture,
clothing, personal effects, dishes, linens, and all other articles;
however, in addition, Husband retains the right to take additional
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household items and furniture from the marital home as the parties
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may agree. The parties agree to amicably complete the division of
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this property. Each party shall own, have and enjoy independently
of any claims of the other, all items of tangible personal property
of any kind, nature and description, wherever it is located, which
are now owned by him or her and which may hereafter belong or come
to him or her, with full power to him or her to dispose of said
tangible personal property as fully and effectively in all respects
and for all purposes as if he or she were unmarried.
(b) Disposition of Real Estate. Husband and Wife are the
owners of property located ~t 208 Berkeley Drive, Mechanicsburg,
Cumberland County, Pennsylvania.
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(1) until all of the children of this marriage shall
become emancipated, as hereinafter defined, Wife shall have
excluoive possession of the marital home so long as she does not
remarry or cohabit with an individual of the opposite sex who is
not a blood relative or until the youngest child graduates high
school, whichever occurs first.
(2) During the said period of possession, Wife agrees to
be responsible for and to pay the mortgage and escrows on the
property and she shall be 'entitled to claim all interest deductions
related to the mortgage and taxeE should she file an individual
federal tax return.
(3) The parties agree to divide the cost of any
necessary repairs equally. Necessary repairs shall be defined as
any repair essential to the habitability of the marital residence
and ordinary maintenance and repair.
(4) At the end of the said period of exclusive
possession or if Wife shall remarry or cohabit with an individual
of the opposite sex who is not a blood relative, then the parties
agree to immediately list the marital home for ,sale with a mutually
acceptable recognized professional real estate broker.
(5) Upon sale of the property, and after all of the
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expenses of the sale have been paid, the par~ies agree to divide
equally the remaining proceeds.
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(c)
The 1987 Subaru GL 10 Wagon
property of Wife who will
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shall be the sole and
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assume and be solely
exclusive
responsible for the cost of all repairs and maintenance thereon.
(d) Husband is in possession of a 401(k) plan whose present
cash value is Seventeen Thousand Five Hundred ($17,500.00) Dollars.
Husband agrees to pay I~ife a one-time, lump sum of Eight Thousand
Seven Hundred Fifty ($8,750.00) Dollars. In exchange for this said
one-time payment, Wife relinquishes all present or future claims of
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right, title or distribution of Husband's 401(k) plan. Further,
Husband represents and warrants that he has no other deferred
compensation benefit or retirement plan from his current or past
employers.
TENTH: CUSTODY
Husband and Wife are the natural parents of three (3) minor
children:
(a) Adam Jeffrey Smith, born November 20, 1987
(b) Margaret Leigh smith, born April 19, 1989
(c) Bradley Isaac smith, born May 21, 1991.
Husband and Wife agree that the legal custody of the said
minor children will be shared equally between them with Wife
retaining primary physical custody and Husband having partial
physical custody,
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Husband shall be entitled to visitation consisting of the
following schedule:
(1) Every Tuesday from 6:00 p.m. to 8:00 a.m. Wednesday.
(2) Every Thursday from 6:00 p.m. to 8:00 a.m. Friday.
(3) Alternating weekends from Friday at 6:00 p.m. to
Sunday at 12:30 p.m,
(4) Three (3) weeks each year.
(5) Alternating holidays as the parties may agree.
ELEVENTH: CHILD & SPOUSAL SUPPORT/ALIMONY
Wife shall waive her claim to the three (3) dependency
} (a)
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0'/ ;ror tax year 1994.
Each year thereafter, Wife shall waive her
right to the dependency exemption for Adam and Margaret and Wife
shall execute an IRS Form 8332 on an alternating annual basis for
future years beginning tax year 1996 for Adam and Margaret.
(b) Husband and Wife agree that from August 1, 1994 until the
time of the sale of the marital home; or for a period of three (3)
years; whichever occurs first, Husband shall pay Wife the monthly
sum of One Thousand ($1,000.00) Dollars as spousal support (or
alimony in the event of a divorce) on the first day of each month.
In the event that the marital home is sold prior to the expiration
of the period of three (3) years from August 1, 1994 then, Husband
shall pay to Wife the sum of six Hundred ($600.00) Dollars per
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month as spousal support (or alimony in the event of a divorce)
until August 1, 1997.
The parties agree that this paragraph pertaining to spousal
support or alimony is non-modifiable by either party.
(c) Husband shall pay Wife the sum of One Thousand
($1,000.00) Dollars as child support commencing on August 1, 1994
or when Husband vacates the marital residence, whichever occurs
first, on the fifteenth day of each month.
(d) Husband shall continue to carry the children and Wife, so
long as possible, on his existing health insurance plan and each
party shall be responsible for one-half (1/2) of the unreimbursed
medical bills.
(e) Should Husband become delinquent in the payment of child
support, spousal support or alimony for a period of 15 days, he
agrees to the entry of a Support Order through the Domestic
Relations office pursuant to Pa.R.C.P. 1910, et ~ He also agrees
to have his wages attached in order to satisfy the obligation.
TWELFTH: PAYMENT OF COUNSEL FEES AND COSTS
Husband and wife agree that each shall pay and be responsible
for the co~nsel fees and costs they have each incurred.
THIRTEENTH: 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
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separate and independent covenant and agreement; and a breach by
Wife or Husband of any provision of this Agreement shall not
justify or excuse a breach or de~ault by either party of any other
provision of this Agreement, and both partie~ shall nevertheless
continue to be obligated for all payments, duties and obligations
hereunder; provided, however, that after thirty (30) days written
notice of default by Husband or Wife to the other party and his/her
failure to remedy the default within that period, either party may
exercis,,! the right of set-of( against any obligation due him/her to
him/her.
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FOURTEENTH: ENTIRE ~GREEMENT. MERGER AND INTEGRATION
Husband and Wife do hereby covenant and warrant that this
Agreement contains all of the representations, promises and
agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims,
promises or representations not herein contained, either oral or
written, which, shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto;
; and the waiver of any term, condition, clause or provision of this
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Agreement shall in no way be deemed or considered a waiver of any
other term, condition, clause or provision of this Agreement.
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FIFTEENTH: AGREEMENT TO CONTINUE IN EVENT OP DIVORCE
This Agreement shall remain in full force and effect unless
and until it is terminated either by mutual written consent of both
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parties, or to the extent it is appropriately terminated by the
death of either party under the terms of 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 default of the same or similar nature. In the
event that the marriage of the parties hereto is terminated in
divorce, this Agreement shall nevertheless remain in full force and
effect, shall survive such decree and shall, not in any way be
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affected thereby, except as provided for herein.
SIXTEENTH: AGREEMENT BINDING ON HEIRS
,
The terms, provisions and conditions of ~his Agreement shall
be binding upon any and all of the: heirs,
executors,
administrators, SUccessors or assigns of either of the respective
parties hereto, except as otherwise herein provided.
SEVENTEENTH: APPLICABLE LAW
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
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EIGHTEENTH: PRIOR :!\GREEHENT
It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the
date and time of this Agreement are null and void and of no effect.
NINETEENTH: VOID CL"'USES
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.
TWENTIETH: W:!\RR:!\NT OF DISCLOSURE
The parties warrant and represent that they have 'made a full
disclosure of all assets prior to the execution of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby,
,
the parties hereto have hereunto set their hands and seals the date
first above written. This Agreement is executed in duplicate and
each party hereto acknowledges receipt of a duly executed copy
hereof.
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BARBARA D. SMITH
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PETER J GIANGIULIO, ESQUIRE
ATTORNEY ID NO 37852
POBOX 567
UNIONVILLE PA 19375
(610) 793-1085
DONALD JEFFREY SMITH
Plaintiff
: IN THE COURT OF COMMON PLEAS
VS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
BARBARA D SMITII
Defendant
: IN DIVORCE - A.V.M.
NO.: 95-920
PRAECIPE TO TRANSMIT TilE RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following
information, to the Court for entry of a Divorce Decree:
1. Grounds for divorce: Irretrievable breakdown under
section 201(c) of the Divorce Code.
2.
was
mail
Date
made
on or
and manner of service of the Complaint:
upon the attorney for the Defendant by
about March 6, 1995.
Service
regular
3. Date
Consent:
Defendant's
of execution of Plaintiff's Affidavit of
February 3 , 1996; Date of Execution of
Affidavit of Consent: February 3 .1996.
4. Date of Execution of the Defendant's Waiver of Notice
under Pa. R.C.P. 1920.42(A)1: December 1 , 1995.
5. There are no related claims pending in this matter.
6. There is a property settlement between plaintiff and
Defendant, a copy of which is attached hereto, and should
be incorporated into the Divorce Decree.
ft..{)
ESQUIRE
IFF
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PETER J. GIANGIULIO, ESQUIRE
ATTORNEY ID NO. 37852
POBOX 567
UNIONVILLE, PA 19375
(610) 793-1085
DONALD JEFFREY SMITH
Plaintiff
I IN THE COURT OF COMMON PLEAS
VS
I CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION . LAW
BARBARA D. SMITH
Defendant
I IN DIVORCE' A.V.M.
NO.
AFFIDAVIT OF NON MILITARY SERVICE
Peter J. Giangiulio, Esquire, depoBeB and says that ho is tho
attorney for Plaintiff; that he is authorized to mako this
Affidavit on behalf of Plaintiff; that the above named Dofondant is
not in the Military Service of the United States, nor any State or
Territory thereof or its allies as defined in the soldiers' and
Sailors' Civil Relief Act of 1940 and tho amendments thoreto.
statements herein are made subject to the ponalties of 18 Pa, C.S.
Section 54904 respecting unBworn falsification to authoritios.
Respectfully submittod,
PETER J. GIANGIULIO, ESQUIRE
ATTORNEY ID NO. 37B52
POBOX 567
UNIONVILLE, PA 19375
(610) 793 -lOBS
DONALD JEFFREY SMITH
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PFoNNBYLVANIA
CIVIL ACTION " LAW
VS
BARBARA D. SMITH
Defendant
IN DIVORCE - A.V.M.
: NO.
NOTICE TO DEFENDANT
Defendant is hereby notified that counseling is available to
Plaintiff or Defendant if request is made for same either by letter
to the Office of Judicial Support at the Cumberland County
CourthouBe, or through your lawyer. If requested, the Court will
require up to three (3) counBeling sessions. A list of qualified
I
professionals who provide such counseling services may be obtained
either from the Domestic Relations Office of Cumberland County or
the Office of Judicial Support.
Respectfully submitted,
5. There have been three (J) children born of this marriage,
they being Adam Jeffrey smith, born November 20, 1987; Margaret
Leigh smith, born April 19, 1989; and Bradley Isaac Smith, born May
21, 1991.
6. There have been no prior actions to divorce in this
matter.
7. Neither party is in the military service of the United
states as defined by the Soldiers' and Sailors' Civil Relief Act of
1940, its supplements and amendments.
8. The within action is not collusive.
9. The Plaintiff, Donald Jeffrey smith, has been advised of
the availability of counseling and that he has the right to request
that the Court require the parties to participation in counseling.
10. The marriage is irretrievably broken.
WHEREFORE, the Plaintiff, Donald Jeffrey Smith, prays that a
Decree of Divorce, A.V.M. from the bonds of matrimony be entered on
the grounds the marriage is irretrievably broken under Section
3301(c) of the Divorce Code.
Respectfully submitted,
VERIFICATION
I, DONALD JEFFREY SMITH, PLAINTIFF, in the above-captioned
matter, being authorized to do so, do hereby verify that the facts
set forth in the foregoing Pleading are true and correct, and
understand that the false statements herein are made subject to the
provisions set forth in 18 Pa. C.S. S4904 relating to unsworn
falsification to authorities.
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DONALD JEFF
PLAINTIFF
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PETER J. GIANGIULIO, ESQUIRE
ATTORNEY ID NO. 37B52
POBOX 567
UNIONVILLE, PA 19375
(610) 793 -lOBS
DONALD JEFFREY SMITH
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS
CIVIL ACTION - LAW
BARBARA D. SMITH
Defendant
IN DIVORCE - A.V.M.
NO. qS'. q 2.0
ACCEPTANCE OF SERVICE
I, Lori R. Serratelli, Esquire, hereby declare that I am
authorized to accept service of the Complaint in this matter and
that I have received a time-stamped copy of the Complaint on ~
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Respectfully submitted,
Lori R.of
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PETER J GIANGIULIO, ESQUIRE
ATTORNEY ID NO 37B52
POBOX 567
UNIONVILLE PA 19375
(610) 793-1085
DONALD JEFFREY SMITH
Plaintiff
: IN THE COURT OF COMMON PLEAS
VS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
BARBARA D SMITH
Defendant
: IN DIVORCE - A.V.H.
No.: 95-920
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 201(c) of
the Divorce Code was filed on February 21, 1995.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elaPsed
from the date of filing of the Complaint.
3. I consent to the entry of a final decree of
divorce.
4. I understand that if a claim for alimony,
alimony pendente lite, marital property or counsel fees or
expenses has not been filed with the Court before the
entry of a final decree in divorce, the right to claim any
of them will be lost.
I verify that the statements made in this Affidavit
are true and corrp.ct. I understand that false statements
herein are subject to the penalties of 18 Pa. C.S. Section
4904 relating to unsworn falsification to authorities.
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BARBARA 0 SMITH
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PETER J GIANGIULIO, ESQUIRE
ATTORNEY ID NO 37B52
POBOX 567
UNIONVILLE PA 19375
(6101 793-1085
DONALD JEFFREY SMITII
Plaintiff
: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS
: CIVIL ACTION - LAW
BARBARA D SMITII
Defendant
: IN DIVORCE - A.V.M.
WAIVER OF NOTICES, CERTIFICATIONS,
AND TIME REQUIREMENTS
Donald Jeffrey Smith, Plaintiff, and Barbara D Smith,
Defendant, hereby waive all notices, certifications and
time requirements imposed pursuant to the Pa. R.C.P. and
the C.C.R.C.P. including but not limited to Notice of
Intention to File Praecipe to Transmit Record. The
parties further waive the requirement6 of the said Rule
mandating that a Certification be filed that they be
served with the copies of the notices and certifications
set forth in
DONALD JEFF , PLAIN
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PETER J. GIANGIULIO, ESQUIRE
P.O. BOX 567
UNIONVILLE, PA 19375
(610) 793-10B5
ATTORNEY ID NO.: 37B52
DONALD JEFFREY SMITH
Plaimtiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs
: IN DIVORCE - A.V.M..
NO.: 1S~ 9;)0 O'{'tL;..(;J~
BARBARA D. SMITH
Defendant
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance for the Plaintiff in the
above-captioned matter.
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ReSP:JtfullY srbmitted: ,
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Peter Giangiulio~ squire
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PETER J GIANGIULIO, ESQUIRE
ATTORNEY ID NO 37B52
POBOX 567
UNIONVILLE PA 19375
(6101 793-10B5
DONALD JEFFREY SMITH
plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
VS
: CIVIL ACTION - LAW
BARBARA D SMITH
Defendant
: IN DIVORCE - A.V.M.
STIPULATION PURSUANT TO 23 PA CSA 3401(al
AND NOW, this \~! day of Utc.-et,\..~!1L , 1995,
Donald Jef',rey Smith, Plaintiff,
and Barbara D Smith,
"
Defendant, hereby STIPULATE and AGREE that the Complaint
in this matter includes all ancillary claims of the
parties.
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DONALD JEFFR SM LAINTIFF
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 920 CIVIL, 1995
CIVIL ACTION - LAW
DONALD JEFFREY SMITH,
Plaintiff/Respondent
BARBARA D. SMITH,
Defendant/petitioner
IN DIVORCE
B!!.1.'!;;
AND NOW, this ,-5 rt. day of
D,-rolo~r
, 1996, a
RUle is hereby entered against the Plaintiff/Respondent to show
cause, if any, why the relief requested in the foregoing Petition
should not be granted.
RULE RETURNABLE ~ days after service.
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DONALD JEFFREY SMITH,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 920 CIVIL, 1995
v.
.
.
: CIVIL ACTION - LAW
BARBARA D. SMITH,
Defendant/petitioner
IN DIVORCE
PETITION TO ENFORCE MATRIMONIAL SETTLEMENT AGREEMENT
AND NOW COMES the Petitioner, Barbara D. smith, by her
attorney, Lori K. Serrate11i, Esquire and the law firm of
SERRATELLI, SCHIFFMAN, BROWN & CALHOON and requests the entry of a
Order and in support therefore, avers as follows:
1. The Petitioner is the Defendant in the above captioned
matter who is represented by Lori K. Serratelli, Esquire.
2. The Respondent is the Plaintiff in the above captioned
matter who is represented by Peter J. Giangiulio, Esq.
3. On December 9, 1994, the parties entered into a Matrimonial
Settlement Agreement which provided, in part, for Equitable
Distribution
(Paragraph
Ninth)
and
Child
and
Spousal
Support/Alimony (Paragraph Eleventh). (See Exhibit A)
4. The parties were divorced by Decree dated March 6, 1996.
5. Paragraph Ninth, Equitable Distribution, Subparagraph (1)
of the parties Matrimonial Settlement Agreement provided that:
(l) Until all of the children of this marriage shall become
emancipated, as hereinafter defined, Wife shall have exclusive
possession of the marital home so long as she does not remarry
or cohabit with an individual of the opposite sex who is not
a blood relative or until the youngest child graduates high
school, whichever occurs first.
6. Since the execution of the Agreement, Husband and Wife
.
agreed that Wife would vacate the home and Husband would move back
into the marital residence which was accomplished in July, 1995.
Due to the modification of the Agreement, Wife agreed to accept a
reduction in alimony which was relayed to Respondent's counsel in
a letter dated November 3, 1995. (See Exhibit B)
7. Once again on May 7, 1995 a letter was sent to Respondent's
counsel regarding the payment of spousal support and 401(k) funds.
(See Exhibit C)
8. On July 17, 1995 Respondent's counsel accepted the offer
and agreed to pay the Bum of $49,400.00 to the Petitioner (See
Exhibit D)
9. On July 31, 1996 Petitioner's counsel agreed with the offer
and inquired when payment of the $49,400.00 would be made. (See
Exhibit E)
10. Paragraph Eighth of the Matrimonial Settlement Agreement
provides for the enforcement of this Agreement.
WHEREFORE, Petitioner respectfully requests this Honorable
grant an Order directing:
a) Respondent to immediately pay the sum of $49,400.00 to the
Petitioner;
b) Respondent to immediately pay the sum of Six Hundred
($600.00) Dollars as attorneys' fees for the institution of this
action; and
..
c) Such further relief as the Court deems appropriate.
Respectfully submitted,
l
Lo 1 Serratel1i, Esqu re
S RATELLI, SCHIFFMAN,
DROWN , CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for Defendant/Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition
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 falsification to authorities.
~ldi./l4t.t- ll<tU.a;c
BARBARA D. SMITH
EXHIBIT A
,
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"
AGREEMENT
7'1/1
THIS AGREEMENT, made and concluded this day of
~f'((:,f1I&r" , 1994, by and between Donald Jeffrey smith
(hereinafter referred to as "Husband") and Barbara D. smith
(hereinafter referred to as "Wife"),
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having been
lawfully joined in marriage at Lebanon, Pennsylvania, on October
12,
1985,
and
diverse
differences,
disputes,
unhappy
misunderstandings and difficultios have arisen between the parties,
as a result of which they are living or wish to live separately and
apart; and
WHEREAS, either of the parties have heretofore or may
hereafter institute an action for divorce in the Court of Common
Pleas of Cumberland county, or in any jurisdiction; and
WHEREAS, Wife may become entitled to payment by Husband or
Husband may become ent,itled to payment by wife for support and
maintenance in any support proceeding and/or alimony, alimony
pendente lite, counsel fees, legal costs and expenses pertaining to
or in any divorce proceeding; and
WHEREAS, the parties hereto are or may be or claim to be
owners as tenants by the entireties or otherwise of certain
1
property (r";I:\ and/or personal) referred to as "marital" or "non-
..'
mar1t-'" ' ..1d
'~,EREAS, certain differences and disputes have arisen between
the pin. ~ "'q respecting their respective or mutual obligations with
regard to various claims by third parties; and
WHEREAS, it is the desire of the parties, after long and
careful consideration, to amicably adjust, compromise and settle
all property rights and all rights in, to or against each other's
property or estate, including property heretofore or subsequently
acquired by either party, and to settle all disputes existing
between them, include any and all claims for Wife's and/or
Husband's maintenance and/or support, alimony, counsel fees and
costs.
NOW THEREFORE, in consideration of the several mutual promises
and/or covenants and/or agreements hereinafter contained, each of
the parties hereto, intending 1:0 be legally bound, hereby promises,
covenants and agrees as follows:
FIRST: DIVORCE
Nothing in this' agreement shall be construed as a
relinquishment by either party of the right to prosecute or defend
any suit for divorce in any court of proper jurisdiction. It is
further specifically understood and agreed that the provisions of
this Agreement relating to the equitable distribution of property
2
...
of the parties are accepted by each party as a final settlement for
all purposes whatsoever.
Should either of the parties obtain a
decree, judgment, or order of separation or divorce in any other
state, country, or jurisdiction, each of the parties of the
Agreement hereby consents and agrees that this Agreement and all of
its covenants shall not be affected in any way by any separation or
divorco; and that nothing in any such decree, judgment, order or
further modification or revision thereof shall alter, amend or vary
any term of this Agreement, whether or not either or both parties
shall remarry, it being understood by and between the parties that
this Agreement shall survive and shall not be merged into any
decree, judgment or order of divorce or separation.
-
.'
SECOND: DATE OF EXECUTION
The "date of execution" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have
executed the Agreement on the same date. Otherwise, the "date of
execution" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
THIRD: ADVISE OF COUNSEL
The provisions of this Agreement and their legal effect have
been fully explained to Husband by his could, Peter J. Giangiulio,
Esquire, and to Wife by her counsel, Lori K. serratelli, Esquire.
The parties acknowledge that they fully understJnd the facts and
3
. .
their legal rights and obligations and they acknowledge that they
acknowledge and accept that this Agreement is, in the circumstance,
fair and equitable and that it is being entered into freely and
voluntarily, and that execution of this Agreement is not the result
of any duress or undue influence and that it is not the result of
any collusion or impropor or illegal agreement or agreements.
FOURTH: PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live
separate and apart. They shall be free from any control,
restraint, interference or authority, direct or indirect, by the
other in all respects, as fully as if they were unmarried. They
may reside at such place or places as they may select. Each may,
fer his or her separate use or benefit, conduct, carryon and
engage in any business, occupation, profession or employment which
to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb, or malign each other of the respective
families of each other, nor compel, nor attempt the other to
cohabit or dwell by any means or any manner whatsoever with him or
her.
FIFTH: RELEASES
Except as provided for in this Agreement, Husband and Wife
each hereby forever releases, remises, discharges, 'and quitclaims
the other and the estate of the other, for all time to come and for
4
.'
'.
all purposes whatsoever, from any action of any nature whatsoever
in law or in equity, and forever releases, remises, discharges and
quitclaims the other and the estate of such other, for all time to
come, and for all purposes whatsoever, of any from any and all
rights, titles, interest, or claims in or against the other or in
or to the real, personal and/or mixed property of the other and all
rights of curtesy or dower or for equitable distribution, or claims
in the nature of widow's or widower's rights and all rights,
titles, interests and claims which he or she now has or ever may
have in and/or to the other's estate, whether now owned or
hereafter acquired, at his or her death, and all right, titles,
interests and claims to take against the other's Will and/or under
the Intestate Laws, or of family exemption or similar allowance or
all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania
or (b) any state, commonwealtn or territory of the United states,
or (c) any other country, and each and every additional right,
title, interest and claim or right to any accounting he or she has
or ever may have in the other or as the Husband's wife or widow or
as Wife's husband or widower, including any and all claims,
demands, liabilities and obligations, whether arising out of the
marital relationship by reason of the ownership or joint ownership
of any real or personal property, or by reason of any other matter
5
or thing whatsoever, as well as each and every additional right,
titled, interest and claim he or she has or ever may have against
the other, his or her heirs, executors, administrators and assigns,
excepting only the obligations, rights and claims imposed or
enuring to the benefit of either of the parties by reason of the
terms of this Agreement. Each of the parties hereto further
covenants and agrees for himself and herself and his or her heirs,
executors, administrators and assigns, that he or she will never at
any time hereafter sue the party or his or her heirs, executors,
administrators or assigns, for the purpose of enforcing any of the
rights relinquished under this paragraph.
SIXTH: RELEASE OF TESTAMENTARY CLAIMS
Except as provided for in this Agreement, each of the parties
hereto shall have the right to dispose of his or her property by
Last Will and Testament or otherwise, and each of them agrees that
the estate of the other, whether real, personal or mixed, shall be
and belong to the person or persons who would have become entitled
thereto as if the decedent had been the last to die. This
provision is intended to constitute a mutual waiver by the parties
of any rights to take against each other's last wills under the
present or future laws of any jurisdiction whatsoever and is
intended or confer third party beneficiary rights upon the other
heirs and beneficiaries of each. Either party may, however, make
6
such provisions for the other as he or she may desire in and by his
or her Last will and Testament; and each of the parties further
covenants and agrees that he or she will permit any Will of the
other to be probated and allow administration upon his or her
personal, real or mixed estate and effects to be taken out by the
person or persons who would have been entitled to do so had Husband
or Wife died during the lifetime of the other; and that neither
Husband nor. Wife will claim against or contest the Will and estate
of the other. Each of the parties hereby releases, relinquishes
and waives any and all rights to act as executor or executrix or
administrator or administratrix of the other party's estate. Each
of the parties hereto further Covenants and agrees for himself and
herself and his and her heirs, executors, administrators and
assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns, for the purpose df enforcing any of the rights
relinquished under this paragraph.
SEVENTH: DEBTS
All debts, contrac~s, obligations or liabilities incurred at
any time in the past or future, by either of thG parties, will be
paid promptly by said party, except as specifically set forth in
this Agreement; and each of the parties hereto further promises,
covenants and agrees that each will now and at all time hereafter
7
"
. '
save harmless and keep the other or his or her estate indemnified
and saved harmless from all debts or liabilities incurred by him or
her, as the case may be, and from all actions, claims or demands.
neither party shall, after the date of this Agreement contract or
incur any debt or liability for which the other or his property
might be responsible, except as herein provided and shall indemnify
and save harmless the other from any and all claims and demands
made against her or him by reason of debts or obligations incurred
by her or him and from all 'costs, legal costs, and counsel fees
unless provided to the contrary herein, except as herein provided.
EIGHTH: ENFORCEMENT
Each party hereby agrees to pay and to save and hold harmless
the other party from any and all attorn2Ys' fees, costs and legal
expenses and expenses that either may sustain, or incur or become
liable for answerable for, in any way whatsoever, or shall pay
upon, or in consequence of, any default or breach by the other of
any of the terms or provisions of this Agreement by reason of which
either party shall or shall be obligated to retain or engage
counsel to initiate or 'maintain or defend proceeding against the
other at law or equity or both or in any way whatsoever; provided
that the party who seeks to recover such attorneys' fees, costs and
expenses must first be successful in whole or in part, before there
would be any liability for attorneys' fees, costs, legal expenses
B
.
and expenses. It is the specific agreement and intent of the
parties that a breaching or wrongdoing party shall bear the burden
and obligation of any and all costs and expenses and counsel fees
incurred by the other party in endeavoring to protect and enforce
his or her rights under this Agreement.
NINTH: EOUITABLE DISTRIBUTION
(a) Division of Tangible Personal property. The parties have
amicably divided their personal property, including furniture,
clothing, personal effects, dishes, linens, and all other articles;
ho~ever, in addition, Husband retains the right to take additional
household items and furniture from the marital home as the parties
may agree. The parties agree to amicably complete the division of
this property. Each party shall own, have and enjoy independently
of any claims of the other, all items of tangible personal property
of any kind, nature and description, wherever it is located, which
are now owned by him or her and which may hereafter belong or come
to him or her, with full power to him or her to dispose of said
tangible personal property as fully and effectively in all respects
and for all purposes as' if he or she were unmarried.
(b) Disposition of Real Estate. Husband and Wife are the
owners of property located at 20B Berkeley Drive, Mechanicsburg,
Cumberland county, Pennsylvania.
9
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"
(1) until all of the children of this marriage shall
become emancipated, as hereinafter defined, Wife shall have
exclusive possession of the marital home so long as she does not
remarry or cohabit with an individual of the opposite sex who is
not a blood relative or until the youngest child graduates high
school, whichever occurs first.
(2) During the said period of possession, Wife agrees to
be responsible for and to pay the mortgage and escrows on the
property and she shall be entitled to claim all interest deductions
related to the mortgage and taxes should she file an individual
federal tax return.
(3) The parties agree to divide the cost of any
necessary repairs equally. Necessary repairs shall be defined as
any repair essential to the habitability of the marital residence
and ordinary maintenance and repair.
(4) At the end 'Of the said period of exclusive
possession or if Wife shall remarry or cohabit with an individual
of the opposite sex who is not a blood relative, then the parties
agree to immediately list the marital home for sale with a mutually
acceptable recognized professional real estate broker.
(5) Upon sale of the property, and after all of the
expenses of the sale have been paid, the parties agree to divide
equally the remaining proceeds.
10
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(c) The 1987 Subaru GL 10 Wagon shall be the sole and
exclusive property of Wife who Idll assume and be solely
responsible for the cost of all repairs and maintenance thereon.
(d) Husband is in possession of a 401(k) plan whose present
cash value is Seventeen Thousand Five Hundred ($17,500.00) Dollars.
Husband agrees to pay Wife a one-time, lump sum of Eight Thousand
Seven Hundred Fifty ($8,750.00) Dollars. In exchange for this said
one-time payment, Wife relinquishes all present or future claims of
right, title or distribution of Husband's 401(k) plan. Further,
Husband represents and warrants that he has no other deferred
compensation benefit or retirement plan from his current or past
employers.
TENTH: CUSTODY
Husband and Wife are the natural parents of three (3) minor
children:
(a) Adam Jeffrey Smith, ~orn November 20, 19B7
(b) Margaret Leigh Smith, born April 19, 19B9
(c) Bradley Isaac Smith, born May 21, 1991.
Husband and Wife agree that the legal custody of the said
minor children will be shared equally between them with Wife
retaining primary physical custody and Husband having partial
physical custody.
11
I'
Husband shall be entitled to visitation consisting of the
following schedule:
(1) Every Tuesday from 6:00 p.m. to 8:00 a.m. Wednesday.
(2) Every Thursday from 6:00 p.m. to 8:00 a.m. Friday.
(3) Alternating week~nds from Friday at 6:00 p.m. to
sunday at 12:30 p.m.
(4) Three (3) weeks each year.
(5) Alternating holidays as the parties may agree.
ELEVENTH: CHILD & SPOUSAL SUPPORT/ALIMONY
Wife shall waive her claim to the three (3) dependency
1. (a)
I1!Orr~
~'je :tor tax
year 1994.
Each year thereafter, Wife shall waive her
right to the dependency exemption for Adam and Margaret and Wife
shall execute an IRS Form 8332 on an alternating annual basis for
future years beginning tax year 1996 for Adam and Margaret.
(b) Husband and Wife agree that from August 1, 1994 until the
time of the sale of the marital home; or for a period of three (3)
years; whichever occurs first, Husband shall pay Wife the monthly
sum of One Thousand ($1,000.00) Dollars as spousal support (or
alimony in the event of a divorce) on the first day of each month.
In the event that the marital home is sold prior to the expiration
of the period of three (3) years fror., August 1, 1994 then, Husband
shall pay to Wife the sum of six Hundred ($600.00) Dollars per
12
. '
month as spousal support (or alimony in the event of a divorce)
until August 1, 1997.
The parties agree that this paragraph pertaining to spousal
support or alimony is non-modifiable by either party.
(c) Husband shall pay Wife the sum of One Thousand
($1,000.00) Dollars as child support commencing on August 1, 1994
or when Husband vacates the marital residence, whichever occurs
first, on the fifteenth day of each month.
(d) Husband shall continue to carry the children and Wife, so
long as possible, on his existing health insurance plan and each
party shall be responsible for one-half (1/2) of the unreimbursed
medical bills.
(e) should Husband become delinquent in the payment of child
support, spousal support or alimony for a period of 15 days, he
agrees to the entry of a support Order through the Domestic
Relations Office pursuant to P~.R.C.P. 1910, et ~ He also agrees
to have his wages attached in order to satisfy the obligation.
TWELFTH: PAYMENT OF COUNSEL FEES AND COSTS
Husband and Wife agree that each shall pay and be responsible
for the counsel fees and costs they have each incurred.
THIRTEENTH: 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
13
: ."
I'
separate and independent covenant and agreement; and a breach by
Wife or Husband of any provision of this Agreement shall not
justify or excuse a breach or default by either party of any other
provision of this Agreement, and both parties shall nevertheless
continue to be obligated for all payments, duties and obligations
hereunder; provided, however, that after thirty (30) days written
notice of default by Husband or Wife to the other party and hiS/her
failure to remedy the default within that period, either party may
exercise the right of set-off against any obligation due him/her to
him/her.
FOURTEENTH: ENTIRE AGREEMENT. MERGER AND INTEGRATION
Husband and Wife do hereby covenant and warrant that this
Agreement contains all of the representations, promises and
agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are, no claims,
promises or representations not herein contained, either oral or
written, which shall or may be charged or enforced or enforceable
unless reduced to writing and signed by both of the parties hereto;
and the waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered a waiver of any
other term, condition, clause or provision of this Agreement.
14
"
',' "
PIFTEENTH: ~GREEMENT TO CONTINUE IN EVENT OP DIVORCE
This Agreement shall remain in full force and effect unless
and until it is terminated either by mutual written consent of both
parties, or to the extent it is appropriately terminated by the
death of either party under the t 1rms of this Agreement. The
failure ol? either party to insist upon strict pel"formance of any of
the provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature. In the
event that the marriage of the parties hereto is terminated in
divorce, this Agreement shall nevertheless remain in full force and
effect, shall survive such decree and shall not in any way be
affected thereby, except as provided for herein.
SIXTEENTH: ~GREEMENT BINDING ON HEIRS
The terms, provisions and conditions of this Agreement shall
be binding upon any and" all of the heirs, executors,
administrators, successors or assigns of either of the respective
parties hereto, except as otherwise herein provided.
SEVENTEENTII: ~PPLrC~BLE L~W
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
15
..' 't" .-
EIGHTEENTH: PRIOR AGREEMENT
It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the
date and time of this Agreement are null and void and of no effect.
NINETEENTH: 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.
TWENTIETH: WARRANT OF DISCLOSURE
The parties warrant and represent that they have made a full
disclosure of all assets prior to the execution of this Agreement.
IN WITNESS WHEREOF, and intending to be legally bound hereby,
the parties hereto have hereunto set their hands and seals the date
first above written. This Agreement is executed in duplicate and
each party hereto acknowledges receipt of a duly executed copy
hereof.
J" ,
wlrr~JrS~1~fa~~Ju,
~ 4/;Ai 4d /
WIrY
{bQ~iJ~'(l~
DON LD JEFF 7 IT.
~MJ~jLg~
BARBARA D. SMITH
16
EXHIBIT B
loRI K. SEJUlATEW
STEVEN J. SCllIfFMAN
MICHAEl. F. BROWN
RONAlD L. CALHOON
GARY L. ROTllSCHILD
RoBERT D. HAMILTON
GARTll ^- SWHENSON
OF COUNSEl.
IMD" DC B.us o.ltl
Sum 106
2040 I.JNGWTO,-,,., ROAD
HAkRUflURO. P^
17110.?44S
(717) 540.9170
h, 1717l S,O,\.KI
November 3, 1995
Peter J. Giangiulio, Esquire
P.O. BOK 567
Unionville, PA 19375
RE: SMITH vs. SMITH
OUR FILE NO. 94-196
Dear Peter:
As you may know, circumstances have changed in the
Smith matter. Barbara is no lonqer livinq in the marital
;:~~,id~m:~ ." anp.. your,_cUent.has.JllQ.'l!L(L~""Jmc.!._is,..P1lyJ!lg_.tlie
IIlQF_1:gag!l,,_ In consideration of that fact, Barbara has
ceen willing to accept lesser payments while Jeff is
making the mortgage payment on the house. But, I wanted
to make it clear that she is not waiving her rights under
the Agreement we eKecuted December 9, 1994. with regard
to the alimony, she is willing to accept $600.00 per
month based on the fact she is not residing in the
marital residence. From her calculations, she believ~s
she is entitled to the alimony from AUgust 1995 through
AUgust 1997 at the rate of $600.00 per month. she is
willing to wait to collect that am9.!ID!; either from Jeff's
commissions or other resources.
Barbara would also like Jeff to consider buying out
her interest ~n the house and would like to accomplish
this by July 1996 if possible.
Also, I would like to reiterate that the child
support obligation of Jeff is $1,000.00 per month.
Please remind your client that the full amount of his
child support obligation is to be paid in full each
month.
EXHIBIT 0
EXHIBIT E
"
PETER J GIANGIULIO, ESQUIRE
ATTORNEY ID NO 37B52
POBOX 567
UNIONVILLE PA 19375
(610) 793 -lOBS
DONALD JEFFREY SMITH
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 920 CIVIL, 1995
CIVIL ACTION . LAW
IN DIVORCE
VB
BARBARA D SMITH
Defendant/Petitioner
ANSWER TO PETITION TO ENFORCE MATRIMONIAL
AGREEMENT WITH NEW MATTER
1. Admit ted.
2. Admitted.
3. Admit ted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admit ted.
9. Admitted.
10. Admitted.
NEW MATTER
11. Paragraphs 1 through 10 are incorporated by reference.
12. Since the time of the Agreement, Jeffrey Smith has been'
attempting to secure a loan to pay Barbara Smith the amounts
claimed.
13. Throughout the loan application period, Barbara Smith has
been an active part of the process, in that she has been required
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DONALD JEFFREY SMITII,
PlnlnlilTtnespondent
: IN TilE counT OF COMMON PLEAS
: CUMBEltLAND COUNTY, PENNSYLVANIA
v.
: No. 920 Civil, 1995
BARBARA D. SMITII,
De ren II I1n t/Pet 1110 n e r
: CIVIL ACTION. LAW
: IN D1VOItCE
ORDER
AND NOW, this \4\ \l.dny of f~ ~l~ ~.:Jr--' 1997, it is hereby Ordercd nnd
Dccrccd thnt n hcnring will bc hcld on Pctitioncr's Pctitionto Enforcc Matrimonial Scttlemcnt
Agrcemcnt in Courtroom . 'I on 0.'1)1,' /, /() . 1997 nt /:3()
I
ClIl1lberlnnd County Courthouse, Cnrlislc, Pcnnsylvnnin,
o'clock l2.m,.
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DONALD JEFFREY SMITII,
PlaintilTlRespondent
: IN TilE COURT OF COMMON PLEAS
: CUMUERLAND COUNTY, PENNSYLVANIA
v.
: No. 920 Civil, 1995
UAIWARA D. SMITII,
Defendant/Petitioner
: CIVIL ACTION . LAW
: IN DIVOnCE
MOTION FOR IIEAIUNG
AND NOW COMES the Defendant/Petitioner by her attorney, Lori K. Serrntelli, and the
law firm ofSERRATELLI, SCHIFFMAN, UnOWN & CALIIOON, P.C., who petitions this
Comtto schedule a hearing in the above captioned matter and in support thereof, avers as
follows:
I. On or about October 22, 1996, the Defendant/Petitioner tiled a Petition 10 Enlbrce
Matrimonial Settlement Agreement. The Rule to Show Cause was signed by the Honorable J.
Wesley Oler on Octobcr 25, 1996.
2. The Rule was servcd upon the Plaintin7Rcspondent on Novcmber I, 1996. (See
Attached Return Receipt Card executed by Peter Giangiulio, attorney for Plaintifi7Respondenl.)
3. On January 8, 1997, Plaintifi7Rcspondent med an Answer to Petition to Enforcc
Matrimonial Settlement Agreemcnt with New Maller.
WHEREFORE, Defcndant/Petitioner requests that a hearing be held on this matter.
Respectfully submittcd,
1/" \" I _ A
/ :JtL~~
LoV' . Serrntclli
StRRATELLI, SCIIIFFMAN,
UROWN & CALIIOON, P.C.
2080 Linglestown Rd., Suite 201
Harrisburg, P A 17110
(717) 540-9170
Attorney for Delcndant/Petitioner
.
~
VERIFICATION
I, Lori K. Serratelli, Esquire, allomey lor the Delendunt, have personal knowledge of Ihe Iitels
contnined inlhe foregoing and there lore do verily that the informal ion contained therein is Irlle nnd
correct to the best of my knowledge, informnlion nnd belief.
I
~J
i SERRATELLI, ESQ.
nONALn JEFFIU;Y SMITII,
I'lnllltilTlnespOlldellt
: IN TilE counT OF COMMON 1)L1~AS
: CUl\llIImLANI> COUNTY, I'ENNSYLVANI,\
v.
: No. 920 Civil, 1995
BArUJAnA n. SMITII,
nefelltlnllt/l'elilloller
: CIVIL ACTION - LAW
: IN nlvonCE
CERTIFICATE or- SERVICE
I, Lori K. Serrntelli, do hereby certify thot on FeblUory 111 1997,1 served a eOJlY ot'the
foregoing Motion for Hearing upon the Plaintilli'Respondent by dCJlositing a copy in the Unit cd
Stotes mail, postage prepaid, addressed ns follows:
Petcr 1. Ginngiulio, Esq,
P.O, 1J0x 567
Unionvill PA 19375
t~,
I . Serrntelli
SERnATELLI, SCIIIFFMAN,
nnOWN & CALIIOON, I'.C.
2080 Linglestown Rd., Suitc 20 I
Harrisburg, P A 17110
(717) 540-9170
Attorney for Det'endont/Pctilioncr
'.
~
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD JEFFREY SMITH,
Plaintiff
BARBARA D. SMITH,
Defendant
NO. 95-0920 CIVIL TERM
AND NOW, this
ORDER OF COURT
zi 1~day of March, 1997, upon consideration of
the attached letter from Lori K. Serratelli, attorney for
Defendant, the hearing previously scheduled for April 10, 1997, is
CANCELLED.
BY THE COURT,
!i/L,o
Peter J. Giangiulio, Esq.
P.O. Box 567
Unionville, PA 19375
Attorney for Plaintiff
~ c..~.....'- r,,';'~l,..l .3I,~'fI1'1 ,
.U A.f.
Lori K. Serratelli, Esq.
Suite 201
20BO Linglestown Road
Harrisburg, PA l7l10
Attorney for Defendant
:rc
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March 19, 1997
1.<'111 K. SIIlItAI II II
The Honorable J. Wesley
aler, Jr.
Cumberland county Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
Re: smith v. smith
SlEVIN), SCllIII MIN
MIl'IIA" 1'.11I1""'N
HtlNAlI) L (:AllllllIN
Dear Judge aler:
GAll\' I.. H(lIII\(]lIIP
On behalf of the Defendant/Petitioner, Barbara D.
smith, we would ask that the hearing in the above
captioned matter scheduled for April 10, 1997 at 1:30
p. m. be cancelled as the parties have settled the
matter.
1l111l1III Il, IIA~IIE'ltlN
VlIllOlNlAM,IlI,"
Thank you.
GAlnll A. S IT.I'I IlN'iON
Or COllN!\U
IMI'N nClhlt\thll)
Very truly yours,
SERRATELLI, SCHIFFMAN,
BRa~WNC LHOON, P.C.
. . t.~,......<)..t~Q)'
Lor K. Serratel1i
LKS/dae
Enclosure
cc: Barbara smith
Peter J. Giangiulio, Esq.
SI'III" llll
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