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HomeMy WebLinkAbout95-02411 . - ,-.--- - -. ~~...., , . ~ ~ ... w 81 w .1 8 ~ ~ 8 ~ ~ 8 ~ ~ 8 8 8 8 8l ~ 8 M. 8 8 8 *. *. 8 8 . *. ~ 8 8 8 81 -I C,.. ,;#. ~I - *-*-*~*~.~.~-~..~.~.~.**.~.~. , . .:t;' :. .:t:: .:.:. .:.;.' .:.:. .:.:. .:t:. .:~. .:~ .:c- '" .v. .,., 8 ~ ~ ~ 8 8 8 8 8 8 8 8 , , l!l ,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ;~~t COUNTY PENNA, SUSAN M. RUSCITO, :'\ t I, 95-2411 CIVIL 1') PLAINTIFF \' .'1"11' ALFRED A. RUSCITO, DEFENDANT AND NOW, DECREE IN DIVORCE r~ ~JL 2L 19 95 SUSAN M. HUsclTo ALFR~Q A, RUSCITO 8 . . " 8 8 . 8 Ii! I~ i", ,., Iii! ~ III ill . ~ ~ it is ordered and decreed that and, , plaintiff, defendant, are divorced from the bonds of matrimony, The court retains jurisdlctlun of the following claims which hove been raised of record in this mtlon fOf which 0 final order has not yet been entered; \} ~_ TI1I! MHrhge Se~t1ement AYfeOml1nl datl;ld Jllnl1 incorporated Into this !Jeer.." by referaonl,J shall net, however, mllryo wILli this P....r.II, 0, 'I'l'iu 199~, !,s agraement II, 1!li ,. <<., lJ 'i' ,; I II I "'I.., ,..-{ . . I. I. . // ....,.,.. ./ I '.H." '1'f ' '''''t.l'fl, /..,.............."'.'T.i ~A,~~)' I \,:,,(1 ^-;,;:7 f ,.., Jl,,,lljl'iH,LlI \ . ~ 11 , . . ~ . i<< A', :+: ;.. . -.- ..- .. ... .. . :. :.. -. ".t.,l :.', 0,;'5 ,1.-1 "-1J ".;Jf/ 7J. f.) .4?ff" S'..;S ~r '7~CA' /)~~/ dJ ,~~ I i I i I I i I I I I I I I 1 I I I , I TRIS 19 C/.sJ , NARRIAGI SITTLZMlNT AGRlIMlNT AGREEMENT made this /I3::1 by and between SUSAIf day of ~Ll/\j~ M. RUSClTO ('WIFE") of , Mechanicsburg, Pennsylvania, and ALFRED A. RUSCITO ("HUSBAND") of Roanoke, Virginia. NIT " E S & E T H I DIANE G, RAlICl.In An'()RNf.Y,AT.I.AW ....1 RINIIU ROAU (:AMP 1111.1., PA l7ull WHERBAS, the parties hereto are HUSBAND and WIFE, having been married on March 7, 1970 in Syracuse, New York. There were three children born of this marriage: Jodi Ann Ruscito, born September 12, 1970; Daniel J. Ruscito, born March 2B, 1976; and Raphelle H. Ruscito, born November 10, 19BOI and WHERBAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification I the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the I settling of all matters between them relating to the past, present and future support, alimony andlor maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. .ON, THIRJ:rORJ:, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as followSI 1. I.COR'OIATlO. or 'DAlGLI, The recitals set forth in the Preamble of this Agreement are incorporeted herein and made a part hereof as if fully set forth in the body of ths Agreement. 2. AODIMIIT .0'1' A..JAR '1'0 DIVORCE 'ROCIIDI.OI. This Agreemsnt shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if Buch grounds now exist or shall hereafter exist or to such dofense as may be available to either party. This Agreement is nol intended to condone and shall not be deemed to be condonatioll Oil the pall of either party hereto of any act 01 ads on tlll.l pal I 01 the othel 1'1l1'I.y which have UIANI,'" MAIllIII! A IIUM"'H 41 14W It.. 1.I"'UIIIIO~1I (4~U' 1111 t,." 11011 l occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in WIFE'S Cumberland County divorce action docketed to number 95-2411 Civil Term. As soon as possible under the terms of said Divorce Code, being on or about August 4, 1995, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. IFPICT OP DIVORCI DICRlE. The parties agree that unless 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. .. AGRIltu:IlT TO BE IIICORPORATED III DIVORCI DECRlI. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. "Oll-HERGER. It is the parties' intent thal this Agreement does not merge with the Divorce Decreo, but rather, shall continue to DIANE Ii. RAllel.lH ArJORNt,\',AT,I.AIY IHI "nWWI f ROAf) [AMP 11111, "A 17011 3 IIIANt. (;. IIAIlCl.ltI AnUI\NH,AI.'A" IHI..IIINI.. t IIO.\U tAMP 11I11, r" I7tlll of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, HUSBAND acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that HUSBAND voluntarily has decided not to retain such counsel, and further acknowledges that he has read or had a full and complete opportunity to read this Agreement that he understands his legal righte and obligations pertaining to the dissolution of the marriage and the collateral economic issues pertaining thereto and HUSBAND accepts said Agreement as being fair and equitable and that said acceptance is not based on any advice or representation made by WIFE'S counsel, Diane G. Radcliff, Esquire, nor has any such advice andlor representation been given to HUSBAND by said counsel. 9. FIIAMCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financiel disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER or PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party 6 complete inventory or list of ,. ~ IIIANE G. RADCI.IH ArroRNEY.AT,I.AW 'Ull'JlINlIll ,UUI) (AMP 1111,1., .." nUll all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by msans of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and mllke decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be differsnt from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any Both parties other person or persons upon either party. hereby waive the following procedural rightsl a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as prov ided by the Pennsylvania Divorce Code. 6 IlIANr, (;. IIAIII:IIII AnUANH,AJ.I ~W If.. "J'UNlIl t tUUII c:.u.tf'f1llt.""l7ulI furnishings, household equipment and rugs, carpets, appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND I and HUSBAND agrees that all of the property in the possession of WIFE shall be the sole and separate property of WIFE. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 13. ArTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, since June 1994, the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party purauant to the terma of Lhis paragraph. II 13. DIVIIIO. OP VEHICLII. WIFE shall have the right to possess, use and purchase the 1993 Toyota Corolla four door sedan currently leased in HUSBAND'S sole name. WIFE'S rights shall in all respects be under and subject to the provisions of the vehicle lease agreement pertaining to this vehicle, all of which will be complied with by WIFE. WIFE shall be solely responsible for all payments arising out of the lease and her use of the vehicle and shall indemnify, protect and save HUSBAND harmless therefrom. The parties shall attempt to secure a transfer and assignment of the vehicle lease from HUSBAND to WIFE. In the event said transfer cannot be reasonably accomplished, ths parties shall cooperate with each other and shall sign all documents necessary to effectuate the terms of this paragraph including, but not limited to, annual vehicle registration forms. To the extent permissible, HUSBAND will execute and deliver to WIFE a limited power of attorney so that said documents can be signed by WIFE on behalf of HUSBAND. 16. DIVIIIO. OP REAL ESTATE. The parties are the joint owners of a certain tract of improved real estate known and numbered as 5274 Strathmore Drive, Mechanicsburg, Pennsylvania, heretofors utilized as their marital home (hereafter "Marital Home"). The Marital IlJANE G, RAIICLlH AnnRNF,Y,Al,!.AW IUI TRINHU 1m".. (:AMP 11111., p" I1nll 9 IHAN!, I;, ItAlll.l11t AlIHItNI V,A II AW Jul 111I~llJJ IW4'I (AMP 11111, ~-, l7ull Home is subject to a mortgage with PNC in the approximate amount of $149,000.00 (hereafter the "Mortgage") and is listed for sale with Jack Gaughen at a listing price of $lB2,900.00. With respect to the Marital 1I0me, the parties agree as follows I (a) The parties will continue to have the Marital Home listed for sale with a qualified real estate broker mutually agreeable to them, who shall market the property and attempt to effectuate a sale. The parties shall follow all reasonable advice given by said real estate broker ae to marketing and sale so that the Marital 1I0me can be sold at the best price obtainable. The parties will accept any reasonable offer to purchase the Marital 1I0me, considering existing market conditions. (b) Upon entering into an agreement to sell the Marital lIome and upon flnal settlement thereon, the parties will execute all documents necsssary to compete the sale and settlement. Upon said completion, the entire nal procoeda derived from the sale ahall be paid and t!lsbureBfi to wa'Ji; who ohall retain them lie her 1I01e and lHI(JlHftte plopelty, All cftpllal gaille taxell, if any, arioill\J flam the llftle IIhall be reported by WIFe; on her' applicablu tllX rotuII1B llnll palt! by heq lIuhject, however, 10 expenses at the same level as he had been prior to to the right to defer said taxes as may otherwise be permitted by law, rule or regulation. (c) Pending the final sale and settlement HUSBAND shall continue to contribute to the normal household entering into this Agreement, which shall be in an amount not less than $2,200.00 per month and not more than $2,400.00 per month. These payments shall be accepted by WIFE in lieu of child support and spousal support or alimony and will be utilized by her to pay the household expenses including, but not limited to, utility expenses and the $1,400.00 per month mortgage payment. Provided that HUSBAND makes these payments, WIFE agrees that ehe will be solely responsible for paying the utilities and mortgage payments and shall indemnify HUSBAND from all liability thereunder. Upon sale and final settlement. HUSBAND'S payments to WIFE shall be reduced to $1,000.00 per month as set forth in Paragraphs 26 and 27 herein. (d) Each party shall be entitled to claim as a deduction on his or her applicable tax return fifty (50\) percent of the amount of deductible expenses for the Mar ita 1 lIome. Other than said income tax deductions there ohll11 be no othor income tax ramifications to IlIANt, Ii, IIAIlCI.IH AT1I1RMY,AI,IA W IHIl1kl'"1 t .1iI1A-1I (,Utl'lIl1l.t'.4.l7tlll 11 either party pertaining to HUSBAND'S contributions to the Marital Home and household expenses. 15. RADIO STATION INTEREST. HUSBAND shall receive and retain as his sole and separate property all of his interest in the radio stations WROG and WNTR and WIFE hereby waives, releases and renouncss all of her right, title, interest and claim therein. 16. IACH PART' RETAINS OWl PINS ION PLAlS. Each of the parties does specifically waive, release, renounce and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan andlor any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan shall become the sole and separate property of the party in whose name or through whose employment said plan is carried. 17. DIVISION or BAtIK A!;;~Ql!JIIILJ'lQ~KlLll.I IN.UIWICI. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of thuir bank accounts, certificates of deposit, IRA accounls, bonde, IJIANt: G. RAUCUH AnllMNl,f,AT,l,AW 14.1 nU~1II t 'tOAII (:AMP 11111.. ,..\ 17Ull 12 shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposi t, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and aeparate property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 18. MARITAL DilTS. With respect to any outetanding debts incurred during the marriage, the parties agree as fo11oWSl (a) ~'he debt for the leased vehicle shall be governed by the provisions of Paragraph 13 herein. (b) The mortgage debt for the mad tal home shall be mAN." 1I,o\III.IIH AIIIIMNI\ AI,' ~\\' 'UI I_INIH t 1111\11 (.AMP 11I11, p.. '11111 governed by the provisions of Paragraph 14 herein. 13 demands made against him by reason of debts or obligations incurred by her. 31. HUSBAND'S DIBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. :12 . BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to rsaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto oblalnB a diBcharge of any obligations assumed hereunder, the olheI' party shall have the right to terminate this A~reement in which event the division of the par'tiee' marital IIIHI\!tll al1,11I11 other rlghtB determined by thlll AlJllHlment Ilhllll l,e Bubject to court determination the 111111'" IIU If tide AfjrlHllnOllll hed never been elllered into. UIANI, I., IUIlr:l1t1 AnllMNH A I lAW 'HI flH"-IH' IflUII 1 ~j <<..\M. 1111 I. r\ !JIIII 23. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Sscurity benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 2&. INCONI TAl: PRIOR RETURIIS. The parties have heretofore filed joint federal and state 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 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. 35. FINAL EQUITABLE DISTRIBUTION or fROPERTY. DIANE G. RAlltl.lH ATIURNF.V.AT.I.AW .u. TRINJ}I.[ .OAII (:AMP 1111 t.. rA 11UII The parties agree that the division of all property set forth in this Agreement is equitable and in the event !In 16 action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agresment of the parties that this Agreement is a full, final, complete and equitable property division. 36. ALIMO.' . Commencing with the first day of the month following final settlement on the sale of the Marital Home, and on the first day of each month thereafter, HUSBAND shall pay WIFE alimony in the amount of $500.00 per month. This alimony shall terminate upon the earlier occurrence of the death of either party, WIFE' S remarriage or the partiss' daughter, RAP.ILLI M. RUICITO, turning age 18. Otherwise, the alimony shall be non-modifiable. The alimony is intended by the partiee to qualify as an alimony or periodic payment under applicable IRS regulations and shall, therefore, be deductible by HUSBAND on his applicable lax returns and shall be includable as income to WIFE 011 her applicable lftK relurns. Each party shall prepare IInd tile hili 01 her lax rolurne in such a manner as to effectuate thla Intention, IJIANt (. 114111.111 I AIIUMNIl AI I A 1'0 lUllil.l"UI f ItU,",11 I.Hlf' UIII. t\ PUll 17 37. CHILD SUPPORT, Commencing with the first dey of the month following final settlement on the sale of the Marital Home, and on the first day of each month thereafter, HUSBAND shall pay to WIFE the amount of $500.00 for the support of the parties' minor child, RAP HELLE H. RUSCITO, to continue until that child reaches age 18. 38. POST SICO.DARt EDUCATIO. EXPI.SES, The parties shall contribute to the post secondary educational expenses for any of their children under the age of 23, which expensss shall include tuition, room, board, books, fees and necessary supplies, and will be the net amount of such expenses after deducting any available amounts from scholarships and grants. Contributions shall be made by eaoh party on a pro rata gross salary basis. As a condition of the obligation to make said contributions, each party shall be consulted with pertaining to the choice of any educational institution to be attended. 39. PIRSO"AL 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. t!lANt. (;. luncLltl ATlllMNlY,AI.IAW un llllNUI t MilA-II CAM!' 11111, fA 171111 18 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 or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 30. MUTUAL RBLEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interests, 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 situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights , family exemption or similar allowance, or under the intestate laws, or ths right to takA lIIANE G, RAIlCU.... ATrORNEY,AT.I.AW IHI TRINUU- .UUII CAMP 11I1.1., PA I7Ul1 19 JIIANt: Ii. 1U1I(11t t Al'WftNH A I I All .HI -I'II~UI f .1I~" .~".., 11I11, .." Phil against the spouse's will; or the right to treat a lifetime conveyance by ths other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, pt"esent or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a reeult of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may ariss under this Agreement or for the breach of any provision thereof. It 1:3 the intention of HUSBAND and WIFE to give to each other by the execution of tilis Agreement a full, complet.e and general release with respect to any and all property of any kind 01' nature, r'eal, personal or mixed, which the other now owns or may hereafter acquire, except and only except all r1yhlti and agleeltllllllli and ubligations of whatsoever natui-e arlsllllJ 01 which IIlUY alllle under t:h1s Agreement or for the breach of /lilY I'lllvl..!OIlIi thereuf. 20 31. NAIVER OR MODIrICATIO. TO BE I. KRITI.G. No modification or waiver of any of the terms hsreof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 33. HYn/AL COOPERATIOH. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments andlor document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 33. AGRJ:&....T IIHDI.G O. H&IRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 3.. IHT&GRATIOH. This Agreement constitutss the sntire understanding of the parties and supersedss any and all prior agreemsnts and negotiatJons betwsen them. There are no representations or warranties other than those expressly set forth herein. 1I1ANt. Ii, IIAI)(11t t AnllMNttA I lAW 1..11 ~IN"'. '''HU rd'" till I , .." I1IHI 21 35. OTHER DOCUMlI'1'ATIOI. WIFE and HUSBAND covenant and agree that thsy will forthwith (and within at least twenty (20) days after demand therefor) , executs any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agrsemsnt, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 36. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the tsrms of this Agreement. Ths failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any othar obligations herein. 37. BREACH. DIANE G. RAIlCl.Jrr An'oRN[\',AT,I.AW U41 TIlHrWU: IWAn CAMP 11I1.1.. 'A 17011 If for any reaeon either HUSBAND or WIFE fails to pel'form his or her obligations hereunder owed to or for the benefit of 22 the other party andlor otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party: (a) the right to specific performance of the terms of this Agreement, in which evsnt the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remediel set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.B.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replllcement thereof by IIny other similar laws, which remedies shall inClUde, but not be limited tor (I) the entry of judgment/ IIIANt: Ii, MAUnut AnolNn'A 1-1 AW '''1 TIIU~IJII _f),H. 2 ] c:~.., 11111, ,. '"'' 0 (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the award of intersst on any unpaid installment; (4) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (5) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (6) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order therefor including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (7) the award of couneel fees and costs; (0) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. DIANE G. RAIICI.I'" A1TORNtv,AT,IAW IUllIUNnu,IWAn CAMP 11I11. PA 17011 24 Il/ANt I; HAIIIIIII ArWM"1l A I I AI> h~1 Jlllllil'H t 'llUH (.4", Hili."" I1UII 38. SIVlRABILITr. If any term, condition, clauss 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 Agr"eement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 3g. LAN or PI...rLVANIA APPLICABLI. This Agreement shall be construed in accordance with the laws of the Co~nonwea1th of Pennsylvania. .0. IIADUIGI .OT PART or AQI\IIMlIT 1 Any headings preceding the text of the several paragraphll and Bubparagraphs hereof, are inserted solely for convenience of reference and shell nol constitute a part of this Agreement nor ehal! they sffect Ils meaning, construction or effect. IlY B 1 IlN I NG '1'1116 AGRItF:MI!:N'I', I(ACII PAR'I'Y ACKNOWLlWlJP;S IIAV I Nil READ ANLJ lJNllf:IUiTOO[) 'I'll!!: b:N'1' III!!: AGIIF./l;MP;~/'I', ANlJ EACII VARn ACI<NOWJ.lWlll!:!l THAT 'I'IU!: I'ROVlfllONfJ IW TillS AORJU:MEN'I' SIIAI.L B! AS ~b COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this the /(/6 day of (JA' (A.t!.. , 19!fs.., before me the undersigned officer, p~rptnally appeared, IUI" M. RU8CITO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. COMMONWEALTH OF VIRGINIA COUNTY OF J\>uClnLke.... Nolftl SolI ~l ShWn. NlMryF'l'" MiddIosD. 'l1I.!l. ell_rid Coor1lV My CllITlI11ollliOn Expres July J, 199!l SS, On this the .) ~ day of ,June , 19 (1:::-, before me the unders~ officer, personally appeared, ALFIID A. RU8CITO, known to me (or satisfa~torily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~Llll )~l~ ...'))-~'}1 l)Jv}l"Lt 1"-.) NOTARY PUB IC DIANE G. RAIlCI.IH A1TOIlN':V,A l',J,AW Uti llUNIIU AUA" CAMP 11111, ,'"' 171111 ""U"It"" "", \'" ZIMAj t.." ".t~ ........ {.-t;, ',. " ':,OtHV,", 1" " - . .'~' ......,." fI' f ..:I:'J' <)'. -t. ~ .:f..) "J: ~ : ! I OF :: ~ \ : .. ~ \ " : fII . '" '': ~ -1.::../ItG"l\~..'..$'J \~ fl"~~"A'I...tl:\o.v \' '" .,fty pv'" ,,' '",,,,,....,,,, ^ II , 'U) Vl I.. J \\ ,I "j'- iil f2 :5u, ,(,q{" I. '1) II (' :, " 27 SUSAN M, RUSCITO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-2411 CIVIL TERM v, ALFRED A. RUSCITO, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following Infonnatlon, to the court for entry of a divorce decree: 1, Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code, 2, Date and manner of service of the complaint: BY CERTIFIED MAIl/RESTRICTED DELIVERY ON MAY 12, 1995, 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff: 08/08/95; by the Defendant: 08/11/95, (b)(l) Date of execution of the Defendant's affidavit required by Section 3301(d) of the Divorce Code: N/A. (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A 4, Related claims pending: ALL ISSUES RESOLVED BY THE MARRIAGE SETILEMENT AGREEMENT ENTERED INTO BE1WEEN THE PARTIES DATED JUNE 23, 1995. 5, Date and manner of service of Notice of Intention to Request Entry of Divorce Decree, a copy of which Is attached: N/A. / D~E: u. fl C 3448 Tn" Road Camp Hili, PA 17011 (717) 737.0100 1.0, No 32112 Attorney for Plaintiff IlI1\NI Co, 111\111 1111 I\III1MM\ ~I I ~\\ UiII Ull-"UII IHUII I Uti' 11111 I'~ lJull 6. Plaintiff has been advised of the availability of counseling and the right to requeet that the Court require the parties to participate in counseling. 7, The Defendant is not a member of the Armed Services of the United States or any of its Allies, B. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at I east two (2) year's and that the marriage is irretrievably broken. WHEREFORE, Plaintiff r'equests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. ~QYI~_ll1 IQUltAA~_QlIJftlIVJlOl 9. Paragraphs 1 throu<jh B ar'e incorporated by reference hereto as fully BS though tha Hame were set forth at length. 10, Plalnlllt alld lJulllndltllt havo legally acquired property, both r01l1 and pili 8011111 , dul1l1<j tholr mall illlJCl from March '/, 19'1~ until .June 1994, the date of IIIpaution, all of which lB "lI1/ltllal property", I 11I.\"'1 I. lUlU 1111 "II"M~I \ "I I~" HU 1I1"',H f NIHil . .4MI' 11111 1'_ nUll 11. Plaintiff ond/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-l11arlLal proporty" which has increased in value ulnce the dalo of mal'rlage and/or subsequent to its acquisition during tho l11arrlago, which increase in value is "marital property". 12. Plaintiff and Dofendanl have boon ullablo to ayreo as to an equitable division of Baid property aD of the date of the filing of this Complaint. WHERE~"ORE, Plaintiff roquoBts this lIonorablo Court to equitably divide all marital property of the partieo. COUNT 1111 ALlMO.'_P~NDI.TI LIII, ALlMO.' 13. Paragrapho I through 12 are Incorporated by reference hereto ao fu 11 y as lholllJh the same were Bel forth at length. 14. Plaintiff lacko sufficient properly to provide for her reasonable means and Is llll/lblo t.o support hereelt though appropriate employmellt. 15. Plaintiff requlros lonuonable Bupport to adequately maillt/ll.n heraelt in accordllllce wi th tho standard of living eotablluhed during lhe malllllqo, WIlERE~"Ofl~;, Pllllnllft Inqllll"l II thle lIonorable Court to enler all Ilward 01 ollmollY (101111"1110 lito lllllll flnol hearing and hereafter enter an aWlIfo of III imony permanently t linroaf leI. 4 VIJlI'ICATIOI SUSAN M. IHlSCI'I'O vnrlfluu that the atatements made in thIs COMPLAIIT II DIVOJlCI nl tI 'IU8 and correct. SUSAN M. RUSCI'I'O undol ut/lllllu I hnl IlIlutl ullllemenls herein ere made Dub jecl 10 lllu pnnlll t IIHI 01 III \'n. C, I:l. Secl10n 4904, relating to unswurll Inlulllcnt lun lu nul Iwrlt 1011. IlUtA~' k: 'RU~~ITb 1111" iliA". I. IIAIII I III A 1I1111~1l A I I H' ...1 IIH~ltl' ~1I"11 f AMI' 11111 ..~ I III II SUSAN M. RUSCITO, PLAINTIFF v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2411 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALFRED A. RUSCITO, DEFENDANT AFFIDAVIT OF CONSENT TO DIVORCE AND NON-PARTICIPATION IN COUNSELING 1. A Complaint In Divorce under Section 3301(c) of Ihe Divorce Code was flied on May 4, 1995, 2, Defendant acknowledges thai service of the Complaint was made by certified malVreslrlcted delivery on May 12, 1995, 3, The marriage of Plaintiff and Defendant Is Irretrievably broken and ninety (90) days have elapsed from the date of filing Ihe Complaint. 4, I have been advised of the availability of marriage counseling and understand that I may requesl that the Court require that my spouse and I participate In counseling, Being so advised, I do not request that the Court require counseling prior to a Decree In Divorce being handed down by the Court. 5, I consenl to the entry of a final Decree In Divorce. e, I undersland that If a claim for alimony, alimony pendente lite, marllal property or counsel fees or expenses has nol been flied with the Court before the enlry of a final Decree In Divorce, Ihe right to claim any of them will be lust. I verify that Ihe slatements made In this Affidavit are true and correct. I understand Ihal false statements herein are made subject to Ihe penallles of 18 Pa, C,S, Section 4904 relating to unsworn falsification 10 authorities. Dated:.Q~~~.::L o IlIANE CJ. RAIlCI.IH ATIURNI:Y,AT.I.AW 'UI1'II.INUU aUAU (:AMP 1I11t. t'" 17011 D A. RUSCITO lit ~ ~ !:::;t, ;::::; JI 10.... ~~ ~".~).. .;.~'~; 't... -I:;' 'II ,}. . ~) .. -:It-._ I -t.). 't ~~ (~.~l L,lI,'" .,1" ~. .1:4. .....':...... C. t...\ " -i SUSAN M. RUSCITO, PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-2411 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ALFRED A. RUSCITO, DEFENDANT CIRTIrICATI or 81RVICI I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, ALFRED A. RUSCITO, by certified mllil/restricted delivery on the 12th day of May, 1995. The return receipt is attached hereto as Exhibit "A" and made a part hereof. , Respectfully submitted, ~ ,E IIIANt (.. lIAIIII Hf AIIIIMNI\ AI lAW 'HI IMJNIIj t IIU~II i ."'If UIII "-4 I 'ill I I 1.11 01 ('I , -! ~j, !~ ! to :; d i1m ~<I! " 1 ",' . . , '