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HomeMy WebLinkAbout95-02513 I' " " Ii , (' " -1'1'1 ., I I ',I ;' , 'I ' d 1.;1 I Ii 'I :1, ,"~I ,I '. " I', i, . I " I" " I! I " " I ~ , I 'I' I I. 'i' I , ':' .Ji,.', ,,' "_:",YI'r "1"1'.' ., II " " /' , /' ., " " " " , '/il II .i\!',~:":,i,,:.i".;., ~'_i \ I" ' : \i " r' ' ::~ R' r' ( . , , . , ;\,'__'il," ,',/(,\11: .. Ii , ".!ll, , ' ,t' , I , , I, .1 " ,I, , , ' " , I 1'1 II J'I' ,I 'I " ,,' , , ,I , 'I . I 111 I ,I" " , " 'I I' I', il ,'-, , I' I' I. ! I , " ," il: , " 11',' , " ), 1.1 I! ,II " 'J'I , I " '" I, ", i' " " II ",)1 .//' " 'J,I i" " 'I Ii " I Ii "I " I ~ ii'I I i/ ' III ,'I " "(" , . I }j 'I " ! , , ',1\ "I l'/'i'( , ,/ "'l E ~: .... ! , " I'; 'I' , I , , 'I " I II" J,.'. ,I , , , , . , , , I , , , ,I I,i I I, , I '/1 1'1 ,', , ! ,11- " I, " I , di i" ,I ',I I , , , II I" " " /1 I. I I' I, , I , , -() " i,1 " " " " ,!I " , I I " - I, " " " Ii ,I '1.1' , "1 I , !1 , I .. ,il " ",' 'I ,'/,". " 'I, " ,,',, ',II i " Ii ,'I '" , " ., , , ',I, , ' 'II , p: " , , " ,I , I , ' ;1 , , " I' , 'I 'I' , , , 1,1 " "~I 'I Ii ,,1,1 , JI } 'ill I, ,I) ',;" 11:,1 , ,1'1 I, . ,'; "",11' I .\' /, /1 " 'I , " II, ,,' ,I' ~ II I' " , I, , , I III, 'I , , d I, ., I iI , I, , , " , .. " ~'~) 1 ~~ ~J, (~f1 ,}f~..dl ~ tiff 1:J..~#1 ~-~,~ '?/~ 11o/:',.;.c,W ft.. ,r.(f ~/~ I " " " . . . lA -.. .." E j7'!1" ~j ~-. J 't} ~~. ,I ~ 1:'lr II ~ .",,)I-h .r ., , , ClO r-.., , Iiil , '. - I .' . , , . ,." ',. . " " . I . . ..~ I , I" j3!~ ~t:: ~I~m ~ !K " , I " ,. I' ... . . , " '.'.. , . . DIANE G. RAllCUFt' A'nOIlNf.Y.AT.I,AW .... '".INUU. lOAf) CAN' 1111.1., 'A "Oil .. . MAIUlIAGI IITTLIHlMT AGRlIHlIft' '1111 AGIlIIMIIT made this J!l!!!. day of 9. l A.l..-J 19.!l5..., by and between TIRlIA M. PILLIOR.IIO ("WIPE") of Middletown, pennsylvania, and IAVIlR.IO R. PI1.1.IOII.IIO (" HUSBAND") of Cemp Hill, Pennsylvania. WIT 1 I I BIT B I ""IRlAB/ the parties hereto are HUSBAND and WIFE, having been married on May 4/ 1974 in Berwick, Pennsylvania. There was one child born of this marriaget Philip J. Pellegrino, born March 25, 1978; and WBIRIJUl, di.verse and unhappy differences, disputes and difficulties have arisen between the partia8 and it is tha 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 spec1ficationt the settling of all matters between them relating to the ownership and equitable distribution of real and personal property I the settling of all matters between them relating to the past, 1 DIANE G. RAIJ<;I.IH ATTORN f,Y.n-I.'\ W IH' .rI.1NIlU MOAt) "AN' 11111" PA 17.11 ~ . present and future lIUppor.t, alimony and/or maintenance of WIn by HUSBAND or of HUSBAND by WIFEI and in general, the settling of any and all clnlms and possible claims by one againBt the other or against their reDpective estateD. ION, TH.UrOU, in consideration of the premises and mutual promises, covenants and undertakings hereinafter Bet forth and for other. good and valuable consideration, receipt of which is hereby acknowledged by each of the partieD herQto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as followSI 1. INCOII.PORATIOK or PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully Bet forth in the body of the Agreement. 2. AGRlBMJIT NOT A BAR TO DIVOII.CI 'ROC..DINO.. This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exillt or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differencea which have 2 DIANE G. RADCUH ATTOIlNEY.,\T.J.,\W .... nlNIlI.J. MClAIl CAN' 11I'-'" 'A IlUII " occurred or may occur 8ubsequent to the date hereof. The perties aoknowledge that their marriage i8 irretrievably broken and that they shall secure a mutu~l oonsent no-fault divorce pursuant to the terms of Section 3301 (0) of the Divoroe Code in HUSBAND'S Cumber land Coullty divoroe action docketed to number 95-2513 Civil Term. As soon as possible under the terms of said Divorce Code, being on or about August 10, 1995, the parties shall execute and file all doouments and papers, includlng af.fidav its of consent, necessary to finalize s~id divorce. If either party fails to execute and file any documents necessary to complete the divorce including, but not limitad to, an affidavit of consent, then the other party, at his 01' her option/ shall have the right to declare this agreement null and void. 3. .r'ICT or DIVORCI DICRlIL The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and eff.ect after such time as a final Decree in Divoroe may be entered with respect to the parties. t. AGRlIMlMT TO 81 IIC:OII.PORATID 1M DIVORCI DICRlI. Tha parties agree that the terms of this Agreement shall be incorpor~ted into any Divorce Decree which may be entered with respect to them. 3 DIANE G. RADCUn ATTOIlNEY.AT-J.AW 1411 nINIII,r. all..) CAM, ltIu.,"'\ 17011 . which shall bll dettned 48 the date of exeoution of this Agreement unless otherwise speoified herein. II. ADVIql OL~ The provisions of this Agreement and their legal effect have been fully axplained t~ the parties by their respective counsel, DIANE G. RADCLIF~, ESQUIRE, for HUSBAND, and J. PAUL HELVY, ESQUIRE/ for WIFE. The partieD acknowledge that they have received independent legal advioe from counsel of their selection and thac they fully understand the facts and have been fully informed AS to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstancee, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge IInd 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. t. rI.~C:IAL UIICL08URZ. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. The parties further represent and warrant that all of their marital assets subject to equitable distribution are set forth 5 DIANE G. RADCI.IFf ATTOllNEV.,\T.J,AW 1441 TaINIlI,f. aOAIl CAlli' 11I1.1" PA 11QII , . on Exhibit "A" attaqhed hereto and made a part hereof and that neither party has an interest in any other auet nor hal incurred any debt subject to equitable distribution that il not set forth on said Exhibit "A", 10. DIICLOIURI..D WAIVlR or .ROCIDURAL RIGI'I. Each party understands that he or she hal the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the dat~ of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court declsion concerning the parties' respectiva rights and obligations might be different 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 pdrty upon the other or by any other person or personll upon either party. hereby waive the following procedural rightsl Both parties 6 , . a. The right to obtain an inventory and appraisement of all marital and l\on-marital property as defined by the Pannsylvftnia Divorce Code. b. The right to obtain an inoome and expense statement of the other party as provided by the pannsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to havll the court determine which property is marital and which is non-marital, and equitably distribute between the putles that property which the court determines to be marital, and to set aside to a party thet property which the court determines to bll that parties' non-marital DIA.NE G. RADCLIFF ATTORNU.AT.LAW I." nlNIlU aOAIl CAN' 11I1.1.. ,. 11011 property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to poseible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary 7 DIANE G. RADCl.ln' ATTORNf.Y.AT-I.AW .... 'faINII..f. aOAII "AN' "'1.1" 'A IlQII alimony) , equitable distribution, oUBtL)dy, viBitation, and counsel fees, costs and expenses. 11. 'IRlOIAL PROPIRTf. HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings / household carpets, rugs, equipment and applianoes, tools / pictures, books / works of art and other personal property, including monies received by eithar party from the sale of such marital 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 th~ 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. 12. APTIR-ACOUIRBD PROP.R~L. Each of tha 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 assats, 8 DIANE G, RADCLIFF ATTORNf.Y.AT.lAW '441 TaINI)J.[ IU)AI) CAN' 11I1.1" PA 11011 sinoe Novamber 28, 1993, the date of separation, with full power in him or her to dispose of t.hll same u fully and effectively, in all respects and for all purposes, as though he or IIhe were unmarried and each party hereby waives, releases / renounces and forever abandons any right, title, interest and claim in and to said after aoquired property of the other party pursuant to the terms of this paragraph. 13. DIVI8IO. or VlHICLII. With r~spect to the vehioles owned by one or both of the perties, or the net procoeds or valued derived from any prior sale or trade in thereof, they agree as followSI (a) 1987 Buick Perk Avenue shall be the sole and axclusive property of WIFE. (b) 1985 Jeep Cherokee shall be the sole and exclusive property of HUSBAND. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as hereJ.n provided on the date of execution this and said executed of Agreemont titles/assignments shall bo delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due 9 to financing arrangements or otherwise. In the event any vehicle is subject to IS lien, encumbrance, lea8ll or other indebtedness the party receiving said vehicle as hi$ or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and uhall be solely responsible therefor and said party further agrees to indemnify, proteot end save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renouncs and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 16. DI8P08ITIOW or RIAL 18TATI IITIRZ8T8. With respect to the parties' interest in various parcels of real estate itemized on the Schedule of Distribution attached hereto as Exhibit "A", the parties agrea as followsl (a) WIFE shall receive as her sole and separate property the following properties I (1) 222-224 West Eight Streett Berwick, PAl (2) 324 Adelia Streett Middletown, PAl (3) 200 Wilson Streett Middletown, PAl (4) 1340 Woodridge Drive, Middletown, PA DIANE G. RAnCUff ATTOIlNU.AT.I,AW 1..1 TaINIIU allAII 10 CAlli' 11I1.1., 'A 11011 (h) HUSBAND sholl receive as his sole and separate property the following propertyc (1) 224 North Union Street, Middletown, PA. (c) Within five (5) days of the date of the entry of a decree in divorce between the parties, but in no event any later than September 1/ 1995/ each party sha1.l execute and deliver all documents in the usual form grantlng, tre,nsferring and conveying that party/s interest and claim in and to the property or properties to become the sole and separate property of the other part.y pursuant to the provisions of this Agreement. The said conveyances shall be under and subject to all mortgages/ liens and encumbrances of record against the respective properties. Any party receiving sole ownership of a property subject to a mo~.qage, lien or encumbrance shall be solely liable for the timely payment thereof and shall indemnify, protect end save the other party harmless from any and all liability thereunder. (d) Within five (5) days of the date of the entry of a decree in divorce between the parties, but in no event any later than September 1, 1995/ each party will assign ell of his or her interest in any leases for any property to become the sole end separate property of the DIANE G, RADCLn'F ATTORNF,V.AT.I.AW ...... 'rIINnl.J. lUAU CAN' 11I1.1" PA IlQII 11 DIANE G, RADCLIFF ATTOIlNf.V.AT.l.AW '4011 'raINDU. ROAn CAN' 1111.1., 'A 11011 other party pursuant to the terms of this Paragraph and will transfer to the appropriate party all security deposits pQrtaining to those proporties. (e) For the tax year 1995 the inoome and expenses for each of the properties shall be apportioned between the partieo. HUSBAND shall claim and report all inoome and expenses for all of the above mentioned properties received or expended by him to tho date of the tranl\fers Bet forth in Bubparagraph (c) above. Each party shall claim and report all income and expenses for the property or properties he or she is to receive ae his or her sole and separate property pursuant to t.he terms of this Paragraph after the date of the said transfer. 15. IAC:H PARTr ....TAII8 OWl PI18IOI PLAR8. Each of the partias does speoifically waive, release, renounoo and forever abandon all of his or her right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plant Profit Sharing Plant 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party/s employment or otherwise, and hereafter said Pension Plant Retirement Plant Savings Plan, Tax Deferred Savings Plan and/or any omployee benefit plan shall become the sole and 12 DIANE G. RADCLIFF ,\170IlN[\'.,\T.I.'\W ....T.INna... .HAl) CAN' 1111,1" .. IlQII leparate property of the party in whole name or throuQh whos8 employmsnt said plan is carried. As clarification for the foregoing, the parties acknowledge that each party shall receive as his or her sole and separate property the pension, retirement plans and/or deferred compensation plann / the value of which is listed under his or har name on the Schedule of Distribution attached hereto, marked Exhibit "A" and made a part hereof. 111. aWnJLQl.. BAlIK ACCOUIITI/ITOCIC/LI'. IIIUIWIC.. The parties acknowledge and agrea that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposito IRA accounts, bondl, shares of stock, investment plans and life insurance oash value and hereafter WIFE agrees that all said bank accounts, certificates of deposito IRA accounts/ bonds, ohares of stook, invastment plans and life insurance cash value in the possession of HUSBAND shall bacome 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 callh value in the possession of WIFE shall become the sole and separate property of WIFE. Each of the parties doel specifically waiva, release, renounce and forever abandon 13 i I , j \ whatever right, title, interedt or claim, he or Ihe may have in any bank acoount, certificates of deposit, IRA accountl, 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. 17. ~ITAL DIITI. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, proteot and save the other purty harmless therefrom. A liability not disolosed in this Agreement will be the sole rasponsibility of the party who has incurred or may hereafter inour it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remainin9 accounts which provide for joint liability. " " , , DIANE G. RADCLIff ATrOIlNlV.,\'f.I.AW 111I TalNIlU aUAI) CAN' 11I1.1" 'A 11011 14 DIANE G. RAIK:I.IH ATTOIlNF,V.,\T.I.AW ..., TaINIIU allAII CAN' 1111,'" 'A 11011 11. "AIVIR or IMI'RIT~CI. Eaoh of the parties hel'eto does speoifioally waive, release, renounce and forever abandon any right, title, interest and ol&im, if any, either party may have in ~nd to any inheritance of any kind or nature whatsoever. previously or in the future received by the other party. 19. "Irl'l DIDTB~ WIFE represents and warrants to HUSBAND that sinoe the parties' marital separation she has not contracted or incurred any debt or liability for whioh HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not oontract or incur any debt or liability after the execution of thi" Agreement/ for whioh HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any ftnd all olaims or demands made against him by reason of debts or obligation. incurred by her. 20. BU.BAMD'B DIBTB. 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 WIPE that he will not contract or incur any debt or liability 15 DIANE G. RADCLIFF ATTORNEY.AT.LAW I... 'faINIll,l aOAII CAN' 11I1.1.. PA 11011 after the execution of this Agreement, for which WIrE or her estate might be rOlponslble. HUSBAND shall indemnify and lave WIFE harmless from any and all olaims or demands made against her by reason of debts or obligations incurred by him. 21. UIIIKII.UPTCr.L The parties hereby agree that the provisions of thh Agre<:lment shell not be dischargeable in bankruptoy and expressly agree to reaffirm any and all obligations oontained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreemant shall be subject to court determination the same as if this Agreement had never been entered into. 22. SOCIAL SICURITr BIIIPITS. Tha 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 security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) yeers or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 16 '1 I d , DIANE G. RADCLIff ATToaNlV.AT.I.AW .... 'raINPU allAP CAlli' 11I1.1., PA "Oil U. I.Coa TU .1lI0. I'ITUU'. The parties have heratofore fUed joint tederal and state returns. Both parties agree that in the event any deficienoy in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, eaoh will indemnify I.Ind hold harmless the other from and against any loss or liability for any such tax deficiency or asssssment therewith. Such tax, interest, penalty or expense shall be paid solely /,Ind 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 separete income on the aforesaid joint returns. 26 . 1I.AL IQUITULI DII&TRIIUTIO. or 'ROI'..TI. The parties agree that the division of all property set f.orth in this Agreement is equitable and in the event an action in divorce is commenced, both parties ralinqul.sh the right to divide said property in any mann~r not consistent with the terms sat forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete end equitable property division. As clarification for the foregoing, it is ecknowledged that distribution of the parties' marital assets set forth in the various paragraphs of this Agreement is intended by the 17 , DIANE G. RAllCLlfI' ATTOIlNf,y.o\T.I,AW '44' 'rlllNUU, allAIl CAN' IIII.I,.'A IlQII parties to be in accordance with the Schedule of Distribution attached hereto, marked Exhibit "A" and made a part hereof. :za. WAIVIR or ALlMOn, ALlMOn ..ID.IT. LIT'., lPOUIAL SUPPORT. M4ZITIIIUICI IUID C:Oln... Excopt as hereafter provided, the parties waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. The foregoing notwithstanding / HUSBAND shall oontinue to pay WIFE the current amount of spousal support or.dered by the Domestic Relations Office to the date a divorce deoree is untered between the parties, but in no event any later than Se~tember 1/ 1995. Upon that date the partieD will execute and deliver to Domestic Relations all documents necessary to terminate HUSBAND'S spousal support obligation so that HUSBAND'S total obligation in that Domestic Relations action io limited to the $300.00 per month child support set forth in Paragraph 27 herein. :a6.~ WIFE shall have primary custody of tha parties' minor children, Philip J. Pellegrino, subject to HUSBAND'S liberal and reasonable rights of partial custody at such times 48 the parties shall mutually agree. 18 DIANE G, RAllCLlFt' ATTOIlNlY.Al'.I.AW lit. 'raINllI,' aOAlI CAN' 11I1.1., 'A 11011 Z7 . IUPPOn... HUSBAND shall oontinue to pay the, ourrent amount of child support ordered by Domastic Relations until tha entry of a decree in divorce between the parties, but in no event any later than September 1, 1995. Thereafter HUSBAND shall pay WIFE the amount of $300.00 per month for the support of the parties' minor child, Philip J, Pel1egrino, until the later of the child reaching age 18 or graduating from high school. Upon the entry of said divorce decreet but no later than September 1/ 1995, the pllrties will execute and deliver to Domestic Relations all documents necessary to modify the existing support order to effectuate the provisions of thi8 Paragraph. 38. PIRIO.AL RIGHTS. HUSBAND and WIFE may and shall / at: all times hereafter, live separate ISnd apart. They shall be free from any oontrol, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Thay 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, occupatioll, profession or amployment which to him or her may seem advisable, HUSBAND and WIFE shall not molest / harass, disturb or malign each 19 I i , , " 'I I ,I ; 'I I ,I I DIANE G. RAllCLlFF ATTOIlNlY.Al'.UW .... TaINIlI,', a.,AIl CAN' 1111,1.. 'A lID I I other or the respeotive familiel of eaoh other nor oompel or attempt to compel the other to oohabit or dwell by any means or in ony manner whatsoever with him or her. 29. HVTUA,LJlILIUI.. HUSBAND and WIFE each do hereby mutually remill8, release, quitolaim and forever discharge the other and the estate of such other, for all time to come, and for all purpo.e. 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 oLher, the estate of such other or any part thereOf, whether arising out of any former acts, contraots, engagements or liabilities of such other or by way of dower or ourtsey, or claims in the nature of dower or curtsay or widow/s or widower's rights , family exemption or similar allowance, or under tha intestate laws, or the right to take against the spouse's willi or the right to treat a lifetime conveyanoe by the other as testamentary, or all other right. of a surviving spouse to participate in a deceased spouse/. estate, whether ariSing under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the 20 , I I [ I I I \ ! I united State8, or (c) any other country, or any ri9htl whioh either party may have or at any tilRe henatter have for put, present or future support or maintenanoe/ alimony, alimony pendante lita, coun8el fees, equitable distribution, 008ts or expenses, whether arising aD a result. of the marital relation or otherwise, except, and only except/ all rights and agreements and obligations of whatooever nature ariBing or which may arise under this Agreement or for the breach of any provision thereof. It is tha intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general Ielease with reopect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or muy hereafter acquire, exoept and only exoept all rights and agreements and obligations of what80ever nature arising or which may arise under thi8 Agreement or for the breach of any provi~ions thereof. 30. JIAlYI:II. OR MODIrICATIOI TO III II WRITIIG. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both partJ.eB and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any aubsequent default of the same or similar nature. DIANE G. RADCLIff ATTOIlNl\,.AT.I.AW ....l'.INDl.I: .UAIl CAM' IIIU,. 'A "Oil 21 DIANE G. RADCLIff ATrOIlNf,Y.,\T.L,\W "u. -rIINUU, lUAU CAN' IIIU" 'A mil n . ,nJ'l'UAL CooP.RATIO.. I!:ach party shall, at any time and from time to Ume hereafter, take any and all steps and exeoute, aoknowledge and deliver to the other party, any and all further instruments and/or document that. the other party may rellSonably requJ.re for the purpose of giving full forcll and effect to the provisions of this Agreement 32. AGRlIMlIT IIIDIM.. 01 IIIRS. This Agreement shall be binding and shall inure to the benefit of the partills hereto and their respective heirs, exeoutors, administrators, successors and assigns. 33 . IIT1GRATIOI. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 36. O'l'BIR DOC:UMlI'rATIOI. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, Btook oertificet~s, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and 22 (a) the right to Bpeoifi~ performanoe of the term. of this Agreement, in whioh IIvent the non~breeohing perty shall be reimbursed for all reasonable attorney / e fee. and costs incurred as the result of said broaoh and in bringing the action for specifio performanoe. (b) the right to damages arising out of breach of the terms of this Agreemant/ which damages shall include reimburssment of all attorney/s fees and costs inourred as the result of the breaah ~nd in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502(e), an any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws I which remedies shall include, but not be limited tOI (1) the entry of judgment, (2) the authorization of the taking and seizure of goods and chattels and oollection of rents and profits of real and personal and tangible and intangible property, (3) the award of interest on any unpaid installment, inANE G. RADCLIFF ATTOIlNf,V.A'f.I,AW IUlraINUI,r. aOAlI roAMPlIIU" 'A 11011 24 (4) the transfer and sale of any property required to obtain oomplianoe with the obligations undertaken by this Agreement, (5) the posting of seourity to insure future payments to assure compliance with the obligations undertaken by this Agreement, (6) the issuance of attaohment pl'ooeedings and the holding of the Defendant to be in oontempt and the making of appropriate order theref.or including, but. not limited too commitmant of the breaching party to county jail for a period not to exceed six (6) months, (7) the award of counsel fees and costs, (8) the attachment of the breaching par.ty / s wages. , , i' (d) Any other remedies provided for in law or in equity. 31 . IIVlSRAlILITJ: . If any term/ condition, clause or provision of this Agreement shall be determined or declared to be void Qr invalid in law or otherwise, then only that term/ condition, clause or provision shall be stricken from this Agreement and in aU other respects this Agreement shall be valid and DIANE G. RADCLIFF '\TTO~NlV.'\T-l,'\W "" Tal Nil"" a,,'" CANP IIIU., PA 17011 25 DIANE G. RAIX:I.IFF ATTORNJ.V.,\T.UW I... nlNll1.P a"A11 CANPlIIJ,J" 'A 17011 oontlnue in full force, effect and operation. Likewile, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of ths satisfaotion of the conditions preoedent, shall in no way avoid or alter the remaining obligations of the pdrtiss. 38. LAIf or '....nv~ This Agreement shall be oonstrued in accordanoe with the laws of the Commonwealth of Pennsylvania. :Sll. UA'UKOI KOT PART or AOUEIOII'l. Any headings preceding the text of the Ileveral paragraphs and subparagraphs heraof, lire inserted solely for oonvenienca of referanoe and shall not constitut,e a part of this Agreement nor shall they affect its meaning, construction or effeot. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT / AND BACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A P'ULL HEARING. IK IfIT..I. IfH.RIOP, the parties hereto have set their and year first above written. 1/Ht,SEAL) ~ (SEAL) 26 v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95.2613 CIVIL ACTION. LAW IN DIVORCE SAVERIO R. PELLEGRINO, PLAINTIFF TERESA M. PEUEGRINO, DEFENDANT PRAECIPE TO TRAttClMIT RECORP I I 1 I \ \ ! I To the Prothonotary: Transmit the record, together with tho following Informallon, to the court for entry 0' 8 divorce decree: 1. Ground 'or divorce: Irretrtevable breakdown under Section 3301 (0) 0' the Dlvoroe Code. 2. Date and manner 0' service of the complaint: ACCEPTANCE OF SERVICE BY DEFENDANT'S ATIORNEY, J, PAUL HELVY, 3, Complete either paragraph (a) or (b): (a) Date 0' execution 0' the affidavit 0' consent required by Section 3301 (e) 0' the Divorce Code: by the Plaintiff: 06/14/95; by the Defendant: 06/16/96. (b)(1) Date 0' ekecutlon of the Defendant's affidavit required by Seollon 3301 (d) 0' the Divorce Code: N/A. (2) DatI! 0' service of the Plaintiff's affidavit upon the Defendant: N/A 4. Related claims pending: ALL ISSUES RESOLVED BY THE MARRIAGE SETTLEMENT AGREEMENT ENTERED INTO BETWEEN THE PARTIES DATED JUNE 19, 1996. 6. Date and manner 0' service of Notice of Intention to Request Entry 0' Divorce Decree, a copy 0' which Is attached: N/A. \, ,.1 O{ . . I..... ,! ',. \ DIANE G: AApCLlFF, ES'QUIRE 3448 Trtncjle Rpad Camp Rm,'PA 17011 (717) 737.Q1oo 1.0. No. 32112 Attomey for Plaintiff ~ ~ ,,- " .:.r 1 I - r... ..-, ~ ~ ;J ~~ ",Q. ~ ~ .......... I; r:::t , ~ ~ ~ ~ Ix ~ ~ ' ~ ~ . \~j, '.,r..... u..- ti--' j ~ !i /,' , I'd ,~ :;~! " 'j 1"1 .... '..~ ~!Ji !~t:! ~I~i A I! " Ii " " il, " , , I . . . . " I '. , . . '.;1 " , . . . , . , SAVERIO R. P~LL~GRINO, PLAINTIP'P' IN Tlfll: COURT OF COMMON Pt,leAB or CUMBERLAND COUNTY, Pll:NNSYLVANtA v. NO. TERESA M. PELLEGRINO/ DEFENDAN'I' CIVIL AC'rION - LAW IN OIVORCH; ggj4.LA I 1'1' th AND NOW, tOts _,!.Q.. day of MlIV I 19911/ aom.. th. Plaintiff, SAVERIO R. PELLEGRINO/ by his attorney, DIANI O. RADCLIFF/ ESQUIRE/ and files this Complllint in Divorce of which the following is a statement I COUI' II DIVOII.C. 1. The Plaintiff, SAVERIO R. PEI,LEGRINO, 18 all adult individual residing at 2108 Cedar Run Drive, No. 104/ Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant, TERESA M. PELLEGRINO, 1m an adult individual residing at 1340 Woodridge Drive, Middletown, Dauphin County, Pennsylvania. 3. Plaintiff and/or Defendant have been bona tide residents of the Commonwealth for at lust six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on Hay 4, 1974 at Berwick, Pennsylvania. DlANIt G. RADCLIFF ATTORNU.AT.LAW .... TaINIlI.[ ROAIl CAN' 1111,1.. PA 11011 :I , i I i I I I I I I , ! I I i I I , DIANE G, RADCLIff I ATTOIlNfY.,\T.I.AW 'i I... TaINIlLl aOAIl I CAN' 11I1.1., PA IlQII 5. There have beon no prior actions of ,divorce or annulmant between the parties. 6. Plaintiff has been advised of the availability of oounseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Sarvices of the United Statea or any of its Allies. B. The Plaintiff avers that the grounds on which the action is based arel (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the parties are now living sepuate and apart/ and at the appropriate timet Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE/ Plaintiff requests this Honorable Court to enter a decree in divorce, divoroing the Plaintiff and Defendant. COWlT III EQUITABLE DIITRIIUTIO. 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully aB though the same ware set forth at length. 3 ~ lr.l /:>.~, ~'3 '71" ,11 I" "'/. '" ' , I " ! ,'I '.". I.,,,,. :.~.! " , 10 ... ... . , - -"