HomeMy WebLinkAbout96-00505
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ATTORNEY AT LAW
TELEPHONE 717.243.12114
TEN WEST H'GH STREET
CARLISLE, PENNSYLVANIA 17013'29!l!l
September 26, 1996
The Honorable Harold E, Sheely
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Cantor v, Ziviello
96-505
Dear Judge Sheely:
As you can see from the enclosed leller from Edgar Luhn, III, Esquire the parties in the
above mailer have fully setlled the above named mailer for which I was appointed arbitrator along
with Jerry Weigle, Esquire and William S. Daniels, Esquire, We did arrange a hearing date on
October I, 1996 but did not hold a hearing because the parties seuled. I would ask the Court to
vacate our appointments and allow the entry of the Praecipe to Discontinue, I am copying all
parties in this mailer as well as the other arbitrators. If there is anything further that you need me
to do, please let me !..now,
Sincerely,
R~~
Ruby D. Weeks, Esquire
ROW:kll
092696
<:
1m)' Weial.. Eoquirc. Atbillal...
William S, Danlcb, Foqulrc. Atbilnlnt
SIcfllxn J. Dzunonin, Allomcy r... Dcrondan1
Edpr R, LuItn. III, F.squlrc. Al10mcy ror Pllln,ilf
.....
RECEIVED SEP 2 5 1996
LAw OFFICES OF
MILTON mmNSTElN
MILTON BERNSTEIN, ESQUIRE
EDGAR R, LUHN, III, ESQUIRE
2854 NCIIth s_ Btrlll
HlIIlollurg, PlIlMytvInlo 17110
Phone: (717) 232.e5OO
TO SEND A FA)( FtEASE CALI.
(7t7) 232-<<l35
September 25, 1996
BY FAX AND REGULAR MAIL
Ruby D. Weeks, Esquire, Chairman
10 W. High Street
Carlisle, PennBylvania 17013
Re: Cantor v. Ziviello No. 96-606
Dear Ms. Weeks:
On August 22, 1996, I spoke with both you and Attorney Dzuranin concerning
settlement in the above-mentioned matter scheduled Cor arbitration on even date
therewith. During our conference call It was decided that should deCendant Z1viello
fall to make her agreed upon payment to plaintiff, judgment against her would be
entered on October 1, 1996.
This letter will confirm that plaintiff Lawrence Cantor will not require the hearing
scheduled for Octo~er 1, 1996. nor will he require your judgment be entered.
Defendant's payment in full has been made, a Compromise Settlement and Mutual
Release has been executed by the parties, and a Stipulation of Dismissal has been
signed by attorneys for both parties.
The Cumberland County Prothonotary requires an Order to Vacate before he will
accept our Praecipe to Discontinue. Upon receipt of your Order, I will file the
Praecipe to Discontinue.
Thank you for your leadership and assistance in this matter.
ERLIlhs
Enclosure
cc: Jerry Weigle, Esquire, Arbitrator
William S. Daniels, Esquire. Arbitrator
Stephen J. Dzuranin, Attorney for Defendant
Lawrence S. Cantor, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
)
LAWRENCE S. CANTOR, )
Plaintiff )
) No. 96-505
)
v. )
)
TWlLA L. ZIVIELLO, )
Defendant ) civil Action - Law
)
AMENDED CERTIFICATE OF SERVICE
I, Cindy S. Conley, Esquire, counsel for Twila L. Ziviello,
Defendant in the above-captioned action, hereby certify that a
true and correct copy of the foregoing Defendant's Answer to
Plaintiff's complaint and Defendant's New Matter and Counterclaim
was served upon Edgar R. Luhn III, Esquire, counsel for Plaintiff
Lawrence S. Cantor, by depositing same in the United States mail,
first class, on April 25, 1996, addressed as follows:
Edgar R. Luhn III, Esquire
LAW OFFICES OF MILTON BERNSTEIN
2854 North Second Street
Harrisburg, PA 17110
Date: c9~<) 1.n-!JlI97'~
ci~iftire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Defendant,
Twila L. Ziviello
)
)
)
)
)
)
l
In The Court of Cocmon Pleas of
Cumberland County, ?enns~lvania
~o.
19
OATH
We do solemnly swear (or affirM) that we will support, obey and defend
the Constitution of the United States and the Consticutio~ of this Common-
wealth and that we will discharge the duties or our office with fidelity.
Cha1r:nan
AWARD
We, the undersigned arbitrators, having been duly appointed and sworn
(or affirMed), make the following award:
(Note: If damages for delay are awarded, they shall be
separately stated.)
applicable. )
. Arbitrator, dissents. (Insert name i:
Date of Hearing:
Date of Award:
Chair:nan
NOTICS OF ENTRY OF AWARD
Now, the day of
award was entered upon the docket
~arties or their attorneys.
Arbitrators' compensation to be
paid upon appeal:
$
. 19 ,at ,.:1., the above
and notice ctlereof gIVen by mail to the
?rothonotary
By:
Oelluty
.-!----- I .,...
.., !.
In The Court of Co~on Pleas of
)
)
)
)
)
)
~
Cumberland County, Pennsylvania
~o.
19
OATH
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitution or this Common-
wealth and that we will discharge the duties of our orfice with fidelity.
Cha1r:nan
AWARD
We, the undersigned arbitrators, having been dull appointed and sworn
(or affirmed), make the following award:
(~ote: If damages for delay are awarded, they shall be
separately stated.)
. Arbitrator, dissents. (Insert name i:
applicable, )
Date of Hearing:
Chair:nan
Date of Award:
~OTICE OF ENTR! OF AWARD
~ow, the day of
award was entered upon the docket
parties or their attorneys.
,19 ,at ,.:1., the above
and notice thereof gIVen bY-mail to the
Arbitrators' compensation to be
paid upon appeal:
$
Prothonotary
By:
Dellut:1
. ~B-96 03112P Phillip J. W. Milgs, CFP 717-232-9733
RECEIVED JUl 0 8 1996
LAw OffiCES OF
M1LTON nE',RNST!b~.N
P.02
Moy 29, 1\J96
2854 No~h Second 51..1'
Ho"i,burg, Pen",yt'lnll 17110
phOne: (7 IT) 2)2,8600
TO SENO A FAX. I'I./lASf CALL
(7\ 7) 232-8035
M'L TON D~nNSTE'N, UQUln~
EOO"R R. LUHtI,lII, EDou,nE
Lnwrencl1 E, Wl1l1ecr, Prothonotory
Cumbel'luntl County Comthouse
1 Courthuuse Square
Curlisle, PA 170]3
.
Re: Gtmto1" v, Ziviello, No, B6.fjOfi
Delli' ~11'. Welleo\':
On MII~' 21, 1996 I, Ut; at.tUl'nllY ('01' thll plllintW' in the nhovc.l11unlioncd matteI', filod
tI Petitiun ('or Appointment of Al'uit.T'otOI'll, '['wu dllyll ('olLuwillf{ the filing of t.hnt
Petition, the tlefemlnnt rct.nined 1l0W le"al r.ounsel. I hllVll been instructed by au
ossis\.nnt Cuurt Adlllinistrntor tu lloLi(y the Prothullotnl'Y of this challge in counsel in
urder fnr thllt nomu tn be udded tu the exlt;ting Petition,
'1'ho deromlunt. in tho OUOVII-rolill'lmCod 111 II ttOl' is now l'eprCllll1lted by Stephen J,
Dzunrunin of tho Low Offices of' Wile, Wcngel' & Weidner, Please entor Mr,
D1.urnnin's nnme liS on ottul'lIey illtlll'oRted in t.he Cll60 as counso\.
,
Very truly yum's,
E~'h" ur
ERJ.,/lhs
cc: Lnwrcnco S, CRntur
Stephall J, D7.Unrllllin, Esq,. Attorney 1'01' DefendAllt
PAX 'l'Rbl':lSil'll'IV)'AL
P.Ol
03:12P Phillip J. W. M11Qs. CFP 717-232-9733
U\V Or-FICliS
M1LTON nERNSTEIN
M'L TON DEANSTl!III. r:~OUIA~
F.OCAll R. LUHN.III. USOUIAF.
~:5U L1 8; 1'791'
20~41', 3~COND ~TAF.ET
'IARAISDUAC.I'A 171 10
"hont: (717) 2J2.0~
rOt I'~r (It Mnil /Jor Mouogo:
rho".,' (~17) 2)2.0035
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~l\lI1bl)I' or 1'1I1~~!; 'l'o ),'Ol:ll\','; _,__./
TO____
YOU ARE HERfJlY NOTIfIi4 TO '\.lAD TO THl
ENCl06ED WITHiN
TWENTY (201 DAY. Ofl alAvlC1 HIRIOl' OR
A DUAUlT J\.JOQMENT MAY IE INTlfIID
AQAlN8T YOU
LAW OffiCE
MILTO'N BERNSTEIN
WI HIAII't CIAn,.,-TH', 'HI"\vITHIN II
A TAUI AND COARle,. COPY 0' 'HI
ORIClINAL 'ILED IN THII ACTION~
IV
AnCWUY
2KS4 N. SU'UNU SnUT
"AMIIShUMO, PA 17110
."ORNEY
LAWRENCE S, CAN'I'OR,
Plaintiff
v,
TWILA L, ZIVIELLO,
Defendnnt
TO: Twila L. Ziviello
rio Cindy S. Conley, Esq.
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
IV
IN 'I'HE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No, 96.505
CIVIL ACTION . LAW
NOTICE TO PLEAD
You are hereby notified to file a written response to the enclosed Plaintiffs
Reply to Defendant's Answer, New Matter and Counterclaim and Plaintiffs New
Matter within twenty (20) days from service hereof or a judgment may be entered
against you.
Date: #41 ~ 11?'
Respectfully submitted,
~0*~
Ed~ R. !,.Win III, Es uire
Law Offices of Milton Bernstein
2854 North Second Street
Harrisburg, Pennsylvania 17110
'l'elephone . (717) 232-8500
Attorney for Plaintiff
LAWRENCE S, CANTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TWILA L. ZIVIELLO,
Defondant
No, 96-505
CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO DEFENDANT'S ANSWER, NEW MATTER
AND COUNTERCLAIM AND PLAINTIFF'S NEW MATTER
Plaintiff, Lawrence S. Cantor, by and through his attorney, Edgar R. Luhn III,
Esquire, files the following Reply to Defendant's Answer, New Matter and
Counterclaim and Plaintiffs New Matter.
7. It is denied that Plaintiff was in material breach of the Marital
Settlement Agreement. On the contrary, it is Defendant who was and who remains
in breach of the Agreement.
8. The Marital Settlement Agreement executed by Plaintiff and Defendant
may be enforced by any of the means enumerated in the Divorce Code.
WHEREFORE, Plaintiff Lawrence S. Cantor respectfully requests that
judgment be entered against Defendant Twila L. Ziviello in the amount of Five
Thousand ($5,000.00) Dollars together with interest, costs and counsel fees, which
amount is within the limits set by the Rules of Court requiring submission to
compulsory arbitration.
9. No response required.
10. Admitted.
11. Denied as stated. Plaintiff's former employer filed its complaint on July
27, 1995. Sheriffs return of service was made on or about September 5, 1995, as
Plaintiff could not be located in Mechanicsburg, Pennsylvania. Plaintiffs former
employer was engaged in an ongoing discrimination lawsuit with Plaintiff, and
therefore was aware that Plaintiff could not be located in Mechanicsburg. On October
6, 1995, a praecipe to reinstate the complaint was filed by Plaintiff's former employer
and on or about October 25, 1996, service upon 'funa Cantor was accepted by Twi1a
ZivielJo. On January 16, 1996 the complaint was discontinued by Plaintiff's former
employer, as indicated by the Cumberland County Prothonotary's Civil Case Inquiry,
a true and correct copy of which is attached hereto and made a part hereof, and
marked as Exhibit "A".
12. Plaintiff is without sufficient knowledge to admit or deny this averment,
as Plaintiff was never served with the above-mentioned complaint, therefore the
averment is denied.
13. Plaintiff is without sufficient knowledge to admit or deny this averment,
as Plaintiff was never served with the above-mentioned complaint, therefore the
averment is denied.
14. Denied. On the contrary, Defendant was under no obligation to pay
Plaintiff's former employer any amount, nor was she under any obligation to accept
service of the complaint filed by Plaintiff's former employer as she was not properly
named on the complaint. Defendant has been and remains obligated to make
payments to Plaintiff in exchange for the marital residence she now possesses and
enjoys.
15. Denied. Plaintiff was not aware that a possible and subsequent lawsuit
would be filed by Plaintiff's former employer at the time the Marital Settlement
Agreement was executed, on September 2, 1994. In the former employer's effort to
terminate Plaintiffs employment, the former employer accused Plaintiff of having an
account deficiency, and on September 28, 1994, Plaintiff was first informed of that
fact.
16. Denied as stated. There were no misrepresentations made before
Defendant entered into the Marital Settlement Agreement. Plaintiff was unaware,
on September 2, 1994, that he would be charged with an account deficiency by his
former employer.
17. Denied as stated. There was no misrepresentation made to Defendant
at any time prior to or subsequent to the execution of the Marital Settlement
Agreement. The action that was subsequently commenced against Plaintiff by
Plaintiffs former employer was a specious action, and was ultimately withdrawn
after Plaintiff withdrew charges of discrimination against the former employer.
Defendant was instructed by Plaintiff to ignore the complaint.
18. Denied. 'rhere were no misrepresentations made to Defendant, therefore
there were no actions taken by Plaintiff which constituted fraud.
WHEREFORE, Plaintiff Lawrence S. Cantor prays that Defendant's New
Matter claim be dismissed and Plaintiff repeats his demand for judgment against
Defendant, Twila L. Ziviello, in the amount of Five Thousand ($5,000.00) Dollars
together with interest, costs and counsel fees.
REPLY TO DEFENDANT'S COUNTERCLAIM
19. No response required.
20. Denied. It is admitted that Defendant incurred counsel fees of Three
Hundred and Forty ($340.00) Dollars in her concern over the lawsuit between
Plaintiff and Plaintiffs former employer, and because of her ill-advised acceptance of
service of a legal document wherein she was not named.
WHEREFORE, Plaintiff Lawrence S, Cantor respectfully requests that
Defendant's Counterclaim be dismissed.
PLAINTIFF'S NEW MATTER
21. Plaintiff and Defendant, by verbal agreement made on or before April
26, 1995, each agreed to pay fifty percent of their then joint credit card debt.
22. Plaintiff has paid in full his one-half share of the aforementioned credit
card debt.
23. Defendant made payments toward her one-half share of the credit card
debt from April 26, 1995 until November 13, 1995. Defendant then ceased making
payments, in breach of the verbal agreement entered into prior to the signing of the
Marital Settlement Agreement.
Date: 5- '1;- 9 t
24. Defendant's payment until November 13, 1995 indicates Defendant's
acceptance of the parties' verbal agreement concerning the payment of the credit card
debt and constitutes partial perfonnance of a contractual duty.
25. Defendant's partial perfonnance of the verbal agreement entered into by
both parties prior to the signing of the Marital Settlement Agreement establishes the
existence of an enforceable contract.
WHEREFORE, Plaintiff Lawrence S. Cantor respectfully requests that
judgment be entered against Defendant Twila L. Ziviello in the amount of Three
Thousand Seven Hundred and Seven and 23/100 ($3,707.23) Dollars, such amount
representing payment pursuant to an enforceable contract.
Respectfully submitted,
E R. L ill, Esquire
L Offices of Milton Bernstain
2854 North Second Street
Harrisburg, Pennsylvania 17110
Telephone - (717) 232-8500
Attorney for Plaintiff
EXHIBIT "A"
PYS510
1995-03975
Cumberland County Prothonotary's Office Page
Civil Case Inquiry
AMERICAN GENERAL LIFE & ACCIDE (VS) CANTOR LAWRENCE S ET
1
AL
7/27/1995
10:45
0/00/0000
1/16/1996
Reference No..: Filed........:
Case Type.....: COMPLAINT Time.........:
Judgment......: .00 Execution Date
Judge Assigned: Sat/Dis/Gntd..
Jury Trial....
Hi~her Court 1
Hi her Court 2
******************************************************* ****..**************..*.
General Index Attorney Info
AMERICAN GENERAL LIFE AND PLAINTIFF DORRANCE BRADFORD
ACCIDENT INSURANCE COMPANY
AMERICAN GENERAL CENTER
NASHVILLE TN 37250
CANTOR LAWRENCE S
915 WILLCLIFF DRIVE
MECHANICSBURG PA 17055
CANTOR TWILA
915 WILLCLIFF DRIVE
MECHANICSBURG PA 17055
DEFENDANT
DEFENDANT
********************************************************************************
* Date Entries *
********************************************************************************
07/27/95 COMPLAINT - CIVIL ACTION
09/05/95 SHERIFF'S RETURN (LAWRENCE S CANTOR NOT FOUND)
SHERIFF'S COSTS $27.84 PO ATTY
10/06/95 PRAECIPE TO REINSTATE COMPLAINT BY BRADFORD DORRANCE ESQ
10/25/95 SHERIFF'S RETURN (SERVED DEFT TWILA CANTOR 10/20/95; LAWRENCE S
CANTOR NOT FOUND) SHERIFF'S COSTS $35.28 PO ATTY
01/16/96 PRAECIPE TO DISCONTINUE BY BRADFORD DORRANCE ESQ
********************************************************************************
* Escrow Information *
* Fees & Debits Bea Bal Pvmts/Adi End Ba1 *
*******************************************.****~*******************************
COMPLAINT
TAX ON CMPLT
SETTLEMENT
JCP FEE
35.00
.50
5.00
5.00
35.00
.50
5.00
5.00
.00
.00
.00
.00
------------------------ ------------
45.50 45.50 .00
********************************************************************************
* End of Case Information *
********************************************************************************
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE S. CANTOR,
Plaintiff
v.
No. 96-505
TWILA L. ZIVIELLO,
Defendant
Civil Action. Law
VERIFICATION
I, Lawrence S. Cantor, verity that the statements made in the foregoing Reply
to Defendant's New Matter and Counterclaim are true and correct to the best of my
knowledge, information and belief. I understand that false statements are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification
to authorities.
Date: # .P6
;iu
~._t; ,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LAWRENCE S. CANTOR,
Plaintiff
v.
No. 96-505
TWILA L. ZIVIELLO,
Defendant
Civil Action - Law
CERTIFICATE OF SERVICE
AND NOW, this Cf " day of mAt ,1996, I, Edgar R. Luhn III, Esquire,
of the Law Offices of Milton Bernstein, Attorney for Lawrence S. Cantor, Plaintiff,
hereby certifY that I scrved a copy of Plaintiff's Rcply to Defendant's Answer, New
Matter and Counterclaim and Plaintiff's New Matter in the above-captioned matter
upon Cindy S. Conlcy, Esquire, of the Law Officcs of Howett, Kissinger & Miles, P.C.,
at 130 Walnut Street, Harrisburg, PA 17108, Attorney for Defendant, this day by
depositing the same in the United States Mail, postage prepaid, in the post office at
Harrisburg, Pennsylvania.
By:
Edga
Law ces 0 Milton Bernstein
2854 North Second Street
Harrisburg, Pennsylvania 17110
Telephone - (717) 232-8500
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
)
LAWRENCE S. CANTOR, )
Plaintiff )
) No. 96-505
)
v. )
)
TWILA L. ZIVIELLO, )
Defendant ) Civil Action - Law
)
NOTICE TO PLEAD
To: Lawrence S. Cantor
You are hereby notified to file a written response to the
enclosed Defendant's Answer to Plaintiff's Complaint and
Defendant's New Matter and Counterclaim within twenty (20) days
from service hereof or judgement may be entered against you.
Respectfully submitted,
Date: b?3o.pJ /19~
Cindy S. Conley, Esq ~re
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Twila L. Ziviello
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
)
LAWRENCE S. CANTOR, )
Plaintiff )
) No. 96-505
)
v. )
)
TWILA L. ZIVIELLO, )
Defendant ) civil Action - Law
)
DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND
DEFENDANT'S NEW MATTER AND COUNTERCLAIM
ANSWER
1- Admitted.
2. Admitted
3. Admitted
4. Admitted
5. Admitted
6. Admitted
7. Admitted in part. Denied in part.
It is Admitted that
Defendant did not make the payment to Plaintiff of five thousand
dollars $5,000 on September 15, 1995. However, it is Denied that
Defendant ever expressly refused to make the payment and, that such
payment was required pursuant to the terms of the Marital
Settlement Agreement when Plaintiff was himself in material breach
of the agreement.
8. Admitted in part. Denied in part. It is Admitted that 23
Pa,C.S.A ~3502 allows the Court, in a divorce action, to enter
judgement, authorize the taking and seizure of the property, award
"
interest on the unpaid installments, Order the sale of property,
require security to ensure future payments, award counsel fees and
costs, attach wages or find a party in contempt.
It is Denied
however that 23 Pa.C.S.A. ~3502 is applicable to this proceeding,
WHEREFORE, Defendant Twila Ziviello respectfully requests this
Honorable Court to dismiss Plaintiff's Complaint.
NEW MATTER
9. Paragraphs 1 through 6 of Plaintiff's Complaint and
paragraphs 1 though 8 above are incorporated by reference herein as
if set forth at length.
10. Paragraph ten (10) of the Marital Settlement Agreement
provides as follows:
Except as set forth in this Agreement, Husband and
Wife each represents to the other that he or she
has not in the past nor will not at any time in the
future incur or contract any debt, c h a r g e 0 r
liability for which the other, the other's legal
representatives, property or estate may be
responsible. Each hereby agrees to indemnify, save
and hold the other harmless from any liability,
loss, cost or expense whatsoever incurred in the
event of a breach hereof.
n. Subsequent to the execution of the Marital Settlement
Agreement, on July 25, 1995, Plaintiff's former employer, American
General Life and Accident Insurance Company, commenced a legal
action against Plaintiff and Defendant for return of a deficiency
balance of Plaintiff's agency account at the time of his
termination from said employment.
12. The deficiency amount pursuant to the Complaint filed by
American General Life and Accident Insurance Company was in the
amount of five thousand nine hundred and forty six dollars and
thirty eight cents ($5,946.38).
13. In it's Complaint, American General Life and Accident
Insurance Company requested the Court to enter judgement in it's
favor against both Plaintiff and Defendant, jointly and severally,
in the amount of six thousand four hundred and eighteen dollars and
ninety one cents ($6,481.91) representing the principal amount of
the claim, six percent (6%) annual interest computed thereon from
August 15, 1994 though July 15, 1995, and current Court costs.
14. Because of the possibility that the pending American
General Life and Accident Insurance Company litigation would result
in a judgement against Defendant in an amount in excess of the five
thousand dollars owed to Plaintiff pursuant to the Marital
Settlement Agreement, Defendant was under no obligation to pay said
sums to Plaintiff until the outcome of the American General Life
and Accident Insurance Company lawsuit became known.
15. Furthermore, Defendant believes and therefore avers that
Plaintiff was aware of the forthcoming American General Life and
Accident Insurance Company lawsuit at the time that the Marital
Settlement Agreement of September 2, 1994 was executed even though
he represented at the time that he had not incurred in the past any
debt, charge or liability for which Defendant may be responsible.
16. Defendant relied upon this misrepresentation in entering
into the September 2, 1994, Marital Settlement Agreement.
17. Defendant has been harmed as a result of the
misrepresentation in that she had to defend herself against the
American General Life and Accident Insurance Company lawsuit.
18. Plaintiff's misrepresentation constituted fraud.
!. ...,>>,\ ~'P
WHEREFORE, Defendant respectfully requests that Plaintiff's
Complaint be dismissed.
COUNTERCLAIM
19. Paragraphs 1 though 17 are incorporated by reference
herein as if set forth at length.
20. In defending herself against the American General Life and
Accident Insurance company lawsuit, Defendant incurred counsel fees
and costs in excess of five hundred dollars ($500). Pursuant to
the Marital Settlement Agreement, Plaintiff has a duty to reimburse
Defendant in the amount of the counsel fees expended by Defendant
in defending herself against the American General Life and Accident
Insurance company lawsuit.
WHEREFORE, Defendant Twila L. Ziviello respectfully requests
this Honorable Court to enter judgement against Plaintiff Lawrence
S. Cantor in the amount of the counsel fees and costs expended by
Defendant in defending herself against the American General Life
and Accident Insurance Company lawsuit.
Respectfully submitted,
cin~niY~~re
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Twila L. Ziviello
Date: 013 ~ /9ff"P
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTV, PENNSVLVANIA
)
LAWRENCE S. CANTOR, )
Plaintiff )
) No. 96-505
)
v. )
)
TWILA L. ZIVIELLO, )
Defendant ) civil Action - Law
)
CERTIFICATE OF SERVICE
I, Cindy S. Conley, Esquire, counsel for Twila L. Ziviello,
Defendant in the above-captioned action, hereby certify that a
true and correct copy of the foregoing Defendant's Answer to
Plaintiff's Complaint and Defendant's New Matter and Counterclaim
was served upon Edgar R. Luhn III, Esquire, counsel for Plaintiff
Lawrence S. Cantor, by depositing same in the United States mail,
first class, on April 23, 1996, addressed as follows:
Edgar R. Luhn III, Esquire
LAW OFFICES OF MILTON BERNSTEIN
2854 North Second Street
Harrisburg, PA 17110
Date: ;;3~ Jo/rV
P.C.
Cindy s.
HOWETT, ISSINGER
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Defendant,
Twila L. Ziviello
~'"
VERIFICATION
I, Twila L. Ziviello,
contained in the foregoing
hereby swear and affirm that the facts
Defendant's Answer to Plaintiff's Complaint and
Dp.fpnrlnnt'R Np-w MAttpr Rnd Counterc.lAim
are true and correct to the best of my knowledge, information and
belief and are made subject to the penalties of 18 Pa.C,S. ~4904
relating to unsworn falsification to authorities.
Date:
d3~/yc;17
~/1f
't.,~A
TWILA
-.
I, (~J..-e~~
L. ZIVIELLO
, .
e
.
,"'....
RECEIVED SEP 2 5 1996
LAw OFFICES OF
MILTON BERNSTEIN
MILTON BERNSTEIN, ESQUIRE
EDGAR R, LUHN, III, ESQUIRE
2854 NofIh Second BIrNI
Hln1Ibutg, PIIlMjtYInII17l10
Phone: (717) 232-8800
TO SEND A FAX. PU!ASE CALL
(717) 232-8035
September 25, 1996
BY FAX AND REGULAR MAIL
Ruby D. Weeks, Esquire, Chairman
10 W. High Street
Carlisle, Pennsylvania 17013
Re: Cantor v. Ziviello No. 98-505
Dear Ms. Weeks:
On August 22, 1996, I spoke with bDth you and Attorney Dzuranin concerning
settlement in the above-mentioned matter scheduled for arbitration on even date
therewith. During our conference call it was decided that should defendant Ziviello
fail to make her agreed upon payment to plaintiff, judgment against her would be
entered on October 1, 1996.
This letter will confirm that plaintiff Lawrence Cantor will not require the hearing
scheduled for October 1, 1996, nor will he require your judgment be entered.
Defendant's payment in full has been made, a Compromise Settlement and Mutual
Release has been executed by the parties, and a Stipulation of Dismissal has been
signed by attorneys for both parties.
The Cumberland County Prothonotary requires an Order to Vacate before he will
accept our Praecipe to Discontinue. Upon receipt of your Order, I will file the
Praecipe to Discontinue.
Thank you for your leadership and assistance in this matter.
ERI.Jlhs
Enclosure
cc: Jerry Weigle, Esquire, Arbitrator
William S. Daniels, Esquire, Arbitrator
Stephen J. Dzuranin, Attorney for Defendant
Lawrence S. Cantor, Plaintiff
"
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TELEPHONE 717'243'12114
d?u.Cy !D. (W~~1
ATTORNEY AT LAW
TEN WEST HIGH STREET
CARLISLE. PENNSYLVANIA 17013'29511
September 26. 1996
The Honorable Harold E, Sheely
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Cantor v. Ziviello
96-505
Dear Judge Sheely:
As you can see from the enclosed letter from Edgar Luhn, 111. Esquire the parties in the
above matter have fully settled the above named matter for which I was appointed arbitrator along
with Jeny Weigle, Esquire and William S, Daniels, Esquire, We did arrange a hearing date on
August 22, 1996 but did not hold a hearing, I would ask the Court to vacate our appointments
and allow the entry of the Praecipe to Discontinue, I am copying all parties in this matter as well
as the other arbitrators, If there is anything further that you need me to do, please let me know,
Sincerely.
Ruby D. Weeks, Esquire
RDW,kll
091696
0: Jcny w.IIl', Elqulrc, Milralor
William S, DanI.... Eoqultt, Mllralor
slcpbcn J, Dluranln. Anomey ror o.rcndant
Edpr R. Lum, III. F.oqultt, AIIomey ror PI.lnlill"
LAWRENCE S. CANTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VB.
TWILA L. ZIVIELLO,
Defendant
96-505
CIVIL TERM
NOTICE OF HEARING
YOU ARB HEREBY NOTIFIED that the undersignBd arbitrators appointed by the
Court in the above captioned matter will meet for the purpose of their
appointment on ThurBday, AUguBt 22, 1996, at 1.00 p.m. in the Old cumberland
County Court House, 2~ Floor, Carlisle, Pennsylvania, at which time and place you
may appear and be heard, together with your witnesses and your counBel, if you
BO desire.
PARrIES WISHING rD ARGUE LEGAL POINrS WILL BE EXPEcrED ro ~VE COPIES OF
CASES, srATUrES, ErC. WIrH RELEVANT PORrIONS HIGHLIGHrED FOR EACH ARBIrRArDR AND
OPPOSING COUNSEL AT THE COMMENCEMENr OF THE HEARING.
ANY NOTICED PERSON REQUESTING A CHANGE OF HEARING DATE MUST CONrAcr ALL
PERSONS AS ro AN AGREEABLE DATE, PROVIDE WRITTEN NOTICES TO ALL PERSONS AND
RESERVE PLACE OF HEARING.
Dated I
'/.$;. 'i~
Cl
Edgar R. Luhn, III, Attorney
2S54 North Second Street
Harrisburg, PA 17110
~~~. f.
Ruby D. Week , Esquire, Chairman
Jerry Weigle, Esquire
William Daniels, Esquire
for Plaintiff
Stephen J. Ozuranin, Attorney for Defendant
508 North Second Street
HarriSburg, PA 17101
Jerry Weigle, Esquire, Arbitrator
126 East King Street
Shippensburg, PA 17257
William S. Daniels, Esquire, Arbitrator
1 West High Street
Carlisle, PA 17013
Court Administrator
ProthDnotary Bulletin Board
~
RECEIVED AUG 23.
LAw OFFICES OF
MILTON BERNSTEIN
MILTON BERNSTEIN, ESQUIRE
EDGAR R, LUHN,III, ESQUIRE
2854 North Socond SlrHI
Hlrrtlburg, Pannl)1vlnll1711 0
Phone: (717) 232.asoo
TO SEND A FAX. PLEASE CALL
(717) 232-8D3S
August 22, 1996
BY FAX AND REGULAR MAIL
Stephen J. Dzuranin, Esquire
Wix, Wenger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
He: Cantor v. Ziviello. No. 96-505
Dear Attorney Dzuranin:
This letter will confinn our conversation this date with Ruby D. Weeks, Esquire,
Arbitration Board Chainnan, wherein it was agreed that your client will make
payment of Ten Thoussnd Five Hundred ($10,500.00) Dollars to Mr. Cantor by
September 2, 1996, in settlement of the current action. If payment is not made by
the end of the day, September 2, 1996, judgment will be entered against her by Ms.
Weeks on October 1, 1996.
ERIJlhs
cc: Ruby D. Weeks, Esquire. Chainnan
Jerry Weigle, Esquire, Arbitrator
William S. Daniels, Esquire, Arbitrator
e
,
RECEWrn MIS 2 3 S
WIX, WENGER & WEIDNER
IUCUARD It woe
nfOMAl L. WBNOBR
DBAN It. WBlDNBR
ImM!H Co WIlDS
111wtBSA L SlIADB wax'
DAYlOR-Oen.
lII1!PlIBN J. OZURANIN
OIRARD B. RICKARDS
IT1M!H R. W1UJAMS
^ PROFESSIONAl. COItl'OR^110N
^'ITORNI!YS ^T lAW
SOlI NOlIn! SIlCONIl mU!IJ'f
POST Or~'1CIlIIOX 84S
IIAIIRISIIUIIO, PIJNNSYLVI\NL\ 1710l1.084S
4105 DUg SIllHL'T
ItAlUUSRUMo. PA 11U)t.)OIJII
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ou....nIJllll'OI'1'1C1l I )
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11U.f.rorl1!R (711) Z34-4U4
. AM M..a..u-.......-II 11M'
August 22, 1996
Ruby D, Weeks, Esquire
10 W High street
carlisle, PA 17013
RE: Cantor v, ziviello
No. 96-505 civil Term - Arbitration Hearing
Dear Ms, Weeks:
This will confirm our conversation of August 22, 1996
in which, through conference call, Attorney Luhn and I informed
you that the Arbitration Hearing was not necessary for Thursday
at 1:00 p.m. because the matter has been settled. We have agreed
to a Settlement Agreement in which the Defendant will pay the
Plaintiff the amount of $10,500.00. The Settlement Agreement
will contain language which allows for the Plaintiff to enter
Judgment against the Defendant in the above captioned action on
or after October 1, 1996 if payment has not been received by that
time.
I understand that the hearing has been rescheduled for
October 1, 1996 which, if necessary, shall be limited to the
issue of whether or not full payment has been made in accordance
with the Settlement Agreement. If payment has been made, the
matter shall be dismissed with prejudice. If payment has not
been made, judgment shall be entered against the Defendant.
"
.
WIX, WENGER & WEIDNER
Ruby D, Weeks, Esquire
August 22, 1996
Page 2
This will also confirm that I have contacted Attorneys
Weigle and Daniels to informed them of the cancellation of the
hearing for AUgust 22, 1996,
If you have any further questions or comments please do
not hesitate to contact me, I thank you for your attention in
this matter.
SJD\bsh
ee: Ms. Twila Ziviello
Jerry Weigle, Esquire, Arbitrator
William 5, Daniels, Esquire, Arbitrator
Edgar R. Luhn, III, Esquire
Sincerely yours,
I
WIX, W /,GER ,&,/W;)EIDNER
, 1.
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en J, Dzu?'Jn
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Stl'ph~n J. nluranin, E611uire
Wix, Wllnger & Weidnur
508 North Hcc/'lnd Street
}J,O B,,~ ~4(j
Hllrririburr,. I'A 17108.()I\.lfi
Ik Cantor ~.j.i\..~&t. 96.505
n.!:lr Allona'.\' lhour/min:
Thill letter will cClnfirm our CClnVlJrHlllioll t.hi~ dlllt> with Ruby D, WUt'kll, Esqdre,
Arbitration Boord Chainnan, wherein it I\"Oli agreed thut Yllur clicmt will 1II11ke
po)"ment of Ten 1'housnnd fivo Hwulrrd ($lil.500,OO) Dollars t.o ,\ir. Cantor by
September 2, 1996, III settlement of the current action, if llllynlcnt l~ not made lJ.v
the ~nd of the day, Scptember 2. 19Ufi. jud~'ment will he elll\'red Ilgninst hrr by Ms,
WI'c>kl; 011 OcwlJ/'r 1. 1 H9li,
Hilll'c.rdy your".
/
,/r.', ~//?,/"t. _
(?(' 114.{ .tI(k;.-:"'-
(,*uI'V'.uhn
v
ERL.1hs
cc; Ruby TJ, W(,fks, F.iquire, Chalrmon
Jerry Weigle, gl:ll'lirt.'. Arbitrator
William S, IJuniels, r;squin', Arbitnltor
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TO
YOU AAi MERElY NOTifIED TO P\.lAC TO THI
(NCI.l)I;E.D -" WITH..
TWENTY ltol DAYI CW IIRVICI HlfllECW OR
Ii. DEP'AULT .IIJOQMINT MAY IE IHT.RIO
AQAJN& T YOU
LAW ':!A'1CE
MILTON BERNSTEIN
2854 N. S1iC1,ND 51111F.f
IlAMRI'RURO. PA 17110
WI HI All" CERTIFY ,.., ~<ll WI"".H II
. TRUI AND CORAICT COPY 0' THI
OAIQIHAL "LID IN THII ACtiON
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"
ATTOfWIY
An!iAHn
LAWRENCE S. CANTOR,
PlnlnUfl'
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 1(' ~'{')" (I",l!\.}-- .JIA~-rl/'__
CIVIL ACTION. LAW
TWlLA L. ZIVIELLO,
Defendant
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action within twenty (20) days
after this Complaint and Notice are served, by entering a written appearance
personally or by attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any
other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
COURT ADMINISTRATOR
Cumberland County Courthouse
Fourth Floor
1 Courthouse Square
Carlisle, PA 17013
Telephone: (717) 240-6200
LAWRENCE S. CANTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
TWILA L, ZIVIELLO,
Dofondant
CIVIL ACTION. LAW
COMPLAINT
1. Plaintiff, Lawrence S. Cantor, is an individual residing at 15157
Springview Street, Tampa, Florida.
2. Defendant, Twila L. Ziviello, is an individual residing at 914 Willcliff
Drive, Mechanicsburg, Pennsylvania.
3. Plaintiff and defendant were divorced from the bonds of matrimony on
April 26, 1995, in Cumberland County, Pennsylvania, Civil Action No. 94-7194.
4. On or about September 2, 1994, plaintiff and defendant entered into a
Marital Settlement Agreement, a true and correct copy of which is attached hereto
and made a part hereof, and marked Exhibit "A".
5. Pursuant to the tenns set forth in Paragraph 3 of the Marital Settlement
Agreement, defendant Twila L. Ziviello was to pay to plaintiff Lawrence S. Cantor the
sum of $26,568.70 under tenns more specifically set forth on page 4 of that
agreement.
6. On September 15, 1995, defendant was to pay to plaintiff the sum of
$5,000.00.
7. Defendant has failed to make payment under the tenns of the Marital
Settlement Agreement, and continues to refuse to make such payments.
8. Pursuant to 23 Pa.C.S. 3502 this Court may enter judgment, authorize
the taking and seizure of the property of the defendant, award interest on the unpaid
installments provided for in the Marital Settlement Agreement, order the sale of
defendant's property, require security to insure future payments be made in
compliance with the Agreement, award counsel fees and costs, attach wages or find
the defendant in contempt.
WHEREFORE, Plaintiff Lawrence S. Cantor demands judgment against
Defendant Twila L. Ziviello in the amount of Five Thousand and n0l100 ($5,000.00>
Dollars together with interest, costs and counsel fees, which amowlt is within the
limits set by the Rules of Court requiring submission to compulsory arbitration.
Respectfully submitted,
Date: 1- ;9 - fib
E~~4&~uire
La~ Offices of Milton Bernstein
2854 North Second Street
Harrisburg, Pennsylvania 17110
Supreme Court I.D. 72666
Attorney for Plaintiff
LAWRENCE S. CANTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
y.
No.
TWlLA L. ZIVIELLO,
Defendan t
CIVIL ACTION - LAW
VERIFICATION
I, Lawrence S. Cantor, verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that false statements are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: January 26. 1996
LAWRENCE S. CANTOR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
TWILA L, ZIVIELLO,
Defendant
No.
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I hereby certify that on the .J..J.!!... day of -:1~/I/~V , 1996, I sent a
copy of the foregoing document by first class mail, postage pre-paid to:
Twila L. Ziviello
914 WillcUff Drive
Mechanicsburg, Pennsylvania 17055
Dato: (':If-qi
R. 1.: III, squire
La Offices of Milton Bernstein
2854 North Second Street
Harrisburg, Pennsylvania 17110
Supreme Court 1.0. 72666
Attorney for Plaintiff
. .
EXHIBIT "A"
..~ ..-' ..,.
THIS AGREEMENT, made this 2nrl day of
qo#.n.o ,d,l'.L ,
1994, by and between Lawrence S. Cantor, of Hechanicsburg,
Cumberland County, Pennsylvania (hereinafter referred to as
"Husband"), and Twila L, Cantor, of Hechanicsburg, Cumberland
County, Pennsylvania, (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, the parties hereto are Husband and Wife, having
been lawfully married on April 26, 1973 in Port-au-Prince, Haiti.
No children were born of this marriage; and,
WHEREAS, certain difficulties have arisen between the
parties hereto which have made them desirous of living separate and
apart from one another; and
WHEREAS, the parties hereto are desirous of settling
fully and finally their respective financial and pro?erty rights
and obligations as between each other, including, without
limitation, the settling of all matters between them relating to
the ownership of real and personal property, the custody and
support of their minor children, and in general the settling of any
and all claims and possible claims by one against the other or
against their respective estates;
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AND NOW, THEREFORE, in~aonsideration
of these premises
and of the mutual promises, covenants and undertakinga hereinafter
set forth, and for other good and valuable consideration, receipt
of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby,
covenant and agree as follows:
1. ADVICE OF COUNSEL: The provisions of this Agreement
and their legal effect have been fully explained to the parties by
their respective counsel, Bruce E. Cooper, Esquire for Husband, and
John C. Howett, Jr., Esquire, for Wife, The parties acknowledge
that the provisions contained herein are fully understood by them
and each party affirms that the Agreement is fair and acceptable
and is being freely entered into without force, and that the
execution of this Agreement is not the result of any duress or
undue influence.
2. PERSONAL RIGHTS: Husband and Wife may and shall, at
all times hereafter, live separate and apart. Each shall be free
from all control, restraint, interference and authority, direct or
indirect, by the other in all respects as fully as if he or she
were unmarried. Each may reside at such place or places as he or
she may select.' Each may, for his or her separate use or benefit,
conduct, carryon or engage in any business, occupation, profession
or employment which to him or her may seem advisable. This
2
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. -.prbV:tllibn...he..l....'bt"1i.,.'taken~-however.,-.to. be' 'an' adinission on €lie
part of either Husband or Wife of the lawfulness of the cause which
led to, or resulted in, the continuation of their living apart.
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.
3. REAL ESTATE: The parties are the jointly titled
owners of real estate known and numbered as 914 willcliff Drive,
Hechanicsburg, Cumberland County, Pennsylvania, which parcel of
real estate has been the marital residence. Husband agrees to
convey any and all right, title and interest in said parcel of real
estate to Wife in accordance with a deed prepared by counsel for
Husband to be contemporaneously executed. Wife agrees to indemnify
and hold Husband harmless from any future liability with respect to
the first mortgage in favor of Harris Savings and Loan Association,
and with respect to the Prime Line loan which is also a lien
against the premises in favor of Harris Savings and Loan
Association. Contemporaneous with the signing of this Agreement,
Wife shall pay to the Husband an amount equal to one-half the net
market value of the marital residence less the current amount due
on the first mortgage and Prime Line loan with Harris Savings and
Loan Association calculated as follows:
3
. .. .
., ..~Ka.rk.t~qalU..OJ:'o'l'rop.rt.y..-----------------' lll"~ ITlIUU....UU--
Less current mortgage balance
with Barris Savings and Loan
A..oelation ------------------------
_32.941.53
Net market value of property ----------------------- $94,558.47
Husband's one-half share ____________________________ -47,279.24
Less one-half balance due on
$41,421,06 Harris Savings and
Loan Association prime Line -------------------- - 20.710.53
BALANCE PAYABLE TO HUSBAND ________________________ $ 26,568.70
Wife shall pay the balance payable to Husband on the following
schedule:
To be paid contemporaneous with
the signing of this Agreement ------ $10,000,00
Due September 15, 1995 --------------
Due September 15, 1996 -------------
Due september 15, 1997 -------------
5,000.00
5,000.00
6.568.70
$26,568,70
wife hereby agrees to execute such additional documents which are
necessary to indemnify and hold husband harmless with respect to
any claims under the obligations to Harris Savings and Loan
Association as aforesaid.
In the event of default by Wife in
compliance with this paragraphs, wife agrees to pay reasonable
costs and counsel fees required of Husband to enforce court
compliance with said obligations.
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5, EOUITABLE DISTRIBUTION: The parties acknowledge that
they have attempted to dist.ribute their marital property in a
manner which conforms to the criteria set forth in the Pennsylvania
Divorce Code, 23 Pa.C.S,A. 53502, and that this division shall be
in full satisfaction of all marital rights of the parties.
6. COUNSEL FEES. EXPERT EXPENSES AND COSTS: The
parties agree tha~/each shall a~s~nd retain full and complete
........
responsibility for payment of any and all counsel fees, expert
expenses or costs of suit incurred on their own behalf related to
the parties' divorce action, and each party hereby waives any and
all right to seek reimbursement from the other for any such counsel
fees, expert expenses or costs of suit.
7. HUSBAND'S INHERITANCE: Wife hereby waives any and
all right, title and interest she may have in the Husband's
inheritance.
8. WIFE'S INHERITANCE: Husband hereby waives any and
all right, title and interest she may have in the Wife's
inheritance.
5
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a11 rights to a1imony.
10, WARRANTY AS TO FUTURE OBLIGATIONS: Except as set
forth in this Agreement, Husband and Wife each represents to the
other that he or she has not in the past nor will not at any time
in the future incur or contract any debt, charge or liability for
which the other, the other's legal representatives, property or
estate may be responsible, Each hereby agrees to indemnify, save
and hold the other harmless from any liability, loss, cost or
expense whatsoever incurred in the event of a breach hereof.
-et.., purpose of ....htai~-an-imme~~ree_
12. ACeEmNeE BY WI~:rlf~1f.~{t.!~~:~t::51~#
c:l. (/ .:' I
provisions of this Agreement are fair, adequate, and satisfactor~~ ,,~
w1tuf/ C l<-/
to her. Wife therefore accepts the provisions of this Agreement in' J/~'li/'r.'1
',,7,. ;1././
lieu of and in full and final settlement and satisfaction of all j., .',.11,
..i'( . .
claims and demands that she may now or hereafter have
against. /'
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alimony,' alimony 'pendente "lite, counsel fees or for any other
provisions for her support and maintenance, and also counsel fees,
costs and expenses and any other charge of any nature whatsoever
pertaining to any divorce proceeding which has been or may be
instituted by Wife in any court of the Commonwealth of Pennsylvania
or any other jurisdiction and/or any divorce proceeding which may
be instituted by Husband in any court of the Commonwealth of
Pennsylvania or any other jurisdiction or any other counsel fees,
costs or expenses incurred or to be charged by any counselor
arising in any manner whatsoever,
13. ACCEPTANCE BY HUSBAND: Husband acknowledges that
the provisions of this Agreement are fair, adequate and
satisfactory to him. Husband therefore accepts the provisions of
this Agreement in lieu of and in full and final settlement and
satisfaction of all claims and demands that he may now or hereafter
have against Wife for the support and maintenance of himself in the
form of alimony, alimony pendente lite, counsel fees or for any
other provisions for his support and maintenance, and also counsel
fees, costs and expenses and any other charge of any nature
whatsoever pertaining to any divorce proceedings which has been or
may be instituted by Husband in any court of the Commonwealth of
Pennsylvania or any other jurisdiction and/or any divorce
proceeding which may be instituted by wife in any court of the
7
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counsel' fees,' costs' or expenses incurred or to be charged by any
counselor arising in any manner whatsoever.
14.
WAIVER OF RIGHTS:
Effective upon the signing
hereof, Husband and Wife each waives all right of inheritance in
the estate of the other, any right to elect to take against the
will or any trust of the other or in which the other has an
interest, and each of the parties waives any additional rights
which said party has or may have by reason of their marriage,
except the rights saved or created by the terms of this Agreement.
This waiver shall be construed generally and shall inClUde, but not
be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other juriSdiction, and shall include all
rights under the Pennsylvania Divorce Code.
15. MUTUAL RELEASE: Husband and Wife each releases the
other from any and all claims whatsoever which either had, has or
may have against the other arising out of the marriage or
otherwise, except for those claims specifically saved or created by
the terms of this Agreement, and each hereby agrees to indemnify
and hold harmless the other from any loss, damage or liability in
regard to this release.~/,'~
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(''L../j-"~..,c~',.j/, .(- / ~ff\-,,(;:/ r Il( " ,.4 )}J i( I-'\f"~' r '.1
~l~~1. \qj2.I.{,",rfi~{:;l(.;t( ..__i'{rtl /,,;:/ ('-,:".' h'7/ '.(;:',i!
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all
to effect all provisions hereof.
17. ENTIRE AGREEMENT: This Agreement contains the
entire understanding of the parties, and there are no
representations, warranties, covenants or undertakings other than
those expressly set forth herein.
18. AGREEMENT NOT MODIFIABLE: Unless specifically
provided to the contrary herein, the terms of this Agreement shall
not be modifiable except in writing executed by the parties hereto
with the same formality as this Agreement.
19. APPLICABLE LAW: This Agreement shall be construed
and enforced under the laws of the Commonwealth of Pennsylvania.
20. SEVERABILITY: If any provision of this Agreement is
held by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions hereof shall nevertheless
continue in full force and effect and shall be construed as much as
possible so as to effect the results intended by the parties as of
the date hereof as evidenced by this Agreement.
9
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bindlthe parties~hereto and their respective heirs, executors,
administrators, legal representatives and assigns.
23. DISCLOSURE: Each of the parties hereby warrants,
represents and declares that each has made a full and complete
disclosure to the other of his or her entire assets and liabilities
and any further enumeration or statement thereof in this agreement
is hereby specifically waived, and the parties do not wish to make
or append hereto any further enumeration or statement. Each of the
parties hereto further covenants and agrees for himself or herself
and his or 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, in any
action or contention, direct or indirect, that there was any
absence or lack of full disclosure, fraud, duress, undue influence,
or that there was any absenhc7?or ;J1c~ of f~ll, pf:r~per a?~1 I"
. . -r- " '~'u;)f'-:!4,.uJ (t'.I ......~ et .' ,(..?<IA/'; I~:-
:ndepende?t rellrese~l:J~~pn. -j)1. ',ti- _.~ - '( ('. c'!f-Cf'LLe
(I d.-",e~1:-<: dUR- l~ld.u.,(1 I.~'tl"f'~ . '. p'-r; 1,1/ --.l< 1"1 / (
c'"1.-v/h ~(~cv"" 1{>~s4'1.~: [....' tli 'J /,c? ct-t.t14.b'1, . / ~
24. HEADINGS NOT PART OF AGREEMENT: Any headfi('~
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
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thi. Agreement nor .ha11 they affect it.
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meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto place their hands
and seals the day and date first above written.
_\.I~.n c;PO,..
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COMMONWEALTH"OF PENNSYLVANIA)
COUNTY OF ~~ i SS
~ ....
On this, the ~ day of , 1994
before me a notary publJ,c, the under personally
appeared LAWRENCE S. CANTOR known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
~
h" It A~
Not <y cblic lLg
My Commission Exp'
II>TMlA1. SEAl
elWTA M. MYERS. NoIatyPulllic
HatrlsbtJrO. Dauphin Courdy
My Commission Expiles July 11. 1996
COMMONWEALTH OF PENNSYLVANIA)
: SS
COUNTY OF
On this the day of , 1994
before me, a notary public, the undersigned officer, personally
appeared TWILA L. CANTOR known to me (or satisfactorily proven) to
be the person ~hose name is subscribed to the within instrument,
and acknowledged that she executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
Notary Public
My Commission Expires:
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LAWRENCE S. CANTOR,
Plaintiff
IN TIlE COURT OF COllMON PLiiAS OF
CL1IBERI.;,ND COUNTY, I'ErlNSYLVANIA
NO. 96-505
CIVIL
1996
v.
TWlLA L. ZIVIELLO,
Defendant
CIVIL ACTION - LAW
RULE 1312-1, The Petiti~n for Appointment of Arbitrators shall be substantially
in the following form:
PETIT!ON FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Edgar R. Luhn III, Esq. . counsel for the plaintiff/defendant in
the above action (or actions), respectfully represents that:
1. The abDve-captioned action (or actions) is (are) at issue.
2. The claim of the plaintiff in the action is $ 8,707.23
The counterclaim of the defendant in the action is $500.00
The following attorneys are interested in the case(s) as counselor nre other-
wise disqualified to sit as arbitrators: Cindy S. Conley, Esquire
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3)
arbitrators to whom the case shall be submitted.
Resp#~v~;,
ORDER OF COURT
AND NOW. U~JIlt: ,;{ X' . 19~.
foregoi:lg petition, J( u.iJ Y 1/0./ l..t' JtI (
Esq,. and tv, 'II/Am .AAN,' E.I.J.ES/.
in consideration of the
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are appointed arbitratDrs in the
above-captioned action
(or actions) as prayed for.
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LAWRENCB S. CANTOR, I
plaintiff I
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TWILA L. ZIVIBLLO, I
Defendant I
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IN THB COURT OF COMMON PLBAS OF
CUMBBRLAND COUNTY, PBNNSYLVANIA
NO. 96-505 CIVIL ACTION
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, OCTOBBR 7, 1996, the Court having been
informed that the parties have reached a settlement, the Board of
Arbitrators previously appointed is hereby vacated. The Chairman
shall be paid the sum of $50.00,
By the Court,
H rold B. Sheely
Ruby D. Weeks, Bsquire _ ~'1f-'"d" ~..L lo/f/'i~,
Chairman .,b '6'.
Court Administrator - ~ f6-U..l.. ~ ~.
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VOU ARE HEREBY JIIOTIFIED TO "-lAD TO THI
ENCL~~U:' WITHIN
TWENTY (2'0) DAYLV IIAVlCI HlRlOf 0-.
A DlFAULT AOGIr.IEHT YAY I. INTIMD
_'YOU
ATTDfWIY
LAW OFFICE
MILTON ~ER,NSTEIN
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2854 N, Sn'U'jp SnaT
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WI HI All" CIRlln THAT 'HI WITHIN II
A TRUI AND ~R.CT~CO'Y 0' THI
ORIGINAL "LID"" THII ACTION
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IV
AHgftNl.l'
TWILA L. ZIVIELLO,
Defendant
96-505
CIVIL TERM
LAWRENCE S. CANTOR,
Plaintiff,
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above action as settled and discontinued.
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;'~i:ed: ./~/23/96
Ed9rfi1~~~~~~e
LA~a~ICES OF MILTON BERNSTEIN
2854 North Second Street
Harrisburg, Pennsylvania 17110
(717) 232-8500
Attorney for Plaintiff
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