Jeffrey Ercolino - Page 4

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          his former spouse were advised by counsel; (3) establish that               
          pre-existing child support orders remain in effect; and (4)                 
          provide that petitioner and his former spouse “mutually remise,             
          release, quit claim and forever discharge the other * * * from              
          any and all rights * * * including * * * any rights * * * which             
          either party may have for future spousal support or maintenance,            
          alimony, [or] alimony pendente lite”.  Furthermore, in a document           
          incorporated into the divorce decree, petitioner and his former             
          spouse agreed that it was the “sole responsibility of each * * *            
          to sustain themselves without seeking any support from the                  
          other”.                                                                     
               During their marriage and prior to their separation,                   
          petitioner and his former spouse resided together in Stroudsburg,           
          Pennsylvania, in a house owned by petitioner, but subject to a              
          mortgage (the marital residence).  Petitioner, the sole mortgagor           
          on the mortgage, apparently defaulted on the mortgage payments              
          prior to the year in issue.  As a result, pursuant to foreclosure           
          proceedings the marital residence was sold on November 16, 2000.            
          Following the foreclosure sale, petitioner’s former spouse and              
          child moved to a rented residence.                                          
               According to the stipulation of facts, on October 27, 1998,            
          petitioner’s former spouse “made a request for child support and            
          spousal support” of $250 per week.  The record does not reveal to           
          whom the request was made or provide the outcome of the request.            






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