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Rizzolo v. Rizzolo

August 2, 2007

VICTOR RIZZOLO, PLAINTIFF-RESPONDENT/ CROSS-APPELLANT,
v.
BARBARA RIZZOLO, DEFENDANT-APPELLANT/CROSS-RESPONDENT.



On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Middlesex County, Docket No. FM-12-751-06G.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: July 5, 2007

Before Judges Skillman and King.

This is an appeal and cross-appeal from a final judgment of divorce entered on September 26, 2006. The substantive economic provisions of the order deciding this contested proceeding state:

1. The Bridgewater property located at 738 West Foothill Road, Bridgewater, New Jersey and the furniture and furnishings shall remain and be the property of the Defendant, Barbara A. Rizzolo;

2. The Florida property located at 453 Shade Drive East, Venice, Florida and all furniture and furnishings therein (with the exception of Defendant's clothing and personal effects) shall be awarded to Plaintiff, Victor A. Rizzolo, in equitable distribution. Defendant shall deliver a Deed to Victor A. Rizzolo for the said property, along with an Affidavit of Title, said Deed to be Bargain and Sale with Covenants against Grantor's Act, within ten (10) days of the date hereof. In the event that Defendant does not sign the Deed to the Florida property located at 453 Shade Drive East, Venice Florida within the allotted time, Dale E. Console, Esq., is hereby appointed as attorney-in-fact for the purpose of signing the Deed on behalf of Barbara A. Rizzolo.

3. Defendant shall keep as her own separate property the life insurance policy on the life of Victor A. Rizzolo;

4. Plaintiff shall keep his interest in Rizzolo & Rizzolo, a partnership free and clear from any claim by the Defendant;

5. The Pendente Lite Order previously entered in this matter shall be amended to provide that the Plaintiff shall pay to the Defendant the sum of $400.00 per week in permanent alimony. Plaintiff is relieved from paying any of the other charges and awards under the Pendente Lite Order after this date.

6. Each party shall each pay his or her own counsel fees and costs;

7. The balance of the fee due to Amper, Politziner and Mattia shall be paid by Plaintiff, Victor A. Rizzolo, within thirty (30) days of the date hereof;

8. The parties shall each be responsible for any debt in their name without contribution by the other, except for any Pendente Lite obligation that the Plaintiff may have that are still outstanding;

9. Any and all other assets shall be kept by the party in whose name they are registered, without any claim by the other party, with the exception of the 1926 Steinway Grand Piano with piano rolls, the Somerset County Antique Map and the Squires Map of New Jersey, which are currently located in the ...


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