CIRCUIT COURT

:
Family Court Branch

STATE OF WISCONSIN
In re the marriage of:

TTf 5 if"*:

PETITION FOR DIVORCE

DAVID T. SPIZZIRRI,
Petitioner
fiy' ">

s <

and
CAROL

KENOSHA COUNTY

File No.:

93-FA- OC'O'iS^

j . spizziRRGLEr^OFCiRCUrFCOURT
Respondent
: Honorable Ar!b;V,r. '.'..

1. The petitioner, David T. Spiszirri, born September 2, 1961

currently resides at 7009 60 Avenue, Apt. Gl, Kenosha Wisconsin;
petitioner is by occupation material coordinator and has social
security number
2. The respondent, Carol J. Spizzirri, born April 26, 1946
currently resides at 17479 West Dartmoor Drive, Grayslake,
Illinois; respondent is by occupation office manager and has social
security number unknown.
3. The parties of this action were married on August 25, 1934
at Kenosha, Wisconsin.
4. The petitioner has resided in Kenosha County for more than
thirty (30) days next preceding the commencement of this action and
the State of Wisconsin for more than six (6) months next proceeding
the commencement of this action.
5.
(a) That no children has been born or adopted by the
parties of this marriage.
(b) No other children have been born to the wife during
this marriage.
6.

The wife is not pregnant

7.

The marriage is irretrievably broken.

Robert G. Bramscher
Attorney at Law
6044-8th Avenue
Kenosha, Wisconsin 53143
(414) 654 8661

STATE OF WISCONSIN

CIRCUIT COURT

KENOSHA COUNTY

In re the marriage of:

DAVID T. SPIZZIRRI,
Petitioner,

: FINDINGS OF FACT,

_ _ _ _ - - - ^ C O N C L U S I O N S OF LAW

J r J i m j j A N D JUDGMENT

and
CAROL J .

SPIZZIRRI

ile
rvro
n \r>n-F
L)K 0 9 l " 0

No

93-FA-124

Respondent. __.;_-.Judge Barbara A. Kluka

GAIL GENTZp-.-ZLh

CLERK OF. CIRCUII COURr

THE ABOVE ENTITLED ACTION CAME ON FOR TRIAL AS FOLLOWS:
Date of Hearing:

November 18, 1993

Presiding Circuit Judge:

Barbara A. Kluka

Appearances at the trial, or excused, pursuant to Sec. 767.125,

Stats., were:
Petitioner:

David T. Spizzirri, in person and represented by

Attorney Robert G. Bramscher.

Respondent:

Carol J. Spizzirri, in person and represented by

Attorney Robert G. Pyzyk

It appears from the record and file in this action, and from the
testimony and other evidence at the trial, that:
1.

The action was filed in Court on March 9, 1993.

2.
The Summons and Petition were served on the respondent
personally on March 15, 1993 at Grayslake, Illinois.
3. The Judge informed the parties by stating on the record that
the Judgment for divorce is effective immediately, except it is
unlaw for either party to marry again until six (6) months after
the Judgment of Divorce is granted on November 18, 1993.
THEREFORE, the Court makes the following:
FINDINGS OF FACT
1. PETITIONER: David T. Spizzirri
Current Residence: 7027-31st Avenue, Kenosha, WI 53143
Date of Birth: Sept. 2, 1961 Social Security No.
Occupation: material coordinator
Gross Income: See Financial Statement
1

COPYTGrtlvl^

2. RESPONDENT: Carol J. Spizzirri

Current Residence: 17479 West Dartmoor Drive, Grayslake, IL
Date of Birth: June 23, 1946
Social Security No. : ^ ^ ^ ^ H
Occupation: office manager
^^^^^
Gross Income: See Financial Statement
3. MARRIAGE: The parties were married on August 25, 1984 at
Kenosha, Wisconsin.
4. RESIDENCE: The residence requirements of Sec. 767.05, Stats.,
have been satisfied.
5. OTHER ACTION: No other actions for divorce, annulment or legal
separation has ever been commenced or in now pending between the
parties before this Court, or any other judge, either in Wisconsin
or elsewhere.
6.
PREVIOUS MARRIAGES:
The respondent to this action was
previously married, which marriage terminated by divorce.
7. IRRETRIEVABLE BREAKDOWN: The marriage of the parties is found
to be irretrievably broken, pursuant to Sec. 767.12, Stats., in
that both parties have stated under oath or affirmation that the
marriage is irretrievably broken.
8. FINANCIAL DISCLOSURE: A financial disclosure statement
pursuant to Sec. 767.27, Stats., was filed in this action by each
of the parties, and the Court hereby accepts and approves the same
as constituting the basis for the provisions of the findings and
judgment herein relating to maintenance and property division.
9. MILITARY SERVICE: The defaulting party at the trial in not in
the military service of the United States as defined by the
provisions of the Act of Congress entitled "Soldiers and Sailors
Civil Relief Act of 1940" as amended.
10. STIPULATION FOR JUDGMENT: There is a Stipulation for Judgment
between the parties, pursuant to Section 767.10 Stats., which is on
file in this action. A true and correct copy of the Stipulation is
attached and is incorporated herein by reference as though fully
set forth. The provisions of the Stipulation are hereby found to
be reasonable and fair, subject to the modifications contained on Exhibit A
which were orally agreed upon by the parties at the time of the proceedinqs
3
herein.
2

11. MINOR CHILDREN: There are no children either born of this

marriage or adopted, and the wife is not now pregnant.
CONCLUSIONS OF LAW AND JUDGMENT
1. DIVORCE: A divorce has been granted effective immediately.
However, neither of the parties may lawfully marry, either in
Wisconsin or elsewhere, for at least six (6) months from the date
of granting of judgment on November 18, 1993.
2. STIPULATION FOR JUDGMENT: The provisions of the Stipulation
are approved and are in every respect made a part of the Judgment,
pursuant to Section 767.37 (1) (a), Wis. Stats.
3.

RESIDENCE:

A) The petitioner shall be awarded the duplex located at

7025-31st Avenue, Kenosha, Wisconsin. Legal description being:
Lot Three Hundred Forty-one (341) of H.C. Crooks western
Subdivision of part of the Southwest Quarter of Section One
(1), Township One (1) North, Range Twenty-two (22) East of the
Fourth Principal Meridian, and lying and being in the City of
Kenosha, Kenosha County, Wisconsin.
Petitioner shall hold the respondent harmless of any payments
thereof.
B) The respondent shall be awarded the residence located at
17479 Dartmoor, Grayslake, Illinois. Legal Description being:
Lot 3 in Block 3 in Woodland Meadows, Unit No. 3B, being a
subdivision in the South 1/2 of Section 29, Township 45 North,
Range 11, East of the Third Principal Meridian, according to
the plat thereof, recorded November 25, 1985, as Document
2401915, in Lake County, Illinois.
Respondent shall hold the petitioner harmless of any payments
thereof.
4. ATTORNEY FEES AND COSTS: Each of the parties are responsible
for his or her own attorneys fees.

5. RESTORATION OF NAME: Effective immediately, the Petitioner may

resume the use of the former legal surname of Pratt.
Approved this
Novelpber, 19!

day of

roved* this
993.

a.

(Lu^D.

Attorney for Respondent

Family Court Commissioner

Kenosha County, Wisconsin

Fine
The foregoing Findings
of Fact and Conclusion of Law are hereby
rendered this ^% day of ^Mevemberr-1993
amberr
BY THE COURT;

<**'( 6-

x
.^Barbara A. Kluka
/Circuit Court Judge, Br. 2
V Kenosha County, Wisconsin

The foregoing Judgment i

of WevemtoeT, 1993.

rendered and entered this _i

tA%02/miku

Clerk of Circuit Court

Kenosha County, Wisconsin

(/Deputy) Clerk

Judgment mailed.

ROBERT G. BRAMSCHER
Attorney at Law
6044-8th Avenue
Kenosha, WI 53143
(414)654-8661

day

STATE OF WISCONSIN

CIRCUIT COURT

KENOSHA COUNTY

In re the marriage of:

DAVID T. SPIZZIRRI,

Petitioner,

MARITAL SETTLEMENT AGREEMENT

Case No. 93FA124

and
CAROL J. SPIZZIRRI,
Respondent.

This Agreement made and entered into by and between DAVID T.

SPIZZIRRI, hereinafter referred to as petitioner and CAROL J.
SPIZZIRRI, hereinafter referred to as respondent.
WITNESSETH:
WHEREAS, the parties hereto are husband and wife and there is
presently pending in the Circuit Court of Kenosha County, Wisconsin,
an action for divorce; and,
WHEREAS, it is the desire of the parties hereto to enter into
a Stipulation for purposes of the final disposition of said matter;
and,
WHEREAS, it is the desire of the parties hereto to make a full
and complete division of all property now owned by them and
conditioned upon the approval of the Court and in the event the Court
shall grant a divorce to one of the parties as prayed for, the parties
to the captioned cause hereby stipulate and agree that the property
interests of the parties shall be disposed of on the following terms
and conditions as set forth herein.

1.

Each party enters his respective appearance in this action

and alleges to the Court that the marriage is irretrievably broken and
that there is no chance of reconciliation.

Both parties specifically

request that the Court grant judgment dissolving their marriage and
approve the terms and conditions of this agreement.
2.

Maintenance to both parties shall be denied and

terminated forthwith.
3.

Petitioner shall pay and be responsible for the tuition

and school expense for the minor child, Ciprina J. Pratt, at Caramel
High School and shall discharge these obligations promptly as they
become due. Any increase in the cost of tuition during the course of
her high school education shall be assumed by the petitioner and
discharged in a timely fashion.
4.

The residence of the respondent located at 17479 Dartmoor,

Grayslake, Illinois and legally described as follows:

Lot 3 in Block 3 in Woodland Meadows, Unit No. 3B,
being a subdivision in the South 1/2 of Section
29, Township 45 North, Range 11, East of the
Third Principal Meridian, according to the plat
thereof, recorded November 25, 1985, as Document
2401915, in Lake County, Illinois
shall be awarded to the respondent and the petitioner shall be
divested of any and all right, title and interest therein.

Respondent

shall be responsible for the outstanding mortgage balance and any and
all liens and encumbrances against said parcel and shall indemnify and
hold harmless the petitioner for any liability thereon.
5.

The duplex located at 7025 31st Avenue, Kenosha,

Wisconsin and legally described as follows:

-2-

Lot Three Hundred Forty-one (341) of H. C.

Crooks Western Subdivision of part of the
Southwest Quarter of Section One (1), Township
One (1) North, Range Twenty-two (22) East of
the Fourth Principal Meridian, and lying and
being in the City of Kenosha, Kenosha County,
Wisconsin
shall be awarded to the petitioner upon petitioner securing a purchase
money mortgage in an amount sufficient to satisfy the existing
mortgage on the premises and upon respondent being released from any
and all liability thereon.

Petitioner shall have until November 30,

1993 within which to secure refinancing and the release of respondent

from the terms and provisions of the note and mortgage securing the
same.
6.

In order to equalize the division of the estate,

petitioner shall pay to the respondent the^um o $5,000.00 on or

before Nuvember 30,-1933 and shall "secure s\id ^um from the
refinancing of the premises specified in paragraph 5 above. Upon
securing the refinancing of the indebtedness on said premises and
upon paying the sum of $5,000.00 to the respondent, the respondent
shall quit claim her interest in the premises in Kenosha County to the
petitioner and respondent shall be divested of any and all right,
title and interest therein.
7.

Pursuant to sec. 767.255, Wis. Stats., and as and for a

full, final, complete and equitable property division, each party is

awarded the following:
To Petitioner:
A.

The household furniture, furnishings, fixtures,

appliances and household personal effects in his

possession at the time of the final hearing herein;

B.

Any life insurance policies in his name, together

with all cash surrender value therein;

C.

Any and all savings accounts, checking accounts or

money market accounts in his name;

E.

1992 Plymouth Sundance, together with the indebtedness

encumbering the vehicle;

F.

Any and all IRA's, pension plans, profit sharing

plans or retirement accounts in which petitioner
has any interest;

To Respondent:
A.

The household furniture, furnishings, fixtures,

appliances and household personal effects in her
possession at the time of the final hearing herein;

B.

Any life insurance policies in her name, together

with all cash surrender value therein;

C.

Any and all savings accounts, checking accounts or

money market accounts in her name;

D.

1985 Buick Park Avenue, together with the

indebtedness encumbering the vehicle;

8.

The petitioner shall maintain Ciprina J. Pratt on his

comprehensive medical, dental and hospitalization insurance policies

until such time as the child reaches the age of 18 or graduates
from high school, whichever occurs last.

The petitioner shall

maintain Ciprina J. Pratt on his comprehensive medical, dental and

hospitalization insurance policies as long as the insurance is
provided to the petitioner through his place of employment.
9.
policies.

Each party shall be awarded his respective life insurance

The petitioner shall maintain Ciprina J. Pratt as a primary

beneficiary on his life insurance policy until such time as the child

-4-

has reached the age of 18 or graduated from high school, whichever

occurs last.
10.

The petitioner shall be responsible for the outstanding

obligations due and owing and reported on his financial disclosure

statement dated July 6, 1993 and shall indemnify and hold harmless the
respondent from any liability thereon.

The respondent shall be liable

for the outstanding mortgage obligation due and owing on her residence
in Grayslake, Illinois and shall be responsible for the outstanding
obligation due and owing to J & L Associates and shall indemnify and
hold harmless the petitioner for any liability thereon.

Each party

shall be liable for any indebtedness incurred by said party since the
commencement of this action and shall indemnify and hold harmless the
other from any liability thereon. With respect to each party's
responsibility for the payment of certain debts and liabilities, and
their obligation to hold the other harmless for the payment thereof,
the parties understand and agree that their obligations are a
nondischargeable debt under Section 523(a)(5) of the Bankruptcy Code,
this obligation being part of the final financial support settlement
for both parties. This financial obligation shall be in the nature of
support and not property settlement.

It is related to the support of

both parties and does not affect any other provisions of this
settlement agreement and is not intended to confer additional subject
matter jurisdiction in the court with respect to any maintenance
obligation.

This clarification expresses the intent of the parties

with respect to the payment and legal responsibility for the payment

-5-

of the debts and obligations of the parties.

11.

Both parties agree not to molest, interfere with, or

impose any restraint upon the personal liberty of each other.

12.

Each party shall pay and be responsible for his own

attorney fees.
13.

The petitioner shall install on the premises awarded to

the respondent the following:

(a) Install insulation and drywall in the garage;
(b) Install a garage door.
The installation of the garage door, drywall and insulation
shall be completed by the petitioner no later than June 1, 1994.
Should the petitioner fail to install such, the respondent shall be
entitled to have the same completed by a contractor of her choosing
and the petitioner shall be surcharged for the cost of the same.
14.

This stipulation is founded in part upon the statement of

income from all sources, assets, debts and liabilities as set forth in
disclosures by the parties heretofore.

Each party must file a

financial disclosure statement pursuant to Section 767.27, Wis.

Stats.

Each represents and warrants to the other that there will be a

full disclosure of all income, assets, debts and liabilities, owned in

full or in part by either party separately or by the parties jointly.
This property referred to in the Final Stipulation represents all the
property which either of them has any interest in or right to, whether
legal or equitable.

-6-

15.

The forum for all disputes shall be the Kenosha County

Circuit Court, State of Wisconsin, unless the parties otherwise agree

in writing.

However, in the event of any dispute, demand or

expenditure, the demanding party shall first notify the other in

writing for a response, which response shall be immediate.

In the

event no agreement can be reached, the matter shall be submitted to

the Circuit Court of Kenosha County for determination.
16.

Now or in the future, upon demand, the parties agree to

execute and deliver any and all documents which may be necessary to
carry out the terms and conditions of this agreement.

Upon failure to

do so, a certified copy of the Judgment of Divorce may be recorded

and/or utilized with the same force and effect as if a deed,
conveyance, transfer or other such document had been personally
executed by said party.
17.

The parties agree to the terms of this Final Stipulation

and said Stipulation may be submitted to the Court for approval, and
both parties will request the Court to incorporate the terms hereof in
the final Judgment of Divorce, and make the terms enforceable as part
of such Judgment.

In the absence of the granting of said Judgment and

the approval of this Final Stipulation, unless expressly indicated to

the contrary in a specific paragraph of this Final Stipulation, the
provisions of this entire Stipulation shall be void and of no legal
force and effect.
18.

Each party acknowledges that this Final Stipulation has

been entered into of his or her own volition with full knowledge and

-7-

information, including consequences.

In some instances, it represents

a compromise of disputed issues. Each party believes the terms and

conditions to be fair and reasonable under the circumstances.

No

coercion or undue influence has been used by or against either party

in making this Agreement.

Each party acknowledges that no

representations of any kind have been made to him or her as an

inducement to enter into this Agreement, other than the
representations set forth herein.
19.

A modification or waiver of any of the provisions of this

Stipulation shall be effective only if made in writing and executed

with the same formality as this Stipulation.

Failure of either party

to insist upon strict performance of any of the provisions of this

Stipulation shall not be construed as a waiver of any subsequent
default of the same or similar nature.
20.

The parties represent and acknowledge that both parties

may make certain decisions during the pendency of this action.

They

are acting in good faith and in reliance on this Final Stipulation.

If said Stipulation is rejected by one party prior to trial or is for
any reason not approved by the Court, the Court shall give substantial
weight in making any property division or other order to the fact that
there may have been a detrimental reliance by either or both parties
on the terms or conditions of this Final Stipulation.
21.

Both parties agree, for the year 1993 and thereafter, not

to assert a position in the preparation and filing of their income tax

returns, whether singly or jointly with another, inconsistent with the

-8-

terms and conditions of this agreement. Each party agrees that he

will seek the advice of his own tax return preparer and/or accountant
in determining the method and manner in which to report his income for
the year 1993.
Dated this

IS

day of November, 1993.

PETITIONER:

RESPONDENT:

'. SpTzzirri

^
Caro

ROBERT G. BRAMSCHER
A t t o r n e y for P e t i t i o n e r

zzim

NIEBLER<PYZYK &
torneys p6r
tor IRe
Attorneys
By

bert^-G. Bramscher
S t a t e Bar #

Spiziirri.Stipulation

-9-

Robert G. 'Pyzyk
State Bar #1016525

EXHIBIT A
Paragraph 5 of the Marital Settlement Agreement shall be amended in the following
respects:
Petitioner shall be responsible for any and all expenses and charges incurred for the
premises located at 7025 31st Avenue, Kenosha, Wisconsin, including, but not limited
to, any and all mortgage payments, utility payments, tax payments or any other sums
in any manner associated with said parcel. Petitioner shall collect the rents from
said parcel and shall discharge the obligations as they become due.
Paragraph 9 of the Marital Settlement Agreement shall be amended such that the petitioner
shall annually supply verification to the respondent that his life insurance policy is in effect.
Said policy shall remain in effect so long as the child, Ciprina, is less than 19 years old and
is pursuing an accredited course of instruction leading to the acquisition of a high school
diploma or its equivalent.