HomeMy WebLinkAbout02-5647 IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
Vo
RICHARD VINCENT LUCENTE
Defendant
NO. ~ ~q? CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt action.
You are warned that if you fail to do so, the case may proceed without
you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other
claim or relief requested in these papers by the Plaintiff. You may
lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A list
of marriage counselors is available in the Office of the Prothonotary at
the York County Courthouse, York, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU DO NOT
THE OFFICE SET
CUMBEPJ~AND COUNTY ~ ASSOCIATION
2 LIBERTY AVENUE
C2~D~LISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
Vo
RICHARD VINCENT LUCENTE
Defendant
NO.~)~z~%~&q~ CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT
AND NOW, this
Holly Cathleen Lucente,
and files this Complaint
day of November, 2002, comes the Plaintiff,
by her attorney, Diane G. Radcliff, Esquire,
of which the following is a statement:
COUNT I: DIVORCE
The Plaintiff is Holly Cathleen Lucente, an adult individual
residing at 500 Ridgeview Drive, Dillsburg, York County,
Pennsylvania 17019.
The Defendant is Richard Vincent Lucente, an adult individual
residing at 21 Falcon Court, Mechanicsburg, Pennsylvania 17055.
Plaintiff and/or Defendant have
Commonwealth for at least six (6)
this Complaint.
been bona fide residents of the
months previous to the filing of
Plaintiff and Defendant were married on December 11, 1992 at
Everett, Washington.
o
There have been no prior actions of divorce or annulment between
the parties.
Plaintiff has been advised of the availability of counseling and
the right to request that the Court require the parties to
participate in counseling.
The Defendant is not a member of the Armed Services of the United
States or any of its Allies.
2
o
The Plaintiff avers that the grounds on which the action is based
are:
a. Section 3301(c): The marriage is irretrievably broken;
bo
Section 3301(d): The marriage is irretrievably broken and the
parties are now living separate and apart. Once the parties
have lived separate and apart for a period of two years,
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, divorcing the Plaintiff and Defendant.
COUNT II: EQUITABLE DISTRIBUTION
o
Paragraphs 1 through 8 are incorporated by reference hereto as
fully as though the same were set forth at length.
10.
Plaintiff and Defendant have acquired property and debts, both real
and personal, during their marriage from December 11, 1992 until
November 9, 2002, the date of separation, all of which are "marital
property" or "marital debts".
11.
Plaintiff and/or Defendant have acquired, prior to the marriage or
subsequent thereto, "non-marital property" which has increased in
value since the date of marriage and/or subsequent to its
acquisition during the marriage, which increase in value is
"marital property".
12.
Plaintiff and Defendant have been unable to agree as to an
equitable division of said property and debts as of the date of the
filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to equitably
divide all marital property and debts of the parties.
COUNT III: ALIMONY PENDENTE LITE, ALIMONY
13. Paragraphs 1 through 12 are incorporated by reference hereto as
fully as though the same were set forth at length.
14.
Plaintiff lacks sufficient property to provide for her reasonable
means and is unable to support herself through appropriate
employment.
15.
Plaintiff requires reasonable support to adequately maintain
herself in accordance with the standard of living established
during the marriage.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
award of alimony pendente lite until final hearing and hereafter enter
an award of alimony permanently thereafter.
COUNT IV: COUNSEL FEES, COSTS AND EXPENSES
16. Paragraphs 1 through 15 are incorporated by reference hereto as
fully as though the same were set forth at length.
17. Plaintiff has employed legal counsel but is unable to pay the
necessary and reasonable attorney's fees for said counsel.
18.
The Plaintiff is in need of hiring various experts to appraise the
parties' marital assets and does not have the funds to pay the
necessary and reasonable fees.
WHEREFORE, Plaintiff requests this Honorable Court to enter an
award of interim counsel fees, costs and expenses and to order such
additional sums hereafter as may be deemed necessary and appropriate and
at final hearing to further award such additional counsel fees, costs
and expenses as are deemed necessary and appropriate.
COUNT V: CUSTODY
19. Paragraphs 1 through 18 are incorporated by reference hereto as
fully as though the same were set forth at length.
20. Plaintiff seeks custody of the following children:
4
Gabrielle B. Lucente 500 Ridgeview Drive 7 04/14/1995
Dillsburg, PA 17019
Dominique P. Lucente 500 Ridgeview Drive 6 08/12/1996
Dillsburg, PA 17019
Vincent R. Lucente 500 Ridgeview Drive 4 07/16/1998
Dillsburg, PA 17019
Gino R. Lucente 500 Ridgeview Drive 2 03/11/2000
Dillsburg, PA 17019
21. The children were not born out
22. The children are presently in
resides at 500 Ridgeview Drive,
23.
of wedlock.
the custody of the Plaintiff who
Dillsburg, Pennsylvania 17019.
During the past five years, the child/children has/have resided
with the following persons and at the following addresses:
Plaintiff 500 Ridgeview Drive 11/9/02-
Dillsburg, PA 17019 present
Plaintiff & 500 Ridgeview Drive 1999 to
Defendant Dillsburg, PA 17019 11/9/02
Plaintiff & 1135 Brockton Court 10/98
Defendant New Cumberland, PA 17070 6/99
Plaintiff & 113 Copper Oak Ct. 9/97 -
Defendant Woodsboro, MD 21798 10/98
24.
25.
26.
27.
28.
The mother of the children is Holly Cathleen Lucente currently
residing at 500 Ridgeview Drive, Dillsburg, Pennsylvania 17019.
The mother is married.
The father of the children is Richard Vincent Lucente currently
residing at 21 Falcon Court, Mechanicsburg, Pennsylvania 17055.
The father is married.
The relationship of Plaintiff to the children is that of Mother
29. The Plaintiff currently resides with the following persons:
Gabrielle B. Lucente Daughter
Dominque P. Lucente Daughter
Vincent R. Lucente Son
Gino R. Lucente Son
30. The relationship of Defendant to the children is that of father.
31. The Defendant currently resides with the following persons:
32.
33.
34.
35.
Plaintiff has not participated as a party or witness, or in another
capacity, in other litigation concerning the custody of the
children in this or another court.
Plaintiff has/has no information of a custody proceeding concerning
the children pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceedings
who has physical custody of the children or claims to have custody
or visitation rights with respect to the children.
The best interest and permanent welfare of the children will be
served by granting the relief requested because:
36.
a. Plaintiff has been the primary care giver for the
children;
b. Plaintiff is a stay at home mother while the father
works and is not as available to care for the children;
c. The parties have agreed to their custodial arrangements
wherein Defendant will have partial custody and
Plaintiff will have primary custody of the children.
Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children
have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant primary physical
custody of the children to the Plaintiff.
Respectfully submitted,
3 4~indle~ Road
Camp ~iil,-PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975-0697
Attorney for Plaintiff
VERIFICATION
HOLLY CATHLEEN LUCENTE verifies that the statements made in this
Complaint are true and correct. HOLLY CATHLEEN LUCENTE understands that
false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
HOLLY <~ATHLEEN LUCENTE
Date: ~-~~
HOLLY CATHLEEN LUCENTE,
Plaintiff
RICHARD VINCENT LUCENTE,
Defendant
AND NOW, this
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5647 CIVIL TERM
.
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER APPEARAaNCE
l0w day of December 2002, the undersigned attorney enters his
appearance on behalf of the defendant, Richard Vincent Lucente.
Date
Respectfully submitted,
Austin F. Grogan, !~ tun
24 North 32nd Strk~t
Camp Hill, PA 1/7011
(717) 737-1956
Attorney for Defemtant
I.D. #59020
· HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE,
Plaintiff
RICHARD VINCENT LUCENTE,
Defendant
NO. 02-:5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR CUSTODY ORDER
AND NOW This ~t?~'day of /v,tr~ '4' ,2003, HOLLY CATHLEEN LUCENTE and RICHARD
VINCENT LUCENTE hereby stipulate and agree that the foregoing Custody Order shall be entered by the Court
in the above captioned matter.
IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and
seals the day and year below written.
WITNESS:
I [
AUSTIN F~ GRO~~RE
Date: ~<"/t' ) / o .~
HOLL~ATHLEEN LUCENTE
Date:
RICHARD VINCENT LUCENTE
Date:
{SEAL}
{SEAL}
- 8 -
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
NO. 02-5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
o
A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on November 22, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken
and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
I consent to the entry of a final Decree in Divorce after service
of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:
HOLL~ATHLEEN LUCENT~.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
NO. 02-5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORC.: CODE
o
o
I consent to the entry of a final decree in divorce without
notice.
I understand that I may lose rights concerning alimony, division
of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I understand that I will not be divorced until a divorce decree
is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed, with the Prothonotary.
I verify that the statements made in this Waiver are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification
to authorities.
Dated: ~-~-O~
HOLLY ~THLEEN LUCENTW.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
Vo
RICHARD VINCENT LUCENTE
Defendant
NO. 02-5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
o
o
A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on November 22, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken
and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
I consent to the entry of a final Decree in Divorce after service
of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
Dated:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
NO. 02-5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
I consent to the entry of a final decree in divorce without
notice.
I understand that I may lose rights concerning alimony, division
of property, lawyer's fees or exp~nses if I do not claim them
before a divorce is granted.
I understand that I will not be divorced until a divorce decree
is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed, with the Prothonotary.
I verify that the statements made in this Waiver are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification
to authorities.
Da ted: ~J/~_~
RICHARD VINCENT LUCENTE
HOLLY LUCENTE/5.6.03. CUSTODY STIPULATION & ORDER
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE,
Plaintiff
RICHARD VINCENT LUCENTE,
Defendant
NO. 02-.5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CUSTODY ORDER
AND NOW, this ~[~'~ay of I~! q , 20 O.~upon consideration of the within Stipulation for Custody Order
executed by Holly Cathleen Lucente (hereinafter referred to as "Mother") and Richard Vincent Lucente
(hereinafter referred to as "Father")(Mother and Father are sometimes hereinat~er referred to individually"Parent"
and collectively "Parents") pertaining to their four (4) minor children: Gabrielle B. Lucente, bom on 04/14/1995;
Dominique P. Lucente, born on 08/12/1996; Vincent R. Lucente, bom on 07-16/1998; Gino R. Lucente, born
on 03/11/2000 (hereinafter referred to as the "Children"), IT IS HEREBY ORDERED AND DECREED as
follows:
LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Children. Pursuant to
the foregoing the following shall apply:
Access to Information: Each Parent shall be entitled to access to any and all information regarding
the health, education, religion, and general well being of the Children, and pursuant thereto each
Parent shall be entitled to communicate with and receive information and documents from any
persons or entities having such information and/or documents regarding the health, education,
religion, and general well being of the Children so that informed decisions can be made.
Communication: Each Parent shall permit and encourage communication by the other Parent with
doctors, clinics, hospitals, other health care providers, teachers, guidance counselors, other school
personnel regarding said Children's health, education and welfare.
3. Major Decisions: All major non-emergency decisions affecting the Children's health, education,
- 1 -
~NVA'1ACdNN~d
HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
religion and general well being shall be made jointly by the Parents. Major decisions shall include,
but not be limited to:
Non-emergency Decisions: Non-emergency major medical decisions including medical,
medications, dental, orthodontic, optical, psychological, psychiatric, elective surgery, or and
the like;
Health Care Providers: Selection of or change in health care providers and counselors or
therapist;
c. Religion: Selection of religion and religious training;
General Welfare: General welfare decisions, such as acquisition of passport, changing of
name, signing of contracts on behalf of said Children, signing of drivers license, signing of
working papers, and the like.
Non-Major Decisions: Non-major decisions involving; the Children's day to day living shall be
made by the Parent then having custody, but to the extent possible, the Parents shall attempt to
make such rules and follow such schedules as would provide the Children with continuity regardless
of the then existing custodial Parent.
Emergency Decisions: Emergency decisions regarding the Children shall be made by the Parent
then having physical custody, but that Parent shall communicate to the other Parent the nature and
extent of the emergency and shall provide that other Parent with all information pertaining to the
treatment so that the other Parent may be involved in the decision making process at the earliest
possible time.
e
Information Exchan_ee: Each Parent shall provide the other Parent with information concerning
the well being of the Children including, but not limited to, the Children's report cards, school
meeting notices, vacation schedules, classes programs, requests for conferences, results of diagnostic
tests, notices of activities, order forms for school pictures, communications from health care
providers and the like within five (5) days of receiving such information.
7. Copies of Documents: Upon receipt by a Parent, copies of the Children's school schedules, special
- 2 -
HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
events notifications, report cards and the like shall be provided to the other Parent. Each Parent
shall share with the other Parent any other information and documentation, or copies thereof, that
each Parent possesses regarding the Children within su~ch reasonable time as to make the records
and information of reasonable use to the other Parent.
Notice of Activities: Each Parent shall provide the other Parent with at least forty eight (48) hours
advance notice of school or other extracurricular activities.
10.
11.
Appointments: The Parent arranging any non-emergency medical, dental, optical, psychological
appointments and/or treatments for the Children shall notify the other Parent within three (3) days
of scheduling the appointment but in no event any later tl~an forty eight (48) hours prior to any such
appointment.
Mail: Each Parent, upon receipt of mail or packages addressed to the Children from the other
Parent or any member of the other Parent's family, shall see to it that such unopened mail or
packages are immediately given to the Children.
Residence Address: Each Parent shall at all times provide the other Parent with his or her
residence/home address where the Children can be reached when in that Parent's custody. If either
Parent intends on relocating from his or her current residence, or any other residence hereafter
established, regardless of its location and/or any requirement to obtain court approval as herein
provided or otherwise required by law, upon making a determination to relocate, but in no event any
later than sixty (60) days prior to such intended relocation, the relocating Parent shall provide the
other Parent with any and all information regarding tlhat intended relocation including, but not
limited to, the new address, the reasons for relocation, the intended date of relocation, the persons
to comprise the household in the new residence, and information regarding school, church,
physicians and other health care providers that the relocating Parent intends to use after that
relocation.
12.
Telephone Contact: Both Parents shall be afforded reasonable telephone contact with the Children
while in the other Parent's custody and for said purposes; each Parent shall provide the other Parent
with his or her phone number where the Children can be reached when in that Parent's custody.
Each Parent, step-parent, or live-in mate shall not unreasonably interfere with the Children's right
to privacy during such telephone conversations, nor shall listen to that conversation an extension
- 3 -
HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
13.
telephone. Each Parent shall see that the Children calls the other Parent within twenty-four (24)
hours of receipt of any phone message requesting such a return call.
No Derogatory Comments: Neither Parent will undertake, or permit by any other person, the
poisoning of the Children's mind against the other Parent, by conversation or otherwise, any
communication that explicitly or inferentially derides, ridicules, condemns, or in any manner
derogates the other Parent or extended family members. Neither Parent shall attempt, or condone
any attempt, directly or indirectly, to estrange the Children from the other Parent. At all times each
Parent shall encourage and foster in the Children a sincere respect and affection for the other
Parent.
14.
No Discussion: Neither Parent shall discuss any aspect of the custodial situation, other than
finalized custody schedules, with the Children. Neither Parent shall discuss any pending legal action
involving the Parents with the Children. Neither Parent utilize the Children for purposes of
conveying information or inquiries pertaining to the Chitdren and/or any pending legal action to the
other Parent.
Be
15.
Temporary Absence from Commonwealth: If either Parent intends on removing the Children
from his or her residence for a period in excess of forty-eight (48) hours that Parent shall provide
the other Parent with the address and phone number where the Children can be reached during the
period of absence.
16.
Relocation: Neither Parent shall remove and relocate the Children from the jurisdiction of the
Court of Common Pleas of either York County, Pennsylvania or Cumberland County, Pennsylvania
on a permanent basis without providing the other Parent with at least sixty (60) days advance notice
thereof. This sixty (60) day time period is designed to iprovide the Parents with time to negotiate
a modification of this Stipulation for Custody Order, and in absence thereof to be able to Petition
the Court for a modification if the same is appropriate under the circumstances.
PHYSICAL CUSTODY: Mother shall have primary physical custody of the Children and Father shall
have partial physical custody of the Children, subject to the custody schedule hereafter set forth.
Custody Schedule: The Parents rights of custody Shall be in accordance with the following
schedule:
a. Primary Custodian's Periods: Mother shall have custody of the Children for all periods
- 4 -
HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
not specifically reserved for Father in herein.
Alternating Weekends: The Parents shall alternate custody on alternating weekends from
Friday at 6:00 p.m. until Monday at 8:00 a.m. Father's first weekend shall be the weekend
of November 15, 2002 through November ! 7, 2002.
c. Mid-Week: Each week from Wednesday at 6:0(} p.m. until Thursday at 8:00 a.m.
de
Holidays/Special Days: Custody for major holidays and special days shall be in accordance
with the following schedule:
HOLIDAYS TIMES EVEN ODD
YEARS YEARS
New Years Day 9:00 a.m. to 9:00 p.m. Mother Father
Easter Day 9:00 a.m. to 9:00 p.m. Father Mother
Memorial Day 9:00 a.m. to 9:00 p.m. Mother Father
Independence Day 9:00 a.m. to 9:00 p.m. Father Mother
Observed
Labor Day 9:00 a.m. to 9:00 p.m. Mother Father
Thanksgiving Day 9:00 a.m. to 9:00 p.m. Mother Father
Christmas Day 9:00 a.m. to 9:00 p.m. Father Mother
Mothers Day 9:00 a.m. to 9:00 p.m. Mother Mother
Fathers Day 9:00 a.m. to 9:00 p.m. Father Father
In the event a Parent is to have custody on a holiday that immediately precedes or follows
his or her regular alternating weekend, that Parent shall have custody of the Children
without interruption between the holiday and the weekend.
ee
Summer Vacation Time: Each Parent shall be entitled to two (2) uninterrupted weeks of
custody of the Children under and subject to the following terms and conditions:
Consecutive or Non-Consecutive Weeks: The weeks are to be exercised in two (2)
non-consecutive one (1) week periods.
Encompassine Regular Weekend: To the extent possible these weeks shall be
scheduled to encompass the selecting Parent's regular alternating weekend.
- 5 -
HOLLY LUCENTE/3.7.03. CUSTODY STIPULATION & ORDER
e
e
Weekend Switchine: If said scheduling set forth in subparagraph 3 above is not
possible or practical, then the Parent selecting the custodial time period that
encompasses the other Parent's regular alternating weekend shall switch weekends
with the other Parent so that neither Parent has custody of the Children for more
than two (2) consecutive weekends.
e
Advance Written Notice: Each Parent must provide the other Parent with at least
thirty (30) days advance written notice of his or her intention to exercise each of
these custodial weeks.
Conflict: Should conflict arise between the selection of said weeks the first Parent
to notify the other Parent of his or her selection shall have the right to exercise
custody on the weeks selected and the ollher Parent shall select other times for his
or her weeks so as to avoid any conflicts.
Modification: The Parents shall be at liberty to modify the custodial periods herein provided to
accommodate their respective schedules and special ewmts, subject, nonetheless in all respects to
the mutual agreement of the Parents for any such modifications.
Precedence: The holiday schedule shall take precedence over any other custodial period set forth
herein. The other miscellaneous custodial periods shall take precedence over the regular alternating
weekend and midweek custodial periods set forth herein.
Transportation: The transportation necessary for the custodial exchanges herein set forth shall
be shared by the Parents. The Parent receiving custody of the Children shall provide the
transportation for that custodial exchange.
Unavailability: In the event either Parent is going to be out of town or is otherwise unavailable to
exercise his or her custodial periods, they shall notify the other Parent accordingly and the other
Parent shall be provided with the opportunity to have custody for the period of unavailability.
BY THE COURT:
Jo
- 6 -
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
NO. 02.-5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
MARITAL AGREEMENT
BETWEEN
RICHARD V. LUCENTE
AND
HOLLY C. LUCENTE
TABLE OF CONTiENTS
INTRODUCTION AND PREAMBLE ........................................................................ 1
SECTION I
General Provisions .......................................................................................................... 2
SECTION II
Distribution of Property ................................................................................................. 9
SECTION III
Distribution of Debts ......................................................................................................
13
SECTION IV
Counsel Fees, Alimony, Spousal Support, Child Custody, Child Support, Health
Insurance, Educational Expenses and Income Tax Provisions ......................................
16
SECTION V
Closing Provisions and Execution .................................................................................. 21
INTRODUCTION
THIS AGREEMENT made this~day o~~40~2003, by and between HOLLY C.
LUCENTE, (Wife") of 500 Ridgeview Drive, Dillsburg, PA 17.009, and RICHARD V. LUCENTE,
("Husband") of 21 Falcon Court, Mechanicsburg, PA 17055.
WITNE S SE TH:
WHEREAS, the parties hereto are husband and wife, having been married on December 11,
1992 in Everett, Washington, and separated on November 9, 2002.
WHEREAS, There were four (4) Children born of this marriage: Gabrielle B. Lucente, born
April 14, 1995; Dominique P. Lucente, born August 12, 1996; Vincent R. Lucente, bom July 16, 1998; and
Gino R. Lucente, born March 11, 2000, (the "Children").
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the
parties and it is the 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 specification: the settling of
all matters between them relating to the ownership and equitable distribution of real and personal property;
the settling of all matters between them relating to the past, present and future support, alimony and/or
maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims
and possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby
acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby,
covenant and agree as follows:
THIS SPACE INTENTIONALLY LE1;T BLANK
-1-
SECTION I
GENERAL PROVISIONS
1.01.INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part
hereof as if fully set forth in the body of the Agreement.
1.02. AGREEMENT NOT A BAR TO DIVORCE, PROCEEDINGS
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 exist 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 differences which have occurred or may occur subsequent to the date hereof.
1.03.DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual
consent no-fault divorce decree in the above captioned divorce action docketed to No. 02-5647 and filed
on November 22, 2002. Upon the execution of this Agreement, the parties shall execute and file all
documents and papers, including affidavits of consent, necessary to, finalize said divorce.
If either party fails or refuses to finalize said divorce or execute and file the documents necessary
to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and
shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall
be restored to the same legal position each had been immediately prior to the execution of this Agreement,
and either party may then proceed with the litigation of any claims heretofore raised in this divorce action
the same as of this Agreement has never been executed by the parties.
1.04. EFFECT OF DIVORCE DECREE
Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect
after such time as a final Decree in Divorce may be entered with respect to the parties.
1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them.
1.06.NON-MERGER
This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have
independent contractual significance and each party shall maintain their contractual remedies as well as
-2-
court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute.
1.07. DATE OF EXECUTION
The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date
of execution by the party last executing this Agreement.
1.08. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take place on the
"distribution date" which shall be defined as the date of execution of this Agreement unless otherwise
specified herein.
1.09.ADVICE OF COUNSEl,
The provisions of this Agreement and their legal effect haw~ been fully explained to the parties by
their respective counsel, Austin F. Grogan, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife.
The parties acknowledge that they have received independent legal advice from counsel of their selection
and that they fully understand the facts and have been fully informed, as to their legal rights and obligations.
They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that
it is being entered into freely and voluntarily at~er having received such advice and with such knowledge,
and 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.
1.10.FINANCIAL DISCLOSURE
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, and each party acknowledges that there has been
a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which
has been provided to each party.
1.11. DISCLOSURE AND WAIVER OF PROCEDURAl, RIGHTS
Each party understands that he or she has the right: (1) 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 date of
separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory
discovery to assist in the discovery and verification of facts re]levant to their respective rights and
obligations, including the right to question the other party under oath; and (4) to have a court hold hearings
and make decisions on the matters covered by this Agreement, which court decision concerning the parties'
respective 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 party upon the other or by any other person or persons upon
either party.
-3-
rights:
Given said understanding and acknowledgment, both parties', hereby waive the following procedural
Inventory: The right to obtain an inventory of all marital and separate property as defined
by the Pennsylvania Divorce Code.
Income and Expense Statement: The fight to obtain an income and expense statement of
the other party as provided by the Pennsylvania Divorce Code, except in instances where
such an income and expense statement is hereafter required to be filed in any child support
action or any other proceedings pursuant to an order of court.
Discovery: The fight to have any discovery as may be permitted by the Rules of Civil
Procedure, except discovery arising out of a breac]h of this Agreement, out of any child
support action, or out of any other proceedings in which discovery is specifically ordered by
the court.
de
Determination of Marital and Non-Marital Property: The right to have the court
determine which property is marital and which is non-marital, and equitably distribute
between the parties that property which the court determines to be marital.
Other Rights and Remedies: The right to have the court decide any other rights, remedies,
privileges, or obligations covered by this Agreement, including, but not limited to, possible
claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony),
counsel fees, costs and expenses.
1.12.BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be dischargeable in
bankruptcy and expressly agree to reaffirm any and all obligations contained 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 declare this Agreement to be null and void and to terminate this
Agreement in which event the division of the parties' marital assets and all other rights determined by this
Agreement shall be subject to court determination the same as if this Agreement had never been entered
into.
1.13.SOCIAL SECURITY BENEFITS
The parties agree that, subject to the rules and regulations G.f 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 often (10) years or more in duration, if the
parties' marriage is determined to be of ten (10) or more years in duration.
1.14.PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, liwl separate and apart. They shall be free
from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully
as if they were unmarried. They may reside at such place or places as they may select. Each may, for his
or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. 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.
1.15. MUTUAL RELEASES
Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time
to come, and for all purposes whatsoever, of and from the following:
ae
Claims Against Property or Estate: Any and all :right, title, interest and/or claims in or
against the other party, 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 other party,
the estate of such other party or the property of the other party or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other.
be
Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy, or
claims in the nature of dower or curtesy or widow's ,or widower's rights, family exemption
or similar allowance, or under the intestate laws, or the right to take against the spouse's will;
Life Time Conveyances: The right to treat a liifetime conveyance by the other as
testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of(I) the Commonwealth of Pennsylvania, (ii) State,
Commonwealth or Territory of the United States, or (iii) any other country;
Marital Rights: Any rights which either party may have or at any time hereafter have for
past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees,
equitable distribution, costs or expenses, whether arising as a result of the marital relation
or otherwise.
ee
Breach Exception: The foregoing shall not apply to all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof. It is the intention of Husband and Wife to give to each other
by the execution of this Agreement a full, complete and general release with respect to any
and all property of any kind or nature, real, personal or mixed, which the other now owns
or may hereafter acquire, except and only except, all rights and agreements and obligations
of whatsoever nature arising or which may arise un,der this Agreement or for the breach of
any provisions thereof.
1.16.WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by
both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
1.17. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, take any and all steps and execute,
acknowledge and deliver to the other party, any and all further instruments and/or documents that the other
party may reasonably require for the purpose of giving full force and effect to the provisions of this
Agreement.
1.18.AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
1.19. INTEGRATION
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.
1.20. OTHER DOCUMENTATION
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, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation
of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order
to carry out fully and effectively the terms of this Agreement.
1.21. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and pursuant
to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in
the future, nor shall it be construed as a waiver of strict performanc, e of any other obligations herein, nor
shall it be construed as a waiver of any subsequent default of the same or similar nature.
1.22. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the
benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall
-6-
have the following rights and remedies, all of which shall be deemed to be cumulative and not in the
alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of
the other party:
Specific Performance: The right to specific perfo~xnance of the terms of this Agreement,
in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees
and costs incurred as the result of said breach and in bringing the action for specific
performance.
Damages: The right to damages arising out ofbreaclh of the terms of this Agreement, which
damages shall include reimbursement of all reasonable attorney's fees and costs incurred as
the result of the breach and in bringing the damage action.
Co
Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the
Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies
that may hereafter be enacted by virtue of the ame:ndment of said statute or replacement
thereof by any other similar laws.
d. Other Remedies: Any other remedies provided for in law or in equity.
ee
Considerations for Reasonable Attorneys Fees: Any award of"reasonable attorneys fees"
as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2)
the services rendered; and (3) the necessity of the services rendered. Determination of
reasonableness shall not take into consideration the amount or nature of the obligation
sought to be enforced or any possibility of settlemen.t for less than the obligation sought to
be enforced by the non-breaching party.
1.23. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the
Pennsylvania.
Commonwealth of
1.24. SEVERABILITY
If any term, condition, clause or provision of this Agreemenl: shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from
this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect
and operation. Likewise, the failure of either party to meet his or ]her obligations under this Agreement
under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition
precedent, shall in no way void or alter the remaining obligations ol?the parties.
1.25. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted
-7-
solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect
its meaning, construction or effect.
1.26. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shall apply:
Prior Returns: The parties have heretofore filed joint federal and state returns. Both
parties agree that in the event any deficiency in federal, state or local income tax is proposed,
or any assessment of any such tax is made against either of them, each will indemnify and
hold harmless the other from and against any loss or liability for any such tax deficiency or
assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely
by the individual who is finally determined to be the cause of the misrepresentations or
failure to disclose the nature and extent of his or her separate income on the aforesaid joint
returns.
Current Returns: The parties shall file individual tax returns for the current tax year and
for every tax year hereafter.
1.27. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years from the date of their divorce all
financial records relating to the marital estate, and each party will allow the other party access to those
records as may be reasonably necessary from time to time.
1.28. MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above,
or such other address as that party may from time to time designate.
1.29. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband
and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect
and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed
by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and
void.
THIS SPACE INTENTIONALLY LEFT BLANK
-8-
SECTION II
DISTRIBUTION OF PROPERTY
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this Agreement is equitable
and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish
the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth
herein and further waive and relinquish the right to have the court equitably divide and distribute their
marital assets and debts. It is further the intent, understanding and agreement of the parties that this
Agreement is a full, final, complete and equitable property division.
2.02. AFTER-ACQUIRED PROPERTY
Each of the 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, since November 9, 2002,
the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby
waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after
acquired property of the other party pursuant to the terms of this Paragraph.
2.03.WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release, renounce and forever abandon any right,
title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature
whatsoever previously, or in the future, received by the other party'.
2.04. AS IS CONDITION
Except as otherwise specifically herein provided, and with respect to the transfer of any tangible
assets provided for in this marital Agreement, the parties acknowledge that he or she have had the
opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property
and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is"
physical condition, without warranty or representation by or from the other party.
2.05. PERSONAL PROPERTY
With respect to the tangible personal property of the parties including, but without limitation with
specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and
appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the
parties agree as follows:
90
Division: Husband and Wife do hereby acknowledge that they have previously divided the
Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession
of Husband shall be the sole and separate property c, fHusband; and Husband agrees that all
of the Personal Property in the possession of Wife sl~all be the sole and separate property of
Wife.
Waiver: The parties do hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the Personal Property which
shall become the sole and separate property of the other.
2.06. VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both
of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior
to the date of this Agreement, the parties agree as follows:
Wife's Vehicle(s): The jointly owned 1998 Plymouth Grand Voyager shall be the sole and
separate property of Wife.
Husband's Vehicle(s): The jointly owned 1992 Nissan Sentra shall be the sole and separate
property of Husband.
Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also
the sale or trade-in value thereof if it had been sold or traded in prior to the date of this
Agreement.
de
Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate,
for effectuating transfer as herein provided on the date of execution of this Agreement and
said executed titles shall be delivered to the proper party on the distribution date.
Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be
deemed to include "power of attorney" if the title to the Vehicle is unavailable due to
financing arrangements or otherwise.
f.
Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the
Vehicle as his or her property shall take it subject to :said lien and/or encumbrance and shall
be solely responsible therefor and said party further agrees to indemnify, protect and save
the other party harmless from said lien or encumbrance.
Waiver: Each of the parties hereto does specifically waive, release, renounce and forever
abandon whatever right, title and interest they may have in the Vehicles that shall become
the sole and separate property of the other party pursuant to the terms of this Paragraph.
-10-
2.07. REAL ESTATE
The parties are the owners of a certain tract of improved real estate known and numbered as 500
Ridgeview Drive, Dillsburg, PA 17019, ("the Real Estate") and which is encumbered with a mortgage owed
to Citi Mortgage Loan #0702143712-9 and a home equity loan owed to Bank of NY, loan # 047-0000-
6552110, ("the Mortgages"). With respect to the Real Estate and the Mortgages the parties agree as follows:
ae
Conveyance: Husband shall make, execute and deliver all documents in the usual form
conveying, transferring and granting to Wife all of Husband's right, title and interest in and
to the Real Estate, and Husband specifically waives, releases, renounces and forever
abandons all Husband's right, title and interest therein. The deed of conveyance therefor
shall be executed by Husband at the signing of this Agreement and held in escrow by
Husband's attorney's pending the refinance or sale as set forth in subparagraph c. or d.
below, at which time the deed shall be delivered to 'Wife for recording. Therefore until the
Real Estate is sold or the Mortgages refinanced, Husband shall remain on the record deed
and Mortgages.
Liens, Encumbrances and Expenses: The said contveyance shall be subject to all liens and
encumbrances including, but not limited to, the lien of the Mortgages, real estate taxes and
any other municipal liens. The conveyance shall further be under and subject to any
covenants and restrictions of record. Wife shall hereinafter be solely responsible for the
payment of the Mortgage, real estate taxes, other municipal liens and any and all other
expenses associated with the Real Estate, whether incurred in the past, present or future, and
shall indemnify, protect and save Husband harmless therefrom.
Home Equity Loan: Wife will apply the $26,000.00 proceeds she received from the
withdrawals from Husband's IRA account towards the outstanding balance owed on the
Bank of NY home equity loan, if she has not already done so as of the date of this
agreement.
de
Refinance: Wife shall investigate whether or not she will qualify for the refinancing of the
Citi Mortgage. If she qualifies, she will apply for tha~t refinance and shall complete the same
as soon as practical. If she does not qualify, she shall apply for such refinancing within three
(3) years of the date of this Agreement and eve~ three (3) years thereafter until that
refinancing can be obtained and settlement completed thereon. The costs of refinancing
shall be paid by Wife.
ee
Sale: In the event Wife is unable to secure the refinancing and release, then the Real Estate
shall be listed for sale and sold at the best price obtainable. At settlement on said sale the
net proceeds after payment of all normal and reasonable settlement costs and payment of all
existing liens, mortgages and encumbrances, shall be paid to Wife as Wife's sole and
separate property.
-11-
f.
Taxes upon Sale: Further in the event of sale, Wife shall be solely responsible for the
timely and prompt reporting and payment of any and all taxes, including capital gains taxes
or the equivalent, and shall report the same on Wife's applicable income tax returns and shall
indemnify, protect and hold Husband harmless therefrom.
2.08. RETIREMENT AND PENSION PLANS
Each of the parties does specifically waive, release, renounce and forever abandon all of their right,
title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit
Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan
and/or other retirement type plans of the other party, whether acquired through said party's employment or
otherwise, ("the Retirement Plans"). Hereafter the Retirement Plans shall become the sole and separate
property of the party in whose name or through whose employmenl: said plan or account is held or carried.
If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms
'of this Paragraph, that party shall be solely liable for any and all 'taxes and penalties resulting from that
withdrawal.
2.09. BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously divided to their mutual satisfaction all
of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance
cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall
become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the
name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically
waive, release, renounce and forever abandon whatever right, title, :interest or claim, he or she may have in
the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof.
2.10. TAX PROVISIONS
The parties believe and agree that the division of property made to be made pursuant to the terms
of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or
exchange of such property. Each party promises not to take any position with respect to the adjusted basis
of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms
of this Paragraph on his or her applicable federal or state income tax returns.
THIS SPACE INTENTIONALLY LEFT BLANK
- 12-
SECTION III
DISTRIBUTION OF DEBTS
3.01. WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties' marital separation she has not
contracted or incurred any debt or liability for which Husband or his estate might be responsible. Wife
further represents and warrants to Husband that she will not contract or incur any debt or liability after the
execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify
and save Husband harmless from any and all claims or demands made against him by reason of debts or
obligations incurred by her.
3.02. HUSBAND'S DEBTS
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. Husband
further represents and warrants to Wife that he will not contract .or incur any debt or liability after the
execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify
and save Wife harmless from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
3.03. MARITAL DEBT
During the course of the marriage, Husband and Wife have incurred certain bills and obligations and
have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what
purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows:
90
General Provision: Any debt herein described shall be deemed to include the current
balance owed on the debt. Unless otherwise herein s, pecifically provided, there shall be no
adjustment for the payment of any portion of the Marital Debts that a party may have made
prior to the execution of this Marital Agreement, whether or not that debt is specifically
referenced in this Paragraph.
b. Wife's Debts: Wife shall be solely responsible for the following bills and debts:
1. Specific Debts: The Bank of NY credit card account g4135~9065-8000-2051;
e
Wife's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as required and set
forth in Paragraph 2.06 herein.
e
Mortgage: The Mortgage and the cost of the refinance of the Mortgage as required
and set forth in Paragraph 2.07 herein;
-13-
e
w
Real Estate Expenses: Any and all expenses associated with the Real Estate as
required and set forth in Paragraph 2.07 herein.
Taxes upon Sale of Real Estate: Any and all taxes resulting from the sale of the
Real Estate as required and set forth in Paragraph 2.07 herein;
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from
her withdrawal of funds from her Retirement Plans set forth in Paragraph 2.08
herein;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit card
accounts, and the like incurred in Wife's sole name, and not otherwise provided for
herein.
de
f.
Husband's Debts: Husband shall be solely responsible for the following bills and debts:
Specific Debts: The AOL Visa account and the Citi Bank credit card account #5424-
1801-4632-0301;
e
Husband's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as required
and set forth in Paragraph 2.06 herein.
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting from
her withdrawal of funds from her Retirement Plans set forth in Paragraph 2.08
herein;
e
Other Debts: Any and all other debts, liabilities, obligations, loans, credit card
accounts, and the like incurred in Wife's sole name, and not otherwise provided for
herein.
Indemnification: Each party agrees to hold the other harmless from any and all liability
which may arise from the aforesaid bills which pursuant to the terms herein are not the
responsibility of the other party.
Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can
make any further charges thereunder, and if said charges are made in violation of this
Agreement, then the party incurring said charge shall immediately repay the same.
Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole
responsibility of the party who has incurred or may hereafter incur it, and the party incurring
or having incurred said debt shall pay it as it becomes due and payable.
-14-
No Further Joint Debt: From the date of this Agreement, each party shall only use those
credit accounts or incur such further obligations fbr which that party is individually and
solely liable and the parties shall cooperate in closing any remaining accounts which provide
for joint liability.
he
Refinance: In the event a party is assuming a liability for which the parties are jointly
liable, that party shall refinance the same within sixty (60) days of the date of this Agreement
so as to release the other party from any and all liability thereunder unless otherwise
provided for herein.
3.04. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect
and hold the other party harmless from and against all any and all liability thereunder, including, but not
limited to, any attorney's fees and costs incurred by the other party as the result of defending against the
obligation and/or enforcing the provisions of this indemnification.
THIS SPACE INTENTIONALLY LEFT BLANK
-15-
SECTION IV
ALIMONY, SPOUSAl, SUPPORT, CHILD CUSTODY~
CHILD SUPPORT, HEAl,TH INSURANCE~
EDUCATIONAl, EXPENSES AND INCOME TAX
PROVISIONS
4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim each may have, both now and
in the future, against the other for counsel fees, costs and expenses.
4.02. ALIMONY AND SUPPORT
With respect to alimony, the parties agree as follows:
Alimony Amount: Husband shall pay Wife alimony in the amount of $354.00 per month,
which amount shall be prorated for any partial month under the terms hereafter provided.
be
Date of Payment: The alimony payments shall commence as of the date of this Agreement.
on with the execution of this Agreement and after the current month it shall be paid on or
shall continue paid o!l the 1st day of each month for the month in advance.
Termination: the alimony shall terminate upon the earlier occurrence of any of the
following events:
1. Cohabitation: Wife's Cohabitation with an unrelated male;
2. Remarriage: Wife's remarriage;
3. Death: The death of either party;
4. 10 Years: Ten (10) years from the date of this Agreement:
Se
8 Years and Income: Anytime after eight (8) years from the date of this Agreement
that Wife's net monthly income from employment and/or investments exceeds
$1,800.00 per month. For purpose of this Paragraph net income shall be calculated
in accordance with support guidelines.
Tax Reporting: The alimony shall be reported by Wife as income on her applicable income
tax returns and deductible by Husband on his applicable income tax returns. For all
-16-
eo
f.
purposes, including income tax treatment purposes, the payments shall be deemed to be a
periodic payment of alimony between Husband and Wife associated with a dissolution of
their marriage and pursuant to a written marital agreement.
Modification: The alimony provisions set forth in this Paragraph shall be subject to
modification by the court based upon a substantial change in the financial circumstances of
the parties or either of them.
Payment: Husband shall pay the aforesaid alimony obligation directly to Wife unless
Husband fails to make such payments in a timely fashion, in which event the payments shall
be made to and through Domestic Relations Office of Cumberland County, PA pursuant to
a court order to be entered for that payment and Husband's wages shall be attached to
guaranty that payment.
4.03. CUSTODY
With respect to the legal and physical custody, the parties agree that legal and physical custody of
the children shall be governed by a separate Stipulation being executed concurrently herewith.:
4.04. HEALTH INSURANCE
The following shall apply regarding health insurance on the parties and either or both spouses:
a. Health Insurance for Spouse: Any party carrying health insurance on the other party shall
continue to provide health insurance coverage on the other party until the date of' the entry
of the divorce decree. The party for whom that health insurance is provided shall be entitled
to elect Cobra coverage under the other party's employment policy in accordance with
federal rules and regulations provided that he or she shall be solely be responsible for the
payment of the costs therefor.
Health Insurance for Children: Any party currently carrying health insurance on the
Children shall continue to provide health insurance coverage on the Children as long as the
Children remain eligible therefor and that coverage is available to him or her through
employment at a reasonable cost.
4.05.
CJ
Health Insurance Documentation: Any party having the insurance coverage on the other
party or the Children pursuant to the terms of this Paragraph shall be required to provide the
other party with all documentation pertaining to the insurance including, but not limited to,
medical insurance cards, benefit booklets, claim submission forms and all statements
pertaining to the determination of insurance coverage as to each claim made thereunder.
CHILD SUPPORT
Husband agrees to pay Wife child support for the support of the Children under the following terms
-17-
and conditions:
Ce
f.
Amount: The child support shall be $1,546.00 per month.
Payment Terms and Commencement Date: The child support shall be payable in
monthly installments commencing on the first day ,of the month following the date of this
Agreement.
Allocation: The child support shall be allocated equally between the Children.
Termination and Adjustment: The amount of child support allocated to the Children shall
terminate upon the later of a child reaching age 18 or graduating from high school, at which
time the support for the remaining child or children, if any, shall be adjusted in accordance
with state guidelines.
Modification: The child support amount herein provided is based on the current financial
circumstances of the parties and shall be subject to modification based on a substantial
change in those circumstances.
Payment Method: The child support shall be paid directly to Wife, unless Husband fails
to make such payments in a timely fashion, in which event the payments shall be made to
and through Domestic Relations Office ofCumberlan d County, PA pursuant to a court order
to be entered for that payment and Husband's wages shall be attached to guaranty that
payment.
4.06. MEDICAL EXPENSES
The following shall apply to the medical, dental and optical expenses for the Children that are not
covered by insurance:
Sharing of Expenses: Wife shall pay the first $250.00 per year of any expenses incurred for
the medical, dental, optical, orthodontic and prescripti.on expenses (the Medical Expenses")
for each of the Children. The parties shall be equally be responsible for and shall timely pay
the Medical Expenses in excess of the $250.00 per year amount per child (the "Shared
Medical Expenses)., and each party shall pay 50% of the Shared Medical Expenses as they
are incurred.
Insurance Coverage: If the Shared Medical Expenses are covered in whole or in part by
insurance then the amount of payment owed by each party shall be determined after the
insurance payment is made. In the event payment is due before the application of the
insurance coverage, then the 50% payment shall be made by each party when the Shared
Medical Expense is incurred and when the insurance payment is received it shall be divided
-18-
4.07.
4.08.
between the parties in proportion to their respective payment of the Shared Medical Expense.
Documentation: Any party having the insurance coverage on the Children shall be required
to provide the other party with all documentation pertaining to the insurance including, but
not limited to, medical and dental insurance cards, benefit booklets, claim submission forms
and all statements pertaining to the determination of insurance coverage as to each claim
made thereunder.
EDUCATIONAl, EXPENSES
The following shall apply to the educational expenses to be', incurred for the Children:
90
Contributions: The parties intend to equally contribute to the educational expenses of the
Children for undergraduate college and/or post secondary vocational or technical training,
including and limited to the expenses therefor incurred for tuition, room and board, books
and educational fees ("the Educational Costs").
Consultation: Before a party can be expected to contribute to the Educational Costs, the
parties will consult with each other and jointly agree as to the expenses to be incurred and
the educational institution to be selected for the Children.
Ce
No Contractual Liability_: Since it is impossible to determine at the present time the
parties' respective financial condition or the ability of the Children to perform satisfactorily
in said educational endeavors at the time or times the Educational Costs are to be incurred,
the effectuation of the parties' intent pertaining to the foregoing will be determined from
time to time based on the Children's then existing ability to perform satisfactorily in
educational endeavors, the parties' then existing financial condition and the amount of the
Educational Costs as such may exist when the Educational Costs are to be incurred. The
terms of this Paragraph, therefore, are not intended to create a contractual obligation on the
part of either party to contribute to the Educational Costs, but rather is to be interpreted
merely to express their future intent, but not their obligation, regarding the Educational
Costs.
DEPENDENCY EXEMPTIONS
The following shall apply regarding the dependency exempti'.ons for the Children:
2003: In the tax year 2003, Husband shall be entitled to claim the dependency exemptions
for the parties' two oldest children, Gabrielle B. Lucente, and Dominique P. Lucente, on his
applicable income tax returns; and Wife shall be entitled to claim the dependency
exemptions for the parties' two youngest children, Vincent V. Lucente, and Gino R. Lucente,
on her applicable tax returns.
-19-
Bo
Future Years: In future years and on an annual basis on or before January 1 st of each year,
the parties shall determine if Husband shall be entitled to claim any of the aforesaid
dependency exemptions. If they are unable to reach an agreement, then Wife shall be
entitled to claim the dependency exemptions for all four (4) children on her applicable
income tax returns.
Co
Support Considerations: The parties acknowledge that the current child support amount
has been calculated based on the assumption that Husband will be entitled to claim the
dependency exemptions for the two oldest children. The loss of the right to make this claim
shall be considered to be a substantial change in circumstances which may result in the
modification of the child support amount herein provided.
THIS SPACE INTENTIONALLY LEFT BLANK
- 20 -
SECTION V
CLOSING PROVISIONS AND EXECUTION
5.01. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original,
but all of which shall constitute one and the same agreement.
5.02. FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile signatures hereto.
5.03. BINDING EFFECT
BY SIGNING THIS AGREEMENT, EACH PARTY ACI<~4OWLEDGES HAVING READ AND
UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH 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 FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed
sealed and acknowledged this Agreement the day and year below written, which Agreement has been
executed in various counterparts, each of which shall constitute an original.
WITNESS:
RICHARD V. LUCENTE
Date:
HOLLY ~. LUCENTE
Date:
(SEAL)
(SEAL)
-21 -
COMMONWEALTH OF PENNSYLVANIA ·
· SS.
COUNTY OF CUMBERLAND ·
9n..t~hi..s~!h.e._/_e~¥'//day of ,~~ ,2003, before me the undersigned officer, personally
appearea, K~UtiAI, tD ¥. LUCENTE.,~o. wn to me (or satisfactorily proven) to be the person whose name
icSoSnt~:nCjidb, ed to the within Agreement, and acknowledged that he executed the same for the purposes therein
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUB~E'iC}
My Commission E~res:
COMMONWEALTH OF PENNSYLVANIA ·
· SS.
COUNTY OF CUMBERLAND ·
On this the_ Oq'J/day of /'~ ,2003, before rae the undersigned officer, personally
appeared, HOLLY C. LUCENTE, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal·
Notarial Seal ~ /
Deborah g Donley, Notary Public ,
Camp Hill Bom, Cumberland County i
My Commission Expires Sept, 23, 20051
Member, Pennlylvanla A~aoctatiof~ of Notaries
NOTARY PUBLIC
My Commission Expires:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
NO. 02-:5647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Austin F. Grogan, Esquire, attorney for the Defendant in the above captioned action hereby
accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was
filed in the above captioned matter on November 22, 2002. ! certify that I am authorized to accept
service on behalf of the Defendant.
Date: 11/25/02
Austin
Coyne & Coyn~
3901 Market Streek'
Camp Hill, PA 17011-4227
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HOLLY CATHLEEN LUCENTE
Plaintiff
RICHARD VINCENT LUCENTE
Defendant
TO THE PROTHONOTARY:
NO. 02-5;647 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE OF TRANSMIT RECORD
Transmit the record, together with the following information, to the court
for entry of a divorce decree:
GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
DATE OF FILING ~ MA/~NER OF SERVICE OF THE COMPLAINT:
a. Date of filinq of Complaint: 11/22/02
b. Manner of service of Complaint: Acceptance of Service by Defendant,s
Attorney
c. Date of Service of Complaint: 11/25/02
DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT RF. QUIRED BY SECTION 3301 (C)
OF THE DIVORCE CODE:
a. Plaintiff: 5/6/03
b. Defendant: 5/13/03
O__R
DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D)
OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D)
AFFIDAVIT UPON THE DEFENDANT:
a. Date of Execution: N/A
b. Date of Filinq: N/A
c. Date of Service: N/A
RELATED CLAIMS PENDING:
NO issues are pending· Ail issues have been resolved pursuant to the
parties' Marital Agreement dated , which Agreement is to be incorporated
into but not merged with the Divorce Decree.
DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO
TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED
UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE:
a. Date of Service: N/A
b. Manner of Service: N/A
O_~R
DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE
PROTHONOTARY:
a. Plaintiff's Waiver: 5/21/03 ~~~
b. Defendant's Waiver: 5/21/03
Supreme Court ID # 32112
Phone: (71'7) 737-0100
IN THE
STATE Of
HOLLY CATHLEEN LUCENTE,
COURT OF COMMON
Of CUMBERLAND COUNTY
IPENNA.
Plaintiff
VERSUS
RICHARD VINCENT LUCENTE,
Defendant
NO.
PLEAS
02-5647 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
, 2003 , IT IS ORDERED AND
DECREED THAT HOLLY CATHLEEN LUCENTE
, PLAINTIFF,
AND RICHARD VINCENT LUCENTE
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHI~.H A FINAL ORDER HAS NOT
YET BEEN ENTERED;
No issues are outstanding. Ail issues have been resolved and settled by
the Parties' Marriage Settlement Agreement dated May 13, 2003, filed of
record and incorporated into, but not merged with, this Decree.
BY THE COURT:
PROTHONOTARY
TAMMI T. MORRIS,
Plaintiff
VS.
SHAWN C. MORRIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 2001 Civil Term 5647
: ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on September
27, 2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the filing and service of the Complaint.
3. I consent to the en.try of a final decree of divorce after service of notice of intention to request
entry of the decree.
I vedfy that the statements made in this affidavit are true and correct I also understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
Date:
Tammi T. Morris, Plaintiff
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER 6330'1tc~ OF THE DIVORCE CODE
1. I consent to entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court and that
a copy of the decree will be sent to me immediately after it is filed with the Prothonotary.
I vedfy that the staten~ents made in this affidavit are true and cerrect. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification
to authorities.
Tammi T. Morris, Plaintiff
TAMMI T. MORRIS,
Plaintiff
VS.
SHAWN C. MORRIS,
Defendant
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 2001 Civil Term 5647
:
: ACTION IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THEPROTHONOTARY:
Transmit the record, together withthefollowing information to theCourtfor entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code.
2. Date and manner of the service of the Complaint: Delivered by certified mail,
restricted delivery, return receipt requested, delivered on: ~ (_~4-, (4 ~l~x ~KC)(~) }
~ o
3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code:
By Plaintiff: ~, ~ , ~-~
By Defendant: ~-~, C~ , ~
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary:
Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: ~7 ' [ C) '~
Respectfully Submitted:
i.~..;dams, Esquire o. 79465
itt Street
Carlisle, Pa. 17013
(717) 245-8:508
Attorney for Plaintiff
INTHE COURT Of COMiMON PLEAS
OF CUMBERLAND COUNTY
STATE OF .~ PENNA.
Tammi T. Morris, Plaintiff
N O. No. 01 - 5647 Civil Term
VERSUS
Shawn C. Morals, Defendant
DECREE iN
DIVORCE
AND NOW,_~l"*~' t~/
DECREED That Tammi T. Morris
AND Sl~wn C. Morris
IT IS ORDERed AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WhICh HAVE
BEEN RAISED Of RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None.
ATTEST:
PROTHONOTARY