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HomeMy WebLinkAbout97-02182 \ o .g I d E . ~ o a . - g~ ) / i ~ '- ~ J ~ - (Q I / .-' o C DENISE D. MARIANO, PlaintilT IN THE COURT OF COMMON PLEAS OF ~. : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW vs. BENJAMIN D. MARIANO, Defendant : CUSTODYIVISITATION : NO. 97-2182 ORDER OF COURT AND NOW, this \ "D day of "-.n... )("(no' r 1997, upon review and consideralion of the attached Petition for Conlempl, it is hereby directed Ihat the parties and Iheir respeclive counsel appear before Dawn S. Sunday, Esquire, the concilialor, al 39 Wesl Main Slreel, Mechanicsburg, Cumberland County, Pennsylvania, on Ihe d~ day of ~C'Il,'oe( , 199, , al(r~.m., for a Pre-Hearing Cuslody Conference. AI such conference an elTort will be made to resolve Ihe issues in dispule, or If Ihis cannol be accomplished, 10 define and narrow Ihe issues 10 be heard by Ihe Cr'Jrt and 10 enler inlo a temporary Order. Eilher party may bring the child who is the subject of Ihis cuslody aClion 10 Ihe conference, bUllhe child/children's attendance is not mandatory. Failure 10 appear al Ihe conference may provide grounds for enlry of a temporary or permanenl Order. FOR THE COURT: By: i\nll\R 0..~11/Y\('1o.1~ ~. uSlody Concilialor (iD.I ( J YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE. FOURTH FLOOR CARLISLE, PA 17013 (717) 240-6200 /,':-r)'''''[''''I" ,...,. , " '",' I',.: ()," I' ,- :.,. 11'.'1'( .' ,~l 97 ,,'!~'! I q (1'1 'J. I II ..' .. . I L' U C'''' . , I, , Co. d ,." "~h,..". .' .'; j I :i l\J 1'( /;;;1'" ~; _ \'" :: . .-1 ~.I II ,.,' I (.,':~l .! \ I/./f. if? !ir,/ ~/Z ;"'t~ ~ af?l ~d /I/?.f? ~,..,~ tf 4 A.6~ 1/14./)7 b;y /.lfa.M:~?l1 ~-<'f}Y DENISE D. MARIANO, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. BENJAMIN MARIANO, JR., Defendanl NO. 97-2182 IN CUSTODY PETITION FOR CONTEMPT AND NOW comes Denise D. Mariano, by and through her allorneys, and seeks Ihe Defendant 10 be found in conI em pI and in support thereofavers Ihe following: I. Pelitioner is Ihe above-named PlainlitT, Denise D. Mariano (hereinafter referred 10 as "Mol her"), an adull individual residing al 515 Quail Court, Mechanicsburg, Cumberland Counly, Pennsylvania. 2. Respondent is Benjamin Mariano, Jr. Ihe above-named Defendant (hereinafter referred to as "Falher"). an adult individual residing at 10104 Wimbledon Court, Manassas, Prince William Counly, Virginia. 3. The parties are the parenls of Aaron Mariano, born December 12, 1990, and Lauren Mariano, born Seplember 6, 1992 (hereinafter referred 10 as "children"). 4. The children were born in wedlock. 5. The parties have since divorced and an Order of Court was entered on or about June 19, 1997, awarding shared legal cuslody to bolh parties, primary physical cuslody 10 MOlher during Ihe school year and primary physical cuslody to Falher during the summer break. A copy of said Court Order is all ached herelo and incorporated herein as Exhibil UAn, 6. In paragraph number 9. Ihe Court Order slales "During his summer period of primary cuslody, the Falher shall oblain state-approved child care for Ihe children during his work hours with Ihe underslanding Ihat Ihe palernal grandmolher also may provide care for the children at Ihe Father's residence. Any day care arrangements made for the children by Ihe MOlher during her periods of primary cuslody shall be made with slale- approved providers." (emphasis added). 7. Paragraph 10 of Ihe Court Order slales "The Falher shall ensure that his girlfriend, Tina Slanley, provides Ihe necessary medical aUlhorizalions for the MOlher 10 oblain medical informalion pertaining 10 Tina Slanley's ability 10 care for Ihe children." 8. Said paragraph was inserted due 10 Tina Slanley's unexplained seizures in Ihe past. 9. Since Ihe lime the Court Order was enlered, no medical aUlhorizalions for Tina Slanley have been provided 10 Pelitioner. 10. By a leller daled Oclober 7, 1997, Falher specifically refused 10 release an aulhorizalion. A copy of said leller is all ached herelo and incorporated herein by reference as Exhibil "B". II. Said refusal is conlrary to Ihe June 19. 1997 Court Order. 12, MOlher inilially filed Ihe Cuslody Complainl due 10 her concerns about the slability of Father's girlfriend and Falher's Ireatment of Ihe children. A copy of said Complainl for Modificalion of Cuslody is all ached herelo and incorporaled herein as Exhibit "C", 13. The children have informed MOlher Ihal on Ihe days during the summer that Falher had primary custody oflhem, Ihe children were cared for by Tina Slanley ifshe was nol working. . . 14. The dales Tina Slanley provided dliycare for Ihe children are as follows: Monday, July 21,1997 Monday, July 28, 1997 Wednesday, July 30, 1997 Monday, AuguSI II, 1997 I S. Tina Stanley is nol a slale-approved provider and therefore such action was conlrary 10 the June 19, 1997 Court Order. WHEREFORE, Petitioner prays Ihis Honorable Court to schedultl a date and lime for a hearing for Benjamin Mariano, Jr. 10 show cause why he should nol be held in conlempl. Respeclfully submiued, GRIF IE & ASSOCIATES l VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TG> UNSWORN FALSIFICATION TO AUTHORITIES. ~ DATE: Nov 11 Iqq:t ~s.-L 0 , ~L )....a..kJO DENISE D. MARIANO DENISE D. MARIANO, . IN THE COURT OF <n1MOO PLEAS OF . Plaintiff : CUMBERLAND COONTY, PENNSYLVANIA . . va. . NO. 97-2182 CIVIL TERM . . . BENJAMIN MARIANO, JR., . CIVIL ACTIOO - LAW . Dafendant : IN CUS'roDY CJlDI!R or CXXlRI' AND lOf, thia /tjf'J.- day of ~L,.. upon consideration of the attached Custody ~tiCll'l ordered and directed ll8 follows: , 1997, Report, it is 1. In the event that the previous Custody Agreement entered into by the parties on October 14, 1994 was subsequently incorporated into a Decree of Divorce by this Court, the custody provisions of the parties' Agreement are vacated and replaCed with the terms of this Order. 2. ~e Mother, Denise D. Mariano, and the Father, Benjamin Mariano, Jr., Bhall have shared legal custody of Aaron Mariano, born Deceaber 12, 1990, and Lauren Mariano, born September 6, 1992. 3. ~e Mother shall have primary physical custody of the Children during the school year beginning on the weekend before school starts and ending on the weekend after the school year terminates. The Father shall have primary physical custody of the Children during the l!SUIIIller school break beginning on the weekend following termination of the school year and ending CIl'l the weekend before the next school year begins. Notwithstanding the foregoing, the Mother's period of primary physical custody 8ha.ll be extended in 1997 until the parties exchange custody of the Children CIl'l Thursday, July 3, 1997. 4. The noncustodial parent shall have partial physical custody of the Children on every third weekend from Friday p.vening at 6:00 p.m. until Sunday at 6:00 p.m. 5. The parties shall share custody of the Children over the Christmas holiday as follows: The Mother shall have custody of the Children from the beginning of the holiday school break until 12:00 noon on Christmas Day. The Father shall have custody of the Children from 12:00 noon on Christmas Day through the remainder of the Children's Christmas school break. 6. The parties shall share or alternate custody of the Children on the remaining holidays ll8 arranged by mutual agreement. 7. Beginning in 1998, the Mother shall be entitled to have - ~XfIlBI'1' "A" - .. custody of the Children for a period of one week (to include one of the Mother's regular wlHlltends) each sunrner for vacation, upon providing notice to the Father by April 1 of that year. In years when the Mother exercises her right to the one week period of sUlllTollr vacation, the Father shall have custody of the Children over their entire Easter or Spring break fran school in the follOliing year. s. 'ltIe party receiving cu.stody of the Children shall be rellponsible to provide trllllllportation for the exchange of cu.stody. s. During his sunrner period of primary cu.stody, the Father Ilhall obtain state approved childcare for the Children during his work hours with the understanding that the paternal grandmother also may provide care for the Children at the Father's residence. Any daycare arrangements made for the Children by the Mother during her periods of primary cu.stody shall be made with state approved providers. 10. The Father shall ensure that his girlfriend, Tins Stanley, provides the necessary medical authorizations for the Mother to obtain medical information pertaining to Tina Stanley's ability to care for the Children. 11. Each party agrees that the other party is a suitable, fit and proper person to have custody of the Children. Each party agrees that it 111 in the best interest of the Children \:0 allOli the Children to maintain a happy, open and loving relationship with both parties. To this end, the parties agree to share custody of the Children as provided by this Order with the residence and danicile of the Mother deemed to be the residence and domicile of the Children. In the event the Father relocates to the area of the Mother's residence, the parties agree that it is their intention to establish a system of shared physical custody of the Children which would a1101i the Childr'>..n to reside with each party for substantially equal periods of time. 12. Neither party shall unreasonably deny access to the Children by the other party or unreasonably refuse to permit the other party to have the Children attend significant end important events with him or her. 13. The parties shall share end exchange all information with regard to the Children's schooling, health, and childcare and other iuportant and necessary information regarding the life of the Children and their development, including any reports prepared by third parties concerning the Children. Each party shall have full access to any physician who is treating or has examined the Children, or any claycare provider or teacher responsible for the Children or other person important to the life of the Children end their developnent. 14. By sharing legal custody, the parties understand that they shall have joint responsibility for making major decisions affecting the Children, including major medical, educational and religious decisions. Neither party shall render such r.1IIjor decisions, except in the event of an emergency, without prior consultation with the other party. 15. Each party shall, as fully as possible, protect the parental . righta and interesta of the other party with the Children. Neither party ahall criticize, condean or ~ain about the other party to, or in front of, the Children. Each party shall encourage family tie. with the OIildren, including relations with grandparenta, uncles, aunta, couaiM and the like. 'lbe parties agree to cooperate and adjust the cuatody achedule if necessary in "'rder to permit the Children to attend ~rtent family function.s auch aa weddings, funerals, and reunions. 16. 'lbis Order is entered purauant to an agreement of the pertiea at a custody Conciliation Conference. 'lbe partiea may modify the provisions of thia Order by mutusl agreement. In the absence uf mutual agreement, the terms of this Order shall control. BY THE CXXlRT, Ir l1un.~L t. fJri#.A. J. co: Anne M. Shepard, Esquire - COunsel for Mother David Perkina, EIlquire - Counsel for Father In T~~~~ COpy FROM RECORD ' and th r 7he~of, " h&re unto set my hand · sea 0 saId Court at CarlisI. Pa " ~/tl.~ ~,. . .. .~ .......... day Iff.. .... ........., 19.1.z. _.......1A..~.......5 4h' . )()..L pro~~ ( .- , WILLIAM R.IIlARK (I9U-I9IO) J[RRY A. WEIGLE DAVID'. PERKINS MARK, WEIGLE AND PERKINS Attorneys-at-Law A_ItI.. DAVID C. SClIANBACIIER JOSE.II.. RUANE U6 EAST KING STRUT SIIIPPENSBURG, PA 17157-1J97 TEUPIIONE (717) 5Jl.7JaI OR (717) 77~1" FA.'( (717) 5J1-6551 Oclober 7, 1997 Anne M. Shepard, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Re: Mariano Dear Anne: I have received a fonna! reply from my client, Ben Mariano, regarding the requested medica! authorization from his girlfriend, Tina M. Stanley. Both Ben and Ms. Stanley are adament in their feelings that they have already coopemted by providing the correspondence frorn Tina's neurologist, Dr. Goodman. They feel that it is unnecessary 10 provide infonnation concerning specific medication or specific treatment which she may have received in the past. 1 am advised thaI Tina is no longer on any medication. She further advises me that she has undergone complete rnedical screening by several physicians for her employmenl as a surgical assiSlanl subsequenllo the incident in question. The bottom line is that they do not feel il is necessary 10 provide Mrs. Mariano with any further information concerning Tina's medical hislory. The safety and well-being of the children should be the only issue in question. My clienl feels thaI adequale infonnation has been provided in order to insure their safety. Anne,l know of no problems since our custody concilialion before Dawn Sunday. Unless there is some allegation of continuing problems, I think we should consider Ihis issue to be settled. Very truly yours. MARK, WEIGLE AND PERKINS g~ David P. Perkins DPP:amb cc: Mr. Benjamin Mariano, Jr. - EXHIBIT "B" - ~ ;0 I_ ., DENISE D. MARIANO, Plaintiff' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW BENJAMIN MARIANO. JR. Defendant : CUSTODYNlSITATION : NO. C,7-J/1}- e/~"f1i,'/M-- J , I VI. AND NOW, this ~ day of 1997, upon consideration of the attached Complaint, it is hereby dir that the panies and their respective counsel appear before squire, conciliator, at J'1 "It. f71a..L.)jt. ounty, Pennsylvania, on the " day of , 1997, at II: 0 ().:J .m., for a Pre- Hearing Custody Conference. At ch conference an effort will be made to resolve the issues in dispute, or if this cannot be accomplished, 10 define and narrow the issues to be heard by the Court and to enter into a lemporary Order. Either pany may bring the child wbo is the subject of this custody action to the conference, but the childlchildrtn's attendance is nol mandatory. Failure to appear at Ihe conference may provide grounds for entry ofa temporary or permanent Order. FOR THE COURT: By: Cuslody Conciliator S~(t ./ J'n/ ~. YOU SHOULD TAKE nns PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORnI BELOW TO FIND our WHERE YOU CAN GET LEGAL HELP. OFFICE OF TIlE COURT ADMINISTRATOR COURnIOUSE. FOURnI FLOOR CARLISLE. PA 17013 (7 J 7) 240-6200 TRUE COpy FROM RECORD t n T estl~ony wheroof, I hIl(e unto set m'l hand and !he ~ 01 uid C:lUrt at Co:rllsle. Pa. This J.? day 01 ~ 19. '7 '-hI..- 0. 7h....t4-.~ I'rotllonotaly - EXHIBIT "c" - DENISE D. MARIANO, Plaintiff' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVD.. ACTION - LAW VI. BENJAMIN MARIANO, 1R. Defendant : CUSTODYNISITA1J~N._ : NO. 'f7-~/~~ tMM (tt,... PETITION FOR MODIFICA nON OF CUSTODY ]. Your Pelitioner is Ihe above-named Plaintiff: Denise D, Mariano, an adult individual currently residing at 515 Quail Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Your Respondent is the above-named Defendant, Benjamin Mariano, Jr., an adult individual currently residing at 4417 Cornwall Court, Upper Marlboro, Prince Georges County, Maryland. 3. The parties are the natural parents of two children, Aaron, born December 12, 1990 and Lauren, born September 6, 1992. The children were born in wedlock. They currently reside with Petitioner. 4. An Order of Court was entered by agreement on or about October ] 5, 1994. A copy of said Agreement is attached hereto and incorporated herein by reference as Exhibit "'"An, 5. Petitioner is single. She resides with the children, Aaron Mariano and Lauren Mariano. 6. Respondent is single. He resides with Tina Stanley, his girlfiiend. .... 7. The Current Order places principal custody of the children in Petitioner from the first weekend in September each year to the second weekend of the following May. Respondent has principal physical custody at all other times. The panics have joint legal custody. The panies initiate their periods of panial custody by lelephone contact with the other pany. 8. During the Petitioner's period of custody, Respondent has been exercising panial custody about every four to six weeks. 9. During Re~pondent's period of cuslody in Ihe surnmer, Pelitioner exercises panial custody on alternating weekends. 10. Petitioner believes there has been a significant change of circumstances which support modifYing the current Order. Those circumstances are as foUows: a) During the summer of 1996 when Respondent had the children, Petitioner discovered that Respondent traveled on the job for several weeks, taking the children to various hotels. Respondent's girlfriend, Tina Stanley, cared for the children during this time. b) The minor child. Aaron, has been observed medically to determine if and when he should have his tonsils and adenoids removed. Father has infonned Mother that he will have the sUl'gery done on son while son is with Dad over the summer against the child's primary physician's wishes. c) When Aaron and Lauren retUrned to Petitioner in September of 1996, Aaron had . bruise in the fonn of . handprint on his upper right thigh. The matter was investigated by Children & Youth Services. Petitioner was told the reason that the matter (where Respondent lived at that time), that he rarely had his children, and therefore, did , I r t I , was determined to be unfounded was that Respondent told the investigator in Virginia "" not know how to properly discipline them, although Respondent bad, in fact, been primary custodian for both children for the entire summer. d) Although the children behave appropriately when transfer is taking place during the school year, during the summer of 1996 when Petitioner had picked up the children for her weekends during the summer, the children screamed, kicked and vomited saying they did not want to go back to Respondent. e) Son told Petitioner that the police had been to Respondent's residence while son and daughter were present. When Petitioner queried Respondent, Respondent said he and TIIIA Stanley had been arguing and Tma Stanley called the police. f) Petitioner has seen Tma Stanley with two black eyes and a broken arm. On a separate occasion Petitioner has seen Tma Stanley with a bruise on her face. g) When Respondent was questioned about these physical injuries, RespondCllt informed Petitioner that Tma Stanley is an epileptic and takes Zoloft for her seizure control Zoloft is not an anti-seizure medication. h) When Respondent is away for his employment or Navy Reserves, Tina Stanley is the caretaker of the minor children. Petitioner is concerned that Tma Stanley will have seizures while caring for the minor children and may hurt herself or the minor children inadvertently, if seizures are the cause of the multiple injuries Petitioner has seen. I t i) JUvntly the children have been returned unbathed to Petitioner after a three day visit. When queried by Petitioner, Respondent said he saw no need for the children to be bathed anytime durins that visit with him. Wherefore, Petitioner requests that the Honorable Court grant primary physical custody to Petitioner and resttict the periods of partial custody for Respondent to one weekend ~ery four weeks. Respectfully submined, GRIFFIE & ASSOCIATES e M Shepard, uire 200 Nonh Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ., . I verilY that the statenvonl, made in the foregoing documeut are true IIId correct. I understand that fibe statements herein made are subject to the penalties of 18 PA. C.S. Section 4904 n'JI,tlng to unsworn falsification to authorities. DATE: 1./ -'2..I-"I:j. ~/t.~ ~.n;-C&--' . -4:: DENISE D. MARIANO .f' MARITAL SEPARATION AND SEl11.EMENT AGREEMENT ON THE 15th DAY OF OcrOBER, 1994: WITNESS THIS AGREEMENT, by and bctwecll BENjA..\fIN MARIANO, jJl., (hcrclnancr refcmd 10 as the "Husband") and DENISE D. MARIANO (hereinafccr raieme! = as the "'Fde'). '.' 'J; EXPL.......ATORY STATE.'.{fNT lHE parties were married by religious ceremony on the 9th Dar oi June, 1990 at SalisbUl'f. Maryland; 'lHAT born to the pa."ties as a rclI.Ilt oi their marriagl: are two .:hiIdrcn, AARON. born Dea:mbcr 12, 1990 and LAUREN, born September '. 1992; lHAT the lut marital home oi the panies was 1000ted at POC'Ollloke, M2rr\and; lHE parties, since October 1S, 199<4, line lived scpame and ap3r't ill separate placa of abode without anr cohabiution, and expect to continue to do so, without :urr hope of reconcili3tioa; wrIHOUI" waivinl any ground ior ab.ohm: di..orce which either ray now ha'fe or hcreaitcr mar hrte apinst the omer, m~ parties deem it in their best interest and me best interest of meir minor children to enter Imo this aaxeCjOOlt oi voluntaty separaion, to adjust and seale aD quesa:ions peruining = meir .......-an propcrt)' rights, .-hild custody and support, spousal JUpport, maintelllUlCe, coUNd ices, debr, and aD omer mmcn JrOWinJ out oi their marital rel.ationUup, NOW, 1HEREFORE, IN CONSIDERATION of the mutll2.l .:ovenanlS oi each oi the panies and ocher sood and ..alliable .:onsideration, ther do hereby CCl'lenaat and 'IfCC with each ocher and ior their I-uwe heirs, penonal repteSClIwi..es and aaigns, as follows.: RESERVA"ON OF GROtJNDS . Nothing contained in this Acreement sIWI be coDllrDed IS a w;iver by either oi the panies oi mr pund for divon:e which eimer oi mem mar now or he=iter hne apinst the ocher. the same beilll herebr cxprealy reserved. . TEJt.'.tS OF SEPARATION (A) The parties muma1ly and ..oluntariJr Jlfcc, with the intention oi terminaling me marriap. to live separate and apart, in separate pl%es oi abode, without any .:ohabiutiojl, IS ther bzre since October 15. 199<4. BcnjaminMariano,]r. ~ DenIse D. Mariano ~ Wltnal ~ Witness :iPS - EXHIBIT "Ie'!.- --.--- . Benjamin Mariano. Denise D. Muiano Marital Separation Agreement The 15th Day of OCtober, 1994 pagel (B) b:h patty ahaIl be trce irom Interierence, direct or indirecT, by the ocher llluDy II dlou'" unmari;.ed. The parties ahaIl neither molar nor malilll each orb..-, nor shall either Ill:empllO eompeI die other to c:ohabit or dwell with him or her by any mean. whatsoever. Exh Pitt}' may, for his or her ICpIl'Ir.I bcnc6t, enpp In L'I1 employment, business or profession he or she may ChOOM and mq reside In IlIcIs pic. II he or she may choose. b:h part)' sIuIl alone be responsible ior the paymenl of their own penonaJ dcba illClltl'cd since the date of sepamion. MllT'UAL W AJVERS OF AlIMONY '.In c:onsidcntlon of the provisions conwned herein for the rapcain bcnc6a of the pan!csllld other sood and ,..Iuable considcrarlon, c:ad1 part)' releases and w3ives UIlUl the other anT. c:Iaim or rillu 10 tcllIpOraty or pcnnanCl'\I alimony, IlIpport or m3insc:nancc, whether pu, present or future. From dIis dare forward c:ad1 parlJ' sIWl be responsible ior their own c:ostI and needs Includin, bca1th and medial i..-_ support, hOusin& room and board and an other needs. ~ n CUSTODY. VISITATION (Al b:h parlJ' agrees thaI the other patty Is llIiuble, 61 andIor a proper penon II) Ium ~ of die minor du1drcn of the paniu. b:h patty agrees that ilia in the best intcrCSl: of die dIiIdrctlll) .no. the dlildra1to maintain a happy, open lovial relationship with both of lbcir patCIll$. To dIla ClId dN pcUcs .... II) hzye joint and mumal custody oi the minor children with the residence and clomicllc of tbc wife cIeemcd die residonce and domicile oi the o:hildrcn. (B) At. the lime of the cxecuUoa oi this agr=nenl it Is undcntood ancl cq:-r..d by and b.ft..... a. e parties that die wiIe shall relo=e and establish her pctmanCl'\I residence It Braham, Mimlcsotl me! the husband shall continuc 10 reside al POCl)lllolce, Maryland. In th~ best i<1= oi the childrell, in doc reptd oi the dilWlCe between the tWll locations It Is agreed that the Wife WII 11m: priDQllal ~ --dy of the childrczs durinc the schooly= once die children reach lCbool (Icindesprt=). ace- lTDu! she chiidra ~ school ip the wiIe shaI1 han princip:rJ physia/ custOdy of die children &om die lint weel=d of Scpccmbcr each year II) die second weekend oi the iollowing May. The husbmd sbaI1 haTe princ:ipal ph71icd.:...tWy of the children at all other times. In the event die husband Is able II) relix:ue 10 the area of !nhmJ, MiIlllClOlll, the parties shall establish I I)'stcnl of joint shared physia/ =tody. of the children allowins the childrCllIO resiclc with each patty for subsunlially equal pcr:ods of timc. Benjamin Mariano, Jr. ~ Denise D. Mariano ~ W"1llI_ :;;1'5 .- Z~ W"IllICII . Benjamin Mariano . Denise D. Mariano' . Marital Separation Agreement The 15th Day of Oaoher, 1994 page 3 I ~ (1) T1w undllllCh lime IS the panics csublbh a iy1rCIll of joint shared ph1lical CIlROdr the hUsband slWl for an cxtCIlded period of Yislwion of not leu dlan lcll (10) da)'l If Chrimua rime of acb yt:ar. (2) In dle C'ienl a sy11.ClIl of joint shared ph)'lica1 custody 11 cstablilbed in aD yan cac5a. with an odd number dle children shall be with the Husband for dle followin, holi. New Yan 0." Memorial Day, Labor Day, and Christnw. In all years ending with an CYen nwnbcr dle children shall be with the Husband for dlc followin, holidays: Easter, thc Fourth of July. Thanlcsgiving and Chrlsanas Eft. In all yem ClIC~in, with an odd number dlc children slWI be with the WIfc fer dlc followln, holidays: Eam:r, dse Fourtb'~f July. Thanlagma, and Christmas Eve. In aIIycan enclin, wil:b an CYClI numbcz- die ebildraa sIsaII be with the Mother for the ioUowing holidays: New Years Day, Memorial Day. Labor 0.,. alId CbrisImas.. The childrCll slWl be with dlc wifc on her birthday and with the busband on thc busbmcl's binbday. All boliday custo<Ir periods, with dlc exception of Christmas Eve, slWl conuncnc:e thc CYcniDl oa die day prior to the holiday and end at dle aitemoon of dlc day following dlc holiday, cxccpr Chrislmaswbas die Yili=ioa sbaI1 c:omm= at 8:00 p.OL on Chrimnas Eve. (3) AI all odler times neither patty shall unreasonably deny visiwion or _ lD dse c:biIdrcn br the other part)' or unreasonably refuse tel pennit thc odler party ba'f'c the children _d aigniliClllt and important eYenD wil:b binv'her. (04) The panles shall split all transportation needs required tel maintain die cusrody ADd nmmon arraDgmlClIt. (C) E.ach part)' sbaII Ucp thc odler party reasonably and prompdy apprixU of all infonutioa in reprda to chilcIcare, dloolin& thc health of the clu1dren and other important and nW. "1 informazioa in reprda tel the lifc of die children and their dc:Ydopmcnr, and 'prcrride tel the other any reporlI prepared by shin! parties in regards tel thc smle. Each party shall havc fuD ac:::CSltel any physician who 11 tl'CalinJ or has cumined shc children, or &I\Y day care provider or t=:her responsiblc for rbc children, er osher pcnolI important tel the nfc of dlc children and dlcir devdopmenr. Each party shall havc the npltel mcud any puent. i.cacber meeting or other school C'icnt and sballl:cep of she other part)' appl'2iscd of thc dales of tudI C'fena. (0) Thc Husband shall havc thc right to malec day to day dccisionsconcemingthe children when the children an: with hiOL Thc \Viic shall havc the right to malec day to day decisions ",hen dlc children are with her. Benjamin Mariano, Jr. ~ Denise D. Mariano ~ \V'ItnCSl ~ 1'.s WitnCSl ~F.s Benjamin Mariano . Denise D. Mariano Marital Separation Agreement The 15th Day of Oaober, 1994 page 4 : (E) The panics IIaIl ha.e joinr rcspollJibiliry (or the maldn, of d.edJlolll eolK'lnliD. tbc hcalsh of the children and the lon, term wdiMe of the chUdren lndudlnl= the ~hiIdrens' dlooUn" rdlJiOlllll'llnlllf and other marten of 10", IClllI duradon. Neither put}' WlI render IUCb 1 clec:Uion, cxcept ill dse ncnr of an llller'JCllCY without prior consulurlon wiril the oriler. (F) Uch put}' shall as NUy and reasonably peaible prot= rile parcncaJ rislstl and intcrcsrl of the other put}' with the children. Neither put}' shall eriticize, condemn or compbin about the oriler part)' to, or in fronr of, the children. U:h party shall cncounp familr dcs icr tbc children, includin. re!ali0lll wids Jl';indpucnfl, uncles, IlIIIlI, cowlns and rile liIe.. Cwrody lC!lcdu\cs shaIJ be considered Sdle ill order to permir rile children to IltelId imperunr family functions incluclin, weddinp, funerals, mmionllDd rbe like. J t SUPPORT AND MAJN'11:NANCE OF 1liE omnREN eN The HllIband shaIJ pay to rile Wife (or dselUpport and mZnlallna: of the chiIdrea the IllIlI of One-Hundred-Fiftr DoOm and no c:enlll (5150.00) per week. Said p&ymClltl shall_and tcnninar.c IIpOn rile finl to occur of the icUowing CYClIfS: (1) Death of the Husband or boril children; (2) Mani.e of both children; (3) Failure, for what CYer reason, the children 10 remain ill I sharcdCllStoC!r Irr-'ftv-r ba:....... the parlic:s. (04) Both child ru:hing the 11= of cighllCll. (B) The amounr or child IUpport paymcnlll aIWl be mm= br one-chird in tbc CYClIr of: (1) the . death of one child; or, (2) dse rnarriaF of one child; or, dse one of rhc: chilcIrm rcxhin. the IF of cigbllal. (c) The Wlie shall maintain the children on her poGer o( bahh illlllr.lnCe offered br her employer_ In dse CYClIt dse wile doa nor have beahh insurance offend br ber employer dse bllllbclcllhal1 nWntai~ the children on his policy o( hcalds ilWl'IIlCe offered br hie e::1ploycr. The panics shaI1 spUt equally the cost of aD other necessary and r=sonable medical cxpellJCS (or tn:Ianenr agreed to the partics and nor COYered by lnsunnce, including cleduaiblc:s. CD) Durin. rise periods rhc: blllband Iw ph)'1icaJ cusrody or rile chilcIrm be shall not be obliptcd to maIce ehild SUpport pa)'lllClltllD the wif,.. . Benjmnin Martano, Jr. llm:- Deniae D. Mlrilno ~ . ~ ~ WitnCSl Witness .' Benjamin Mariano. Denise D. Mariano Marital Separadon Agreement The 15th Day at OCtober, 1994 pageS FAMILY USE AND Oil-n'R PERSONAL PROPERl"( CN Eac:h party shall be enatled to hold, rccoyCl' and maiD any and all proPCl'l1 owned by me party as an Indlviclual prior to the date 01 m~ The panics IIfIC that aD maricaJ and penonal propeny hu been dlTided between them. Each of the panics tnnsfel1 and alliIN unto the other aD of 'bil or her right, tide and interest In and to the clwtcls ft:$pCctiVeJy allocated to the other. 1000 DEBTS OF TI-IE PARTIES . . CN The WiEe alone shall UIUlIle the sole n:spol\Sl'billsy for payment of the joint or in<itiduaJ credlt accoWlt deblll incurred prior to the date of the execution of this qrecmcnt me panics ior Cbny Owe VIA and I>cncIwp. The Wi(e agrees to hold the Husband harmlcsa fn:m any claim or cauae of aaion 610:1 by as a rc:suJt o( a default o( payment fOf Chevy Chase Visa and Dcncbarp. (B) The Husband alone shalllSRIme the sole n:spol\SlDility tor p8}'lllcrn of the baIanee o( joint credit account debll of me panies. The Husband agrees to hold the Wife b.vmICS1 Cram any claim or ause o( action filed by a creditor dcmandlng of payment of aD or part of the dcba assumed by the bl~ (q The wife sbaII conv.,. to the husband aD of her right, title and lm.c:rat ill the Fairiidd Vacation Tune Share mcmbcnhip, and the husband sbaII the hold the wife bannl.. Cram any claim or CZIIe of action arising from the t'ailure of a husband to malee a payment or paymenll for any debt arising Cram ownership o( the timeshare. (0) Any ather ddlt not listed or mentioned in this agrccmcnr, whether marital or penaaal shaD be deemed · pcDonal debt ai the part)' who incurred the debt. The pany d1as: illCUlTo:I the debt shall baYe sole respaDJibility for payment of the Ame and sbaII the hold ~. other hannlCSI iram any claim Of C&DIC o( action arising from the fajJUl'e oi a part)' to malee a payment or paymCIIlll in &e::ordance with this sub- pangnph. MOTOR VEHJr:T j:~ (A) Husband hereby ~m IlIc! assigns Wlto Wife aD oi his right, title and intercsl in and to the 1989 Mazada owned by the panies, and be shall execute such cL.......m1ll as mzr be nccesmy or proper (or the ~e of a new certificate of tide (or said IUUlmobilc in her name a1~e. Wife shall pay the cost, if any, far the transfer of tide. The Wife furtber c:oven.anlll and agrees to assume and pay, in aa:ordance with IIlI terms, any nail: or debt ICCUl'Cd by a Uen on the vchicle and aD other ~osa associated with the vchide. WIfe Benjamin Mariana, Jr. W Denise D. Mariano ~ W'nnCSl "J r ..s :f12 Wim= '. '. Benjamin Mariano - Denise D. Mariano Marital Separation Agreement The ISth Day of Oaober, 1994 page 6 further c:ovenancs and IF'CCS dw &be sballlndcmnify and hold the Husband hanni_from an'f IIabi1hr ill conneCtion with an'f notl: or ddn orland lien sec:ured by the \'Cbic:le, lnc:ludlnJ an'f utomqo Cca and ocher ncc:caarr apcnICS lnc:urred in the cUofcnsc of an'f c:lalm for paymelt under the said DOtl: and UCIl, (B) The Wife hereby tnnsfcrs and assigns unto the Husband aD of her right, tide and Intcrar iD and 10 die 199-4 Nissan Qucss owned br die parties, and she .haIl cx= _h doc:umcnll as IIla'f be ncceaarr or proper for die issuance of a new certificale of tide for said aUtOmobile in his name alone. Husband shall pq the cost, if any, for die tr1nsler of tide. The Husband further c:OYcnanll and IF'CCS to UIUI1Ie and par, in accordance with ill tcmIf, :urr noll: or debt sec:ured br a IIcn on die nhic:le md all other COla ~ with th'e nhic:le. Husband further coYenanll and IF'ees thai he shall indann.i!'f and hold the Wale bann1c. from an'f lIability in coMcaioD with anr note or debt orland lien ICl:II1'Cd by the Ychic:le, Inc:IDcb. Ct'f allOrtIC)' fees and other neccsasy expenses incurred in the cUofcnsc of anr claim for Pl'flllCDt llllder the said note mid liCll. REAL PROPERTY & MARITAL HOME W The parties agree that the real propcrt)', tided in the aame of the partics, known and located as 106' Front Street, Pocomol:e, Mar'fland it the last marital home of the parties and c:umnd'f resided iD by the HIIIbmcI. Wnhin Iixl}' (60) ~ of the execution of thiJ agreement the parties shall came to bae the propcrt)' listed for sale with a liamcd reallDr at a fair marker p~ The hasband II\a'f reside in the bolDC lllltil such time as the propclt'f it sold and shall pay fOt the regular upl:cc;l and COSlS of opcnliou of the bo_ during his rc:sidcncc. Both parties shall cquallr share the CDIt of cxisling pun:h.uc mODC'f monpscs or DOleS scc:ured by deeds of trusa on the propclt'f and propcrt)' =cs. . The H.'"'-<l shall maintain homcowucn insunnc:c CO\'cM' the home in the c:Yent of total or paniallOSl or c!amaae due lD w=her, fire, c:rlminal _ or other insurable CIlISCS of los. Upon the sale of the marital ho_ me parties shall sbaR cquaII., in the' sellen' COla of the shall &ad dUaibullon of proc:ecds of the sale. .(B) The parties agree that the propcn'f joindr owned by the parties and I:nown :II IOn Waacrman Drire, VtzPnj. !cac:h, Vil'Jinia shall be sold aI . fair mane: price agreeable to the parties as prompd., as r=JOnab!'f poaible. Until_Is time as the propclt'f it sold both parties shall share and pI'! for the regaIar upl:ecp and COllI of opc:mion of the propcrt)'_ Both partics WI! ~Ir share the COlt of cxiszing purchase llIonqo lllOttpfCS or noleS sa:ured by deeds of t:wa on the propcrtT and prOpcn'f =cs. Upoa the sale of the marital bome the partics shall share ~ in the sellen' CClZS of the shall and cimibullon of Foc.d of the .dc. Bcojamin Mariano, Jr. ~ Denise D. Mariano b WilllCS ~ . -~ 'WiClcst ~ I Benjamin Mariano . Denise D. Mariano Marital Separation Agr~ment The 1.Stb Day of October. 1994 page 7 COllNSEl FEES Each pany shall be JOlely rcspon.sible (or the payment o( hiJ or her own alrornq's (ee wid! reprd fQ the ncsodcion, preparation and exccuaon 01 this Alz'ecment and any acdon for an absoluU c&-torce, punuant fQ Seo:tlon ~:I03, Faml'" Uw ArtIcle. AnnOQted Code of MarYland. brousht by either parry splnK the other. The parties shall equally share me COUrt cosa, Costs of mcdimoll orcl.cred by the COUrT, c:osr of coUllJC! for the minor children appointed by the court and masrc:r's fees, if any, ~ conncaion witb any aaiOll for an '_11ItIl cliYorce. TAX CONSEOUENCES For the = y=r 1994 and aD future taX Year1 Clldinlln odd numbe:s the Husband shall be Cllrided fQ dccIarc the children .. dependena for taX pllrposes. AD omer we Year1 the wife shall be Clltidee! to da:Iant the children u a dependents for ax pllrpoleS. In the event IlICh .. plan is 1I0t acceptable lD the Inrema\ RcorCllue Scmce and/or other taX agencies, the busband shall be entidee! fQ dcdare the drildras a a ckpendena for taX plll'pClSeS. MtmJAL RIlTFA<;l:'i (A) Except (or the right, which each o( the parties hereby ......-d'ICly racrYes, to ~ a a IfOWId for diYora: any cause or JI'Ound which either o( tbcm may no1ll or bereafr.er ban aplnst the other, and accpt for the rishts prooided or rc:JcrYee! in this Alz'eement, the pmIes, for themxJyes aDd their l.....-d.e bcin, penonal rep=entati.,es and assigns, do hereby nilllllally rclcue, 1niYe, IUITeIIdcr and_Ill lIlIlD the other, his or ber bc:in,personall~p.........taliYes and assilJU, aD.claims, demands, JCCOIIDts and c:IUICS 01 acdon which either o( them may haYe apinsr the adler, and mer do hc:nby futthcr mlltllally rdc:ac, W3iYe, sumndcr and assign fQ the other, his or her bcin, personal repr"-l<..,wi.es and -sns. aD tbc rlsht, ride, Interc:sl:' and claim which s;id pmIes may now ban or which mer may bereaha- baYe u the busband, witc, wi&:lwer, widow or next o( kin, F~ or omel'Wix, in and to any property, real or pmonal, dw cimer of said parties may own or may bcr=fIer acquire, or ill respec: o( wbic:b either o( s;id parties has or may bereafr.er baYe any risht, tide, claim or Interest, dira:r or indirecT, lncllldinl ant risha of doW'Cl', coaununltr or lIIarital property, latutol)' thirds, balYCs or IcpI shares and widow's or widnW'Cl"s risha, or lD pIl'ticiparc in any .,,~ iD the Clljoymeul or dislriblllioo o( any o( the rcJ or pmonal estate o( which the other may be Benjamin Mariano, Jr. h: Denise D. Mariano ~ --:rE ~ WimCSl Witness " Benjamin Mariano . Denise D. Mariano Marital Separation Agr,-emenc The 15th Day of Oaober, 1994 pageS j : i ~ . I . . ! f' i .~ , ' poacacd at the time oi his or her death, or any righllO rcc:ciy. any IcpJ risfll or Inrer= whmocYu therein, lnduclins the risflllO adminiJUr upon dI. awe o( die one 10 drins. FURTHER ASSURANCES CN The "panies, ior dlcmJC:hoes and dlcir resp..,tiiC heil2, penon.! reprc:senuliYes and usllllSo do muaWlT 'srec 10 join in and excculC any IllSlrllmena and to do my odler ac:: or thins dw m:q be ~ or proper 10 carry into dcc:t any pan o( dtis Aareement, or to rei_any dower or odler riFe ;U Iff'! prop.. Lr wlUc:h either o( said parties ~ now own or her=iser acquire, lndudinS the exeanlon IlId deIiYcrT of so:h deeds IlId l.SIUtanCes IS mq be necessary to C#t'f Out the PUlJlC*S of this Air=mc:at. INCORPORATION . W With the .ppronl o( any eo\Ut o( compctale jlll'isdicUoa in which my cho~ PI'll<Xe&aJ mq DOW be peadinS or which mq hereafD:r be Instilllud, this Aar== W\I be iDeo~ In any dcc:rce of abIoIllIIl choICe wbieh may be pUled by said court. In the efent the c:oun shall fail or dcc:line EO lncarpor:= dtis Aareemene or illY proNIOIII thereof In said dec:ce, then and In ~ event the pania, lot mCllllC/Yesllld mcir .~.e heirs, pmonal reprclcntatiYes and urip, as- tbu they wiIl, lleYenhd.., abide by IlId carry Ollt .1!1 oi the prOYbiOllJ thereof. It is further agreed that, repd!_ of whether aid A,recmeat or my pan mcreci is lncarporarcd in any IIUl:h decnc, tbe ame sbaU not be mcrpd In aid dec:ce, but aid A,recment and aD the tcmIlImereof shall continue EO be bindilllllpOtl tbe parties and their .~.e heirs, pcnonal represc:lltatiYes and asisns. INTEGRATION . . (N This Aar=ent C:OII=lns the mare I1IIdmandilll oi ~.~,., There . ~. DO . . repres.:nuaons, warranties, promises, c:oYCI\IIIa or anclerscandinp ocher than ~ ~~ ~ €ordI~ ADVICE OF COUNSE.. W Ea:h of the parties has been fully Infonned IS EO tbe Iinmc:ial and ocher c:ircwnsraaa:soi the other. Each has had me risfa IIlcI opporllllliry to seci: independent adYia:"6y eoamcI of hiI or her 0WlI selea1oQ.. They exb rc:p:d tbe tcmIlI o( this Auecment IS bit and msooabIe, and each baa riJned It freely and yoll1llt2rlly without re!yins opon any represenwiollt other than those cxpresaly Jet forth herall. . Benjamin Mariano, Jr. ~ Denise D. Mari.no ~ Willl_ ~ . -:J7-S Wimess . . . . Benjamin Mmano . Denise D. Muiano . Marital $epuation Agreement The 1.Sth Day of October, 1994 pqe9 ACKNOWLEDGEMENT OF RtG~ W Each of the panics hereb, aclcnowlcdscs thaI the other has N1J, acqualnlcd die odler In dct:ail witll' hl.'ber means, resourccs and net worth; and die panics further ac:inowlccfse. ~ll.a" d1.r each of them, durilll die coune of aeaoliallons 1cadJnS up to lhi. A,fcemcnr and It die exCClll!on hmo~ baa been .wan of bWher lcp\ righll and liabilities, rcspcaivcl" and each of them has s/sncd thl. AirccmCSIt frecI, IDd volunurn,. NONMODIFlABlI1'\:'( W No modilicarion or waiyer by the panics of any oC die lmllI ot this Afrecment Iha1J be Yalid unIC11ID wrirllll and executed with die ame fonnalil1 II dUa Asreemem. No waiver of Ill'1 breach or dc&uh: bcreunde: Iba1I be dccmcd . nYCl' oC III}' IUbacquClle breach or dc&Uh. (B) None of the proNons of dU. AcreemCllt IhaII be Illbjecr ID modifiC3don by IlI'f COurT, czapc ~ &lid Ylsi=iOD of die minor childrCll and child IUpport provilioDl upon die ab01l'ial oC . ~c dsaap In c:ircwaarances, sood CIIlIl: and In die best lnrerc:sa oC die childrm. MUTUAL WAIVER OF PROPERiYDISPOSrnON RIGHTS W Each PutT docs heRb, waive &II, right ID IlI'f IISC and pcnICISioD orde: aHeaiaa bmiIr DIe pcnoaa/ propcny, the Family Home and aD omer persoM! propcny ID which cilbu pIl'lJ' mq be cmIUed punaam So SealoD 1-201, cr Jeq., of die FamilY lAw Amde of die Annotated ('MOO of M2rvlmd Cram rbc eWe of au. Acrecmasc forwvd. Ea:h P&rl1 further walycs IlI'f righe co an, moacary zward co which cilbu of mClll mar be eatidcd under said sramrc. The parries hereto adcnowledp d1ar this AireallClU COllIli1lIlCI a fuD IDd c:omplcre dilpOlition bcnrccn dlClll with reprd to dlcir marital propcrt7'. W of Marrbnd. CONTRO' , mr. UW This AcrCClllClltsball be Inrcrprcred in accocdanc:cwilh and coDc:ol1cd br lbc Inw of dsc s=: EFFECTM; DATE Tbc effeaiYe dm of lhia A,fccmcne ahall be rlw elm of execulioa oC dUa acreaaeat. .' Bcnjamia M.uiano, Jr. ~ Denise D. Mariano ~ W'rtn_ ..J 1.5 "J7s Will1esl . :' ". Benjamin Mariano - Denise D. Mariano . Marital Separation A,reemenr Tbe 15th Day of Oaober, 199-4 page 10 . IN WITNESS WHEREOF, the panics heretO haYe ICl: their hands and lab to two (2) COllllrcrpasu of au. Airccmenr, each of which shall consdMe an oriJiaaL . ~in Mariano,]r. Denbe D. Mariano ~ .h! W'1UIaI W'1UIaI ';J7'.s :J~ - I . . Benjamin Mariano . Denise D. Muiano · MuitaJ Separation Agreement ' The 15th Day ot Oaober, 1994 page 11 . . STATE OF MARYLAND I I I I WOR~CO~ I I, e.kJ il # / / .. ~ .. nowy pub/Ii: for the &boYe named RUe IIld 'O11lll7', her.&, atreR: that BENJAMIN MARIANO, Jr. appeared before me On / op:o Day 0((:),..."1 t. ~ . U.::b' IIld upoa beln, cluJ,. SWOrn, cIld State the &boY. slJlllture was hi. and that he yoJuncaril,. alJned die aboiC Scpmijoa A&reemcnt as hb O"D (rec act and c1eecL i , J:JlLiu J I. &/<~-{ NotA:y Public _'r4/ err P. .L. 7:7,(,J -r Print M,. commission czpirCII ~~ -c 1_ //::,- STATE OF MAJmAND I I WORCE.S'In. PXlNTY I t 41'''(~-Y .. """"""....':A......-...."""'..... mest 11= DENlSE D. 0 appeared before me on JtjId" Oar of l:.>',e.A..... . 1.9;b'and apoa bc:ins duly IW'OC'll, did RUe the aboYe sisn=re was bea andiiiii'she yoJuutariIy Iiped the abcWil Sepamioa Aareemcm: aa her own (rec act and deed.. . . dai.v-I · ~ .au.. 'I Nowy Public: .Jht/uo1 e. .t.. -r 11>4- Prim M,. COllIIlIisaloa expires: 6l. . C I . 'f S" . . ". ".: ,~~r...' 0;,:;". .! ' I':" ;:)i=~..~..~ l(.. '" . .. 1"':':'""'.. . , . . ~ ~.... ".. . . , . ~_l- u....t-.- r- .....:.0 --..~ ~~6lA6.~ J4 -:-.r-~.... . .j:j....: .. . . :.:1.:~ .DeaIIe D.'1.(IrW..., ..,~~~.....;. ,...;......... '-'" ~~:,,:, 3' . ~::1:;.;'"".; .....J-. '_ .. ~~" .~. ,....r-..'...c.::t... .... ',4" :,..... . '. . .~'.. .......__ -"J" . . ~.~ ;~.~/1;' ..' '~;.::i~ '. -.' ~. ' ..::-~.'~' . r ~ / . : ':' . '.-.:: it", . '''>''':.~ . .' ....t.t:~.._. ..... ..' ,~'...{.;;.~ '.':'., .~....,,:~......... .. ."" ....., :.i . .. ".\.'~"4So:f: .'~' .,~ ....... . . . . ". ~ .h:.. . '. . W"RIICII .. .' .t." . .; .. -.--. ~. " ~':."':;r'. ..;.:.:......... 'F1%naI .., ::~~._ . -.....:.}5.~~~.:; FllfD-OFFoCE or: n'<: ;:, .,") j' ,r' ',j,It1V (nll/IY 12 P;'l :1: :15 CU,",;.':,' ',' , ",'. v II......, '.",'" " ." '. Fi.:N:,SfL\/;..'\I\" . .51.') 4) ~I f'D/1 ~~ t 4 XI#-; Sol;) y/ '7'~(;~ /II?t~/ ~ ~dI- 5./.:7 f) ~~ /~ ~. al{ ~ DENISE D. MARIANO. Plaintill' IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs, BENJAMIN MARIANO. JR. Defendant : CUSTODYIVISITATION L-r- : NO. 97. .:lIP;}, Guc'{ (f'Il.fr/ PETITION FOI~ MOlliFICATION Oil CIJSTODY I, Your Pelitioner is the above-named I'lainlil1: Denisl' D I\lariano. anuduh individual currently residing ut 515 Quail Court. Mechanicsburg, Cumberland County. Pennsylvania. 2. Your Respondent is the above-named Delendanl. Benjamin Mariano. Jr.. an lIduh individual currently residing at 4417 Cornwall Court. Upper Marlboro. Prince Georges Counly. Maryland, 3. The parties arc the natuml purents of two children. Aaron. born December 12. 1990 and Lauren. born September 6. 1992, The children were born in wedlock, They currenlly reside with Petitioner. 4, An Order of Court was entered by agreement on or ahout October IS, 1994. A copy of said Agreement is allached hereto and incorpomtcd herein by reference as Exhihit "/"', 5. Petitioner is single. She resides with the cl>ildren. Aaron Mariano and Luuren Mariano. 6. Respondenl is single. He resides wilh Tina Stanley. his girlfriend, 7. The Current Order places principal cuslody of Ihe childrcn in Pctitioner from thc t1rsl weekend in September each ycar 10 the second weekend of Ihc following May, Respondenl has principal physical custody at all olher timcs, The partics havc joint Icgal cuslody. The parties initiate their periods of partial custody by telephonc contacl with the olher parly, 8. Duringthc Pctitioncr's pcriod of custody. Rcspondcnt has bccn cxcrcising parlial cusl(\dy about cvcry tour to six wccks 9. During Rcspondcnt's pcriod of custody in thc sllmmcr. Pctitioncr excrcises partial custody on altcrnating wcckcnds 10. Pelitioner bclicves thcre has bccn a significant changc of circumslances which supporl modifying Ihc currcnt Ordcr. Those circumstances arc as lollows: a) During Ihc slImmcr of 1996 whcn Rcspondcnt had the childrcn, Pctitioncr discovered that Respondenttrnvcled on the job lilr scveral wccks. taking thc childrcn to variolls hotels Rcspondcnt's girllricnd, Tina Stanlcy. cnrcd lilr thc childrcn during this time, b) Thc minor child. Aamn, has hccn obscrvcd mcdically to dctcrminc if and whcn hc should have his tonsils and mlcnoids rcmovcd Fathcr has inlimncd Mother that hc will Imvc the surgery donc on son while son is with Dad ovcr the sllmmcr against the child's primary physician's wishcs, c) When Aaron and Lauren relurned 10 Petitioner in September of 1996, Aaron had a bruise in Ihe form of a handprinl on his upper righl Ihigh. The mailer was investigaled by Children & Youlh Services. Pelitioncr was lold the reason Ihallhe mailer was detennined to be unfounded was Ihal Respondenl lold Ihe investigalor in Virginia (where Respondent lived al thaI lime), Ihal he rarely had his children, and Iherefore, did nol know how to properly discipline them, although Respondenl had, in facl, been primary cuslodian for bOlh children for Ihe enlire summer. d) Allhough Ihe children behave approprialely when transfer is laking place during the school year, during the summer of 1996 when Pelilioner had picked up Ihe children for her weekends during Ihe summer, Ihe children screamed, kicked and vomiled saying they did nol wanllo go back 10 Respondent. e) Son told Pelilioner Ihallhe police had been 10 Respondenl's residence while son and daughler were present. When Pelilioner queried Respondenl, Respondenl said he and Tina Slanley had been arguing and Tina Slanley called Ihe police. /) Pelilioner has seen Tina Slanley wilh Iwo black eyes and a broken arm. On a separale occasion Pelilioner has seen Tina Slanley wilh a bruise on her face. g) When Respondenl was queslioned aboul Ihese physical injuries. Respondenl infonned Pelitioner Ihal Tina Slanley is an epileplic and lakes Zoloft for her seizure conlrol. Zoloft is nOI an anI i-seizure medicalion. h) When Respondenl is away for his employment or Navy Reserves, Tina Slanley is Ihe carelaker of Ihe minor children. Petilioner is concerned Ihal Tina Slanley will have seizures while caring for Ihe minor children and may hurt herself or Ihe minor children inadverttnlly, if seizures are Ihe cause oflhe multiple injuries Pelilioner has seen. i) Recently Ihe children have been relurned unbathed 10 Pelilioner after a Ihree day visit. When queried by Pelitioner, Respondenl said he saw no need for Ihe children to Wherefore, Pelitioner requesls Ihal Ihe Honorable Court granl primary physical I, f' . ' . , I be balhed anytime during Ihal visit wilh him. custody to Pelitioner and reslrict Ihe periods of partial cuslody for Respondenl to one weekend every four weeks, Respeclfully submiUed, GRIFFIE & ASSOCIATES ,Ai;1.. Sh'P~' E "'CO 200 North Hanover Slreel Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 I f I I I i I 1 ! i I veritY thaI the statemenls made in Ihe foregoing document are true and correct. I understand that false stalemellts herein made are subject to the penalties of 18 P A. C. S. Section 4904 relating to unsworn falsificalion to aUlhorilies. DATE: ll- '2.1-"/1 ~.M:~ D. ~V-C"l..~D--'-4) DENISE D. MARIANO MARITAL SEPARATION AND SEITLEMENT AGREEMENT ON THE 15th DAY OF OcrOBER, 1994: WITNESS THIS AGREEMENT, by and betWeen BENJAMIN MARIANO, .JR.. (hereinafter referred to as the 'HuJband'l and DENISE D. MARIANO (hereinaher referred 10 as the "Wife'). , ' '" EXPlANATORY STATEMENT lHE partitt were married by religious ceremony on the 9th Day or June, 1990 al Salisbury, Maryland; . THAT born to the partiet as a resull or their marriage are two children, AARON, bom December 12, 1990 and LAUREN, born September 6, 1992: THAT the last mariw home oi the parties was located at Pocomoke, Maryland; lHE parti~ since October IS, 1994, have lived separate and aparr In separate plac~ of abode w1thoul any cohabitation, and CXpecl to continue to do so, without any hope of reconciliation: WI1lI01Jl' waiving any ground for absolute divorce which either IlII1 now have or hereaiter may have against the other, the parties deem it In their best interest and the best Interest of their minor children to enter lnlo this agreement of voluntary separation, to adjuSl and Jetde all questions pertaining to their respeclive property rights, child custody and support, spousalluPport, maintenance, coulIICl fea, debr, and all other matlen growln@: OUI or their mariw relationship. NOW, TI-lEREFORE, IN CONSIDERATION of the mutual COVenanlJ or each or the parties and other good and valuable consideration, they do hereby covenant and agree with each other and ior their respective heirs, personal representativ~ and assigns, as follows: RESERVATION OF GROlJNDs . Nothing contained in this Agreemenl shall be conmued as a waiver br either or the parti~ of any ground for divorce which either or them may now or hereaiter have againSl the other, the same being herebr expresly reserved. . TERMS OF SEPARATION (AI The partics mutually and voluntarily agree, with the intention or terminating me marriage, 10 live separate and apan, in separate places of abode, w1thoul any cohabiwio,," as they have since October 15, 1994. Benjamin Mariano, Jr. ~ Denise D. Mariano ~ Wirness -:li ~pS Wirnna - EXHIBIT "A'.'. ---.,--_._--~ Benjamln Mariano. Denise D. Mariano Marital Separation Agreement The 15th Day of October. 1994 page 2 (Bl Each pany ,hall be iree irom Interieren~e:, dirccl or Indircc~ by the other u fully u thoush unman.led. The parties shall nellher molCSl nor malign each other, nor shall either allemplto ~ompcl the other to ~ohablt or dwell with him or her by any means whatsoever. Each pany may, (or hla or her lCparale benen~ engage In any employmen~ business or profession he or she may ~hoolC and may reside In.uch place as he or ,he may ~hoose. Each pany shall alone be mponsible (or the paymenl of their own penonal cleOa Incurred ,In~e the date of separation. MtmJAL WAIVERS OF ALIMONY '.In ~onsideration of the provisions ~onulned herein for the respcaive benefits of the p.rtles and other good and valuable ~onsideration, each pany releases and waives unto the other any ~Iaim or ri,ht to temporary or permanent alimony, support or maintenance, whether paac, praent or Nl\U'e. From thIa da1e (orward each party shall be responsible for their own ~oSlS and needs Including health and medlcallllllll'lllCe, IUpport, housing, room and board and all other needs. c.HTI I) CUSTODY. VISITATION (A) Each pany .grees thai the other pany Is suitable:, fit andlor a proper penon to haYe C1lIlOdy o( the minor ~hildren o( the parties. Lach pany agrees Ihat It Is in the best InlCfest o( the children to alJow the ~hUdren to maintain a happy, open loving relation.ship with both o( their parenll. To thIa end the puUa agree: to have jolnl and mutual CUStody of the minor ~hildren with the residetKe and domiclle o( the wile deemed the residClKe and domicile o( the ~hildren. (B) At the time o( thn c:xecution of this agreement It is understood and c:xpcaed by and bcrween the parties that the wife shall relOClle and establish her permanent residence at Brsham, Mlnnesotlllld the husband shall ~ontinue to reside at Pocomokc:, Maryland. In th~ best inleresc o( the children, In clue reprd o( the distance between the two locations it is agreed that the Wi(e shall haTe principal pI;I)'IIc:aI c:ISldy o( the children during the achoolYeaJ: once the ~hildren reach achool (Idncle:pnen)'.. Unlil the chiidrca re;d. achool ige the wife shall have principal physical custody of the ~hildren from the 611I weekend o( Scptcmbcr each year to the second weekend of the (ollowing May. The husband shall hayc principal physlca\ CllItody of the ~hildren at all other times. In the event the husband i. able to relOcate to the area of Braham, Minnesou, the parties shall establish a If1CCIlI of joinl .hared physic:al custody. of the children allowing the children to reside with each party for substantially equal periods of time. Benjamin Mariano, Jr. ~ Denise D. Mariano ~ Wiblns "411'5 .- ::r .li Wibless . . . . . . .' . .... . I' .'. , . Benjamin Mariano. Denise D. Mariano Mariul Separation Agreement The 15th Day of October, 1994 page 3 (11 ThaI Unlilsuch rime as Ihe parties establish a syssem of jolnr shared physical CUSlody the husband shall for an mended period o( visitation of nOli_ than ten (10) days at Chrimnu time of each year. (21 In rhe cvent a ryrtem of joint shared physical CUSlody Is established In aU years ending with an odd number the children shall be with the Husband for the following holidays: New Years Day, Memorial Day, Labor Day, and Chrimnu. In all years ending with an cven number the children shall be with the Husband for the following holidays: Easler, the Founh of July, ThanbgiYing and ChrilllTlU Eve. In aU years ending with an odd number the children shall be with the Wife for the following holldayJ: Easter, the Founh'tlf July, Thanbgivlng and Christmas Eve. In all years ending with an cven number the children shall be with the Mother for the (ollowing holidays: New Years Day, Memorial Day, Labor Oay, and Chriltmu., The children shall be with the wife on her binhday and wilh the husband on the husband's binhday. All holiday C'UStody periods, with the exception o( Chrimnas Eve, shall commence the evening on the day prior 10 th~ holiday and end at the aliemoon of the day following the holiday, exCepl Christmu when the Yilitation shall commence at 8:00 p.rn. on Chrimnas Eve. (3) At all other times neither party shall unreasonably deny visitation or _.. 10 the children by the other party or unreasonably refuse to permit the other party have me children attend lignllicant and Important cvents wim hlrnther. (41 The panies shall split ail transponation needs required to maintain the CUIlody and visitation arrangemenl. (e) Each party shall keep the other pany reasonably and promptly apprised o( aU information In regards to childcarc, schooling, the health of the children and other Important and nCCCSSlr)' In(ormatIon in regards to the Ufe of the children and their development, and provide 10 the other any rcporu prepared by third partics In regards to the same. Each parry shall have fuO ace... to any physldan who II treating or has cxami,ncd the children, or any day care provider or leacher responsible (or the children, or ocher penon Important 10 the life of the children and their dcvelopmenl. Each party shall have the rl&htlO altaid any parent. teacher meeting or other school cvent and shall keep of the other party appraised of the dates of SlIl:h cvents. (Dl The Husband shall have me right to malee day to day dcdsionsconccrning me children when the children arc with him. The Wife shall have Ihe right to make day 10 day decisions when the children an: with her. Benjamin Mariano, Jr. ~ Denise D. Mariano ~ Wltn.. ...J,"".5 . -"".s Witn.. ~ Benjamin Mariano . Denise D. Mariano Marital Separation Agreement The 15th Day of October, 1994 page 4 : (E) The parties shall have joint responsibility (or the makinlJ o( decision. concerning the health of the children and the long tenn weliare o( the children including: the childrelll' 1Ch001in& religious trainlns and other matlm of long tenn duration. Neither party ,hall render such. decision, except in the event of an emersency withoUl prior consultation with the other. (F) Each pany shall.. fully and reasonably possible prolecl the parental righll and inlCfesra of the other pany with the children. Neither pany shall criticize, condemn or complain about the other parry to, or in frOnl of, the children. Each pany shall encourage family ties ior the children, including re!atiolll with gr~dparenll, uncles, aunts, cousin, and the like. Custody schedules shall be considered Re:xlble in order to pennit the children 10 attend important family func:tiolll Including weddings, funerals, reunions and the like. SUPPORT AND M~ANCE OF TI{E CHIt nlffiN (A) The Husband shall pay to the Wife (or the suppo" and maintenance of the children the IWI\ of One-Hundred-fifsy Dollars and no cenll (S150.001 per week. Said paymentl shall cease and ICmIinIle upon the lint to occur o( the following (Venti: (11 Death of the Husband or both children; (2) Marriage of both children; (3) Failure, ior whal ever reason, the children to remain in a shared CIlItody amnpmeat between the parties. (4) Both child reaching the age of eighteen. (8) The amount oi child suppo" paymentl shall be reduced by one-third In the event of: (1) the . death of one child; or, (21 the marriage of one child; ot, the one of the children reachlns the age of eighleCll. (C) The Wife shall mainuin the children on her policy of health insurance offered by her employer. In the event the wife does not have health insurance offered by her employer she huabllld ahaIl mainui~ the children on his policy of health Insurance offered by his employer. The partiea shaJlsplit equally the Cost of all other necessary and reasonable medic:al experues for ttearment agreed to the partiea and not covered by insurance, including deductibles. (0) During the periods the husband h.. physicaJ custody oi the children he shall not be obligated to make child suppo" pnymentl to the wife. Benjamin Mariano, Jr. . Denise D. Mariano ~ Wimess 4r.s ~r:S Wimess Benjamin Mariano. Denise D. Mariano Marital Separation Agreement The 15th Day of October. 1994 page S FA.\ofILY USE AND OTIfF.R PERSONAl PROPERlY (A) Each party shall be entitled 10 hold, recover and retain any and aU propert)' owned by ch. party u an Incllvidual prior to the date of marriage. The parties agree that 10/1 marital and pmonal propert)' hu been divided betWeen them. Each o( the parties tran.fen and assigna unto m. other all of hi. or h.r right, Iitl. and interest in and to the chattel. respectively allocated 10 me other. JOINT DEBTS OF THE PARTIES . . (A) The Wife alone .hall assume the sole responsibility for payment of the joint or Inclividual credit aa:OUnt deb~ Incurred prior to the date of the execution of thl. agreemel1l the parties for Chevy Chase Vi.. and Dcncharge. The Wife agrees 10 hold the Husband harmless from any claim or cause o( action fllccl by u a result of a clcfault of payment for Chevy Chase Vi.. and Dencharse. (8) The Husband alone shall usume the sole I'eJpOnsibilily for payment of the balance of joint credit aa:ount cleb13 of the parties. The Husband agrees to hold me Wife harmlesa from any claim or cause of action filed by a creditor dcmancling of payment of all or pari of the cleb~ assumed by the husband. (C) The wife .hall convey to the husband all of her right, tide and inlerat in the Fairfield Vacation Tune Share membership, and the husband shall the hold the wife harml.. from any daim or cause of action arising from the failure of a husband to malee a payment or paymen13 for any debt aNini from ownenhlp of the timeshare. (0) Any ather clcbt not listed Ot mentioned In this agreement, whether marital or penonal shall be clccmed a personal clcbl of the pari)' who incurred the clcbt. The pari)' that Incurred the debt shall IIDe sole responsibility for payment of the same and shall the hold thl!. other haml_ from any claim or cause of action arising from the failure of a party to malee a payment Ot paymen~ in aa:ordance with this sub- paragraph. MOTOR VEHICl.F~ (A) Husband hereby ~ansfen and assigns unro Wi(e all of his right, tide and inlerat in and ro the 1989 Mazada owned by the parties, and he shall exCC13te such documcn~ u may be necaary or proper for the illRlance of a new certiflcarc of tide (or said automobile in her name alone. Wife shall pay the COlt, if any, for the transfer of tide. The Wife further covenan~ and agrees ro assume and pay, In aa:ordance with i~ terms, any note or debt SCI:IU'Cd by alien on the yehide and all other ~ostS a3IOCiated with the yehle/I. Wife Bc!njamln Mariano, Jr. ~ Denise D. Mariano ~ \Vitn.. ..J f...! ~ Witness I [, ~ ; ! i I. I Benjamin Mariano. Denise D. Mariano Marital Separation Agreement The 15th Day of Oaober, 1994 page 6 i i I 1 I" I !i further covenanll and asrecs thatlhe thall indemnify and hold the Huaband harmlesa from any HabUhy in conneCtIon with any nore or debt orland lien ICCUred by the vehicle, including any allorney (en and other necesaary c:xpenlCS incurred in the delmIC o( any claim for payment under the uld nore and lien. (B) The Wife hereby traM(ers and asslgna unto the Huaband all of her right, ride and InterCSI in and 10 the 1994 NlIWl Quest owned by the parties, and Ihe Ihall execure luch documenr. u may be necessal)' or proper (or the iauance of a new certificate of tide for said aUlomobile in hil name alone. Huaband thall pay the colt, i( any, (or the trarufer of tide. The Huaband further covenanll and asrecs to ..ume and pay, in aa:ordance with III term., any nore or debtlCCUred by a lien on the vehicle and all other COIlS IIIOdlted with th'e vehicle. Huaband further covenanll and agrecs thaI he Ihall Indemnify and hold the Wife harml.. from any Iiabllil}' In connection with any nore or debt orland lien ICCUred by the vehicle, including any allorney (ees and other neccssasy c:xpcnlCS Incurred in the defense o( any claim (or paymenr under the uld note and lien. REAL PROPERlY &: MARITAL HOME (A) The partics asrce that the real property, tided In the name o( the parties, known and locwd II 106 Front SUCCI, Pocomoke, MMyland la the last mariu! home of the panics and currendy resided in by the Huaband. Within Iixly (601 days o( the execution o( thil IFeemenl the panics "'all CIUIC to have the properl}' listed for u1e with a licensed reallOr ar a (air market price. The huaband may reside In the bome until auch time u the propert)' ilsold and shall pay (or the regular upkeep and COSlS of operation of the bome during hia residence. Both panies shall equally Ihare the COlI of existing purclwc money monpges or nOIa ICICIIled by deeds of llUlII on the property and propert)' taxes. . The Husband "'all maintain homeownen irwrance caverin.she home In the evenl of IOu! or panialloa or damaae due 10 weather, fire, criminalacu or other illlUrable ca\llCS of loa. Upon the u1e of the mariu! home the panics shall share equally in the' sellen' coa of the "'all and dillribution of proceeds of the u1e. .(1) The parties asrce that the property joindy owned by the parties and known lIS 1052 W_nnan Drive, Virginia Reach, Virginia "'all be IOld II a fair market price qreeable to the parries u prompdy II reasonably pasole. Until_h time II the propert)' ilsold both parties shall "'arc and pay for she fCJlllar upkeep and COIlS of operation of the property. Bosh parties thall cq~ly "'arc the COIl of existing pun:1we money IIlOt'lJIia or nota ICICUred by deeds of tnIJlI on she properl)' and propert)' taxes. Upon the u1e of the marital home the partics shall share equally in she sellen' COIlS of the "'all and dillribution of proceeda of the 1IIe. Benjunin Mariano, Jr. ~ Deniae D. Mariano b -:::rt$ . - .J!!:$ WlmCSl WimCSl Benjamin Mariano. Denise D. Mariano Marital Separation Agreement The 15th Day of October, 1994 page 7 I I I I ! \., , I , ! I. , I COUNSEL FEES Each pany ahall be IOlely responsible for the paymenl of his or her own anomey's fee wish regard to she neaodlUlon, preparation and execution o( shia Asreement and any ac:tion (or an abllllubl divOlU, pursuanllo S<<tlon 7~J03, Familv Law Article. Annotated Code of Marvland. broughl by ellher party aplnll the osher. The parties shall equally share me coun COllI, cosu of mediation ordered by she courl, COil of COUDJeI for she minor chilc:lren appoinled by she COU" and mlller'a fees, If any, In connection wim anyac:tion for an'lIbIOlubl divorce. , i " TAX CONSEOUENCES For the tax y_ 1994 and all fulUre taX yean ending In odd numben me HUlband shall be endded to declare me chilc:lren II dependenrs (or taX purposes. All olher laX yean rhe wife ahall be entided 10 declare the chllc:lren u a dependenlS for taX purposes. In me evenl auch II plan Is not aexeptable 10 me Internal llcYenue Service andlor osher taX apldc:s, she husband shall be entided to declare me chJJc:Ircn u a dependenll for tax purposes. MlmJAL REI:EASES (A) Except for the right, which each of the parties hereby mpectiydy re.erves, to wen II a ll'Ound for divon:e any caUIe or ll'Ound which elmer o( mem may now or hereafter haYe ap1nIl me other, and except for she righlS provided or reserYed In this Asreement, me parties, for shemlelYes and meir rapeai.e heln, penonal representatives and uaiJlll, do hereby mutUally RIeaae, waive, aumnder and lllign unto me omer, hla or her hein,personal representatives and uaigna, a1lcJajrna, dcmanck, aexounls and _ of actlon which elrher of them may have apinIt me other, and they do hereby further mutUally reIeaae, waive, aurrender and assign 10 the osher, hla or her heln, personal representatives and IlliJlll, aD the right, litIe, interest and clalm which said parties may now have or which they may hereafter have II me huabancl, wife, widower, widow or next of kin, lIUlXesIO[ or omerwiae, In and to any properl)', real or personal, dul elrher of said parties may own or m;y hereafter acquire, or In respect of which eimer of said parties hll or may hereafter have any right, side, claim or Inta'erl, direcl or Indirect, including anl! righlS of dower, community or marital properl)', ItaMory mlrds, halva or lepI ahara and widow'a or widower'a righlS, or 10 paniciplle In any wq In the enjoymenl or distribution of any of the real or penonal estate of which me osher may be Benjamin Mariano, Jr. 'bL Denise D. Mariano ~ -:r- f S ~ Willlesl Willless Benjamin Mariano. Denise D. Mariano Mariul Separation Agreement The 15th Day of October, 1994 page 8 polSClled at the lime oi his or her death, or any right to teceive any Icpr right or Interest whallOcVer therein, Including the righl to administer upon Ihe emte of the one 10 dying. FURTHER ASSURANCES (A) The 'parties, (or themselycs and their respective heir>, personal representatives and assign., do mutually agree to join in and execute any ln5tl1lments and to do any other aa or thing that may be neceaary or ptoper to cmy into effect any pan of this Asreement, or to release any dower or other right in any property which either oi said parties may now own or herearter acquire, Including the execution and dellvaT of auch decdl and lIIurances II may be necessary 10 cmy OUt the purpolea of shll Agreemelll. INCORPORATION (A) With the approval of any court of competent jurisdicdon in which an)' divorce prflCCedillJ may now be pending or which may hereafter be Instituled, this Asreement shall be Incorporated In any deaee of IbtoIUle divorce which may be pUled by laid court. In the corent the coun ahalJ fail or decline to Incorporase this Asreement or any provllliona thereof In laid decree, then and In that CVClll the pania, for thCllllClves and their I~ti;e heirs, penonal repreaentativCl and IIIigna, aaree that ther wlI~ ncverthdCll, abide b)' and carry out aD oi the provilliona thereof. It iI further agreed 1har, reprdlea of whether said Asreanent or III)' pan thereof illncorporated In an)' luch decree, the ume shalJ not be merged in said decree, bUl laid Asreement and aD the temlJ thereof shall continue to be binding upon the paniea and their ~'live hein, penonal representatives and usigna. INTEGRATION (A) This Asrcement contalna the entire undmtandilll of the. IlIiUa. . . ~ere . are no reptesentations, warranties, promises, covenants or undersrandinp other than tboM exprealy ice Eonlibereill. ADVICE OF COUNSEL (A) b:h of the parties hu been fun)' Informed 1110 the filllllCial and other eircumaallCCl of the other. Each has had the right and opponunit)' 10 aeelc Independenl advice'&, counael of hil or her own aelectlon. They each reprd the tmnI of thil Asrecment II fair and reasonable, and each has signed it freely and voluntarily withOUl relying upon any representationa other than those apres:dy set forth herein. Benjamin Mariano, Jr. ~ DeniJe D. Mariano ~ Will1ea ~ . :n'..S' Wimess Benjamin Mariano . Denise D. Mariano Marila! Separation Agreement The 15th Day of October, 19904 page 9 ACKNOWLEDGEMENT OF RIGHTS (A) Each of the parnes hereby acknowlqes that the olher has fully acquainled the other In detail with. hl~er mean.. resources and nCl worth; and the pardes further acknowledae, respectively, that each of mem, during the counc of negotiations leading up 10 this Ajp-eement and al the execution hereo~ hu been aware of h1~er legal rights and liabilities, respecsively, and each of them Iw signed this Ajp-mnent &eel,. and voluntarily. NONMODIFIABn.m (A) No modification or waiver by the pardes of any of the terms of this Ajp-ecmenl shall be valid unlCSlln writing and executed with the same formalily as this Ajp-mnenL No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or dc:faidL (B) None of me provisions of this Ajp-mnent shall be subjCCl to modilkalion by any court, except custody and visitation of the minor children and child IUppott provisions upon the showing of a sijllli8cant change in ciralmstances, good cause and in the besI interests of the children. MUJ1JAL WAIVER OF PROPERlY DISPOsrnON RIGffTS (A) Eao:h pari)' does hereby waive any righl to any UIe and poIICaJion order af{caI111 family IlII penonal propat)', the Family Home and all other pel'lOnal properl)' 10 which either pari)' may be entlded pursuant to Section 8.20~ es 1CCl, of the Famllv Uw Atticle of the Annocated ('Moo of ~and &om the date of thla Ajp-ecment forward. Each Pitt)' further waives any right to any monCUIT award to which either of them may be entided under said stallllC. The parties hereso ackno..tedge that this Ajp-eement constItuta a full and complete disposition between them with regard to thc:lr marital propat)'. (A) of Maryland. CONTROllING VOW Thia Ajp-mnent shall be inlCl'prClCd in ICCordancewith and conllOlled by the Iaww of the Stale EFFECI1VF. DAn The effecsive date of this Ajp-eement shall be thai date of execution of this agreement. .. Benjamin Mariano, Jr. Denlac D. Mariano ~ ~ Witness ...Jr.5 J75 Witness BenJamin Mariano. Denise D. Mariano Marital Separation Agreement The 15th Day of October, 1994 page 1 J STATE OF MARYL\ND I I I I WOR~RCO~ I I, Wi'l 4.-~ . a norary public (or the above nlllled Rale and eoual)', hereby aneltlhat BENJAMIN MAlUANo, Jr. appeared before me on lop:' Day o(Or:.'I~. ItJ . 19.:!2(and upon beln8 duly IWOrn, dJd ltale the above lignature Was his and thai he volunUrily liped the above Scparadon A8I'ternenl II his own free ~ and deed. LJiLVlu. ~f.JU.~{ Notary Public .J4/ert i! "L. 7:7)tl l' Print JI _ My eommialon expirel: v'.2 -() I-~ STATE OF MARYlAND WORCESTER. !:OUN1Y I I, dINlJ.~ -y . a notary PU~lic the ~ namedarate andcounl)', hereby mat that D~E D. 0 appeared before me on . Day of ~c:.A "J . 19 ~and upon beins duly IWOm, did &tare the above lignarure WII hen an that ahe voluntarily liped the above Sep.mlon A,reanent II her own free act alld deed. da;J.A.U.~ll?l Notary Public JAt/u-, e. .L. Irbu::r Print My commlalonexplres: ()l,C/' 'is' , ...: ...~;: . ';'.. t,'. ~.., ..,.,..~.. 1\'" : ; ,.. .: ":"';"~-' ,; '.'. , .' . , " (. Bcnjamla ~ Jr. .::}. DenIM D.ldariaao 7 ....~... . ". .' ; . l .. ___ ,. .,.!, of ... "~'l.: .:.~...~ -'. ; ~ . ~ ~ ~:~;... . . " . .-. - -.' ",;: .,:/,"' ... ~. . - . ,..... . ; \.', ; : ; 1."~ ~. ., . .'T.J~' '.: .>' y::,:s.;a..: " .' .tr"i"~ ~~~~ ~ Will'- -.... f,.. "..... " ;.,~.-l~-;,. .,,:~:"(.. . ., - " DENISE D. MARIANO, Plainliff, vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW BENJAMIN MARIANO, JR., Defendanl : NO. 97-2182 : IN DIVORCE AFFIDA VIT OF SERVICE AND NOW, this 10th day of June, 1997, comes Anne M. Shepard, Esquire, Allorney for Plainliff, and stales thaI she mailed a certified and lrue copy of a Pelilion for Modificalion of Cuslody 10 Ihe Defendanl, Benjamin Mariano, Jr., al 4417 Cornwall Court, Upper Marlboro, Maryland, by certified mail. reslricled delivery. relum receipt requesled. A copy of said receipl is attached herelo indicaling service was made on May 31,1997. nne M. Shepard, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Slreel Carlisle, PA 17013 (717) 243-555 I Sworn and subscribed 10 before me Ihis /0 tfl day of ,~l' /...L. ,1997. - ;f;,A. 6 -I~"~ .',,( NO ARY P BLlC Nolarlal SaRI Robin J. Go.horn. Nolary Public emUsle Bora. CU01borland County My CommisSion Ellpim5f,pr1l17, 1~90 DENISE D MARIANO. Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA CIVIL ACTION - LAW v. BENJAMIN D. MARIANO, Defendant CUSTODY/VISIT A nON NO. 97-2182 Judge: Honorable George E. Hoffer ~ ORDER OF COURT AND NOW, Ihis VI day of December, 1997, upon consideralion of Ihe wilhin Petilion, Ihe Pelilioner, David P. Perkins. Esquire. is hereby gran led leave of court 10 wilhdraw his appearance on behalf of the Defendant, Benjamin D. Mariano. in Ihe above caplioned case. Counsel shall notify Benjamin D. Mariano of Ihis Order. By Ihe court, J. MARK, WEIGLE AND PERKINS _ ArrORt-oEVS AT LAW ~- 1:l6 EAst KING STREET - SHIPPENSOURG, PA 17257.1.197 DENISE D. MARIANO, Plainliff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. BENJAMIN D. MARIANO, Defendant CUSTODY /VISIT A TlON NO. 97-2182 Judge: Honorable George E. Hoffer PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE AS COUNSEL PURSUANT TO Pa R C P 10121b) Pelilioner, David P. Perkins, Esquire, represenls as follows: 1. Petilioner has previously enlered an appearance as allorney on behalf of Benjamin D. Mariano. Defendant in Ihe above caplioned case. 2, There is a pre-hearing cuslody conference scheduled before Dawn S. Sunday, Cuslody Concilialor, for Tur.sday. December 23, 1997. Defendanl willnol be prejudiced by the withdrawal of Petilioner's counsel of record for Ihe Defendant. 3. Defendant has consenled 10 the wilhdrawal of Petilioner as counsel, a copy of said consenl being allached herelo. incorporated by reference herein, and marked Exhibil "A". 4. Opposing counsel. Anne M. Shepard, has consenled 10 Ihe wilhdrawal of Pelilioner as counsel, a copy of said consenl of opposing counsel being attached herelo, incorporaled by reference herein, and markel Exhibil "B". MAnK, WElmE AND PEHK1N5 ~ ATTOHNEVS AT LAW _ 126 CAST KING STAEET u 5tilPPENSnUHU, PA 112!>"' 1:197 I verify Ihallhe facts sel forth in the foregoing Pelition are lrue and correct. I underslanding Ihat false slalemenls herein are made subjecllo Ihe penalties of 18 Pa. C.S. Seclion 4904 relaling 10 unsworn falsificalion 10 aulhorilies. Dale: '1:)... <:..q;.,.,k) ': r \ \ , \ <; G, 1 Q~G-~ David P. Perkins (( ,\ MARK. WEIGLE AND PERKINS _ ATTORNEVS AT LAW - 120 EAST KING STREET - SttIPPEN5UURG. PA 17l!i7.1l91 DENISE D. MARIANO, Plaintiff IN THE COURT OF ca-1MOO PLEAS OF CUMBERLAND COUN'l'Y, PENNSYLVANIA vs. NO. 97-2182 CIVIL TERM BENJAMIN D. MARIANO, Defendant CIVIL ACTION - LAW IN CUSTOOY!V1.SITATION auJER OP 0XlRT AND tUf, this 5' ""- clay of .ha_ upon consideration of the attached custody ~tion ordered and directed as follows: , 1901. Report, it ~ 1. This Court's prior Order dated June l~, 1997 shall continue in effect with the modifications stated in this order. 2. Paragraph 9 of the June 19, 1997 Order shall be replaced by the following provision: During his suntner period of primary custody, the Father shall enroll the Children in a state approved childcare program during times when the Father is working and unavailable to be with the Children, with the understanding that the paternal grandmother also may provide care for the Children. The Father's girlfriend, Tina Stanley, may l'rovide care for the Children on an occasional basis. Any claycare arrangements made for the Children by the Mother during her periods of prinary custody shall be made with state approved providers. 3. Paragraph 10 of the June 19, 1997 order is deleted. 4. Both parties shall ensure that the Children are secured in individual seat belts at all times during transportation by motor vehicle. BY THE COURT, J. ee: Anne M. Shepard, Esquire - Counsel for Mother Benjamin Mariano, .1r. - Father (!,i11Y1~~fJ S CJa4atcr ". DENISE D. MARIANO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COONTY, PENNSYLVANIA vs. NO. 97-2182 CIVIL TERM Bm:JAMIN D. MARIANO, Defendant CIVIL ACTION - LAW IN CUSTODY/VISITATION PRICR JUDGB: George E. Hoffer aJS'I<DY: <nICILIATIOO SIMIARY REPOOT IN ACXnmANCB WITII CltIBERLAND CXXNl.Y RULE OF CIVIL PlIO."" 'lH 1915.3-8, the undersigned CUstody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME CURRPNrLY IN CllS'lOOY OF DATE OF BIRTH Aaron Mariano Lauren Mariano Mother/Father Mother/Father December 12, 1990 september 6, 1992 2. A Conciliation Conference was held on December 23, 1997, with the following individuals in attendance: the Mother, Denise D. Mariano, with her counsel, Anne M. Shepard, Esquire, and the Father, Benjamin D. Mariano, Jr., who appeared at the Conference without counsel. The Father's girlfriend, Tina Stanley, was also present for a portion of the Conference. 3. A prior Order was entered in this matter on June 19, 1997, reflecting an agreement of the parties at a prior Conciliation Conference. One provision of the Ceder required the Father's girlfriend to provide authorization for the Mother to obtain certain medical information. The Mother filed this Petition for Contempt alleging that no authorization or sufficient medical documentation was provided. The filing of the Contempt Petition apparently resulted from a miscommunication between counsel. The medical information was provided at the Conference and satisfied the Mother's concerns on that issue. The parties were able to reach an agreement on minor adjustments to the Order. 4. The parties agreed to entry of an Order in the form as attached. De~ D?~ /917 Date DENISE D. MARIANO, Plaintiff IN THE CXlURT OF calMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vl!l. NO. 97-2182 CIVIL TERM BENJAMIN MARIANO, JR., Defendant CIVIL ACTION - LAW IN CUSTODY awm a! CDJRT AND tOf, this ,e ~ day of upon conaideration of t~ Custody ordered and directed as follow!l: , 1997, Report, it is 1. In the event that the previous Custody Agreement entered into by the parties on October 14, 1994 was subsequently incorporated into a Decree of Divorce by thia Cou!:'t, the custody provisions of the parties' Agreement are vacated and replaced with the terms of this Order. 2. The Mother, Denise D. Mariano, and the Father, Benjamin Marisno, Jr., shall have shared legal custody of Aaron Mariano, born December 12, 1990, and Lauren Mariano, born September 6, 1992. 3. The Mother shall have primary physical custody of the Children during the school year begiMing on the weekend before school starts and ending on the weekend after the school year terminates. The Father shall have primary physical custody of the Children during the s\JJl1ll8r school break begiMing on the weekend following termination of the school year and ending on the weekend before the next school year begins. Notwithstanding the foregoing, the Mother's period of primary physical custody shall be extended in 1997 until the parties exchange custody of the Children on Thursday, July 3, 1997. 4. The noncustodial parent shall have partial physio:al custody of the Children on every third weekend from Friday evening at 6:00 p.m. until Sunday at 6:00 p.m. 5. The parties shall share custody of the Children over the Christmas holiday as follows: The Mother shall have custody of the Children from the begiMing of the holiday school break until 12:00 noon on Christmas Day. The Father shall have custody of the Children from 12:00 noon on Olristmas Day through the remainder of the Children's Christmas school break. 6. The parties shall share or alternate custody of the Children on the remain.\ng holidays as arranged by mutual agreement. 7. BegiMing in 1998, the Mother shall be entitled to have custody of the Olildl:'en fol:' a period of one week (to include one of the Mother's I:'egulal:' weekends I each summaI:' fol:' vacation, upon pl:'oviding notice to the Fathel:' by April 1 of that yeaI:'. In yeal:'s when the Mothel:' exel:'cises her I:'ight to the one week pel:'iod of summaI:' vacation, the Fathel:' shall have custody of the Childl:'sn ovel:' theil:' entil:'e Eastel:' or Spring break fl:'om school in the following yeaI:'. 8. The pal:'ty I:'eceiving custody of the Children shall be I:'esponsible to pl:'ovide tl:'ansportation fol:' the exchange of custody. 9. During his summaI:' period of prirrar:y custody, the Fathel:' shall obtain state appl:'oved childcal:'e for the Childl:'en during his work hours with the undel:'standing that the patemal gl:'andmothel:' also may pl:'ovide caL"e for the Childl:'en at the Father's I:'esidence. Any daycal:'e arl:'angements rrade fol:' the Olildl:'en by the Mothel:' during hel:' periods of primar:y custody shall be rrade with state appl:'oved pl:'ovidel:'s. 10. The Fathel:' shall ensul:'e that his gil:'lfriend, Tina Stanley, pl:'ovides the necessar:y medical authorizations for the Mother to obtain medical infor:mation pel:'taining to Tina Stanley's ability to cal:'e fol:' the ChUdl:'en. 11. Each pal:'ty agl:'ees that the othel:' pal:'ty is a suitable, fit and pl:'opel:' per80ll to have custody of the Childl:'en. Each pal:'ty agl:'ees that it is in the best interest of the Childl:'en to allow the Childl:'en to maintain a happy, open and loving l:'elationship with both pal:'ties. To this end, the pal:'ties Bgl:'ee to shal:'e custody of the Children as provided by this Ordel:' with the I:'esidence and domicile of the Mothel:' deemed to be the I:'esidence and domicile of the Olildl:'en. In the event the Fathel:' I:'elocates to the al:'ea of the Mothel:"s residence, the pi!.l:'ties agl:'ee that it is theil:' intention to establish a system of shared physical custody of the Childl:'en which would allow the Childl:'en to reside with each pal:'ty for substantially equsl periods of time. 12. Neithel:' pal:'ty shall unl:'easonably deny access to the Childl:'en by the othel:' pal:'ty 01:' unl:'easonably I:'efuse to permit the othel:' party to have the Childl:'en attend significant and impol:'tant events with him 01:' hel:'. 13. The pal:'ties shall shal:'e and exchange all infotmation with regat'd to the Childl:'en's schooling, health, and childcare and other iJTp:lrtant and necessar:y information I:'egal:'ding the life of the Childl:'en and their development, including any I:'eports pl:'epal:'ed by third parties concel:'ning the Childl:'en. Each party shall have full access to any physician who is treating 01:' has examined the Childl:'en, 01:' any daycsl:'e pl:'ovider or teacher responsible fol:' the Childl:'en 01:' othel:' pel:'80n important to the life of the Childl:'en and their development. 14. By shal:'ing legal custody, the parties undel:'stand that they shall have joint I:'esponsibility for rraking majol:' decisions affecting the Childl:'en, including rrajol:' medical, educational and I:'eligious decisions. Neither pal:'ty shall rendeI:' such rrajol:' decisions, except in the event of an emel:'gency, without prior consultation with the othel:' party. 15. Each pal:'ty shall, as fully as possible, protect the parental rights and inte:-ests of the other party with the Childrolln. Neither party shall criticize, condemn or complain about the other party to, or in front of, the O1ildren. Each party shall encourage family ties with the Children, including relations with grandparents, uncles, aunts, cousins and the like. The parties agree to cooperate and adjust the custody schedule if necessary in order to permit the Children to attencl ill{lOrtant family functions such as weddings, funerals, and reunions. 16. This Order is entered pursuant to an agreement of the parties at a custody COnciliation COnference. The parties may modify the provisions of this Order by mutual agreement. In the absence of mutual agreement, the terms of this Order shall control. BY THE CXXJRT, J. cc: Anne M. Shepard, Esquire - Counsel for Mother David Perkins, Esquire - COunsel for Father DENISE D. MARIANO, Plaintiff : IN THE OJURT OF CXlMt'ICN PLEAS 0.. : CUMBERLAND COUNTY, PENNS'lLVANIA vs. NO. ~17-2182 CIVIL TERM BENJAMIN MARIANO, JR., Defendant CIVIL AC:ION - LAW IN CUSTODY a19l.'a)'{ OCN::ILIATIW stPlMARY REPCRl' IN AaXIUlANCE WITH CDIBPRLAND <XX.Nl.Y RllLE CF CIYXL ~na'l.RB 1915.3-8, ths undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NMB DATE 0l1' BIR'l'II aIUU!Bl'Ly IN ammY CF Aaron Mariano Lauren Mariano December 12, 1990 September 6, 1992 Plaintiff/Mother plaintiff/Mother 2. A Conciliation Conference was held on June 11, 1997, with the following individuals in attendance: The Mother, Denise D. Mariano, with her counsel, Anne M. Shepard, Esquire, and the Father, Benjamin Mariano, Jr., with his counsel, David Perkins, Esquire. 3. The parties agreed to entry of an Order in the form as attached. ,J(.l'ttD_ Date It/). /'/'{ 7 , cCL,,,-/Il, r'in,~ Dawn S. Sunday, Esqu re v Custody Conciliator