HomeMy WebLinkAbout03-1520
KATHLEEN ANN ACRI,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. OJ ... J&'~ CIVILTERM
CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
KENNETH DAVID ACRI
DEFENDANT
NOTICE TO DEFEND AND CLAIM RIGHTS
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. Ajudgment
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 the 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013-3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S
FEES OR EXPENSES BEFORE A 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. 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle P A 17013
(717) 249-3166
1-800-990-9108
~.
r, t
KATHLEEN ANN ACRI,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 03 - I S'~ CIVIL TERM
KENNETH DA VID ACRI
DEFENDANT
CIVIL ACTION . LAW
: ACTION FOR DIVORCE I CUSTODY
COMPLAINT FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, KATHLEEN ANN ACRI, by and through her counsel,
Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.c., and makes the
following consolidated complaint in divorce for divorce and custody.
1. Plaintiff is KATHLEEN ANN ACRI, an adult individual, who resides at 21
Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17013. The Plaintiff has resided in
Cumberland County for over one (1) year.
2. Defendant is KENNETH DA VID ACRI, an adult individual, who currently
resides at 21 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on September 17, 1983.
5. There have been no prior actions of divorce or for annulment between the parties
except this Complaint filed for divorce.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of counseling and of the right to
request that the court require the parties to participate in counseling. Plaintiff has chosen not to
engage in, or to request any counseling.
8. Neither Plaintiff nor Defendant was a member of the United States Military.
9. Plaintiff and Defendant have two (2) children from their marriage, BENJAMIN
DAVID ACRI, born June 11, 1988, and DANIEL PHILIP ACRI, born October 5, 1990.
COUNT I - REQUEST FOR NO-FAULT DIVORCE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference
thereto.
11. After ninety (90) days have elapsed from the date of filing of this Complaint,
Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may
also file such an affidavit.
WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90)
days have elapsed from the date of filing of this Complaint, Plaintiff, KATHLEEN ANN ACRI,
respectfully requests the court to enter a Decree of Divorce pursuant to section 3301( c) of the
Divorce Code.
COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF
MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference
thereto.
13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital
property between the parties without regard to marital misconduct in such proportion as the Court
deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, KATHLEEN ANN ACRI, respectfully requests the Court to
enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the
Divorce Code.
COUNT III - REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY
UNDER SECTION 3701(a) and 3702 OF THE DIVORCE CODDE
14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference
thereto.
15. Plaintiff is unable to sustain herself during the course of litigation.
16. Plaintiff lacks sufficient property to provide for her reasonable needs and is
unable to sustain herself through appropriate employment.
17. Plaintiff requests the Court to enter an award of spousal support until final hearing
and thereupon to enter an order of alimony in her favor pursuant to Section 3701(a) and 3702 of
the Divorce Code.
WHEREFORE, Plaintiff, KATHLEEN ANN ACRI, respectfully requests the Court to
enter an award of spousal support until final hearing and thereupon to enter an order of alimony
in her favor pursuant to Section 3701(a) and 3702 of the Divorce Code.
COUNT IV. REQUEST FOR CONFIRMATION OF CUSTODY
UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE
18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference
thereto.
19. The parties are the parents of the following minor children who reside with the
Plaintiff and Defendant:
NAME
AGE
SEX
DATE OF BIRTH
BENJAMIN DAVID ACRI
14 years
Male
June 11, 1988
DANIEL PHILIP ACRI
12 years
Male
October 5, 1990
20. During the past five (5) years the children have resided with the parties and at the
addresses herein indicated:
WITH WHOM
ADDRESS
FROM / TO
Plaintiff and Defendant
21 Teaberry Drive
Carlisle, P A
1993 to Present
21. Plaintiff has not participated in any other litigation concerning the children in this
or any other state.
22. There are no other proceedings pending involving custody of the children in this
or any other state.
23. Plaintiff knows of no person not a party to these proceedings who has physical
custody of the children or who claims to have custody, partial custody or visitation rights with
respect to the children.
24. The best interests of the children will be served if both Plaintiff and Defendant
have Shared Legal Custody and Physical Custody of their children.
WHEREFORE, Plaintiff, KATHLEEN ANN ACRI, respectfully requests that,
pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order
confirming Shared Legal Custody and Physical Custody with Plaintiff, KATHLEEN ANN
ACRI, and Defendant, KENNETH DAVID ACRI, of the parties' two (2) minor children,
BENJAMIN DAVID ACRI and DANIEL PHILIP ACRI.
Respectfully submitted,
LAW FIRM OF SUSAN KAY CANDIELLO, P.c.
Dated: March 4, 2003
VERIFICATION
The undersigned hereby verifies that the facts averred in the foregoing document are true
and correct to the best of her knowledge, information, and belief. This verification is made
subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities.
DATED: :3 / I 0 I D 3
~~A.~'
KATHLEEN ANN ACRI
iD~ ~ iQ.
~\. 0 --
~~~
0
. . .
t ~ ~ & 0 ~
~ () 0'0
D I I \
tv
,., r ~~
f-
JJ=~
t.::.
......
t; ~
() c.
~; c...,)
-~ ';.'to
~1 ,
~E; ..~.1
Z I
(.0 r'-J
iH, :,
-.-t -:-;J ~,.
-~ <=> ~
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
KATHLEEN ANN ACRI
v.
03-1520 CIVIL ACTION LAW
KENNETH DAVID ACRI
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Tuesday, April 08, 2003
, upon consideration of thej attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sund~, Esq. , the conciliator,
at 39 West Main Street, Mecbanicsburg, PA 17055 on Wednesday, May 07, 2~03 at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appe~r at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection ijrom Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to schedul,d hearinlt.
FOR THE COURT,
By: /s/
Dawn S. Sunday, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to cbmply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business beftre the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1IHE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
~...... "">,,, ~ ~ ~ ~ 0:2;9. ~
.~~~~ &.$11
~ t:'$~~~ {)/..$'j,
" ,'1Nt;;n.\8MHr!
tILI'JI,. r-, ""'''''' _ ~
. \. "i'. i ""." 1,t.r'r:rtll!"1,,",
~- . .;' , -:--,.-J'~:]VVf Iv
U'"'C' -7 '~,
...J .{.... J.' (1
? 'I "f f'
(.J - O(.I~' (,f)
de)
KATHLEEN ANN ACRI,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI
DEFENDANT
CIVIL ACTION - LAW
: ACTION FOR DIVORCE / CUSTODY
AFFIDA VIT OF SERVICE CERTIFIED MAIL
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Be it known, that on the ILD ~day of ~ ,2003, before me, the
subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly
sworn according to law, did depose and state as follows:
1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania.
2. I represent Kathleen Ann Acri, Plaintiff in the above-captioned matter.
3. On April 11, 2003, a true and correct copy of the Complaint for No-Fault Divorce
Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal
Service in Mechanicsburg, Pennsylvania, being CertifiedlFirst Class Mail, restricted delivery,
return receipt requested, Article No. 7001 2510 0003 4439 9178, and addressed to the Defendant,
Kenneth David Acri, at 21 Teaberry Drive, Carlisle, P A 17013.
4. The return receipt card signed by the Defendant, Kenneth D. Acri, showing a date
of service of April 12, 2003, is attached hereto as Exhibit "A".
5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and
Pa.R.C.P.403.
SWORN TO AND SUBSCRIBED before me, a Notary Public, this 10 ~ day of
OfJ
, 2003.
~~~~ R,~
Notary Public ~
My Commission Expires:~ l..{) ~OO S
Notarial Seal
Kim~erly R. Hanford, Notary Public
MechaniCsburg Boro. Cumberland County
My Commission Expires Apr. 4, 2005
~\;.
EXHIBIT "A"
(")
F
~c:~~~::
..:--
- e
en
-<: J
,^ ,
<~ \.~.
2'::
...:~-
,-'
.-".
c
~^
.~
CJ
J-::~
c.ll
+-
JUN 1 7 2003 ~
KATHLEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CNIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER
AND NOW, this 12TH day of June. 2003
, the conciliator, being advised by counsel
that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction.
FOR THE COURT,
/~~~
Dawn S. Sunday, Esquire
Custody Conciliator
o
c
s:
ulT
nlj-j
~~T
(13 '
r~i
....--:::
~:
;<,
CJ 0
C,) ".;"J
L
~'7:;
_,
r'J
r.-
("
.'
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v^
CIVIL ACTION - U~W
KENNETH DAVID ACRI,
Defendant
IN DIVORCE/CUSTODY
NO. 03-1520
PETITION REQUESTING CUSTODY CONCILIATION CONFERENCE
1 ^ Plaintiff is Kathleen Ann Acri, residing at 266 S. Hanover Street, Carlisle,
Cumberland County, Pennsylvania.
2. Defendant is Kenneth David Acri, residin~1 at 21 Teaberry Drive, Carlisle,
Cumberland County, Pennsylvania.
3^ Plaintiff seeks primary physical custody of Benjamin Acri (age 15, born
June 11, 1988) and Daniel Acri (age 13, born October 5, 1990), who currently reside with
Defendant, at 21 Teaberry Drive, Carlisle, Pennsylvania.
4. Plaintiff filed a custody count to the divorce complaint filed on or about
April 2, 2003 and a custody conciliation conference was scheduled before Dawn S. Sunday for
May 7, 2003.
5. The said conference was cancelled because the parties believed they had
reached an agreement.
6. No agreement was reached or formalized with the Court.
7. Plaintiff now seeks primary physical custody of the children and requests
the scheduling of a custody conciliation conference before Ms. Sunday.
8. The best interest and permanent welfare of the children will be served by
granting the relief requested because:
(a) Plaintiff can provide for the emotional and physical needs of the
children;
(b) Plaintiff feels that it is important for the children to have a good
relationship with both parents; and
(c) Plaintiff will encourage the children to continue to have a good
relationship with the Defendant.
WHEREFORE, Plaintiff requests the court to schedule a custody conciliation
before Dawn S. Sunday and to award primary physical custody of the children to her.
.~~
andra L. Meilton, Esquire
TUCKER ARENSBERG, P.C.
111 North Front Stre,et
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
65923.1
VERIFICATION
I, the undersigned, Kathleen A. Acri, acknowledge that the facts stated in
the foregoing document are true and correct to the best of my knowledge, information and
belief.
I understand that any false statements herElin are made subject to the
penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities.
'~Jl4u'
Kathleen A. Acri
Dated:
l/! /01/
I .
AJt~
~ W 0.
........ ~ 0
~~~
.:{l -ft
........\-
(")
~~~
"->
c_~>
=
~
:t:>"l"
-(:;
::u
,
!,~)
~~;;
~:~
-<
G
"q
.;.-
.-1
-r~,
fi'lp-c
-nfi"l
~-()C::
C?t:)
:::;-.1 -"
"""--('
~~~~ ;~;~;
~;:~
-0
-,.~
'>.>
.<.-
o
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LJr",w
KATHLEEN ANN ACRI,
Plaintiff
KENNETH DAVID ACRI,
Defendant
IN DIVORCE/CUSTODY
NO. 03-1520
PRAECIPE
PROTHONOTARY:
Please withdraw the appearance of Susan Kay Cancliello, Esquire, as counsel for the
Plaintiff in the above matter.
Dated: o/W
Please enter the appearance of Sandra L. Meilton, Esquire, as counsel for the Plaintiff in
the above matter.
Dated: #3/tI'/
andra L. Meilt(~~
TUCKER AREI\ISBERG, P.C.
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
67627.1
T" -11' )
.......
::j
",
C)
C
~
r:
f':-i'
a
"->
~~
=
--
o
-n
i~k' F='
-r;n--,
:jjo
C.Jr'
--I':)
I~S ;r~
~
-"i.J
;:0
.r.-
-c.
-,::
~dri-i
..i.)
KATHLEEN ANN ACRI
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
03-1520 CIVIL ACTION LAW
KENNETH DAVID ACRI
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, April 21, 2004
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective cOlmsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsbnrg, PA 17055 on Tuesday, May 25, 2004 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existin:g Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: Isl
Dawn S. Sunda,)', F.sq.
Custody Conciliator
mhc
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. Y Oll must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR l1~LEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
'/'''':!>-~~ ~ ~
- & -z: ~~u,
~ r? /P7-P>V~..P1l
\J'I'I',
''';. .
...., ~, 1\,\
ti::o:(., ,,'
.fO,7
\ Z t: \uu<J
-'Il. .In
,--"IJ _J... -,"
-.,~(~.\: ~:;:~c,~~r';':~\
hr;. )('-11
/t~-Je-l;
,A Cl-JC"'-I;
SEP 3 0 200U
KATHLEEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CNIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this l.( ~ day of 0 ~ , 2004,
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
upon
I. The Mother, Kathleen Ann Acri, and the Father, Kenneth David Acri, shall have shared legal
custody of Benjamin Acri, born June 11, 1988, and Daniel Acri, born October 5, 1990. Each parent
shall have an equal right, to be exercised jointly with the other parent, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms ofthis paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
2. Pending the custody conciliation conference scheduled in this Order and further agreement
of the parties or Order of Court, the parties shall have physical custody of the Children in accordance
with the following schedule:
A. The Mother shall have custody ofthe Children on alternating weekends from Friday at
5:00 p.m. through Monday morning, when the Mother shall either drop off the Children to ride
the school bus from the Father's residence or take the Children directly to school. The Mother
shall notify the Father in advance of whether the Child or Children will be riding the bus or will
be transported by the Mother directly to school. The Mother's first weekend period of custody
shall begin on Friday, October 8, 2004.
B. During weeks following the Mother's weekend periods of custody, the Mother shall have
custody ofthe Children on Tuesday and Thursday from 5:00 p.m. until 9:00 p.m. The Mother's
first periods of custody on Tuesday and Thursday shall take place on September 28, 2004 and
September 30, 2004.
C. During weeks following the Father's weekend periods of custody, the Mother shall have
custody of the Children on Monday and Wednesday from 5:00 p.m. until 9:00 p.m. The
Mother's periods of custody on Monday and Wednesday shall begin on October 4,2004 and
October 6, 2004.
D. The Father shall have custody of the Children at all times not otherwise specified for the
Mother in this Order.
E. When the Father has a nighttime hockey game on the Mother's weekday evening period of
custody, the Mother shall retain custody of the Children through the following morning when
the Mother shall either transport the Child or Children to school or to the Father's residence to
take the bus.
3. In 2004, the Mother shall have custody of the Children for Columbus Day. As the holiday
falls immediately following the Mother's weekend period of custody, the Mother shall retain custody
of the Children following the weekend through Columbus Day at 5:00 p.m.
4. On Thanksgiving Day in 2004, the Father shall have custody ofthe Children until 2:00 p.m.
and the Mother shall have custody from 2:00 p.m. until 9:00 p.m.
5. The Father shall promptly provide a copy of his hockey schedule to the Mother and shall
notify the Mother as soon as possible of any changes to the schedule.
6. The parties shall attend a custody conciliation conference in the office of the conciliator,
Dawn S. Sunday, Esquire, on Tuesday, December 7, 2004 at 1 :00 p.m. The purpose of the conference
shall be to discuss the Children's adjustment to the schedule and further evaluate expansion of the
schedule to a more shared arrangement.
7. 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 consent. In the absence of
mutual consent, the terms ofthis Order shall control.
J.
cc: ",sandra L. Meiiton, Esquire - Counsel for Mother
~onstance P. Brunt, Esquire - Counsel for Father
VL~
04
10- QY ~
-
\1\N'v'tll,~SNtBd
tlNnn~ ~,,"."" '-'~'''nl"\
f\J.. ILk! \\.1; ;,)J::t;V~ I..,)
90 : \ I \O\'j 11- 130 ~GGl
'\'d\i101JO\i10'dd 3\-\1 :10
3Q\~~Q-{l3ll:j
KATHLEEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CNIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
I. The pertinent information concerning the Children who are the subjects of this litigation is
as follows:
NAME
DATE OF BIRTH
Benjamin Acri
Daniel Acri
June 11, 1988
October 5, 1990
2. A conciliation conference was held on September 22, 2004, with the following individuals in
attendance: The Mother, Kathleen Ann Acri, with her counsel, Sandra L. Meilton, Esquire, and the
Father, Kenneth David Acri, with his counsel, Constance P. Brunt, Esquire.
3. The parties agreed to entry of an Order in the form as attached.
YjJ?t-~ cJ-?, JOcJ<(
Date
Daw~~~
Custody Conciliator
r,:=--r'
UC.v
1 -:'
, '
2804 Y Ij
KATHLEEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CIVIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ~~.;. day of ~ , 2004, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated October 4, 2004 is va.cated and replaced with this Order.
2. The Mother, Kathleen Ann Acri, and the Father, Kenneth David Acri, shall have shared legal
custody of Benjamin Acri, born June 11, 1988, and Daniel Acri, born October 5, 1990. Each parent
shall have an equal right, to be exercised jointly with the other panmt, to make all major non-
emergency decisions affecting the Children's general well-being including, but not limited to, all
decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each
parent shall be entitled to all records and information pertaining to the Children including, but not
limited to, school and medical records and information.
3. The parties shall have physical custody of the Children in accordance with the following
schedule:
A. During the school year, the Mother shall have custody ofthe Children on alternating
weekends from Friday at 5:00 p.m. through Monday morning, when the Mother shall
either drop off the Children to ride the school bus fi~om the Father's residence or take
the Children directly to school. The Mother shall notify the Father in advance of
whether the Child or Children will be riding the bus or will be transported by the
Mother directly to school. During weeks following the Mother's weekend periods of
custody, the Mother shall have custody of the Children on Tuesday and Thursday from
5:00 p.m. until 9:00 p.m. and during weeks following the Father's weekend periods of
custody, the Mother shall have custody on Monday and Wednesday from 5:00 p.m.
until 9:00 p.m.
B. When the Father has a hockey game beginning at 9:00 p.m. or later on a weekday on
which the Mother does not have a regularly scheduled period of custody, the Mother
shall have custody of the Children from 5 :00 p.m. through the following morning before
school, in exchange for one ofthe Mother's regular weekday evening periods of
custody during the same week. If the Father's hockey game (beginning at 9:00 p.m. or
later) falls on the Mother's regular weekday period of custody, the Mother shall retain
custody of the Children through the following morning before school. In the event that
the Father does not have a hockey game beginning at 9:00 or later during a week, one of
the Mother's regular weekday evening periods of custody shall be extended overnight
into the following morning before school to ensure that the Mother has at least one
weekday overnight period of custody each week. The Father shall promptly provide a
copy of his hockey schedule to the Mother and shall notify the Mother as soon as
possible of any changes to the schedule.
C. During the school year, the Father shall have custody of the Children at all times not
otherwise specified for the Mother in the preceding paragraphs of this provision.
D. During the summer school break, the parties shall share having custody of the Children
on an alternating weekly basis with the exchange to take place every week on Friday at
5:00 p.m. The summer custody schedule shall begin with the Mother having custody of
the Children on the first Friday following the end of the school year. The summer
custody schedule shall terminate, unless otherwise agreed between the parties or
ordered by the Court, one full week prior to the beginning of the new school year.
4. The parties shall share having custody of the Children on holidays as follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from December 23rd at 6:00 p.m. through Christmas Day at 2:00 p.m. and from
December 27th at 6:00 p.m. through December 30th at 6:00 p.m., and Segment B, which
shall run from Christmas Day at 2:00 p.m. through December 2ih at 6:00 p.m., and
from December 30th at 6:00 p.m. through January 1st at 6:00 p.m. In even numbered
years, the Father shall have custody ofthe Children during Segment A and the Mother
shall have custody during Segment B. In odd numbered years, the Mother shall have
custody of the Children during Segment A and the Father shall have custody during
Segment B.
B. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall
run from the Wednesday before Thanksgiving at 6:00 p.m. through Thanksgiving Day
at 6:00 p.m., and Segment B, which shall run from Thanksgiving Day at 6:00 p.m.
through the Friday after Thanksgiving at 6:00 p.m. In even numbered years, the Mother
shall have custody during Segment A and the Fathe:r shall have custody during Segment
B. In odd numbered years, the Father shall have custody during Segment A and the
Mother shall have custody during Segment B. In the event either or both of the
Children do not go hunting with the Father on the Monday following Thanksgiving, the
Mother shall have custody of that Child or Children.
C. Easter: The Easter holiday shall be divided into Segment A, which shall run from the
Saturday before Easter at 3:00 p.m. through Easter Sunday at 3:00 p.m., and Segment B,
which shall run from Easter Sunday at 3 :00 p.m. through the following Monday at 3 :00
p.m., ifthere is no school, or through the morning before school in the event school is in
session. In even numbered years, the Father shall have custody of the Children during
Segment A and the Mother shall have custody during Segment B. In odd numbered
years, the Mother shall have custody ofthe Children during Segment A and the Father
shall have custody during Segment B.
D. Mother's Day/Father's Day: In every year, the Mother shall have custody ofthe
Children on Mother's Day weekend and the Father shall have custody of the Children
on Father's Day weekend from Saturday at 6:00 p.m. through Sunday at 6:00 p.m.
E. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
5. The Father shall be responsible to pick up the Children from the Mother's residence at the
conclusion of the Mother's weekday evening periods of custody with the exception of evenings when
Benjamin has hockey practice at 7:00 p.m., in which case the Father shall pick up Benjamin after
practice and the Mother shall transport Daniel to the Father's residc;:fice at the end of her period of
custody. Unless otherwise arranged between the parties, the Mothe:r shall provide transportation for all
other exchanges of custody.
6. The parties acknowledge that it is their desire to maintain flexibility in the custody schedule
as needed to accommodate the Children's needs and agree to cooperate in making adjustments to the
schedule by mutual agreement when reasonable.
7. This Order is entered pursuant to an agreement of the parities at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
Edward E. Guido J.
cc: "'andra L. Meilton, Esquire - Counsel for Mother
."constance P. Brunt, Esquire - Counsel for Father
"
}'" \.,~"~'
".
J :J
",,'
: '
" ,,_i
l ~'-!
'(? ~i~~\ ~~f~ ~
KATHLEEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CIVIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
Prior Judge: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects ofthis litigation is as
follows:
NAME
Benj amin Acri
Daniel Acri
DATE OF BIRTH
June 11, 1988
October 5, 1990
2. A conciliation conference was held on December 7, 2004, with the following individuals in
attendance: The Mother, Kathleen Ann Acri, with her counsel, Sandra L. Meilton, Esquire, and the
Father, Kenneth David Acri, with his counsel, Constance P. Brunt, Esquire.
3. The parties agreed to entry of an Order in the form as attaGhed.
iJt ~/1
Date
I 3. clOD c;
,
-4/~4 ~-~ -
Dawn S. Sunday, Esquire d
Custody Conciliator
KATHLEEN ANN ACRI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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 the divorce is indignities or irretrievable breakdown 01 the marriage, you may request
marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Office
01 the Prothonotary, Cumberland County Court House, One Courthouse Square, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR
EXPENSES BEFORE A 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. 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.
Cumberland County Bar Association
32 Bedford Street, Carlisle, P A 17013
Telephone No. (717) 249-3166 or (800) 990-9108
/~~~J
-Sandra L. Meilton
Attorney for Plaintiff
TUCKER ARENSBERG, P.C.
P.O. Box 889
Harrisburg, PA 17108
(717) 2344121
-
KATHLEEN ANN ACRI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
AMENDED COMPLAINT IN DIVORCE UNDER
SECTION 3301 Ie) OR 3301 Cd) OF THE DIVORCE CODE
AND NOW comes the Plaintiff, Kathleen A. Acri, and files the within Amended
Complaint alleging as follows:
COUNT I: DIVORCE
1. Plaintiff is Kathleen A. Acri, an adult individual who is sui juris and who
resides at 266 S. Hanover Street. Apt. 2, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Kenneth D. Acri, an adult individual who is sui juris and
resides at 21 Teaberry Drive, Carlisle. Cumberland County, Pennsylvania. The present
whereabouts of the Defendant, Kenneth D. Acri, to the knowledge of the Plaintiff, is the
same.
3. Both Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the
filing of this Amended Complaint.
4. The Plaintiff and Defendant were married on September17, 1983 in
Mechanicsburg, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. The Defendant is not a member of the Armed Services of the United States
or any of its Allies.
8. The Plaintiff avers that the grounds on which the action is based are:
(a) that the marriage is irretrievably broken; or, in the alternative,
(b) that the parties hereto have lived separate and apart for a period of
at least two years and that the marriage is irretrievably broken.
COUNT II: CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND
EXPENSES UNDER THE DIVORCE CODE
9. Plaintiff doe& not have sufficient funds to support herself and pay counsel
fees and expenses incidental to this action.
10. Defendant is full well and able to pay Plaintiff Alimony Pendente Ute,
counsel fees and expenses incidental to this divorce action.
WHEREFORE, Plaintiff requests the Court to grant the relief requested
including:
A. Dissolving the marriage between Plaintiff and Defendant;
B. Equitably distributing all property owned by the parties hereto;
..
C. Directing the Defendant to pay Alimony Pendente Lite and Plaintiff's
counsel fees and the costs of this proceeding; and
D. For such further relief as the Court may determine equitable and just.
Sandra L. Meilton
TUCKER ARENSBERG, P.C.
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorney for Plaintiff
.
VERIFICATION
I verify that the . statements made in this Amended Complaint 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.
~,c.--jJ~'
Kathleen A. Acri, Plaintiff
.
.
CERTIFICATE OF SERVICE
AND NOW, this j~
day of June, 2005, I, Shaun M. Kovach,
secretary to Sandra L. Meilton, Esquire, for the firm, Tucker Arensberg, P .C., hereby
certify that I have, this day, served the within document, by depositing a copy of the
same in the United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Maria P. Cognelti, Esquire
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
~ 1IJ1!/UtiA
Shaun M. Kovach
78499.1
-
\.) ~
~
~ '\. \)
.2::. \)
\" - C
~ vJ -J
..:::t.
-:c r
~
o
<;::,
-~,.:\
dj~.'
~/
~,
~
'%
<e.
~
\
CO
tz~ .
-'
'..........."
y:t-'
6-;~~2
.... \..-
6
~(
-0
~
r:?
v>
v)
Q,
:::?..,-,
r11of:
-d (f',
::;lq
c),O
^;,r..:~\
.C)--
;:,./,0
"'(5(1"'
--,
Z
.~
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of
Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31.
/
..~~;(~
Sandra L. Meilton
Attorney for Plaintiff
INCOME AND EXPENSE STATEMENT OF
KATHLEEN ANN ACRI
Employer: Commonwealth of PA, Dept. of Conservation & Natural Resources
Address: 400 Market Steret, Harrisburg, PA
Type of Work: Office management
Pay Period (weekly, biweekly, etc.): biweekly
Gross Pay per Pay Period:
Itemized Payroll Deductions:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Medicare Tax
Unemployment Tax
Net Pay per Pay Period:
Other Income:
Interest/Dividends
Pension/Annuity
Social Security
Rents/Royalties
Expense Account
Gifts
Unemployment Compo
Workmen's Compo
Total
TOTAL INCOME
INCOME
$
1,370.25
$ 118.46
84.96
21. 92
42.07
85.64
19.87
1.23
$
996.10
Week
(Fill in:
$
Month
Appropriate
$
Year
Column)
$ 5.00
$ 5.00
$
$
$
2,158.64/month
$996.10 x 26 ~ $25,898.60 + $5 ~ $25,903.60 7 12 ~ $2,158.64 per
month.
E:XPE:NSE:S
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage/rent $ $ 550.00 $ 6600.00
Maintenance
Utili ties
E:lectric 40.00 480.00
Gas 14.00 168.00
Oil
Telephone 84.00 1008.00
Water
Sewer
E:mployment
Public $ $ $
Lunch 50.00 600.00
Taxes
Real E:state $ $ $
Personal .84 10.00
Income
Insurance
Homeowners
Automobile 41.67 500.00
EXPENSES
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage/rent $ $ 550.00 $ 6600.00
Maintenance
Utilities
Electric 40.00 480.00
Gas 14.00 168.00
Oil
Telephone 84.00 1008.00
Water
Sewer
Employment
Public $ $ $
Lunch 50.00 600.00
Taxes
Real Estate $ $ $
Personal .84 10.00
Income
Insurance
Homeowners
Automobile 41.67 500.00
Weekly Monthly Yearly
(Fill in Appropriate Column)
Life $ $ 8.34 $ 100.00
Accident
Health *
Other
Automobile
Payments $ $ $
Fuel 150.00 1800.00
Repairs 200.00 2400.00
Medical
Doctor $ $ 41. 67 $ 500.00
Dentist
Orthodontist
Hospital
Medicine 8.34 100.00
Special needs (.glasses,
braces, orthopedic
devices) 12.50 150.00
Education
Private school $ $ $
Parochial school
College
Religious
* Currently provided free of charge by employer.
Plaintiff will be assessed a charge.
As of 7/1/05,
Weekly Monthly Yearly
(Fill in Appropriate Column)
Personal
Clothing $ $ 125.00 $ 1500.00
Food 300.00 3600.00
Barber/hairdresser 25.00 300.00
Credit payments
Credit card 1250.00 15,000.00
Charge account 50.00 600.00
Memberships 65.50 786.00
Loans
Credit Union $ $ $
Miscellaneous
Household help
$
$
Child care
Papers/books/ma,gazines
8.34
Entertainment
250.00
45.00
Pay TV
Vacation
125.00
Gifts
125.00
$
100.00
3000.00
900.00
1500.00
1500.00
Weekly Monthly Yearly
(Fill in Appropriate Column)
Legal fees
$
$
200.00 $ 2400.00
Charitable contributions
25.00
300.00
Other child support
Alimony payments
Other
TOTAL EXPENSES
$
$ 3795.20 $45,902.00
PROPERTY OWNED
Ownership*
Description
Value
H
W
J
See Inventory and
Checking accounts Appraisement
See Inventory and
Savings accounts Appraisement
See Inventory and
Credit Union Appraisement
~ee Inventory and
Stocks/bonds Appraisement
See Inventory and
Real estate Appraisement
See Inventory and
Other Appraisement
TOTAL $
*H=Husband; W=Wife; 'J=Joint
INSURANCE
Policy Coverage*
Company No. H W C
Hospital
Blue Cross KHP Central HC 140650 x x x
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental 'Delta Dental 168563759 x x x
Other KHP Central NC 140650 x x x
H=Husband; W=Wife; C=Child
I understand that the statements made herein are subject to
the penalties of 18 Pa.C.S. 54904 related to unsworn falsification
to authorities.
~/1 iJ?/U'
Kath een Ann Acri
I verify that I have reviewed this form with my client and to
the best of my knowledge the answers herein are true and correct.
~~~~.
Attorney for Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this (O~ day of ~ ,2005, I,
Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the
firm, Tucker Arensberg, P.C., hereby certify that I have, this
day, served the within document, by depositing a copy of the same
in the United States Mail, first class, postage prepaid, at
Harrisburg, Pennsylvania, addressed to:
Maria P. Cognetti, Esquire
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
~ II; 11,--
Gloria M. Rine
74404.1
~.~ ,...., ~
,--""
c'
c.n ..-l
~-
, (,~- if,~
c::
-~....
~- -0'"
I :n'Y
c:J:J CJ.C)
, C:1:~ :ri
~,~: " -0 <:5~
':~>-~< :J,: k^
r')
~p~~:': r::? ~=-i
"'"
~ W <;:)
N -<
-
t"
.-
?
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
~UM~E~LAND COUNTY, PENNSyLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
IN DIVORCE
INVENTORY AND AP~RAISEMENT
OF
KATHLEEN ANN ACRI
I, Kathleen Ann Acri, file the following inventory and
appraisement of all property owned ~r possessed by either party
at the time this action was commenced and all property
transferred within the preceding three years.
I verify that the statements made in this inventory and
appraisement are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
s4904 relating to unsworn falsification to authorities.
~~~~~ d-~'
KatH een Ann Acri, Plaintiff
, ,
ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages. If an item has
been appraised, a copy of the appraisal report is attached.
(x)
(x)
( )
(x)
(x)
(x)
(x)
1.
Real property
2.
Motor vehicles
3.
Stocks, bonds, securities and options
Certificates of deposit
4.
5.
Checking accounts, cash
6.
Savings accounts, money market and savings certificates
7. Contents of safe deposit boxes
8. Trusts
9.
Life +Dsurance policies (indicate face value, cash surrender
value and current beneficiaries)
10. Annuities
11. Gifts
12. Inheritances
13. Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Businesses (list all owners, including percentage of
ownership, and officer/director positions held by a party
with company)
( )
16.
( )
17.
18.
(x)
(x)
19.
Employment termination benefits - severance pay, workman's
compensation Claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. Military/V.A. benefits
23. Education benefits
(x)
25.
24. Debts due, including loans, mortgages held
(x)
26.
-
Household furnishings 'and personalty (include as a total
category and attach itemized list if distribution of such
assets is in dispute)
Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both
spouses have a legal or equitable interest individually or with
any other person as of the date this action was commenced:
Item
Number
1
1
2
2
4
5
5
5
5
5
5
6
9
9
18
18
19
19
19
25
26
Description of Property
21 Teaberry Drive
Carlisle, PA 17013
Cabin/Mountain property
1997 Grand Am
1996 Chevrolet Astrovan
Appreciation in value on
Certificates of Deposit
PSECU Checking Account
PSECU Savings Account
PSECU Christmas Account
PSECU Summer Pay Savings Account
PSECU Checking Account
PSECU Savings Account
American Express Financial Account
Life Insurance Policy
(John Hancock - cash surrender value)
Life Insurance Policy
(John Hancock - cash surrender value)
SERS
Defined Benefit Plan with Highmark
IRA (Acct. No. 0000102846)
Roth IRA
Highmark Investment Plan
Household Goods
Ned Smith Prints
Names of
all Owners
Joint
Husband
Joint
Joint
Husband
Wife
Wife
Wife
Wife
Husband
Husband
Husband
Husband
Wife
Wife
Husband
Husband
Husband
Husband
Joint
Joint
NON-MARITAL PROPERTY
Plaintiff lists all marital property in which a spouse has a
legal or equitable interest which is claimed to be excluded from
marital property:
Item Number
9
Description
of Property
Prudential Life
Insurance Policy
Name of
all Owners
Wife
Reason for
Exclusion
1
4
Certificates of
Deposit
Husband
6
2
Truck
Husband
6
18
Contribution and
appreciation in value
in SERS
Wife
1,3
18
Contributions and Husband
appreciation in value
in Highmark Defined
Benefit Plan
1,3
19
Contributions and Husband
appreciation in value
in Bighmark Investment
1,3
Jasis for Exclusion:
1. Pre-marital Property
2. Gift
3. Acquired after separation
4. Property excluded by agreement of the parties
5. Property d~posed of in good faith for value prior to divorce suit
6. Inheritance
PROPERTY TRANSFERRED
Plaintiff lists all property in which either or both spouses had
a legal or equitable interest individually or with any other
person and which has been transferred within the preceding three
years:
. .
LIABILITIES OF PARTIES
Plaintiff lists all liabilities of either or both spouses alone
or with any person as of the date action was commenced:
21 Teaberry
Carlisle, PA
(mortgage held by Washington Mutual)
PSECU Visa
$1,389.20 (date of separation value)
CERTIFICATE OF SERVICE
AND NOW, this
LPR
day
Of~
Mei ton, Esquire, for the
, 2005, I,
Gloria M. Rine, Paralegal to Sandra L.
firm, Tucker Arensberg, P.C., hereby certify that I have, this
day, served the within Inventory and Appraisement on counsel for
Defendant, by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Maria P. Cognetti, Esquire
. Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
;(;,/
>~ /~ 4/..111. 'fC~
Gloria M. Rine
74402.1
(") .....> ~
~,.
c:: "'"
:i': of' ':1
'""':'\' . <--
n' c:: m:11
--,~ :;;.t: :9,'(0
I e1:
0:> ._:4~
-0 ::r:..,.,
oi-
:;,; .~;o" <.-}
~ (,,'}(O
.:::..t
-.:~ -....
{.lo' ~
-~ I"
-
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this
affidavit, you must file a counter-affidavit within twenty days after
this affidavit has been served on you or the statements will be
admitted.
AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
I. The parties to this action separated on May 1, 2003,
and have continued to live separate and apart for a period of at least
two years.
2. The marriage is irretrievably broken.
3. 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 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. ~4904 relating to unsworn falsification
to authorities.
Da ted : 0/.3/ oS'
~;1~u'
Kathleen A. Acri, Plaintiff
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION 3301 (d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both) :
(i) The parties to this action have not lived separate
and apart for a period of at least two years.
(ii) The marriage is not irretrievably broken.
2. Check either (al or (b):
(a) I
relief.
alimony,
expenses
granted.
do not wish to make any claims for economic
I understand that I may lose rights concerning
division of property, lawyer's fees or
if I do not claim them before a divorce is
(b) I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or
expenses or other important rights.
I understand that in addition to checking (bl above, I must also
file all of my economic claims with the prothonotary in writing and
serve them on the other party. If I fail to do so before the date set
forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further notice to me, and I shall be
unable thereafter to file any economic claims.
I verify that the statements made in
true and correct. I understand that false
subject to the penalties of 18 Pa.C.S.
falsification to authorities.
this counter-affidavit are
statements herein are made
~4904 relating to unsworn
Date:
Kenneth D. Acri, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND
YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT
FILE THIS COUNTER-AFFIDAVIT.
.
CERTIFICATE OF SERVICE
AND NOW, this
~~
day of ')~
L. Meilton, Esquire,
, 2005, I, Shaun
M.
Kovach,
secretary to Sandra
for the firm of
Tucker Arensberg, P. C., hereby certify that I have this day served a
copy of the within Plaintiff's Affidavit under Section 3301 (d) along
with a blank Defendant's Counter-Affidavit under Section 3301(d), by
mailing same by first class mail, certified mail with return receipt
requested, postage prepaid, addressed as follows:
'Maria P. Cognetti, Esquire
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
JJvJu/t7tf- ~ori
Shaun M. Kovach '
78512.1
(") ,...0 ~
-=
c;; =
c.n
s_ C. :r
.....On.'
n-',r c: n,:I!
-, :;;;;: -oK;
^.
([, I :):)6
00 (~'r;
(....
< -0 s_-o
::rc.
~k~ ::;:
'" .,")rn
::'1
::OJ :?-
'-" :~
-< W
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 03-1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S COUNTER-AFFIDAVIT
UNDER 6 330Hd) OF THE DIVORCE CODE
1. Check either (a) or (b):
~ (a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both):
(i) The parties to this action have not lived separate and apart for a
period of at least two (2) years.
(ii) The marriage is not irretrievably broken.
(c) I oppose the entry ofa divorce decree on a bifurcated basis but do not
oppose the entry of a divorce decree once the economic issues have
been settled or determined.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
)( (b) I wish to claim economic relief which may include alimony, division of
property, lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic claims
with the prothonotary in writing and serve them on the other party. IfI fail to do so before the
date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be
entered without further delay.
I verify that the statements made in this counter-affidavit are true and correct. I understand
that faise statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date: fc/~o 10.5
1"~" .TL 0-. L
Kenneth David Acri, Defendant
';/20/05
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Kenneth David Acri, Defendant herein, do
hereby certifY that on this date I served the foregoing document by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Sandra L. Meiiton, Esquire
TUCKER ARENSBERG
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
MARIA P. COGNETTI & ASSOCIATES
Date: June 27, 2005
By:
~ ' ()C .
~lA..P.-r( LJ ~ 6/
MAP. COGNE~U1RE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
c'
(:~,
.-'
%
Ci'
c."
(.:~.
-'-'
#'>-'~
~
-a
::~.
l."
-;Z-
:2
-...."
~:_..\
-;.--.
.k.
<.f'
.-
06/28/2005 15:13 FAX 717 909 4068
MARIA P COGNETTI
141002
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attomey I.D. No. 27914
210 Grandview Avenue, SUile 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attornevs for Defend.nt
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CT.JMBERLAND COUNTY, PENNSYLVANIA
v.
No. 03-1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
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 lllay also be entered against you for any other claim or relief requested in
these papers by the Plaintjff. You may lose money or property or other rights important to you.
When the ground for divorce is indignities or iuetrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage cow1selors is available in the office of the
Prothonotary at the Cumberland County Courthouse, Carlisle, PelIDsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYlER Al 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.
Cumberland County Bar Association
32 S. Bedford StTeet
Carlisle, PA 17013
Telephone: 1-800-990-9108
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
CampHilI,PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 03-1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ANSWER AND COUNTERCLAIM TO F'LAINTIFF'S
AMENDED COMPLAINT IN DIVORCE
AND NOW, comes Defendant, Kenneth David Acri, by !md through his Attorney, Maria P.
Cognetti, Esquire, and files the following Answer and Counterclaim to Plaintiffs Amended
Complaint in Divorce and in support thereof avers as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
COUNT II: CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES
AND EXPENSES UNDER THE DIVORCE CODE
9. Denied. It is specificany denied that Plaintiff is without sufficient funds to support
herself and to pay counsel fees, and the costs and expenses incidental to this divorce action.
10. Denied. It is specifically denied that Defendant is fun wen and able to pay Plaintiff
Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action.
WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's
request for alimony pendente lite, counsel fees and expenses.
COUNTERCLAIM
COUNT I - ATTORNEY'S FEES AND COSTS
11. By reason of this action, Defendant has been, and win continue to be, put to
considerable expense due to the preparation of his case, the employment of counsel and the
payment of costs.
12. Plaintiff has deliberately, and without good reason, prompted the continuation of
these proceedings, thereby causing unnecessary fees and costs to Defendant.
13. Defendant is without sufficient funds to support himself and to meet the costs and
expenses of this litigation.
14. Defendant's income is not sufficient to pay his attorney's fees and the costs of this
litigation.
15. Plaintiff has adequate earnings to pay Defendant's counsel fees, costs and expenses.
2
WHEREFORE, Defendant respectfully requests that this Honorable Court award him
counsel fees and costs related to these proceedings.
Respectfully Submitted:
Date: June 20, 2005
By:
ASSOCIATES
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
3
VERIFICATION
I, Kenneth D. Acri, hereby verify and state that the facts set forth in the foregoing
document are true and correct to the best of my information, knowledge and belief. I nnderstand
that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S4904 relating to
unsworn verification to authorities.
Date: June 20, 2005
Ij~r, D, O~.:;
Kenneth D. Acri ~
{gj ZOJO$
CERTIFICATE OF SERVICE:
I, Maria P. Cognetti, Esquire, Attorney for Kenneth David Acri, Defendant herein, do
hereby certifY that on this date I served the foregoing document by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Sandra L. Meilton, Esquire
TUCKER ARENSBERG
111 North Front Street
P.O. Box 889
Harrisburg, P A 17108-0889
MARlA P. COGNETTI & ASSOCIATES
Date: June 27, 2005
By:
~~~
MAP. COGN I, ESQUI
Attorney I.D. No. 27914
210 Qrandview Avenu.l, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
n
S
~
=
<J'
L.-
~,~
1'>
CJ
q,
--'
:!=--""
\""F:
--a f';"1
:~~\
.2:;)
~;.:.fI'
:::.--\
y:
;.;2.
-'
-"
-
()"\
-
-
IN THE 'COURT OF COMMON PLEAS OF
t::UMBERLAND _CO~. 'PENNSYLVANIA
KATHLEEN ANN ACRI
Plaintiff
vs.
KENNETH DAVID ACRI
,
,
NO.
03-1520
19
MOTION FOR APPOINTMENT OF MASTER
KATHLEEN ANN ACRI (Plaintiff) ~~
a master .nth respect to the folloving claims:
(x) Divorce
( ) Annulment
( X) Alimony
( x) Alimony Pendente Lite
moves the court to appoint
(x)
( )
(x)
(x)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is/~8~plete as to the claims(s) .for which the
appointment of a master is requested, however. answers are expected dn the near future.
(2) The defendant (has) (bazxaat) appeared in the action ~
(by his attorney. Maria P. Cognetti ,Esquire) .
(3) The staturory ground(s) for divorce (is) ~
two year separation, Section 330l(d).
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
~ .t~luT.uu""x
~~
claims:
all claims
(5)
(c) The action is contested with respect to the following
noted above.
The action ~ (does not ullvo1ve) complex issues of law
or fact.
(6) The hearing is expected to take one ~lt) (days).
(7) Additional information, if any. relevant to the motion:
Date: 7/19/05 ./.~;(q:jtIHA-v( ,
~,y for (Pl::i.hifi)~v --
~
ORDER APPOINTING MASTER
AND NOW ,19 ,
is appointed master .nth respect to the following claims:
Esquire,
By the Court:
J
0 t"'~;") 0
=
s:; c::"' -n
c.T'
c_ ~?
,._0- r--....'
\ .... fnp
N .~l~1_.F1
. co I r
~~~ 5j:i
-0 -,..""
---.-,.( .\
ry '(5\'-\"1
~.- .-1
(jl ;;;
.-( C,..,J ::<.
~
\::l'J
( .
KATHLEEN ANN ACRI
IN THE 'COURT OF COMMON PLEAS OF
CUMBERLAND _CO~. 'PENNSYLVANIA -
:
Plaintiff
vs.
KENNETH DAVID ACRI
NO.
03-1520
19
MOTION FOR APPOINTMENT OF ;KASTER
KATHLEEN ANN ACRI (Plaintiff) 2(lJnlka-;'
a master .nth respect to the folloving claims:
(x) Divorce
( ) Annulment
( X) Alimony
( X) Alimony Pendente Lite
moves the court to appoint
(X)
( )
(x)
(x)
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(I) Discovery is/E8Ji,lete as to the claims(s) .for which the
appointment of a master is requested, however. answers are expected m the near future.
. (2) The defendant (has) (!:IaDIrxalItt) appeared in the action ~
(by his attorney, Maria P. Cognetti ,Esquire).
(3) The staturory ground{s) for divorce (is) ~
two year separation, Section 3301(d).
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
flI\) ~~ntilmx
~~
(c) The action is contested with respect to the following
noted above.
The action ~ (does not ulvolve) complex issues of la...
claims :
all claims
(5)
or fact. .
(6)
(7)
The hearing is expected to take one ~lt) (days).
Additional information, if any. relevant to the motion:
Date: 7/19/05
~~.~.A'/~
Attorney for (PIa' tiff)
~
AND NOW
is appointed
ORDER APPOINTING MASTER
c2/ ,tr:rM:;--- e~ b%dfM ~
10ith respect to the following claims:_
Esquire,
,
/J/L__ &Jfi.
~
I, J
~s~
L l-J :! Hd 12 lfW SOOZ
"...""d =iHl:10
AbV1Ci,jul ',J:':"~>'~::1ji I
381 ~L< ,>."~~::-J ll:J
o
r;
""
=
~
c.n
o
-n
f"o.)
o
-:.-::
r:Y
(f',
c..,.)
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LA,W
: NO. 03-1520 CIVIL TERM
KATHLEEN ANN ACRI,
v.
KENNETH DAVID ACRI,
Defendant
: IN CUSTODY
PETITION TO MODIFY CUSTODY
1. The Plaintiff is Kathleen Ann Acri, the Mother of the minor children, who
resides at 54 W. Willow Street, Carlisle, Cumberland County, P,ennsylvania 17013.
2. The Defendant is Kenneth David Acri, the Father of the minor children,
who resides at 21 Teaberry Drive, Carlisle, Pennsylvania 17013.
3. Plaintiff seeks to modify custody of Benjslmin Acri, born June 11, 1988 and
Daniel Acri, born October 5, 1990, who currently reside with Defendant at 21 Teaberry Drive,
Carlisle, Pennsylvania 17013.
4. A Custody Order was entered by the Court on October 4, 2004 and
modified on December 22, 2004.
5. The original Custody Order gave FathE!r primary physical custody of the
children.
The Amended Custody Order entered in December 22, 2004, among other
things, had Mother sharing the summer schedule on an alternating weekly basis.
The alternating weekly schedule worked well for the children and the
parties.
6. Mother would like to continue the alternating weekly schedule throughout
the school year.
7. Father is opposed to the continuation of the sllternating weekly schedule.
WHEREFORE, Mother requests a Custody Confel'ence to review this matter and
to enter an Order in the best interests of the children.
Respectfully submittEld,
andra L. Meilton, Esquir
I. D. No. 32551
TUCKER ARENSBERG, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
VERIFICATION
I, the undersigned, Kathleen Ann. Acri, acknowledge that the facts stated in the
foregoing document are true and correct to the best of my knowled!~e, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
'~UbL tit;;., {;~ .
Kathleen Ann Acri
Dated: ~!1 ~/o-~
81300.1
CERTIFICATE OF SERVICE
AND NOW, thiS'~ day of ~L, 2003, I, Shaun M. Kovach,
secretary to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify
that I have this day served a copy of the within document, by mailing same by first class mail,
postage prepaid, addressed as follows:
Kristopher Smull, Esquire
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
~~f1miJJL't~
Shaun M. Kovach
D ~
1d ~ ~ ,",0 ~
=
C:J
\t- eM
c::> ':::1
:J~ ."
('"-) f11p
C> -{ ;}~
I
- ..1::::- () w
~ ~~~! ~n
..c "-> p:l -0 (:~(')
W W ~ (:> rn
t> (.)
(jJ ~~
,...~ ~.o
~ CP '-<
-I--
-t..
KATHLEEN ANN ACRI
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV ANIA
V.
03-1520 CIVIL ACTION LAW
KENNETH DAVID ACRI
DEFENDANT
IN CUSTODY
ORDER OF COURT
AND NOW.
Friday, October 07, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq.
at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, November 10, 2005
, the conciliator,
at 1:00 PM
for a Pre-Hearing Custody Conference. At such conference. an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to detine and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: Isl
Dawn S. Sunday. Esq.
Custody Conciliator
~
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our omce. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle. Pennsylvania 17013
Telephone (717) 249-3 I 66
4:~ -P -:2 ~ ~? JO 17/ r7/
~v ~ ~f ~U; JO (jl- ()"
~ ~ 1-- ~??W' ~ >p?(l 51? (p. 01
S 11 : i I O! rJO SOal
Ab':/LO:<C,. :.iH.l .-jO
'~]~:\ '::'::':=!-CFilH
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney 1.0. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
Defendant, Kenneth David Acri, by and through his attorney, Maria P. Cognetti, Esquire,
files the following Pre-Trial Statement:
TABLE OF CONTENTS
I. Background Information
II. Listing of Marital Assets and Debts
III. Listing of Non-Marital Property
IV. Income and Expenses
V. Counsel Fees and Costs
VI. Expert Witnesses
VII. Non-Expert Witnesses
VIII. Listing of Proposed Exhibits
IX. Proposed Resolution
I. BACKGROUND INFORMATION
A. PARTIES
HUSBAND
NAME Kenneth D. Acri
ADDRESS 21 Teaberry Drive
Carlisle, PAl 70 13
AGE 44
DATE OF BIRTH November 16, 1960
PLACE OF BIRTH Pennsylvania
SOCIAL SECURITY NUMBER 196-48-3631
HEALTH Good
EMPLOYER Highmark
OCCUP AnON Application Specialist
LENGTH OF RESIDENCY IN PA 44 years
EDUCATIONAL BACKGROUND College
WIFE
NAME Kathleen A. Acri
ADDRESS 54 South Willow Street
Carlisle, PA 17013
AGE 43
DATE OF BIRTH March 30, 1961
PLACE OF BIRTH Pennsylvania
SOCIAL SECURITY NUMBER 168-56-3759
HEALTH Good
EMPLOYER Commonwealth of Pennsylvania
OCCUPATION Office Manager
LENGTH OF RESIDENCY IN P A 43 years
EDUCATIONAL BACKGROUND High School
B. CHILDREN
NAME AGE DATE OF BIRTH CUSTODIAN
Benjamin Acri 17 June 11, 1988 Father
Daniel Acri 15 October 5, 1990 Father
C. MARRIAGE INFORMATION
DATE OF MARRIAGE September 17, 1983
PLACE OF MARRIAGE Mechanicsburg, P A
DATE OF SEPARATION May 1, 2003
CIRCUMSTANCES OF SEP ARA TION Wife left the marital home.
D. PRIOR MARRIAGE
I WIFE
HUSBAND
I:::
E. CHILDREN OF OTHER RELA TIONSHIPS/MARRIAGES
\:::
I~FE
HUSBAND
F. PROCEEDINGS INFORMATION
DATE ACTION COMMENCED April 2, 2003
DATE OF SERVICE OF COMPLAINT April 17, 2003
MANNER OF SERVICE OF Certified Mail.
COMPLAINT
ISSUES RAISED IN DIVORCE Divorce, Equitable Distribution, Spousal
COMPLAINT Support, Alimony and Custody.
DATE AMENDED COMPLAINT June 8, 2005
FILED
ISSUES RAISED IN AMENDED Divorce, Alimony Pendent Lite, Counsel
COMPLAINT Fees and Costs.
DATE OF FILING OF ANSWER June 28, 2005
AND/OR COUNTERCLAIM
ISSUES RAISED IN COUNTERCLAIM Attorney's Fees and Costs.
BIFURCA TION N/A
PREVIOUSL Y RESOLVED ISSUES N/A
II. MARITAL ASSETS AND DEBTS
The following is a listing of the marital assets and debts of the parties:
ITE
M
NO.
DESCRIPTION
TOTAL
VALUE
HUSBAND'S WIFE'S
COMMENTS
1.A 21 T eaberry Dr. $220,000.00 X
Carlisle, P A
1.B Increase in value of $10,000.00 X
Husband's share of
Campsite and Cabin,
Jamison City,
Sugarloaf Township,
Columbia County, P A
Value based on a
market analysis
obtained by Husband.
Husband is a 1/3
owner with his
mother and sister.
Marital value is
estimated based on
the purchase price in
1977 of $2,000 and
current value of
$40,000.
2.A
1996 Chevy Astro
Van
$2,370.00
X
Kelley Blue Book
2.B
1997 Pontiac Grand
Am
$2,150.00
X
Kelley Blue Book
3.A
3.B
PSECU Savings
PSECU Savings
$10.28
$180.00
X
X
5/1/03
5/1/03
ITE DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS
M VALUE
NO.
3.C PSECU Christmas $112.00 X 5/1/03
Club
3.D Summer Pay Savings $2.00 X 5/1/03
3.E PSECU Checking $93.94 X 3/31/05
3.F PSECU Checking $500.00 X 5/1/03
4.A
4.B
Highmark Pension
SERS Pension
Unknown
X
Unknown
x
Valuation Pending
Valuation Pending
5.A. American Express $12,488.25 X 12/31/04
Roth IRA
5.B. Sovereign Bank IRA $18,180.66 X 6/30/05
5.C. Highmark 401(k) $148,967.61 X Value at date of
separation. Current
value of $243,434.23
includes employer's
and Husband's
contributions.
7.A. Increase in value of $132.30 X Approximate
PSECU CD 50 increase in value as
of the parties' date of
separation.
7.B. Increase in value of $1,161.05 X Approximate
PSECU CD 51 increase in value as
of the parties' date of
separation.
ITE
M
NO.
DESCRIPTION
TOTAL
VALUE
HUSBAND'S
WIFE'S
COMMENTS
9.A.
Ned Smith Prints
To be
determined
Wife has indicated
that she intends to
have the prints
appraised. Husband
desires to give these
to the children.
1O.A
Mortgage on Teaberry
Drive
$17,000.00
x
10.B Visa
$2,400.00
x
Approximate balance
on date of separation.
III. LISTING OF NON-MARITAL PROPERTY
The following is a listing of the non-marital assets of the parties:
Item # Description Basis of Owner
Exclusion
1 Certificates of Deposit Inheritance Husband
2 Truck Inheritance Husband
3 Premarital value and post separation Premarital and Husband
contributions and appreciation in value post separation
of Highmark Investment Plan.
4 Premarital value and post separation Premarital and Husband
contributions and appreciation in value post separation
of Highmark Pension Plan.
5 Post separation contributions and Post separation Wife
appreciation in value ofSERS Pension
6 Premarital value of Husband's cabin Premarital Husband
IV. INCOME AND EXPENSES
The following is a listing of the income and expenses of the parties:
PARTY DESCRIPTION AMOUNT
Husband
Gross Monthly Income $6,539.30
Net Monthly Income $3,632.71
Monthly Expenses $5,487.87
Wife
Gross Monthly Income $2,968.88
Net Monthly Income $2,158.64
Monthly Expenses $3,795.20
V. COUNSEL FEES
The following is a listing of the counsel fees and expenses incurred, or to be incurred by the
parties:
PARTY DESCRIPTION DATES AMOUNT
Husband
Counsel Fees 3/10/05-Present $5,397.22
Costs
Anticipated Fees and Costs $10,000.00
Wife
Counsel Fees Unknown
Costs Unknown
Anticipated Fees and Costs Unknow
VI. EXPERT WITNESSES
The following is a listing of the anticipated experts who will be called to testify in this case:
NAME SUBJECT TO TESTIMONY
A Real Estate Appraiser Value of marital home and Husband's camp
property.
A Pension Appraiser Value of both Husband's and Wife's pensions.
Personal Property Appraiser Value of Ned Smith prints.
Additional experts who may be called to testify are not known at this time. If such additional
experts are retained, Defendant reserves the right to call them as witnesses upon proper notification
to Plaintiff.
VII. NON-EXPERT WITNESSES
NAME SUBJECT TO TESTIMONY
Kenneth D. Acri History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Kathleen A. Acri, as of cross History of the marriage; identification and
valuation of marital assets and debts; other
relevant testimony relating to the factors set forth
in the Divorce Code.
Additional witnesses who may be called to testify are not known at this time. If such
additional witnesses are identified, Defendant reserves the right to call them as witnesses upon
proper notification to Plaintiff.
VIII. LISTING OF PROPOSED EXHIBITS
The following is a listing of Exhibits which are anticipated to be submitted at the hearing in
this case:
NO. DESCRIPTION
1 Plaintiff s Income and Expense Statement.
2 Plaintiffs Counsel Fees Statements.
3 Plaintiffs 2004 W.2 Statements.
4 Defendant's Income and Expense Statement.
5 Defendant's Counsel Fees Statements.
6 Defendant's 2004 W-2 Statements.
7 Appraisals of various marital real properties.
8 Statements for all Certificates of Deposit.
9 DOS Statements for all bank accounts/credit cards/lines of credit.
10 Statements for all investment/pension/retirement accounts.
11 Statements of Kelley Blue Book values on the parties' vehicles.
12 Statements for all whole life insurance policies.
13 Valuation reports for all pensions.
14 Appraisals of personal property including Ned Smith prints.
If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits
upon proper notification to Plaintiff.
IX. PROPOSED RESOLUTION
A. EQUITABLE DISTRIBUTION: Parties to retain their own pensions. Husband to
retain 60% of the marital value of his 401(k). Parties to divide the remaining marital
assets SO/50.
B. ALIMONY: No post-divorce alimony.
C. COUNSEL FEES AND COSTS: Parties to pay their own counsel fees and costs.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date: /O/JO/O ~
JJtt
By:
210 Grandview Avenue, Suite 102
Camp Hill, P A 1701l
Telephone No. (717) 909-4060
Attorney for Defendant
VERIFICATION
I, Kenneth D. Acri, hereby verify and state that the facts set forth in the foregoing document are
true and correct to the best of my information, knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to
authorities.
Date:
;0 fl-O lo~-
f}(~~,~-~
Kenneth D. Acri
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Defendant's Pre-Trial Statement by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Sandra L. Meilton, Esquire
TUCKER ARENSBERG
111 North Front Street
P.O. Box 889
Harrisburg, P A 17108-0889
MARIA P. COGNETTI & ASSOCIATES
Date: 10()O IDS:
jJaUt(
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
-."'"
("-.-,
C:J
"j1
::::l
Cl
" ,I 1
~d
c.-)
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney I.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
KATHLEEN ANN ACRI,
Plaintiff
v.
KENNETH DAVID ACRI,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: No. 03-1520
: CNIL ACTION - LAW
: IN DNORCE
INCOME AND EXPENSE STATEMENT
KENNETH D. ACRI
The following is the Income and Expense Statement submitted by Kenneth D. Acri,
Defendant, herein, for filing in the above-captioned divorce.
Date: ~/ )t}!o,~
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
By:
MARIAP.COGN T I,ESQUIRE
Attorney J.D. No.2 14
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (717) 909-4060
Attorney for Defendant
INCOME AND EXPENSE STATEMENT OF
KENNETH D. ACRI
Employer:
Address:
Type of Work:
Payroll Number:
Pay Period (weekly, biweekly, etc.):
Highmark
P.O. Box 890089. Camp Hill. PA 17089
Application Specialist
Biweekly
AVERAGE GROSS PAY PER MONTH: $6,539.30
Itemized Payroll Deductions:
Federal Withholding: ($778.01 )
Social Security: ($103.48)
Disability: ($442.50)
Local Wage Tax: ($113.90)
State Income Tax: ($218.55)
Unemployment Tax: ($6.41 )
Retirement: ($908.27Y
Savings Bonds:
Credit Union:
Life Insurance: ($48.06)
Health Insurance: 2
Other: Dental ($21.45)
Dependant Life ($8.50)
Investment at Work ($200.00)
United Way ($13.00)
Supplemental Life ($44.46)
AVERAGE NET PAY PER MONTH: $3,632.71
lOne-half for savings and one-half for children's college fund.
2 Defendant currently on Plaintiffs health insurance, will be approximately $220.00 per month when
removed.
OTHER INCOME: WEEKLY MONTHLY YEARLY
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Unemployment Compo
Workmen's Compo
TOT AL OTHER INCOME: $0.00
TOT AL MONTHLY NET INCOME: $3,632.71
WEEKLY MONTHL Y YEARLY
HOME:
Mortgage/rent $979.45 $11,753.40
Maintenance $100.00 $1,200.00
Repairs $100.00 $1,200.00
UTILITIES:
Electric $88.00 $1,056.00
Gas $140.00 $1,680.00
Oil
Telephone $89.00 $1,068.00
Water $15.00 $180.00
Sewer $29.75 $357.04
EMPLOYMENT:
Public Transportation
Lunch $50.00 $600.00
TAXES:
Real Estate $222.17 $2,666.00
Personal Property
Income
INSURANCE:
Homeowners $60.67 $728.00
Automobile $225.08 $2,701.00
Life $22.83 $274.00
Accident
Health
Other
AUTOMOBILE:
Payments $444.43 $5,333.16
Fuel $180.00 $2,160.00
WEEKLY MONTHL Y YEARLY
Repairs $200.00 $2,400.00
Maintenance
Licenses $10.33 $124.00
Registration $10.33 $124.00
Auto Club
MEDICAL:
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs $12.50 $150.00
(glasses, braces,
orthopedic
devices)
EDUCATION:
Private school
Parochial school
College
Religious $200.00 $2,400.00
School lunches $64.00 $768.00
Books/misc.
PERSONAL:
Clothing $250.00 $3,000.00
Food $480.00 $5,760.00
Barberlhairdresser $10.00 $120.00
Personal care
Laundry/dry cleaning
Hobbies $158.33 $1,900.00
Memberships
WEEKLY MONTHL Y YEARLY
CREDIT PAYMENTS:
Credit card (Visa) $325.00 $3,900.00
Charge account $30.00 $360.00
LOANS OR DEBTS:
Credit Union $125.00 $1,500.00
MISCELLANEOUS:
Household help
Child care
Camp $20.00 $240.00
Pet expense $12.00 $144.00
Paperslbooks/ $8.00 $96.00
magazmes
Entertainment
Pay TV $126.00 $1,512.00
Vacation $250.00 $3,000.00
Gifts $125.00 $1,500.00
Legal fees $300.00 $3,600.00
Charitable $25.00 $300.00
Contributions
Religious
Memberships
Children's
Allowances
Other Child
Support
Alimony
payments
Lessons for
Children
WEEKLY MONTHL Y YEARLY
OTHER:
TOTAL EXPENSES $5,487.87 $65,854.60
VERIFICATION
I, Kenneth D. Acri, hereby verify and state that the facts set forth in the foregoing document are
true and correct to the best of my information, knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to
authorities.
Date: [) IJD! D'j
If ~ 1:5'.
Kenneth D. Acri
o '.
.J\M.-....
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Income and Expense Statement by depositing a true and exact
copy thereof in the United States mail, first class, postage prepaid, addressed as follows:
Sandra L. Meilton, Esquire
TUCKER ARENSBERG
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
MARIA P. COGNETTI & ASSOCIATES
Date: Ie/X/OJ
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
J"o>._ ,
..~ ()
^'I
::i
.! ;
r-,_,
II
C')
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney LD. No. 27914
210 Grandview A venue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
KATHLEEN ANN ACRI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-1520
KENNETH DAVID ACRI,
Defendant
: CIVIL ACTION - LA W
: IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
DEFENDANT. KENNETH DAVID ACRI
Defendant, Kenneth David Acri, files the following Inventory and Appraisement of all
property owned or possessed by either party at the date of separation and all property transferred
within the preceding three years.
Respectfully Submitted:
MARIA P. COGNETTI & ASSOCIATES
Date:
/oI>>IOJ
~r;1
By:
MARIA, . C NETTI, ESQUIRE
Attorney LD. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemize the assets
on the following pages.
(X) 1.
(X) 2.
( ) 3.
(X) 4.
(X) 5.
(X) 6.
( ) 7.
( ) 8.
(X) 9.
( ) 10.
( )11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
( ) 17.
(X) 18.
(X) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
(X) 24.
(X) 25.
(X) 26.
Real property
Motor vehicles
Stocks, bonds, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and current
beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the home
Business (list all owners, including percentage of ownership, and officer/director
positions held by a party with company)
Employment termination benefits-severance pay, worker's compensation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
Military/V A benefits
Education benefits
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute)
Other: Ned Smith prints.
MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or
equitable interest individually or with any other person as of the date this action was commenced:
Item Description of Property Name of All Owners
Number
1 21 T eaberry Dr. Husband
Carlisle, P A
1 Campsite and Cabin, Jamison City, Sugarloaf Husband
Township, Columbia County, PA
2 1996 Chevy Astro Van Husband
2 1997 Pontiac Grand Am Wife
4 Increase in value of PSECU CD 50 Husband
4 Increase in value of PSECU CD 51 Husband
5 PSECU Checking Husband
5 PSECU Checking Wife
6 PSECU Savings Husband
6 PSECU Savings Wife
6 PSECU Christmas Club Wife
6 Summer Pay Savings Wife
9 John Hancock Life Insurance Husband
9 John Hancock Life Insurance Wife
18 Highmark Pension Husband
18 SERS Pension Wife
19 American Express Roth IRA Husband
19 Sovereign Bank IRA Husband
19 Highmark 401(k) Husband
25 Household Goods Joint
26 Ned Smith Prints Husband
3
NON-MARIT AL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital property:
Item Description of Property Reason for Exclusion
Number
2 Husband's Truck Inheritance
4 Husband's Certificates of Deposit Inheritance
18 Premarital value and post separation contributions Premarital and post separation
and appreciation in value of Husband's Highmark
Pension Plan.
18 Post separation contributions and appreciation in Premarital and post separation
value of Wife's SERS Pension.
19 Premarital value and post separation contributions Post separation
and appreciation in value of Husband's Highmark
Investment Plan.
4
LIABILITIES
Description of Property Names of All Creditors Names of All Debtors
Mortgage on Marital Home Washington Mutual Husband and Wife
Credit Card Visa Husband and Wife
5
VERIFICATION
I, Kenneth D. Acri, hereby verify and state that the facts set forth in the foregoing document are
true and correct to the best of my information, knowledge and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn verification to
authorities.
Date:
;0 fl-O lo~-
.1 ~-;e~ T:;. ~'-,
Kenneth D. Acri
CERTIFICATE OF SERVICE
I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on
this date I served the foregoing Inventory and Appraisement of Defendant by depositing a true
and exact copy thereof in the United States mail, first class, postage prepaid, addressed as
follows:
Sandra L. Meilton, Esquire
TUCKER ARENSBERG
111 North Front Street
P.O. Box 889
Harrisburg, P A 17108-0889
MARIA P. COGNETTI & ASSOCIATES
Date: /0 ( w (0 J-
By:
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorney for Defendant
r-.., }
,--
, ;.~:;
o
'. fj
~ -' J
r-")
("
, ,
::::::!
l-','i.
; '-'-~'
\ ~:
c,:.'
--------
I:\Client Directory\Acri\agreements\stipulation for advance distribution,frm
October 25, 2005
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03,1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION FOR ADV ANCE DISTRIBUTION OF MARITAL ASSETS
AND NOW, this ;<SA day of ~~ , 2005 come Plaintiff, Kathleen Ann
Acri, by and through her attorney, Sandra L. Meilton, Esquire, and Defendant, Kenneth David Acri,
by and through his attorney, Maria P. Cognetti, Esquire, and hereby enter the following Stipulation
for Advance Distribution of Marital Assets as follows:
1. Plaintiff is Kathleen Ann Acri (hereinafter "Wife"), an adult individual currently
residing at 54 West Willow Street, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Kenneth David Acri (hereinafter "Husband"), an adult individual
currently residing at 21 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania.
3. Wife filed a Complaint in Divorce on April 2, 2003 to the above term and number.
4. The parties are owners, as tenants by the entireties, ofthe real estate situated at 21
Teaberry Drive, Carlisle, Cumberland County, Pennsylvania (" the Marital Residence").
5. Husband and Wife agree that the Marital Residence, which is encumbered by a
mortgage in joint names, shall become the sole and exclusive property of Husband. Husband shall
retain possession of the premises, and Wife shall transfer, to Husband, title to the property by Quit
Claim Deed. Husband shall refinance the mortgage on the Marital Residence and pay to Wife the
sum of NINETY FOUR THOUSAND SEVENTY NINE and 18/100 ($94,079.18) Dollars after the
I:\Client DirectorylAcri\agreements\stipulation for advance distribution.frm
October 25, 2005
expiration of the three day right of recission. Husband shall refinance the mortgage on the property
and make said payment within thirty (30) days of the execution of this Agreement.
6. Husband agrees to execute a second deed transferring the Marital Residence from
Husband back to Husband and Wife, which deed shall be held in escrow by Husband's counsel.
Should Husband refuse to move forward with the finalization of the case, Wife shall have the right
to petition the Court to have the deed released and the home transferred back into joint names.
7. The parties agree that this partial distribution of marital assets shaJl not, in any way,
prejudice either party with regard to final distribution of the marital estate. The parties agree that the
exact value of the Marital Residence is not presently known and that the calculation used to
detennine the amount of Husband's payment to Wife shall not be applied to the final distribution of
assets. The parties agree to obtain a joint appraisal or market analysis ofthe Marital Residence and
use the amount arrived upon for the distribution of this asset. Upon a final resolution of aJl
economic issues the parties will detennine whether Husband owes Wife an additional sum or if Wife
owes Husband a credit due to his overpayment. In either case said payment or credit shall come in
the fonn of a credit toward another asset subject to equitable distribution.
8. This Stipulation is intended to deal solely and exclusively with Wife's transfer of the
marital residence to Husband. This Agreement is not intended to deal in any manner or fashion with
any other marital asset. The parties acknowledge and agree that other marital assets exist which are
subject to equitable distribution. Specifically, this Stipulation in no way divides or distributes any of
Husband's or Wife's premarital property, nor any marital asset subject to equitable distribution. It is
understood and agreed that this Agreement is preliminary in nature and will be incorporated into a
final Property Settlement Agreement at the time of final resolution of all economic issues. The
2
'"
1:\Clicnt Dircctory\Acfi\agreements\stipulation for advance distribution.frm
October 25, 2005
execution of this agreement is not intended to bar entry of a final Property Settlement Agreement by
the parties at a future date.
9. Husband and Wife further agree that they shall maintain and preserve all personal
assets, both premarital and marital, for future distribution between the parties.
10. In all other respects, Husband and Wife retain any and all remaining rights to
equitable distribution of assets to which they may be entitled, and which arise out of the instant
litigation, referenced herein.
I!. The provisions of this Stipulation and their legal effects have been fully explained to
the parties by their respective counsel. Each party acknowledges that they have received
~UL. Ill/IV Il tu.'
Kathleen Ann Acri
Plaintiff
independent legal advice from counsel of his or her selection, and, as to the terms of this Stipulation,
that each fully understands the facts relative thereto and has been fully informed as to his or her legal
rights and obligations, and each party acknowledges and accepts that this Stipulation is, under the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having
received such advice from counsel. The parties further acknowledge that the execution of this
Stipulation 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.
IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have
hereunto set their hands and seals the day and year first above written.
,
If~. 0: (Jf~;
Kenneth David Acri
Defendant
3
r'
'-:;;
1:\Client Directory\Acri\agreements\stipulation for advance distribution.fnn
RE FT~ ;f;'.-\ I
. ./.,J'.. Jlj
I
,
~
NOV 0 1 LUUJ
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON
OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 03-1520
KENNETH DAVID ACRI,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT
AND NOW, TO WIT, this ~ day of tJ ~
, 2005, it is hereby ORDERED
AND DECREED that the attached Stipulation for Advance Distribution of Marital Assets is made an
Order of this Court and said Stipulation is adopted it its entirety and incorporated herein as an Order
of Court.
III
'!;Jc9
\,\0
\/l1\:\i/\l)\'~'!"~r'J.~d
kLNn'~~'\-'; (""[' . :-.-:':~:~',:n8
I I :6 t~'i S - Ami SOOl
AtlVlONOHJOCid 3Hl :10
3:)i:HC)-{EJll::l
KATHLEEN ANN ACRI
Plaintiff
I I{E:;(";F~!\lED
I NO V 1 5 2005
IN THE COURT ~~.~OM~ON PLEA OF
CUMBERLAND C ... IA
vs.
03-1520
CNIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER
AND NOW, this 10th day of November,2005 ,the conciliator, being advised by
plaintiffs counsel that all custody issues have been resolved by agreement of the parties, hereby
relinquishes jurisdiction. The custody conciliation conference scheduled for today, is cancelled.
FOR THE COURT,
a ~chy
Dawn S. Sunday, Esquire
Custody Conciliator
-
N
~:
1.-';;.
2
(..'
\JJ~.
~2t.-.
\...1-",,'
1 \._ :-',._
:'~~\~'s:
"d.\.'-\
0-:C
\-"
tl-
o
l:..b
,-
3
..p
-
c:-)
v"..,-,>
~--
-,-0
?~
~
-------~
KATHLEEN ANN ACRI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVil ACTION - LAW
v.
: NO. 03-1520 CIVil TERM
KENNETH DAVID ACRI,
Defendant
: IN CUSTODY
PETITION TO MODIFY CUSTODY ORDER
AND NOW, comes Plaintiff, Kathleen Ann Acri, and petitions this Honorable Court
as follows:
1. The Plaintiff is Kathleen Ann Acri, the Mother of the minor children, who
resides at 54 W. Willow Street, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant is Kenneth David Acri, the Father of the minor children,
who resides at 21 Teaberry Drive, Carlisle, Pennsylvania 17013.
3. The parties are the parents of Benjamin Acri, born June 11, 1988 and
Daniel Acri, born October 5, 1990.
4. A Custody Order was entered by the Court on October 4, 2004 and
modified on December 22, 2004.
5. The parties are currently following a custody schedule whereby the children
reside primarily with Defendant; and are with Plaintiff on Tuesday and Thursday evenings overnight
and alternating weekends from Friday through Monday morning.
.
6. Plaintiff wishes to confirm the current custodial arrangement into a Court
Order.
WHEREFORE, Mother requests a Custody Conference to review this matter and
to enter an Order based on the current custodial schedule.
Respectfully submitted,
s:nf~~~~
i. D. No. 32551
TUCKER ARENSBERG, P.C.
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTiFF
VERIFICATION
I, the undersigned, Kathleen Ann. Acri, acknowledge that the facts stated in the
foregoing document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the penalties of
18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities.
~ !
. .' J..;JA -' ..4
Kathleen Ann Acri
'f-. .
.I u
Dated 'f /"1/6"
I
, .
CERTIFICATE OF SERVICE
rA ~'/'
AND NOW, this W day of . (/ , 2006, I, Gloria M. Rine,
Paralegal to Sandra L Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify
that I have this day served a copy of the within document, by mailing same by first class mail,
postage prepaid, addressed as follows:
Kristopher Smull, Esquire
Suite 102
210 Grandview Avenue
Camp Hill, PA 17011
14 III cL
Gloria M. Rine
86015.1
(:l .(,q
~ ~ CJ
- -2: 8
-.:.t -t
s~fl
c:> ~
~
~..,..,
~' ~, ~-,.]
I
c.',
~_..
~..-,.
;~)
(.) :~~
c"',
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 03 - 1520 CIVIL
KENNETH DAVID ACRI,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
~tM-
da y 0 f \'VV\ LtAt 1--
.
2006, the economic claims raised in the proceedings having been
resolved in accordance with a property settlement agreement
dated March 24, 2006, the appointment of the Master is vacated
and counsel can file a praecipe transmitting the record to the
Court requesting a final decree in divorce.
BY THE COURT,
/--'
// \ /,'--':::::r--",
Jr- _,' _i ..-
Ii" ;,.,
\~~". ~( \{CA~
Edgar B. Bayley, P.J.
cc:
~ndra L. Meilton
Attorney for Plaintiff
~ristopher T. Smull
Attorney for Defendant
'\~\'~' ~
~ (}J ('
v, ~,
. ~,-,OL1
( J\
6'
~,'; :2\
C,;,
, ,,~
';- ~
'.,j
:-\,:
, .
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made thiS:?//V::; of ;JJ.rdth
, 2006, by and between
Kathleen Acri of 54 South Willow Street, Carlisle, Cumberland County, Pennsylvania (hereinafter
referred to as "WIFE") and Kenneth D. Acri, of21 Teaberry Drive, Carlisle, Cumberland County,
Pennsylvania (hereinafter referred to as "HUSBAND"):
WITNESSETH:
WHEREAS, the parties were married on September 17, 1983. in Mechanicsburg,
Cumberland County, Pennsylvania; and
WHEREAS, two (2) children have been born of this marriage, namely: Benjamin Acri,
born June 11, 1988; and Daniel Acri, born October 5, 1990; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of WIFE and HUSBAND to live separate and apart, 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; 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 of the 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, HUSBAND and WIFE,
each intending to be legally bound hereby covenant and agree as follows:
1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right
to live separate and apart from each other and to reside from time to time at such place or places
as they shall respectively deem fit, free from any control, restraint or interference whatsoever by
the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell
with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to
be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the
causes leading to their living apart.
2. INTERFERENCE: Each party shall be free from interference, authority, and
contact by the other, as fully as ifhe or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to
endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass
or malign the other, nor in any way interfere with the peaceful existence, separate and apart from
the other, and each of the parties hereto completely understands and agrees that neither shall do or
say anything to the children of the parties at anytime which might in any way influence the children
-2-
- .
adversely against the other party, it being the intention of both parties to minimize the effect of any
such separation upon the children.
3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This
Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce
on lawful grounds as 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
a 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 prior to or which
may occur subsequent to the date hereof.
4. SUBSEOUENT DIVORCE: The parties hereby acknowledge that WIFE has filed
a Complaint in Divorce in Cumberland County to Docket No. 03-1520, claiming that the marriage
is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties
hereby express their agreement that the marriage is irretrievably broken and express their intent to
execute any and all Affidavits or other documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this
Agreement. The parties hereby waive all rights to request court ordered counseling under the
Divorce Code. It is further specifically understood and agreed by the parties that the provisions of
this Agreement as to equitable distribution of property of the parties are accepted by each party as
a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code.
-3-
.
Should a decree, judgment or order of divorce be obtained by either of the parties in this or
any other state, country or jurisdiction, each of the parties hereby consents and agrees that this
Agreement and all of its covenants shall not be affected in any way by such separation or divorce;
and that nothing in any such decree, judgment, order or further modification or revision thereof
shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties
shall remarry. It is the specific intent of the parties to permit this Agreement to survive any
judgment and to be forever binding and conclusive upon the parties.
5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted
and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any
decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that
have been or may be instituted by the parties for the purpose of enforcing the contractual
obligations of the parties. This Agreement shall not be merged in any such decree but shall in all
respects survive the same and be forever binding and conclusive upon the parties.
6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of
execution" or "execution date," defined as the date upon which it is executed by the parties if they
have each executed this Agreement at the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
-4-
7. 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 ofthis Agreement unless otherwise specified herein. However, the support
and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this
Agreement.
8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise,
release, quit-claim and forever discharge the other and the estate of such other, for all time to
come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims
in or against 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 situated, which he or she
now has or at any time hereafter may have against the other, the estate of such other or any part
thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other
or by way 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, or the right to treat a lifetime conveyance by the other as a
testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's
estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or
territory of the United States, or (c) any country or any rights which either party may have or at any
time hereafter shall have for past, present or future support or maintenance, alimony, alimony
pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of
-5-
the marital relationship or otherwise, except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
provisions thereof. It is the intention of HUSBAND and WIFE to give 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 under this Agreement or for the breach of any provision thereof. It is further agreed that
this Agreement shall be and constitute a full and final resolution of any and all claims which each
of the parties may have against the other for equitable division of property, alimony, counsel fees
and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce
Code or the divorce laws of any other jurisdiction.
9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect
have been fully explained to the parties by their respective counsel; MARIA P. COGNETTI,
Esquire, for HUSBAND and SANDRA L. MEIL TON, Esquire for WIFE. HUSBAND and
WIFE acknowledge that 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. The parties
further acknowledge that they have each made to the other a full accounting of their respective
assets, estate, liabilities, and sources of income and that they waive any specific enumeration
thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future
-6-
time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding
involving this Agreement, with the exception of disclosure that may have been fraudulently
withheld.
10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that
they have not heretofore incurred or contracted for any debt or liability or obligation for which the
estate of the other party may be responsible or liable except as may be provided for in this
Agreement. Each party agrees to indemnify and hold the other party harmless for and against any
and all such debts, liabilities or obligations of every kind which may have heretofore been
incurred by them, including those for necessities, except for the obligations arising out of this
Agreement.
11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE
covenant, warrant, represent and agree that with the exception of obligations set forth in this
Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the
other may be liable. Each party shall indemnify and hold hannless the other party for and against
any and all debts, charges and liabilities incurred by the other after the execution date of this
Agreement, except as may be otherwise specifically provided for by the terms of this Agreement.
12. PERSONAL PROPERTY: The parties have agreed to a division of their
personal effects, household furniture and furnishings as set out on attached Exhibit "A." Those
-7-
items that are to be returned to WIFE shall be done so at a time mutually agreed upon by the
parties, within thirty (30) days of the signing of this Agreement. The parties agree to transfer all
their right, title and interest in said personal effects, household furniture and furnishings. and all
other articles of personal property which have heretofore been used by the parties in common and
shall not make any claim to any such items which are now in the possession or under the control of
the other. Should it become necessary, HUSBAND and WIFE agree to sign any titles or
documents necessary to give effect to this paragraph upon request.
By these presents, the parties hereby specifically waive, release, renounce and forever
abandon whatever claim they may have with respect to any items which have become the sole and
separate property of the other from the date of execution hereof.
13. DIVISION OF REAL PROPERTY: HUSBAND is currently the owner ofreal
property situated at 21 Teaberry Drive, Carlisle, Cumberland County, Pennsylvania. The said
property was previously transferred by Quit Claim Deed from HUSBAND and WIFE as tenants by
the entireties to HUSBAND, by way of the parties' Stipulation for Advanced Distribution of
Marital Assets dated October 25,2005. WIFE acknowledges that she has no further claim, right,
interest or title whatsoever in said property and agrees never to assert any claim to said property
in the future.
HUSBAND shall indemnify and hold WIFE harmless for and against any and all debts,
charges and liabilities associated with said property.
-8-
14. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess
certain bank accounts and the like in their respective names. They hereby agree that each shall
become sole owner of their respective accounts and they each hereby waive any interest in, or
claim to, any funds held by the other in such accounts.
15. CERTIFICATES OF DEPOSIT: The parties agree that the certificates of deposit
currently held in the name of HUSBAND alone, shall become the sole and exclusive property of
HUSBAND upon the entry of a final Decree in Divorce. WIFE further agrees that she shall waive
any further claim or interest in the aforementioned certificates of deposit and agrees that she will
not assert any such claim in the future.
16. DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNTS: WIFE
hereby acknowledges and agrees that HUSBAND shall retain, as his separate property, free and
clear from any claim, right, title or interest on the part of WIFE, his American Express Roth IRA
#10688476307002 and Sovereign Bank IRA #2478047794. WIFE hereby acknowledges that
she has no further claim, right, title or interest whatsoever in the Individual Retirement Accounts of
HUSBAND, and further agrees never to assert any claim to these assets in the future.
-9-
17. PENSIONS: WIFE agrees that HUSBAND's Defined Benefit Pension, acquired
through Highmark Blue Shield, shall remain his sole and exclusive property. WIFE agrees to
waive any interest she may have in such property and further agrees that she will not assert any
such claim in the future.
HUSBAND agrees that WIFE's Defined Benefit Pension, acquired through SERS, shall
remain her sole and exclusive property. HUSBAND agrees to waive any interest he may have in
such property and further agrees that he will not assert any such claim in the future.
18. HUSBAND'S HIGHMARK 40Hk): HUSBAND agrees to transfer, from his
Highmark 40l(k), the sum of ONE HUNDRED FIFTY THREE THOUSAND FIVE HUNDRED
AND 00/100 ($153,500.00) Dollars. Said funds shall be distributed proportionately from tax
deferred and pretax assets. Said transfer shall be made by way of a Qualified Domestic Relations
Order (QDRO) which shall be prepared by Harry Leister of Conrad Siegel Actuaries with the cost
divided equally by the parties. Said QDRO shall be approved by the parties and the plan
administrator and submitted to the Court of Common Pleas of Cumberland County for entry as an
Order of Court. Wife shall receive all growth on the funds from the date of execution of the
QDRO until the date of distribution. HUSBAND agrees that he shall not remove WIFE as the
death beneficiary of said 40l(k) until such time as said transfer is completed. WIFE agrees to
waive any further interest she may have in said 401(k) and further agrees that she will not assert
any such claim in the future.
-10-
19. CASH PAYMENT: HUSBAND agrees that he shall make a cash payment to WIFE
ofTEN THOUSAND AND 00/100 (10,000.00) Dollars. Said payment shall be made within thirty
(30) days of the signing of this Agreement.
20. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both
of the parties, they agree as follows:
(a) The 1997 Pontiac Grand Am shall be and remain the sole and exclusive property of
WIFE;
(b) The 1996 Chevy Astro Van shall be and remain the sole and exclusive property of
HUSBAND.
The titles to the said motor vehicles shall be executed by the parties, if appropriate for
affecting transfer as herein provided, on the date of execution of this Agreement, and said executed
title shall be delivered to the proper party on the distribution date. Each party agrees to be solely
responsible for the amounts presently due and owing against his or her respective automobile.
21. AFTER-ACOUlRED PROPERTY: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items of property, be they real, personal
or mixed, tangible or intangible, which are hereafter acquired by him or her, 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.
-11-
22. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge
that the foregoing provisions for their individual benefit are satisfactory with regard to their
support and maintenance, past, present and future. The parties release and discharge the other
absolutely and forever for the rest of their lives from all claims and demands, past, present or
future, for alimony or for any provision for spousal support or maintenance, except as specifically
provided for herein. The parties further acknowledge that in consideration of the transfers made
herein each completely waives and relinquishes any and all claims and/or demands they may now
have or hereafter have against the other for alimony, alimony pendente lite, spousal support and
counsel fees, except as specifically provided for herein.
23. LIFE INSURANCE: HUSBAND and WIFE acknowledge that they each possess
life insurance policies in their respective names. They hereby agree that each shall become sole
owner of their respective policies and they each hereby waive any interest in, or claim to, any
value of said policies. The parties further agree that they shall maintain the children as
irrevokable beneficiaries on their respective life insurance policies until the children reach the age
of twenty-three (23).
24. COUNSEL FEES: Neither party shall have any liability to the other for
reimbursement of attorney's fees incurred by the other party in connection with the negotiation and
preparation of this Agreement or in connection with any legal or equitable proceedings between
the parties which have preceded the execution of this Agreement.
-12 -
25. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint
Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or
State income tax is proposed, or any assessment of any such tax is made against either ofthem,
each will indemnify and hold harmless the other from and against any loss or liability for any such
tax deficiency or assessment and any interest, penalty and expense incurred in connection
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 failures to disclose the
nature and extent of his or her separate income on the aforesaid joint returns.
26. APPLICABILITY OF T AX LAW TO PROPERTY TRANSFERS: The parties
hereby agree and express their intent that any transfer of property pursuant to this Agreement shall
be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"),
specifically, the provisions of said Act pertaining to the transfers of property between spouses and
former spouses. The parties agree to sign and cause to be filed any elections or other documents
required by the Internal Revenue Service to render the Act applicable to the transfers set forth in
this Agreement without recognition of gain on such transfer and subject to the carry-over basis
provisions of the said Act.
27. DEPENDENCY EXEMPTIONS FOR INCOME TAX: The parties agree that,
beginning in tax year 2006 and continuing until Benjamin can no longer be claimed as a dependent,
HUSBAND shall be entitled to claim Benjamin as a deduction for income tax purposes and WIFE
-13 -
shall be entitled to Daniel as a deduction for income tax purposes. When Benjamin can no longer
be claimed as a dependent, the parties agree to alternate claiming Daniel, beginning with WIFE,
from year to year until he can no longer be claimed as a dependent.
The parties agree to execute Internal Revenue Service Form 8332, and any other document
which may be required in order to allow the other to claim said dependency exemptions.
HUSBAND and WIFE are hereby authorized to file the said form (or copies thereof) with their
future income tax returns and to make such other use of the said form or other documents as is
reasonably necessary to effectuate the provisions of this Paragraph.
28. EFFECT OF DIVORCE DECREE: The parties agree that, except as 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.
29. BREACH: If either party breaches any provision of this Agreement, the other
party shall have the right, at his or her election, to sue for damages for such breach or seek such
other remedies or relief as may be available to him or her, and the party breaching this contract
shall be responsible for payment of reasonable legal fees and costs incurred by the other in
enforcing their rights under this Agreement.
-14 -
30. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may
dispose of his or her property in any way, and each party hereby waives and relinquishes any and
all rights he or she shall now have or hereafter acquire, under the present and future laws 0 f any
jurisdiction, to share in the property or the estate of the other as a result of the marital relationship,
including without limitation, dower, curtesy, statutory allowance, widow's allowance, widower's
allowance, right to take in intestacy, right to take against the Will of the other, and the right to act
as administrator or executor of the other's estate. Each party will, at the request of the other,
execute, acknowledge and deliver any and all instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment of all such interests, rights and claims.
31. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
32. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the
completeness and substantial accuracy of the financial disclosure of the other as an inducement to
the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue
a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest
owned by the other party in an asset of any nature at any time prior to the date of execution of this
Agreement that was not disclosed to the other party or his or her counsel prior to the date of the
within Agreement is expressly reserved. In the event that either party, at any time hereafter,
-15-
discovers such an undisclosed asset, that party shall have the right to petition the Court of Common
Pleas of Cumberland County to make equitable distribution of said asset.
The non-disclosing party shall be responsible for payment of counsel fees, costs or
expenses incurred by the other party in seeking equitable distribution of said asset.
Notwithstanding the foregoing, the Agreement shall in all other respects remain in full
force and effect.
33. 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.
34. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at
the request of the other, execute, acknowledge and deliver to the other any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
35. VOID CLAUSES: If any term, condition, clause or provision of this Agreement
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 be valid and continue in full force, effect and operation.
-16-
36. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a
separate and independent Agreement.
37. MODIFICATION AND WAIVER: A modification or waiver of any of the
provisions of this Agreement shall be effective only ifmade in writing and executed with the same
formality as this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of
the same or similar nature.
38. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations of
the parties.
39. APPLICABLE LAW: This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any
amendments thereto.
-17-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and
year first above written.
Ldifd~
--WITNESS /
-18-
)
~iJ.)Li0 J./bu'
Kathleen A. Acri
/f~~ po L
Kenneth D. Acri
(SEAL)
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ba..lyh/ h
)
)SS:
)
'iIi .~
On this, the;)/I da~of Iller/? (~ ,2006, before me, a Notary Public, the
undersigned officer, personally appeared Kathleen A. Acri, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand anJfficial seal.
~Jj; ,;t~
Notary Public
N()WlW. SEAl.
GI.CllM M. RINE
NolaIY NlIC
em Of HHltlIIIURG. DMlPlef COUN1V
My eommllllOn Elq:llnII NcI'I &. 2007
COMMONWEALTH OF PENNSYLVANIA )
~~. )SS:
COUNTY OF Luuphw\ )
On this, thedLf day of JJa (Ch ,2006, before me, a Notary Public, the
undersigned officer, personally appeared Kenneth D. Acri, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the foregoing Property Settlement Agreement and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
APRil M f UGATE
Notary Public
CITY OF HARRISBURG. DAUPHIN COUNTY
My Commission Expire~ Mar 30, 2008
-19-
Exhibit "A"
mission sofa
mission rocker
mission chairs (2)
shaker end tables (2)
queen bed, mattress, box spring
double bed, dresser, chest of drawers (Danny)
double bed, dresser, bookcase (Ben)
pine blanket chest
oak comer cupboard
oak serving cupboard
kitchen table, 4 chairs
bakers rack
maple end tables (2)
computer desk
gun case
gun safe
folding table (1)
beach chairs (4)
TV stand (black)
crib
32" television
27" television (Danny
DVD player
CD player
camelback sofa
upholstered rocker
wing chair
cherry end tables (2)
barrel table
diningroom table/6 chairs
pine hutch
cherry dresser/night stand
round table w/glass cover
chiffarobe
rocking chair
candle stand
cedar chest
adirondack chairs
wicker love seat, chairs (2)
plastic lawn chairs (4)
folding table (1)
wooden bench
27" television
VCRs (2)
wood basket
brass lamps (2)
aquarium stand
heart table
vases
wood/iron chandelier
Pfaltzgraff dishes
wrought iron comer stand
wrought iron lamp
"Teamwork" picture
Yz of pictures of children, mementoes
window pane mirror
basket picture
her & apple pictures (2)
Longaberger baskets
queen bedding
Christmas buildings
Christmas decorations
silver coffee pot, sugar, creamer
7' and 5' alpine trees
window candles
vase
cookbooks
Longaberger dishes
mixer/food processor
baking dishes (2)
eating utensils
assorted bale linens
ice tea maker
cooking utensils
stereo receiver
speakers
Xbox game system, games (Danny)
Y2 of pictures of children, mementoes
video camera
33mm camera
old projector, family movies
old 35mm camera
wrought iron table lamps (2)
wrought iron floor lamp
LLBean braided rug
carved ducks
family pictures
curtains, blinds (ALL)
wrought iron chandelier
brass chandelier
"Iceman" print
queen & full bedding
towels, washcloths
Christmas decorations
Page 2
.
eating utensils
pots & pans (ALL)
drinking glasses (ALL)
Yz of canning jars, kettle
wine & water glasses
cooking utensils
serving trays
baking dishes
electric frying pan
electric deep fryer
coolers (3)
dehydrator, jerky shooter
washer/dryer
refrigerator
microwave
Weber gas grill
lawn tractor, plow, snowblower
weedwacker
gardening tools (ALL)
fruit baskets
gazebo awning
hose, watering wand
watering can
wine glasses
china, service for 10
plastic cups (Wilt Reunion)
y, of canning jars, kettle
silver eating utensils
crockpot
birdbath
sawhorses (not Ken's grandfathers)
wedding dress
shepherd's hook
planting containers
old plow
garden statue
5' ladder
toolbox (minimal tools)
clothing
savings bonds (Ben, Danny)
wedding album
diamond earrings
aquamarine earrings, necklace
mother's necklace
heart necklace
costume jewelry
Page 3
.
plant food
herbicide
drills (2 cordless, I corded)
ladders (8' and extension)
tools (ALL but her toolbox)
table saw
miter saw
reciprocating saw
grinder
sander
staple gun
Ned Smith Prints
closing
savings bonds
old coins
old P A Game News magazines
hunting & fishing equipment
bricks
old wheelbarrow
metal shelves
hockey equipment
diamond earrings
family pieces
Page 4
KATHLEEN ANN ACRI
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
KENNETH DAVID ACRI
CIVIL DIVISION
NO. 03-1520
CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under 93301 (c)
~~:l9 of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: certified mail, affidavit of RPrv;ce
filed with the Court on 4/17/03 by Susan Candiello, Esquire.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code:
by plaintiff 3/24/06 ; by defendant 3 / 24 / 06
(b) (1) Date of execution of the affidavit required by 93301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4.
Related claims pending:
None.
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with
the Prothonotary: 4/5/06 (mailed to Prothonotary on 4/4/06)
Date defendant's Waiver of Notice in 93301 (e) Divorce was filed with
the Prothonotary: 4/5/06 (mailed to Prothonotary on 4/4/06)
~~.;. ~
/' AttorneYfOr~~
('
'..' ,
f'-)
c::>
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on April 2, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. 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.
5. I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
34904 relating to unsworn falsification to authorities.
Date: 3/;;4)00
~dhv^- A 1b1A '
Kathleen Ann Acri, Plaintiff
,-"
',<_".;"l
,,~;;,
~:Y'
0-" '-'".\
-.--.
r'o.:'
c::'''
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1. I consent to the 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 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.
Date: 3/ }Lr!~ (p
Vlt::urJ/Hl~)/ ArAA'
Kathleen Ann Acri, Plaintiff
.'
--1'1
:.:'.:\
.":-;-1-
cro;
-."
1"',' -..;,j
c:) .-::::.
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed
on April 2, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce.
4. 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.
5. I verify that the statements made in this affidavit are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsification to authorities.
Date: :J. b-~/2.00 iO
'~.~y;:~
Kenneth David Acri, Defendant
.-\
\'.\
~~-~
C""
-- ~
"",,-.
c>
KATHLEEN ANN ACRI,
Plaintiff
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
: NO. 03-1520 CIVIL TERM
KENNETH DAVID ACRI,
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the 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 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.
Date: 3, I )..,..d lCO <0
f}!~K Ct..'_
Kenneth David Acri, Defendant
85776.1
,)
~n
,_?
~, -l"'"
\
cr-
f".;
.' C'\
KATHLEEN ANN ACRI
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
V.
03-1520 CIVIL ACTION LAW
KENNETH DA VID ACRI
IN CUSTODY
DEFFNDANT
ORDER OF COURT
AND NOW,
Tuesday, April 11, 2006 ...._ .........' upon consideration "fthe attached Complaint,
it is hcreby directed that partics and their respective counsel appear before Dawu S. Suuday, Esq. , the conci] iator,
at ~.9."Y~st_Main Street, Mechanicsburg, PA 17055 on Wednesday, May 03,_~~~6_ ....______ al 2:00 PM
for a Pre-Hearing Custody Conference. At such confercnce, an effort will be made to resolve Ihe issues in dispute; or
if this cannot be accomplishcd, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appcar at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Dawn S. Sunday. Esg,~
Custody Conciliator ff
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Oisabi]ites Act of 1990. For information about accessible facilities and reasonable accommodations
availab]e 10 disabled individuals having business before the court, please contact our otTice. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF]CE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland Counly Bar Association
32 South Bedf'lrd Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
r
~
~. ~,
,~
~
:--.: :~J
--t ; :-~
:: ,I .'_:
r'<:
",-,
C':
+.~+.+.
+.Of. +.~:+:
:+::+: :+::+::+::+::+::+::+::+: +:+:+:+:+:+:~:+:~~:+:+++.+~+~++:+: +:+:++.~++~
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
.
+
+
+
++:+:+
+H
;t. 'f '" +
+
+
+
.
+
+
+
+
+
+
+
+
+
+
+
+
+
.
+
+
+
+
+
+
+
+
+
+
+
+
+
+
.
+
+
+
+
+
+
+
+
.
+
+
+
+
+
+
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
KATHLEEN ANN ACRI
PENNA.
STATE OF
03-1520
CIVIL TERM
No.
VERSUS
KENNETH DAVID ACRI
DECREE IN
DIVORCE
AND NOW,~\\
\\.
2006, IT IS ORDERED AND
+
.
+
+
+
.
+
+
+
+
.
+
+
+
.
+
+
+
+
.
+
+
+
.
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
.
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+
+ +
KATHLEEN ANN ACRI
DECREED THAT
, PLAINTIFF,
KENNETH DAVID ACRI
AND
, 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.
AND IT IS FURTHER ORDERED, that the terms, conditions and
covenants set forth in the written Property Settlement Agreement
made and entered ~nto by the part~es on March Z4, ZUU6, are
~~corpOl;ated into this Decree by refe~ence there~ut not merged
A. ~:!!l '/~
'f't'++'f.'!; +'!;'!;'f'f'f 'f +,+,:+:+.+.+.:+:;t; 'f +'f"'+'+'!''f''f
+
.
+
+
+
+
+
+
+
+
+
+
+
+
.
+
+
.
+
+
+
+
+
+
+'f''f'f+'+'f+++'f':+:'f+++'f
J.
PROTHONOTARY
.
+
+
+
.
+
+
+
.
+
+
.
+
+
+
.
+
+
+
+
+
;n-,,~ f:v P ~T~>(' ":/"'i:<
'~"'/d; f',c~ F /jY'z.w ~c.9,:/ /?~J
"7.'J. (~
, V.A/-'
'7(1:5\' '!7
..
MARIA P. COGNETTI & ASSOCIATES
MARIA P. COGNETTI, ESQUIRE
Attorney J.D. No. 27914
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Attorneys for Defendant
KATHLEEN ANN ACRI,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 03-1520
KENNETH DAVID ACRI,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE/CUSTODY
PRAECIPE FOR WITHDRAW AL/ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of KENNETH DAVID ACRI, the Defendant in
the above-captioned matter.
M
MARIA COG
Attorney J.D. No. 7914
210 Grandview Avenue, Suite 102
Camp Hill, P A 17011
Telephone No. (7 7) 909-4060
Dated: 5' ~ q Db
KRI TO ER T. SMULL, ESQUIRE
Attorney J.D. No. 69140
210 Grandview Avenue, Suite 102
Camp Hill, PA 17011
Telephone No. (717) 909-4060
Dated: S-) f 7 ( 0 6
TO THE PROTHONOTARY:
Kindly enter my appearance on behalf of KENNETH DAVID ACRI, Pro Se, the
Defendant in the above-captioned matter.
Dated: S I ( q / 0 (0
q;~~tl. 13-. L
Kenneth David Acri
21 Teaberry Drive
Carlisle, P A 17013
o
~:
C.'.:
.~'-7
~
'-,
,....,
=
=
c;.f"
::L':
:;::l>'
-<
f?,
......t
:J:-n
rnp:
-f'...rn
~~~l.
L~
()O
::':':nl
o
--I
~
N
C1"
-0
~
-
..
c.r.
KATHLEEN ANN ACRI
Plaintiff
, '0 ~ .1"""'-' --:-- _ _ ,_.
L ::~~~~~1_1:~ J
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
'"
vs.
03-1520
CIVIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this ;. ",J. day of ~A1F , 2006, upon
consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated December 22, 2004 shall continue in effect as
modified by this Order.
2. Under Paragraph 3A ofthe prior Order, the Mother's weekday evening periods of custody
shall be extended overnight. The parties agree that they shall give priority to the Children's
preferences if a Child or the Children prefer to sleep at the Father's residence on a given
night, and also as to whether transportation to school is to be by bus from the Father's
residence or by car with the Mother following the Mother's overnight periods of custody.
3. Within ninety days of the date of this Order, counsel for either party or a party pro se may
contact the conciliator to schedule an additional conference to review the custodial
arrangements.
4. This Order is entered pursuant to an agreement at a custody conciliation conference. The
parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
Edward E. Guido
J.
cc: ~dra L. Meilton, Esquire - Counsel for Mother.
yKenneth D. Acri - Pro Se \
\D
~:?
,0
0\9
ss :0\ W~ 2- \~\\\ q~Ui
f.-'u\J:..O\\iC\-\iOBd 3\-\1 -3.0
38\~:O...{}:r\\:\
~
, ~
...
1'-'''' . :..C..'--"="''''
d-
Kathleen Ann Acri
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
Kenneth David Acri
NO. 03-1520
QUALIFIED DOMESTIC RELATIONS ORDER
Identification of Parties:
1. The name, social security number, address and birth date of the Participant is as follows:
Kenneth David Acri
21 Teaberry Drive
Carlisle, PA 17013-9042
Social Security No.: 196-48-3631
Date of Birth: . November 16,1960
2. The name, social security number, address and birth date of the Alternate Payee is as
follows:
Kathleen Ann Acri
54 West Willow Street
Carlisle, PA 17013
Social Security No.: 168-56-3759
Date of Birth: March 30, 1961
Name of Plan to which this Order Applies:
Highmark Investment Plan (the "Plan")
Plan Sponsor:
Plan Administrator:
Highmark, Inc.
Mr. Rich Little
Highmark, Inc.
1800 Center Street
P.O. Box 890089
Camp Hill, PA 17089
· QDRO
Page 2
Award to Alternate Payee:
1. Alternate Payee will obtain $153,500.00 of the value of the Participant's vested account
balance under the Plan determined as of March 24, 2006. Such amount shall be taken
proportionately from the Participant's "before tax" vested account balance and the
Participant's "after-tax" vested account balance.
2. The determined amount will either be increased or decreased to reflect its share of any
investment earnings or losses credited to the Participant's account between March 24,
2006, and the date of assignment of the calculated award to a separate account in the
Alternate Payee's name under the Plan.
3. The calculated award determined above shall be transferred to a separate account under
the Plan in the name of the Alternate Payee as soon as administratively feasible. The
income, accruals, gains, and losses experienced by such account maintained for the
Altemate Payee are to accrue to such account. The Alternate Payee shall have investment
management rights pursuant to the provisions of the Plan for her account under the Plan.
The Alternate Payee may elect to receive distribution from her separate account in
accordance with the terms of the Plan without reference to the Participant's attainment of
"earliest retirement age," as defined in Section 414(p)(4)(B) of the Internal Revenue Code of
1986, as amended.
The assigned amount shall remain in the separate account in the Alternate Payee's name
under the Plan until such time as the Altemate Payee elects a distribution in accordance
with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or
beneficiaries to receive any amount payable from her account under the Plan as a result of
her death.
4. Mter assignment of the calculated award to the Alternate Payee's account under the Plan,
the Participant shall be awarded all right, title and interest in and to the Participant's
account balance, as reduced above, under the Plan free and clear of any interest of the
Alternate Payee.
5. In the event of the Participant's death, there will be no effect on the payment of the benefit
assigned to the Alternate Payee hereunder. With respect to the Participant's account
balance under the Plan not assigned to the Alternate Payee under this order, the Alternate
Payee will not be entitled to any survivor benefits.
6. In the event of the Alternate Payee's death before receipt of the assigned benefit, such
benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is
no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, (b) living children
or, if none, (c) living parents or, if none, (d) living brothers and sisters or, if none, (e) estate;
provided, however, that once benefits have commenced to the Alternate Payee, the form of
benefit elected shall determine if any additional amounts shall be paid upon the Alternate
Payee's death.
QDRO
Page 3
Compliance with the Provisions of the Law:
It is this Court's intention that the provisions of the Order operate as an effective
assignment of said interest under both state and federal law , for all purposes, and
constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the
Internal Revenue Code of 1986, as amended and Section 206(d)(3) of the Employee
Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance
with 23 Pa.C.S.A. ~3502, which relate to marital property rights, child support, ,and/or
spousal support between spouses and former spouses in matrimonial actions. In the event
that it is subsequently determined by the Plan Administrator for the Plan, by a court of
competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the
requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully
and shall execute any and all documents necessary to obtain an Amended Judgment and
Decree containing an Order of this Court, meeting all requirements of a "Qualified
Domestic Relations Order," and this Court expressly reserves jurisdiction over the
Participant's benefits in the above named Plan as ofthe date of entry of the Judgment and
Decree, in order to effectuate the assignment of benefits ordered above. This Order
supersedes all previously filed Orders in this matter relating to this subject.
Savings Clause:
This order is not intended, and shall not be construed in such a manner as, to require the
Plan:
a. to provide any type or form of benefit option not otherwise provided under the terms of
the Plan;
b. to increased benefits, other than through the accumulation of earnings,
c. to require the payment of any benefits to the Alternate Payee which are required to be
paid to another Alternate Payee under another order which was previously deemed to
be a QDRO.
Plan AdministrationlRecovery of Excess Amounts:
1. The Alternate Payee is ordered to report any retirement payments received on any
applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on
any direct payments made to the Alternate Payee.
2. The Alternate Payee shall keep Highmark, Inc. informed of her current address. Notice of
change of address shall be made in writing, witnessed by a Notary, and mailed to:
Ameriprise Trust Company
Attn: QDRO Administrator
1344 Ameriprise Financial Center
Minneapolis, MN 55474
QDRO
Page 4
3. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms ofthis order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit payment
and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10)
days of receipt.
4. The Participant and the Alternate Payee shall hold the plan, Highmark, Inc., and any
fiduciary harmless from any liabilities, which arise from this domestic relations order, including all
reasonable attorney's fees which may be incurred in connection with any claims which are asserted
because the Plan honors this order.
VY~.D'_ L
Kenneth David Acri, Participant
S/f9!00
Date
~~.
S /301 C)&
Date
Judge
b[,'Ob
Date
6/010
;0
0\9
>-
0:-
K
1---
c'
Lu-",.:
( "'.'.:"
~::::::..:: 1,," :
LL.. __,
f~L_ ""_"
9h
an:
UJo..
fflU
~
~
'--C
g
l:'.,J
1..0
Q
i?
if
-
I
;;e
~
KATHLEEN ANN ACRI
Plaintiff
r-
I
\ Oel 1 0 2006~1
IN THE COURT OF COM~PLEA.SOF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CIVIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
ORDER OF COURT
AND NOW, this If A day of (; ~ , 2006, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The prior Order of this Court dated December 22, 2004, shall continue in effect as modified
by this Order. The prior Order dated June 2, 2006 is vacated.
2. The parties shall abide by the Child's preference as to whether he will stay overnight at the
Mother's residence or return to the Father's residence to sleep on the Mother's weekday evening
periods of custody. Ifthe Child chooses to return to the Father's residence to spend the overnight, the
Mother's period of custody shall end at 9:00 p.m. If the Child chooses to remain overnight at the
Mother's residence, the Mother shall transport the Child to school on the following morning or the
Child shall ride the bus from the Father's residence, also as determined by the Child's preference.
3. 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 consent. In the absence of
mutual consent, the terms of this Order shall control.
4. Neither party shall be permitted to file a child support claim based solely on modification of
the Mother's periods of custody under paragraph 2 of this Order.
Edward E. Guido
J.
cc: 4a L. Meilton, Esquire - Counsel for.Mother
~;~th D. Acri - Father
" .
\Ji t"l''''i/IYL\.S\JI''J3d
I 'r I'-'~""'l' r-',-'^!!"I~
IU" \1; ii" . , 'r)'.!! tv
Sf: : I nnf II 1::10900l
AHvlCi\C'IJ.C),:id 3Hl :30
j:Jl:!:iG-eJ3l!:l '
KATHLEEN ANN ACRI
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
03-1520
CIVIL ACTION LAW
KENNETH DAVID ACRI
Defendant
IN CUSTODY
Prior Judge: Edward E. Guido
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 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
DATE OF BIRTH
Daniel Acri
October 5, 1990
2. A conciliation conference was held on October 5, 2006, with the following individuals in
attendance: The Mother, Kathleen Ann Acri, with her counsel, Sandra L. Meilton, Esquire, and the
Father, Kenneth David Acri, who is not represented by counsel in this matter.
3. The parties agreed to the substance of the attached proposed Order, although the wording,
which does not provide a presumption as to whether the Child will choose to stay overnight at the
Mother's residence on Monday and Wednesday evenings, is the recommendation of the conciliator.
The parties agree that the Child will determine at which residence he will sleep on those school nights.
(jc.Jr:; ~ S" I dQ) it
,
Date
Da~!1T
Custody Conciliator