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Home My WebLink About01-0695 FX . " w'- "'; , ~~ 1.'- .. f , . . . . . . . . . . ... . - ~ .'.i.< ~:...; . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . PENNA. STATE OF CARLA J. FUDOLT, Plaintiff NO. 01-695 GTVTT. . . VERSUS . . ERIC S. FUDOLI. Defendant . . . . . DECREE IN DIVORCE AND NOW~~ "J'1 ~ \ IT IS ORDERED AND DECREED THAT CARLA J. FUDOLI , PLAINTIFF, AND ERIC S. FUDOLI , 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. The Post-Nuptial Agreement dated December 18. 2001 is herebv incorporated but not merged . ;to,.,:+: :f :f. . . . . . ;f. ff. '" '" .. '" "':Ii ;ti :+: . . ,'.. 'f, . . . . "' . . . . . "' "' "' "' "' "' . . . "' "' . . "' "' "' . "' "' . . . "' "' "' "' . "' "' . . . . . . . . . "' . . "' . . . . . . "' "' "' . . . . . . . . . . . J. . . . . "' . . . . i~,~." ,~, ~..,-. '''' - 10l'd)7_tJ/ I;; <J7.tJ/ p 'r,' ,. "~, .I~~"""'" .. , "~.~ i ~ .,';... ~.. "~ w~~-#;i1J~~ ~~$~~ . , mP!1-.mJ,;,.-'~'"''"~'"~'l'" ..... ~ ~~.~"f""r"" ,!Wl,,!l.m"""~~'~"":"~r;" ". ,- I ~,'!JW -"'. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE '" je, CARLA 1. FUDOLI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0 ( - ~9:J CIVIL TERM : CIVIL ACTION - LAW v. ERIC S. FUDOLI, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in i the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania I 70 I 3 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By: LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 'I ,; ;"c,.'-;;"t'i CARLA 1. FUDOLI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . -' : NO. 0/. r. 95 CIVIL TERM : CIVIL ACTION - LAW ERIC S. FUDOLI, Defendant : IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff CARLA 1. FUDOLI is an adult individual residing at 4183 Grouse Court, Apartment 104, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant ERIC S. FUDOLI is an adult individual residing at 4227 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on July 4, 1997 in Hilton Head, South Carolina. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE ... . ;-.1 6. Neither party is a member of the armed forces ofthe United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, CARLA 1. FUDOLI requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EOUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired personal property and debts during their marriage from July 4, 1997. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. -2- , . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WHEREFORE, Plaintiff CARLA 1. FUDOLI requests this Court to order equitable distribution of marital property and to order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. Date: February 2,2001 By: 'K~. Philip H. pare, E qUlre 44 West Main Street Mechanicsbutg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff CarlaJ. Fudoli -3- , , LAW OFFICES SNELBAKER, BRENNEMAN & SPARE I " VERlFICATION I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: February 2, 2001 dulL ~ ~ C a 1. Fudoli I A F!LEO 'OI=FiCt C~ "C'". """'-""""11'"'' Ji ;:"'.L: ;-':';U~~'~~__ij"i\, f^\i'\r 01 FER -:5 Ml 8: 37 CUM8triUi<D COU;\JTY PENNSYLv/\NIA I 75:. ({'O f/?f sp <<e 5- CJO SAT I I?O,SC> /S.OO o.oId'1-"Il^al <..GC.i-+ /CfS, ~ fe>1 ?1} ~J4t! 193 R-=# i ~ ~ . ~ .& ~ a . I I I 1 ~ I L ~ ,~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE l_ .~. CARLA 1. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-695 CIVIL TERM Plaintiff vs. ERIC S. FUDOLI, Defendant IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY PENDENTE LITE. COUNSEL FEES, COSTS AND EXPENSES Plaintiff Carla 1. Fudoli, Petitioner herein, by her attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Petition and in support thereof states the following: 1. On or about February 5, 2001, Plaintiff Carla J. Fudoli filed a Complaint in Divorce. 2. Plaintiff Carla J. Fudoli, Petitioner herein, has retained Philip H. Spare, Esquire of Snelbaker, Brenneman & Spare, P. C. as her counsel. 3. Petitioner will incur considerable expense in preparation of her case and the employment of counsel and other experts necessary to analyze and prepare testimony concerning the financial aspects of Plaintiff s/Defendant's income, investments and the parties' marital property including a home and the tracking of Defendant's investments during the marriage and after separation. 4. Petitioner is without adequate funds to support herself and meet the costs and expenses of this litigation and is unable to sustain herself during the pendency of this action. 5. Defendant Eric S. Fudoli, Respondent herein, is presently employed and receives compensation in excess ofthat earned by Petitioner. 6. Respondent has failed to support Petitioner adequately since the parties' separation. . i. :1 II -. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE .~ 7. Respondent has wrongfully denied his duty of spousal support owed to Petitioner in the support case docketed to No. 00594 S 2001 in the Cumberland County Domestic Relations Section. A hearing on the issue of denial of husband's duty to support is scheduled to be heard during a regular session of support court on Monday, October 15,2001 at 9:00 a.m. in Courtroom No.2. 8. In the interests of judicial economy, the issues raised in this Petition and the support case should be heard at the same time. 9. Respondent and his father are residing in the martial home. WHEREFORE, Petitioner Carla J. Fudoli requests this Court to issue a Rule to Show Cause, schedule on hearing to address the issues raised in this Petition and the support appeal and to direct Respondent to pay Petitioner alimony pendente lite, counsel fees, costs and expenses. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: \;){)~~~ ~~uire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Date: September 17, 2001 -2- , " LAW OFFICES SNELBAKER. BRENNEMAN & SPARE L';--'- l' ''1: CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy ofthe foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PA 17112 :il~ SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Plaintiff Carla J. Fudoli Date: September 17,2001 I il II '~ ~ .~ . . , " 1 ;'1 I i!!I . ~~}--:Ji~:'FiCE ,'~ "'(',T',~" nTARY !.jt~ , i ',,'j'!U, 01 SfP 17 Pfl12: 33 CUM8U!IJJD COUNTY PENNSYLVANIA . . ~ ~~ ~ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ,\."'.,,,.', " ..... CARLA J. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : NO. 01-695 CIVIL TERM ERIC S. FUDOLI, Defendant : IN DIVORCE ORDER AND NOW, this 2/ld. day of Octobett ,2001, upon consideration of Plaintiffs Petition For Alimony Pendente Lite, Counsel Fees, Costs and Expenses, a Rule is issued upon Defendant Eric S. Fudoli to show cause why the relief requested should not be granted. Rule Returnable at a hearing to be held on the 15th day of Octobett at 9,00 o'clock ...A..-.M. in Courtroom 2 , 4th Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. The issue of Defendant's denial of his duty of spousal support will also be addressed at that time. A copy of this Order shall serve as said Rule when served upon Defendant and/or his counsel. , !! 'I Ii , ilJl. ." ." ..~ .ew.. ,'. !,~,~ -!!'!'""l""', _J,: ,,:',';r,iI1V' {-1 < O,r"lY 1,_;J !,.__; u. ~~. r; -IV L ,~! II.~":~-:"." ," c.,. ~'..". J j' ~.., t 'V ~t;L,"._ J oCr",''.,', I I ,I ,': ,\! 1\' "~,-, .""" ',....'--"-'11111 IwI:J1JNSYL\,'/V\!!J\ ... ",," <'.' If-!'!ml;'"''W''JlIffitMII'''Jfll!\'lU,1'f~,~,,,, _~".~_ffli!P; '.' ',,> ",~i"""'" ' , .= ~ _JIJ~~!iI'.~.""ni.II!I!!,~:~. Ai ~~1 .,~~:,,~~C:<-;,,; Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARLA 1. FUDOLI, vs. : No: 01-695 CIVIL TERM ERIC S. FUDOLI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /j day of October, 2001, upon request of both parties as set forth in Attorney Spare's letter dated October 12,2001, the hearing scheduled in the above- captioned case for Monday, October 15,2001 at 9:00 o'clock a.m. is hereby continued generally. Either party may relist the matter for hearing if necessary. By the Co~; / Lori fY\.C\\\eol to ,/ J fl. ({e,n ~oiJ 1)';S'0 f", 0,1\01 jJrrsOf\tl1iy ~i!1~/") -\0 ~llf Srr<. LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE '~ , ,- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CARLA J. FUDOLI, i , t I I I r k i' I> I, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 01-695 CIVIL TERM : CIVIL ACTION - LAW I I i , I I i i: I l, ERIC S. FUDOLI, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Kindly withdraw Plaintiffs Petition for Alimony Pendente Lite, Counsel Fees, Costs and Espenses filed with your office on September 17, 200 I. The issues raised in said Petition were resolved by the parties' Post-Nuptial Agreement dated December 18, 2001. Respectfully submitted, Mft/!ii;1rre Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff, Carla J. Fudoli f. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Kristin R. Reinhold, Esquire Silliker & Reinhold 5922 Linglestown Road Harrisburg, PAl 7112 ~ 3/, ~ool Date~ ~ PhQ!&~~ Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Plaintiff, Carla 1. Fudoli II " ~..~- Fil.FD~:.JiTjCE "'f' "1"- """."I^I""l"tl1TY L". !, r c, ,'. -,,";'; :'J"\',"}" III o I nEe 31 Pi'l 3: 03 CUMBERLA['1lJ COUNTY PENNSYLVANIA 'I J I I I I ~ ; LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CARLA 1. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-695 CIVIL TERM CIVIL ACTION - LAW ERIC S. FUDOLI, Defendant IN DIVORCE PLAINTIFF'S AFFIDA VII OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on February 5, 2001. 2. The marriage of the Plaintiff and the 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 of divorce after service of notice of intention to request entry of the decree. 4. 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. 9 4904, relating to unsworn falsification to authorities. Date: I'J/rr/()/ a ~ \}.. ~vc>>t.' ~a 1. Fudoh (Plaintiff) . I ! - " r", ;,,. ""'~' : '~;1I,Yr{ 0.1 DEe ! 9 (" n'; U', '"' cur\/f3~J:i...,' :'):":'Uf',nY PENl'~SYt;\/)\]\jl/\ , LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , , CARLA 1. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-695 CIVIL TERM : CIVIL ACTION - LAW ERIC S. FUDOLI, Defendant : IN DIVORCE PLAINTIFF'S 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 . 4. 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. S 4904 relating to unsworn falsification to authorities. Date: P /lrr/o ( ~1;F~ (Plaintiff) i ,~ -,'-, ',' r "'~ I (' ,oj 1"..1 . .,; <,.1 I ,.: , ~.... (1: OS C'" ""1:':'-" ",II.\IT\I ,UIVi .)~...i ;'.-i '~.",-,,-,, ~ i I PE~lNSYLVj.\Nil\ , I I I 1 i ,I :,'" LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE "<<, , " '- . ., CARLA 1. FUDOLI, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-695 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. ERIC S. FUDOLI, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 330HC) OF THE DIVORCE CODE 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on February 5, 2001. 2. The marriage ofthe Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date ofthe filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S 4904, relating to unsworn falsification to authorities. Date: /2- -1<;- " I ~S~.' Z:;Eric S. Fudoli (Defendant) . o! ere ,_I.' C/ ",," "I n: (15 CUl\i;J~};~_t ,>.. ;)~;Lr\TY PEI\~NSYLV/\t~1/\ , I · ! . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE '", ", . " .,. " CARLA J. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 01-695 CIVIL TERM CIVIL ACTION - LAW ERIC S. FUDOLI, Defendant IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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. 4. 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. S 4904 relating to unsworn falsification to authorities. Date: /;)) I B / 0 / ~~~, Eric S. Fudoli (Defendant) I ~ I I i .. . , , I I" I [i',' I'" 1\ ' 0' ,} l' - \:; ;'~i l (~i: 5 ";;' ',Il\rty : ,\',1''', '-,,,,''-'-' PEN~,')SYLV/\Ni!\ LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CARLA J. FUDOLI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 01-695 CIVIL TERM CIVIL ACTION - LAW ERIC S. FUDOLI, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) Philip H. Spare, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm ofSnelbaker, Brenneman & Spare, P. C., being the attorneys for Carla J. Fudoli, the Plaintiff in the above captioned action in divorce; that on February 5, 2001, he did send to Defendant Eric S. Fudoli by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7099 3220 0010 06114506; that both the Complaint and cover letter were duly received by Eric S. Fudoli, the Defendant herein, as evidenced by the return receipt card for said certified mail dated February 10,2001; that a copy of the aforementioned cover letter dated February 5, 2001 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true LAW OFFICES SNELBAKER. BRENNEMAN & SPARE '~,;,- and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 181h day of December, 2001. J",_/ Y, Notarial Seal SUsan L Zych, Notary Public Mechantcsburg Boro, Guml)er\a.'1d,Counly My CommissiOn Expkas Nov. 24, 2003 Mnmbef, Pennsi!'Jania AW..Jaf,oo of Nmanes ~ -2- ~.~..;v-. '. ~, ~~ SNELBAKER. BRENNEMAN <9 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C. SNElBAKER KEITH O. BRENNEMAN PHILIP H. SPARE 717-697-8528 P. O. BOX 3J8 FACSIMILE (717) 697-7681 February 5, 2001 CERTIFIED MAIL NO: 7099322000100611 4506 RETURN RECEIPT REQUESTED RESTRICTED DELIVERY Eric S. Fudoli 4227 Nantucket Drive Mechanicsburg, P A 17055 Re: Divorce Action In the Court of Common Pleas of Cumberland County, Pennsylvania Dear Mr. Fudoli: Please note this firm's representation of Carla Fudoli in a recently filed divorce action. Enclosed for service upon you is a certified, true and correct copy of the Complaint in Divorce. You should take these important legal documents to your attorney to discuss your legal rights. It is our intention to attempt to settle this case on an amicable basis. The first step in evaluating the economic circumstances is to collect information regarding marital property. Once the information is gathered, we will be in a position to propose a settlement. Please discuss the question of providing us with pertinent economic information with your attorney at your earliest opportunity. Please have your attorney contact me as soon as possible to discuss how best to move this case forward. Sincerely, Philip H. Spare PHS:jjc Enclosure cc: Carla J. Fudoli EXHIBIT A I .JJ o Ul =r- .-'I .-'I .JJ o ,sz; Postage $ Certified Fee $1.90 1.50 3.20 Return ReceIpt Fee c::J {Endorsement Required) .-'I c::r I3estrlcted Delivery Fee CJ (Endorsement Requlred) Total Postage & Fees $1.15 , 0 o OJ ru N. e (Please PrInt Clearly) (To be complet6d by mailer) m . Eric S. Fudo1i _g: s;;eei.(i.~~o:;~~::~~r~-~";~~.;~-"'._-'."---"._--'.._---------..---.-- Rcii;;Si.,i:Zii>;:........'Me.cnanl"cstiii.rg-;..1'A...--171J5S..-.-.. PS Form 3800, July 1999 See Revel50 for Instpld ons flImpletEl itElms1, 2;~d 3. AlSo complete it6lm4 if Restricted Delivery is desired. . -Print your name and address on the reverSe so'that we can return the card to you. . Attach this. card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Eric S. Fudoli 4227 Nantucket Drive Mechanicsburg, PA 17055 D. Is delivery address differel1t from item 1? If YES, enter delivery address below: o .Agenl o DYes ONe 3. 2. Micle Number (Copy from service label) :',: ';'ii':;,; 'i ji ,.,,',;iJ. i\i )" i~.lF~ ~1~~, ~~1~1~~9~7;i d H' i. ,I tl~tii k~~~ ~~t L__ ----"-~._--------'---"'--~-- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ; I " ~ " 102595-00fM49$2 EXHIBIT B - ...\,~tH{ ~j \ r~~ r~, iJ ~ 1", ~ " e': nS C1 )"...:!::" ~,; , '. ~ -'; (.r;1 \\!,"\"'J \..H"~"'" _ ,..~ '.....---'J\~ I Ft:',\,t\'<2N0Jf\N\;, I ~ , 1 .iJ - ,- ,~",-.,~,,- ':_'~:'~'. ."..,,,i,~., "'-;"',' , POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this ~day of (}ea:+t.O~ ,2001 by and between: CARLA 1. FUDOLI, of 4183 Grouse Court, Apartment 104, Mechanicsburg, Pennsylvania, party of the fIrst part, hereinafter called "Wife", AND ERIC S. FUDOLI, of 4227 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter called "Husband"; WI1NESSETH: WHEREAS, Husband and Wife were married to each other on July 4, 1997 in Hilton Head, South Carolina and last resided together at 4227 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania; and WHEREAS, during their marriage the parties accumulated various assets and property which is more fully itemized and identifIed in a certain list or schedule attached hereto marked "Exhibit A" and incorporated herein by reference thereto; and WHEREAS, certain differences have arisen between the parties, as a consequence of which they separated on or about October 15, 2000 and now live separate and apart from each other; and WHEREAS, Wife commenced an action in divorce docketed at No.Ol-695 in the Court "" .- - -, ,I , of Common Pleas of Cumberland County, Pennsylvania (hereinafter called "Divorce Action"); and WHEREAS, Wife is represented by Philip H. Spare, Esquire of the firm of Snelbaker, Brenneman & Spare, P. C. Husband is represented by Kristin R. Reinhold, Esquire ofSilliker & Reinhold; and WHEREAS, the parties having a full opportunity to be advised of their respective rights, duties and obligations arising out of the marriage and each having a full opportunity to investigate and evaluate the assets, liabilities and all other aspects of each other's property and their jointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: I. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties agree that the items of property set forth in "Exhibit A" are all of the assets which they acquired during their marriage and which would be the subject of equitable distribution if submitted to a court for division under the provisions of the Pennsylvania Divorce Code. The parties declare and agree that they are familiar with said assets and hereby waive the evaluation thereof, although each party declares that she/he has had full opportunity obtain such evaluation. -2- .:' ~ .~ " " '~ 3. MARITAL HOME. The parties acquired a home known and numbered as 4227 Nantucket Drive ("Premises"), Mechanicsburg, Cumberland County, Pennsylvania during the marriage. The property was conveyed to the parties by deed recorded in Deed Book 186, Page 365 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. A lien exists against the premises evidenced by a mortgage to PHH Mortgage Services Corporation (later assigned to another entity) recorded in Mortgage Book 1486, Page 473 in said Recorder of Deeds Office. In exchange for Husband receiving Wife's interest in the marital home, and in consideration of the overall distribution of marital property, Husband shall pay to Wife the amount oftwenty-seven thousand five hundred dollars ($27,500.00) at the time of execution of this Agreement. Wife shall execute a deed transferring her interest in the marital home to Husband at the time of execution of this Agreement, which deed shall be held in escrow by Wife's attorney until Wife's mortgage obligation is released, Husband refinances or the home is sold as set forth below. Within three (3) months of the date of this Agreement, Husband shall obtain a release of Wife's obligation for the mortgage in a recordable form acceptable to Wife's attorney, or, in the alternative, he will refinance the mortgage within three (3) months of the date of the final decree in divorce. In the event neither ofthe two alternatives occur within the given time frames, the marital home shall be promptly listed for sale with a reputable real estate broker at or below its fair market value and shall be sold as soon as practicable. In the event the marital home is sold, Husband shall be solely responsible for any and all costs and expenses related to the sale and Husband shall receive the net proceeds from the sale of the home. Husband shall be solely responsible for payment of all costs and expenses related to the -3- :.1" "- 't', Premises, including, but not limited to mortgage payments, real estate taxes, maintenance, repairs, association fees, and insurance. 4. DIVISION OF ASSETS. Upon the execution ofthis Agreement and except as otherwise provided, the parties agree to divide, allocate, retain and/or transfer the assets shown on "Exhibit A" as follows (the items numbers refer to the corresponding numbers on "Exhibit A"): A. ASSETS TO WIFE 1. Pension, profit-sharing, retirement or similar benefits from Wife's employers; 2. Household goods, furniture, personal effects and all other items of tangible personal property currently in Wife's possession; 3. Legg Mason Individual Retirement Account No. 339-73489 in Carla's name with a value of $790.65 as of March 31,2001; 4. Nationwide Family of Funds Roth Individual Retirement Account Nos. 21- 2100006781 and 21-2100006777 in Carla's name with a total value of$4,556.33 as of March 30, 2001; 5. Two Pittsburgh Home Savings Individual Retirement Accounts in Carla's name with a combined value of $6,099.75 as of April 13, 2001; 6. Waypoint Bank Savings Account No. 2360003790 in Carla's name with a balance of $2785.09 as of April 16, 2001; 7. Waypoint Bank Checking Account No. 3100007042 in Carla's name with a balance of $54.68 as of April 3, 2001; B. ASSETS TO HUSBAND 8. Pension, profit-sharing, retirement or similar benefits from Husband's employer; 9. Household goods, fumiture, personal effects and all other items oftangible personal property currently in Husband's possession; 10. Nationwide Savings Plan 40 I (k) for Employee No. 124696 in Eric's name with a value of $50,929.55 as of March 31, 2001. The parties acknowledge that Eric's 40 I (k) plan had a balance of $24,786.77 as of the date of the parties' marriage; 11. Nationwide Roth Individual Retirement Account No. 21-2100001150 in Eric's name with a value of$I,178.28 as of March 30, 2001; 12. Legg Mason Account No. 339-05209 in Eric's name with a value of$33,501.56 as of April 30, 2001; 13. Legg Mason Roth Individual Retirement Account No. 339-72041 in Eric's name with a value of $4,304.55 as of April 30, 2001; 14. Marital Home known and numbered as 4227 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania -4- ,,,' ~ ~ - I -, " <.~ <, , '.lUj..t1f;:~ t 5. MARITAL DEBT. Parties acknowledge and agree that the only unpaid marital debts remaining is the HomeSide Lending, Inc. mortgage debt loan number 18865858 on the marital home known and numbered as 4227 Nantucket Drive. Husband shall be solely responsible for payment of this debt and any costs or expenses related thereto. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife for any of the debts set forth hereinabove, Husband will at his sole expense, defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Wife. 6. PRESENT AND FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of separation shall be the sole and separate liability and responsibility ofthe party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 7. RELEASE OF RIGHTS UNDER DIVORCE CODE. Except only as specifically provided to the contrary hereinabove in this Agreement, each party hereby waives and forever releases the other party of and from any and all claims which either may have against the other by -5- , reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, spousal support, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. Within twenty (20) days of the date of this Agreement, Wife shall withdraw her petition for child support and her petition for Alimony Pendente Lite. 8. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal and otherwise, which is presently titled in his or her name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party. 9. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit -claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an action for the enforcement or performance of this Agreement which may be instituted pursuant to the remedies -6- '", " " -" '..'. available under the Pennsylvania Divorce Code. 10. SURVN AL OF AGREEMENT. It is the intention of the parties that this Post- Nuptial Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 11. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 12. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that this Post-Nuptial Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other to the extent same has been requested by each of them. 13, ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. The parties acknowledge and agree that -7- - ,I ~ -',- , '... '-"He -,,~,~v' ,'^' "',- the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 14. WANER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 15. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Co=onwealth of Pennsylvania. 16. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. 17. BREACH. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance or to seek any other legal remedies as may be available, and the defaulting party shall pay the -8- i' ~~, ., - ---J~'';'~' "'" ., - , ,~ ~~,~,'i> " reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 18. AFTER-ACOUIRED 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. 19. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 20. INDEMNIFICATION. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or -9- ."" ,--.,.'1. '~, , , ~ '.- , - ""., . ~ :iol default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. MODIFICATION. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 22. SEVERABILITY. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. AFFIDAVITS. The parties agree to each sign Affidavits of Consent and Waivers of Notice contemporaneous with the execution of this Agreement. IN WIlNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: (!~}. ~(SEAL) Carla J. Fudoli ~~>~ ~ic S. Fudoli (SEAL) -10- -">, Jl ~ I I. '" ~ ~~> .""""""0 , . EXHIBIT A CARLA 1. FUDOLI and ERIC S. FUDOLI 1. Pension, profit-sharing, retirement or similar benefits from Wife's employers; 2. Household goods, furniture, personal effects and all other items oftangible personal property currently in Wife's possession; 3. Legg Mason Individual Retirement Account No. 339-73489 in Carla's name with a value of$790.65 as of March 31, 2001; 4. Nationwide Family of Funds Roth Individual Retirement Account Nos. 21-2100006781 and 21-2100006777 in Carla's name with a total value of $4,556.33 as of March 30, 2001; 5. Two Pittsburgh Home Savings Individual Retirement Accounts in Carla's name with a combined value of $6,099.75 as of April 13, 2001; 6. Waypoint Bank Savings Account No. 2360003790 in Carla's name with a balance of $2785.09 as of April 16, 2001; 7. Waypoint Bank Checking Account No. 3100007042 in Carla's name with a balance of $54.68 as of April 3, 2001; 8. Pension, profit-sharing, retirement or similar benefits from Husband's employer; 9. Household goods, furniture, personal effects and all other items of tangible personal property currently in Husband's possession; 10. Nationwide Savings Plan 40 I (k) for Employee No. 124696 in Eric's name with a value of$50,929.55 as of March 31,2001. The parties acknowledge that Eric's 40l(k) plan had a balance of $24,786.77 as ofthe date of the parties' marriage; 11. Nationwide Roth Individual Retirement Account No. 21-2100001150 in Eric's name with a value of$I,178.28 as of March 30, 2001; 12. Legg Mason Account No. 339-05209 in Eric's name with a value of$33,501.56 as of April 30, 2001; 13. Legg Mason Roth Individual Retirement Account No. 339-72041 in Eric's name with a value of $4,304.55 as of April 30, 2001; 14. Marital Home known and munbered as 4227 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania; . ~-li -','j-:' .. < :}!/ ,:flY .. L r.!:~~-' I '~~ ;-~i'~i E1~ n7 cur,.,:' . ", :'-, i CC(I\JTY Fc,\:i\!SYL'/)\NIA I I . I \~ i ili g m i I I ~ .~ I J ~ , ~~ LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE '''"" t CARLA 1. FUDOLI, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-695 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. ERIC S. FUDOLI, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on February 10,2001 (see Affidavit of Service filed concurrently herewith). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: December 18, 2001; by the Defendant: December 18,2001. 4. Date of execution of Waiver of Notice in Section 3301 (c) Divorce: by the Plaintiff: December 18, 200 I; by the Defendant: December 18, 200 I. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: December 19, 2001 BY:~~ Attorneys for Plaintiff i'I J ~.): f\ f;, I" ,,)i '~.I :'.:.' (;: rJ;\ _ ".i I',! \ V ("l\.1;',:i., ;,'> , /"..t.) ',.~~-.)~..J>r'iY U\.J':..J-, ,- . \ '~'I'\" w .....f~o \',1('\/, IIf'- \:(, !'~..::f\\h\)l!.-., ' - C:CUNTf PE}~[\jSYLv;~NV\ I J j I r I I ~ . "-'-~. " . --'-W;'~' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CARLA J. FUDOLI ) Docket Number 01-695 CIVIL Plaintiff ) vs. ) PACSES Case Number 830103866/D31051 ERIC S. FUDOLI ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 7TH DAY OF JANUARY, 2002 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other REQUEST FOR APL CONFERENCE filed on SEPTEMBER 25, 2001 in the above captioned matter is dismissed without prejudice due to: PARTIES RESOLVING ALL ISSUES BY POST-NUPTIAL AGREEMBNT OF DECEMBER 18, 2001 AND THE FINAL DIVORCE DECREE OF DECEMBER 27, 2001. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Philip Spare, Esquire Kristin Reinhold, Esquire JUDGE Edgar B. Bayley ~"..." . "",~."" '," " ' , /-~-,?}. Service Type M Form OE-506 Worker ID 21005 ".fD-O,::FiCE ". h,' -'~\'''! 'r" !^'-'ARY !: . ";.",;i:"\)!\'U!h 02,J.!l.N-g P113:57 CUM8EdU\;~J COUN1Y PElIii\!SYLVANlA . I ~ 1.i . a I . ;; .~ ~ ~ ~ ! ! i ill ~ ~ ~ . ~