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Home My WebLink About01-0717 FX ,_, ~ "-",-" :..h,,'-. ,__, ""~- " '"-,~ '-,Y~'","l,,-~ - ~ ,. ,. A." .~ ," " ~ ~ ~ ~ ~~ ~~ ~ ~~~ " " " " " " " " " " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY " " " PENNA. STATE OF KARENA L. POSCHI Plaintiff NO. ;;>001 0717 " " " " " " VERSUS ANTHONY J; POSCHI Defendant " " " DECREE IN DIVORCE " " " " " AND NOW, JJ~~ Zl' , Z-ot:II ,IT IS ORDERED AND " DECREED THAT KARENA L. POSCHI , PLAINTIFF, " ANTHONY J. POSCHI , DEFENDANT, AND 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; " " " All related claims resolved by a Marital Settlement Agreement dated December 24, 2001 are incorporated herein. " " " " " ~ ~ ~ ~ " By THE COURT: . / /I~. Am'a . ~ ,,;;/~ 3 PROTHONOTARY " " " "" " " " " " " J. -do-~_i( " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " , , , " " , " " " , , , , , " " " , , , , , , , , , " " " . i...,..",,,,. '''', , .~ , 31 ,1;).>(' t:J1 /::< '~'.i?(' 3( ,',cr- """- I' ,".-, 'i . * fJvf- ~ fi1~/ ~ 4 /~ ~~~;Z 4~;:f ~ , ~ !tI! _ ." ~ ~ 1JIIl~ ~~!!Ii~\l'jllWg!~~mtl!_~""1'~"",C!'._d" IQn ',> t~~!.Y0'_'t?__',;'e<~" i;!!~~.."'" ~~ ~J~ ~. ~, , , ,-'. ~,-",- , " - "'J, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KARENA L. FOSCHI, Plaintiff * No. 01 - '717 C?;()l'C~~ * * vs. * * ANTHONY J. FOSCHI, Defendant * CIVIL ACTION - LAW * NOTICE TO DEFEND AND CLAIM RIGHTS YOU flA VE 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 OF THE MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE YORK COUNTY COURTHOUSE, 28 EAST MARKET STREET, YORK, PA I7401. 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 TffiSPAPER 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. Conrt Administrator Cumberland Connty Courthouse 3 S. Hanover Street Carlisle, P A 17013 Telephone: (717) 697-0371 , ~ ',<' '. , -~- w'<.~L_; . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KARENA L. FOSCHI, Plaintiff * No. r.9 1- 7 1'1 G.;;;...( ~ * * vs. * * ANTHONY J. FOSCHI, Defendant * CIVIL ACTION - LAW * COMPLAINT IN DIVORCE COUNT I 1. The plaintiff is Karena 1. Foschi, who currently resides at 7 North Alydar Drive, Dillsburg, York County, Pennsylvania since December 1994. 2. The defendant is Anthony J. Foschi who currently resides at 830 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania since September 2000. 3. There is one minor child of the parties: Connor 1. Foschi, dob 9/15/94. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married September 7, 1990 at Hanover, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. The parties have not entered into a written agreement as to alimony, counsel fees, costs, and property division. 9. 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. Being so advised, Plaintiff does not .. ~,- ,~ ,-" --~ I. ,~~'~ . ", ~',,-- -. "", ':'." , , by the Court. 1 O. The cause of action and sections of Divorce Code under which Plaintiff is proceeding are: (a) ~3301(a)(6). Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. (b) ~3301(c). The marriage ofthe parties is irretrievably broken. II. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court enter an Order dissolving the marriage between the Plaintiff and Defendant. COUNT II - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3502(Jl) OF THE DIVORCE CODE 12. The allegations of Paragraphs one (I) through twelve (12) are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have individually or jointly acquired real property and personal property during the marriage, in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff requests the Court to determine and equitably distribute, divide or assign said marital property, pursuant to ~3S02(a) of the Divorce Code. COUNT III -- ALIMONY 14. Paragraphs one (I) through thirteen (13) are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. ........... , . - ^" ,,~ --, , , L_'_,,~_,~ -", " 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of alimony in her favor. COUNT IV -- ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 17. Paragraphs one (I) through sixteen (16) are incorporated herein by reference as though set forth in full. 18. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Respectfully submitted, Dated: /-30-0/ I~ Timothy J. E uire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 !.D. #77944 ~"""',- ~~ ~~"_..,, ,~ ~ti:2!\.' VERIFICATION I, Karena L. F oschi, verifY that the statements made in this document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. ~r:~ ,..-; Date: h V1 u au; ~( lev/ Karena . Foschi Plaintiff ~""- . ,"',-> .,- ~ ~ < - --" "",-\:.,' ,,j ~- ...; -, ~, ,ntr' .' KARENA L. FOSCHI IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. No. 01-717 ANTHONY J. FOSCHI Defendant CIVIL ACTION -- DIVORCE ORDER OF COURT AND NOW, this J~daY of ~ ,2001, upon consideration of the foregoing stipulation and on motion of Timothy J. Colgan, Esq., attorney for Plaintiff, Karena 1. Foshci, and Constance P. Brunt, Esq., counsel for Defendant, Anthony J. Foschi, it is hereby Ordered, Adjudged and Decreed that the terms of the foregoing STIPULATION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE are adopted as an Order of Court as if set forth herein at length. BY J. Constance P. Brunt, Esquire Timothy 1. Colgan, Esquire J "."""~ '. -" "'"~-~ '-- ~~~." l___ _'_~~""~._N" d. - ~.~.'- ,,"'~'" __~o >.~" 'd"'_""''"''_'"_~__w~,~."~ _ ..",,_.,,~__,;., !J' j;j i LJ: '. ,- i _c ~ ~,"?,,_"~~~~"",!!\l['i,li~~'WJl!n'~~"';'fW!f"-'1:1>-<1'lRgfil@lll~~~~I~~~_~ ~ " .;-." ~"~ " ~ !f1Ilfii" .' KARENA L. FOSCHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 01-717 ANTHONY J. FOSCHI Defendant CIVIL ACTION -- DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE THIS AGREEMENT, made this -L1- day of Jt<.. fA; , 200 I by and between Karena L. Foschi and Anthony J. Foschi: WITNESSETH WHEREAS, Karena L. Foschi and Anthony J. Foschi are HUSBAND and WIFE; and WHEREAS, an action in divorce was filed in the Court of Common Pleas of Cumberland County on February 5, 2001; and WHEREAS, the parties jointly own real estate situate at 7 North Alydar Boulevard, DiIlsburg, York County, Pennsylvania (hereinafter referred to as the "marital residence"); and WHEREAS, a petition for exclusive possession of the marital residence was filed by Karena L. Foschi on June 15, 200I; WHEREAS, the parties have agreed that Karena L. Foschi shall remain.in the marital residence and have exclusive possession thereof pending final equitable distribution of the marital estate and that Anthony J. Foschi may obtain possession and enjoy the use of the items identified on the list attached hereto and marked as Exhibit A pending fmal equitable distribution of the marital estate; NOW THEREFORE, the parties intending to be legally bound, do stipulate and agree as follows: I. Karena L. Foschi shall have sole and exclusive possession ofthe marital residence pending fmal ""--" -.'[ "-, ,-, < '""-~- ~ -1;;;_ " equitable distribution of the marital estate ofthe parties. 2. Anthony J. F oschi shall have the right to access the marital residence for the purpose of inspection and/or appraisal of the marital residence upon the giving of appropriate and reasonable notice to Karena L. F oschi. Karena L. F oschi reserves the right to be present or to have her authorized agent present during said inspections and/or appraisals. 3. Anthony J. Foschi shall return all keys, garage door openers, and any and all other means of access to the marital residence to Karena L. F oschi on the date he receives the items identified on Exhibit A. 4. Anthony J. Foschi shall have the right to the sole use of the items on the attached list marked as Exhibit A. Karena L. Foschi shall deliver the said items in "as is" condition. Notwithstanding, Anthony J. F oschi expressly reserves any claims he may have for damages to or dimunition of the value of said items, such claims to be resolved in final equitable distribution. 5. The parties stipulate and agree that this is not intended as a final equitable distribution of their personal or real property. 6. Neither party shall sell, alienate, encumber, destroy or otherwise dispose of or dissipate nor diminish the value of any item of household or personal property in his or her respective possession, pending fmal equitable distribution in the above captioned matter, normal wear and tear excepted. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) WITNESS (SEAL) WITNESS "^' ~" Office l. Nordic track 2. One Filing Cabinet 3. Files in Closet 4. Type Writer in Closet 5. Blue Child's Rocker 6. Night Stand Next to Desk which Printer sits on 7. Computer Hub, cables and Network cards Upstairs Hallway I. Three Mirrors on Wall Basement I. Trains from Childhood 2. Refrigerator/Freezer (Bone Color) 3. Lounge Chair (Chaise Chair from Studio) 4. Carousel Light (Connor's Baby Light) 5. WetIDry Vac 6. Picnic Basket 7. Two Stained Glass Pieces from Studio 8. Espresso Machine 9. Bread Machine 10. Gannent Bag, Big Suitcase II. Saw Horses Outside I. Two Sling Chairs (I already have two, there are 6 total) 2. One Half of White Plastic Chairs 3. Green Umbrella and Base Bedroom l. Contents of Night Stand (including Tony's father's pocket watch) 2. Abstract Print above Bath Tub 3. Safe-in Closet (including Tony's passport and title to his vehicle) I ,c' l~ _._ < ~" '" r~p' EXHIBIT A ;H~~" " '. n ---... ,; -'& j' ., Living Room I. Horse Head Wall Hanging 2. Big Screen Television (including the two speakers which were purchased with the television). 3. Wyatt Painting 4. Compact Disk-Crosby, Stills, Nash and Young Bar I. Glass and Brass Sofa Table 2. Two Chairs in Bar (Leopard Print) 3. Wine Captain 4. Ice Bucket and Accessories 5. Glass Mixer and Stirrer 6. Handle from Beer Miser 7. Miscellaneous Items from Cabinets Garage I. All Tools, Power Tools, Painting Supplies, Tool Boxes 2. Workmate Work Bench 3. Gas Powered Hedge Clipper 4. Gas Blower 5. Walk Behind Gas Edger and Mower 6. Snow Blower 7. Grass Fertilizer Drop and Broadcast Spreader 8. Spreader and Dolly 9. Broom 10. Bicycle 11. Trash Can 12. Two Mopeds 13. Large step ladder 14. Wheel Barrow 15. Rakes, Shovels which were my Father's 16. All Holders, Nails, Screws, Miscellaneous Hardware Dining Room 2 -"~I "" . JJOii:;;,[ EXHIBIT A ~,~~.. "" - .' 1. Two Curios, Light Bridge, Two Buffets 2. Silver teapot and two Lenox china pieces Miscellaneous Items l. Wedding Pictures and Gallery 2. Wok in Kitchen 3. Various Family Pictures 3 ,L;w;' . '," '~,L. " '-""'.""lfk EXHIBIT A ~ . ~ "'- ~' ,---< "b-.,-, . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KARENA 1. FOSCHl, * Plaintiff * No. 01-717 * V. * CIVIL ACTION - LAW * ANTHONY J. FOSCHl, * Defendant * ACTION IN DIVORCE PETITION FOR SPECIAL RELIEF FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO 23 Pa. C.S. 3323(0 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, to wit, this 7th day of June, 2001, comes the Plaintiff, Karena 1. Foschi, (hereinafter "Petitioner") by her attorney, Timothy J. Colgan, Esquire of Wiley, Lenox, Colgan, & Marzzacco, P.C., and files the instant Petition of which the following is a statement: 1. On February 5, 2001, the Petitioner initiated the instant action by filing a Complaint in Divorce. 2. The parties separated on September I, 2000, with Respondent leaving the marital residence which they purchased in 1994 and which is located at 7 North A1ydar Drive, Dillsburg, York County, Pennsylvania. 3. Since September, 2000, Petitioner has solely occupied and maintained the marital residence with the parties' minor child. 4. Since September, 2000, Respondent has rented a townhouse located at 830 A11enview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 5. In or around December, 2000, Respondent arrived at the marital residence with a UHAUL truck and friends and removed several items of personal property and marital property including, but not limited to the following: dining room table and chair, bedroom set, coffee table, living room set, TV, VCR, and dishes. ",..i . "'.0"-' .. 1 ~"::1"-'-_ 6. In or around the beginning of April, 2001, Respondent again arrived at the marital residence to remove several items of marital property, including, but not limited to china, crystal, and silver. The parties argued and Respondent chased Petitioner throughout the home in the presence of the parties' minor child. Petitioner called 911 and believes that a report was filed once the police arrived at the residence. 7. Since May, 2001, Respondent has repeatedly insisted on arriving at the marital residence with movers and a moving truck to remove additional items from the home, including but not limited to mopeds and a lawn mower. 8. Petitioner believes that Respondent has recently purchased another home m Canterbury Estates in Cumberland County. 9. Petitioner does not have any other available residence to her than the marital residence in which she has lived since 1994. 10. The parties have heretofore divided their personal belongings and clothing. 11. Equitable distribution should be conducted properly in the forum of a master's hearing yet to be scheduled and not pursuant to Respondent's repeated insistence. 11. The mental and emotional health and welfare of the Petitioner should not be compromised by the ever present knowledge that Respondent is of the belief that he can move in, out and about the marital home with impunity. 12.. Your Honorable Court can properly award the marital residence to Petitioner and exclude Respondent therefrom pursuant to its broad equitable powers conferred upon it pursuant to Section 3323(f) of the Divorce Code, which provides: (f) Equity power and jurisdiction ofthe court. In all matrimonial causes, the court shall have full equity power and jurisdiction and may issue injunctions and other orders which are necessary to protect the interest of the parties or to effectuate the purposes of this Act, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 13. Your Honorable Court also has the specific authority to temporarily award the marital residence, pending equitable distribution of marital property to one spouse pursuant to Section 3502( c) ofthe divorce code, which provides: , _ _~,l - ~- .~, ,':,.;,--~ - ~ ~ , -~ . ""'Ii ( C) Family home. The c01.ll1 may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 14. Your Honorable C01.ll1's entry of an order for exclusive possession will also have the salutary effect of promoting the Divorce Code's "Legislative fmdings and intent" as set forth in Section 3102, as follows: (a) Policy. The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is hereby declared to be the policy of the Commonwealth of Pennsylvania to: (I) Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience. (2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved. (3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs. (4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage. (5) Seek causes rather than symptoms offamily disintegration and cooperate with and utilize the resources available to deal with family problems. 15. The parties' minor son was born in 1994, the time at which the parties purchased the marital home. 16. Your Petitioner and the minor son should be permitted to continue living in the environment and community which is familiar to them and to have exclusive occupancy of the family home and possession and use of the family personal property. 17. There will be no hardship visited upon the Respondent by granting the relief requested. 18. The office of counsel for Respondent, Constance P. Brunt, Esquire, was notified of this petition in an effort to gain her position on said petition, however, she is on vacation until June 25,2001. 19. Attorney Brunt's office then notified the Respondent of the impending petition for ".. ~t .'" 0- jc" - " ,-" - ~ " -" exclusive occupancy. 20. Since being notified of the petition, Respondent has repeatedly harassed and threatened plaintiff in an effort to have her drop the petition. 21. Specifically, Respondent has indicated that he is aware that Petitioner will be away for the upcoming weekend and has sarcastically suggested that she have a "great time." 22. Petitioner fears that if the relief requested herein is not granted, that Respondent will remove the contents from the marital home while she is away in an effort to defeat her right to use the personalty and in an effort to defeat her right to an equitable distribution of the marital property. WHEREFORE, Plaintiff, Karena 1. Foschi, respectfully requests your Honorable Court to enter an Order: (a) temporarily awarding her the exclusive right to live and remain in the marital residence and excluding the Defendant therefrom until such time a hearing can be held regarding permanent exclusive possession; (b) issue a rule upon the Respondent to show cause, if any he has, why Petitioner should not be awarded exclusive possession of the marital residence pending final equitable distribution of the marital estate. Dated: Respectfully submitted, J'-/s--,p! ;i~~ - Timothy J. Colgan, squire ~EY,LENOX,COLGAN & MARZZACCO P.C. I South Baltimore Street Dillsburg, P A 17019 (717) 432-9666 I.D.#77944 .'-""" ..;~- .'" ..-, ^L_' ,,,.~u ,,"'~ =".__,," ",-.;;.~, ''';','_'' 1-"'1; VERIFICATION I, Karena 1. Foschi, verifY that the statements made in this document are true and correct to the best of my knowledge, information, and belief I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, rei ing to unsworn falsification to authorities. / 6- f)- P( Date: ,'-- ~. - "-., ;.-..Y.d,~ M_A-_ < . ~_,~ _" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA KARENA 1. FOSCH!, * Plaintiff * No. 01-717 * V. * CIVIL ACTION - LAW * ANTHONY J. FOSCH!, * Defendant * CERTIFICATE OF SERVICE I, Timothy 1. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Dated: 1-/5'-,9/ Constance P. Brunt, Esquire Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 Timo~~~ vnLEY,LENOX,COLGAN & MARZZACCO P.C. 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 J.D. #77944 .~ ~''.gr~)j ;,,;~, n!:."'~~J1lWilll;);#,,;ll'<ijWM<>I~!~h.~~~I;>!j!,i~Will'lllWi'h,;f""iili"'~1i.i0JJi!l~\~M,'MllEi!l!>liii.!H;-~&i"""l '~~e" ~,',~,= . ~"liIH il '0 () C ? /1?fi:"'i ;?fT'; -==:- :}-,' iZ~" ....-"'-._-" C:t~O:: .)>: ....- -""C" ~c5 c :? ~ Si ,0 r", o r-- j 'ij '- ""- 2e - (Xi .:'nl "-", ::",~;'C~; ~ :::t: (~~~;i~~' "'" )0. :J::l -< ~' -- > " ",~,,' ,','" " , KARENA L. FOSCHI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY J. FOSCHI, Defendant : NO. 2001-0717 CIVIL TERM ORDER OF COURT AND NOW, this 15TI1 day of JUNE, 2001, a Rule is issued upon respondent to Show Cause why petitioner should not be granted exclusive possession of the marital residence. Said Rule returnable on Thursdav. Julv 5, 2001. at 11 :30 a.m. in Courtroom # 5 of the Cumberland County Courthouse, Carlisle, Pa. Pending said hearing neither party shall remove any marital property from the home without the specific written authorization of the other or further order of court. Edward E. Guido, J. Constance P. Brunt, Esquire - ~ t._ )5'- Df Timothy J. Colgan, Esquire - ~ tJf7F~ ~ )....-~ :sld _, 0 '~ '_ ,-, - '''',':i~ i' ;:;il '""",,'0'_'",,,,', " ~ " ,., o_J'lI!fTI",nllJlil~" --, r"J/ . (, j It f;'t '~'C:rj' ! ",' 'v '- Ce'l'!/' Ci. "/ . I. / Ulv/iji>, J. .. S '" ....tii..i;j"ir', f-'fNNsV~ C'OUiV LL4Nt<t Ty "f1"'<o>,:,,-B ,,.~~,~'" ,'1"'",~~,~"~~'ll''';;~~NH~~~~~~~fW_~~iifS:l~~~~ - . '"" "", ~. .", ~ , , C', '" , . '-'"'-.,"'~- -'- KAREN A L. FOSCHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 01-717 ANTHONY J. FOSCHI Defendant CIVIL ACTION -- DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on February 5, 2001. 2. The marriage of Plaintiff and Def!:ndapt is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a fmal decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. 'J> ('p vV\lJx I 2-1, 2$J { Date rr-- ~ /vscL' Fil 1=[" ..(Yp{~E- ,,--)" _.tr tv ~,.. TF' r ,,",',"1"' '''\' nrARY Ur . 11: f ;:.,):!-:t..iI\JIJ <~ '0 Oi D[C28 Pll I: 32 CUMBERLAND COUNlY PENNSYLVANIA I ! .~ I ~ " ~ ~ ~ ~ , ~ ~ I -~ ~ . i I I ~,' "<' < ... ., ,,,,,--"'";)",,,'~--"'-'~_:i-,.,,..,_,,-,; ,,;--,;'~ """,,,,; ':~"":~"'';'--;'",~-",.-;;;V'';~i'::i6::..:i!;'i/;t:~,;i~IJ._L..::;",:,,:_, :" ~:__ ~ KARENA L. FOSCHI, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. 2001-0717 CIVIL TERM ANTHONY J, FOSCm, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on February 5, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 ofthe decree. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the Renalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: / Z- 20-0/ FILED-OfFICE t,,- 1-'" rN'TH"'!' InTA' R" \~,r ,~",1'~ t';~,\)i ;\,j\,....'I, ,1 if 0\ DEe 28 PI" I: 32 CU1',iIBEHLilND COUN1Y PENNSYLVANIA . :'~ ~~.~ - ~ . o~ ~ . - " ;, '---.,--,~ ^'-1~,'-; I )' KARENA L. FOSCHI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. No. 01-717 ANTHONY J. FOSCHI Defendant CIVIL ACTION -- 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 ifl do not claim them before a divorce is granted. 3. 1 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 made herein are subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. ~ Co VI1 PYI,1. 21, JOO I Date cko-<< Ut:~~ ' KARENA L. FOSCHl Plaintiff --:-:~."",,,,,,-,,,~~==----,,,,,,,,,="._,-~",--~----,- FlLED~()fFICE (lC T,re Qr'nTuJI\!QTAR\I _I ",_" ",c . r""j. ;1 010EC28 Plll:33 CUMBE.HU'ND COUNTY PENNSYLVANIA , ,I ~ ~ ~ '-u; ';i! ~ ~ ) I I II I " i I ~ -.'0" , ".c -.' ~.,_, .~__','__ , ~_c . " __,,-,~"i w",,"';,.,'_':"c';'~_~~",,~,~~,"_',;-"::-" '""G,:';"> ,,:,," _,:;,__,>,\jL;~~_~;';!",,:;"''; ___. ~..' ,,'" P', , ' KARENA L. FOSCHI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW v. : NO. 2001-0717 CIVIL TERM ANTHONY J. FOSCHI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) AND ~3301(D) 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! 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. 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'" , , , , ~ (j1-'1ll MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~&.day of ~;. ../'---- ,2001, by and between ANTHONY 1. FOSCHI, now of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", -AND- KARENA 1. FOSCHI, now of Dillsburg, York County, Pennsylvania, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 7,1990, in Hanover, Pennsylvania, and there having been one child born ofthis marriage: Connor John Foschi (DOB 9/15/94); and WHEREAS, diverse unhappy marital difficulties have arisen between the parties, causing them to believe that their marriage is irretrievably broken, as a result of which the parties have separated and are living separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; 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 of real and personal property; the settling of all matters between them relating to the past, present, or future support andlor maintenance of Wife by Husband or of Husband by Wife; the settling of all matters relating to the custody and support of their minor child; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship; and WHEREAS, the provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Husband has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as his attorney. The Wife has employed and had the benefit of counsel.ofTIMOTHY 1. COLGAN, ESQUIRE, as her attorney. ,~""'~ .- - .~ " -;.. 6" ~"""'1M..,""",li<I ! , . , ' , Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under tile circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not tile 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 addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. NOW, THEREFORE, in consideration ofthe premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the 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. It shall be lawful for Husband and Wife at all times hereafter 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, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall -2- ., ....,,'" . . . "~~ '._"'~-, , ~ , ~. " > , . not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. SUBSEOUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in The Court Of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 2001-0717 Civil Term, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301 ( c) of the Pennsylvania Divorce Code. The 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 as soon as practicable. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such actioll shall seek alimony, alimony pendente lite, or support or maintenance of any natUre contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions ofthis Agreement relating 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. Should a decree, judgment or order of separation or 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 any 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 being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or, at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. .3. ,"--"~ ..="-- " f .. y "" ' -~" ~,' .- ->1.&;_ , , . 3. 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 the Agreement on 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. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife hannless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnifY and save Husband hannless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Each party shall be solely responsible for any debts or liabilities incurred in his or her individual name at any time, and each shall indemnifY and save the other party harmless from any and all claims or demands made against him or her by reason of such debts or obligations. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or againstthe estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such 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 testamentary; or all' other 4. ~""""'~"""r.~'~ . , ~.,. . .~-,,-, - - '-"'''''''':bl_~V , , ' rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Peunsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any tilne hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 hereof, It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. Except for all such rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof, Wife and Husband hereby covenant, promise and agree to indemnify and save and hold forever harmless each other from and against any actions, causes of action, suits, proceedings, claims, demands, liabilities, losses, damages, expenses, executions, and any other charges of any kind or nature whatsoever, in law or at equity, including interest charges, penalties, costs oflitigation and attorney's fees, which either party may have or which family members of either party may have against the other at any time or sustain or incur, or be held responsible or liable to payor bear, in any manner whatsoever. 6, DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, The parties mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her respective possession, and that each hereby releases and relinquishes any right, title or interest he or she may have had in the past or now has in the aforesaid tangible personal property in the other party's possession. 7. REAL ESTATE. The parties acknowledge that they are the joint owners ofa -5- -;J~h~'~"'_'" .=. ~~"<I), '-,,'- , , . , residence .situate at 7 North Alydar Boulevard, Dillsburg, York County, Pennsylvania, which is encumbered by a mortgage with Bank of Oklahoma. Wife shall hereafter enjoy sole and exclusive possession of the said residence, and shall assume as her sole obligation all of the expenses incident to the use and ownership of the said marital home, including, without limitation any and all mortgage payments, taxes, liability and fire insurance, utilities, sewer, refuse collections, assessments, property maintenance, repairs, additions and improvements. Wife further covenants and agrees to indemnify and hold Husband harmless from any such liabilities, obligations, or expenses or any claims or demands as a result thereof. Within six (6) months from the date of execution ofthis Agreement, Wife shall refinance the existing mortgage lien against the said marital residence, so as to obtain a full and complete release of Husband from any liability thereon. Upon settlement of the said refinancing, Husband shall transfer to Wife all right, title and interest in and to the said marital residence, which shall thereafter be Wife's sole and separate property. Contemporaneously with the execution of this Agreement, Husband shall execute and acknowledge a quitclaim deed for the transfer of said residence to Wife solely and absolutely, which deed shall be held in escrow by Husband's attorney until such time as Wife satisfies all obligations set forth in this paragraph, when it shall be delivered to her for recording. Wife shall assume sole responsibility for any recording fees, costs or expenses incident to the aforesaid refinancing ortransfer of the said marital home to Wife by Husband. In the event that Wife fails to refinance the existing mortgage lien against the marital home as set forth herein, the said residence shall immediately be listed for sale with a broker licensed in the Commonwealth of Pennsylvania at the suggested listing price provided by the broker. In the event that the parties can not agree upon a broker, one will be chosen by the two brokers which they have each suggested. The house will be sold as soon as practicable thereafter upon reasonable terms and conditions. Upon such sale, the net proceeds following payment of all expenses of sale and outstanding liens shall be distributed as set forth herein. Wife's share of the net proceeds shall be the entire net proceeds or those calculated in accordance with the following formula, whichever is less: -6- ,",-,~~~ ~ - . "Ii~"""-,,,~" , , , Wife's share: $260,000.00 (agreed fair market value) X (X = all expenses of sale and settlement costS) y (Y = mortgage payoff at date of settlement) Z (Wife's share) The balance of any net proceeds in excess of Wife's share ("Z" above) shall be divided between the parties such that Husband shall receive 40%, and Wife shall receive 60%. In the event of the sale of the marital residence as set forth herein, the distribution of other marital assets as set forth on Schedule "A" attached hereto and made a part hereof, shall remain in effect and shall not be disturbed. 8. EOUlTABLE DISTRIBUTION OF MARITAL ASSETS. The parties agree that all marital assets owned by the parties or to which they are entitled, either jointly or individually, and all marital liabilities are reflected on the list attached hereto as Schedule "A" and made a part hereof, and that each party has made a full and accurate disclosure of all assets of any nature which they own or to which they may be entitled. The parties further agree that the value assigned to the said assets are those to which they agree as of December 13,2001, and they waive any formal discovery or further appraisal and valuation of assets. The parties agree that all such assets and liabilities shall be finally and equally distributed between the parties in accordance with the distribution set forth on Schedule "A". It is the intent of the parties to effectuate a distribution of 40% of all marital assets to Husband and 60% of all marital assets to Wife. After distribution of all other assets, the parties' AIM and Fidelity mutual fund accounts shall be distributed in such fashion as to achieve this percentage distribution. The values for and distribution of the mutual fund accounts set forth on Schedule "A" reflect the value of those funds as of December 13, 2001. The said funds shall be distributed in kind on a pro rata basis to the parties. Any excess value or decrease in value of the mutual funds subsequent to December 13,2001, shall be divided 40% to Husband and 60% to Wife. Wife shall make a cash payment to Husband upon execution of this Agreement as necessary to accomplish the 40% distribution of assets to him as of December 13,2001. .7. Ai.;r",_"""".., "'--:-;-;;:-,;;------,----c:= - -."'....' , ,,' ~, """,',1 , In furtherance of the aforesaid distribution of assets, each party covenants and agrees that he or she will, immediately upon request, execute any and all doclUllents as may be necessary effectuate the distribution of assets as set forth herein. The parties expressly waive and relinquish any right, claim, title or interest in any pension, profit- sharing, retirement, individual account, credit union or other employment -related plans in which the other has any interest by virtue of his or her past employment, whether vested or un-vested, matured or un-matured, accept as expressly set forth herein. The parties agree that they shall immediately upon request execute any waivers or other doclUllents as required by the other party's plan administrator to effectuate the provisions of this paragraph. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9. VEHICLES. Each party shall retain possession and ownership of the vehicles now in his or her possession, free and clear of any claim, right, title or interest in said vehicles on the part of the other party. Husband shall transfer the 1994 Honda station wagon to Wife. Both parties shall cooperate promptly upon request to execute any and all required doclUllents necessary to effectuate distribution of the vehicles to the parties as set forth herein. The party receiving the vehicle shall be responsible for any transfer cost. 10. DISTRIBUTION OF CASH ASSETS. STOCK AND BONDS. The parties agree that each of them shall retain as his or her sole and separate property, free and clear from any claim, right, title or interest on the part of the other any bank accounts, brokerage accounts, mutual fund accounts, or other depository accounts or cash assets of any nature now in his or her respective individual names, except as otherwise expressly set forth herein. 11. LIFE INSURANCE. Each party shall be required to establish an educational trust for the benefit of their son, CONNOR JOHN FOSCHI, in the form as attached hereto within 30 days from the date of execution ofthis Agreement. Each shall be free to choose the trustee for his or her respective trust. Each party will be required name the trustee of his or her said educational trust as the primary beneficiary of such life insurance coverage as is provided to him or her without cost by their employer, subject to the terms and limitations set forth herein. -8- -"""I.... ., ~, ~~_'l y The amount of insurance benefits which each party is required to provide for funding the said educational trusts shall be based on the lesser amount of the two coverages provided to the parties at any given time by their employers without cost. The maximum amount shall be limited to $50,000.00. Each party shall provide verification to the other within 30 days of the execution of the educational trust and of the life insurance coverage provided to that party without cost by their employer. The parties shall then be required to make the appropriate beneficiary designations for that portion of the insurance benefits as required herein and to provide proof of such beneficiary designation to the other party within 60 days of the date of execution of this Agreement. Each party shall be responsible for providing the other party with documentation of any changes in his or her insurance coverage within 15 days of such changes. Any changes in beneficiary designations which are then required as a result of such changes in order to conform to the terms of this provision shall be made within 30 days of such notice. 12, CUSTODY OF MINOR CHILD. The parties will share legal custody of their minor child, CONNOR JOHN FOSCHl, with an equal right of participation in making major decisions concerning health, education, welfare, and general well-being of their said minor child. The parties shall also equally share physical custody of their said minor child pursuant to the schedule they have been following, except as maybe otherwise agreed by the parties. 13. ALIMONY. Husband shall pay alimony to Wife in the amount of $600.00 per month, commencing on January 1,2002, and continuing for 36 months thereafter, subject to the terms and conditions set forth herein. The said alimony payments shall be included in Wife's taxable income and shall be deductible by Husband from his taxable income. All alimony payments shall terminate immediately upon the death of either party or upon Wife's remarriage or co-habitation with a sexual partner of either gender. Except as expressly set forth herein, the said alimony obligation shall not be subject to modification. Notwithstanding the foregoing, Husband's alimony obligation shall be automatically decreased in the event that his gross eamed income is less than $112,000.00 per year as a result of an involuntary decrease. In that event, the alimony obligation will be automatically decreased pro rata in the same percentage as the -9- ,,-u~ . J: "n .h "', ."",'", '" i'_'Ur..",,'l', H . decreased in gross earned income. Further, in the event that an Order for child support in excess of that amount provided for herein is entered by any court, Husband's alimony obligation will automatically decrease by the amount of any increased child support in excess of that provided for herein, plus the additional federal tax liability Husband will incur for that increased child support as a result of the loss ofthe alimony deduction for that amount. 14, CHILD SUPPORT, For such period of time as the parties equally share physical custody of their minor child as set forth herein, Husband shall pay to Wife child support in the amount of $400.00 per month, effective January 1,2002. The said child support obligation shall be subject to modification in accordance with Pennsylvania Support Guidelines, based upon changed circumstances. Husband's obligation for payment of child support shall terminate in the event of his death. 15. MEDICAL INSURANCE. Husband shall continue to provide medical insurance for the benefit of the minor child, CONNOR JOHN FOSCHI, so long as it is available at reasonable cost to him through his employer. In the event that Wife has coverage available to her which is more reasonably priced, the said child's coverage shall be provided under Wife's policy at Husband's option, and Husband will be responsible for payment of the difference in her premiums for coverage including the said minor child and premiums for coverage for herself alone. Husband shall pay 58% of any unreimbursed medical expenses for the minor child which exceed $250.00 per year. Wife shall be responsible for payment of any other unreimbursed medical expenses. Husband's percentage ofunreimbursed medical expenses for the said child set forth herein shall decrease in the event of an involuntary decrease in gross earned income below $112,000 per year, pro rata to any such decrease. 16. YORK COUNTY SUPPORT PROCEEDINGS. The parties acknowledge that there isin existence an Order through the Domestic Relations Section of The Court of Common Pleas of York, docketed to No. 486 SA 2001, PACSES Case No. 083103081, providing for payment of spousal and child support by Husband to Wife. Parties agree that the said Order shall be terminated effective December 31, 2001. -10- "'''''' > ,<'~--;,,~,~~ . , ,. "0 ~ "'Jl>-'" " , . 17, TAXES, By this Agreement, the parties have intended to effectuate and by this Agreement have divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business' income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnifY and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. The parties acknowledge that during the 2001 tax year they have jointly held various mutual fund accounts. They further represent and agree that there have been no cash distributions made from those marital accounts during 2001, but there may be federal and state tax liability related to dividends or capital gain distributions made during that tax year and re-invested. The parties agree that any such dividends, capital gains or other taxable income generated by the said mutual funds for 200 I shall be divided so that Husband shall report 40% of said income on his tax return, and Wife shall report 60% of said income on her tax return. The parties shall then be solely responsible for payment of any tax liability associated with reporting of the said portions of taxable income and shall indemnifY and save the other party harmless from any liability thereon. 18. . DEPENDENCY EXEMPTIONS. Husband shall be entitled to claim the -11- ,,,""""~, -",'~ , ~" -. ^'- .~ "=. "~ '.,.' .> federal dependency exemption for the minor child, CONNOR JOHN FOSCH!, for 2001, 2002, and all even-numbered years thereafter. Wife shall be entitled to claim the said dependency exemption in 2003 and in all odd.numbered years thereafter. Both parties agree to execute upon request Internal Revenue Service form 8332 (or any other required form) as maybe necessary to effectuate the terms of this paragraph. 19. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding ofthe parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22, 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. 23. 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. 24, 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 to 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 legal fees and costs incurred by the other in enforcing -12- , ~". I'~~~~, ~"" '.. " .",-, h~. ~'"' ...", . his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 25. 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. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. 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, discovers such an undisclosed asset, the 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. 26. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. 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. 28. AGREEMENT BINDING ON HEIRS. Except as otherwise specifically set forth herein, this Agreement shall be binding on and shall inure to the benefit ofthe parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day -13- ,'~,~ . " and year first above written. WITNESS: 0It/J~f ~fi/C/ ~ Jfw~;'f!!55. - "-- '-.'.- r..l:,,_' ., (SEAL) ANTHONY J. FOSCH! . . {;;c It, (SEAL) A L. FOSCHI -14- ~ _.. 'vrn '0, " i_ "-~ ''''''''''1>&<00; i " COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this ~f1-. day of jl.e-.,. J<.-..- ,2001, before me, the undersigned officer, personally appeared ANTHONY J. FOSCHl, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. a~ Notarial Seal Constance P. Brunt, Notary Public Susquehanna Twp.. Dauphin CoiInty My Commission Expires Oct. 20, 2005 Notary Public ******** COMMONWEALTH OF PENNSYLVANIA COUNTY OF Ycrr...t- On this ~/~ day of .!).pe€mhh SS. , 200 I, before me, the undersigned officer, personally appeared KARENA L. FOSCHl, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. SPA~ Notary Public Notarlal Seal S. Dawn Gladfetter, Notary Public DiIIsburg Bom, York County My Commissfon Expires May 17, 2005 Member, PennsylvanlaAssociationolNotaries _ d, ".' "M'J'_ ;.-'.;/...";.,,,<< -, "- ~'",' ',' ---->';~--":_~;'::"'"~;~-----' ':~::-::~::'::;--:,~;\'", --, ,,- -- \''-'-'':;1 , . SCHEDULE A Distribution of Marital Assets MARITAL DISTRIBUTION DISTRIBUTION ASSETS VALUE TO HUSBAND TO WIFE 7 N. Alydar Blvd., Dillsburg 260,000.00 260,000.00 W's Reliastar Life insurance policy #S7-039-327 4,372.74 4,372.74 W's Franklin Small Cap Growth Fund I - Class A IRA 355.55 355.55 W's PNC acct. 7,050.47 7,050.47 H's Shwnaker Williams P.C. Deferred Profit Sharing: Plan 32,887.24 32,887.24 H's Reliastar insurance policy #7036991 7,952.76 7,952.76 ..,,,,riT:S Bank of Oklahoma house mortgage -177,294.90 -177,294.90 Sub-totals 135,323.86 40,840.00 94,483.86 Mutual Funds 18,882.69 20,842.62 -1,959.93 TOTALS 154,206.55 61,682,62 92,523.93 . '1U.UU'Yo bU.UU7o ,'" ._J",'eI_ _ ~___ _'0 -"~"__-'Z:., -_"-l'^ ,0"__,"',, "~"';,;ifY~ '-'~""~" 'p '~;"- -- :;,"O:-:;,,;c, ";...-,,'~-"-,,', - ""'ii,j , . , CONNOR JOHN FOSCHI TRUST THIS AGREEMENT, made this day of ,2001, by and between , an adult individual of , Pennsylvania, hereinafter referred to as the "Settlor, " AND , hereinafter referred to as the "Trustee"; WHEREAS, said Settlor desires, for the purposes herein set forth, to create a residual trust for the benefit of his/her child, Connor John Foschi, hereinafter referred to as the "Beneficiary," or "Child". NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, the parties hereto agree as follows: 1. The Settlor have designated this Trust as a beneficiary under a certain life insurance policy where in certain funds shall be transferred to the Trustee to hold in trust under the terms and conditions as set forth herein. All ofthe property held in trust pursuant to this Agreement is hereinafter collectively referred to as the "Trust" or 'Trust Estate." 2. The interest of the Trustee in the Trust Estate, and it is so acknowledged by all parties hereto, is solely that of a fiduciary holding said Trust Estate in trust for the exclusive benefit and enjoyment of the Beneficiary, and the Trustee shall so hold and ," - ".~ '~' "',",, ,~"" "_,, ~ "3,,..,5"--' '" ' ',-"-" ';~'":"-~ :,-',,..;'.-:, ,_,~'-;' ',,~,,~,,:-","~',,::..;::-,,~ ''-'' ",:, ,';,<'~,';: >:0,0";,'.',, ,0_ '" '-',; . administer the Trust Estate in accordance with the terms and conditions hereinafter set forth. 3. The net income and principal of the Trust created herein shall be distributed as follows: (a) The net income and principal shall accumulate and not be disbursed except as provided for herein. However, from time to time, the Trustee(s) shall distribute to or apply for the benefit of the Beneficiary such portion of the principal or income as our Trustee in his or her sole discretion may deem necessary to provide forthe Child's education (including trade school, college, post-graduate and professional education) books and living expenses while furthering their education provided that Child is enrolled as a full-time student or at a minimum enrolled at an institution taking at least twelve (12) credit hours each semester. Further, if said Child is a full time student or enrolled at an institution taking at least twelve (12) credit hours each semester, in addition to providing for that Child's education, books and living expenses while furthering their education, our Trustee(s) shall provide an allowance for that Child in the maximum amount of $200.00 per month until the Child attains the age of twenty one (21) years old. In determining whether and to what extent such distributions shall be made hereunder, our Trustee(s) shall consider such other assets and sources of income or support as may be available to that Child or his or her immediate family and provide the Child has availed himself to all financial aid available to him including but not limited to obtaining any available student loans. ~~, '.w,.~, -'_ "~.:.c"" ,! _ _~ ,,_ ~ _,i~",,-- -, ',o"._""~,;'--~',.,;.<;;;,,>,, __,';',';"~k. "~,,,'-,ci~:'-c.i';:f';: "'_0,~ ';~",~;',;, - (b) In addition to the foregoing, the Trustee shall also make to the Beneficiary the following distributions, absolutely free of trust: (1) Ten percent (10%) of the principal of the Trust when the Child attains the age of twenty-five (25) years; (2) Fifty percent (50%) of the remaining principal of the Trust when the Child attains age thirty (30) years; (3) The remaining balance of principal and undistributed income of the Trust when the Child attains the age of thirty-five years (35). (c) In the event that the Child is over the age of twenty-one (21) years old and needs additional sums from the Trust for his or her maintenance and support, ther Trustee may allow a reasonable amount to be paid from the Trust to the Child, as in the Trustee's sole discretion. (d) Should the Child die before all principal and undistributed income of their trust has been distributed to or applied for their benefit, all property held in the Child's Trust upon his death shall be allocated between and distributed, absolutely and free of trust, to that Child's then living children. In the event that the Child is not survived by then living children, then all principal and undistributed income of the Child's trust still owned by my Trustee, shall be distributed to the following individuals or entities, their issue, heirs and/or assigns: A. B. ~,;;',,','" . ~"'-,;, ,",i--" ',-,'-,> .:dP. ',',,;,;;, ,-" '.__ _-,~_, ."'j ,', ''',---", ,;;,~: (',:c~-,~",>i/_;' L: 4. Subject to the restrictions contained in paragraph 12 of this Agreement, in the administration of the Trust Estate, the Trustee shall have the following powers, in addition to those powers as they may have by law: (a) At any time, to retain all or any part of property held by the Trustee, real or personal, tangible or intangible, or mixed, or interests therein, in the form in which it may exist at the time of either of our deaths or thereafter, including any business interest or organization whether or not owned or controlled by us, so long as in the exercise of the Trustee's discretion it may be advisable to do so, notwithstanding that said property may not be of a character authorized by law, and to conduct or participate in any such business as a sole proprietorship, corporation, partnership or joint venture, even though it was not so organized or conducted at the time of my death. (b) To purchase, subscribe for, invest and reinvest, with any funds held by the Trustee, in any property, real or personal, tangible or intangible, or mixed, or interests therein, wheresoever situate, as and in such proportions as the Trustee may deem best, even though such property would not be considered appropriate or legal for a fiduciary in the absence of this provision, it being our intention to give our fiduciaries the same power of investment and reinvestment which I would possess if present and acting. (c) To sell, convey, exchange, partition, redeem, convert, give options upon, or otherwise dispose of any property, real or personal, tangible or intangible, or mixed, or interests therein, at any time held by the Trustee, at public or private sale or otherwise, for cash or any other consideration, or on credit, in such manner, ,~ ,~, , ~ -" - --'",--<,'"',,,- ~.'"- ,,~ <,,,,," ,',,,-,~;,,,-' 'o:,<t~ ~"';_,,~', --:';-~'-":Jo;;~;::s:";:';:;-;~,~L'i,j~;,,, ;....:,'-!:" to such persons, for such price, and upon such terms and conditions as the Trustee may deem best, and no person dealing with our fiduciaries shall be bound to see to the application of any funds paid to him or her. (d) To borrow money and to make loans, secured or unsecured, in such amounts, upon such terms, at such rates of interest, and to or from such persons, firms or corporations as my Trustee may deem advisable, to receive, or execute and deliver, promissory notes or other evidence of obligations for loans so made, and to mortgage, pledge or encumber any property, real or personal, tangible or intangible of our estate or any trusts hereunder as security for any such monies borrowed. (e) To renew or extend the time for payment of any obligation, secured or unsecured, payable to or by my estate or any trusts hereunder, for as long a period or periods of time and on such terms as my Trustee may determine, and to adjust, settle, compromise and arbitrate claims or demands in favor of or against my estate or any trusts hereunder. (f) To combine for purposes of administration and investment any or all of the separate trusts created hereunder; provided however, that neither this power nor its exercise shall alter their status as separate trusts. (g) To hold, manage, operate, improve, partition or subdivide any real estate which may be held by my Trustee at any time, to mortgage any such property in such amounts and on such terms as my Trustee may consider proper, to lease any such property for such term or terms and upon such conditions and rentals as my Trustee may deem advisable, irrespective of whether the term of any such lease ,>~ ._0 -~o::' c" ";' ,,"'__ '":,""~:~, ;:,:~~;., '" "',-' '~'i;.> ;;.;-;;,-,;; ';,;,;;,:\_, ,,,' , ; n- _"" '. "~~~ ; ~ ; .."","-,,';'~ ,- shall exceed the period permitted by law or my Trustee's actual or probable period of retention, and to make repairs, replacements and improvements, structural or otherwise, in connection with any such property. (h) To abandon any property held which is of no value or which my fiduciary may deem to be of insufficient value to warrant keeping, maintaining or protecting, and to permit any such property to be lost at tax sale or other proceeding. (i) To purchase and maintain insurance on the life of any income beneficiary hereunder and to pay the premiums on same out of the income to which such beneficiary is otherwise entitled, whenever and to such extent as my Trustee may deem advisable. 0) To retain, employ and pay agents, employees, accountants and counsel, including but not limited to legal and investment counselor advisors, brokers, banks, custodians, and other agents, for advice and other professional services, and to delegate to them such duties, rights and powers as my Trustee may determine, for such time periods as my Trustee may deem necessary. (k) To register any securities held hereunder at any time in my Trustee's own name, in his name as fiduciary, or in the name of a nominee, with or without indicating the fiduciary character of the securities so registered. (I) With respect to any securities held by my Trustee hereunder, to vote upon any proposition or election at any meeting of the corporation issuing such securities, to grant proxies, discretionary or otherwise, to join and participate in any merger, reorganization, readjustment, voting trust plan, consolidation, exchange or ,,';" , ~ ,~'^: -~'_c:.",,/,;',:-,,-, ,"0-"<,...",,,.; -.'~, ";"--' ";';;""" ~""""';;,~,",,,' c "'-',," , , ~ ;: .;",,,,,;':~,'-:':'~,~','.,,, ~ " ",-,,:< , other concerted action of holders of securities for the deposit of securities under agreements and payment of assessments, and to deposit any such securities with any committee, depository, trustee or otherwise, to subscribe for stocks and bonds, to grant, obtain or exercise options, and generally exercise all rights of holders of securities and take all actions with respect to any such securities as could be taken by the absolute owner thereof, and to delegate discretionary duties with respect thereto. (m) To receive, collect and recover the interest, rents, profits, proceeds, gains and other income and earnings of and from our estate and the several trusts hereunder. (n) In dealing with the stock of any close or other corporation, partnership interest, or other business held by my Trustee hereunder: to disregard any principle of investment diversification and retain any part or all of it for so long as he or she may deem advisable; to do anything that my Trustee may consider appropriate with regard to its operation, expansion, reduction, liquidation or termination or any change in its purpose, nature or structure; to delegate authority or duties to any director, stockholder, manager, partner, employee or agent, and to approve its payment of reasonable compensation to any such person; to cause it to borrow money at reasonable terms from the banking department of any corporate trustee hereunder notwithstanding any contrary laws regarding conflict of interest; and to make additional investments in it if such action appears to be in the best interests of the beneficiaries hereunder. (0) With respect to any policies of insurance held by my Trustee hereunder: to continue such policies in force and to pay the premiums for such "' . <, .~,- ,'~ .,ir""'"(.,,,)C~',,, '" _"-._ ;#- - ' - '"",,,, >';'_~-,,,', ;,'~ c:~-':~;. :'c~'~,__(,,::;;:_~~,y~- , . , . policies from income or principal; to obtain the cash surrender value, if any, of any such policies which insure the lives of others and add the same to principal, or convert any such policies insuring the lives of others to permanent paid-up insurance; and to deal with such policies in any way that my Trustee may determine to be in the best interests of the beneficiaries hereunder, including without limitation borrowing against such insurance policies in order to pay the premiums thereon. (p) To exercise any election, right or privilege given by federal tax laws, or the tax laws of Pennsylvania or of any other jurisdiction, including but not limited to the filing of income tax returns and gift tax returns, the determination of proper taxes, interest and penalties and the payment thereof, the election of alternate valuation for federal estate tax purposes, the election to claim deductions for death tax purposes or for income tax purposes without the consent of any beneficiary hereunder, and the making or not of equitable adjustments for the Trustee's exercise or non-exercise of any such election, right or privilege; in the event of any such action taken by my Trustee, no compensatory adjustments as between income and principal of our estate or the trusts hereunder shall be required by reason thereof. (q) To participate actively in the management of any corporation the capital stock of which is held by my Trustee hereunder, and to receive compensation for such services, in addition to any fees or compensation to which our fiduciaries are otherwise entitled as such. (r) To determine as to all sums of money and other things of value realized or received by them whether and to what extent the same shall be deemed to be principal or income, and as to all charges and expenses incurred or paid by :',' ,"",~,"<- '" .-- "'-':,.' ^ ":~"';'~";_:".- -. ~~'L<;/;'~' ','~'j-",-",i"",';:. ~'\...,J,~,~ ;,.,,;~ ^ ,,;i;\\;:'--.:'i_< ~~ '0,"'- , . . . . my Trustee, whether and to what extent the same shall be charged against principal or income. (s) In general, to exercise all powers in the management of the assets and property held by my Trustee hereunder which any individual could exercise in the management of similar property owned in his own right, upon such terms and conditions as to my Trustee may seem best, and to execute and deliver all instruments and documents and do all acts which our fiduciaries may deem necessary or proper to carry out such management and the Trustee's duties under this document. 5. No interest of any beneficiary hereunder in either the principal or income of our estate or any trust created hereunder shall be subject or liable in any manner while in the possession of any of our fiduciaries to anticipation, pledge, assignment, sale, transfer, charge or encumbrance, whether voluntary or involuntary, or for any liabilities or obligations of such beneficiary whether arising from his or her death, debts, contracts, torts or engagements of any type. 6. The trust herein created is and shall be revocable, with power in the Settlor to revoke, amend or modify the provisions of this Agreement of Trust. 7. Any amounts, either of income or principal, which are payable to a minor Beneficiary may at the sole discretion of the Trustee, be paid either to the guardian or guardian of the property of such minor, or to the person who has custody of such minor, or directly to such minor, or may be applied for the use or benefit of such minor. The receipt by such guardian, custodian or minor, or evidence of the application of such amount, shall be a full and complete discharge of the Trustee to the extent of such payment or application. , . . - :~ " <-J.." .' ,;_' _' " , ~"~-- --',:~",~':;-',,:,;;; ";:",,,;"-''';4:C,-,:.c\:.;,.2.-<,,".,~,,:; - - \",,<; """ ",~ ;:." -~"?~:;:,__".,-- _ . " ~ i_,. . . 8. The Trustee shall not be liable for the acts, omissions or defaults of any agent appointed by them with due care. 9. Upon my death, my Trustee may exercise all rights, options, privileges and powers granted by or under any insurance policy on my life, any annuity policy, or any other benefit plan or program, the proceeds of, from or under which are payable to my Trustee. My Trustee may, without incurring any liability, compromise or settle any questions relating to the payment of any such proceeds upon those terms as my Trustee may deem best. My Trustee need not institute litigation to collect such proceeds payable to it unless my Trustee is reasonably indemnified for costs, counsel fees and other expenses of such litigation. 10. Subject to the restrictions and other provisions contained in this Trust, my Trustee may, if in his or her sole discretion, deem it necessary or advisable to protect or facilitate the settlement of my estate, but shall have no duty or obligation to: (a) lend money from the trust funds to my executor, upon his or her note, with or without security, in such amount or amounts, and payable at such time or times, at such rates of interest, and with such other terms, as my Trustee may deem proper; (b) purchase with trust funds, at the market value thereof at the time of purchase, any securities or other property (or portions thereof or interests therein) tendered by either of our executors at any time and from time to time within a period of nine (9) months after the date of either of our deaths; if there is any difference of opinion as to the market value of such property, it shall be fixed by my executor and his or her determination as to such value shall be conclusively binding upon all persons claiming hereunder or interested herein; or , ~"c " ,'<:;..,,~~; ,;;;;,{,,,,,,,_,_,,;~--.~~:~~,:",,",;, ,':::" "-'_" u "I I ! 'C'_,,',:"', ",;" '~.. "';' :;" _,' '",,i ':~ --,-~, . (c) pay from trust funds any taxes, or penalties or interest thereon, payable or assessed in consequence of my death, including but not limited to generation-skipping transfer taxes under the Internal Revenue Code of 1986, as amended, and prepayment of any taxes on future or remainder interests. 11. Notwithstanding any other provisions herein contained, under no circumstances whatsoever shall the whole or any portion of: (a) any annuity or other payment receivable or received by my Trustee or any other person which is wholly or partially excludable from my gross estate for federal estate tax purposes under Section 2039 (c or e) of the Internal Revenue Code of 1986, as amended, or which either in whole or in part is not subject to Pennsylvania inheritance or estate taxes under the laws of the Commonwealth of Pennsylvania, or (b) the proceeds payable to or received by my Trustee or any other person under any life insurance policy insuring my life which either in whole or in part are not includable in my gross estate for federal estate tax purposes under the Internal Revenue Code of 1986, as amended, orwhich either in whole or in part are not subject to Pennsylvania inheritance or estate taxes under the laws of the Commonwealth of Pennsylvania, be payable to or receivable by, or used for or by, paid over or lent to, or applied or distributed to or for my estate or my executor, or for the benefit of my estate or my executor, or to or for any other person or entity or for any other purpose, if under the provisions of said Internal Revenue Code or the regulations thereunder, or under the laws of the Commonwealth of Pennsylvania, such annuity or other payment, or life insurance proceeds, in whole or in part would ,-- "-,--' , '~-", ..,"'_' ~"'-'-c'" --__~ "'~,',," ",:c:_"""",~-,,;:.., ';",,,,,- 'I '-_'1 I . . . . be thereby subject to federal estate taxes or Pennsylvania inheritance or estate taxes. 12. The fiduciaries named in this Trust shall not be required in any jurisdiction to file, enter or post any bond or other security for the faithful performance of their duties hereunder. 13. This Agreement shall extend to and be binding upon the respective executors, administrators, successors, heirs and assigns of the parties hereto. 14. All questions pertaining to the validity, construction and administration of this Agreement and the Trust herein created shall be determined in accordance with the laws of the Commonwealth of Pennsylvania. No fiduciary shall be precluded from serving as a result of what might otherwise be deemed to constitute a conflict of interest. No fiduciary shall participate in any decision with respect to the making of a distribution for his benefit hereunder. Any right or interest granted hereunder, of any kind and to any person, may be waived, renounced or disclaimed by such persons by an instrument in writing signed by such person and delivered to the Trustee. In the event that the Trustee herein named is unable or unwilling to act, I hereby appoint as "Sucesssor Trustee." IN WITNESS WHEREOF, the Settlor and initial Trustee have hereunto set their hands and seals on the day and year first above written. WITNESS: SETTLOR: . . ..~ A,j__ ,-';"""^,' ','"-.'-~'" -o,"'.-'b"L..,t, '" '-":,,.',,," ;;:,,--'.-,', -, _'t ~ ;,~'. . -",,~,~_;,:' _ 00' <, ,_ ,:,<~'''''''', ,_ " . ' WITNESS: TRUSTEE: -, ~ ="'" ,-,:_;::,6..:';'~,-',d,.-,<.,.y ", "",'; ;,~j-'/'-1;<;-;:i:'::;~' i~'';C;;;;~;".;,;,'';/;'WL,~i;;- ,~~': " -,' ,,'~~ , . ~ . , " ~ COMMONWEALTH OF PENNSYLVANIA S8. COUNTY OF On this, the _ day of , 2001, before me, a Notary Public, the undersigned officer, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and who acknowledge that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal on the day and year first above written. Notary Public My Commission Expires: , }'-~ , . < I - ';.,...i,-,J",..:; "/,;,,'c,>--..;; '~-'" - '7<~,,"~'<, ,",,',__' ,"c,,"' ''-''o<''''',.-,~~I-'',", ,">-',,.;,,,;:'," -" '~ '( ~ I ~ ~ 'rI. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the day of , 2001, before me, a Notary Public, the undersigned officer, personally appeared , and known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and who acknowledges that he/she executed the same forthe purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal on the day and year first above written. Notary Public My Commission Expires: .. ",.. . . ,;, \,' . :,i .. f" '~/i c ~~ ,.l~~,N F":ocr::CE ,; :'~ i:CTARY ., - I Pli 3: 08 CUi\<::,~~j,. COUNTY FtJ'~i\SYL\i/~,.\\j,:A C6 4 ~>. ,', - -, "...M_ i, ~ 1. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KARENA L. FOSCHI, Plaintiff . No 2001-0717 . . VS. . CIVIL ACTION - LAW . ANTHONY J. FOSCHI, Defendant . . 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceotance of Service dated Februarv 17 2001. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: December 21. 2001; By Defendant: December 20. 2001. (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service oflhe Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: All related claims have been resolved by a Marital Settlement Agreement dated December 24, 2001, and incorporated herein. 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: Date: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Filed December 28 2001. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the prothonotary~ December 28. 2001. 1z.-/~f1'/tPl By: .~ ( I ' Timothy J. Col . Attorney for Plaintiff f\t.FO..{)0FICE I~F T' ,,- f)"'C,'" "" 'OTARY J ' r ~~~ f' ~-','--i r:'"d\" fl 01 DEe 28 Prl I: 37 CUMBEi~i..AND COUNTY PENNSYLVANIA I " I .~ i1 ] ~ ~ " it ~ i~ ~ ~ 1 j I I I I :ff .TIIl -f1S-?f1f11 f1R: 1 S FRnM: WTI FY I FNnx en CoiAN 7174~?f14?F; Tn:f1f1f1f1 P.f1f11/f1f17 , copy TH.E WILEY GROrTP Attorne::-ys a~ .J:..'1'W Wiley. Lc.nox . Colgan ~ Mar7.7.aCCO .~ P.t. JulyS. 2001 VL4 FACSIMILE TO.f7/7l 2411-6462 The Honorable Edwarde. Guido Cumberland County Court of Common Pleas Cumberland County Courthouse I CuUl'lhousc Squar:c: Carlisle, P A 17013 Re: Katcna L. Foschi v. Anthuny ,J. f'usehi Docket No.: 01-7'17 Action In Divorce Dear Judge Guido: A hearing was Scheduled for this morning at 11:30 a,l)1.. in the above captioned matter regarding exclusive possession of the marital home'. Please be advised th!lt the parties have reached an: agreement and the hearing will not be necessary. The agreement will allow Karcna L. Foschi to retain exclusive possession of the maritai residence pending final equitable distributi'onofthe marital estate and will allow Anthony J. Foschi the use of certain items from the marital residence pending final equitable distribution of the marital estate. The parties will submit a stipulation for signature by the Court after it has been circulated' for signRture RmOnest the parties and, counsel of record. By copy of this correspondence.l am confirming for Attorney Brunt that the heRrin!.', has hcen canceled. Thank you for your cooperation in th is matter. v cry truly YOUI'$, WILEY; LENOX, COLGAN & MARZZACCO, P.C. ~- by Timothy J. Colgan TiClar "" COnslanOC p, Brun~ E'q. (Via tilcsimilo to 717-232-(255) S:ICLlE/:lTSICOLGANlFVSCH/vOOU070;. WPD Jan M_ Wiley' uav,d J. Lenox' fimothy i. Colgan. Christopher J. Mar7.7.ilCCO . Christine J. Taylor I South Ila'ltimore sneel' DiIIsburg, PA '17019' Phone: (717) 432-9666. ,(81)0) 682-4250. Fax: (717) 432-0426 Oml:e' in i'larrb!JUrK . York. Cdl bumJdlc "~, ~ '"' N'__ , ~" L;,' .TIII -AS-?AA1 AR:1S FRnM:WTI FY I FNnX r.nl (;;i=lN 7174:'\?A4?h Tn:AAAA P.AA?/AA7 KARENA L. FOSCHI IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYJLV ANIA Plaintiff V5. No. 01-7.7 ANTHONY J. FOSCHI Defendant CIVIL ACTION - DIVORCE ORnE)! OF COURT AND NOW, this _ day of , 2001, upon consideration of the foregoing stipulation and on motion of Timothy J. Colgan. Esq.. attorney for Plaintiff. Karena L. Foshci, and Constance P. Brwt, Esq., counsel for Defendant, Anthony J. Foscbi, it is hereby Ordered, Adjudged and Dccreed that tlll;: \enll~ uf till:: fun:guwg STIPULATION FOR EXCLUSNb PUSSI:;SSlON OF MARlTAL RESIDENCE are adopted as an Order of Court as if set forth herein at length. BY THE COURT, J. Constance P. Brwt, Esquire Timothy J. Colgan, Esquire .' " " ,,=- --I 0 "-,lJ; .TllI -VlS-2VlVl1 VlR:1S FRnM:WTI FY I FNnX rnl c.iAN 7174:'\2Vl421'; Tn: VlVlVlVl P.VlVl:'\/VlVl7 :KARENA L. FOSCm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No, 01-717 ANTHONY .J. FOSCm Defendllnt CML ACTION - DIVORCE STJPlTLATlON FOR EX~LUSIVE POSSESSION OF MARITAl, RKSIDENCE TIllS AGREEMENT, made this _ day of , 2001 by and betwecn Karena 1. Foschi and Anthony J_ Fo~hi: WITNEf;.W::TU WHEREAS, Karena L. Foschi and Anthony J. Foschi are HUSBAND and WIFE; and WHEREAS, an action in divorce was filed in the Court of Common Pleas of Cumberland C:Ollnty on February S. 200 I: and WHEREAS, the parties jointly own real estate situate at 7 NOI'lh Alyuar BlJult:vll.rl!, Dillsburg, York. County, Pennsylvania (hereinafter reterred to as thc "marital residence''); and WHEREAS, a petition for exclusivc possession of tbe marital residencc wa.~ filed by Karena 1. Foscm on June 15,2001; WHEREAS, the pw:Lit:~ lmvt: lIgn:cd Lhal Karena L. Foschi shall remain in the marital residence and have exclusive possession thereof pending final eql.iitable distribution of the marital estate and that Anthony J. Foschi may enjoy the lL~e of the items idenlified un the list attaehed hereto and marked as Exhibit ^ pending:fioo.l equitable distribution of the marital estate; NOW l'HEREFORE, the paTties intending to be legally bound, do stipulate and agree as ~ - ,.,,"~"'... o. . ."'. "~-, ~-- ~"iJtiL-, .TIIl -I'lS-?I'lI'l'1 I'lR: 1 S FRnM: WTI FY I FNnX r.nl (.iAN 7174~?1'l4?fi Tn:1'l1'l1'l1'l P.1'l1'l4/1'l1'l7 fOllowS: 1. Karena L. Foschi shall have oole and exclusive possession ofthc marital residence pending fInal equitable distribution of the morital estate of the parties. 2. Anthony J. Foschi shall have the right to access the marital residence tor the purpose ot' inspection and/or appraisal of the marital residencc upon the giving of appropriate and reasonable notice to KArAnll L FosehL Karena L Fosch; reserves the right to be present or to have her llutbori"..cd agent present during :llIid inspections andlo" app['ai:;ul~. 3. Anthony J. Foschi shaH return all keys, garage door openers, and any and all other means of access to the marital residence to Karena L. Foschi on thc date he receives the items identifIed on Exhibit A. 4. AnthOllY J. Fu~chi shall have the right to the sole use of the items on the attached list marked as Exhibit A. 5. The parties stipulate and agree that this is not intenlled AS allnal equitable distribution of their personal or real property. 6. Anthony J. Foschi shall not sell, alienate, encumber, destroy or othcrwise dispose of nor diminish the value of any item on Exhibit A pending fwal equitable distribution in the above captioned matter, nonnA] wellr and tear excepted. IN WITNESS WHEREOF, the parties ht:l'1:;tu lulvt: ~t:t their hanlh and tICals the date and year first above Written. (SF:A I.) WITNESS kARENA L. FOSCm (SEAL) WITNESS ANTHONY J. FOSCHI ,Till -(;lS-2(;l(;l1 (;lR: 1 S FRnM: WTI FY I FNnX c:nl toRN 7174:12(;l42fi Office I. Nordic track 2. Onc Filing Cabinet 3. Filc$ in Closet 4. Typo; Wril<:r in CIl)set S. Blue Child's Rocker 6. Night Stand Next to Desk which PrinteJ: sits on 7. Computer Hub, cables and Network cards lTn<t..irs Hallway I. Three Mirrors on Wall Ha.'lenl!:nl 1. Trams from Childhood 2. R",frigeratorlFreezer (Bone Color) 3. Lounge Chair (Chaise Chuir from Studio) 4. Cll1'Ouscl Light (Connor's Baby Light) 5. WetlDry Vac 6. Picnic Hasket 7. Two Stained Glass Pieces from Studio 8, Espresso Machine 9. Bread Machine to. G:mncnt Bas, Big Suitcase t 1. Sow Horso..q Outside I, Two Sling Chairs (I already have two, there are 6 total) 2. One Half of White Plastic Chairs 1. Green Umbrella and Base Bedroom 1. contents of Night Stand 2. Abstract Print above Bath Tub 3. Safe-in Closet I " ~~t.jjlid', Tn: (;l(;l(;l(;l P.(;l(;lS/(;l(;l7 EXIDBIT A ,Till -Ii\S-?1i\1i\1 Ii\R: 1 S FRnM: WTI FY I FNnX cn "AN 7174:'l?1i\4?i=; LiVll/il..Room 1. Hor<'..e Head Wall Ha.nging 2. Dig Screen Tc:lc:vision 3. Wyatt Painting 4. Compact Disk-Crosby, Stills, Nash and Young Bat 1. Glass and Bra.~s Sofa Table 2. Two Chairs in. Bar (Leopard Print) 3. Win" Cilpwiu 4. Ice Bucket and Accessories 5. Ulass Mixcr and Stirrer 6. Handle from Beer Miser 7. Miscellaneous Items from Cahinetq Garaec 1. All Tools, Power Tools, Painting Supplies, Tool Boxes 2. Workmate Work Bench 3. Gas Powered Hedge Clipper 4. Gas Blower 5. Walk Behinil OIlS Edger and Mower 6. Snow Blower 7. Grass Fertilizer Drop and Droadcast Spreadel' 8. Spl:l:Wl3' lUld Dolly 9, Broom 10. Bicycle 11. Trash Can 12. Two Mopeds 11. INge step ladder 14. Wheel Barrow 1 S. Rakes, Shovc:ls which we"e IllY FtIl.l.u;r's 16. All Holders, Nails, Screws, Miscellaneous Hardware Dininv Room 2 -]""'~4-,: Tn:1i\1i\1i\1i\ P.Ii\Ii\i=;/1i\1i\7 EXIDBIT A - ~-~ ~ ="~~ .TIII -AS-?AA1 AR: 1 S FRnM: WTI FY I FNnx en (;;AN 7174:'l?A4?F; Tn:AAAA P_AA7/AA7 1. Two Curios, Light Bridge, Two Buffets M1Rr.p."~np.nJ]g 1tem~ 1. Wedding l'ictur<:s and Gallery 2. Wok in Kitchen 3. VariOus Family Pictures 3 EXHIBIT A ,,. "" .", " ll.ill~,~",~ . JUN 1 5 2001 tJ.b IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KARENA 1. FOSCHl, Plaintiff V. * * * * * * * No, 01-717 CIVIL ACTION - LAW ANTHONY J. FOSCHl, Defendant ORDER AND NOW, this day of June, 2001, Plaintiff's Petition for Temporary Exclusive Possession is hereby GRANTED. Plaintiff shall have exclusive possession of the marital residence located at 7 North Alydar Boulevard, Dillsburg, York County, Pennsylvania until further Order of this Court. Defendant shall have no right to enter or be present on the premises of the marital property. By: ,Judge Distribution: Constance P. Brunt, Esquire Timothy 1. Colgan, Esquire - M __."_ " ri " L, . .' '~~ ' , UifIi ~~~h IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANlA KARENA 1. FOSCHI, Plaintiff v. * * * * * * * No. 01-717 CIVIL ACTION - LAW ANTHONY J. FOSCHI, Defendant ORDER AND NOW, this day of June, 200 I, based upon Plaintiff's Petition, it is hereby ordered that a rule is issued upon Defendant to show cause, if any, why Plaintiff is not entitled to the relief requested. Defendant shall file an Answer to the Petition within (20) days of service upon Defendant. Argument shall be held on the day of .M. in courtroom # _ of the Cumberland County Courthouse. 2001 at By: ,Judge Distribution: Constance p, Brunt, Esquire Timothy J. Colgan, Esquire """.--,.'--',o<bv~""'=~"'=-''''''~~~''''''~"--'>'-=..L'~"'"''=''''''''''''_~~d~_Ji!Ilii;l.Jr"'~~~ <~"~''"'';;'!!a' - ,,' "'<.~-'iIr.!I~~"'.~""''bIi>~'~""",,,,,,,,,,,,_",:~,,,._, . THE WILEY GROUP Attorneys at La-w- Wiley. Lenox . Colgan. Marzzacco . P.c. February 2, 2001 Honorable Edward E. Guido ATTN: Sandy Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 In re: Karena L. Foschi v. Anthony J. Foschi Dear Prothonotary: Please fmd enclosed one original and one copy of the Stipulation for Exclusive Possession of Marital Residence, with attached Order, in the above matter. Please return the additional time-stamped copy to the undersigned in the self-addressed stamped envelope enclosed. Thank you for your cooperation in this matter Very truly yours, ~EY,LENOX,COLGAN & MARZZACCO, P.C. /~~- - by Timothy J. Colgan TJC!ar enclosure C: ISERVER-IISERVERICUENTSICOLGANlFOSCHlIPROTH.LTR jan M. Wiley. David j. Lenox. Timothy J. Colgan' Christopher j. Marzzacco . Christine j. Taylor 1 South Baltimore Street. Dillsburg, PA 17019 . Phone: (717) 432-9666 . (800) 682-4250 . Fax: (717) 432-0426 Offices in Harrisburg. York. Carbondale 'il':i,-' -',{ J'~ '-:;;;;::T'~;K'" '" ''''~" "">~,,:C<;!1-iti;ji'..-!'~'''=:'f*''',,'''<.~Y,":''''.:;;.r,;,\Ci::;-;,'\'~,''''':",""Py,',~',:e. 0- ""_ "',,,,,;..~.,,, -,.- , ,,,.,,p,