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01-03099
IN THE COURT OF COMMON PLEAS DENA FANUCCI, Plaintiff VERSUS MARC J. FANUCCI, Defendant No. 01-3099 DEGREE IN (/- DIVORCE V8 AND NOW, !O`•, IT IS ORDERED AND -t(k&?*- OF CUMBERLAND COUNTY STATE OF PENNA. DECREED THAT AND DENA FANUCCI MARC J. FANUCCI ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; THE attached Pro qp?,y Settlement Agreement dated September 19, 2001, is incorporated, without merger, herein. ,A. ro 03.x, 1© -d3 -e2l a ?: MAY z 420 nl1 DENA FANUCCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0/-';099 ?e MARC J. FANUCCI, CIVIL ACTION -LAW Defendant CUSTODY ORDER OF COURT You, Marc J. Fanucci, Defendant in the above-captioned custody action, have been sued in court to obtain custody, partial custody or visitation of the following child: Victoria Angel Fanucci, born March 11, 1998. You are ordered to appear in person at on , at .M., for a conciliation or mediation conference. _ a pretrial conference. _ a hearing before the court. If you fail to appear as provided by this Order, an Order for custody, partial custody or visitation may be entered against you or the Court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 BY THE COURT: Date: J. t'r. . DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant t; y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW CUSTODY AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: I. DENA FANUCCI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. D l- 3099 Tu MARC J. FANUCCI, CIVIL ACTION -LAW Defendant DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed with, you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIRE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. at- 3099 e4La T.1 CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Dena Fanucci, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: Count I - Divorce 1. The Plaintiff, Dena Fanucci, is an adult individual who currently resides at 860 Walnut Street, Apt. 5-A, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Marc J. Fanucci, is an adult individual who currently resides at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 12, 1997 in Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. There is one Dependent child from this marriage, namely Victoria Angel Fanucci, born March 11, 1998. 9. This action is not collusive. Count II -Alimony, Alimony Pendente Lite 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff lacks the sufficient property and resources to provide for her reasonable means. 12. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite and alimony until final hearing and hereafter. Count III - Equitable Distribution of Marital Property Pursuant to 83502 of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant to the extent that a written Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decrep which might be entered dissolving the marriage between the parties. 15. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 16. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WElEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. Count IV - Custody 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The Plaintiff seeks primary of the following child: Name Present Residence Age Victoria Angel Fanucci 860 Walnut St., Apt A-5 3 yrs. Lemoyne, PA 17043 .r The child, Victoria Angel Fanuccie, is presently in the custody of her mother, plaintiff Dena Fanucci, who resides at 860 Walnut Street, Apt. A-5, Lemoyne, Cumberland County, Pennsylvania 17043. Since birth, the child has resided with the following persons and at the following addresses: Name Plaintiff & Defendant Justin Danfelt (son of Plaintiff) Plaintiff Justin Danfelt (son of Plaintiff) Address Dates 344 Lowther Street birth to Lemoyne, PA 17043 1/15/2001 860 Walnut St., Apt. A-5 1/15/2001 Lemoyne, PA 17043 to present The natural mother of the child is Dena Fanucci, Plaintiff, currently residing at 860 Walnut Street, Apt A-5, Lemoyne, Cumberland County, Pennsylvania, 17043. The natural father of the child is Marc J. Fanucci, Defendant, currently residing at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 19. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Victoria Angel Fanucci, Justin Danfelt, children of Plaintiff. 20. The relationship of the Defendant to the child is that of natural father. To Plaintiffs knowledge, Defendant resides alone. 21. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation rights with respect to the child 23. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Plaintiff is the natural mother of the child. (b) Plaintiff has established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The Plaintiff has been the primary caretaker of the child since birth. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her primary physical custody of her daughter, subject to partial custody/visitation rights of Defendant. r RESPECTFULLY SUBMITTED: Je ° B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 /22 ?® Telephone: (717) 221-0900 Dated: / Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW DIVORCE VERIFICATION I, Dena Fanucci, hereby verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Signature: ( Fan cci DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant 1 , , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3009 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C. S. §4904 relating to unswom falsification to authorities. Date: N0-1;z/- Si Fanucci J j ? t'. ? f 1 `? I - I 1 t 1.._ -t. h= DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3009 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Dated: -? I Signa Dena Fanucei J ? ?l 't t I DENA FANUCCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : 01-3009 CIVIL TERM MARC FANUCCI, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2001. 2. Defendant acknowledges and accepts service of the Complaint on or about May 23, 2001. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : 7 - Z 0 - Z 0 c3I / - i fit. ? Marc J. anucci, Defendant ,, DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3099 Civil Term CIVEL ACTION - LAW CUSTODY PETMON TO ENTER CUSTODY AGREEMENT AS AN ORDER OF COURT AND NOW, comes the Plaintiff, Dena L. Fanucci, by and through her attorney, Jeannd B. Costopoulos, Esquire, respectfully avers the following in support of this Petition to Enter Custody Agreement as an Order of Court: 1. The Plaintiff, Dena Fanucci, is an adult individual who currently resides at 860 Walnut Street, Apt. 5-A, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Marc J. Fanucci, is an adult individual who currently resides at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. There is one Dependent child from the marriage of Plaintiff and Defendant, namely Victoria Angel Fanucci, born March 11, 1998. 4. A Custody Agreement was signed by Plaintiff on June 27, 2001 and by Defendant on June 25, 2001. (See attached "Custody Agreement"). 5. Paragraph 12 of the Custody Agreement provides "[e]ither party may petition the court at any time to have this agreement entered as an order of court." WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the attached Custody Agreement as an Order of Court. RESPECTFULLY SUBMITTED: Dated: (l Z7 (J/ Jeann B. Costopoulos, Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 PA Supreme Court ID No. 68735 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3099 Civil Tenn CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Jeannd B. Costopoulos, Esquire, hereby certify that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Harrisburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Johnna J. Kopecky, Esquire 26 West High Street Carlisle, PA 17013 BY: Jea . e B. Costopoulos, Esquire COSTOPOULOS c& WELCH 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 Supreme Ct. ID No. 68735 Dated: 1s9? WHEREAS the parties, Marc I Fanucci (the Father hereinafter) and Dena L. Fanucci (the Mother hereinafter), have born to them one child, namely Victoria Angel Fanucci, born March 11, 1998 (the Child hereinafter); and, WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1, physical [ recta /visitation The Mother shall have primary physical custody of the child. The Father shall have periods of partial custody of the child, to include every Monday after school (or beginning at 9:00 am. if the child is not in school) until Wednesday at 6:00 p.m., provided he is available and not working. If Father is unavailable to exercise his partial custody rights, he shall provide Mother reasonable notice and the parties shall cooperate in scheduling a make-up period of partial custody for Father that does not interfere with the child's education. The Father may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. Mother shall provide clothing apparel and other items the child requires during visitation with Father, provided that said clothing and items are returned with the child at the conclusion of her visit with Father. 2. Thal C= stogy The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. Therefore, although Mother has primary physical custody of the child, and Mother shall have authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non- routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. If a dispute arises as to any matters regarding non-routine decisions regarding the child, then the party then having custody may exercise final determination subject to review by a court of competent jurisdiction. The parties specifically agree that the child will practice the Catholic faith until she becomes of age. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. 3. Vacation Both Father and Mother shall each be entitled to exclusive custody of the child during their scheduled vacation from work, notice of which shall be provided to the other parry at least one month in advance. 4. HolidaystKicitation with Extended Family Than ivin : Father shall have the child for Thanksgiving from 9:00 a.m. to 9:00 p.m. in odd years and Mother shall the child for Thanksgiving from 9:00 a.m. to 9:00 p.m. in even years. Christmas: Each year, Father shall have the child from Christmas Eve from 9:00 a.m. to10:00 p.m. and Mother shall have the child on Christmas Day from 9:00 a.m. until 10:00 P.M. Father's Da LMnther's Dar Father's Day shall be with Father, Mother's Day shall be with Mother. This visitation shall be from 9:00 a.m. until 8:00 p.m. Child's Births Mother shall have the child every year on her birthday from 9:00 a.m. until 9:00 p.m. Father shall have the child every year on either the day before the child's birthday or the day following the child's birthday from 9:00 a.m. until 9:00 p.m. Father shall provide Mother at least one week notice of the day he intends to choose. Other iioliday_c All other holidays shall be spent with the party scheduled to have visitation on the day upon which the holiday falls. Family Events The parties shall reasonably allow the other party visitation during times other than those scheduled in this Agreement for scheduled family events provided at least two weeks notice to the other party is given. Visitation with Extended Family Every effort shall be made for the child to spend quality time with both parties' parents and other relatives as well as the child's godparents. 5. Transportation The parties agree that transportation to and from their residences shall be shared, the details of which can be agreed upon by the parties. In the event the parties cannot agree, Father shall pick up the child at Mother's residence at the beginning of her custodial periods, and Mother shall pick up the children at Father's residence at the end of Father's custodial periods. Air travel with the child is prohibited until after the child reaches the age of eight unless written consent is obtained from the other party. 6. Address and Phone Numhers of Parties Both Father and Mother must keep each other informed of any changes of address or change of phone number. Any changes in address or phone number shall be immediately forwarded to the other party. Neither party shall remove the child from Pennsylvania or Maryland without the written consent of the other parry. Notice of WhereehoutgAllnem Each party agrees to keep the other reasonably informed of the whereabouts of the child while with the other parry. If either party has knowledge of ilhiess or accident or other serious circumstance affecting the welfare of the child, he or she shall promptly notify the other party of said circumstances. g, (thane Cnntaet_ with Child Both Parties shall have the right to reasonable telephone contact with the child during the other party's period of custody/visitation. Neither party shall interfere with the other party's telephone contacts with the child. Each party shall make all reasonable efforts to promptly return calls or messages left by the other party regarding the child. The parties agree not to contact each other for reasons other than those relating to the child. } i 9. Di%pArag*ng Remarks The parties shall conduct themselves appropriately and in a civil manner in the presence of the child. Neither Father nor Mother shall make any disparaging remarks regarding the other parent in the presence of the child, such as those that might tend to alienate the affections of the child toward the other parent. Also, each parent shall inform relatives and friends to also refrain from making any disparaging remarks regarding either parent in the presence of the child. 10. C snersedeas of Prior Court Orders This Stipulation shall supersede all prior Court Orders, Stipulations, or Agreements. 11. Modifientin_n Any of the provisions of this Agreement maybe modified or deleted upon mutual consent/agreement of both parties or upon Petition to the Court for Modification. 12. Order of Court Either party may petition the court at any time to have this agreement entered as an order of court. WHEREFORE, the parties, intending to be legally bound, and with the understanding that this Agreement may be entered as an order of court, hereby set their hands and seals and the date of their acknowledgment. h _ s -1f1- I Z-W ENA L. FANUCCI Date Aft/ of MARC I FANUCCI Date DENA FANUCCI, Plaintiff vs. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3099 Civil Tenn CIVIL ACTION - LAW CUSTODY DER O COURT AND NOW, this jtk?: of 2001, , upon consideration of the within Petition to Enter Custody Agreement as der of Court, the Petition is hereby GRANTED. J. ? _ ,''TV .+1.%i'i l ', i i r?J? i l l JUL 12 2001b,9 DENA FANUCCI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 01-3099 MARC J. FANUCCI, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 2nd day of July, 2001, the Custody Conciliator, having been advised that the parties have reached an agreement and entered a Stipulation, hereby relinquishes jurisdiction of this case. FOR THE COURT, Melissa Peel Greevy, Esquire Custody Conciliator !'i a I } n r,tt { ? :I IL .mot DENA FANUCCI . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MARC J. FANUCCI DEFENDANT 01-3099 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 02, 2001 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy, Esq&A Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ALED- OFFICE CF 01 JUN -b PM 6: 03 CUMBERiA'Z COUNTY PENNSYLVANIA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this day of 2001, by and between DENA L. FANUCCI, born July 8, 1964, and MARC J. FANUCCI, born June 3,1963: WITNESSETH: WHEREAS, Dena L. Fanucci (hereinafter referred to as "Wife") and Marc J. Fanucci (hereinafter referred to as "Husband") are wife and husband, having been lawfully married on September 12, 1997, in the Commonwealth of Virginia; WHEREAS, one child was born of the marriage between the parties, namely Victoria Angel Fanucci, born March 11, 1998; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency 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. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each My understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, eatih.Farty hereto acknowledges that he or she has been fully advised by his or her respective attorney of t*0pact 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 fite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fidly 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 alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the tatting of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to finther disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parries hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to fidl disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available fidl, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that if either party files a Complaint in Divorce on serves it upon the other, upon the expiration of the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver ofNotioe of Intention to Request Entry of Divorce Decree and deliver same to counsel for the moving party, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record, Vital Statistics Form and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a home and property located at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband and Wife agree to cooperate with regard to preparing the marital residence for sale. They shall also cooperate with regard to completing and signing any and all documents necessary to effectuate a sale of the marital residence. (2) The proceeds of the sale of the marital residence shall be divided equally between the parties. (3) Pending sale of the marital residence, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, the existing mortgage, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's responsibilities under this paragraph regarding the Marital Residence. (b) FornisWm and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, fi rnisbings, antiques, jewelry, rugs, carpets, household appliances and equipment. Any personalty or furnishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as of the execution date ofthis Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. (c) Motor Vehicles. Husband and Wife agree that they shall each retain possession and receive as each of their sole and separate property, any vehicles currently titled in their own name solely, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of the other. Each shall indemnify and hold the other and his or her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with their vehicles. Husband shall carry automobile insurance for Wife and her son Justin pending the entry of a Decree in Divorce. (d) Life Insurance Husband hereby specifically releases and waives any and all right, title, claim or interest that he may have in and to any and all policies of insurance owned by or insuring the life of Wife, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. Husband shall obtain and keep current an insurance policy insuring Iris life and shall name the parties' minor child, Victoria Fanucci, as the beneficiary of said policy through a trust fund to be controlled by Francis L Fanucci, the child's paternal grandfather, or alternatively, Dianna Cowan, in the event Francis J. Fanucci is unwilling or unable to perform the duties of controlling a trust fund. Husband shall keep current any and all policies of insurance currently owned by or insuring the life of Husband and shall name We as the beneficiary of any and all life insurance policies owned by or insuring the life of Husband, except for the one policy in which the parties' minor child is the named beneficiary. (e) Pension and Retirement Benefits. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Accounts. Stocks and Investments (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. The parties also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. (g) Income Tax. The parties shall file a joint tax return for the tax year 2000 and shall equally divide any tax refund. Beginning in the tax year 2001, Wife shall claim the parties minor child, Victoria Fanucci, as a dependent on her income tax returns. Also beginning in the tax year 2001, Husband shall place in a college fund on behalf of the parties' minor child, Victoria Fanucci, 25% of any tax refunds he obtains until the child's I e birthday or graduates highschool, whichever is later. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bffi of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. M Assumption of Encumbrances. (1) Husband shall be solely responsible for any and all medical bills of himself, Wife, the parties' minor child Victoria Fanucci, and Wife's son login Danfelt, which have accrued or shall accrue prior the entry of a Decree in Divorce. (2) Other than as provided in paragraph (5)(k)(1) above, Wife shall be solely responsible for any and all liabilities she has incurred which are solely in her name. Wife shall also be solely responsible for any and all expenses associated with her retention of jointly held property pursuant to this Agreement. (3) Other than as provided in paragraph (5)(k)(1) above, Husband shall be solely responsible for any and all liabilities he has incurred which are solely in his name. Husband shall also be solely responsible for any and all expenses associated with her retention of jointly held property pursuant to this Agreement. (4) Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because ofthe debts, encumbrances or liens assumed by the other pursuant to this Agreement. (1) LiabIW Not Listed. Each party represents and warrants to the other that he or she has not incurred airy debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (m) Indemnification of Wife If arty claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well -founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (o) Warrautvas to Future Obliations Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony dente Vie, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties fii ther release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CEUILD SUPPORT. The parties agree that Husband shall pay Wife an unallocated amount for child support in the amount of $677.50 per month through Domestic Relations. 8. EDUCATIONAL EXPENSES. The parties agree to equally divide the cost of daycare for their minor child, Victoria Fanucci. The parties also agree to equally divide the cost of Catholic school tuition for the child when she becomes of age to attend school. 9. COUNSEL FFFS. COSTS AND EXPIENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws ofPennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each parry expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIM S (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right ofthe other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with fill power in him or her to dispose'ofthe same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of arty of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, 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 rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under to the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from an causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 13. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABMM If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the II same date, or if not on the same date, then the daze on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCHdATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be mall and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGgEFAWNT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTME AGREEMENT. Each party aclmowledges that he or she has carefi ly read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference, that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney, and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on t2 demand to comply with these provisions, that party shall pay to the other party all attorne3es fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or releases. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. SS '<?_Sz z - pW_l'?i uGGr?c p MARC I FA CCI 11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF kq lIPg--nn BEFORE ME, the undersigned authority, on this day personally appeared DENA L. FANUCCI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this (? / r tk day of .2001. r .. ?v Notary Public in and for Commonwealth ofPennsylvania Typed or primed name of Notary: My commission expires:+ NotarWSeal Sharon L. Reisinger, Notary PubNc M}rCo Rnn? 'E resJan 19tyL em er, nnsy auras a ion o 0 14 COMMON" TH OF P NSYLVANIA ) COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared MARC J. FANUCCI, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2001. in and for Typeddoor printed name ofNotary: My commission expires: nar?r?sef????. rear arta?sott?s?„ eto?stm^ .? ???®?:n., t.P13@S2s?4?r ? Enos cusw?? n:.W74; MM l.`EiU9?V93ad. '. 0.V is ?I?B9P6?'- `#z?s vtxM?y .r:5:e?s-+?.sars¢m.. 'eavx.A. »?.«??s s,?,?asea6s?cm .?a+?Mti n. rs?si ?nsik? ?? DENA FANUCCI, Plaintiff V. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. of Civil Term CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary. Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by Acceptance of Service by Defendant on or about 5/23/01. See attached "Defendant's Affidavit of Consent, Acceptance of Serivice and Waive of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code". 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff: 9/20/01; by the Defendant: 9/20/01. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praecipe to Transmit Record. Respectfully Submitted: Jean& B. Costopoulos, Esquire Attorney for Plaintiff 1400 N. Second Street Harrisburg, PA 17102 Phone: (717) 221-0900 PA S.Ct. ID No. 68735 Dated: / `fi "t _ 5N3!3i,. ?.tt_ciw'-er ,mc . ww;.as4'+.u sst..? ? ? Cana, ?r,< :c yua,:. ,+?trre?ttt - &]afd5i',?AiWA` IAMB _ f. Ul G3 Sz MAY 2 5 2007 4r1 DENA L. FANUCCI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-3099 CIVIL TERM MARC J. FANUCCI, CIVIL ACTION - LAW Defendant CUSTODY ORDER OF COURT AND NOW, this igh day of ? )At.. , 2007, the terms of the attached Stipulation of the Parties is hereby made an Order of Court. SAIDIS, LWDSA3Y 26 Wesr High Street Carlisle, PA BY THE COURT, rif' L 0 0 1 -.IJPIL Jo