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HomeMy WebLinkAbout01-5965DANA L. CARRIERI, Plaintiff Vo DAMIAN CARRIERI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : :NO. : : CIVIL ACTION - LAW : IN DIVORCE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so the cas may proceed without you and a Decree in Divo ........ , .... ' e · ~ ~ aanutmem may ~e enterea against you by the Court. A judgment may also be emered 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 ehildrcn. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL~ IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. NOT YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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, Pennsylvania 17013 Phone: (717) 249-3166 /°h9 J' ~onnX~ly, ~r.,'Esqu~ DANA L. CARRIERI, Plaintiff DAMIAN CARRIER/, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : ; : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAIl,ABILITY OF COUNSEl,IN('~ To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at thc Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary DANA L. CARRIERI, Plaintiff Vo DAMIAN CARRIERI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA :No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Dana L. Carrieri, who currently resides at 403 Huron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Damian Carrieri, who currently resides at 403 Huron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 3, 1981, in Altoona, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plalntiffis a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The Plaintiffhas been adwsed of the avmlabthty of counseling and that the Plaintiff may have the right to request that the Court require the par6es to participate in counseling. The parties to this action have been separated since July of 2001. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. JAM~S, SMITH, DURKIN & CONNELLY Jo C el ,Jr,E uire - ' Post Offic'~Bo~650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading 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 unswom falsification to authorities. TO LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LL:P ~ ,~,,E~ CER~,~y ,,^T T,E w,-~.,. ,s R O. BOX 650 ORIGINAL FILED IN THIS ACTION. HERSHEY, PENNSYLVANIA 170334)650 ^rTOn. Ey DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE~ COUNTY Cumberland RECORD OF DIVORCE OR ANNULMENT [] (CHECK ONE) [] STATE FiLE DATE NAME HUSBAND Damian Carrieri B~.~ 03/26/59 Pennsylvania 403 Huron[D~ive, Mechanicsburg, Cumberland, Pennsylvania 5. NUMBER 16. RACE 7, USUAL OCCU.^T~O. Manager WIFE 8. MALDEN NAME (Fire0 (,',4k~%~) (I.a~t) / 9. DATE (~) (Day) Year MILLER Dana L. Carrieri o~ ~.m~ 03/21/62 403 Huron Drive, Mechanicsburg, Cumberland, Pennsylvania o~ B~m~ Pennsylvania MAREIAG£ '~ ~ [] [] Clinical Manager M^~R~^~E Blair Pennsylvania m~ M^~E~^G~ 04/03/81 ~esl~g zn san] ~,VORC~OEm. UUaENT household ~ 3301 of the Divorce Code TO LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LLP ~-~-~t ^,o coR~£cr coPY I~ O. BOX 650 HERSHEY, PENNSYLVANIA 170334)650 ^WO~N£¥ DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. c~ - 6~9~ CIVIL ACTION - LAW IN DIVORCE Dana L. Carried, social security no. 190-58-4199 Damian Carrieri, social security no. 186-52-7610 TO LAW OFFICE JAMES, SMITH, DURKIN & CONNELLY, LEP E O. BOX 650 HERSHEY, PENNSYLVANIA 170334)650 WE HEREBy CERTIFY THAT THE WITHIN A TI~UE AND CORRECT COPy OF THE ORIGINAL FILED IN THIS ACTION. BY DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5965 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AND NOW, this c~0//t.~ day of SS. ,2001, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Counelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce was served on the Defendant, Damian Carried, on October 22, 2001 by certified mail number 7000 1670 0011 1698 0070, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of~ ,2001. ~ N0tar~ Publict  NOTARIAL SEAL Jean L. Kosler, Notary Public CitYMyOfcommlsslonHUmmelstown,County Of Dauphin Expires Feb. 9, 2004 · Complete Items 1, 2, and 3. Aim ~omplete Item 4 if Restricted Delivery is d~lred. · Print your name and addre~ on the reverse so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: A. Reeelved by ~aee Print C/eeSy) Date of Dellv~7 I [] Addressee D. is delivery address different from Item 17 [] Yes if YES, enter delivery address below: [] No r~ [] 4. Restricted Delivery? ~ Fee) DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 01-5965 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for Defendant, Darnian Carrieri, in the above captioned matter. ~ I(. ]B'rad~rma~,Esquire 40. 07047 /' · - Locust Street PO Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 CERTIFICATION I hereby certify that I am this day serving a true and correct copy of the attached Praecipe For Entry Of Appearance on the following individuals by First Class U.S. Mail addressed as follows: John J. Connelly, Jr., Esquire P,.O. Box 650 Hershey, PA 17033 Date: Respectfully submitted, PO Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 DANA L. CARRIERI, Plaintiff Vo DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 5965 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16 2001 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: 0/'~-0o~ D~a L. Carried, Plaintiff DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 5965 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(e) 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, lawyers fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Date: Dana L. Carrieri, Plaintiff DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 5965 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 16 2001 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Damian Carded, Defendant DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01 - 5965 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. Damian Carrieri, Defendant PROPERTY SETTLEMENT AGREEMENT TIHS AGREEMENT, made this /~7:~ day of (~~ ,2002, by and between Damian Carfiefi, hereinafter called "Husband", an~/Dana L. Car~eri, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on April 3, 1981; WHEREAS, three (3) children were bom of this marriage; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their fights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party oftbe lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or~ttempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DMSION OF REAL PROPERTY. Husband agrees to transfer all his right, title and interest in and to the real estate located at 403 Huron Drive, Mechanicsburg, Cumberland County, Pennsylvania, now titled in the name of Husband and Wife. Husband shall execute a Deed at the time of the execution of this Agreement which shall be held in escrow by counsel for Wife, John J. Connelly, Jr., Esquire, pending the refinancing of the marital residence the details of which are set forth herein. Wife has applied to refinance the existing home mortgage in her name individually thereby releasing her Husband from any further liability. It is anticipated by the parties that the said ref'mancing shall occur on or before February 1, 2002. The parties agree that the Deed, being held in escrow by counsel for Wife, shall be released to Wife at the time of the refinancing. Husband has agreed to pay all household related expenses including the home mortgage through the month of January 2002. Thereafter, Wife shall indemnify and hold Husband harmless on any obligations relating to the said real estate. Husband has agreed that he shall vacate the marital residence on or before Febma_ry 1, 2002. 4. DIVISION OF PERSONAL PROPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items. It is anticipated that at the time Husband moves from the marital residence the items agreed upon between the parties to be Husband's sole and separate property will be removed by him at that time. 5. CUSTODY AND VISITATION. The parties have agreed that the parties' minor children, Ashley M. Carrieri and Matthew W. Carrieri, shall remain in the primary custody of Wife at the marital residence of the parties. Husband shall have liberal partial custody rights. The parties shall take into account the requests and preferences of the minor children when setting up the partial custody schedule. In the event the parties cannot agree on this issue, the matter can be presented to the Court. SUPPORT. The parties shall attempt to resolve the support issues between themselves on a negotiated basis. In the event child support cannot be agreed upon Wife shall file an action with the Court of Common Pleas of Cumberland County, Pennsylvania to establish an Order for child support. Husband further agrees that he shall maintain the children on his medical insurance as supplied through his employer. 7. EOUITABLE DISTRIBUTION. Husband agrees to pay to Wife in the form of equitable distribution the stun of Forty Three Thousand Five Hundred Sixty Eight ($43,568.00) Dollars. This sum should be rolled over from Husband's A.G. Edwards IRA rollover account to an IRA designated by Wife which she anticipates opening at A.G. Edwards for convenience of transfer. Counsel for Wife shall prepare, if necessary, a Domestic Relations Order permitting the transfer in a tax exempt manner. It is anticipated that the parties may accomplish this transfer without a need for a Court Order. However, if one is necessary it shall be provided promptly to A.G. Edwards. PENSIONS. Each party shall retain as their sole and separate property any pension benefits in their own name including, but not limited to, IRAs, 401 (k) plans, 403(b) plans or other pension benefits. As indicated previously, Husband has an IRA with A.G. Edwards and with the exception of the rollover set forth above, Husband shall retain that IRA as his sole and separate property. He shall also retain his pension and 401 (k) plan with Roadway. Wife shall retain as her sole and separate property her pension plan with Pinnacle Health as well her 403(b) plan with the same employer and any other IRAs or rollovers in her own name individually. 9. MOTOR VEItlCLES. Wife shall retain the 1993 Jeep Cherokee as her sole and separate property and Husband shall retain the 2000 Pontiac Van and shall assume sole responsibility for the loan with GMAC. Husband shall indemnify and hold Wife harmless of the said obligation and to the extent he is able, will remove Wife's name from the said obligation should it appear. The parties agree to execute any and all documents necessary to accomplish the terms of this paragraph. 10. Each party retains a Master Card in their own name individually with a balance due of approximately $5,000.00. Each shall assume sole responsibility for the credit card in their name individually. 11. IJGIMA ACCOUNTS. Husband shall retain responsibility for the administration of the UGMA accounts for the benefit of the minor children. It is the intent of the parties for these monies is to be used for the children's education and Husband assumes responsibility for applying those funds appropriately. 12. LIFE INSURANCE. Each party shall retain any life insurance policies in their names individually includ'mg any cash value related thereto. 13. 2001 TAX RETURN. The parties agree that they will file joint Federal and Commonwealth of Pennsylvania Tax Returns for the tax year 2001 and will divide any refunds equally. 14. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. 15. FULL DISCLOSURE. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement. 16. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any documents necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 17. 5EI 2 LPlRff . Wife represents and warrants to Husband that since the parties' 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 Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 18. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' 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 Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations ineun'ed by him. 19. WAIVERS OF CLAIMS AGAINST ESTATES. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or herea~r acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widows allowance, fight to take in intestacy, fight to take against the Will of the other, and fight to act as administrator or executor 0fthe other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishmem of all such interests, rights and claims. 20. REPRESENTATION. It is recognized by the parties hereto that Dana L. Carrieri is represented by John J. Connelly, Jr., Esquire, and Damian Carriefi is represented by Jay R. Bmderman, Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 21. VOLUNTARY EXECUTION. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 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. 25. GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of' the Commonwealth of Pennsylvania. 26. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shail be deemed to be a separate and independent covenant and agreement. 27. 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 fxom this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. ENTRY AS PART OF DECREE. It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial teims of this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 29. DIVORCE ACTIOI~. The parties shall, at the time of the execution of the Agreement, execute documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 01-5965, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. 30. DOMESTIC RELATIONS CODE OF TI-IF. COMMONWEALTH Ol? Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WI-IEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. Damian Carried Jo D~i IJ. Car~ieri COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : Onthis, the /~f_~. dayof ~/d~tJ.g_ ,2002, beforeme, a Notary Public, ,// /f personally appeared Damian Carrieri,t~known to me ~ be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : NOTARIAL SEAL Jean L Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 Onthis, the /~/~ dayof(~tdd2~.JtL/..~/ ,2002, beforeme, a Notary Public, personally appeared D~n-a ~. carrieri,{/known to me ti~e the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ff NOTAR~ 15UBLI~C NOTARIAL SEAL: - Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 DANA L. CARRIERI, Plaintiff DAMIAN CARRIERI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-5965 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: October 22, 2001 by Certified Mail No. 7000 1670 0011 1698 0070. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff.' January 23, 2002 by Defendant: January 23, 2002. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a Property Settlement Agreement dated January 18, 2002. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff.' January 23, 2002; by Defendant: January 23, 2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Waivers are being filed simultaneously with this Praecipe. Date: JAMES, SMITH, DURKIN & CONNELLY LLP _A~ ' _o~__ for el~!~tff ( Post Office Box 650 ~ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 CD ...< iN ThE cOUrT OF COMMON PLEAS OF CUMBERLAND COUNTY DANA L. CARRIERI, Plaintiff VeRsus DAMIAN CARRIERI, Defendant STATE OF ~ PENNA. NO. 01 - 5965 CIVIL TERM AND NOW, DECREED THAT AND DECREE IN DIVORCE Dana L. Carrieri ?~~/f IS ORDERED AND PLAINTIFF, Damian Carrieri , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet been ENTERED; None The attached Property Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce. BY The ATTEST: PROTHONOTarY