HomeMy WebLinkAbout08-1839FRIEDMAN & HING, P.C.
John F. King, Esquire
ID #61919
3820 Market Street
Camp Hill, PA 17011
Tel.: (717) 236-8000/Fax: (717) 236-8080
ANDREW R. FUSCO,
Plaintiff
V.
MARIA E. FUSCO,
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. pg - 1839 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment 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, Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, PA.
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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
Respectfully submitted,
& KING, P.C.
By:
Job/i F. King, squire
38 AO Market Street-.-'
efimp Hill, PA 17011
(717) 236-8000
ANDREW R. FUSCO, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 0 P- / P 3 9 Lcut.l T-r,
MARIA E. FUSCO, CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Andrew R. Fusco, who currently resides at 30 Stonecrop Lane,
Manchester, York County, Pennsylvania 17345.
2. Defendant is Maria E. Fusco, who currently resides at 314 April Drive, #2,
Camp Hill, Cumberland County, Pennsylvania 17011.
3. The parties have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 20, 2003, in
Pocatello, Idaho.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. 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.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
Respectfully submitted,
Date:
am Hil PA 17011
P.C.
JFK/bp
Jo King, Esgwrc
Jo .Esquire
3 0 Market Street
3 0 Market Street
amp Hill, PA 17011
(717) 236-8000
VERIFICATION
I, Andrew R. Fusco, hereby acknowledge that I am the Plaintiff in the foregoing
action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are
true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18
Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
R. F co
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ANDREW R. FUSCO, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1839 Civil Term
MARIA E. FUSCO, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
Personally appeared before me, a Notary Public, in and for said Commonwealth and
County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to
law, deposes and says that a Certified copy of the Complaint in Divorce in the above-captioned
matter was served upon Defendant, Maria E. Fusco, by Certified Mail, Restricted Delivery, on
March 22, 2008, as evidenced by the attached letter and track/confirm document from the
United States Postal Service.
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91 IT /
JJq6 4 F. g, s ire
Sworn and subscribed to
before me this
day of , 2008.
Notary Public
COMMONW LTH CSYLVAMIA
NOTARIAL SEAL
BARBARA E. PALMER, Notary Pubk
City of Hortis m, Dou0in County
My Cor _ niss w En*U May 23, 20091
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UNITED STATES
?POSTA L SERVICE
Date: 04/24/2008
Fax Transmission To: BARB PALMER
Fax Number: 717-236-8080
Dear: BARB PALMER:
The following is in response to your 04/24/20D8 request for delivery information on your
Certified item number 7006 0100 0005 1040 3096. The delivery record shows that this item
was delivered on 03/22/2008 at 12:09 PM in CAMP HILL, PA 17011. The scanned image of the
recipient information is provided below.
Signature of Recipient"" 10 . N
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Address of Recipient:
Thank you for selecting the Postal Service for your mailing needs. If you require
additional assistance, please contact your local Post Office or postal representative.
Sincerely
United States Postal Service
? Direct Query - Intranet
Track/Confirm - Intranet Item Inquiry
Item Number: 7006 0100 0005 1040 3096
This item was delivered on 02/22/2006 at 12:09
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Signature. M
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ANDREW R. FUSCO, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1839 Civil Term
MARIA E. FUSCO, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on March 20, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) 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 of the 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 penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
DATED:
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ANDRE* R. FUSCO,
Plaintiff
V.
MARIA E. FUSCO,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1839 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST 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 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 unsworn falsification to authorities.
Date: t ua-
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ANDREW R. FUSCO, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1839 Civil Term
MARIA E. FUSCO, CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on March 20, 2008.
2. The marriage ofPIaintiff and Defendant is irretrievably broken and ninety
(90) 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 of the 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 penalties of 18 Pa. C.S. § 4904
relating to unworn falsification to authorities.
DATED:
Andrew R. Fusco
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ANDREW R. FUSCO, IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 08-1839 Civil Term
MARIA E. FUSCO, CIVIL ACTION -LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 3301(C) AND 3301(2) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a Divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by
the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
4. I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904
relating to unsworn falsification to authorities.
Date: AJp,? [?,?
ew R. Fu o, Plaintiff
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MARITAL SETTLEMENT AGREEMENT "-40? THIS AGREEMENT, made this.X66day of , 2008, by and between
ANDREW R. FUSCO, of York County, Pennsylvania, and MARIA E.. FUSCO, of Cumberland
County, Pennsylvania.
WITNESSETH:
WHEREAS, ANDREW R. FUSCO (hereinafter called "Husband") currently resides at
30 Stonecrop Lane, Manchester, York County, PA 17345; and
WHEREAS, MARIA E. FUSCO (hereinafter called "Wife") currently resides at 314
April Drive, #2, Camp Hill, Cumberland County, PA 17011; and
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
September 20, 2003; and
WHEREAS, the parties have lived separate and apart since on or about February 15,
2008; and
WHEREAS, no children were born of the marriage between the parties; and
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. 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, 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 hereafter acquired by the other. During the said separation, the parties shall have
the right to live as though they were unmarred, and their conduct during the separation shall not
give rise to additional grounds for divorce which do not presently exist. This Agreement shall
not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce
on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may
be available to either party. This Agreement is not intended to condone and shall not be deemed
to be a condonation on the part of either party hereto of any act or acts on the part of the other
party which have occasioned the disputes or unhappy differences, which acts have occurred prior
to or which may occur subsequent to the date hereof.
2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and
agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy
of the consideration for all agreements herein contained is stipulated, confessed, and admitted by
the parties, and the parties intend to be legally bound hereby.
K ADVICE OF COUNSEL. Each party acknowledges that this Agreement has been
prepared by counsel selected by Husband, to wit, John F. King, Esquire. John F. King, Esquire
has advised Wife that she has the absolute right to be represented by separate and independent
counsel of her choosing to advise her in the within matter, and John F. King, Esquire has
strongly recommended to Wife that she secure said counsel. By executing the within
Agreement, Wife acknowledges that she understands her right to said counsel and has consulted
with said counsel or is voluntarily choosing not to do so. By executing the within Agreement,
Wife waives any claim for conflict of interest which she could otherwise assert against John F.
King, Esquire and the firm of Friedman & King, P.C. Each party fully understands the facts and
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 it is being entered into freely and
voluntarily, 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, each party understands 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 or property owned
or possessed individually by the other, counsel fees and costs of litigation, and, fully knowing
the same, 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 or
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.
4. 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 taking 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 had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law, and each is aware of his or her 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, in the name of one party alone, or in
the name of one of the parties and another individual or individuals. Each party agrees that any
right to further disclosure, valuation, appraisal or enumeration or statement thereof in this
Agreement is hereby specifically waived, and the parties. do not wish to make or append hereto
any further enumeration or statement. Specifically, each party waives the need for copies of
bank statements, insurance policies, retirement plan statements or any other documentation.
Each party warrants that he or she is not aware of any marital asset which is not identified in this
Agreement. The parties 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, that he or she will never at any time hereafter sue the other party or 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 full disclosure, or that there was any
fraud, duress, undue influence or that there was a failure to have available full, proper and
independent representation by legal counsel.
5. 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 the
dissolution of their marriage, and thus any divorce action with respect to these parties shall be
limited to a claim for divorce only. Husband will file, after execution of the within Agreement, a
divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania. The
parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to
Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce
action in a timely fashion, providing, however, that the parties do hereby agree that the final
filing requesting the issuance of the Divorce Decree shall not occur before August 15, 2008.
Upon completion of the divorce action, counsel for Husband shall supply Wife, or her counsel if
she should have such counsel, with a copy of the Decree.
6. EQUITABLE DISTRIBUTION.
A. Real estate: The parties are the owners of real estate located at 30 Stonecrop
Lane, Manchester, York County, PA 17345 (hereinafter called "subject premises'). From and
after February 15, 2008, Husband shall enjoy sole and exclusive possession of subject premises.
Wife agrees that she will transfer all of her right, title and interest to Husband individually.
Husband shall be solely responsible for the maintenance of subject premises and the debt
thereof, which debt is currently in Husband's name solely.
B. Furnishings and personalty: The parties agree that they have divided by
agreement between themselves all furnishings and personalty located at subject'premises,
including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and
equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings
and personalty currently in his possession, free and clear of any right, title, claim and/or interest
of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty
currently in her possession, free and clear of any right, title, claim and/or interest of Husband.
C. Vehicles: Husband shall receive the 2008 VW GTL currently titled in
Husband's name, and shall be responsible for all debt associated therewith. Husband shall
receive the 1988 Ford F-150. Wife shall receive the 2004 Toyota 4-Runner, and shall be
responsible for the monthly lease payments thereof. Each party shall cooperate by executing all
Penndot and other documents necessary to effectuate the intent of the within paragraph, if any.
Husband agrees to pay to Wife the cost of her current automobile insurance on the 2004 Toyota
4-Runner through August 1, 2008, or, in the alternative, the lease termination date should such
lease terminate prior to August 1, 2008.
D. Investments: Husband shall retain individual ownership of the ScotTrade
account and the equities contained therein.
E. Bank/Retirement/Brokerage Accounts: The parties agree to the distribution by
Husband to Wife of the following amounts from the following accounts:
i. Commerce Savings Account - $1,044.00 to Wife.
ii. Commerce Checking Account - Balance as of February 22, 2008 to
Wife.
iii. HSBC Direct Savings - $2,256.50 to Wife.
iv. The parties hereby waive any and all right to claim any interest or
share in each other's pension or individual retirement accounts.
F. Lump Sum Payment: In consideration of Wife's. waiver of all rights arising
from the marital relationship, except as otherwise provided herein, and in consideration of the
equitable division of the parties' marital property, Husband shall pay to Wife the lump sum of
$25,300.00. This payment is intended to effectuate an equal division of the parties' marital
property and is being effected without the introduction of outside funds or other property not
constituting the marital estate. Said payment shall be made to Wife by Husband no later than
thirty (30) calendar days after the date of the issuance of the final Divorce Decree.
G. Miscellaneous Property: As of the execution date of the within 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.
H. 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 bill of sale to evidence the transfer of any and all rights in such property from Husband
to Wife.
1. 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.
J. Marital Debt: Each party shall be solely responsible for the debt contained in
each and every account held by each said party or in each said party's name.
K. Health Insurance: The parties agree that Wife shall not be removed from
Husband's employer-provided medical insurance until the date of the issuance of the Divorce
Decree, or, in the alternative, upon being given notice that Wife has acquired independent health
insurance coverage, should Wife acquire such coverage prior to the issuance of the Divorce
Decree, so long as such medical insurance is available to Husband.
L. Liability Not Listed. Each party represents and warrants to the other that he or
she has not incurred any 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 debts, obligations and liabilities.
M. Indemnification of Wife. If any claim, action or proceeding is hereafter
initiated seeking to hold Wife liable for the debts or obligations assume 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.
0. Warranty as to Future Obligations. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the fature 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 actual attorney's fees, incurred in the event of breach hereof.
7. INCOME TAX. The parties have filed their 2007 joint federal, state and local tax
returns. The parties agree to, upon demand, execute any and all refund checks which will be
distributed as follows:
i. Federal income tax refund - $2,700.00 to Wife, balance to
Husband.
ii. State tax refund - $150.00 to Wife, balance to Husband.
iii. Local tax refund - $500.00 to wife, balance to Husband.
In addition, the parties hereby agree to execute any government "stimulus" rebate
checks which arrive in joint names, and further agree to equally divide the amount thereof.
Both parties agree that, relative to any such previously jointly-filed returns, in the
event any deficiency in federal, state or local income tax is proposed or any assessment of any
such tax is made against either of them, each will indemnify and hold harmless the other from
and against any loss or liability for any such tax deficiency or assessment and any interest,
penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense
shall be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent or his or her separate income
on the aforesaid joint returns.
8. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and
Wife hereby expressly waive, discharge and release any and all rights and claims which either
may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite,
spousal support and/or maintenance of other like benefits resulting from the parties' status as
husband and wife. The parties further 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.
9. 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 wavier shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pennsylvania, or any other jurisdiction.
10. 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 party 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.
11. RELEASE OF CLAIMS.
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
Section 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 fixture. The parties have divided between them to their mutual
satisfaction all 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 which are now in the possession or under the control of the
other. Should it become necessary, each party agrees to sign any title or documents necessary to
give effect to this paragraph, upon request. However, neither party is released or discharged
from any obligation under this Agreement nor any instrument or document executed pursuant to
this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right of the other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
B. Each partyhereby 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 presently have or at any time hereafter will have 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 any 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 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 all causes of action, claims,
rights or demands whatsoever in law or in equity, which either party ever had or now has against
the other.
E. The parties agree to elect to have the provisions of Section 1041 of the
Internal Revenue Code apply to all qualifying transfers of property. The parties understand that
Section 1041 applies to all property transferred between spouses or former spouses incident to
divorce. The parties further understand that the effects for federal income tax purposes of
having Section 1041 apply are that (1) no gain or loss is recognized by the transferor
spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in
the hands of the transferee spouse/former spouse is the adjusted basis of the property in the
hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis
of the transferred property is less than, equal to, or greater than the fair market value of the
property at the time of transfer. The parties understand that if the transferee spouse/former
spouse disposes of the property in a transaction in which gain is recognized, the amount of gain
that is taxable may be larger than it would have been if this election had not been made.
12. PRESERVATION OF RECORDS. Each parry 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.
13. MODIFICATION. No modification, rescission, or amendment to this Agreement
shall be effective unless in writing signed by each of the parties hereto.
14. SEVERABELITY. 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.
15. 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.
16. 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.
17. NOTICE. Any notice to be given under this Agreement by either party to the other
shall be in writing and may be effected by registered or certified mail, return receipt requested.
Notice to Husband will be sufficient if made or addressed to the following: Andrew R. Fusco, 30
Stonecrop Lane, Manchester, PA 17345, and to Wife, if made or addressed to the following:
Maria E. Fusco, 314 April Drive, #2, Camp Hill, PA 17011.
Notice shall be deemed to have occurred upon the date received by the recipient. Each
party may change the address for notice to him or her by giving notice of that change in
accordance with the provisions of this paragraph.
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 same date, or if not on the same date, then the date 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 DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF
WARRANTIES. 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 null and void. If any term, condition, clause or provision of this Agreement
shall, by its reasonable interpretation, be intended to survive and extend beyond the termination
of the marriage relationship presently existing between the parties hereto, said term or terms,
condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it
being the express intention of both parties hereto to have this Agreement govern their
relationship now and hereafter, irrespective of their marital status.
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. AGREEMENT 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. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully
read this Agreement; that he or she has discussed its provisions with an attorney or his or her
own choice, and has executed it voluntarily and in reliance upon his or her own attorney? OR
has waived the right to consult with an attorney despite being advised to do so?; 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 demand to comply with these provisions, that party shall pay
to the other party all attorney's fees, costs, and other expenses actually incurred as a result of
such failure.
26. AGREEMENT NOT TO BE MERGED. This Agreement shall 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 released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first written above.
WITNESS:
o f
Andrew R. F sco
M Ea usco
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CPM6 -e& Alt'-'
. SS:
On this, thec: - "day of ,2008, before me a Notary Public, the undersigned
officer personally appeared Andreusco, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that he executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
(continued)
Co
MA' BARMPA E. mYMoy pok
* ? E*M I* A 2001
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF C-u m:b-.rte
On this, tha>A6d.ay of -t , 2008, before me a Notary Public, the undersigned
officer, personally appeared Maria E. Fusco, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
G YMIfA
wii? SEAL
BARBARA L FNAER. Notn? PrbNc
'City of HwrWw& D
My Comb" n
ANDREW R. FUSCO,
Plaintiff
V.
MARIA E. FUSCO,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-1839 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code.
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
2. Date and manner of service of the complaint: On March 22, 2008 by Certified Mail,
Restricted Delivery.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, August 18, 2008; by Defendant, August 18, 2008.
4. Related claims pending: There are no related claims pending.
2008.
5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: August 19, 2008.
Date Defendant's Waiver of Notice was filed with the Prothonotary: August 19,
J . King, quire
orney for Plainti
na
n
35
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
ANDREW R. FUSCO, „
Plaintiff
VERSUS
MARIA E. FUSCO,
Defendant
NO.
08-1839 Civil Term
DECREE IN
DIVORCE 3,.4ga ,Aq It
AND NOW, d - 2008, IT IS ORDERED AND
DECREED THAT Andrew R. Fusco
AND
Maria E. Fusco
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 Marital Settlement Agreement is incorporated,
but not merged, and made a part
I
Decree in Divorce.
ATTEST: J
PROTHONOTARY
••
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff r?q
Vs File No.
IN DIVORCE
Defendant =T
• („f i
{^ ice' !.
NOTICE TO RESUME PRIOR SURNAME 4
< CT4 <
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by ma=king'Y J
prior to the entry of a Final Decree in Divorce,
27(?
or after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of ObKi o, E- 10. , and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: N16110
Signature
?Siahrre oof i COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF ?I.Ghil bwhi cd
on the l5' L day of AXi ( 9A? before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof; I have hereunto set my hand hereunto set my hand and official
seal.
fd. 411w
Notary PubliDl/ - ?dw