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HomeMy WebLinkAbout08-339811 U FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ov- 339' cr?s l ?«? : 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 AT THE CUMBERLAND COUNTY COURTHOUSE, I COURTHOUSE SQUARE, CARLISLE, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANCIS A. CICCOCIOPPO, . Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 ?-- 3 3-? Q' c rW l fvO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT DIVORCE UNDER P43301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Francis A. Ciccocioppo, who currently resides at 1345 Sconsett Way, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Kimberly H. Ciccocioppo, who current resides at 340 Blacklatch Lane, Camp Hill, Cumberland County, Pennsylvania, 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 23, 1991 in Marysville, Pennsylvania. 5. The parties are the parents of two (2) minor children: Samantha E. Ciccocioppo, born on August 24, 1991 and Dominic A. Ciccocioppo, born on July 15, 1996. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that he may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, COLGAN MARZZACCO LLC By: If , Timothy J. C 1 , s re Attorney ID # 77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Phone: (717) 502-5000 Fax: (717) 502-5050 Dated: C-7 q, 08 f FRANCIS A. CICCOCIOPPO, Plaintiff vs. KIMBERLY H. CICCOCIOPPO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION 1, Francis A. Ciccocioppo, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unsworn falsification to authorities. 1 Date: -? / t?-z----t F NCiS A. CICCOCIOPPO Plaintiff Q? o ? 'lC v w 0 ca 4' - 0 , c? 0 t FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3398 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of Plaintiffs Complaint in Divorce in the above-captioned matter filed on June 2, 2008, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Dater kimberly H 1cc cioppo 340 Blacklat e Camp Hill, PA 17070 C"J o .. x- CJa,r- rr M W FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3398 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under 33301(c) of the Divorce Code was filed on June 2, 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 made herein are subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. 91q1' 8 Date S Francis A. Ciccocioppo Plaintiff C ?` .`? lef I FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3398 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer=s fees, or expenses 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. 9, G Date - '? Francis A. Ciccocioppo Plaintiff C'J C C) IWO -rt FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3398 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on June 2, 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 made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6' P AC,] ? A Jy/ iol r log Date Kimberly H. Cic ioppo Defendant C J ?" s i c .? NI ?7 rte. f FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3398 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Kim erly H. Cicc ioppo Defendant C"? f.._. C'? C2:1 _.i? ..-.y "i" , ?" •` , S "S ', aL.i ,. r ... F n _ __ ,. Y .? -? MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this J nt day of 2008, by and between FRANCIS A. CICCOCIOPPO, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND") and KIMBERLY H. CICCOCIOPPO, of Camp Hill, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on March 23, 1991 and separated on March 1, 2008; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody matters and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds or to any 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. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that HUSBAND will file a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last 2 executing this Agreement. 6. DISTRIBUTION DATES: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date, which shall be defined as the effective date of this Agreement, unless otherwise provided for herein, including any spousal support and/or alimony payments. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims 3 pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. VOLUNTARY AGREEMENT: The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have had the opportunity to have this Agreement reviewed by counsel of their choosing. The parties acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: WIFE shall retain the entirety of the contents of the marital residence located at 340 Blacklatch Lane, Camp Hill, PA with the exception ofHUSBAND's personal effects, including but not limited to clothes, books, movies, CDS, alcohol, tools, weights, two Bose stereos, living room furniture (Ekornes and entertainment cabinet), HUSBAND's notebook computer and miscellaneous kitchen utensils that WIFE doesn't want). With the exception of the items listed above, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 4 12. REAL PROPERTY: The parties jointly own a home located at 340 Blacklatch Lane, Camp Hill, PA. There is no mortgage against the property. The property has not been appraised for purposes of this agreement but the parties stipulate that the estimated value of the property is $300,000.00. HUSBAND shall sign a deed conveying all right, title and interest in and to said propertyto WIFE. Said deed shall be signed contemporaneous with the execution ofthis Agreement. Counsel for HUSBAND shall prepare the deed and record same in the office of the Recorder of Deeds of Cumberland County, Pennsylvania. HUSBAND shall thereafter have no claim with regard to said property. 13. BUSINESS INTERESTS: HUSBAND has a minority ownership interest in Ohio Bath Solutions, LLC (15%), Allegheny Bath, LLC (8.1%) and Gross Family Home Services, LLC (10%) which the parties have not had valued. The parties stipulate and agree to waive formal valuation of said business interests in light of the equitable division of the parties assets pursuant to this agreement. 14. BANK ACCOUNTS: HUSBAND and WIFE have owned various accounts during their marriage in both their individual names. The current accounts include Commerce savings account ending in 0331 with a balance as of 12/31/07 of $89,892.44, M&T Select account ending in 9105 with a balance as of 1/11/08 of $25,347.56 and M&T Personal Savings account ending in 8735 with a balance as of 1/11/08 of $90,172.66. HUSBAND shall become the sole and separate owner of said accounts and WIFE shall cooperate in signing any and all documents required to effectuate the transfer of ownership to HUSBAND individually. WIFE shall thereafter have no claim to said accounts. 15. MOTOR VEHICLES: WIFE shall retain her vehicle (a 2003 Honda Pilot) and shall at all times be responsible for the vehicle, including the insurance and maintenance on the vehicle. WIFE agrees to indemnify and hold harmless HUSBAND as to same. HUSBAND shall retain his vehicle (a 2005 Toyota Avalon) and shall at all times be responsible for the vehicle, including the insurance and maintenance on the vehicle. HUSBAND agrees to indemnify and hold harmless WIFE as to same. Each party agrees to execute any and all documentation to give effect to this paragraph within ten (10) days of a request of the other party. 16. RETIREMENT ACCOUNTS: HUSBAND is the owner of a 401(k) account through his employment with Bath Saver, Inc. The value of the 401(k) as of 12/31/07 was $61,034.95. HUSBAND shall transfer $30,000.00 of said account to WIFE within 90 days of the execution of this Agreement via a Qualified Domestic Relations Order (QDRO) or other approved method incident to the divorce so as to avoid income taxes and penalties for early withdrawal of said funds. HUSBAND shall retain the balance of said account as his sole and separate property. 17. CUSTODY: The parties are the parents of two minor children: Samantha and Dominic. WIFE shall have primary physical custody and HUSBAND shall have partial physical custody on alternate weekends. Each party shall be entitled to two non-consecutive weeks of vacation each year with the children upon 30 days written notice to the other. The party first selecting a vacation week by written notice to the other shall be entitled to that week in the event of a conflict. The parties shall determine holiday schedules by mutual agreement. The parties shall share Legal Custody of the minor children as that term is defined in the Custody Act. 18. CHILD SUPPORT: HUSBAND shall pay the sum of $5,000.00 per month as child support for the minor children. This amount is agreed upon based upon the reasonable needs and expenses necessary for the maintenance of the children. The sum shall remain payable until August 24, 2009 at which time HUSBAND's support obligation shall be adjusted to reflect the emancipation of Samantha at which time the amount of support shall be $4,166.00 per month. Said amounts shall be modified pro rata based upon either a decrease in HUSBAND's income or an increase in WIFE's income. Should HUSBAND be subject to an order for support in an amount in excess of the amounts stated above, he shall be entitled to a dollar for dollar reduction in the amount of college educational costs he is obligated to pay pursuant to paragraph 19 herein. 19. COLLEGE EDUCATION COSTS FOR THE CHILDREN: HUSBAND shall pay the reasonable costs of post secondary education for the children to the extent that such costs exceed the balances in the children's 529 college savings plans. "Reasonable costs of post secondary education" shall be defined as the lesser of the actual cost of tuition, room and board at the college or university attended by the child or the average cost of tuition, room and board at colleges and universities that are part of the Pennsylvania State System of Higher Education in the year in which 6 the child is enrolled. In order for the child to continue to receive the post secondary education costs outlined herein, the child must remain continuously enrolled in a degree program at a four year university and must maintain a cumulative grade point average of 3.0. HUSBAND shall continue to be obligated under this provision for so long as his income and employment status are substantially the same as it was as of the effective date of this Agreement. To the extent HUSBAND's income or employment are not substantially the same as it was as of the effective date of this agreement, HUSBAND shall be entitled to a pro rata reduction in his obligations hereunder. 20. VEHICLE FOR SAMANTHA: HUSBAND shall purchase a vehicle for Samantha's use at a total cost not to exceed $15,000.00 including taxes and transfer costs. The vehicle shall be titled in HUSBAND's name. Samantha shall be responsible for all operating costs associated with the vehicle including but not limited to fuel, insurance and maintenance. 21. EDUCATION COSTS FOR WIFE: HUSBAND shall provide WIFE with $5,000.00 over the 18 months immediately following the execution of this Agreement for the purpose of continuing her higher education. Said funds shall be used for tuition and/or books related to said education. 22. HEALTH INSURANCE: WIFE shall remain on HUSBAND's health insurance coverage for 90 days following the Effective Date of this Agreement or until the entry of the Decree in Divorce, whichever shall first occur. Upon the entry of a Decree in Divorce, HUSBAND shall pay the costs of COBRA coverage for WIFE for a period of 18 months or until WIFE obtains employment with health insurance benefits, whichever shall first occur, after which time each party shall be responsible for the cost of their own health insurance coverage. 23. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and 7 relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 24. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 25. INCOME TAX: The parties have heretofore filed joint income tax returns. Both parties agree that 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 of his or her separate income on the aforesaid joint returns. 26. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 27. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 28. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be 8 responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 29. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at 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 relinquishment of such interests, rights and claims. 30. 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. 31. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 32. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 33. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 34. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 35. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other (attached hereto as 9 Exhibit A) as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall in all other respects remain in full force and effect. 36. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 37. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 38. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first :above ?-?- l7 C W' FRANCIS A. CICCOCIOPPO itness KIMBE Y H. CICCO I PPO 11 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF &eW e6 k 1,X &01 On this, theme day of 2008, before me a Notary Public, personally appeared FRANCIS A. CICCO OPPO, known to me to be the person whose name is subscribed to the within Marital 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. otary Public HMI Boro, Cumberleed CQWIY mws" Expires Jm. 30.2012 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY 0 F?is'IBE??1?J? On this, ,- day of , 2008, before me a Notary Public, personally appeared KIMBERLY H. CIC OCIOPPO, known to me to be the person whose name is subscribed to the within Marital 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. otary Public GAL P. gTRICKL.ER, NoWy PA k CUM 10 Boro, CwAviwd coo IN Canoe DOM J0. A ml 12 Revised March 21, 2008 ?._, c-, -?, - -r-t __? ? ? ? ?-. `?= s w _? : ; n... - - _' =;` {,. ?°? ;-a., -? .`,. FRANCIS A. CICCOCIOPPO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. KIMBERLY H. CICCOCIOPPO, Defendant : NO. 08-3398 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: Grounds for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: The Defendant Accented Service of the Complaint on June 7, 2008, said Acceptance of Service was filed with this Honorable Court on June 11, 2008. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: September 4, 2008 ; By Defendant: October 1, 2008. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: N/A. 4. Related claims pending: All related claims were settled by a Marital Settlement Agreement dated April 2, 2008, and is beina filed simultaneously with this Praecipe. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 12.2008; Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Beim filed simultaneously with this Praecipe. Respectfully Submitted, COLGAN MARZZACCO, LLC By Timothy 7 gan, Esquire Attorney ID #77944 130 West Church Street Suite 100 Dillsburg, PA 17019 Tel: (717) 502-5000 Fax: (717) 502-5050 Dated: 10- 6 -08 C; `"' ? ,?3 - ? _ ? ? { ? ??r t , ?. 'S ? ??+? "}l ?.,.. ? .. .. -, { .; ti , c? ate" a;a ? ...? --?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. FRANCIS A. CICCOCIOPPO. Plaintiff No. 2008-3398 CIVIL TERM VERSUS KIMBERLY H. CICCOCIOPPO. Defendant DECREE IN DIVORCE AND NOW, 1?2jkfi4- 114 "7 lp?, IT IS ORDERED AND DECREED THAT FRANCIS A. CICCOCIOPPO AND KIMBERLY H. CICCOCIOPPO 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; Vow The terms and provisions of the Marital Settlement Agreement signed by the parties and dated April 2, 2008 are hereby incorporate jaVt not merg@'in the Decree of Divorce and remain binding upon the partieVURT: BY THE ATTEST: - ` J. PROTHONOTARY f sf-? sl- ? JAN 0 9 2009 FRANCIS A. CICCOCIOPPO, Plaintiff VS. KIMBERLY H. CICCOCIOPPO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3398 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this 77day of , 200 pursuant to the Agreement and Stipulation of the parties, the following Order is entered: 1. The "Participant' 'means the Plaintiff, Francis A. Ciccocioppo, whose current address is 1345 Sconsett Way, New Cumberland, PA 17070. His Social Security Number is 190-50-5226. His date of birth is 12/28/1971. 2. The "Alternate Payee" means the Defendant, Kimberly H. Ciccocioppo, whose current address is 340 Blacklatch Lane, Camp Hill, PA 17011. Her Social Security Number is 205- 66-0594. Her date of birth is 03/07/1971. 3. The parties' date of marriage is March 23, 1991. The parties were divorced pursuant to a Decree and Order entered by this Honorable Court on October 14, 2008. 4. The parties shall promptly notify the Plan Administrator of the Bath Saver Inc. Plan of any change in their addresses from those set forth herein during the term of this Order. 5. A portion of the assets of the Participant's Plan are marital property of the parties. 6. The Alternate Payee shall be entitled to receive from the Plan $30,000.00. 7. As soon as practicable, the Plan will sever the Parties' respective interest in the Plan into two separate accounts, one for the Participant and one for the Alternate Payee. Each party shall have no claim against the other's separate accounts. 8. The Alternate Payee can request her share of all of the benefits of the Plan at any time after this Order is found to be a Qualified Domestic Relations Order by the Plan Administrator. In the event the Plan Administrator inadvertently pays to the Alternate Payee any benefits which are not assigned to her pursuant to the terms of the Qualified Domestic Relations Order, the Alternate Payee shall reimburse the Participant, or cause the transfer of such sum, to the Participant such sum within thirty (30) days after demand is made therefore. 9. This Honorable Court reserves jurisdiction to make such further Orders relating to these benefits in the Plan that are necessary to carry out this Qualified Domestic Relations Order. 10. From and after the date of this Qualified Domestic Relations Order with respect to the Alternate Payee's interest in each Plan created and recognized herein, said Alternate Payee shall have the sole and exclusive right: A. To direct and manage the investment of her interest in the Plan over which the Participant shall have no control; or B. To withdraw her interest in the Plan at the earliest time the Participant would be eligible to withdraw his interest in the Plan; or C. To direct the Plan Administrator of each Plan to transfer or roll over her interest in said Plan to an Individual Retirement Account of her choosing for her benefit or any other Individual Retirement Account for her benefit; or D. To designate the beneficiary of her interest in each Plan in the event of her death without regard to the beneficiary designation made by the Participant with respect to the Participant's interest in said Plan. 11. This Qualified Domestic Relations Order is drawn pursuant to the laws of the Commonwealth of Pennsylvania regarding the equitable distribution of marital property (as that term is defined in the Divorce Code) between spouses and former spouses in actions for the dissolution of marriage. 12. Nothing in the Qualified Domestic Relations Order shall be construed to require any Plan or Plan Administrator: A. To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant; B. To provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not otherwise available to the Participant; C. To pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order determined by the Plan Administrator to be a Qualified e ' Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 13. Copies of this Qualified Domestic Relations Order shall be served by the Attorneys for the Alternate Payee on the Plan Administrator who shall: A. Promptly notify the Participant and the Alternate Payee of: 1. The receipt of a copy of this Qualified Domestic Relations Order by the Plan Administrator; and 2. The procedure for determining qualified status of this Qualified Domestic Relations Order. B. Within a reasonable period of time after receipt of this Order, but not to exceed forty five (45) days, determine whether this Order is a Qualified Domestic Relations Order and notify the Participant, the Alternate Payee and their respective counsel of such determination. C. Upon the determination of the Order to be a Qualified Domestic Relations Order, segregate in a separate account in the Plan, or in an escrow account, the amounts which are payable to the Alternate Payee during the period that this Order has been determined to be a Qualified Domestic Relations Order. D. If necessary, allow this Qualified Domestic Relations Order to be amended so that it complies with the intent of the parties pursuant to a marital settlement agreement, Decree in Divorce, and the requirements of the Plan Administrator. 14. Each party will indemnify the other for any federal or state tax liability arising out of distribution by the Plan Administrator of retirement benefits awarded to, and received by, the indemnifying party under this Qualified Domestic Relations Order, whether such benefits are received directly from the Plan or through the other party. The Alternate Payee shall be responsible for all tax consequences that may arise from the funds distributed to her. The Participant shall be responsible for all tax consequences that may arise from the funds distributed or confirmed with him. 15. The provisions contained herein are to be considered a Qualified Domestic Relations Order made pursuant to the Internal Revenue Code of 1986, as amended, or other applicable rules and regulations. 16. This Honorable Court retains jurisdiction over this Qualified Domestic Relations Order to amend it in order to establish or maintain its qualification as a Qualified Domestic Relations Order. 17. The parties consent to the entry of this Order as evidenced by their signatures below. By: By: r FfRANCIS A. CICCOCIOPPO, KIMBERLY H. CICCOCIOPPO, PARTICIPANT ALTERNATE PAYEE IT SO ORDERED. Certified Copies to: thy J. Colgan, Esquire, 130 West Church Street, Suite 100, Dillsburg, PA 17019 '.?w chard S. Friedman, Esquire, 3820 Market Street, Camp Hill, PA 17011 t? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Ea- Pl ' ff VS. FILE NO. 4DDD&3-335 26--- IN DIVORCE 61A)21 4 )Ct Defends t NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the day of hereby elects to resume the prior surname of j? mb2k1q Ann PO' and gives this written notice pursuant to the provisions of 54 P.S. 04. DATE:- qJ09 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND On the day of Signature Signature of name e' g resumed ??? : SS. 20-!?L before me, 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 and official seal. R? t-cct 9 dyA/?a Notary Public NOTARIAL SEAL , NOTARY CARLISLE C MO ERLAND COUNTY COU 1RTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 t-rtG?, '0 OTARY 1009 SEP -9 PM 4: 19 %, //. vU Q °( ea?f lie- 93d 04