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HomeMy WebLinkAbout02-0127ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA 0 -}o 7 : : 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 case may proceed without you and a Decree in 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 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 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Jph J. ANTHONY L. CRISCI, Plaintiff Vo ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : :NO. OC~- Ic~7 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABII,ITY OF COUNSELING 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 the 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 bebome 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 ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA 10'7 : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 330! OF THE DIVORCE CODE 1. Plaintiff is Anthony L. Crisci, who currently resides at 2604 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Alexandra J. Crisci, who currently resides at 31 West Coover Street, 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. Plaintiff and Defendant were married on June 28, 1986, in Harrisburg, Pennsylvania. 5. 6. 7. There have been no prior actions for divorce or annulment between the parties. The Plaintiff is a citizen of the United States of America. 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. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since August 12, 1999. 10. Plaintiff requests the Court to enter a Decree in Divorce. JAMES, SMITH, DURKIN & CONNELLY By.'~~ ~-~~r~ Jq~hn~. ~n~lly, Jr., Esquire A o~e~aintiff ~ Post Office B-ox 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statemems made in this Pleading are tree 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. Date: ~/-~9q-~90~ ~~ ANTHONY L. CRISCI, Plaintiff Vo ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : :NO. 0o -1 2 , : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS TO THE PROTHONOTARY: Please enter the following social security numbers in the above-captioned divorce action: Anthony L. Crisci - 286-70-8546 Alexandra J. Crisci- 175-48-4534 Date: JAMES, SMITH, DURKIN & CONNELLY LLP J~hn~. ~Yonn~ly, Jr., E,squire~ ,~__gyfle for P aintiff Post O~2 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 COUN~ Cumberland RECORD OF OR ANNULMENT [] (CHECK ONE) [] DIVORCE T~ RLE NUMBER TATE ~LE DA~ HUSBAND 1. NAME RESIDENCE StP~et o, R.D. 2604 Warren Way, (~rst) (M~le) (Last) 2. DATE (MOn~) (Day) Year OF Anthony L Crisc~ E,RTN 04 27 1961 Cit~. BO~O. ~' TV~. County State ~ 4. PLACE (State or Fo~ Country) OF Mechanicsburg, Cumberland, P E,m~ Ohio NUMBER 6. RACE 7. USUAL OCCUPA~ON WHITE BLACK OTHER (Sperry9 OF THIS 1 MARR,AGE ~ [] [] Attorney WIFE 1957 MAIDEN NAME (~rst) (M~ie) (LaS~ 9. DATE (Monet) (Day) OF Sutherland Alexandra J 02 Crisci E,m', 27 10. RESIDENCE 3treetorR.D. CilgBero. orTv~. County S~e 11. PLACE .p OF 31 West Coover St., Mechanicsburg, Cumberland A B,~TH Wisconsin' 1~ NUMBEN'~ 6. RACE WHITE BLACK OTHER (SPerry) 14. USUAL OCCUPA~ON O;TH'SMARR,AGE 1 ~ [] [] Teacher ' s Assistant 15. P~ACE OF (County) (State or F~gn C~untG,j 16. DATE OF (MontB) (Day) (year) M^RR,AGE Dauphin Pennsylvania M^"R'AGE 06 28 1986 NUMBER OR DE.ENDENT 17A. NUMBER OF I?B. CHILDREN THIS CHILDREN UNDER 16 MARRIAGE 3 3 ON,LDBE.= [] [] CUSTODY OF DATE OF DECREE (Mont~) (Day) SIGNATURE OF TRANSCRIBING CLERK 18. PLAIN31FF I tg. DECREE GRANTED TO HUSBAND WIFE OTHED (Sperry) I HUSBAND WIFE OTHER [] [] [] [] [] [] OTHER(sgecdty) I 21. LEGAl. GROUNDS FOR DI~RCE OR ANNU~ENT Section 3301 of th~ n{~n~ Code (Year) 23. DATE REPORT SENT (Mon~) (Day) (Year) TO V~rAL RECORDS ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 02 - 127 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OFSERVICE I, Kathleen Carey Daley, Esquire, accept service of the Divorce Complaim on behalf of my client, Alexandra J. Cfisci, Defendant, therein. 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 PA I.D. No. 30078 ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 02-127 : : CIVIL ACTION -LAW : IN DIVORCE ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE AND NOW, thi~JJ~"day of January, 2002, comes the Defendant, Alexandra J. Crisci, by and through her attorneys, REAGER & ADLER, P.C. and Joanne Harrison Clough, Esquire, and respectfully submits this Answer to Plaintiffs Complaint in Divorce and Counterclaim as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, the marriage is irretrievably broken because Plaintiff left the marital home and has refused to return, despite Defendant's request that he do so. 9. Admitted. By way of further answer, the Plaintiff and Defendant participated in three counseling sessions with Mary Beth Backenstose, M.S., 218 Governor Road, Hershey, PA 17033, on or about September, 1999. Defendant does not request additional counseling. 10. Denied. Defendant respectfully requests this Honorable Court to deny Plaintiff's request to enter a Decree in Divorce until thc issues raised in this Answer and Counterclaim are resolved. COUNTERCLAIM COUNT I Request for equitable distribution of marital property under ~3502 of the Divorce Code 11. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 12. The Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE; Defendant respectfully requests that this Honorable Court enter an Order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT II Request for support of children under ~ 3104(a)(3) and 3323(b) of the Divorce Code 13. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 14. Plaintiff, Anthony L. Crisci, resides at 2604 Warren Way, Mechanicsburg, PA 17050. his date of birth is 4/27/61, and his Social Security Number is 286-70-8546. 15. Defendant, Alexandra J. Crisci, resides at 31 West Coover Street, Mechanicsburg, PA 17055. Her date of birth is 2/27/56, and her Social Security Number is 175-48-4534. 16. Plaintiff and defendant were married on June 28, 1986, and separated in August, 1999. 17. The parties are the parents of the following unemancipated children who reside with defendant at 31 West Coover Street, Mechanicsburg, PA 17055. 2 NAME AGE SEX DATE OF BIRTH S.S. No. Sarah C. Crisci 12 F 11/7/89 207-70-5091 Anna E. Crisci 10 F 2/21/91 191-72-6562 Emma C. Crisci 9 F 9/18/92 172-74-2763 18. Both Plaintiffand Defendant are employed, but Plaintiffhas much greater income than Defendant and can provide for the reasonable support of his children. 19. Neither Plaintiffnor Defendant is receiving Public Assistance. 20. No previous support order has been entered in this matter. 21. Plaintiff is currently providing approximately $3,400.00 per month to Defendant to include spousal support, child support and household expenses, but there is no written agreement regarding continued payment of a sufficient sum to sustain Defendant and the parties' children and maintain the marital home. 22. Plaintiff is obligated to provide for the reasonable support of his minor children. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(3) and 3323(b) of the Divorce Code, this Honorable Court issue an Order of temporary child support against Plaintiff until final hearing and permanently thereafter until such time as Plaintiff is no longer legally obligated to contribute toward the support of his children. COUNT III Request for confirmation of custody under ~3~ 3104(a)(2) and 3323 (b) of the Divorce Code 23. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 24. The parties are the parents of the following unemancipated children who reside with Defendant at 31 West Coover Street, Mechanicsburg, PA 17055: 3 NAME AGE SEX DATE OF BIRTH S.S. No. Sarah C. Crisci 12 F 11/7/89 207-70-5091 Anna E. Crisci 10 F 2/21/91 191o72-6562 Emma C. Crisci 9 F 9/18/92 172-74-2763 25. Defendant has not participated in any other litigation concerning the children in this or any other state. 26. There are no other proceedings pending involving custody of the children in this or any other state. 27. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 28. Defendant currently has physical custody of the children, and the parties are cooperating under an informal arrangement whereby Plaintiff and Defendant have shared legal custody of the children and Plaintiff has partial custody of the children; but there is no written agreement regarding permanent custody arrangements. 29. The best interests of the children will be served if physical custody of them is confirmed in Defendant with shared legal custody between the parties and partial custody confirmed in Plaintiff. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(2) and 3323(b) of the Divorce Code, this Honorable Court issue an order confirming physical custody of the children in Defendant with shared legal custody between the parties and partial custody confirmed in Plaintiff. COUNT IV Request for spousal support and/or alimony pendente lite and alimony under 3%~ 3701(a) and 3702 of the Divorce Code 30. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if fully set forth in their entirety. 31. Defendant earns a small hourly wage at her current employment. She has chosen to work in her present position because the hours accommodate her need to be at home with the children after school. This is especially important because one of the children has mental/emotional problems. 32. Defendant is unable to sustain herself on her wages during the course of litigation. 33. Plaintiff earns a far greater salary than Defendant and has the ability to provide additional support to Defendant. 34. Plaintiff is currently providing approximately $3,400.00 per month to Defendant to cover spousal support, child support and household expenses, but there is no written agreement regarding continued payment of a sufficient sum to sustain Defendant and the parties' children and to maintain the marital home. 35. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to § § 3701 (a) and 3702 of the Divome Code. WHEREFORE, Defendant respectfully requests this Honorable Court to issue an Order of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor pursuant to §§ 3701(a) and 3702 of the Divorce Code. COUNT V Request for counsel fees, costs and expenses under 3%~ 3104(a)(1), 3323(b) and 3702 of the Divorce Code 36. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 37. Defendant previously employed Kathleen Carey Daley, Esquire, and has currently Employed Joanne Harrison Clough, Esquire, to represent her in this matrimonial case. 38. Defendant has akeady paid approximately $1,000.00 in counsel fees, costs and expenses. She is unable to pay future counsel fees, costs and expenses, and Plaintiff is more able to pay them. 39. Defendant requests this Honorable Court to order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(1), 33230>) and 3702 of the Divome Code, this Honorable Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT VI Request for continued maintenance and beneficiary designations of existing life and health insurance policies under 3~3502(d) of Divorce Code 40. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 41. During the course of the marriage, Plaintiff has maintained certain health and life insurance policies for the benefit of Defendant and/or the parties unemancipated children. 6 42. Pursuant to § 3502(d), Defendant requests Plaintiffbe directed to continue maintenance of said policies for the benefit of Defendant and/or the parties unemancipated children. WHEREFORE, Defendant respectfully requests that, pursuant to §3502(d) of the Divorce Code, this Honorable Court enter an Order directing Plaintiff to continue to maintain certain life insurance policies for the benefit of Defendant and/or the parties unemancipated children. Respectfully submitted, RE~A~t~~& ADLER, P.C. JAl~c(~mey ~Esquire PA I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 7 VERIFICATION I, Alexandra J. Crisci, 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. Date: Alexandra J. Crisci C~/ 8 CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hm~anelstown, PA 17036 Dated: loanne Harrison Clough, l'e ANTHONY L. CRISCI, Phintiff AI.g. XANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-127 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of Joanue Harrison Clough, Esquire of REAGER & ADLER, PC, as counsel for Defendant, Alexandra J. Crisci. DATED: [~..% ~ 0~. By: Respectfully submitted, R-EAGER & ADLER, PC (717) 763-1383 Attorneys for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individuals via United States First Class Mail, postage prepaid as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 Dated: Joalme l~I arri~~ ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-127 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE Please withdrawal the appearance of Kathleen Daley, Esquire as counsel for Defendant, Alexandra J. Crisci. DATED: dg/ '~l/O D By: Respectfully submitted, 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 02-127 : : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Susan J. Germanio, Esquire, as counsel for Defendant, Alexandra J. Crisei. Dated: 2/11/04 Respectfully submitted, By: I.D. No. 76407 115 Charlotte Way (103) Enola, PA 71025-1546 (717) 732-2097 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a tree and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid, as follows: Dated: 2/11/04 John J. Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 Attorney for Plaintiff ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 02-127 : : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THEPROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Defendant, Alexandra J. Crisci, in this action. Dated: By: Respectfidly submitted: Joann'~FIarrison Clough[ E~quire Attorney ID # 36461 2331 Market Street Camp Hill, PA 17011 Telephone: 763-1383 ANTHONY L. CRISCI, Plaintiff-Respondent ALEXANDRA J. CRISCI, Defendant-Petitioner : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 02-127 : CIVIL ACTION -LAW : IN DIVORCE PETITION BY DEFENDANT FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY AND FOR. COUNSEL FEES, COSTS AND EXPENSES Defendant, Alexandra J. Crisci, 31 West Coover Street, Mechanicsburg, PA 17055 (DOB: 2/27/56; SS# 175-48-4534) has been separated from Plaintiff, Anthony L. Crisci, 114 Main Street, Mechanicsburg, PA 17055 (DOB: 4/27/61; S.S. # 286-70-8546) since August 16, 1999; and by her attorney, Susan J. Germanio, respectfully requests the Court to enter an award of spousal support and/or alimony pendent elite during the continuing period of separation, pursuant to Counts IV and V of attached Answer and Counterclaim, filed on January 31, 2002, at Civil Action-Law No. 02-127, until final heating, and thereupon to enter an award of alimony and counsel fees, costs and expenses in her favor pursuant to Sections 3104(a)(1), 3323(b), 3701 and 3702 of the Divorce Code. Dated: ~ -//- 0 q ff~5~ J · ~ / ~san J. Getaway?6, AttOrney for Defendant PA I.D. No. 76407 115 Charlotte Way (103) Enola, PA 17025 (717) 732-2097 THE COURT OF CONflMON PLEAS OF CUMBBRLAND COUNTY, PENNSYLVA~aA Anthony. L. Crisci ,~ : Plainer-Respondent : NO. 02-125' V : CIVIL ACTION- LAW : IN DIVORCB Alexandra J. Crisci ~ Defendant -P e ti t ione r: DRS ATrACkI~ FOR APL pROCEEDINGS -- pB'IITiON NA~ Alexandra J. Cfi.sci ADDRESS 31 W, Coover Street. Mechanic~bur~. P, BIR~ DATE 2/27/56 SOCIAL SECURITY NUMBER 175 -48- 4534 HOIv~ FHONB (717) 697-5962 - WORKPHONE (717) 691-4500 (admin. office) EMPLOYERNAIVIE Mechanicsbur~ School District EMPLoYERADDKESS 500 S. Broad St., MechanicsburK, PA 1~ ]OPB TrfLE/POSITION Teacher Aide DATE EMPLOYMENT COIvIMENc£D 1/01 GROSSPAY $12,100 yr. per 2003 Return NET PAY 9,775 ¥r, ' ~I]-]ERINCOME $3500 mo. voluntary spousal suDnnrt m A~'fORNEY'$NA-N[E Susan J. Germanio Ai~OFdxrEY,SADDRESS 115 Charlotte Way(103), Enola, PA 170; A3-fOF. N-EY' S PHONrE NI/MBER (717) 732-2097 17055 055 d child support RESPONDENT NAME ADDRESS BI~TI-I DATE SOCIAL SECURITY NUMBER..~ HOME PHONE __WOR~ pHONE EMPLOYER NAME ~PLOYER ADDRESS }OB Tf'1'I--~ / POSrI]ON ~ DATE EI',4PLO~ COlvlA-IENCED GROSS PAY ~ PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS A~oRNEY'S PHONE N-lIMBER DATE OF MARKIAGE PLACE OF MARRIAGE 286-70-8546 200 N. Third or 2003 055 I'AARILIAGE INfo'ON '~ATE OF SEPARATION ADDRESS OF LAST MARITAL HoME ~ ~--ESCPd~TION OF DOCUMENT RAISING APL CLAI]vl udin~ :irement DATE APL DOCUMENT FILED 6/28/86 Harrisburg, PA August, 1999 (8/16/99) 31 West Coover St., Mechanicsburg, P_____~A17055 Answer and Counterclaim, Count IV Civil Action-Dl3force NO, 02-127 (copy ~ ttached) 1/31/02 VERIFICATION I verify that the statements made in this Pleading are true and correct. 1 understand tha! false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ('~ ~riXl_ It ~ oQO0~ CERTIFICATE OF SERVICE ! hereby certify that on the date set forth below a true and correct copy of the foregoing document was served on the following individual via United States First Class Mail, postage prepaid as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hummelstown, PA 17036 f ~tsan J. Germa.~_ o - -- Attorney for Defendant- ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. 02-127 CIVIL ACTION -LAW : IN DIVORCE ANSWER AND COUNTERCLAIM 3?___0 PLAINTIFF'S COMPLAINT UNDI~,_R SECTION 3301 OF THE DIVORCE ~ODE AND NOW, thi3]~ day of January, 2002, comes the Defendant, Alexandra J. Crisci, by and through her attorneys, REAGER & ADLER, P.C. and Joanne Harrison Clough, Esquire, and respectfully submits this Answer to Plaintiff's Complaint in Divorce and Counterclaim as follows: 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted.' 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. By way of further answer, the marriage is irretrievably broken because Plaintiff left the marital home and has refused to return, despite Defendant's request that he do so. 9. Admitted. By way of further answer, the Plaintiff and Defendant participated in three counseling sessions with Maxy Beth Backenstose, M.S., 218 Governor Road, Hershey, PA 17033, on or about September, 1999. Defendant does not request additional counseling. 10. Denied. Defendant respectfully requests this Honorable Court to deny Plaintiff's request to enter a Decree in Divorce until the issues raised in this Answer and Counterclaim are resolved. COUNTERCLAIM COUNT I Request for equitable distribution of marital property under ~3502 of the Divorce Code 11. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 12. The Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE; Defendant respectfully requests that this Honorable Court enter an Order of equitable distribution of marital propcn-ty pursuant to § 3502(a) of the Divome Code. COUNT 1I Request for support of children under 3~ 3104(a)(3) and 3323(b) of the Divorce Code 13. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 14. Plaintiff, Anthony L. Crisci, resides at 2604 Warren Way, Mechanicsburg, PA 17050. his date of birth is 4/27/61, and his Social Security Number is 286-70-8546. 15. Defendant, Alexandra J. Crisci, resides at 31 West Coovar Street, Mechanicsburg, PA 17055. Her date of birth is 2/27/56, and her Social Security Number is 175-48-4534. 16. Plaintiff and defendant were married on June 28, 1986,, and separated in August, 1999. 17. The parties are the parents of the following unemancipated children who reside with defendant at 31 West Coover Street, Mechanicsburg, PA 17055. 2 NAME AGE SEX DATE OF BIRTIt S.S. No. Sarah C. Crisci 12 F 11/7/89 207-70-5091 Anna E. Crisci 10 F 2/21/91 191-72-6562 Emma C. Crisci 9 F 9/18/92 172-74-2763 18. Both Plaintiff and Defendant are employed, but Plaintiffhas much greater income than Defendant and can provide for the reasonable support of his children. 19. Neither Plaintiffnor Defendant is receiving Public Assistance. 20. No previous support order ha~been entered in this matter. 21. Plaintiff is currently providing approximately $3,400.00 per month to Defendant to include spousal support, child support and household expenses, but there is no written agreement regarding continued payment of a sufficient sum to sustain Defendant and the parties' children and maintain the marital home. 22. Plaintiffis obligated to provide for the reasonable support of his minor children. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(3) and 3323(b) of the Divorce Code, this Honorable Court issue an Order of tcnnporary child support against Plaintiff until final hearing and permanently thereafter until such time as Plaintiffis no longer legally obligated to contribute toward the support of his children. COUNT m Request for confirmation of custody under 3~3q $I04(a)(2) and $$25 ('b) of the Divorce Code 23. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 24. The parties are the parents of the following unemancipated children who reside with Defendant at 31 West Coover Street, Mechanicsburg, PA 17055: NAME AGE SEX DATE OF BIRTH S.S. No. Sarah C. Crisci 12 F 11/7/89 20%70-5091 Anna E. Crisci 10 F 2/21/91 191-72-6562 Emma C. Crisci 9 F 9/18/92 172-74-2763 25. Defendant has not participated in any other litigation conc~,xning the children in this or any other stale. 26. There are no other proceedings pending involving custody of the children in this or any other state. 27. Defendant knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 28. Defendant currently has physical custody of the children,~ and the parties are cooperating under an informal arrangement whereby Plaintiff and Defendant have shared legal custody of the children and Plaintiff has partial custody of the children; but there is no written agreement regarding permanent custody arrangements. 29. The best interests of the children will be served if physi, cal custody of them is confirmed in Defendant with shared legal custody between the parties and partial custody confn-med in Plaintiff. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(2) and 3323Co) of the Divorce Code, this Honorable Court issue an order confirming physical custody of the children in Defendant with shared legal custody between the parties and partial custody confirmed in Plaintiff. CO~T~ Request for spousal support and/or alimony pendente lite and alimony under 3~ 3701(a) and 3702 of the Divorce Code 4 30. The prior paragraphs of this Answer and Counterclaim are incorporated herein bY reference as if fully set forth in their entirety. 31. Defendant earns a small hourly wage at her current employment. She has chosen to work in her present position because the hours accommodate her need to be 8I home with the Children after school. This is especially important because one of the children has mental/emotional problc~ns. 32. Defendant is unable to sustain herself on her wages during the course of litigation. 33. Plaintiff earns a far greater salary than Defendant and has the ability to provide additional support to Defendant. 34. Plaintiff is currently providing approximately $3,400.00 per month to Defendant to cover spousal support, child support and household expenses, but there is no written agreement regarding continued payment of a sufficient sum to sustain Defendant and the parties' chilcken and to maintain the marital home. 35. Defendant requests the Court to enter an award of spousa~ support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in iher favor pursuant to § § 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests this Honorable Court to issue an Order of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor pursuant to §§ 3701(a) and 3702 of the Divorce Code. 5 COUNT V l~equest for counsel fees, costs and expenses under 3~3q 3104(a)(1), 3523(b) and 3702 of the Divarce Code 36. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 37. Defendant previously employed Kathleen Carey Daley, Esquire, and has currently Employed Joanne Harrison Clough, Esquire,'to represent her in this matrimonial case. 38. Defendant has already paid approximately $1,000.00 in counsel fees, costs and expenses. She is unable to pay future counsel fees, costs and expenses, and Plaintiff is more able to pay them. 39. Defendant requests this Honorable Court to order Plainfiffto pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to §§ 3104(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. COUNT VI Request for continued maintenance and beneficiary designations of existing life and health insurance policies under ~3502(d) of Divorce Code 40. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as if set forth in their entirety. 41. During the course of the marriage, Plaintiffhas maintained certain health and life insurance policies for the benefit of Defendant and/or the parties unemancipated children. 42. Pursuant to § 3502(d), Defendant requests Plaintiffbe directed to continue maintenance of said policies for the benefit of Defendant and/or the parties unemancipated children. WHEREFORE, Defendant respectfully requests that, pursuant to §3502(d) of the Divorce Code, this Honorable Court enter an Order directing Plaintiff to contkme to maintain certain life insurance policies for the benefit of Defendant and/or the parties unemancipated children. Respectfully submitted, REAGF_/lk & ADLER P.C. j(J~JqN~ HARRIS ON/~OUGH, Esquire Attorney for DefendarlY PA I.D. No. 36.461 2331 Market Street Camp Hill, PA 17011 (717)763-1383 7 VERIFICATION I, Alexandra J. Crisci, 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. Date: l/ ~ 0/ Alexandra J. Crisci ~ CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true a~d con:ect copy of the foregoing document was served on the following individuals via Uxfited States First Class Mail, postage prepaid as follows: John J. Connelly, Jr., Esquire 134 Sipe Avenue Hurmaelstom, PA 17036 ANTHONY L. CRISCI, Plaintiff/Respondent VS. ALEXANDRA J. CRISC1, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-127 CIVIL TERM IN DIVORCE Pacses#151106518 ORDER OF COURT AND NOW, this 7th day of, 2004, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on August 24~ 2004 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. NOTE: Case 716106480previously scheduled before Todd Moul will now be heard by RJ Shadday on this date and time. YOU are further ordered to bring to the conference: (1) a tree copy of your most recent Federal Income Tax Return,. including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 7-8-04 to: < Respondent Susan Germanio, Esquire John Connelly, Esquire Date of Order: July 7, 2004 S~tday, ~o~r2nce Offi ;er - ~T YOU HAVE THE RIGHT TO A LAWYER, WltO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR C3dNNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 170113 (717) 249-3166 CC361 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ALEXAiqDRA J. CRISCI ) Docket Number Plaintiff ) vs. ) PACSES Case Number ANTHONY L. CRISCI ) Defendant ) Other State ID Number 02-127 CIVIL 151106518 ORDER AND NOW, to wit on this 24TH DAY OF AUGUST, 2004 IT IS HEREBY ORDERED that the (~) Complaint for A.'P.L. or © Petition to Modify or C) Other filed on JrmE 11, 2004 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITHDRAWING HER COMPLAINT FOR ALIMONY PENDENTE LITE AND THE PARTIES' HAVING A MARITAL SETTLEMENT AGREEMENT. C) The Complaim or Petition may be reinstated upon written ,application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant John Connolly, Jr., Esquire Susan Germanio, Esquire Service Type M Form OE-506 Worker ID 21005 ANTHONY L. CRISCI, : Plaintiff : : vs. : NO. 02 - 127 CIVIL : ALEXANDRA J. CRISCI, : Defendant : IN DIVORCE THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORDER OF COURT AND NOW, this ~/ 5~-- day of /'~J , 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 19, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: John J. Connelly, Jr. Attorney for Plaintiff Susan J. Germanio Attorney for Defendant MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ANTHONY L. CRISCI AND ALEXANDRA J. CRISCI John J. Connelly, Jr., Esquire JAlvlES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 H~shey, PA 17033 Telephone: (717) 533-3280 Counsel for Anthony L. Crisci Susan J. Germanio, Esquire 1 ]L 5 Charlotte Way Enola, PA 17025 Telephone: (717) 732-2097 Counsel for Alexandra J. Crisci MARITAL SETTLEMENT AGREEMENT TItlSAGREEMENT, madethis /q-~ dayof ~],dd.~d~ ,2004byand between ANTHONY L. CRISCI, of Cumberland County, Pennsylvania, and ALEXANDRA J. CRISCI, of Cumberland County, Pennsylvania. VOTNESSETH: WHEREAS, Anthony L. Cr/sci (hereinafter called "Husband") can'ently resides at 144 East Main Street, Mechanicsburg, Cumberland County, Peansylvama 17055; WHEREAS, Alexandra J. Crisci (hereinafter called "Wife") currently resides at 31 West Coover Street, Mechardcsburg, Cumberland County Pennsylvania 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 28, 1986; WHEREAS, the parties have lived separate and apart since on or about August 12, 1999; VVHEREAS, three children were bom of the marriage between the parties, namely, Sarah C. Crisci, bom November 7, 1989, Anna E. Crisci, born February 21, 1991, and Emma C. Crisci, bom September 18, 1992; WltEREAS, 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 TItEREFORE, 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. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice fi.om John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Susan J. Germanio, Esquire, her counsel. Each pm~y 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 tlildue influence, and that it is not the result of any improper or illegal agreement or a.~,~eements, h~ addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to detenuine 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 and her :respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective patties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the pm-ties hereto acknowledges that he or 2 she is aware of his or her right to seek discovery incb~ding, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvarfia Divome 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 nmne of one of the parties and another individual or individuals. Each party agrees that any right to farther 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 c~f 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. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divome only. Husband has filed a ]Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to no. 02-127 Civil. The parties agree that, at the time of the execution of this Agreement, they will each 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 faskion. Upon completion of the divome action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate Husband agrees that he shall transfer all right, title and interest to the marital residence located at 31 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania currently in the names of Husband and Wife to Wife individually. Wife agrees that she shall, within one (1) year of the date of the execution of this Agreement, have Husband's name removed from the mortgage and note with Northwest Savings Bank either by mortgage modification or refinancing. The current principal balance is approximately $123,300.00. Pending the refinancing, Wife shall indemnify and hold Husband harmless on any obligations relating to the said real estate including, but not limited to, mortgage, taxes, insurance, utilities or other expenses related thereto. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rags, 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 all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. business. C. Motor Vehicles. (1) Husband shall retain his 2004 Chevrolet Colorado leased through his (2) Wife shall retain ownership of the 1997 Chevrolet Lumina currently titled in joint names. Husband shall execute title to the said vehicle transferring the vehicle to Wife individually. Thereafter Wife shall be solely responsible for any costs associated with the said vehicle including, but not limited to, insurance and registration. D..Life Insurance. Husband has a life insurance policy with Transamerica with a death benefit of $250,000.00. Husband agrees that he shall name Wife as beneficiary under the said policy to the extent of any existing alimony obligation to Wife at the date of Husband's death. The remaining death benefit shall be payable to the children in equal shares. As each child reaches the age of 23 or graduates from college whichever first occurs, Husband shall be entitled to change the portion of the beneficiary designation :[or that child. Upon the termination of alimony to Wife, the remaining death benefit shall be payable to the children in equal shares as set forth above and shall terminate in the sequence as set forth above. Wife shall retain her life insurance policy with Amerus Life with a death benefit of $I00,000.00 and shall name the children as beneficiaries in equal shares in the same fashion as required of Husband as set forth above. Pending the completion of the beneficiary designations as set forth in this paragraph, it is the intent of the parties that such beneficiary designations survive the Divorce Decree under 20 Pa.C.S. § 6111.2. E. Pension and Retirement Benefits. Husband shall transfer from his rollover IRA with Salomon, Smith, Barney the amount of $30,000.00 to an IRA to be created by Wife with Salomon, Smith, Barney. The said rollover shall not b.e subject to any tax. The remainder of the Salomon, Smith, Barney IRA shall be retained by Husband individually. Husband shall also retain his Manu Life IRA which was created after the separation of the parties. Wife shall retain her pension benefits acquired by her after separation through the Pennsylvania School Employees' Retirement System. F. Bank Accounts. Wife shall retain the joint checking account with Fulton Bank. Wife shall also retain ownership of a certificate of deposit with PSECU in the approximate mount of $11,600.00. Husband shall retain the checking and savings account with Fulton Bank in Husband's name individually which was acquired by Husband after the separation of the parties. G. Equitable Distribution. In addition to the equitable distribution provided in this Agreement, Husband shall 'pay to Wife as additional equitable distribution the sum of $30,000.00 to be paid to Wife at the time of the execution of this Agreement. It. Miscellaneous ProperS.. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. I. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. J. Property to Ilusband. 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. IC Marital Debt. With the exception of the mortgage to Northwest Savings Bank, there is no other marital debt owed by the parties. Amy debt in the individual name of Husband or Wife existing at the time of the execution of this Agreement shall remain their sole and separate obligation. 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 assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wifi~ 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 clai,m, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. Warranty as to Future Obligations. Hnsband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, '7 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 attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state 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 entire][y by the individual who is finally determined to be the cause of the misrepresentations or fallm:es to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. EXEMPTIONS. The parties agree that going forward for the tax year 2004 and thereafter, Husband shall be entitled to the exemptions for Anna E. Crisci and Emma C. Crisci and Wife shall be entitled to the exemption for Sarah C. C]fisci. Husband's fight continue the exemptions for Anna and Emma as set forth above, after age 18, are conditioned upon the fact that he is contributing to their college education expenses. Wife agrees that so long as she is maintaining primary custody of the minor children, she will execute the necessary form prior to March 1st of each year in order to permit Husband to claim the exemptions pursuant to this Agreement. 8. CHILD CUSTODY. The parties agree that tlhey shall share legal custody of their minor children, Sarah C. Crisci, bom November 7, 1989, Anna E. Crisci, bom February 21, 1991, and Emma C. Crisci, bom September 18, 1992, with primary physical custody in Wife subject to the partial custody in Husband as the parties shall agree from time-to-time. The parties have 8 established a pattern of partial custody under which they will continue to operate. Should either party feel the need, the issue of custody may be submitted to the Court of Common Pleas, Cumberland County, Pennsylvania or any other competent jurisdiction. 9. SUPPORT. A. AI,IMONY~ ALIMONY PENDENTE LITE~ SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. Except as provided herein, 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. Husband shall pay to Wife the sum of $1,500.00 per month as alimony; commencing September 1, 2004 until the parties' youngest child, Emma C. Crisci, graduates from high school which is anticipated to be the month of June of 2011. Said monthly alimony payments shall terminate upon the first to occur of the following: (1) The expiration of the alimony term; (2) Death of Husband; (3) Death of Wife; (4) Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 Co) (1) (A) of the Internal Revenue Code as amended, and as s~dd Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Intemal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, 9 as amended or any similar future laws or regulations thereto. B. CHILD SUPPORT. Husband agrees 'to pay to Wife for the support of his minor children, the sum of $2,500.00 per month beginning :September 1, 2004. The said child support shall be subject to review by the Court of Common Pleas, Cumberland County, Pennsylvania or any other court of competent jurisdiction based on a change in cimumstances. The child support shall be governed in all respects by the Domestic Relations Code of the Commonwealth of Pennsylvania. In addition to the monthly payments set forth herein, Husband agrees that he shall pay to Wife thirty (30%) percent of any a:~ter tax income distribution received by Husband with the exception of distributions paid to Hnsband solely for the purpose of the quarterly estimates on federal, state and local income tax. It is anticipated by the parties that this bonus distribution from Husband's business will occur one (1) time per year at the end of each year, however, if any distributions occur during the calendar year other than for tax purposes, Husband will pay thirty (30%) percent of the figure net of taxes in the form of child support. C. MEDICAL INSURANCE. Husband agrees that he shall maintain the minor children on medical insurance as provided through his employment. Wife shall be responsible for the first $250.00 per child for medical bills not covered by insurance with the remaining bills to be divided fifty (50%) percent to Husba~ad and fifty (50%) percent to Wife. Wife currently has her own health insurance which she will maintain. Husband owes Wife approximately $900.00 in medical bills for prior uncovered medicals which he shall pay to Wife at the time of the execution of this Agreement. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 3.0 11. ESTATE. Husband agrees that he shall frame his minor children as equal beneficiaries of his estate. This requirement to maintain the children as designated beneficiaries on his estate shall terminate as each child reaches the age of 23 or graduates from college whichever first occurs. Husband is not obligated to delete the children at that time from his estate. In the absence of affirmative action by Husband, the children will remain as beneficiaries until his estate plan is specifically changed pursuant to the provisions of this paragraph. 12. 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 carr~ng 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 eaclh 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. 13. 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 §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. Furth~nuore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. 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 which are now hi 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 or 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 party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all fights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other fight or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights mad 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 fights and obligations afising 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 Agreemen'I, 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 fights, family exemption or similar allowance, or under the intestate laws or the fight 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 12 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. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEVERABILITY. 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. 17. 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. 18. 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 ;my other breach or any provision of this Agreement. 19. 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: Anthony L. Crisci 114 East Main Street Mechanicsburg, PA 17055 and to Wife, if made or addressed to the following: Alexandra J. Crisci 31 West Coover Street Mechanicsburg, PA 17055 Notice shall be deemed to have occurred upon the date receiw,~d 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. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enfomed under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Permsylvania) in effect as of the date of execution of this Agreement. 21. 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. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION, COItABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof ~mless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 14 24. 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. 25. 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. 26. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisiions with an attorney of his or her own choice, and has executed it voluntarily and in rehance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. 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. 28, AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 3_5 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. Anthony L. Crisci\ Alexandra J. Crisci f ANTHONY L. CRISCI, : Plaintiff : VS. ALEXANDRA J. CRISCI, : Defendant : THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 127 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 3/~z- day of ~~ , 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 19, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: John J. Connelly, Jr. Attorney for Plaintiff Susan J. Germanio Attorney for Defendant In the Court of Common Pleas of CUMBERLANO County, Pennsylvania DOMESTIC RELATIONS SECTION ALEXANDRA J. CRISCI Plaintiff VS. ANTHONY L. CRISCI Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 02-127 CIVIL 151106518 ORDER AND NOW, to wit on this 24TH DAY O? AUGUST, ~'!004 IT IS HEREBY ORDERED that the 1~) Complaint for A..P.L. or C) Petition to Modify or C) Other filed on JUNE 11, 2004 in the above captioned matter is dismissed without prejudice due to: THE pLAINTIFF WITHDRAWING HER COMPLAINT FOR ALIMONY PENDENTE LITE AND THE PARTIES' HAVING A MARITAL SETTLEMENT AGREEMENT. C) The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant John Connelly, Jr., Esquire Susan Germanio, Esquire Service Type M BY THE COURT: //W~sley Ol~J~. ~ ' JUDGE g Form OE-506 Worker ID 21005 ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 127 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Child Support, Custody, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, Continued Maintenance and Beneficiary Designations of Existing Life and Health Insurance Policies in the above-captioned divorce action. JAMES, SMITH, DIETTERICK & CONNELLY Date: ~--] ~?-0 t/ By: Attorney for Defendant 115 Charlotte Way Enola, PA 17025 (717) 732-2097 PA I.D. No. 76407 ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 127 CiVIL TERM CIVIL ACTION - LAW 1N DWORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Child Support, Custody, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, Continued Maintenance and Beneficiary Designations of Existing Life and Health Insurance Policies in the above-captioned divome action. JAMES, SMITH, DIETTERICK & CONNELLY Attorney for Defendant 115 Charlotte Way Enola, PA 17025 (717) 732-2097 PA I.D. No. 76407 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ANTHONY L. CRISCI AND ALEXANDRA J. CRISCI John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for Anthony L. Crisci Susan J. Germanio, Esquire 115 Charlotte Way Enola, PA 17025 Telephone: (717) 732-2097 Cotmsel for Alexandra J. Crisci MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this /~.~,. day of ~~ , 2004 by and between ANTHONY L. CRISCI, of Cumberland County, Permsyqvania, and ALEXANDRA J. CRISCI, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Anthony L. Crisci (hereinafter called "Husband") currently resides at 144 East Main Street, Mechatticsburg, Cumberland County, Pennsylvania 17055; WHEREAS, Alexandra J. Crisci (hereinafter called "Wife") currently resides at 31 West Coover Street, Mechanicsburg, Cumberland County Permsylvmlia 17055; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 28, 1986; WltEREAS, the parties have lived separate and apart since on or about August 12, 1999; WI-IEREAS, three children were bom of the marriage between the parties, namely, Sarah C. Crisci, bom November 7, 1989, Anna E. Crisci, bom February 21, 1991, and Emma C. Crisci, bom September 18, 1992; WltEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as b~tween 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 3_ separate and apart. Each shall be free fi'om all control, restraint, interference and authority, direct or indirect by the other. Each may reside at such place or places a.s 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. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the oppommity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Susan J. Germanio, Esquire, her counsel. 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 fi'eely and voluntarily, and that the execution of this Agreement is not tine result of any daress 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 cortditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective tight 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 1:o alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery incl]ading, but not limited to, written interrogatories, motions for production of documents, the taking or oral depositions, the filing of inventories and all other means of discovery permitted under the Peunsylvan/a Divorce Code or the Pennsytvarfia 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 aeknowledge that there has been fulI 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 nan'te 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 herehy acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonahle 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. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to 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 has filed a Divorce Complaint in the Court of Common Pleas, Cumberland County, Pennsylvania, indexed to no. 02-127 Civil. The parties agree that, at the time of the execution of th/s Agreement, they will each 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 faskion. Upon completion of the divome action, counsel for Husband shall supply cotmsel for Wife with a copy of the Decree. 5. EQUITABLE DISTRIBUTION. A. Real Estate Husband agrees that he shall transfer all right, title and interest to the marital residence located at 31 West Coover Street, Mechanicsburg, Cumberland County, Pennsylvania currently in the names of Husband and Wife to Wife individually. Wife agrees that she shall, wittfin one (1) year of the date of the execution of this Agreement, have Husband's name removed from the mortgage and note with Northwest Savings Bank either by mortgage modification or refinancing. The current principal balance is approximately '$123,300.00. Pending the refinancing, Wife shall indemnify and hold Hu:~band harmless on any obligations relating to the said real estate including, but not limited to, mortgage, taxes, insurance, utilities or other expenses related thereto. B. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, 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 all items of furnishings and personal property currently in her possession as her sole and separate property free and clear of any right, title, claim and/or interest of Husband. business. C. Motor Vehicles. (1) Husband shall retain his 2004 Chevrolet Colorado leased through his (2) Wife shall retain ownership of the 1997 Chevrolet Lumina currently titled in joint names. Husband shall execute title to the said vehicle transferring the vehicle to Wife individually. Thereafter Wife shall be solely responsible for any costs associated with the said vehicle including, but not limited to, insurance and registration. D. Life Insurance. Husband has a life insurance policy with Transamerica with a death benefit of $250,000.00. Husband agrees that he shall name Wife as beneficiary under the said policy to the extent of any existing alimony obligation to Wife at the date of Husband's death. The remaining death benefit shall be payable to the children in equal shares. As each child reaches the age of 23 or graduates fi.om college whichever first occurs, Husband shall be entitled to change the portion of the beneficiary designation for that child. Upon the termination of alimony to Wife, the remaining death benefit shall be payable to the children in equal shares as set forth above and shall terminate in the sequence as set forth above. Wife shall retain her life insurance policy with Amerus Life with a death benefit of $100,000.00 and shall name the children as beneficiaries in equal shares in the same fashion as required of Husband as set forth above. Pending the completion of the beneficiary designations as set forth in this paragraph, it is the intent of the parties that such beneficiary designations survive the Divorce Decree under 20 Pa.C.S. § 6111.2. E. Pension and Retirement Benefits. Husband shall transfer from his rollover IRA with Salomon, Smith, Barney the amount of $30,000.00 to an 1RA to be created by Wife with Salomon, Smith, Barney. The said rollover shall not be subject to any tax. The remainder of the Salomon, Smith, Barney IRA shall be retained by Husband individually. Husband shall also retain his Manu Life IRA which was created after the separation of the parties. Wife shall retain her pension benefits acquired by her after separation through the Pennsylvania School Employees' Retirement System. F. Bank Accounts. Wife shall retain the joint checking account with Fulton Bank. Wife shall also retain ownership of a certificate: of deposit with PSECU in the approximate amount of $ I 1,600.00. Husband shall retain the checking and savings accoumt with Fulton Bank in Husband's name individually which was acquired by Husband after the separation of the parties. G. Equitable Distribution. In addition to the equitable distribution provided in this Agreement, Husband shall pay to Wife as additional equitable distribution the sum of $30,000.00 to be paid to Wife at the time of the execution offltis Agreement. H. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and ali flights in such property from each to the other. I. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all tights in such property from Husband to Wife. J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to h/m by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all tights thereto, together with any insurance policies coveting that proper~y, 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. K. Marital Debt. With the exception of the mortgage to Northwest Savings Bank, there is no other marital debt owed by the parties..~my debt in the individual name of Husband or Wife existing at the time of the execution of this Agreement shall remain their sole and separate obligation. L. Liabilit~ 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 assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. N. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. O. 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 fttture incur or contract any debt, 7 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 ;md 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 attorneys fees, incurred in the event of breach hereof. 6. INCOME TAX. The parties have heretofore filed joint federal and state tax rems. 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. 7. EXEMPTIONS. The parties agree that going forward for the tax year 2004 and thereafter, Husband shall be entitled to the exemptions for Anna E. Crisci and Emma C. Crisci and Wife shall be entitled to the exemption for Sarah C. Crisci. Husband's right continue the exemptions for Anna and Emma as set forth above, after age 18, are conditioned upon the fact that he is contributing to their college education expenses. 'Wife agrees that so long as she is maintaining primary custody of the minor children, she will execute the necessary form prior to March lst of each year in order to permit Husband to claim the exemptions pursuant to this Agreement. 8. CHILD CUSTODY. The parties agree that they shall share legal custody of their minor children, Sarah C. Crisci, bom November 7, 1989, Anna E. Crisci, bom February 21, 1991, and Emma C. Crisci, bom September 18, 1992, with pr/mary physical custody in Wife subject to the partial custody in Husband as the parties shall agree frown time-to-time. The parties have 8 estabhshed a pattern of partial custody under which they will continue to operate. Should either party feel the need, the issue of custody may be submitted to the Court of Common Pleas, Cumberland County, Pennsylvania or any other competent jurisdiction. 9. SUPPORT. A. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Except as provided below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal supporl and/or maintenance or other like benefits resulting fi.om the parties' status as husband and wife. Except as provided herein, 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. Husband shall pay to Wife the sam of $1,500.00 per month as alimony; commencing September 1, 2004 until the parties' youngest child, Emma C. Crisci, graduates from high school which is anticipated to be the month of June of 2011. Said monthly alimony payments shall terminate upon the first to occur of the following: (1) The expiration of the aliranny term; (2) Death of Husband; (3) Death of Wife; (4) Wife's remarriage or cohabitation. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 Co) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and s]hall be includible in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, 9 as amended or any similar future laws or regulations thereto. B. CItlLD SUPPORT. Husband agrees to pay to Wife for the support of ins minor children, the sum of $2,500.00 per month beginning September 1, 2004. The said cinld support shall be subject to review by the Court of Common Pleas, Cumberland County, Pennsylvania or any other court of competent jurisdiction based on a change in circumstances. The child support shall be governed in all respects by the Domestic Relations Code of the Commonwealth of Pennsylvania. In addition to the monthly payments set forth herein, Husband agrees that he shall pay to Wife thirty (30%) percent of any aJSer tax income distribution received by Husband with the exception of distributions paid to Husband solely for the purpose of the quarterly estimates on federal, state and local income tax. It is anticipated by the parties that this bonus distribution from Husband's business will occur one (1) time per year at the end of each year, however, if any distributions occur during the calendar year other than for tax purposes, Husband will pay thirty (30%) percent of the figure net of taxes in the form of child support. C. MEDICAL INSURANCE. Husband agrees that he shall maintain the minor children on medical insurance as provided through his employment. Wife shall be responsible for the first $250.00 per child for medical bills not covered by insurance with the remaining bills to be divided fifty (50%) percent to Husband and fifty (50%) percent to Wife. Wife currently has her own health insurance which she will maintain. Husband owes Wife approximately $900.00 in medical bills for prior uncovered n-tedicals which he shall pay to Wife at the time of the execution of this Agreement. 10. ,WAIVER OF INI-IF~RITANCE 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 o£ their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10 11. ESTATE. Husband agrees that he shall name his minor children as equal beneficiaries of his estate. This requirement to maintain the children as designated beneficiaries on his estate shall terminate as each child reaches the age of 23 or graduates from college whichever first occurs. Husband is not obligated to delete the children at that time from his estate. In the absence of affirmative action by Husband, the childran will remain as beneficiaries until his estate plan is specifically changed pursuant to the provisions of this paragraph. 12. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary fights and any and all fights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party u~ader 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 temps of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. I/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. 13. 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 §3502 of the Divorce Code, and Wife and Husband hereby waive any fight to division of their property except as provided for in this Agreement. Furthem~ore, 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 a~ees never to assert any claim to said property or proceeds in the furore. 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 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 or 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 party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations ar/sing 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 effi,~ctive 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% 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 terhtory 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. 14. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 15. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 16. SEYERABILITY. 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. 17. BREACI-I. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages fur 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 fi.om the breaching party all costs, expenses and legal fees actually incurred in the enfomement of the rights of the non-breaching party. 18. WAIVER OF BREACH. The waiver by ()ne party of any breach of this Agreement by the other party will not be deemed a waiver of andy other breach or any provision of this Agreement. 19. 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: Anthony L. Crisci 114 East Main Street Mechanicsburg, PA 17055 and to Wife, if made or addressed to the following: Alexandra J. Crisci 31 West Coover Street Mechanicsburg, PA 17055; Notice shall be deemed to have occurred upon the date receiw~d 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. 20. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and chromed under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvarda) in effect as of the date of execution of this Agreement. 21. 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. 22. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 23. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 24. 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. 25. AGREEMENT BINDING ON PARTIES AND HEIRq, This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 26. 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 of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 27. 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. 28. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 3.5 IN WITNESS WItEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS Alexandra J. Crisci f ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 127 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divome Code was filed on January 9, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed fi.om 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. WAIVER OF NOTICE OF INTENTION TO REQUEST 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 iis 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, COUNTY, PENNSYLVANIA NO. 02 - 127 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 9, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed fxom 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. WAIVER OF NOTICE OF INTENTION TO REQUEST' 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 divome is granted. 3. I understand that I will not be divomed until a Divome 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. {}4904, relating to unswom falsification to authorities. Date: Alexandra J., Defenda¥it ANTHONY L. CRISCI, Plaintiff ALEXANDRA J. CRISCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 127 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) 330I(c) ( ) 3301(d) of the Divorce Code. Date and manner of service of the Complaint: January 14, 2002 by Acceptance of Service. 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: August 19, 2004; Defendant: August 18, 2004. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been settled pursuant to a Marital Settlement Agreement dated August 19, 2004. 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.' August ][9, 2004; by Defendant: August 18, 2004. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both the Plaintiff's and Defendant's Waivers are being filed simultaneously with this Praecipe. Date: JAMES, SMITH, DIET~TE. RRICJ~g~-~ONNELLY LLP ~ohn J. ~3~n~elly, J~, E~quire"-'-'~ f '~' ~ttomey_,/or laiP~f f [ } Po%'t-O'ffice Box 650 ~ ~ Hershey, PA 17033 (7 ! 7) 533-3280 PA I.D. No. 15615 IN THE COURT OF COMIV1ON PLEAS ANTHONY L. CRISCI, Plaintiff VERSUS ALEXANDRA J. CRISCI, Defendant Of CUMBERLAND COUNTY STATE OF PENNA. NO. 02 127 CIVIL TERM DECREE iN DIVORCE AND NOW, 5e~_ t& ! DECREE:D THAT Anthony L. Crisci AND Alexandra J. Crisci , 2~O'l, It IS ORDERED AND , PLAINTIFF, , 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 Marital Settlement Agreement dated August 19, 2004 is hereby incorporated, but not merged, into this Decree in Divorc BY THE COURT: ~ f Atte~:' 0 ' /'" J'