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HomeMy WebLinkAbout01-3099DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. O/-3o9 CIVIL ACTION - LAW DIVORCE/CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WlIERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) ~49-31(,6 DENA FANUCCI, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. MARC J. FANUCCI, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Dena Fanucci, by and through her attorney, Jeann6 B. Costopoulos, Esquire, avers the following: Count I - Divorce 1. The Plaintiff, Dena Fanucci, is an adult individual who currently resides at 860 Walnut Street, Apt. 5-A, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Marc J. Fanucci, is an adult individual who currently resides at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaim. 4. The Plaintiffand the Defendant were married on September 12, 1997 in Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. The Plaint/films been advised that counseling is available and that the Plaintiffmay have the right to request that the court require the parties to participate in counseling. 8. There is one Dependem child from this marriage, namely Victoria Angel Fanucci, 15. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 16. Plaintiffand Defendant are the owners of various motor vehicles, bank accounts, inveslments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of the heating on this Complaint, Plaintiff respectfully requests that pursuant to the Divome Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D.For such further relief as the Court may determine equitable and just. Count IV - Custody 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The Plaintiffseeks primary of the following child: Name Present Residence Age Victoria Angel Fanucci 860 Walnut St., Apt A-5 3 yrs. Lemoyne, PA 17043 The child, Victoria Angel Fanuccie, is presently in the custody of her mother, Plaintiff Dena Fanucci, who resides at 860 Walnut Street, Apt A-5, Lemoyne, Cumberland County, Pennsylvania 17043. Maine Since b/rrb, the child has resided with the following persons and at the following addresses: Plaintiff & Defendant Justin Danfelt (son of Plaintiff) Plaintiff Justin Danfelt (son of Plaintiff) Address 344 Lowther Street Lemoyne, PA 17043 860 Walnut St., Apt. A-5 Lemoyne, PA 17043 Dates birth to 1/15/2001 1/15/2001 to present The natural mother of the child is Dena Fanucci, Plaintiff, currently residing at 860 Walnut Street, Apt. A-5, Lemoyne, Cumberland County, Pennsylvania, 17043. The natural father of the child is Marc J. Fanucci, Defendant, currently residing at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 19. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Victoria Angel Fanucci, Justin Danfelt, children of Plaintiff. 20. The relationship of the Defendant to the child is that of natural father. To Plaintiffs knowledge, Defendant resides alone. 21. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 22. Plaintiff does not know of a person not a tmrty to the proceedings who has physical custody of any of the child or claims to have physical custody or visitation fights with respect to the child. 23. The best interests and permanent welfare of the child will be served by granting the relief (a) Plaintiffis the natural mother of the child. Co) Plaintiffhas established a relationship with the child. (c) Plaintiff desires to continue exercising parental duties and enjoys the love and affection of the child. (d) The child should be permitted to enjoy the love, affection, and emotional support which can be provided by their natural mother. (e) The Plaintiffhas been the primary caretaker of the child since birth. 24. Each parent whose parental fights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff respectfully requests this Honorable court to grant her primary physical custody of her d~-ghter, subject to partial custody/visitation rights of Defendant. DENA FANLICCI, Plaintiff VS. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : :No. MARC J. FANUCCI, : CIVIL ACTION- LAW Defendant : DIVORCE DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS : CUMBE~ COUNTY, PENNSYLVANIA : No. 01-3009 : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION ~!301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi~om the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request envy of the decree. 4. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa~C.S. ~4904 relating to unswom0.9 falsification to authorities, gn~.e~~~ ~ Fanucci DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 01-3009 : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses ifl do not claim them before a divorce is granteA I understand that I will not be divorced umil 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 s~aLements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa~C.S. ~4904 relating to unswom falsification to authorities. DENA FANUCCI, v. MARC FANUCCI, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 01-3009 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 22, 2001. 2. Defendant acknowledges and accepts service of the Complaint on or about May 23, 2001. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counselling and understand that I may request that the court require counselling. I do not request that the court require counselling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Marc J. Fanucci, Defendant DENA FANUCCI, Plaintiff VS. MARC J. FANUCCI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-3099 Civil Term CIVIL ACTION - LAW CUSTODY PETITION TO ENTER CUSTODY AGREEMENT AS AN ORDER OF COURT AND NOW, comes the Plaintiff, Dena L. Fanucci, by and through her attomey, Jeann6 B. Costopoulos, Esquire, respectfully avers the following in support of this Petition to Enter Custody Agreement as an Order of Court: 1. The Plaintiff, Dena Fanucci, is an adult individual who currently resides at 860 Walnut Street, Apt. 5-A, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant, Marc J. Fanucci, is an adult individual who currently resides at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Them is one Dependent child from the marriage of Plalntiffand Defendant, namely Victoria Angel Fanucci, bom March 11, 1998. 4. A Custody Agreement was signed by Plalntiffon June 27, 2001 and by Defendant on June 25, 2001. (See attached "Custody Agreement"). 5. Paragraph 12 of the Custody Agreement provides "[e]ither party may petition the court at any time to have this agreement entered as an order of court." WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the attached Custody Agreement as an Order of Court. DENA FANUCCI, Plaintiff VS. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-3099 Civil Term ~&,~a~o I leAMIIO. CI : CIVIL ACTION - LAW C. USTOi}¥ AGREEMENT WHEREAS the parties, Marc J. Fanucci (the Father hereinafter) and Dena L. Fanucci (the Mother hereinafter), have bom to them one child, namely Victoria Angel Fanucci, born March 11, 1998 (the Child hereinafter); and, WHEREAS, the parties wish to enter into an agreemem relative to custody, partial custody, and visitation of the child; and, WHEREAS, both parties have been provided an opportunity to review the Agreement with the counsel of their choice prior to signing. THEREFORE, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. PItynie~l Cu.~tm~y/Vi.~it~tion The Mother shall have primary physical custody of the child. The Father shall have periods of partial custody of the child, to include every Monday after school (or beginning at 9:00 am. if the child is not in school) until Wednesday at 6:00 p.m., provided he is available and not working. If Father is unavailable to exercise his partial custody rights, he shall provide Mother reasonable notice and the parties shall cooperate in scheduling a make-up period of partial custody for Father that does not interfere with the child's education. The Father may exercise additional periods of visitation with the child at such other times as the parties may mutually agree. Mother shall provide clothing apparel and other items the child requires during visitation w/th Father, provided that said clothing and items are returned w/th the child at the conclusion of her visit with Father. l,ggal Cu~tod~y The parties shall share legal custody of the child jointly. They shall consult with each other relative to all important decisions concerning the child, including such matters as health, education, and religion. Therefore, although Mother has primary physical custody of the child, and Mother shall have authority to make routine decisions regarding the welfare of the child, each parent agrees to consult with the other on all non- routine decisions (to be defined as those decisions with a greater than a day to day effect, including, but not limited to, such matters as surgery, major medical treatment, and selection of schools) with a view to having a harmonious policy calculated to promote the best interest of the child. Ifa dispute arises as to any matters regarding non-routine decisions regarding the child, then the party then having custody may exercise final determination subject to review by a court of competent jurisdiction. The parties specifically agree that the child will practice the Catholic faith until she becomes of age. Each of the parties shall have access to all the child's medical, dental, hospital, and school records, including test results and report cards; each parent shall permit and encourage communication by the other parent with doctors, teachers, and school administrators regarding the child's health and education progress. Each of the parties shall be provided with schedules of school events and athletic events when available, or in the alternative, provide two weeks notice to the other party that such an event is upcoming. In addition, both parents are entitled to portrait and class school pictures. ~ Both Father and Mother shall each be entitled to exclusive custody of the child during their scheduled vacation from work, notice of which shall be provided to the other party at least one month in advance. H~lidtys/Visitnti~n with Extended Family Thank~EivinE: Father shall have the child for Thanksgiving from 9:00 a.m. to 9:00 p.m. in odd years and Mother shall the child for Thanksgiving from 9:00 a.m. to 9:00 p.m. in even years. Cbrintmas~' Each year, Father shall have the child from Christmas Eve from 9:00 a.m. tol0:00 p.m. and Mother shall have the child on Christmas Day from 9:00 a.m. until 10:00 p.m. Father's Day/Mother's 13ay Father's Day shall be with Father, Mother's Day shall be with Mother. This visitation shall be from 9:00 a.m. until 8:00 p.m. Child's Birthday Mother shall have the child every year on her birthday from 9:00 a.m. until 9:00 p.m. Father shall have the child every year on either the day before the child's birthday or the day following the child's birthday from 9:00 a.m. until 9:00 p.m. Father shall provide Mother at least one week notice of the day he intends to choose. Other Holidays All other holidays shall be spent with the party scheduled to have visitation on the day upon which the holiday falls. Family Events The parties shall reasonably allow the other party visitation during times other than those scheduled in this Agreement for scheduled family events provided at least two weeks notice to the other party is given. Visitation with Extended Family Every effort shall be made for the child to spend quality time with both parties' parents and other relatives as well as the child's godparents. DENA FANUCC1, Plaintiff VS. MARC J. FANUCCI, Defendant 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-3099 Civil Term : CIVIL ACTION - LAW : CUSTODY or. or2 AND NOW, this day of~ ~.~e~ ,2001,, upon consideration of the within Petition to Enter Custody ~s al~l~der of Court, Agreement, the Petition is hereby GRANTED. BY THE COURT: DENA FANUCCI, VS. MARC J. FANUCCI, Plaintiff Defendant JUl. JL ~ Z001 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-3099 : : CIVIL ACTION - LAW : CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 2"d day of July, 2001, the Custody Conciliator, having been advised that the parties have reached an agreement and entered a Stipulation, hereby relinquishes jurisdiction of this case. FOR THE COURT, Melissa Peel Greevy, Esquire Custody Conciliator DENA FANUCCI PLAINTIFF V. MARC J. FANUCCI DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-3099 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, June 01, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue, Suite 105, Camp Hill, PA 17011 on Monday, July 02, 2001 __ at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P. Greevy. Es~.~ Custody Conciliator The Court of Common Pleas of Ctunberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DENA L. FANUCCI, bom July 8, 1964, and MARC J. FANUCCI, born June 3, 1963: WITNESSETH: WHEREAS, Dena L. Fanueni (hereinafter referred to as "Wife") and Marc J. Fenucci (hereinat~er referred to as "Husband") are wife end husband, having been lawfully married on September 12, 1997, in the Commonwealth of Virginia; WHEREAS, one child was bom oftha marriage between the parties, namely Victoria Angel Fanu¢ci, born March 11, 1998; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real end personal property, the support and maintenance of one another and, in general, the sutfling 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 hereina~er set forth, and for other good end valuable considera6on, the receipt end sufficiency of which is hereby acknowledged by each of the parties hereto, Husband end Wife, each intending to he legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreemem end their legal effect have been fully explained to the parties by theft respective attorneys~ Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, end that each fully understands the facts end has been fully informed as to his or her legal rights and obligations, end each part~ acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and lhat is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue infiuence~ and that it is not the result of eny improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her re~ve attorney of 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 distfibution of all marital properly or property owned or possessed individually by the other, counsel fees and costs of litigetion and, fully knowing the same and being fully advised of his or her fights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the te~ns and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective fight to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction, make any determio~tiun or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories., motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery penuitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or fight 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 cour~ of competent jurisdiction. The parties do hereby ackunwledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any fight to further disclosure, valuation, enumeretion or statement hereof in this Agreement is hereby specifically 'waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactosy to them. Each of the parties hereto further covenams and agrees tbr himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any fights to full disclosure, or that there was any fi.and, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. pI~RSONAL RIGHTS. Husband and Wife may, at all times b~eai~er, live separate and apart. Each shall be flee 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, cerry on or engage in any hus'mess, oeenpation, profession or employmem which to him or her may seem advisable. Ha~sband and Wife shall not molest, harass, disturb or malign ~aeh other or the respective families of eech 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 propo~y now owned by or bereinat~er acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ~ economic issues related to their divorce and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that if e'n'her party files a Complaint in Divorce on serves it upon the other, upon the expiration of the ninety (90) day waiting period provided for under Section 3301(¢) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice oflntantion to Request Entry of Divorce Decree and deliver same to counsel for tbe moving party, who shall promptly submit said affidavits and waivers to the court aiong with a Praecipe to Transmit Record, Vitai Statisfies Form and any and ail other documents necessary to precipitate the prompt entry of a divorce decree. 5. EOUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they own a hume and property located at 344 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred to as the "Maritai Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband and Wife agree to cooperate with regard to preparing the maritai residence for sale. They shall also cooperate with regard to completing and signing any and all documents c~cesse~y to effectuate a sale oftbe maritai re~idence. (2)The proceeds of the sale of the marital residence shall be divided e~uaily (3) Pending sale of the marital residence, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, regardless of when such cost or liability arose, including, but not limited to, the existing mortgage, taxes, insurance premiums, utih'ties, mahatenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indenmified and held harmless fi.om any liability, cost or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting fi.om Husband's responsibilities under this paragraph regarding the Marilal Residence. (b) Furnishinus snd Personsitv. The parties eg~e that they have divided by al~reement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnisbing~ antiques, jewehy, rags, carpets, household appliances and equipment. Any personalty or furdishings remaining in the Marital Residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, flee of any and all right, title, claim or interest of Wife. Any personalty or furnishings now located in Wife's current residence as oftbe execution d~e of this A~reement shall be and remain Wife's sole and separate propen'y, free of any and all right, title, claim or interest of Husband. (e) Motor V~hieles. Husband and Wife agree that they shall each retain possession and receive as each of their sole and separate property, any vehicles currently titled i~ their own name solely, along with all tights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereor~, flee of any and all right, title, claim or interest oftbe other. Each shall indemnify and hold the other and his or her property harmless fi.om any and all liability, cost or expense, including actual attorneys fees, incurred in cormection with their vehicles. Husband shall carry automobile insurance for Wife and her son Justin pending the entry ora Decree in Divorce. (d) Life Insur~nee. Husband hereby specitlcally releases and waives any and all fight, title, claim or interest that he may have in and to any and all policies of insurance owned by or insuring the life of Wife, including cash surrender value, if an),, and also specifically to include a waiver of any beneficiary desi~narion thereunder. Husband shall obtain and keep current an insurance policy insuring his life and shall name the parties' minor child, V~ctoria Fanucci, as the beneficiary of said policy through a trust fund to be controlled by Francis J. Fanucei, the child's paternal ~randfather, or alternatively, Dianna Cowan, in the even~ Francis J. Fanucei is unwilling or unable to perform the duties of controlling a trust fund. Husband shall keep current any and all policies of insurance currently owned by or insuring the life of Husband and shall name Wife as the beneficiary of any and all life instance policies owned by or insuring the life of Husband, except for the one policy in which the parties' minor child is the named beneficiary. (e) Pension ~md Retirement Benefil~. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have ia and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retireraera accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficia~ designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar ac~ that may be required from time to time to accomplish the purposes of this subparagraph. (f) Cash Accounts, Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate prol~'ty, free from any and all right, rifle, claim or interest of Wife, any and ail stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now ave rifled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all figlR, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now m~ titled in Wife's name alone. (3) Both parties agree that neither shall access the others financial accounts in any manner, whether alect~onicaHy or by other means. The pa~es also agree to close any joint financial or credit accounts within thirty days of execution of this agreement. (g) Income Tax. The perfies shaH file a joint tax returo for the tax year 2000 and shall equally divide any tax refund. Beginning in the tax year 2001, Wife shall claim the parties minor child, Victoria Fanucci, as a dependent on her income tax returns~ Also beginning in the tax year 2001, Husband shall place in a college fund on behalf of the parties' minor child, Victoria Fanueci, 25% of any tax refunds he obtains until the child's 1Sa~ birthday or graduates highschool, whichever is later. (h) Mise.~neom Pro~rtv. 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 propen'y fi-om each to the other. (i) Prooeriv 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 aH rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This ~ent shall constitute a sufficient bill of sale to evidence the transfer of any and aH rights in such property fi-om Husband to Wife. (j) Prouertv to Husband. The parties agree that Husband shall own, possess, and enjoy, fi-ce from any claim of Wife, the property awarded to him by the terms of this ~a~greement. Wife hereby quitchiin~ assigns and conveys to Husband aH such property, and waives and relinquishes any and aH rights thereto, together with any insurance policies covering that prope'ay, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and aH fights in such property fi-om W'~e to Husband. (k) As~umt~fion of Encumbnm~es. (1) Husband shall be ~lely r~nsible for ~y ~d ~1 m~ bills of ~ ~e, the p~' ~or c~ld ~ F~ ~d ~'s ~n J~n D~elt, w~ch ~ve ~m~ or ~ ~e prior ~e ~ of a ~ ~ ~vor~. (2) ~hg t~ ~ pro~d~ ~ p~ph (5~k~ 1 ) ~, ~e s~ ~ ~lely res~le for ~ ~d ~1 l~b~ifi~ sbe ~ i~ w~ch ge ~lely ~ hg n~e. Wife ~ ~ ~ ~l~y r~n~ble for ~y ~d ~ ~s ~iat~ ~th h~ r~fion of jointly held ~o~ pur~ to t~ ~t. (3) ~r ~ ~ pro~d~ in pg~ph (5~k~l) ~ve, Hued ~1 ~ ~l~y rm~le for ~ ~ ~ ~ilifi~ ~ ~ ~ w~ch ~e mle~ in ~s ~e. ~d s~l 8~ ~ ~lely r~omible for ~ ~d ~1 ~ ~at~ ~ h~ me.on ofjoi~y h~d pro~ pu~ to ~s A~m. (4) Ufl~ oth~ pro~d~ ~ ~h p~ h~e~ ~m~ the d~ts, ~br~ ~ ~ bens on ~ ~e pro~ ~h ~ hold sub~u~ to tbe e~e ~e of t~s ~. ~ch ~ ~ to ind~ ~d hold ~s the ot~ p~ ~d ~s or hg pro~ ~om ~y c~m or l~li~ t~t ~e o~er p~ ~ s~er or ~y ~ r~ to pay ~ of ~e d~s, ~br~ or li~ ~m~ ~ t~ othg p~ to t~s ~mt. (I) ~b~ Not ~. ~ p~ r~r~ts ~d ~s to ~e o~ ~at ~ or sbe ~ not ~ ~ d~L oblation or oth~ ~, oth~ t~ tho~ de~ in t~s ~t, on w~ch the oth~ ~ is or ~y ~ ~le. A li~i~ not di~lo~ in t~s A~ ~ll ~ ~e ~le ms~bi~ of ~ p~ who ~ ~ or may h~ in~ it, ~d ~ch p~ ~ to ~ it ~ tbe ~ s~l ~ ~e. ~ to ~d~ ~d hold tbe oth~ p~ ~ ~s or ber pm~ ~s ~m ~y ~d ~ ~ d~ ~ons ~d Ii.Biffs. (m) ~dem~ifi~ of Wff~ ff~ c~ a~ or ~ is ~ ~t~ ~g to hold ~ ~le ~r the d~ts or ob~o~ ~m~ by H~d ~d~ t~s A~e~, Husb~ ~1, ~ ~s ~le ~ defend W~e n~i~ ~y ~ch cl~m, at,on or pr~i~ wh~h~ or not we~-~u~ ~d ind~ ~ ~d h~ ~o~ ~i~ ~ ~ '7 or loss resulting the~fi'om, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. (n) Indemnification of Huslmnd. ff 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 rasulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. (o) W~wr~nt~ ~s to Futur~ Obligations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal mpreseutatives, property or estate may be responsible. From the date of execution of this Agreemant, 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 accoums which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorneys fees, incurred in the event of breach hereol~ 6. WAIVER OF ~I,I~I[ONY. Husband and Wife hereby expressly waive, discharge and release any and all fights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony _nondente ~ support and/or maintenance or other llke benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. CH ~ .1~ SUPPORT. The parties agree that Husband shall pay Wife an unallocated amount for child support in the amount of $677.$0 per mouth through Domestic Relations. 8. EDUCATIONAL EXPENSES. The parties agree to equally divide the cost of daycare for their minor child, Victoria Fanueci. The parties also agree to equally divide the cost of Catholic school tuition for the child when she becomes of age to attend school. 9. COUNSEL I~ES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses in~arred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 10. WAIVER OF 1NIIERITANCE 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 fight 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 Agrcement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all fights provided under the laws of Peunsylvania, or any other jurisdiction, and shall include ail rights under the Pennsylvania Divorce Code. 11. WAIVER OF BgNEFICIARY ]DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other pa~y under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this AgreemenL If and in the event the other party continues to be named as benefieiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. (a) Wife end Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution oftbeff assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division oftbeir property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each oftbe parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transfen'ed to the other party pursuant to 'dfis Agreemem or identified in this Agreement as belonging to the other party, and each petty agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or fight 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 fur all purposes. Co) 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 hereaffer has for past, present or future suppoR 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 fights and I~nefits 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 arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, execuwrs, edministraturs, assigns, propet~y 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 he 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, cuaesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the fight to treat a lifetime conveyance by the other as testamentary or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsyivunia, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the pa~ties 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 disehargn from all causes of action. claims, fights or demands whatsoever in law or in equity, which either party ever had or now hes against the other. 13. PRESERVATION O1~ RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce de;rea all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall he effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to he void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. Ifeither patty 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 he available to him or her. The non-breaching party shall he entitled to recover fi'om the breaching patW all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party, 17. WAIVER Olt BREACH. The waiver by one party of any breach of this Agreement by the other party will not he deemed a waiver of any other breach or any provision of this Agreement. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall he nonstrued and enforced under the substantive laws of the Commonwealth of Peansylvania (without regard to the comqict of law rules applicable in Pennsylvania) in effect as of the date of execufiun of this Agreement. 19. I~ATE OF EXECUTION. The "date of execution~ or "execution date" of this Agreement shall be deftned es the date upon which the parties signed the Agreement if they dc. so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFF_~'FIVE DATE. This Agreement shall become effective and binding upon both parties on the execution d~te. 21. [FFI~Yl~ OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect mad shah 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 wniver of any of the te~n$ hereof unless the parties in ~riting execute a statement declaring this Agreement or any term of this Agreement to he null and void. 22. It~AI)ING$ NOT PART OF AGII~i]gM~NT. Any headings preceding the text of the several paragraphs and subpars~aphs hereof are inse~xl solely for convenience of referanc~ and shall not constitute a part of this Agrne~n~t nor shall they affect its meaning, construction or effect. 2~. AGRF, F_,_MF~T BINIHNG ON PAR'I'II~$ AND ~11~. This Agrneme,~l shall bind the parties hereto and their respective ~ executors, administrators` legal representatives, assigns, and successors in any interest of the parties. 24. KNTIRE AGI~I~.EM~NT. Each party ac&nowledges that he or she has carefully read this ASreemant, including any and all oth~ documents to which it refers` such other documents being incorpormed herein by rnfernnce; that he or she has discussed its provisions with an attorney of his or own choice, and has executed it voluntarily and in reli~mce upon his or her own attorney; and that this instrument expresses the entire ngrnemeut hetweco the parties concerrfing the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Ag~emant should he interpreted ~ and simply, and not strictl~ for or against either of the 25. MIJTUAL COOPERATION. Each part~ shall, on demand, execute and deliver to the other any deeds, hills of sale, assignments, consents to chenge of heneficiary designations, tax returns, and other documents, and shall do or cause to he done ev~ other act or thing that may he necessary or desimhie to effectuate the provisions and purposes of this Agreement. If e, ither party unreasonably ~ails on COMMONWE~ OF ,P~n~SYLVAI, nA ) ) BEFORE ME, the undersigned authority, on this day personally appeared MARC J. FANUCCI, known to me to be the person who executed the foregoing L,~trument, and who acknowledged to me that he executed aame for the purpo~ea and con,ideration, thereinexpreaaed. /~.._.~4~ day of .~ ~~GIVEN UNDER MY HAND AND SEAL OF OFFICE tiffs / Notary Publib in a~ for ~ Cowanonwealth of Pennsylvania .T~_~or printed name of Notary: My commission expires: __ DENA FANUCCI, Plaintiff MARC J. FANUCCI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ~,oqq : No. 01--3~O~'Civil Term : : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under §3301,(c) of the Diw>rce Code. 2. Date and Manner of service of the Complaint: Service by Acceptance of Service by Defendant on or about 5/23/01. See attached "Defendant's Affidavit of Consenh Acceptance of Serivce and Waive of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code". 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: bythe Plaintiff: 9/20/01; bythe Defendant: 9/20/01. 4. Related claims pending: None. 5, Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Praeeipe to Transmit Record. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: filed simultaneously with this Pmecipe to Transmit Record. Respectfully Submitted: Attorney for Plaintiff 1400 N. Second Street Harrisbulg, PA 17102 Phone: (717) 221-0900 PA S.Ct. ID No. 68735 IN THE COURT OF COMMON PLEAS STATE OF DENA FANUCCI, Plaintiff OFCUMBERLANDCOUNTY PENNA. NO. 01-3099 VERSUS MARC J. FANUCCI, Defendant AND NOW, DECREED THAT aND DECREE 1N DIVORCE DENA FANUCCI MARC J. FANUCCI IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIM~5 WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOR WhiCH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE attached Prop~:~y Settlement Agreement dated September 19, 2001, is incorporated, wihhout merger, herein. e~~C o L4r T PROTHONOTARY