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Home My WebLink About05-0400 CHRISTINE E. MICCIO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. . OS" -1{66 CIVIL : MICHAEL MICCIO, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CHRISTINE E. MICCIO, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05 - /....f6{) civil MICHAEL MICCIO, Defendant . . IN DIVORCE COMPLAINT AND NOW comes Plaintiff, by her attorney, Kent H. Patterson, and files this complaint in divorce, based upon the following: 1. Plaintiff, Christine E. Miccio, is an adult individual residing at 456 Creston Road, Borough of Camp Hill, Cumberland County, pennsylvania (Camp Hill, PA 17011). 2. Defendant, Michael Miccio, is an adult individual residing at 352 willow Street, Borough of Camp Hill, Cumberland County, Pennsylvania (Camp Hill, PA 17011). 3. Plaintiff and defendant have been bona fide residents in the Commonwealth of pennsylvania for at least six (6) months previous to the filing of this complaint. 4. Plaintiff and defendant were married on May 15, 1993 in Penbrook, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Plaintiff and defendant are both citizens of the united States of America. 7. Defendant is not a member of the Armed Services of the United States or any of its allies. 8. Plaintiff avers as the grounds on which this action is based are that the marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties participate in counseling. WHEREFORE, plaintiff requests your Honorable Court to enter a decree in divorce dissolving the marriage between plaintiff and defendant and such further relief as the Court may determine equitable and just. /-rl;r~ Kent H. Patterson Attorney for plaintiff 221 pine Street Harrisburg, PA 17101 (717) 238-4100 - 2 - VERIFICATION I, Christine E. Miccio, verify that the statements in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. /!/~ ~ ~-'J) Christine E. Micci Date: rY-/J1.1J/VC/ /</ drJo:J ~ ~ ~ -- 7i ...0 \). "- ~ ~ ~ "'Q, ~ tA... "\:, - J r-" "'" C~~ ....,~ <-- "" ~~:: ::3 -~ o -[1 ,:1." ~ rl1f:::::: -(Jin rv ;'?.1.~~1 ""b -0 \,,);:;"") 3 ~" ~~~,\,",;1 C'" ", ,_.. .' "LJ :....:; Christine E. Micco, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : NO. 05-400 CIVIL Michael Miccio, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Michael Miccio, accept service of the complaint in divorce. /L:j;~hJ /0~ Michael Miccio Date: 2/2- !zoo 5- Mailing Address: 352 willow Street Camp Hill, PA 17011 -- (? ~~~ c_~ C;:"") " c,rl , , i' (,Jl C) (,..) , C' , - CHRISTINE E. MICCIO, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLll.ND COUNTY, PENNSYLVANIA . . v. : NO. 05-4,00 CIVIL MICHAEL MICCIO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT J!>ND WAIVER OF COUNSELING 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 21, 2005. 2. The marriage of plaintiff and def:endant is irretrievably broken and ninety (90) days have elapsed frcm the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may requesl~ that the court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the court. I verify that the statements made in this affidavit are true and correct. I understand that false stat:ements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date 7 p9,k5 C{;~E<ii!l~ o c ~~ .me,- rG\ ._y ~"i fJ} -<. '.c.: . ~~,\'~: 7C~ ~\ ..-<. ~ ~ ~ "" - '"" Q. ~~. rG :'{, C{ Oc> :::,,::';c\ ?;;?SA 1.')1 ~ ?& ..., ~ ~ - -::0 - CHRISTINE E. MICCIO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLlWD COUNTY, PENNSYLVANIA v. : NO. 05-~LOO CIVIL . . MICHAEL MICCIO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expElnSeS if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a c'opy of the decree will be sent to me immediately after it is filecl with the Prothonotary. I verify that the statements made in t:his affidavit are true and correct. I understand that false state~nts herein are made subject to the penalties of 18 Pa. C.S. Sec'tion 4909 relating to unsworn falsification to authorities. Date 7 1&9 /o.~ I , -1;~ ~ cffJ~' Christine E. Miccio Q C. ~f -o~I Cn\' ~:C, ':'2" f"';' ~. ...,,- ~<'""'.... .-- ~~F~~J,~ ~ ...' '"" <g;, ~ '" - "" ~ 1...n f' 'r:: .-of'D ?-;II:( DO :;t;:\) ,,:,...C) -;,~~ ("1:" ,,', :'i:l :4 -.J ~ r:? J;:" U) - CHRISTINE E. MICCIO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERL1\ND COUNTY, PENNSYLVANIA v. : NO. 05-400 CIVIL : MICHAEL MICCIO, Defendant . . : IN DIVORCE AFFIDAVIT OF CONSENT J!.ND WAIVER OF COUNSELING! 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on January 21, 2005. 2. The marriage of plaintiff and def'endant is irretrievably broken and ninety (90) days have elapsed frcm the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may requesl~ that the court require that my spouse and I participate in counseling. Being so advised, I do not request that my spouse and I partici]~ate in counseling prior to a Decree in Divorce being handed down by the court. I verify that the statements made in this affidavit are true and correct. I understand that false stal;ements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date ~ 't '2...00 -S- 1 I I-~~ ;ti~ Michael Miccio 'e ~ 0 = """ -n "" " :t-n """Jer ~ rnr"-, -.2:~: ' G'> rt'r=::: 2' - -om (n) :'J~ %-' N () ) ~;:l=,_ -0 ::e. -4-~ C:'C-) )c' . % -7 'J!;-~: ~ '5rn /.: -'--\ :< r:- 10 .0 '-< CHRISTINE E. MICCIO, Plaintiff IN THE C()URT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-400 CIVIL MICHAEL MICCIO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(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 riqh,ts concerninq alimony, division of property, lawyer I s fees or expelnses if I do not claim them before a divorce is qranted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a CIOPy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in t:his affidavit are true and correct. I understand that false statE~ents herein are made subject to the penalties of 18 Pa. C.S. Sec:tion 4909 relatinq to unsworn falsification to authorities. Date 'i h<>!t>r f , ,~~4(~ Mic:hael Miccio 0 r-> ~ C gg ",-, c.n -0 ,---' ~ $,:0 IT: L\-. ~2. G" -o~ ,^ --,0 0 r-:> 6~ ~ C.c ..~\u __"l-. ^- ^^ ~ i-:;::r! ):, :r; ~70 'j;;' ,..,' .-en c:: ~ S;~ -,,- ~ :;:- 55 \.CJ C< CHRISTINE E. MICCIO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAlml COUNTY, PENNSYLVANIA . . v. : NO. 05-400 CIVIL MICHAEL MICCIO, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the prothonotary: Please transmit the record, together w'ith the following information, to the court for entry of a divorce decree. 1. Ground for divorce: Irretrievable, breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of thEl complaint: On February 2, 2005 by acceptance of service. An acceptance of service has been filed with the prothonotazy. 3. Date of execution of the affidavi.t of consent required by Section 3301(c) of the Divorce Code: b~r plaintiff on July 29, 2005; by defendant on August 4, 2005. 4. Related claims pending: None. All economic issues were resolved by marital settlement agreement bl,tween the parties dated July 19, 2005. Plaintiff requests that the terms of the marital settlement agreement be incorporatlad but not merged into the divorce decree. 5. Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the prothonotary: ;~ugust 12, 2005. Date defendant's waiver of notice, in Section 3301(c) divorce was filed with the prothonotary: ,~ugust 12, 2005. Dated: g.!) ~t1~ L/I~ ~nt H. Patterson Attorney for plaintiff 221 pine Street Harrisburg, PA 17101 (717) 238-4100 '2. ~ ~ -~ ~ .-\ ~ -citY} ~ ~~ nlr1: Z':.;. G"J 2'- - ;5,0 t!}:-;; N ',)0 ~.:~~- ....-\ . -0 ::r:~.t :;JO: ~~O 1;;~ i:~ ~ OC'fl ;;c.; ~ U"l ~ - ::<; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . + + + + . + + . + . + + . + . + . . . + . . + . . + . . + . + + . + . . + . + . . . .' . . . . . ;Ii:+. Of. :+. .. . ;Ii ;Ii:+: Of :f.:f Of. Of. 'l'ot: ;f.:f.if. :f.:f. iIi iIi:f.:f.:f. :f. "":f.iIi:f.:f.:f.:f.:f. :f.iIi:f.iIi+iIi:f.:+:++~ + . + . + . + + + IN THE COURT OF COMMON PLEAS . + OFCUMBERLANDCOUNTY STATE OF PENNA. CHRISTINE E. MICCIO. Plaintiff No. 05-fOO CIVIL VERSUS MICHAEL MICCIO, Defendant DECREE IN DIVORCE AND NOW, ~-y 2005 IT IS ORDERED AND IV DECREED THAT CHRISTINE E. MICCIO , PLAINTIFF, AND MICHAEL MICCIO , 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 marital settlement agreement between the parties dated July 19, 2005, a copy of which is attached, is incorporated hl1t- nnr. mprgen inro t:hiR Op.cree in Divorce.. 4/ f~t4 P"OT"O'OC^,~ :f.'t''IC:f.:t'++ Of:!' '" . . + + . + . . . + ++ +:f.+ :f.:f.+ + +:f. +:f. :f.++.:f. ++:f.+ :f.+:f.+ . . . + . . + . + . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . ~/f< fr:'~' '<.0':?Z"'/ ft~ '" ~ 4W ,p" 1( "'1 ",. ~ Jtl'sC,o;: " :-, .... Marital Settlement Agreement Agreement made this ) q e. day of }uL, (hereinafter re~rred/to , 2005 by and between MICHAEL MICCIO, as "Husband") AND CHRISTINE E. MICCIO, (hereinafter referred to as "Wife"). WITNESSETH WHEREAS, Husband and Wife were lawfully married on May 15, 1993; and WHEREAS, there is a divorce action pending between the parties in the Court of Common Pleas of Cumberland County docketed at No. 05-400 CIVIL; and WHEREAS, the parties are desirous of terminating the marriage and settling all rights, obligations and other matters between them. NOW, THEREFORE, each party, intending to be legally bound hereby, does agree as follows: 1. Separation. Husband and Wife have separated and are living apart from each other. Each may reside from time to time at such place or places as he or she may select, free of any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or attempt to compel the other to cohabit with him or her by any means. The foregoing - 1 - provision shall not be taken to be an admission on the part of either Husband or Wife of causes leading to their living apart. 2. Personal Property. The parties acknowledge that they have divided between them the household goods and furnishings in a manner satisfactory to both of them. The household goods and furnishings which are now in the possession of each party shall remain the sole and separate property of that party. 3. Personal Effects. Husband and Wife shall continue to own and enjoy, free from any claim or right to the other, all of his or her personal effects, such as clothing, jewelry, books, athletic equipment and the like, wherever located. 4 . Motor Vehicles. A. The 1999 Toyota Sienna van that is titled in Husband's name shall be the sole and individual property of Husband. The vehicle is not encumbered. B. The 1997 Chevrolet Cavalier that is titled in Wife's name shall be the sole and individual property of Wife. The vehicle in not encumbered. 5. Bank Accounts. A. The savings account that was held jointly by Husband and Wife at Pennsylvania Central Federal Credit Union was closed in December 2004 by Husband who withdrew $19,870.42 from the account. Husband shall retain those funds as his separate and individual property. - 2 - B. The checking account that is held jointly by Husband and Wife at Pennsylvania Central Federal Credit Union and had a balance of approximately $6,900 when Husband left the marital residence on or about January 2, 2005 shall be the sole and individual property of Wife. Husband shall transfer his right, title and interest in the account to Wife. C. The savings account that was held jointly by Husband and Wife at Belco Community Credit Union was closed in December 2004 by Husband who withdrew $1,651.54 from the account. Husband shall retain those funds as his separate and individual property. 6. Real Estate. During their marriage, Husband and Wife acquired the real property at 456 Creston Road, Borough of Camp Hill, Cumberland County, Pennsylvania (Camp Hill, PA 17011) in joint names as tenants by the entireties and maintained the property as their marital residence. By deed dated December 15, 2004 and recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 266, Page 4014. Husband transferred his interest in the property to Wife who refinanced, in her name alone, the mortgage given by the parties to Chase Manhattan Mortgage Corporation. The real property at 456Creston Road shall remain the sole and individual property of Wife. - 3 - In December 2004, Husband purchased and acquired by deed in his name alone the real property at 352 Willow Street, Borough of Camp Hill, Cumberland County, pennsyl vania (Camp Hill, PA 17011) . This property shall remain the sole and individual property of Husband. 7. Equitable Distribution Payment. Wife shall pay to husband the sum of $21,670.00 immediately after the execution of this agreement. 8. stocks. The jointly owned Disney stock shall be the sole and individual property of Wife and Husband shall transfer to Wife all of his right, title and interest in the stock. Wife shall transfer one half of the stock to each child or otherwise use one half of the stock for the benefit of each child at sometime prior to each child becoming 19 years of age. 9. Repayment of Debt. Wife shall be solely responsible for payment of the mortgage for 456 Creston Road to Chase Manhattan Mortgage Corporation and shall indemnify and hold harmless Husband from any liability for any payment thereon, including attorneys' fees and costs. Husband shall be solely responsible for payment of the mortgage for 352 Willow Street to Mortgage Electronic Registration Systems, Inc., Irwin Mortgage Corporation dba IFC Mortgage Corp. and shall indemnify and hold harmless Wife from any liability for any payment thereon, including attorneys' fees and costs. - 4 - 10. Wife's Debts. Except as otherwise provided herein, Wife hereby warrants and represents that she has not heretofore incurred any debt or obligation for which Husband now or in the future is or may become liable. With respect to any such obligation incurred by Wife, whether solely in her name or jointly, she agrees to pay same and to indemnify and hold Husband harmless therefrom, including costs and reasonable attorneys' fees. 11. Husband's Debts. Except as otherwise provided herein, Husband hereby warrants and represents that he has not heretofore incurred any debt or obligation for which Wife now or in the future is or may become liable. Wi th respect to any such obligation incurred by Husband, whether solely in his name or jointly, he agrees to pay same and to indemnify and hold Wife harmless therefrom, including costs and reasonable attorneys' fees. 12. Future Debts. Neither party shall, after the date of this agreement, in any manner incur debts or other obligations obligating the other or incurring any debt in the name of the other, and each party shall indemnify and hold harmless the other party from any such debts or obligations, including costs and reasonable attorney's fees. 13. Retirement, Pension and Deferred Savings Plans. A. Husband shall retain as his sole property his accounts and interests in all pension and retirement plans through his employment at Pinnacle Health Systems. Wife hereby releases any - 5 - claims or rights she has or would have in Husband's interests and accounts in said plans. B. Wife shall retain as her sole property her account and interest in the State Employees' Retirement System (SERS). Husband hereby releases any claims or rights he has or would have in Wife's interest and account in the State Employees' Retirement System. 14. Full Settlement/Waiver of Claims and Alimony. Husband and Wife acknowledge that the provisions of this agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other including claims for support, maintenance, alimony or alimony pendente lite, attorneys fees and costs. Husband and Wife specifically waive and relinquish any right to receive from the other any payment for spousal support, alimony pendente lite or alimony. 15. Release by Wife. Wife does hereby release, remise, quitclaim and forever discharge Husband and estate of Husband from any and every claim that she now has, may hereafter have, or can have at any time against Husband or against his estate, or any part thereof, whether arising out of any'formal contracts, engagements or liabilities of Husband; arising by way of dower or claim in the nature of dower, widow's rights, or under intestate law; arising by any right to take against Husban~s Will; arising under the Divorce - 6 - Code including claim for any determination and distribution of property, claim for alimony and claim for attorneys' fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Wife under this agreement. 16. Release by Husband. Husband does hereby release, remise, quitclaim and forever discharge Wife from any and every cJ.aim that he now has, may hereafter have, or can have at any time against Wife or against her estate, or any part thereof, whether arising out of any formal contracts, engagements or liabilities of Wife; arising by way of curtsey or claim in the nature of curtsey, widower's rights, or under intestate law; arising by any right to take against Wife's Will; arising under the Divorce Code including claim for any determination and distribution of property, claim for alimony and claim for attorney's fees, costs and alimony pendente lite; or arising by any other nature whatsoever; excepting only those rights accruing to Husband under this agreement. 17. Child Custody. Husband (hereafter referred to as "Father" in this paragraph) and Wife (hereinafter referred to as "Mother" in this paragraph) are the parents of Joshua M. Miccio (born August 30, 1995) and Noah C. Miccio (born December 16,1998). A. Mother and Father shall have shared legal custody of Joshua and Noah. Major decisions concerning the children, including but not limited to, the children's health, welfare, education, and religious training and upbringing shall be made - 7 - by them jointly, after discussion and consultation with each other, with a view towards obtaining and following a haromonious policy in the children's best interests. Day to day decisions shall be the responsibility of the parent then having physical custody. Wi th regard to any emergency decisions that must be made, the parent having physical custody of the child at the time of the emergency shall be permitted to make any immediate decisions necessi ta ted by the emergency. However, that parent shall inform the other parent of the emergency and consult with h~ or her as soon as practical. B. Mother and Father shall have shared physical custody of Joshua and Noah. 1 . Mother shall have custody of Joshua and Noah from Sunday evening at 5:00 p.m. through Thursday morning when they shall go to school or, when there is no school, they shall go to Father's house. 2. Father shall have custody of Joshua and Noah from Thursday after school or, on Thursday morning when there is no school, through Friday evening at 8:00 p.m. 3. On those Wednesdays during the month when Father does not work, Father's weekday custody shall begin on Wednesday instead of Thursday. - 8 - 4. Mother and Father shall have custody of Joshua and Noah on alternating weekends from Friday evening at 8:00 p.m. through Sunday at 6:00 p.m. c. The Christmas holiday shall be rotated as follows: Segment A: noon. December 24 at noon through December 25 at Segment B: noon. December 25 at noon through December 26 at During even numbered years, Father shall have Joshua and Noah for Segment A and Mother shall have them for Segment B. During odd numbered years, Mother shall have Joshua and Noah for Segment A and Father shall have them for Segment B. D. The Thanksgiving holiday shall be rotated as follows: Segment A: Thanksgiving Eve from 5:30 p.m. to Thanksgiving Day at 4:00 p.m. Segment B: Thanksgiving Day at 4:00 p.m. through the day after Thanksgiving at 5:30 p.m. During odd numbered years, Father shall have Joshua and Noah for Segment A and Mother shall have them for Segment B. During even numbered years, Mother shall have Joshua and Noah for Segment A and Father shall have them for Segment B. E. The Easter holiday shall be rotated as follows: Segment A: Saturday at 1; 00 p.m. to Easter Sunday at 1:00 p.m. Segment B: Easter Sunday at 1:00 p.m. through 6:00 p.m. - 9 - During odd numbered years, Father shall have Joshua and Noah for Segment A and Mother shall have them for Segment B. During even numbered years, Mother shall have Joshua and Noah for Segment A and Father shall have them for Segment B. F. Mother shall have custody of Joshua and Noah on Mother's Day and Father shall have custody of them on Father's Day. G. Mother shall have custody on even numbered years and Father shall have custody on odd numbered years on the Memorial Day weekend and Labor Day weekend. H. Father will have custody on even numbered years and Mother will have custody on odd numbered years on Independence Day (July 4). If July 4 falls on a Friday or Monday, then the holiday shall include the weekend. I. The holiday schedule shall take precedence over the regular custody schedule but shall not alter the schedule or sequence of regular periods of custody. J. Mother and Father shall each be allowed to choose a 10 day summer vacation period with the children. Mother shall have first choice on even numbered years and Father shall have first choice on odd numbered Years. The parent with first choice shall advise the other parent at least 8 weeks in advance. The parent with the second choice shall advise the other parent at least 4 weeks in advance. - 10 - K. Transportation to and from the parties' houses shall be shared. Except as otherwise provided or agreed to by the parties, the parent who will be assuming custody of the children shall transport them to his or her house. L. Nei ther Husband nor Wife shall move his or her residence from Camp Hill School District without giving the other parent a minimum of ninety (90) days prior notice. This notice provision is intended to give the parents an opportunity to renegotiate custodial arrangements or have the matter listed for a hearing. M. Mother and Father understand that it may be necessary to alter from time to time some of the custody arrangements set forth in this agreement in order to accommodate changing circumstances in the best interests of the children. Husband and Wife may alter the custody arrangements upon mutual agreement. 18. Child Support. Husband and Wife shall provide support for their children by sharing expenses. A. Husband and Wife shall share expenses for clothing, extra curricular activities and sports, school lunches, allowances and spending money ,'child care and medical expenses (including dental, vision, medicine and prescriptions which are not covered by insurance). - 11 - B. These expenses shall be allocated between Husband and Wife in proportion to their respective net incomes. The net income for each parent shall be determined pursuant to the support guidelines that are set forth in Pennsylvania Rules of Civil Procedure (Pa.R.C.P.). C. On or about February 1 of each year, Husband and Wife shall exchange income information (payroll stubs, W-2 and 1099 forms and other relevant information) and shall determine each parent's share of the children's expenses. This may be done more frequently if there has been a material change in either parent's income. Each parent shall advise the other of any change in income. The parties have determined that the current pro rata share of each parent for the expenses of the children is 60% for Husband and 40% for Wife. D. The obligation of Husband and Wife to pay expenses for either child shall continue for only so long as the child is unemancipated and under the age of 18 years; provided, however, that payment of expenses shall continue for a child who is over the age of 18 years but under 19 years until the child graduates from high school if the child maintains enrollment in high school. The' obligation of either parent to pay expenses for either child under this agreement shall terminate upon the death of the child, death of either parent, emancipation of the child, the child reaching 18 years of age - 12 - if the child has graduated from high school or the child's graduation from high after reaching the age of 18 years. E. This agreement shall not prohibit either party from filing an action for support but in such event the terms of this provision of the agreement for sharing of expenses for the children shall terminate upon the effective date of the entry of a support order. 19. Dependency Exemption. Husband and Wife shall each be entitled to claim one child on his or her federal income tax returns for the year 2005 and for future years. At such time as only one child can be claimed as a dependent for tax purposes, Husband and Wife shall claim that child in alternating years. Beginning in the year 2005, Husband shall claim Joshua as a dependant and Wife shall claim Noah as a dependent. The terms of this paragraph shall remain in effect for only so long as the parties are providing support for the children through the expense sharing arrangement set forth in this agreement. 20. Medical Insurance. Wife shall maintain the medical insurance coverage (includes dental and vision) for the children through the medical insurance provided by her employer which is the Commonwealth of Pennsylvania. At this time the Commonwealth does not require Wife to pay any portion of the insurance premiums. In the event Wife should be required to pay any portion of the medical insurance premium, Husband shall reimburse Wife for a portion of the - 13 - insurance premium cost based on the allocation of his pro rata share of the parties' net income. The obligation of Wife to provide the medical insurance coverage for the children shall continue for only so long as the parties are providing support for the children through expense sharing arrangement set forth in this agreement. 21. Divorce. The parties agree that the marriage is irretrievably broken and agree to execute all necessary affidavits and consents required by the court for the entry of a mutual consent divorce. Each party shall execute an Affidavit of Consent and Waiver of Counseling and a Waiver of Notice of Intention to Request Entry of Divorce Decree pursuant to the Divorce Code, 23 Pa. C.S.A. Section 3301 (c) . At the request of either party, this agreement shall be incorporated into but not merged with the divorce decree. 22. Additional Documents. Husband and Wife mutually agree to execute such documents as may be necessary and expedient to carry out and fully implement the terms of this agreement. 23. Disclaimer/Voluntary Execution. Both Husband and Wife acknowledge that they are fully aware of the assets and income of each other and that they both enter into this agreement fully understanding their respective rights and responsibilities. Each party has been fully informed as to his or her legal rights and obligations and acknowledges that he or she enters into the agreement freely and voluntarily without any duress or undue influence. Each party has had the opportunity to receive - 14 - independent legal advice and each party acknowledges that this agreement is fair and equitable under the circumstances. 24. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall . have no effect whatsoever in determining the rights or obligations of the parties. 25. Binding Effect. This agreement shall be binding upon and shall inure to the benefit of the parties' heirs, personal representatives and assigns. 26. Waiver. Either party's failure or delay at any time to require strict performance by the other party of any of the provisions of the agreement shall not be construed as a waiver, release or relinquishment of his or her rights hereunder. 27. Effect of Reconciliation or Reconciliation Attempt. This agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This agreement shall continue in full force and effect and 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. 28. Breach. In the event that either party breaches this agreement or defaults in the performance of any duties or obligations required by the terms of this agreement, and it is necessary for a party to file an action to enforce the agreement - 15 - after having first given the other party notice of and a reasonable opportuni ty to correct the default, the party found to be in defaul t shall be liable for all expenses, including reasonable attorneys' fees, incurred as a result of such action. The terms of this paragraph shall not apply to paragraph 17 (custody) and paragraph 18 (support) of this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: " .k~J''''~p;b-=/ /MdJ M~ MICHAEL MICCIO (SEAL) ~11~ , t.A~ ~~ CHRISTINE E. MIC IO (SEAL) - 16 -