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HomeMy WebLinkAbout05-1263COLLEEN F. VICCARO, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : CIVIL ACTION SEAN D. VICCARO, : NO. FMS- /-Z{.,3 Defendant : IN DIVORCE N O T I C E T O D E F E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 PA 17013 717-249-3166 COLLEEN F. VICCARO, Plaintiff VS. SEAN D. VICCARO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 COLLEEN F. VICCARO, Plaintiff VS. SEAN D. VICCARO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA . CIVIL ACTION NO. 05- / -463 . IN DIVORC CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Colleen F. Viccaro, a citizen of Pennsylvania, residing at 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Sean D. Viccaro, a citizen of Pennsylvania, residing at 125 Juniper Drive, Etters, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on May 18, 1991, in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Confirmation of Custody Under 3104 of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff is Colleen F. Viccaro, residing at 205 Bailey Strret, New Cumberland, Cumberland County, Pennsylvania. 15. Defendant is Sean D. Viccaro, residing at 125 Juniper Drive, Etters, Cumberland County, Pennsylvania. 16. Plaintiff seeks custody of the following childre: Sean R. Viccaro, 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania, Age: 12 yrs. Jessica E. Viccaro, 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania, Age: 9 yrs. 117. The children were not born out of wedlock. 18. The children are presently in the custody of Colleen F. Viccaro, who resides at 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania. 19. During the past five years, the children have resided with the following persons at the following addresses: Colleen F. Viccaro, Sean R. Viccaro Jessica E. Viccaro 205 Bailey Street New Cumberland, PA Date: Sept. 1, 2003 Sean D. Viccaro Colleen F. Viccaro, Sean R. Viccaro Jessica E. Viccaro 446 Clove Road Etters, PA Date: July 1996 - Aug. 31, 2003 20. The mother of the children is Colleen F. Viccaro who currently resides at 205 Bailey Street, New Cumberland, Cumberland County, Pennsylvania. 21. She is married to Defendant, Sean D. Viccaro. 22. The father of the children is Sean D. Viccaro, who currently resides at 125 Juniper Drive, Etters, Cumberland County, Pennsylvania. 23. He is married to Plainiff, Colleen F. Viccaro. 24, The relationship of Plaintiff to the children is that of natural mother. The Plaintiff currently resides with the children only. 25. The relationship of Defendant to the children is that of natural father. The Defendant currently resides with his mother. 26. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 27. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 28. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 29. The best interest and permanent welfare of the children will be served by granting the relief requested because Plaintiff is the nurturing parent and is better able to provide the children with a stable environment in which to grow up and become responsible, healthy adults. 30. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: none . 31. Defendant shall have the right to reasonable visitation with the children. WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody to Plaintiff and that Defendant be granted reasonable rights of visitation. Respectfully submitted, DISSINGER and DISSINGER Mary AJ Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Colleen Viccaro, verify that the statements made in the (Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification. Colleen F. Viccaro, Plaintiff COLLEEN F. VICCARO, Plaintiff VS. SEAN D. VICCARO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing Complaint in Divorce has been duly served upon Defendant, Sean D. Viccaro, by depositing same in the United States Mail, postage prepaid, addressed as follows: Sean D. Viccaro 125 Juniper Drive Etters, PA 17319 ?... Date: -.??'O ??S G%?Jw.., ??r ???.?-, r .?.d .,.? ., ,?-. Mary A. Etter Dissinger Attorney for Defendant TM1:i H ? VV. w? T- A?7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN F. VICCARO, Plaintiff, ) VS. ) No. 05-1263 SEAN D. VICCARO, ) CIVIL TERM Defendant. ) IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendant Sean D. Vicearo, in the above matter. rchael S. Travis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 Date: S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN F. VICCARO, Plaintiff, ) Vs. ) No. 05-1263 SEAN D. VICCARO, ) CIVIL TERM Defendant. ) IN DIVORCE CERTIFICATE OF SERVICE 1 certify that a true and correct copy of the foregoing documents was served on the below person(s) by first class U.S. Mail, postage prepaid: Mary A. Etter Dissinger Dissinger & Dissinger 28 N. 'I hirty-Second Street Camp Hill, PA 17011 Attorney at Law 3904 Trindle Road Camp Hill, PA 17011 ID No. 77399 717-731-9502 Date: ??..03 ' , ?: SJ' COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1263 CIVIL ACTION LAW SEAN D. VICCARO IN CUSTODY DI-TFNDANT ORDER OF COURT AND NOW, Wednesday, March 16, 2005 __ _, 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 DJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, April 22, 2005 _ at 9:00 AM 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, Esq. Custody Conciliator The Court of Common Pleas of Cumberland 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ? ? ? ?r?a?'' ? IL, ?? U f /J i?, ??y6,'I . SO ? ' ' r ?? Colleen F. Viccaro Plaintiff VS. Sean D. Viccaro Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANID COUNTY CIVIL ACTIC NO. 05-1263 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA . ss .. COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for P1 sworn according to law, says that she maile Certified Mail, Restricted Delivery, a true the Plaintiff's Complaint in Divorce in t Defendant at his residence, and that Defendant evidenced by the signed receipt dated March hereto as Exhibit "A". iintiff, being duly 3 by United States nd correct copy of its action to the did receive same as 12, 2005, attached Mary A. 2t er"Dissinger a Attorney t 'r Plaintiff Supreme Co rt ID 427736 28 North T irty-second Street Camp Hill, PA 17011 (717) 975- 840 Sworn to and subscribed before me this day of &A2,r-PA-\. , 2005. ?- /Notary Publi NOTARIAL SEAL LEIGH ANN SNYDER, Not_M Ptiic MerpW19 Borg, Perry County 1WCWTfM!'3S1MExpkn F ey 16.2098 ¦ Complete items 1, 2, and 3. Also Complete signature item 4'lf Restricted Delivery Is desired. / Agent a Print your name and address on the reverse ? Addressee that We can return the card to you. eived by (PH red Name) " 1 C. Da a of Deiivery ¦ . rich this card to the back of the mallplece, ! CCU t! 12 b r on the front if space permits ? ? - V . . i 7 Yes 0. Is delivery address different trom t 1 1. icle Addressed to: If YES, enter delivery address belo : ? No ELIILCAI? 3. Service Type tU'Certffietl Mail ? Express Mall / G -7 3 13 Registered ? Return Reca t for Merchandise f J { ! ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7 <7 / (transfer from space label) % 6 b,, )- 6 TT -, 6 6660 .5 1 Li ?l 'J t _ Ps Form 3811, February 2004 Domestic Return Receipt tdzsse-o2-rn-+sao EXHIBIT "A" O ?1 1 7' N ?a J Up i IN TM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COLLEEN F. VICCARO, ) 'Plaintiff, ) VS. ) No. 45-1263 SEAN D. VICCARO, ) CIVIL TERM Defendant ) IN DIVORCE Stipulation re; Wife's McDonald's Pension/Retirement Finds I . PlaiatM Colleen Viecaro, has a PensionlRetiremew account with the McDonald's corporation. The account contains certain benefits and dividends. 2. Plaintiff and Defendant, Sean D. Viccaro, ague that the fltnds shell remain with the company's retirement plan, or may be rolled into an Individual Retrremeat Account Plaintiff will not make a withdrawal or otherwise disburse those funds without written agreement of the parties. 3. Plaintiff will provide Defendant notice within ten days of receipt, regarding any options made available by the company regarding the retirement finds. 4. The parties agree that this Stipulation shall carry the same effect as an Order of Court. Colleen F. Viccaro, Plaintiff Se . Vi Defendant Mary A Etter Dissiager, Esquire rs 3. ravis, Esquire ( j <: ? Cl T t i N RECEIVED APR 282005 ? N COLLEEN F. VICCARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1263 CIVIL TERM V. CIVIL ACTION - LAW D. VICCARO, Defendant IN CUSTODY ORDER OF COURT AND NOW, this ZI day of 2005, upon consideration the attached Custody Conciliation Summary Repo , it is hereby ordered and directed as 1. Legal Custody. The parents, Colleen F. Viccaro and Sean D. Viccaro, shall have shared legal custody of the minor children, Sean R. Viccaro, born January 19, 1993, aid Jessica E. Viccaro, born December 24, 1996. Each parent shall have an equal right, to b exercised jointly with the other parent, to make all major non-emergency decisions a ecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children i cluding, but not limited to, medical, dental, religious or school records, the residence a dress of the children and of the other parent. To the extent one parent has possession of a y such records or information, that parent shall be required to share the same, or copies t ereof, with the other parent within such reasonable time as to make the records and in formation of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given t them as parents including, but not limited to: medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pi tures, extracurricular activities, children's parties, musical presentations, back-to-school ni ht, and the like. 2. Physical Custody. The parties will share physical custody on a two (2) week al ernating basis which shall be arranged as follows: A. Commencing April 22, 2005, the parties will have alternating weekends from Friday after work until Monday when the children are returned to school or daycare with Father having the first custodial weekend. u? -r _ S. fit. `? ? -!J! L>? C> CJ c-+ NO. 05-1263 CIVIL TERM B. With regard to the weekday schedule during Week One, commencing April 25, 2005, Mother will have custody commencing on Monday after school and continuing until Wednesday morning and Father will have custody from Wednesday after school and continue until Friday morning. C. During Week Two, commencing on May 2, 2005, Father will have custody commencing on Monday after school and continuing until Wednesday morning and Mother will have custody from Wednesday after school and continue until Friday morning. 3. The parties' son, Sean, shall continue in counseling with Michael Phillips at nsylvania Counseling Services. The parties will participate with the child's therapist n request. 4. Father will sign a consent for his therapist to release information to Mother ch scope shall be limited to verification of his attendance at appointments and ification of the completion of any assessment and/or treatment services provided by said rapist. 5. The children shall not be exposed to persons consuming alcohol. Alcohol will kept under lock and key during any period of custody. 6. Holidays. The parties will share custody for the holidays by their mutual ment. 7. In the event either party is unavailable to provide care for the children during hi or her period of custody for a period of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide c re for the children before contacting third-party caregivers. Di A. Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 ,el S. Travis, Esquire, 3904 Trindle Road, Camp Hill, PA 17011 a-?h o5_ RECEIVED APR 281005r COLLEEN F. VICCARO, Plaintiff V. SEAN D. VICCARO, Defendant NO. 05-1263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1 15.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this m is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Sean R. Viccaro January 19, 1993 Mother and Father Jessica E. Viccaro December 24, 1996 Mother and Father 2. Mother filed a Consolidated Complaint in Divorce on March 10, 2005 with a int for Custody. A Custody Conciliation Conference was held on April 22, 2005. Present the conference were: the Mother, Colleen F. Viccaro, and her counsel, Mary A. Etter singer, Esquire; the Father, Sean D. Viccaro, and his counsel, Michael S. Travis, 3. The parties reached an agreement on all issues with exception of the time iod to which the first right of refusal paragraph would apply. Mother's position was to uest it applied to periods of time of three hours (3) hours or more during which Father ild be absent. Father asked that the provision apply to periods of five (5) hours or more. insel for the parties requested that the Conciliator make a recommendation to the Court this provision. Therefore, the Order attached reflects largely the agreement of the ties. However, the period of time to which the first right of refusal paragraph applies is Custody Conciliator's recommendation to the Courr._---.- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Melissa Peel Greevy, Esquire Custody Conciliator :24349 AGREEMENT AGREEMENT made this 7' - day of -p 1/ P 2006, by and en Sean D. Viccaro ("Husband"), of Etters, York County, ylvania and Colleen Viccaro ("Wife") of New Cumberland, rland County, Pennsylvania. WHEREAS, the parties hereto are Husband and Wife, having been ried on the 18th day of May in 1991. There was born two (2) ldren of this marriage, said children being: Sean R. Viccaro, 13 years, and Jessica E. Viccaro, age 10 years. The parties e no other issue, living or deceased, and have no adopted ildren. WHEREAS, diverse unhappy differences, disputes and ifficulties have arisen between the parties and as a result they ave lived separate and apart since approximately September 1, 003. A proceeding for the divorce of the parties has been filed y Plaintiff Wife in the Court of Common Pleas of Cumberland ounty on March 10, 2005, No. 05-1263-Civil. It is the intention f Wife and Husband to live separate and apart for the rest of heir natural lives, and the parties hereto are desirous of ettling fully and finally their respective financial and property ights and obligations as between each other including without imitation by specification: the settling of all matters between hem relating to the ownership and equitable distribution of real nd personal property; the settling of all matters between them elating to the past, present and future support, alimony pendente ite, alimony and/or maintenance of Wife by Husband and of Husband v Wife. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS Plaintiff/Wife filed a mutual consent, no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code of the Commonwealth of Pennsylvania, and this Agreement is contingent upon Plaintiff/Wife proceeding with said divorce, and Husband signing his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree thereto upon the execution of this Agreement. Said Affidavit and Waiver shall be transmitted to counsel for Wife within five (5) days of execution of this Agreement, via Wife's counsel will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided erein, this Agreement shall continue in full force and effect fter such time as a final decree in divorce may be entered with espect to the parties. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of ivorce of the parties hereto for purposes of enforcement only, ut otherwise shall not be merged into said decree. The parties -2- 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. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement hall be defined as the date upon which it is executed by the arties if they have each executed the Agreement on the same date. therwise, the "date of execution" or "execution date" of this greement shall be defined as the date of execution by the party sst executing this Agreement. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for erein shall only take place on the "execution date," or as soon hereafter as predicted. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial --curacy of the financial disclosure of the other. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have en fully explained to the parties by their respective counsel, ry A. Etter Dissinger, Esquire, attorney for Wife, and Michael Travis, Esquire, attorney for Husband. The parties acknowledge at they have received independent legal advice from counsel of eir selection and that they fully understand the facts and have -3- been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seq., 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 arital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, ach party still desires to execute this Agreement, acknowledging hat the terms and conditions set forth herein are fair, just and quitable to each of the parties, and waives his or her respective fight to have the Court of Common Pleas of Cumberland County, or ny other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, limony, alimony pendente lite, equitable distribution of all arital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. -4- 8. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife, except to the extent specifically set forth otherwise in this Agreement. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of each other, except to the extent specifically set forth otherwise in this Agreement. The parties will specifically divide certain personal roperty as follows: a. Wife shall withdraw her Twin Arches retirement fund after the taxes have been withheld, she shall pay Husband the sum of $16,000.00. If there is any additional tax liability as a result of liquidation of those funds, Wife shall bear the full expense. b. The homeowner's insurance refund check has been satisfactorily divided between the parties. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore red or contracted any debt or liability or obligation for -5- which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each presents and warrants to the other that he or she has not in the st or will not at any time in the future incur or contract any bt, charge or liability for which the other's legal presentatives, property or estate may be responsible. Each reby agrees to indemnify, save and hold the other and his or her operty harmless from any liability, loss, cost or expense atsoever incurred in the event of breach hereof. Ll. PAYMENT OF SPECIFIED OBLIGATIONS During the course of the marriage, Wife and Husband have _ncurred certain bills and obligations and have amassed a variety >f debts, and it is hereby agreed, without the necessity of 5tscertaining for what purpose and to whose use each of the bills sere incurred, that Husband shall be solely responsible for all Dills, obligations and debts as set forth in Schedule A, attached iereto and made a part hereof. Except for any debt or obligation >f either party to the other under this Agreement, each party agrees to pay and hold the other harmless from all personal debts end obligations incurred by him or her from the date hereof. Wife :hall be solely responsible for all other bills, obligations and -6- debts not listed on Schedule B. Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills and which, pursuant to the terms herein, are not the responsibility of the other party. In addition, 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. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable for any other debt, obligation, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any such claim or demands whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages resulting therefrom. 12. PROPERTY RELEASE It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed which the other now owns or may ereafter acquire, except and only except all rights and greements and obligations of whatsoever nature arising or which y arise under this Agreement or for the breach of any provision f this Agreement. All property hereunder is transferred subject o all existing encumbrances and liens thereon. The transferee of uch property agrees to indemnify and save harmless the other arty from any claim or liability that such other party may suffer r may be required to pay on account of such encumbrances or fens. Such party will, at his or her sole expense, defend the -7- other against any such claim, whether or not well founded, and he or she will indemnify and hold harmless the other party in respect to all damages resulting therefrom. The insurance on the property being transferred hereunder is assigned to the party receiving such property, and the premiums on such insurance shall be paid by the party to whom the insurance is assigned. By this Agreement the parties have intended to effect an equitable distribution of their assets. The parties have determined that the division of said property conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code taking into consideration the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or ther benefits; the contributions or dissipation of each party in he acquisition, preservation, depreciation or appreciation of the arital property, including the contribution of each spouse as omemaker; the value of the property set apart to each party; the tandard of living of the parties established during the marriage; nd the economic circumstances of each party at the time the ivision of property is to become effective. The division of xisting marital property is not intended by the parties to onstitute in any way a sale or exchange of assets, and the ivision is being effected without the introduction of outside unds or other property not constituting a part of the matrimonial -8- estate. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 13. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, hether arising under the laws of Pennsylvania, any other state, ommonwealth or territory of the United States, or any other ountry, or any rights which either party may have or at any time ereafter have for past, present or future support or maintenance, limony, alimony pendente lite, counsel fees, equitable istribution, costs or expenses, whether arising as a result of he marital relation or otherwise, except, and only except, all fights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. -9- L4. PERSONAL RIGHTS wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, :)y the other in all respects as fully as if he or she were inmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, 7onduct, carry on and engage in any business, occupation, ?rofession or employment which to him or her may seem advisable. Vife and Husband shall not molest, harass, or malign each other or =he respective families of each other, nor compel or attempt to =ompel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other Erom all claims, liabilities, debts, obligations, actions and -auses of action of every kind that have been or will be incurred -elating to or arising from the marriage between the parties, axcept that neither party is relieved or discharged from any )bligation under this Agreement. Neither party will interfere with :he use, ownership, enjoyment or disposition of any property now )weed by or hereafter acquired by the other. 5. GENERAL PROVISIONS This Agreement shall be effective from and after the time of is execution, however, the transfer of the property provided for erein shall only take place upon the entry of a final decree in ivorce. The support provisions of this Agreement shall take ffect immediately upon execution. -10- 16. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 17. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other arty any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or hing that may be necessary or desirable to effectuate the rovisions and purposes of this Agreement. If either party nreasonably fails on demand to comply with these provisions, that arty shall pay to the other party all attorney's fees, costs, and ther expenses reasonably incurred as a result of such failure. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be nstrued and enforced in accordance with the laws of the mmonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the nefit of the parties hereto and their respective heirs, -11- executors, administrators, legal representatives, assigns and successors in any interest of the parties. 20. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 21. ENTIRE Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in eliance upon his or her own attorney; and that this instrument xpresses the entire agreement between the parties concerning the jects it purports to cover. INCORPORATION OF SCHEDULES All Schedules and other instruments referred to in this reement are incorporated into this Agreement as completely as if ey were copied verbatim in the body of it. 3. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, nd within ten (10) days after demand therefore, execute any and 11 written instruments, assignments, releases, satisfactions, eeds, notes or such other writings as may be necessary or esirable for the proper effectuation of this Agreement. -12- 24. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 5. SEVERABILITY The parties agree that each separate obligation contained in his Agreement shall be deemed to be a separate and independent ovenant and agreement. If any term, condition, clause or rovision of this Agreement shall be determined or declared to be oid, unenforceable or invalid in law or otherwise, then only that erm, condition, clause or provision shall be stricken from this greement and in all other respects this Agreement shall be valid nd continue in full force, effect and operation. Likewise, the ailure of any party to meet her or his obligations under any one r more of the paragraphs herein, with the exception of the atisfaction of the conditions precedent, shall in no way void or lter the remaining obligations of the parties. 6. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and ubparagraphs hereof are inserted solely for the convenience of eference and shall not constitute a part of this Agreement nor hall they affect its meaning, construction or effect. -13- EXECUTED in triplicate on he day and year first above (written. Colleen Viccaro r n D. Viccaro th of Pennsylvania ss County of Cumberland On this, the day of u1Ui?o 2006, before me the undersigned officer, personally appeared Colleen Viccaro, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. seal. IN WITNESS WHEREOF, I have here unto N07ARIA, ,rte, ANNETfE PERK*X NWary Pubec l Yr Conrnwon 60M ar r1.4 th of Pennsylvania ss ty of Cumberland set my hand and notarial Aotary Publi//?! On this, the day of +LlLlr- , 2006, before me the signed officer, personally appeared Sean D. Viccaro, known to (or satisfactorily proven) to be the person whose name is Scribed to the within instrument, and acknowledged that he -uted the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial eal.?? _ tar P b) NoTAi7iA1 SEAT ANNETM MKMR *ftv rum -14- CMMfNLL MAMMANDOOIMb MP cc?& w ?. =OOi SCHEDULE "A" Husband's obligations ler's Bank iti Bank iti Financial cov's (card solely in Husband's name) C Penny's al Mart ears -15- SCHEDULE "B" Wife's obligations cov's (card solely in Wife's name) Hut -16- lleen F. Viccaro Plaintiff VS. Sean D. Viccaro Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 05-1263 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A Complain i divorce under § 3301(c) o the Divorce Code filed on 0 AS and served on The marriage of Plaintiff and Defendant is irretrievably en and ninety (90) days have elapsed from the date of filing service of the Complaint. I consent to the entry of a final decree in divorce without I understand that I may lose rights concerning alimony, mony pendente lite, marital property, division of property or yer fees and expenses if I do not claim them before a divorce granted. I understand that I will not be divorced until a Divorce !ree is entered by the Court and that a copy of the Decree will sent to me immediately after it is filed with the Prothonotary. Plaintiff's and Defendant's Waiver of Notice in §3301(c) vorce are being filed with the Prothonotary as a part of their spective consent documents. I verify that the statements made in this affidavit are true correct. I understand that false statements herein are made ect to the penalties of 18 Pa. C.S. §4904 relating to unsworn ification to authorities. Colleen Viccaro Colleen F. Viccaro Plaintiff VS. Sean D. Viccaro Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 05-1263 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE A Complaint in divorce under § 3301(c) of the Divorce Code as filed on JjlP7-OS-- and served on _,?/!a/oS The marriage of Plaintiff and Defendant is irretrievably en and ninety (90) days have elapsed from the date of filing service of the Complaint. I consent to the entry of a final decree in divorce without tice. I understand that I may lose rights concerning alimony, imony pendente lite, marital property, division of property or wyer fees and expenses if I do not claim them before a divorce granted. I understand that I will not be divorced until a Divorce cree is entered by the Court and that a copy of the Decree will sent to me immediately after it is filed with the Prothonotary. Plaintiff's and Defendant's Waiver of Notice in §3301(c) vorce are being filed with the Prothonotary as a part of their spective consent documents. I verify that the statements made in this affidavit are true correct. I understand that false statements herein are made ject to the penalties of 18 Pa. C.S. §4904 relating to unsworn sification to authorities. e: C1?4 0<o G -? - D. Viccaro `„ C) ?? .? r vi c? - _? ` ?__. `- = . _ =? ?; S en F. Viccaro Plaintiff VS. Sean D. Viccaro Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA . CIVIL ACTION . NO. 05-1263 IN DIVORCE PRAECIPE TO TRANSKIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2 Date and manner of service of the Complaint: 6$' by United States Certified Mail, Restricted i 3. Date of execution of the Affidavit of Consent required § 3301(c) of the Divorce Code: By Plaintiff June 9, 2006; by fendant June 9. 2006. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce led with the Prothonotary: 048/010 Date Defendant's Waiver of Notice in § 3301(c) filed with the Prothonotary: Ifqk? ro Respectfully submitted, M?Lll te: l (Wd(? Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 717-975-2840 Michael Travis, Esquire ?., r, =? ?: ' _ ? .? ?.: - `? . '_. fSl T. ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ink STATE OF PENNA. COLLEEN VICCARO NO. 05 1263 VERSUS SEAN D. VICCARO DECREE IN DIVORCE AND NOW,. T,.?Ia., L 7 bD h , , IT IS ORDERED AND DECREED THAT COLLEEN VICCARO PLAINTIFF, AND SEAN D. VICCARO 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; The Marriage Settlement Agreement of the parties dated June 2006 is herebv incorporated but not merged BY THE COURT: ATT-E{ST: .(--,. PROTHONOTARY i. ?? ? ???? ??v ? ?Q ?? ' L c r V 1 COLLEEN F. VICCARO, Plaintiff VS. SEAN D. VICCARO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1263 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY PETITION OF COLLEEN F. VICCARO TO FIND SEAN D. VICCARO IN CONTEMPT AND TO MODIFY CUSTODY 1. Petitioner, Colleen F. Viccaro ("Mother"), is an adult individual who currently resides at 640 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Respondent, Sean D. Viccaro ("Father"), is an adult individual who currently resides at 330 Juniper Drive, Etters, York County, Pennsylvania 17319. 3. The parties are the parents and natural guardians of two minor children, Sean R. Viccaro (D.O.B. 1/19/93) and Jessica E. Viccaro (D.O.B. 2/24/96). 4. On May 5, 2005, this Honorable Court issued a custody Order regarding the minor children. A true and correct copy of the Order is attached hereto and incorporated herein by reference as Exhibit "A". 5. Paragraph 5 of the Order provides that "The children shall not be exposed to persons consuming alcohol. Alcohol will be kept under lock and key during any period of custody." 6. Father has repeatedly violated the prohibition of alcohol by consuming alcoholic beverages to excess during his periods of custody. Mother has been called on several occasions to Father's place of residence in order to pick up the children because he has been passed out. 7. Father's consumption of alcohol is adversely impacting the welfare of the children. 8. Father should be found in contempt due to the violation of the May 2, 2005 Order of Court. 9. The May 2, 2005 Order of Court should be modified to provide Mother with primary physical custody and to permit Father limited contact with the children until he obtains treatment for his alcohol addiction. WHEREFORE, Colleen F. Viccaro, urges this Honorable Court to find Sean D. Viccaro in contempt and modify the prior custodial Order to grant Mother primary physical custody. Respectfully submitted, NEALON & By Date: !dto to--:7 c c R, P. C. James G. Nealon, III, Esquire Attorney I.D. 46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 RECEIVED APR 2 8 2005 COLLEEN F. VICCARO, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-1263 CIVIL TERM V. CIVIL ACTION -- LAW SEAN D. VICCARO, Defendant IN CUSTODY ORDER OF COURT AND NOW, this )-nCL day of 2005, .upon consideration of the attached Custody Conciliation Summary R ort, it is hereby ordered and directed as follows: 1. Legal Custody. The parents, Colleen F. Viccaro and Sean D. Viccaro, shall have shared legal custody of the minor children, Sean R. Viccaro, born January 19, 1993, and Jessica E. Viccaro, born December'24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting . the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other, parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to: medical records, birth certificates, :school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The parties will share physical custody on a two (2) week alternating basis which shall be arranged as follows: A. Commencing April 22, 2005, the parties will have alternating weekends from Friday after work until Monday when the children are returned to school or daycare with Father having the first custodial weekend. NO, NO. 05-1263 CIVIL TERM B. With regard to the weekday schedule during Week One, commencing April 25, 2005, Mother will have custody commencing on Monday after school and continuing until Wednesday morning and Father will have custody from Wednesday after school and continue until Friday morning. C. During Week Two, commencing on May 2, 2005, Father will have custody commencing on Monday after school and continuing until Wednesday morning and Mother will have custody from Wednesday after school and continue until Friday morning. 3. The parties' son, Sean, shall continue in counseling with Michael Phillips at Pennsylvania Counseling Services. The parties will participate with the child's therapist upon request. 4. Father will sign a consent for his therapist to release information to Mother which scope shall be limited to verification of his attendance at appointments and verification of the completion of any assessment and/or treatment services provided by said therapist. 5. The children shall not be exposed to persons consuming alcohol. Alcohol will be kept under lock and key during any period of custody. 6. Holidays. The parties will share custody for the holidays by their mutual agreement. 7. In the event either party is unavailable to provide care for the children during his or her period of custody for a period of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. BY THE COURT: 151 ?. J. Dist: Mary A. Etter Dissinger, Esquire, 28 N. 32nd Street, Camp Hill, PA 17011 Michael S. Travis, Esquire, 3904 Trindle Road, Camp Hill, PA 17011 In Tesi.x: - of, I jnto sit my ha and the L -a; i, Court a ?ariisle, Pa. T ........ .q... r,... .. ... Pr hnnntarv VERIFICATION I, COLLEEN F. VICCARO, verify that the statements made in the foregoing PETITION OF COLLEEN F. VICCARO TO FIND SEAN D. VICCARO IN CONTEMPT AND TO MODIFY CUSTODY 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 unsworn falsification to authorities. 7 Date: COLLEEN F. VICCARO ?? ? ?`??' Vii-; , V` _ C3?' ' r.?.?? `. ? . .J _ y~: Y i 'y I ?? s ?' ?? (?1?\ i._? / w" ? ?s _ T ? COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-1263 CIVIL ACTION LAW SEAN D. VICCARO IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, May 22, 2007 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, June 20, 2007 _ at 11:30 AM 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/ Dawn S. Sunday, Esq. ,/?/?'J Custody Conciliator The Court of Common Pleas of Cumberland 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4rw,?? i-tv P)Vft?* I,fW24 fir ?2 fi'r' ?q er-7,rw -40 -Pp e-Q- E-e ". Nil' ??? 1 C2 HE -Hi -10 JUL 232007,,a' COLLEEN F. VICCARO Plaintiff VS. SEAN D. VICCARO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1263 CIVIL ACTION LAW IN CUSTODY gj?RER OF OURT A-,IP-,,,, f?ls 2.'-l1? ,? ,..-- -1 , 1a, 1. The prior Order of this Court dated May 2, 2005 is modified by this Order. 2. The Mother shall make arrangements for the parties' son, Sean, to participate in counseling for an intensified period of two weeks with his current counselor, Michael Phillips, to specifically address issues with regard to the custodial situation. The purpose of the counseling shall be to obtain guidance from the counselor, in letter form if possible, assessing the Child's emotional readiness to resume the custody schedule with the Father pursuant to the May 2, 2005 Order. The parties agree to follow the recommendations of the Child's counselor with regard to resuming the fully shared schedule. 3. During the two week period in which the counselor is working with the Child for this purpose, the custody schedule for the Father under the May 2, 2005 Order shall be suspended, and, instead, the Father shall have custody of Sean on Sundays and Mondays from 10:00 a.m. until 6:00 p.m. on each day. The Father may have additional periods of custody with the Child as long as the Child's paternal aunt is present. 4. Counsel for either party may contact the conciliator to request an additional conference to address any guidance or recommendations provided by Sean's counselors. 5. In the event it is determined that the Father consumes alcohol during a custodial period with Sean, the parties agree that the Father's custodial rights shall be suspended pending further proceedings to be scheduled by the conciliator at the request of counsel for either party. 6. In the event the York County Children and Youth proceedings concerning Jessica are concluded favorably to the Father, and such contact between the Father and Jessica is not prohibited, the parties agree that the Father shall have supervised periods of custody with Jessica as arranged by agreement between the parties. C, ;w [I'll #1z YI T LQol Rai i a -;i 10 ?I i! 7. The parties agree that Jessica shall be enrolled in the Lemoyne Middle School beginning in the 2007-2008 school year. BY THE COURT, cc: es G. Nealon III, Esquire, Counsel for Mother ?hael S. Travis, Esquire, Counsel for Father COLLEEN F. VICCARO Plaintiff VS. SEAN D. VICCARO Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1263 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean ("Robbie") R. Viccaro January 19, 1993 Mother/ Father Jessica E. Viccaro February 24, 1996 Mother 2. A conciliation conference was held on July 18, 2007 with the following individuals in attendance: The Mother, Colleen F. Viccaro, with her counsel, James G. Nealon III, Esquire, and the Father, Sean D. Viccaro, with his counsel, Michael S. Travis, Esquire. 3. This Court previously entered an Order on this matter on May 2, 2005 under which the parties had shared physical custody of the Children on a split weekly basis. In related proceedings initiated by Children and Youth Services the York County Court of Common Pleas entered an Order on July 5, 2007 prohibiting the Father from having any contact with Jessica pending a hearing, except under the supervision of Children and Youth Services. The York County Court declined to restrict or modify the Father's custodial schedule with the parties' son, Sean. Prior to initiation of the York County proceedings, the Mother filed this Petition for Contempt and Modification. 4. The parties agreed to entry of an Order in the form as attached resolving the Contempt Petition. Date Dawn S. Sunday, Esquire Custody Conciliator COLLEEN F. VICCARO, PlaintifVRespondent, VS. SEAN D. VICCARO, Petitioner/Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1263 CIVIL ACTION LAW IN CUSTODY } PETITION FOR MODIFICATION OF A PARTIAL CUSTODY OR VISITATION ORDER OF SEAN R. VICCARO 1. The petition of Sean D. Viccaro, Father, respectfully represents that on July 24, 2007, and Order of Court was entered for partial custody / visitation, a copy of which is attached. 2. This Order should be modified because: substantial changes have occurred since the entry of the July 24, 2007 Order. Sean R. Viccaro is emotionally ready to resume a regular custody schedule with his father. The Child and Father desire that the Father should be the primary physical custodian of Sean R. Viccaro. WHEREFORE, Petitioner requests that the Court the existing Order for partial custody/visitation because it will be in the best inte of R. Viccaro. s i el ravis ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@rntravislaw.com Attorney for Petitioner/Father Date: /) / r 1q COLLEEN F. VICCARO, Plaintiff/Respondent, VS. SEAN D. VICCARO, Petitioner/Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ) No. 05-1263 CIVIL ACTION LAW IN CUSTODY VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. ?j Gam'` /-7- 07 Date Sean Viccaro, Father t' COLLEEN F. VICCARO Plaintiff vs. SEAN D. VICCARO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-1263 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT A Nb too GJ, 4*?s M4 a/ 0 , 2067 1. The prior Order of this Court dated May 2, 2005 is modified by this Order. 2. The Mother shall make arrangements for the parties' son, Sean, to participate in counseling for an intensified period of two weeks with his current counselor, Michael Phillips, to specifically address issues with regard to the custodial situation. The purpose of the counseling shall be to obtain guidance from the counselor, in letter form if possible, assessing the Child's emotional readiness to resume the custody schedule with the Father pursuant to the May 2, 2005 Order. The parties agree to follow the recommendations of the Child's counselor with regard to resuming the fully shared schedule. 3. During the two week period in which the counselor is working with the Child for this purpose, the custody schedule for the Father under the May 2, 2005 Order shall be suspended, and, instead, the Father shall have custody of Sean on Sundays and Mondays from 10:00 a.m. until 6:00 p.m. on each day. The Father may have additional periods of custody with the Child as long as the Child's paternal aunt is present. 4. Counsel for either party may contact the conciliator to request an additional conference to address any guidance or recommendations provided by Sean's counselors. 5. In the event it is determined that the Father consumes alcohol during a custodial period with Sean, the parties agree that the Father's custodial rights shall be suspended pending further proceedings to be scheduled by the conciliator at the request of counsel for either party. 6. In the event the York County Children and Youth proceedings concerning Jessica are concluded favorably to the Father, and such contact between the Father and Jessica is not prohibited, the parties agree that the Father shall have supervised periods of custody with Jessica as arranged by agreement between the parties. a '. 7. The parties agree that Jessica shall be enrolled in the Lemoyne Middle School beginning in the 2007-2008 school year. cc: .lames G. Nealon III, Esquire, Counsel for Mother Michael S. Travis, Esquire, Counsel for Father BY THE COURT, J. Wesley Oler, a <a! :u L? aI - COLLEEN F. VICCARO, PlaintifVRespondent, VS. SEAN D. VICCARO, Petitioner/Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1263 CIVIL ACTION LAW IN CUSTODY CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing document was served on the below persons by first class U.S. Mail, postage prepaid: James G. Nealon, III, Esquire Nealon, Gover & Perry 101 S. Duke Street York, PA 17403 Colleen Viccaro 640 Bosler Avenue Lemoyne, PA 17043 Date: f,411161 Camp Hill, PA 17011 717-731-9502 3904 Trindle Road 44 ?a f, p -LI 1} W COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SEAN D. VICCARO DEFENDANT 2005-1263 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, December 26, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, January 24, 2008 at 12:00 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. 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 bearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es . Custody Conciliator The Court of Common Pleas of Cumberland 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 i -Y"> ?Cwo lqlxrn aid? ' 0 4 „ °` .., V ,y. (r - ti ?? . LZ 33? LDtl MAR t a zooey/ 1 COLLEEN F. VICCARO IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-1263 CIVIL ACTION LAW SEAN D. VICCARO Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of y LL , 2008, upon , vu consideration of the attached Custody onciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Court Room No. / o the Cumberland County Court House on the -,&& day of , 2008 at which time testimony will be taken. For purposes of the hearing, the Father, Sean D. Viccaro, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the parties shall share having physical custody of'Sean R. Viccaro "Robbie" on the following bi-weekly schedule: A. During Week I, the Father shall have custody of the Child from Friday after school through Monday before school, the Mother shall have custody from Monday after school through Wednesday before school, and the Father shall have custody from Wednesday after school through Friday before school. B. During Week II, the Mother shall have custody of the Child from Friday after school through Monday before school, the Father shall have custody from Monday after school through Wednesday before school, and the Mother shall have custody from Wednesday after school through Friday before school. C. Unless otherwise agreed between the parties, the parent returning the Child to school on his or her last day of custody shall be responsible to make any necessary arrangements for the Child's care during the school day, when necessary. cx - ?}^ .icV• ( } N 3. The Mother shall have primary physical custody of Jessica and the Father shall have partial physical custody at such time as the parties agree that it is in the Child's best interests. The parties shall cooperate in making arrangements for therapeutic family counseling with the goal of reestablishing the Father-Daughter relationship. cc: Ah es G . Nealon, III, Esquire - Counsel for Mother ael S. Travis, Esquire - Counsel for Father 4 BY THE COURT, COLLEEN F. VICCARO Plaintiff VS. SEAN D. VICCARO Defendant Prior Judge: J. Wesley Oler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-1263 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Sean R. Viccaro (Robbie) January 19, 1993 Mother/Father Jessica E. Viccaro February 24, 1996 Mother 2. A custody conciliation conference was initially held on February 26, 2008, with the following individuals in attendance: the Mother, Colleen F. Viccaro, with her counsel, James G. Nealon, III, Esquire, and the Father, Sean D. Viccaro, with his counsel, Michael S. Travis, Esquire. The conciliation conference was scheduled on the Father's Petition for Modification in which the Father requested primary physical of the parties' Son, Robbie. It was determined at the conference that a trial was scheduled for mid-March following a Children and Youth Services abuse investigation concerning the parties' daughter. It was agreed at the conference to reschedule conciliation following the outcome of the trial. Accordingly, the conciliation conference reconvened on March 17, 2008 with the same individuals in attendance. 3. It was confirmed at the conference that the Father had been found not guilty of all charges and the matter through Children and Youth Services is closed. 4. Resuming his Petition for Modification, the Father seeks primary physical custody of the parties' Son. The parties were unable to reach an agreement at the conference as to ongoing custody arrangements for Robbie and therefore it will be necessary to schedule a hearing in this matter. 5. The Father's position on custody is as follows: the Father believes it would be in the best interests of Robbie to reside primarily with the Father. The Father believes that he offers a more financially stable household. In addition, the Father indicated that the Child has expressed an ongoing preference to reside with the Father. The Father does not seek scheduled custody arrangements with the parties' Daughter, Jessica at this time in light of the difficult situation surrounding the investigation and trial resulting in part from the Child's allegations. However, the Father agreed to attend counseling for the purpose of reestablishing the Father-Daughter relationship. 6. The Mother's position on custody is as follows: the Mother believes it would be in Robbie's best interests to continue on the same equally shared arrangement which the parties had been following. The Mother expressed concern that the Father is still drinking alcohol, making him less able to properly care for the Child. The Mother did agree to cooperate with arrangements for counseling to repair the Father-Daughter relationship. 7. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter and implementing the existing shared custody arrangement with respect to the parties' Son and reflecting the parties' agreement regarding counseling for the Father and Daughter. It is expected that the hearing will require one-half day. 11 4L', oo S1--- Date Dawn S. Sunday, Esquire Custody Conciliator COLLEEN F. VICCARO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SEAN D. VICCARO, Defendant NO. 05-1263 CIVIL TERM ORDER OF COURT AND NOW, this 29 h day of May, 2008, upon agreement of counsel, the hearing previously scheduled for May 29, 2008, is CONTINUED GENERALLY. Counsel are directed to notify the Court by motion if a hearing in this matter is required or when a settlement has been reached. BY THE COURT, 'James G. Nealon, Esq. 101 S. Duke Street York, PA 17403 Attorney for Plaintiff Michael S. Travis, Esq. 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc (210 f l es maltd, VI-4 C?, J. ?Wesley Ole Jr., J. t ? :Ci W!" Ivp t?Z Auk i ?, i 0( L COLLEEN F. VICCARO, Plaintiff V. SEAN D. VICCARO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1263 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 20'' day of August, 2008, upon consideration of the attached letter from Michael S. Travis, Esq., attorney for Defendant, a hearing is scheduled for Wednesday, December 10, 2008, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ./ames G. Nealon, Esq. 101 S. Duke Street York, PA 17403 Attorney for Plaintiff Michael S. Travis, Esq. t 3904 Trindle Road V Camp Hill, PA 17011 Attorney for Defendant :rc J` Wesley Oler, Jr., J. i ? 3k! tog :0110,1V I Z 5111 8001 A 0- COLLEEN F. VICCARO, Plaintiff V. SEAN D. VICCARO, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1263 CIVIL TERM IN RE: DEFENDANT'S PETITION TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 10`" day of December, 2008, upon consideration of the attached letter from James G. Nealon, III, Esq., attorney for Plaintiff, the hearing previously scheduled in the above matter for December 10, 2008, is cancelled. BY THE COURT, X es G. Nealon, Esq. 2411 N. Front Street Harrisburg, PA 17110 Attorney for Plaintiff ichael S. Travis, Esq. 3904 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc A ,r Vesley Oler, J. sue. ne 01 0.01 WV 1 1 330 OGOZ lztlU L? 4 ?r? J,d 3Hi .3G COLLEEN F. VICCARO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2005-1263 CIVIL TERM : CIVIL ACTION - LAW SEAN D. VICCARO . Defendant : IN CUSTODY STIPULATION FOR CUSTODY NOW COMES, the parties hereto, Colleen F. Viccaro, and Sean D. Viccaro, concerning the custody of Sean R. Viccaro ("Robbie"), and agree as follows: WHEREAS, Defendant, Sean D. Viccaro filed a petition to modify custody on December 18, 2007, which has been continued to December 10, 2008, and WHEREAS, the parties desire to amicably settle the matter, the parties agree as follows: 1. Legal Custody. The parents, Colleen F. Viccaro and Sean D. Viccaro, shall have shared legal custody of the minor children, Sean R. Viccaro, Born January 19, 1993, and Jessica E. Viccaro, born February 24, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations with regard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports given to them as parents including, but not limited to : medical records, birth certificates, school or educational records, attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures, extracurricular activities, children's parties, musical presentations, back-to-school night, and the like. 2. Physical Custody. The Father will have primary physical custody of Sean R. Viccaro, subject to Mother's periods of partial physical custody on a two (2) week alternating basis which shall be arranged as follows: A. Commencing June 19, 2008, the Father will have custody of Sean R. Viccaro from Monday after school until Wednesday after school. During week one, Mother, Colleen Viccaro, shall have custody from after school Wednesday until Friday before school. During week one, Father shall have custody from after school Friday through Monday after school. During week two, Father shall have custody from Monday after school until Friday after school. During week two, Mother shall have custody from after school Friday until Monday before school. B. Commencing with each Summer, after school, in June 2009 parties shall share custody as follows: The parties shall alternate custody on a weekly basis beginning Monday evenings. The alternating week cycle shall begin following the party ending their regular custody cycle under "A." The term evening shall denote 5:00 p.m. or as soon as practicable thereafter. The regular schedule shall resume under "A" when school begins. 3. The parties'son, Sean shall continue in counseling with Michael Phillips at Pennsylvania Counseling Services, as needed or if requested by Robbie. The parties will participate with the child's therapist upon request. 4. Father will sign a consent for his therapist to release information to Mother which scope shall be limited to verification of his attendance at appointments and verification of the completion of any assessment and/or treatment services provided by said therapist. 5. Holidays. The parties will share custody for the holidays by their mutual agreement. 6. In the event either party is unable to provide care for the children during his or her period of custody for a period of four (4) hours or more, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the children before contacting third-party caregivers. 7. ;?tchts ule regarding Jessica shall remain unchanged as supervised visitation with Father as may agree pursuant to the Court's July 24, 2007 Order. Counsel for Plaintiff r /L 4 0? ounsel or Defendant Colleen F. Viccaro Sean . Viccaro r? rl r7 -1 C-ri COLLEEN F. VICCARO, : IN THE CI Plaintiff : CUMBERL VS. NO. 05-12( SEAN D. VICCARO, CIVIL AC Defendant IN CUSTC ORDER JRT OF COMMON PLEAS JD COUNTY, PENNSYLVANIA CIVIL TERM ON - LAW AND NOW, TO WIT, this ? day of < < ,2008, the within Agreement as to Custody of the Minor Child having been signed and acknowledged by the respective parties thereto, the terms and conditions of the foresaid Agreement are hereby adopted as the Order of this Court. BY THE COUPT, 1 J. p/ (101,93(y, r ),Ity Zvi ?f'1id Lx::? } 1 S :1 ':: L 1330 SOOZ