The URL can be used to link to this page

Home My WebLink About05-5207 ... o Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. O~ - S;lo7 C~u~C ~~~ KATHLEEN M. FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VB 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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 TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA C; U ~L '-r E.a..rrv os - S':lD7 NO. KATHLEEN M. FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Dominic C. Fanelli, Jr., an adult individual residing at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Kathleen M. Fanelli, an adult individual residing at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on June 14, 1996, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There is one (1) minor child born of this marriage: Dominic C. Fanelli, born August 5, 1997. 6. The parties separated on August 16, 2005. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. DOMINIC C. FANELLI, JR., Plaintiff N 05 - 5207 O. VERSUS KATHLEEN M. FANELLI, Defendant DECREE IN DIVORCE AND NOW~~ , IT IS ORDERED AND z~ 2006 DECREED THAT DOMINIC C. FANELLI, JR. , PLAINTIFF, KATHLEEN M. FANELLI , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REC~IS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 7, 2006 and incorporated, but not merged, into the Decree. - ~ r? 7~?7J1-1 /~( -~~.P!$~~/ ~) '"('I / '.J' c.-/ l." 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with S 3301 of the Pennsylvania Divorce Code. Dated: I D/?;!OJ l Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 2 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - 6:;"07 C;u~l TEA-~ KATHLEEN M. FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: .? t/c:/ &..5 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- -5-'-2 o{ ~-;;;.... KATHLEEN M. FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, DOMINIC C. FANELLI., JR., hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: 3 ;5!?'7?lS ~~c:~~ DOMINIC C. FANELLI, JR. -<.Q., (:) -- 7J r:- ..() D fl:. ~ U( - )...> D ~ )...J ~ ..0 N ...c:. ....0 (;:) 3: (') c-. t-:"l r~ ~; o ('J .....-1 .___"";. I"' ~ .-\ t: -rI. f'1~, :S~ le:J i:- ('} b. ,- i__ -"1'""\ ~~:-lf?\ <2 "V .:;:- :.2:. r r N - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR, Plaintiff v, KATHLEEN M. FANELLI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : NO, 05 - 5207 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Charles Rector, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Divorce Complaint on behalf of my client, Kathleen M Fanelli, having received said Complaint .,.(. on the ~ day of 6 v-kt v , 2005, I hereby indicate I am authorized by my client to accept service on her behalf ....' ......,., = "..,:~ "'" o ('-J o -n ::::J mE ~ .f_- ,-, j r W ...~(") ...')nl ;:,,::.; ,,'5 ::< DOMINIC C. FANELLI, JR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO, 05-5207 CIVIL TERM KATHLEEN M. FANELLI Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO PLEAD To: Dominic C. Fanelli, Jr. c/o Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 You are hereby notified to file a written response to the enclosed Defendant's Answer and Counterclaim to Plaintiff's Complaint in Divorce within twenty (20) days from service hereof or a judgment may be enter BY: - Date: /o/I'tlcj- { / DOMINIC C. FANELLI, JR. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5207 CIVIL TERM KATHLEEN M. FANELLI Defendant CNIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER & COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, comes the Defendant, Kathleen M. Fanelli, by and through her attorney, Charles Rector, Esquire, and files the within Answer & Counterclaim to Plaintiffs Complaint in Divorce: 1. - 5. Admitted. 6. Denied. It is denied that the parties separated on August 16,2005, and proof thereof is demanded and the same is deemed denied. 7. - 9. Admitted. Count I-Divorce (No Fault) 10. No answer required. 11. Admitted. WHEREFORE, Defendant requests that the Court, at the appropriate time, enter a Decree in Divorce based upon Section 3301 of the Pennsylvania Divorce Code. Counterclaim Count II - Equitable Distribution 12. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 13. Defendant requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court seems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502 of the Divorce Code. Count III - Custody 14. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 15. The parties are the natural parents of the following unemancipated child who currently resides with the parties: Dominic C. Fanelli (DOB 8/5/97). 16. Since the child's birth he has resided with both parents at their current address. 17. The Defendant has not participated in any other litigation concerning the child in this or any other state. 18. There are no other proceedings pending involving custody of the child in this or any other state. 19. Defendant knows of no person not a party to these proceedings who has physical custody of the child or who claims to have custody, partial custody or visitation rights with respect to the child. 20. The best interest of the child will be served if custody of him is confirmed in Defendant. WHEREFORE, Defendant respectfully requests that pursuant to Section 3l04(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming custody of the child in Defendant. Count IV - Spousal Support and/or Alimony Pendente Lite and Alimony 21. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 22. Defendant is unable to sustain herself during the course of litigation. 23. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 24. Defendant requests the Court to an award of spousal support and/or alimony pendente lite until final hearing and there upon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. Count V-Request for Counsel Fees. Costs & Expenses 25. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 26. Defendant has employed Charles Rector, Esquire, to represent her in this matrimonial cause. 27. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 28. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 29. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant requests that pursuant to Sections 3104(a)(1), 3323(b) and 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses, Count VI - Continued Maintenance of Beneficiary DesiJ!nations 30. The prior paragraphs ofthis Answer and Counterclaim are incorporated herein by reference thereto. 31. During the course of the marriage Plaintiff has maintained certain life insurance polices for the benefit of Defendant. 32. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies for the benefit of Defendant. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life insurance policies for the benefit of Defendant. .........- ,rr.'. . (-Charles Rect 1104 Fern ood venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Defendant Date: /0 !fIoJ- I verify that the statements made herein are true and correct. J understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Se~tion 4904, relating to unsworn falsification to authorities. Dale: /iJ) sJy5 ~~ fkrf-~' Kathleen M. Fanelli ..,:- f::-J ~ ~ 1 -- ~ (y ~ ()' ~ :- ~ -:--. "'- '- "" ~ () C) \) C>- o C> () C ~ ~ JJ0vW ~~~ -... ~ --<."-- ~B: ~ ('.., CY ~ ,.....) ~.';:'-:: CJ ~,. I -1'1 (-~~, ::;j ':~id~ -~:1 ....... .... --,"'~ c-~ 'I (, '\ ~. '" c: ._, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR EMERGENCY RELIEF 1. Petitioner is Plaintiff, Dominic C. Fanelli, Jr., an individual residing at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, 2, Respondent is Defendant, Kathleen M. Fanelli, an individual who was residing at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 until October 21,2005. Defendant separated from the marital home without notice to Petitioner and relocated to 405 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, The parties were married on June 14, 1996. 4, The parties separated on August 16,2005 at the request of Petitioner but both remained residing in the marital home, 1 5, No appraisals or other valuations of the personal property had occurred. 6. Prior to October 21,2005, Respondent had taken certain items out of the marital home which included one of a kind photographs of the parties' son. Respondent also made unauthorized advances from the parties' home equity loan at Commerce Bank of Three Thousand Five Hundred Dollars ($3,500.00)without the knowledge and consent of the Petitioner. 7. Each time that Respondent's actions came to light, counsel for the Petitioner contacted the office of Charles Rector, counsel for the Respondent, in order to address the issues. Petitioner was advised that these were isolated occurrence and the parties would maintain the status quo and attempt to work towards full and amicable resolution without any further such occurrences, 8. Then, on or about October 21,2005, Petitioner was contacted by a concerned friend who advised him to return home because of activity occurring there, Without any notice to Petitioner or Petitioner's counsel, Respondent secured Fisher Moving Company and loaded same with both marital items and Petitioner's pre-marital items from the home. No consent was sought or given by Petitioner. 9, It is believed that Respondent took these items and may have placed them in storage for which no access is given to Petitioner. 2 10, Petitioner also arranged to take the parties' minor son from the home without coordination and consent of the Petitioner. 11, Respondent's actions have been willful and were motivated by spite only to inflict damage on Petitioner. 12. Petitioner further fears that Respondent will now take and advance further money from the line of credit existing at Commerce Bank and take other actions which will be detrimental to the preservation of the marital estate, 13. The parties' also have one final joint Commerce Account #023089634 open which is debited by certain creditors automatically to pay monthly household expenses. Respondent has blank checks to the account and it is believe that Respondent may proceed to write checks on the account regardless of the available funds. 14, Petitioner requests that this Honorable Court order Respondent to return all items (both marital property and Petitioner's pre-marital property immediately) to the marital home to preserve the status quo until further order of court or, in the alternative, to enjoin Respondent from moving said property from storage until conclusion of the equitable division process. 3 15, Petitioner asks that the Court order that Respondent be enjoined from making any further withdrawals from any marital accounts, including the credit line which exists with Commerce Bank to preclude any further advances from said line and from the final joint account which is used for automatic credit payments. 16, Petitioner also requests he be granted exclusive possession of the marital home so as to avoid any further unauthorized removal of personal property and assets by Respondent 16, 23 Pa,C.SA provides: ~3323(f) Equity Power and Jurisdiction of the Court- In all matrimonial causes, the court shall shave full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause ~350S (a) Preliminary Relief - Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules. The court may also issue a writ of ne exeat to preclude the removal. 17, Petitioner requests an order for counsel fees be entered against Respondent in the amount of Four Hundred Dollars ($400.00) for costs of preparing and presenting this Petition and dealing with the results of Respondent's unauthorized acts, 4 WHEREFORE, Petitioner requests an order in the form attached hereto be entered, Respectfully s~ttedJ. _ ~/ Dated: October 24,2005 / 1/ '--' Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 5 Barbara Sumple-Sullivan, Esquire Supreme Court 11323] 7 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. F ANEI n. JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. KA TIILEEN M. FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICA nON I, Dominic C. Fanelli, Jr., hereby certify that the facts set forth in the foregoing PETITION FOR EMERGENCY RELIEF is true and correct to the best or my knowledge, information and belief. I understand that any raise statements made herein are subject to penalties or 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities, Dated: u' 0 (d-.-1 (vs- A.- c L4 DOMINIC C. FANELLI, JR. Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO, KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Laura J. Hughes, Secretary to Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR EMERGENCY RELIEF, in the above-captioned matter upon the following individua1(s), via facsimile and by United States first-class mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, P A 17011-6912 Laura 1. Hugh Secret Barbara Sumple-Sullivan, 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 DATE: October 24, 2005 :--_'l "1 ,-\ r '; " Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOMINIC C FANELLI, JR, Plaintiff IN THE COURT OF CO'MMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, NO, 05-5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this 11- day of \} ~ ,2005, upon consideration of the .. .. attached Stipulation for Entry of an Order of Exclusive Possession and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Dominic C Fanelli, Jr., and Charles Rector, Esquire, counsel for Defendant, Kathleen M, Fanelli, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation are adopted as an Order of Court as if set forth herein at length. ,- .'i ~:;:J -. C:) -- . . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C FANELLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF AN ORDER OF EXCLUSIVE POSSESSION THIS AGREEMENT made thed day of 1Iot/#lJl,(j,1/(.;;.005, by and between Dominic C Fanelli, Jr, an individual residing at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, and Kathleen M, Fanelli, an adult individual residing at 405 Darla Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, WITNESSETH WHEREAS, the parties are husband and wife having married on June 14, 1996 in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, during the marriage the parties resided in the marital home located at 1116 W, Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055; WHEREAS, while the parties separated August 16,2005, both remained in the marital home until Defendant physically relocated on or about October 21,2005, without notice to Husband, At the time of relocation, Wife removed items of marital property; ..., . WHEREAS, Plaintiff continues to reside in the marital home; WHEREAS, in order to preserve the peaceful occupancy of the home by Plaintiff and confirm the disposition of certain marital assets and to avoid the necessity of hearing on the filed Petition for Emergency Relief, the parties agree to the following Stipulation I, The recitals contained in the whereas clauses are incorporated herein by reference, 2, Plaintiff, Dominic C. Fanelli, Jr., shall have and retain exclusive possession of the marital home located at 1116 W. Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Such exclusive possession shall remain in effect until modified by further order of court or written stipulation of the parties, Defendant is prohibited from entering onto said property, Entry or presence upon said premises by Defendant shall be deemed trespassing, However, Defendant may pull into the driveway of the property to pick up the parties' child for exchange of custody, 3. Plaintiff agrees to preserve and not transfer or dispose of any and all personal property remaining in the home unless receiving the express written consent of Defendant. - 4. Within (5) days of the date of this Agreement, Defendant shall provide a list of all personal property she removed from the marital home, which property remains currently in storage until Defendant secures an apartment Defendant shall provide the address for the storage. Defendant shall also provide written verification of any future location to which any of these items are moved until equitable distribution is completed in accordance with the divorce proceedings, Defendant agrees to preserve and not transfer or dispose of any and all personal property in her possession without receiving the express consent of Plaintiff 5, Plaintiff and Defendant agree that neither shall withdraw or otherwise utilize the Commerce Bank Home Equity Line of Credit, except with the express written confirmation from both parties. A copy of this Order shall be given to Commerce Bank 6. Plaintiff and Defendant agree that the Commerce Bank joint checking account number 023089634, which is automatically debited by certain creditors for expenses of the marital home each month, shall be used solely by Husband, Wife shall execute any and all documents necessary to remove her name from the account Transfer of the account to Plaintiff shall not be deemed to be a waiver by Defendant of any amounts contained therein at the time of separation for purposes of equitable distribution, , 7. The parties recognize that custody has been raised by Plaintiff in an action docketed to Court of Common Pleas of Cumberland County, Docket No. 2005-5517 and by Counterclaim by Wife to this captioned divorce action. The parties agree, without prejudice to either party, that the custody cases docketed at 2005-5517 and 2005-5207 be consolidated for purposes of all future custody proceedings. 8, The parties agree that this Agreement shall be entered as an Order of Court, IN WITNESS WHEREOF, the parties hereto, set forth their hands and seals. o/:?-! as- Xa:tt-'&ML itt.IM1/Jt; Kathleen M. Fanelli ~ DOMINIC C. FANELLI, JR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE KATHLEEN M. FANELLI, Defendant/Petitioner NO. 05-5207 CIVIL TERM IN DIVORCE PACSES # 868107855 ORDER OF COURT AND NOW, this 30th day of November, 2005, based upon the Court's detenl1ination that Petitioner's monthly net income/earning capacity is $0 and Respondent's monthly net income/earning capacity is $0 it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $750.00 per month payable monthly as follows: $750,00 for alimony pendente lite and $0.00 on arrears, First payment due on or before December 1, 2005. Arrears set at $0.00 as of November 30, 2005. The effective date of the order is December 1, 2005. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa,C.S.* 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Kathleen M, Fanelli, Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P,O. Box 69110 Harrisburg,PA 17106-9110 Payments must include the Respondent's P ACSES Member l\umber or Social Security Number in order to be processed. Do not send cash by mail. cc360 , , t Unreimbursed medical expenses that exceed $250,00 annually are to be paid as follows: 65% by Respondent and 35% by Petitioner. The Petitioner is responsible to pay the first $250,00 annually in unreimbursed medical expenses, Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made, Proof of coverage shall consist, at minimum, of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim fonns, This Order is pursuant to a verbal agreement of the parties at the conference held on November 30, 2005 and considers the following: Respondent will pay $750.00 per month for child support; Parties have a 50/50 shared custody arrangement with their child; and the Respondent is paying the private school tuition for said child.. This Order shall become final ten days after the mailing ofthe notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo betore the Court. Consented: Petitioner Petitioner's Attorney Respondent's Attorney Respondent DRO: R. J. Shadday Mailed copies on: No\"'ember 30. 2005 BY THE COURT, Petitioner Respondent Charels Rector, Esq. Barbara Sumple~Sullivan, Esq. EdW~ ], ri ,-..> ,'- (0) L"l C) -II , ~ I I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSY1. V ANlA IlOMTNT~ ~ F1\NF.T.T.T :m Plaintiff vs. KATHLEEN M. FANELLI NO. 2005-5207 19C Defendant MOTION FOR APPOINTMENT OF MASTER Daninic C. Fanelli, Jr. (Plaintiff) !fl'<!i_...1M..'J, moves the cour1: to appoint a master with respec1: to the following claims: ( X) Divorce ( ) Annulment ( X) Alilllony ( X) AliJnony Pendente Lite ( X) ( X) ( X) ( X) DistribU1:ion of Proper1:y Support Counsel Fees Cos1:s and Expenses and in suppor1: of the mo1:ion states: (1) Discovery is comple1:e as to the claiJns(s) for which appointment of a master is requested. (2) The defendant (has) (~ appeared in (by his attorney. Charles Rector. (3) The staturory ground(s) for divorce (~) 3301 (c), 3301 (d) (4) the the action~ ,Esquire). (are) 3301 (a) (6) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respec t to the following clailns: Nnne (c) The action is contested with respect to the following claims: Divorce and Equitable Distribution, support, APL, Alimony, Support, Counsel Fees, Cost and Expenses (5) The action ~ (does not involve) complex issues of law or ract. (6) The hearing is expected to take (7) Additional informa1:ion, if any. ,/ (days) . motion: None Date: March 1,2006 tor (PlaintL~ ~ ORDER APPOINTING ~iASTER Barbara Sumple-Sullivan, AND NOW ,19_, is appointed master with respect to the following claims: Esquire Esquire, By the Court: J ~:-i (' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05 - 5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 1" day of March, 2006, comes Plaintiff, Dominic C. Fanelli, Jr. (hereinafter referred to as "PETITIONER"), by and through his attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: L A Complaint in Divorce was filed on October 4,2005, 2, Petitioner is the Plaintiff in the above action, 3, Petitioner requests your Honorable Court to equitably divide, distribute or assign the marital property between the parties in such proportions as the Court deems just pursuant to Section 3501 through Section 3508 ofthe Divorce Code of 1980, together with any amendments thereto, 4, Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Petitioner requests your Honorable Court to equitably divide all marital property as the Court deems appropriate and enter a decree in divorce in accordance with the Pennsylvania Divorce Code, Respectfully submitted, DATE: March 1, 2006 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D, 32317 Attorney for Plaintiff Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR" Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 05 - 5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Dominic C. Fanelli, Jr., hereby certii)' that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa, C.S,A 94904 relating to unsworn falsification to authorities, DATED: March 1, 2006 /LLYA DOMINIC C. FANELL , JR. . Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-]445 DOMINIC C. FANELLI, JR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v, : NO, 05 - 5207 KATHLEEN M, FANELLI, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue Camp Hill 17011 DATED: March I, 2006 Barbar umple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD, No, 32317 , , " I I~ THE COURT OF COMMON PLE.~ OF CUMBERLAND COUNTY, PENNSYL V ANU TlOMTNTr r F'lINRT.T.T .lR Plaintiff vs. KATHLEEN M. FANELLI ~O. 2005-5207 1<9' Defendant Daninic C. Fanelli. Jr. a master with respect to the ( X) Divorce ( ) Annulment ( X) AliJIlony ( X) AliJIlony Pendente MOTION FOR APPOINT:1ENT OF MASTER (Plaintiff) (J!llei_..vlMmI:lj, following claiJIls: moves the court to appoint Lite ( X) ( X) ( X) ( X) Distribution of Property Support Counsel Fees Costs and Expenses and in support oE the motion states: (1) Discovery is complete as to the claiJIls(s) for which the appointment of a master is requested. (2) The deEendant (has) (~ appeared in (by his atto=ey, Charles Rector. (3) The staturory ground(s) Eor divorce (~) 3301 (c). 3301 (d) (4) the action~ ,Esquire) . (are) 33011 a)( 6) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respec t to the following claiJIls: None (c) The action is contested with respect :0 the following claims: Divorce and Equitable Distribution, Support, APL, Alimony, Support, Counsel Fees, Cost and Expenses (5) The action ~ (does not L~volve) complex issues oE law or ract. AND ~OW . " !GI./U:JJ 7 is appointed master ..rith tor (PlaL~t:.";: ~ ORDER APPOINTING~1ASTER Barbara Sum~-Sullivan, ,wXJdCa (1 Ad1teJ (le<A~ jj respect to the following claiJIls: )1&U a/-n-h"P one (days) . motion: None (6) The hearing is expected to take (7) Additional information, if any. Date: March 1, 2006 Esquire Esquire, T o " :~j .,J ~ ~i5L DOMINIC C. FANELLI, JR. Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO, 05-5207 CIVIL TERM KATHLEEN M, FANELLI Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE PRAECIPE AND RULE FOR BILL OF PARTICULARS TO THE PROTHONOTARY: Kindly enter a Rule upon Plaintiff to file a Bill of Particulars on the fault count of the Petition Raising Marital Claims within twenty (20) days after service of the Rule or non pros see, leg. .-------- Charles Rector, Esquire 1104 Fernwood Avenue, Ste. 203 CampHill,PA 17011.6912 (717) 761-8101 Attorney for Defendant Date:~ AND NOW, this J#I day of April, 2006, a Rule is entered upon plaintiff as above, /s/ (L-r;~ {? vf( Pr6thonotary () ,; ,-, ~~~:~ (;;:r'~ ~ ,~ .,'r, /oO 1, _' -" .-. ~~;~. '~, ~; ~:I " , W ...",~, l,"; -;-,1"\-' :~.:'"-\ '-'~l =-< , " .,'/ ( .'> . . DOMINIC C. FANELLI, JR. P lainti ffi'Peti tioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V, : NO. 05-5207 CIVIL TERM KATHLEEN M, FANELLI Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, comes the Defendant, Kathleen M. Fanelli, by and through her attorney Charles Rector, Esquire, and files the following Answer to Plaintiffs Petition Raising Marital Claims Under the Divorce Code of 1980: I, Admitted. 2, Admitted, 3. Admitted, 4, Denied. Paragraph 4 constitutes a series oflegal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, it is specifically denied that Plaintiff is the innocent and injured party and proof thereof is demanded and the same is deemed denied, It is further denied that Defendant has offered such indignities to the person of the Plaintiff and/or has been mentally cruel to him as to make his life burdensome and his condition intolerable and proof thereof is demanded and the same is deemed denied, . WHEREFORE, Defendant/Respondent respectfully requests your Honorable Court to deny PlaintifflPetitioner's request for a grounds divorce. Date: 3/11 (~, , I verify that the statements made herein are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904, relating to unsworn falsification to authorities, Date: 'I/U/nk I / &~:t~ I<athleen M, Fanelli CERTIFICATE OF SERVICE -4- I, Charles Rector, Esquire, do hereby certify that on the II day of April, 2006, I caused a true and correct copy of the within Defendant's Answer to Plaintiff's Petition Raisingg Marital Claims to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Barbara Sump/e-Sullivan, Esquire 549 Bridge Street New Cumber/and, PA 17070 By: .....L- Cries Rector, Es --------- 1104 Fernwood Av nue, Ste, 203 Camp Hill, PA 17 11-6912 (717) 761-8101 Date: ~("!Ob t-) ~n ., (."> T' \",) , (._~ e, Barbara Sumple-SulJivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5207 KATHLEEN M. F ANELLl, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S BILL OF PARTICULARS Plaintiff files the following Bill of Particulars in response to Petition of Defendant, Kathleen M. Fanelli, and Rule issued by the Court on April 5,2006, I) During the marriage, Defendant has offered indignities to Plaintiff. By her course of conduct Defendant repeatedly undertook acts inconsistent with the marital relationship which made Plaintiff's life intolerable. Factual circumstances are as follows: Occurrences in the Marital Home Related to Teenage Daughter: a) The parties shared their marital home with Defendant's teenage daughter from a prior marriage. Defendant belittled the Plaintiff to her daughter in the presence of the child, referring to him as "ajerk", stating to her daughter that "he's an ass", "to hell with him". This conduct was then mirrored by the teen. Much of this disrespect toward Plaintiff would also I occur in the presence of the parties' natural child, a young son, causing embarrassment and ridicule to Plaintiff. b) Defendant secretly allowed her teen daughter to engage behavior in the marital home that Plaintiff felt was inappropriate and directly contrary to the wishes of Defendant. These acts included hosting teen parties that resulted in alcohol being consumed on the property and a condom being found in the basement by Plaintiff after a party. Personal Behaviors of the Defendant: a) Despite her marriage, Defendant intentionally lived her life as would a single woman despite the expressed wishes of Plaintiff. Defendant's course of conduct caused intentional upset and embarrassment to Plaintiff. These acts included: 1) Going with girlfriends to bars on a regular basis where she would drink despite the express disapproval of Plaintiff. Defendant would not return until well after midnight and sometimes into the early morning hours; 2) Photographing herself in bars and on other outings such as concerts with other men, including photos of these men with their arms about her; 3) Yelling obscenities such as "show me your ass" at other men, being suggestive of sexual acts and things; 2 4) Orally discussing in the direct presence of Defendant comments about attributes of other men and suggesting to her friends that Defendant and her friends should go with these other men; 5) Dressing promiscuously (high heels, tight pants, halter tops, exposed back, thong underwear) when she would go to bars after Plaintiff objected; 6) Discretely purchasing excessive amounts of clothing and makeup (thong underwear, lingerie, perfume) with cash so that Plaintiff was unaware; 7) On one occasion while in public, Defendant had her thong panties showing out of her pants. This was embarrassing to Plaintiff and when neighbors noticed and she was asked to correct same by Plaintiff, she commented that the neighbors were "only jealous of her." b) Defendant intentionally belittled Plaintiff in social events and in the presence of his friends knowingly that it would emotionally impact him. c) Defendant continuously ridiculed Plaintiff calling him a "mommy's boy" and refused to socialize with Plaintiffs mother and family. d) On or about August 16,2005, Defendant told Plaintiffthat she did not love him and had not loved him for years. These comments, made before a counselor, lead the counselor to indicate that the marriage had no hope. Plaintiff feared the marriage was over. 3 1) After the counseling session, Defendant immediately commenced a public romantic relationship with a male whom she met at a concert and continued this relationship for at least one month prior to leaving the parties' home. 2) Further, on October 17, 2005, Defendant met with a male during the night. She left the house to meet him and did not return home until two (2) hours later. Defendant also had a male meet her at her work on at least two (2) separate occasions prior to the parties' physical separation. 3) Defendant had repeated conversations with this male on the phone in the presence of Plaintiff and she openly discussed with the male the parties' relationship. DATE: April 28, 2006 / { Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID. 32317 Attorney for Plaintiff 4 Barbara Sumple-SulIivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE KATHLEEN M. FANELLI, Defendant : NO. 2005-5207 VERIFICATION I, DOMINIC C. FANELLI, JR., hereby certifY that my Response set forth in the foregoing Bill of Particulars are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa, C.S.A. 94904 relating to unsworn falsification to authorities. DATED: $1-,2006 LcL~ DOMINIC C. FANELLI, JR. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 DOMINIC C. FANELLI, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE KATHLEEN M. FANELLI, Defendant : NO. 05-5207 CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the PlaintiWs Bill of Particulars, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Fernwood Avenue Camp Hill 17011 DATE: April 28, 2006 ( Barbara umple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID. 32317 Attorney for Plaintiff DOMINIC C. FANELLI, JR., Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 5207 CIVIL KATHLEEN M. FANELLI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this qli- day of been 2006, the economic claims raised in the proceeding resolved in accordance with a marital settlement agreement and an addendum to marital settlement agreement, both dated August 7, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q~~ Edgar B. Bayley, P.J. cc: vtarbara Sumple-Sullivan Attorney for Plaintiff ,;Charles Rector Attorney for Defendant ~ <:<l ~ '"': '0 :::. 'd'E, !i ~~ ~ ~g.. t,l) ~~ ~ '5 ~ ; c..l~ .'::>4:. ~4~ ... <f1 :,-.J.Z~ .t' ,,1 ~ 3 o~- 5';).(J1 c.b\l'\ tv"" ADDENDUM TO MARITAL SETTLEMENT AGREEMENT This Addendum, made thi~ day of August, 2006, by and between Dominic C. Fanelli, Jr. (hereinafter referred to as "Husband") and Kathleen M. Fanelli (hereinafter referred to as "Wife"). WITNESSETH, that: WHEREAS, the parties as Husband and Wife and have entered in to a Marital Settlement Agreement and; WHEREAS, it is the intention of the parties to supplement the provisions of said Marital Settlement Agreement. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Tax Exemption The parties agree that Husband shall receive the tax exemption for the parties' son for three (3) consecutive years hereafter (2006-2008 inclusive). Wife shall cooperate in facilitating said exemption to Husband and shall take all steps necessary in providing said exemption to Husband including, but not limited to, executing Internal Revenue Service jiI' ~7A6 Form 8332, and other documentation as necessary. Thereafter, and beginning in 2009, the parties shall alternate the exemption, with Wife receiving the exemption in the tax year 2009. Husband agrees to take all steps necessary in providing said exemption to Wife including, but not limited to, executing Internal Revenue Service Form 8332, and other documentation as necessary. 2. Parochial School Unless changed by agreement of the parties or subsequent Order of Court, the parties agree that the minor child, Dominic C. Fanelli, born August 5,1997, shall attend parochial school through grade 12. Husband agrees to assume sole responsibility for the payment of his tuition. Consistent with Pa.R.C.P. 19l0.16-6(d) (private School Tuition...), Husband shall receive a credit for tuition payments made by him in an amount equivalent to the tuition allocable to Wife. 3. Custody Mediation The parties agree to consult with Deb Salem for custody mediation in an attempt to resolve all outstanding custody issues. The parties agree that neither shall Petition the Court to modify the current Order of Custody entered by the Court on June 23, 2006, within six (6) months of the date of execution of this Agreement to provide for sufficient time for the mediation process to succeed. In the event that Deb Salem recommends continuation of mediation for a period beyond February 2007, the parties will give due consideration to such a request. Husband agrees to be solely responsible for the cost of the custody mediation. Husband further agrees to continue and otherwise cancel and his !lJ]f gjI/f 1.. J...- P'~in_ . , MARITAL SETfLEMtN1 ACREEMENT THIS AGREEMENT, made this ~ day of ~ //<:7/ ,2006, by and between DOMINIC C. FANELLI, JR., hereinafter referred to as "HUSBAND", and KATHLEEN M. FANELLI, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on June 14, 1996, in Cumberland County, Pennsylvania; WHEREAS, one (I) child was born of this marriage being Dominic C. Fanelli, born August 5, 1997; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. .,'. ._.n.... _________._.__._..,..,,__~_______.___________..__._.'" _ ._.____________,._u____'__ NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and 6/22/06 /Jtf~~ 11ft; HuL valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows; SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Charles Rector, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or 6/22/06 2 J>>P 1-;;6 12w rJ/mp places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fullyapprlli~e~. ..._~_.._--_.__.---~._----_._----_. ,-----'--- .---.,----.-------'--- .~_.,-'"--'--- -..--.- -.,.-.-....-----..---..----..---..-----.-.-...-.--... ..---- Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 6/22/06 3 dtfrR/~ 'j> J l/ h-7_ 0J.#1:::- 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 330l(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Praecipe to Transmit, Affidavits of Consent and the Waivers of Notice shall be filed with the court no earlier than December 20,2006 but sufficiently in advance of year end to allow for the entry of the divorce prior to December 31,2006. The parties each agree to execute simultaneously with this Agreement consents and waivers of notice necessary to conclude the divorce. These consents and waivers shall be held in escrow by Attorney for Plaintiff, HUSBAND, and shall be filed by her with the Praecipe to finalize the divorce on or about December 20, 2006. WIFE agrees to cooperate fully in concluding this matter. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not n~llsJ>~:nd, supersed~ or_affectth~terms of this A~eIl1ent. This A~e~lIl~l1t, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Cormnon Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties 6/22/06 4 Jt~ gjr~ i I'\P 'i III / (L. reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, COunSel.- fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. 6/22/06 5 f>>r R/riJ0 KMF p);/fJp B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. c. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITffiS This Agreement shall, except as otherwise provided herein, be binding upon and -rn.me to-the benefifofi:fiep8i1ieshereto~-therrresp-eciive hem; executors, lidmmlstrat()rs, successors or assigns. 6/22/06 6 M~1t~ ? /If/ Dl# lIMP 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIWAlVER 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 perfonnance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other tenn, condition, clause or provision of this Agreement. 6/22/06 7 $/~ 1/'1~{,k 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that, in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state _as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for 6/22/06 8 !Jtr' (7)~ tPtF tfJ/cb such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION n EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. -wtlh me exception of ti,':'Je items V1hJ. jl~ i'lt "lit feIth. lift ElikiBit "!r," HUSBAND agrees that all assets in the possession of WIFE 1'1'1' g,. , shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property ofHUSBAND._ ,VfFE Q W7~4 ; i I ...;;:... -ilgrp.p.(;! tn prnvirfp tQ ED: {~R~~TD tAQSr it~i i~t fertk 8ft EAll~biL A. nor laler than fifteen - (1 S) d4,P fi. Ulll I:he:: d4L.. of eilreettt;Ol1 vi tki3 :.greemlm. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate 6/22/06 9 IJtJro/! I'iI }(/HF dyj& property of the other. tlAF flr/~ 'T'he Jl....t;.;;, a~"" fwdl". tv ~hlltG al.1l'ia..."s olchelt mihor son and either party % ~ li can have duplicates made of disputed pictures at his or her own costs. \'\'lFE GgFees te This document shall constitute a bill of sale for said sole property. B. REAL ESTATE TRANSFER The parties jointly own property at 1116 West Powderhom Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. Said house is encumbered by a mortgage held by Sun Trust Mortgage and a Commerce Bank Line of Credit. The current approximate balance of the SunTrust Mortgage is approximately One Hundred Fifteen Thousand Dollars ($115,000.00) and the Commerce Bank Line of Credit is about Twenty Thousand Five Hundred Dollars ($20,500.00). WIFE confirms that since separation, her sole withdrawal from the Commerce line of credit has been the sum of Three Thousand Five Hundred Dollars ($3,500.00) and further agrees to make no further advances from said account pending the account's satisfaction in accordance with the terms of this Agreement. HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey all her rights, title and interest in this real estate to HUSBAND upon the condition 6/22/06 10 fltr' R/7/~ t/vlfib ~ that HUSBAND refinances the existing mortgage debt and line of credit to release her name and liability ~d pays her the sum of One Hundred Thousand Dollars t:JCF ~f ~ ct.s Cl. "..,,-4-.""1< ~r-+.(' el;,.f..-z,."f;..- f~lot,.;f. Il""? ?f'f/lilP ($100,000.00~HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND hereby agrees to indemnify and hold WIFE harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and released to the settlement agent upon the event of HUSBAND's successful completion of the refinancing of the mortgage and line of credit debts and in exchange for transmittal to WIFE the sum of One Hundred Thousand Dollars ($100,000.00) due to her pursuant to this paragraph. HUSBAND has been pre-approved for said fmancing and closing is ten . ely scheduled. for~ ~~'1j"" ;;;!/t~ ~~ fiJF f/7;;~ Of /t1(, C. MOTOR VEHICLES At the time of separation, each party has driven a leased vehicle. Each party agrees to assume the liability associated with the vehicle which they drive and to indemnifY and hold each other harmless for said debt. 6/22/06 11 Lr~ri 'r1'1 ~ 1# WIFE waives any claim to the 1993 Chevrolet Conversion Van and all marital rights, title and interest in said van shall rest with HUSBAND. HUSBAND waives any claim against WIFE for the approximate Two Thousand Dollars ($2,000.00) in post separation contributions he made to WIFE's vehicle and vehicle insurance. D. FINANCIAL ASSETS 1. Cash Accounts: At the time of separation, the parties had two (2) checking accounts at Commerce Bank being Account No. 032077711 and Account No. 023089634. The parties confirm that the proceeds of these accounts were used to pay marital obligations. WIFE made withdraws of approximately One Thousand Six Hundred Dollars ($1,600.00) for personal use from said Commerce account post separation from Account No. 023089634. This account has been closed. HUSBAND shall retain sole ownership of the individually titled Account No. 03207711 account and WIFE waives any claims therein. HUSBAND waives any and all claim against WIFE for post-separation withdrawals for her personal use from Account No. 023089634. 6/22/06 12 V 9);)1 <6f'lJ~ ~ At the time of separation, the parties also had an Enterprise Mutual Fund Account which the parties acknowledge was liquidated and the proceeds were used for payment of marital debts. E. RETIREMENT ASSETS: 1. Husband's Pre-Marital Retirement Assets: Prior to the parties' marriage, HUSBAND had various retirement assets. These pre-marital assets are currently reflected as a portion of the American Funds IRA and MONY Field Underwriters Retirement Plan. Also, HUSBAND has a Roth IRA which was held by MONY and converted to American Funds. This later account lost money during the term of the marriage. These assets shall be the sole and separate property of HUSBAND and WIFE hereby waives any claims to said account. The parties acknowledge the increase in value of these sums has been included in the calculation of the marital estate as set forth below and the equitable distribution set forth by this Agreement. 2. Wife's Pre-Marital Retirement Assets: Wife confirms that she has no pre-marital retirement assets. 3. Retirement Assets During the Marriage: During the marriage, HUSBAND earned and/or secured the following retirement 6/22/06 13 /)(J;( f/7f1 Y' /Y/17t2 kN= benefits, which benefits are valued as of date of separation as follows: American Funds IRA $69,019.34 Mass Mutual Thrift Plan $31,266.45 Mass Mutual Pension Plan $ 8,209.12 Enterprise SEP IRA $37,510.45 MONY FURP $35,150.00 HUSBAND agrees to transfer to WIFE the sum of Sixty-five Thousand Dollars ($65,000.00) from said marital retirement accounts in the form of a qualified rollover into a retirement account for WIFE. Said rollover shall be accomplished by a Qualified Domestic Relations Order or IRA Directive, which ever means is required by the fmancial account holder. The documentation for affecting the rollover shall be prepared by counsel for WIFE and completed within thirty (30) days of the date of this Agreement. Thereafter, said rollover shall be subject to market increases or deceases. However, in no event shall this transfer generate any tax liability for HUSBAND and WIFE agrees to indemnify and hold HUSBAND hannless for any loss, costs, expense or other liability ---- - - . incurred by HUSBAND incident to this rollover. During the marriage, WIFE confirms she earned and/or secured no retirement benefits. 6/22/06 14 I>>r f/~t J211hf! 4~ F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name, if any. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties acknowledge that no marital debts are outstanding. All marital credit cards, including the Discover Card, MBNA Platinum Plus, and various department store cards have been paid in full and terminated from joint ownership. HUSBAND waives his claims against WIFE for any credits he may have as a result of paying these marital debts after separation. These include, but are not limited to, the phone bill, household bills, and the Pilot lease obligation. 6/22/06 15 fltf ~7)t 8 /Y!~ javP To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION ill SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, and ALIMONY 1. ALIMONY. ALIMONY PENDENTE LITE. SUPPORT. MAINTENANCE AND COUNSEL FEES The parties agree that HUSBAND shall pay to WIFE the current APL award entered in the Court of Common Pleas of Cumberland County to the action docketed as Kathleen M. Fanelli v. Do . . c C. Fanelli Jr. P ACSES Case ]'l'o: ~8~107764 in the C4" ~e ,f./'1/~ !Jtf fjl7 Of. amount of$750.00 through 006. At that (i~: the Order shall ~ e [errninated. WIFE does hereby fully release and waive any other future claim to alimony pendente lite, spousal support, maintenance, and alimony. Both parties acknowledge and agree 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 fmal satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, aliwony pet}dente lite or ~~,el fees B ':) i.rf- t/ltF RJYj ~ with 1he =",,"00 of WIFE', reoeipt of APL 7 2006" ,pocifi,~1y ~ 116 herein HUSBAND and WIFE voluntarily and intellIgently, waive and re~~sh I.ny/l~t 6/22/06 16 . to seek from the other any other payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. 2. HEALTH INSURANCE FOR WIFE Notwithstanding the above waiver and release relative to support, alimony and alimony pendente lite, HUSBAND does agree to continue to carry WIFE on the medical and dental insurance currerJt1y offered through his employmerJt until the date of divorce but no later than December 31, 2006. HUSBAND shall make the payment of all costs associated with the continued coverage for WIFE. Said costs shall not be considered by either party as support for tax or any other purposes. HUSBAND shall have no obligation to pay any portion of nonreimbursed medical expenses for WIFE. 3. USE OF CHILD AS A TAX EXEMPTION : :::: : :::= :h~~l have me rlghL W ~~ tll~ parties' saa, , - B",^""~ n ,^~_~M .....:.:. · (>>f l>1~OR f'Ik' g;/1! 0 (, \Lvv.f' 1K')1/) Ih THIS SPACE LEFT BLANK 6/22/06 17 SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~~ t#It ~,.dJ.4' THLEEN M. FANELLI 6/22/06 , 18 !fir rzNd& ~ ~/vllk '. COMMONWEALTH OF PENNSYL VANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared DOMINIC C. FANELLI, JR., who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. d subscribed to before me this ~ day of ~~ NOTARY PUBLIC NOTARiAl ;EA!. BARBAjI~W~Ij!.E,SULUVAN ~/Enli't'dll!lIc ' NEWCUMBERLAND BOROUGH CUMBERLAND COUNTY My Commission Expires Nov 15. 2007 My commission expires: COMMONWEALTH OF PENNSYL VANIA COUNTY OF Cu.~ \::,e.(\Q~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KATHLEEN M. FANELLI, who being duly affIrmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. ",A~~'!a.nd sUEs<:!i~~ tobef()T.t:~~ tl1i~l1_i1I daY of ~ 2006. ~ *"MALIEAL ' , TAMMY S. FAUST, Notary PublIc I.Dwllr AllIn . C\Inb8Itarid ColI NOT PUBLIC /' J Myoo".ml.=IijjiiiI.JWy15lao~ My commission expires: 7 {; tiJ (SEAL) I / 6/22/06 19 DOMINIC C. FANELLI, P1aintifflRespondent VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE KATHLEEN M. FANELLI, Defendant/Respondent NO. 05-5207 CIVIL TERM IN DIVORCE PACSES # 868107855 ORDER OF COURT AND NOW to wit, this 29th day of August, 2006, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement of August 7, 2006 and with the last payment received on August 25,2006, the Alimony Pendente Lite is terminated effective September 1, 2006, with no balance due. BY THE COURT: Edward E. Gui 0, J. DRO: RJ. Shadday xc: Petitioner Respondent Barbara Sumple--Sullivan, Esq. Charles Rector, Esq. Setvice Type: M Fonn OE-OOI Worker: 21005 , . , ~ ,"', ~~.W..;.-.~~$ .j,"'),......:..,;"" '. /-7 o G. ~.",. '\J c~' r1"1r; , '-:7" ~::,;; (' 02: t.:2:C ~(i.-. ';i; c:: ~ .- ....., """ ~ ~ {;-) w c:> 4? :r: ~ 9..." rn F:: -om -oc;; ':~C\ ~~~~ ~S ;:~rn ::::4 q; :< <2 C" W Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5207 KATHLEEN M. FANELLI, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 4, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: December 20, 2006 ~ Dominic C. Fanelli, Jr. . ~ = c..-=> C1" Cl !'l G f' " ~ (A) _I Barbara Surnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street NewCurnberland, PA 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5207 KATHLEEN M. FANELLI, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. DATE: December 20, 2006 C) c: ,...-, (:-:~:::J ;~;=: o ~n Cl i-;-l C-J r-" W -i DOMINIC C. FANELLI, JR. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5207 CIVIL TERM KATHLEEN M. FANELLI Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 4,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. {~~aneft. A~ Date: December 20, 2006 C) ,-- .'::-.;; '" ......~ (;.::::> c.... <::7 ""'1 C") f\) ....... '-.I '1 5! r 11 ::n r-- -r: iff ::!}D /$' ;c,fT) :::-; :~ -.:;: ~ ~... -;:;.. - - (...) -...; . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5207 KATHLEEN M. fANELLI, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on October 10, 2005. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: December 20, 2006; by Defendant: December 20, 2006. 4. Related claims pending: AU matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 7, 2006 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. s. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was nIed with Prothonotary: December 21, 2006. Date Defendant's Waiver of Notice in (c) Divorce was nIed with Prothonotary: December 21, 2006. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff Dated: December 20, 2006 ~ -, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 DOMINIC C. FANELLI, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 - 5207 KATHLEEN M. FANELLI, Defendant : CNIL ACTION - LAW : IN DNORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Su1livan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Charles Rector, Esquire 1104 Femwood Avenue Camp Hill 170 11 DATED: December 20, 2006 Bar a Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff o c I'-..:l C::.:.:J- c.:.:) I':;T'\ o -'r} --j ~i~ ::!J f.n r-~ ~, o rr-J () 1"',) C.,) --.! :-r-; : ~ n .: (_-.7.~~ ~.~m 'Ie- :":0 --.,: