Loading...
HomeMy WebLinkAbout06-2188 , o. BRIAN GERARD FAGAN, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; NO.O",- dirt CIVIL TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PAl 70 13-3387. 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 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 , BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO.C)b ~ CIVIL TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301W OF THE DIVORCE CODE AND NOW, comes the Plaintiff, BRIAN GERARD FAGAN by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody. 1. Plaintiff is BRIAN GERARD FAGAN, an adult individual, who resides at 625 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. The Plaintiff has resided in Cumberland County for over one (I) year. 2. Defendant is TRISHA NICOLE FAGAN, an adult individual, who resides at 305 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on March 27, 1999. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. 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. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant has ever been a member of the United States Military Services. 9. Plaintiff and Defendant have one (I) child from their marriage, CAITLIN MACKENZIE FAGAN, born September 17, 1999. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint. Plaintiff, BRIAN GERARD FAGAN, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REOUEST FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(3) OF THE DIVORCE CODE 12. Paragraphs 1 through II of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. , , WHEREFORE, Plaintiff, BRIAN GERARD FAGAN, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. The parties are the parents of the following minor children who reside with the Defendant at this time: NAME AGE SEX DA TE OF BIRTH CAITLIN MACKENZIE FAGAN 6 years Female September 17,1999 16. During the past five (5) years the child has resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM/ TO Plaintiff and Defendant 305 South Washington Street 1999 to March, 2004 Mechanicsburg, P A Defendant 305 South Washington Street March, 2004 to Present Mechanicsburg, PA 17. Plaintiff 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. Plaintiff 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 interests of the child will be served if Plaintitl' and Defendant have Shared Legal Custody and Defendant has Primary Physical Custody and Plaintiff has Partial Physical Custody oftheir child. WHEREFORE, Plaintiff, BRIAN GERARD FAGAN, requests this Honorable Court grant Plaintiff, BRIAN GERARD FAGAN, and Defendant, TRISHA NICOLE FAGAN, Shared Legal Custody of the minor child, CAITLIN MACKENZIE FAGAN, and Defendant, TRISHA NICOLE FAGAN, Primary Physical Custody and Plaintiff, BRIAN GERARD FAGAN, Partial Physical Custody of the child, CAITLIN MACKENZIE FAGAN. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. "'. i / ,/ .. Dated: April 6, 2006 ," . . , ~ VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. SRI ----- DATED: '-I-6.0b ~,...~ ~J - ~ _____ s:t" ~~- '€'. 0 ~\ e\~ " ) 1 \..:.' -"', ....,..- --- C) ,-,it c} , BRIAN GERARD FAGAN, PLAINTIFF vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; NO. ()f9-~{W CIVIL TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the DefendantlPetitioner. You may lose money or property or other rights important to you. 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 1-800-990-9108 ~ BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. CIVil" TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR CUSTODY COMPLAINT FOR CUSTODY AND NOW, comes the Plaintiff, BRIAN GERARD FAGAN, by and through his counsel, Susan Kay Candiello, Esquire, ofthe Law Firm of Susan Kay Candiello, P.C., and files this Complaint for Custody upon a cause of action of which the following is a statement: 1. The Plaintiff (hereinafter sometimes referred to as "Father") is BRIAN GERARD FAGAN, who currently resides at 625 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant (hereinafter sometimes referred to as "Mother") is TRISHA NICOLE FAGAN, who currently resides at 305 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff seeks Shared Legal and Partial Physical Custody of the following child: ~ Present Residence Date of Birth CAITLIN MACKENZIE FAGAN 305 South Washington St September 17, 1999 Mechanicsburg, PA 4. The child was born ofthe parties' marriage. , ~ 5. The child is presently in the custody of the Defendant, who resides at 305 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055 6. Since 2000 the child has resided with the following persons at the following addresses: PERSONS ADDRESS DATES Plaintiff and Defendant 305 South Washington Street January 2000 to March 2004 Mechanicsburg, PA Defendant 305 South Washington Street March 2004 to Present Mechanicsburg, P A 7. The Mother of the child is the Defendant, Trisha Nicole Fagan, who currently resides at 305 South Washington Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. Father and Mother have filed for divorce. 8. The Father of the child is the Defendant, Brian Gerard Fagan, who currently resides at 625 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. 9. The relationship of the Defendant, Trisha Nicole Fagan, to the child is that of the Natural Mother. Mother resides at 305 South Washington Street, Mechanicsburg, P A 17055. 10. The relationship of the Defendant, Brian Gerard Fagan, to the child is that of the Natural Father. Father currently resides at 625 Park A venue, New Cumberland, Cumberland County, PA 17070. 11. The Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 12. Plaintiff has not participated as a party in any prior custody agreement concerning the custody ofthe child in any other court in Pennsylvania. 13. Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth at this time. 14. The best interests and permanent welfare of the child will be served by granting the relief requested because: A. Mother and Father both love this child and want to be actively involved in the child's life; B. Father's employment schedule does not permit him to have joint or shared custody of his daughter. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. WHEREFORE, Plaintiff, BRIAN GERARD FAGAN, requests this Honorable Court award the Plaintiff, BRIAN GERARD FAGAN and the Defendant, TRISHA NICOLE FAGAN, SHARED LEGAL CUSTODY of the parties' minor child, CAITLIN MACKENZIE FAGAN and the Defendant, TRISHA NICOLE FAGAN, PRIMARY PHYSICAL CUSTODY and the Plaintiff, BRIAN GERARD FAGAN, PARTIAL PHYSICAL CUSTODY of the minor child, CAITLIN MACKENZIE FAGAN. Respectfully submi tted, LAW FIRM OF SUSAN KAY CANDIELLO, P.c. Dated: April +1. 2006 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. ,-+ -0-- 0 10 c---' DATED: ------ r- - - t", (-.) ~) \-:0 ~'v , 'n 1'< :~ - " \"1 ----. ~ .....j " ~' \.() ~. (J~ <:::> . "-"", VI, -. \J\ \ .--- ~. .. }; --J r') '-n ..r_ ------ .......... () C) U -.....) c:J. BRIAN GERARD FAGAN PLA[NTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 06-2188 CIVILACTIONLAW TRISHA NICOLE FAGAN IN CUSTODY DEFENDANT ORDER OF COURT Frida)', April 28, 2006 , upon consideration of the attached Complaint, AND NOW, it is hereby directed that pm1ies and their respective counsel appear before Melissa P. Greevy, Esq, , the conciliator, at MDJ l\1anlo"e,I~OI~tate St., Camp Hill, PA 17011 on ~---.I'riday, May 26, 2006 at 2:30 PM ~---~ -~~. for a Pre-llearing Custody Confercnce. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplisbcd, to define and narrow the issues to be heard by tbe court, and to enter into a temporary order. All children agc 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 Ahuse 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 ofCul11berland County is required by law to comply with the Americans with Disabilitcs 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 A TTORNEY AT ONCE, IF YOU DO NOT HA VE 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 170 [3 Telephone (7[7) 249-3166 0C'~ fzt?;2 /"f/",711/ ~J _~? _;T, ~-'2'''';/ ?~'p~ ;rr'P po' /fY'''' ~ PC' :\ 1 c' '" 9c7Jf/~ "N J.r' 11 '7:7 'Jrn \. . -' BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 06-2188 CIVIL TERM TRlSHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION -LAW : ACTION FOR DIVORCE I CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the day of , 2006, before me, the subscriber, a Notary Public, personally appeared SUSAN K.A Y CANDffiLLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Brian Gerard Fagan, Plaintiff in the above-captioned matter. 3. On May 4, 2006, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being CertifiedlFirst Class Mail, restricted delivery, return receipt requested, Article No. 7005 1820 ??oo 5959 5738, and addressed to the Defendant, Trisha Nicole Fagan, 305 South Washington Street, Mechanicsbrug, PA 17055. 4. The return receipt card signed by the Defendant, Trisha Nicole Fagan, showing a date of service of May 6, 2006, is attached hereto as Exhibit "A". " 5. Service by certified mail meets the requirements of Pa.R.C.P. 404(2) and Pa.R.c.P. 403. ,2006. b c "ion Expires:~f 8DjJffY7 SWORN TO AND SUBSCRIBED before me, a Notary Public, COMMONWEALTH OF PENNSVLVANIA NOTARIAL SEAL SUZANNE M. DEOERER, Notary Public Camp Hill Boro, Cumberland County ~~_o'.!'.~issio~,~xpires Aug. 20,.2009 .. . Complete items 1, 2, and 3. Also complete item 4 If AestrIcted Delivery Is desired. . Print your name and address on the reverse so that we canretum the card to you. . Attach this card to the back of the mallpiece; or on the front If space permits. 1. ArtIcle Addressed to: ~;~~r\l;~ T ~ -JouA W4~~J}-. ~y~,~bu~ PA \10SS 2. ~ Number (lIInIjlIr lh:Im .....1ab6i). PS Form 3811, February 2004 o Agent o Addnls8ee, C. Date of Delivery D. Is deHveIy addrells different from Item 1? 0 Yes If YES, enter delivery addl1l8S below: 0 No 3'E' 'Jype CertIlIed Mall 0 ExpnIea Mall RegIstenld.D Return ReceiPt for Merch8r1d1s8 o Insured Mall 0 C.O.D. . 4; RestrIcted Delivery? (Extra Fee) 0 Yes 7005 1820 0000 5959 5738 DomestIC Return Receipt ~1540 Exhibit "A" Direct Query - Intranet - "Quick" Search Page 1 of 1 .. -.. UNITEDSBTES ' _ ~;..-- Pt)STfJL SEf(\lJ([- iill Track/Confirm - Intranet Item Inquiry - Domestic Item: 7005 1820 0000 5959 5738 Date/Time Mailed: 05/04/2006 12:23 Destination Origin ZIP Code: 17055 ZIP Code: 17055-3459 City: MECHANICSBURG City: MECHANICSBURG State: PA State: PA Class: First Class Anticipated Delivery Date: 05/05/2006 Weight: 0 Ib(s) 4oz(s) Delv Rqmt: Normal Postage: $1.11 PO Box?: N Special Services CERTIFIED MAIL RETURN RECEIPT Associated Labels 7005 1820 0000 5959 5738 Amount $2.40 $1.85 Event Date/Time Location Scanner 10 MECHANICSBURG, PA 17055 POS2480055 DELIVERED 05/06/2006 09: 29 - (A PS Form 3849, Delivery Receipt, has not been appended to this record. If the item was recently delivered, the Delivery Receipt may not yet have been scanned.) NOTICE LEFT ACCEPT OR PICKUP 05/05/2006 12:31 05/04/2006 12:23 MECHANICSBURG, PA 17055 L135295 MECHANICSBURG, PA 17055 Enter Request Type and Item Number: Quick Search @) Extensive Search 0 I Submit I Version 1.0 Inquire on ml,JJt[Plejtem~. Go to the Product Tracking SystemHQmeJ:'_gge. http://pts.usps.gov/pts/labelInquiry .do 5/11/2006 (') r,; -rJ& n-~rn 2_'_~tj ~'~: ";;':i) ''-0 i:>c.: ~ ,..~.., ,-, -'Ii ::rJ ,-i1 ;JJ :'11 C'] T (--I -~:i () jhn -'<..... 1..0 --n _.;t." (fj C) , . BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA VS. : NO. 06-2188 CML TERM TRISHA NICOLE FAGAN, DEFENDANT : CML ACTION - LAW : ACTION FOR CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff (hereinafter sometimes referred to as "Father") is BRIAN GERARD FAGAN, 625 Park Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070. The Defendant (hereinafter sometimes referred to as "Mother") is TRISHA NICOLE FAGAN, who currently resides at 757 Erford Road, Camp Hill, Cumberland County, Pennsylvania, 17011. CAITLIN MACKENZIE FAGAN hereinafter sometimes referred to as "Caitlin"), born on September 17, 1999, is the subject of this Stipulation for Agreed Order of Custody and is the natural child of the Plaintiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor child to have a meaningful ongoing relationship with both her natural Mother and natural Father, provided the child is in a safe environment. WHEREFORE, Plaintiff, BRIAN GERARD FAGAN, and Defendant, TRISHA NICHOLE FAGAN, have entered into a mutual agreement regarding the custody of their child and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa.C.S.A. Section 5302) of their minor child, CAITLIN MACKENZIE FAGAN. . . 2. All decisions affecting their daughter's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their daughter, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a hannonious policy in their daughter's best interest. 3. Mother and Father agree to keep the other informed of the progress of their daughter's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of their daughter. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their daughter. 4. While in the presence of their daughter, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom their daughter should respect and love. 5. It shall be the obligation of each parent to make their daughter available to the other in accordance with the physical custody schedule and to encourage their daughter to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom Caitlin is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend day care and/or school conferences and activities. The Father's name shall be listed with the day care and/or school as the alternative parent able to pick up the child, to be contacted in the event of an emergency and to be notified regarding school events. 9. Neither Mother nor Father shall schedule activities or appointments for their daughter which would require their attendance or participation at said activity or appointment during a time when their daughter is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. Defendant shall have Primary Physical Custody and Plaintiff shall have Partial Physical Custody of their minor child, Caitlin Mackenzie Fagan according to the following schedule A. During the school year, Father shall have his daughter every Thursday after school until 8:00 p.m. Father shall then have his daughter Friday after school through Saturday at 12:00 p.m. If his daughter does not have school on Thursday and/or Friday, Father shall have his daughter the entire day of Thursday, Thursday night and Friday. Should Father's schedule change, Father shall have the same amount of time or more with his daughter, in accordance with his new work schedule; B. During Summer, (when his daughter is not in school), and at other times when his daughter is not in school, Father shall have the option of getting his daughter every Wednesday evening or Thursday morning through Saturday at 12:00 p.m; C. The parties shall alternate the following holidays. Father shall have the even numbered holidays and Mother the odd numbered holidays in the even numbered years. To alternate annually thereafter: 1) New Year's Eve and Day, (this holiday shall be determined by the year in which the New Year's Eve occurs); 2) Easter; 3) Memorial Day; 4) Independence Day; 5) Labor day; 6) Thanksgiving Day. D. Christmas. Mother and Father shall alternate Christmas with Mother getting Schedule B in the even numbered years and schedule A in the odd numbered years. Father shall have Schedule B in the odd numbered years and schedule A in the even numbered years, to alternate annually thereafter. 1. To begin Christmas Day at 2:00 p.m. through December 26 at 9:00 p.m. 2. To begin Christmas Eve Day at 9:00 a.m. through Christmas Day at 2:00 p.m. E. Father shall have his daughter on Father's Day and Mother shall have her daughter on Mother's Day; H. Should Father's work schedule prohibit his from having a holiday with his daughter, Father shall be able to request alternative equal time to be with his daughter; I. During all holidays and other special times of custody, visitation shall extend from 5:00 p.m. the evening before the special custody period through the morning after the last day of the special custody period or until such times as Mother and Father can agree upon; J. Father shall have the option to request two (2) consecutive or unconsecutive weeks of vacation during the summer. Father may choose to take these two (2) weeks of vacation in any groups of times which he chooses. Father shall provide Mother with a minimum of two (2) weeks notice when he wants to have his daughter for his vacation periods; K. If the child has a school vacation day when Father is not working, he may have visitation with his daughter; L. The parties are encouraged to discuss and cooperate with each other when sharing and making requests for changes in periods of visitation. All permanent changes in periods of custody from those contained in this custody agreement shall be made in writing and signed by both parties; M. All holidays, vacations, and specially designated times for visitation with their daughter shall supersede the regularly scheduled visitation. 11. Mother and Father agree to contact each other in a timely manner to give each other "Right of First Refusal" for any time when they will not be with their daughter for more than eight (8) hours. Such times shall include, but not be limited to, days their daughter is ill and unable to attend school, any days their daughter is not scheduled to be in school, snow days, any time a parent is scheduled to be out of town, any time a parent will be attending another event and/or activity, etc. 12. If for any reason a party does not have their daughter for their scheduled visitation, that same party shall be entitled to additional time equal to the time they did not have their daughter from the time of the other party 13. Mother and Father agree to share transportation equally, with the party beginning their period of visitation being responsible to get their daughter. The parties may designate any competent adult to provide transportation for their daughter if they are not unable to do so them selves. 14. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their daughter. 15. The parent with physical custody of their daughter agrees to keep the other parent fully aware and informed of any successes, difficulties, activities, emergencies, etc., in which their daughter has become involved. 16. Mother and Father agree to provide each other with current information regarding the day care provider and any other individuals and/or activities in which their daughter is in the care of an adult other tban an activity within their daughter's school. Mother and Father also agree to have each other listed as an emergency contact with that adult and/or agency. 17. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: b/I/;-{)6 , 2006 DA TED: ~-- /t.t -Dr; ,2006 , . COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF Cv~ 6,1 ~~ On this, the J..:i!:"day of.~v,-.).- ,2006 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when BRIAN GERARD FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. ::R~~~ Notafy Pun . My Commission Ex . NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hili 8oro, Cumberland County My Commission Expires April 14,2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C"-....... ~~ \~~ SS: On this, the .LL day of j U,)J'>-' , 2006 before me, a Notary Public, the undersigned officer, personally appeared SUSAN KAY CANDIELLO, known to me (or satisfactorily proven) to be a member of the bar of the highest court of said State and a subscribing witness to the within instrument, and certified that she was personally present when TRISHA NICOLE FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody and acknowledged that she executed the same for the purpose therein contained. m~ss WHEREOF, IMve~mY~~:;}~* My Commission Expires: - NOTARIAL SEAl I LOUIS J. LORE, Notary Public : c: ~.. '-lill Sort). Cumberland County 1 ^ "'I l' ~"0-' . '",U'''''', _',11 <..1 p.'" '''..:J.:'I',J' f..,,' : ) "'ft ---{ ~.2] 1'-,,) -:-', -,._, f'"J :..,:;; f') ~D C' --<. .~ .. BRIAN GERARD FAGAN, PLAINTIFF VS. TRISHA NICOLE FAGAN, DEFENDANT o RECEIVED JUN 222006? r : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : NO. 06-2188 CML TERM : CIVIL ACTION - LAW : ACTION FOR CUSTODY ORDER OF COURT AND NOW, thiS> ~daY of r ' 2006, upon consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, BRIAN GERARD FAGAN, and Defendant, TRISHA NICOLE FAGAN, shall SHARE LEGAL CUSTODY and Plaintiff, BRIAN GERARD FAGAN shall have PARTIAL PHYSICAL CUSTODY and Defendant, TRISHA NICOLE FAGAN, shall have PRIMARY PHYSICAL CUSTODY of their minor child, CAITLIN MACKENZIE FAGAN, in accordance with the language contained in the within Stipulation. \0 ~\:) ~l'y CJ J. ,f. S' :ZI/:'d LZ 9UUZ ]i-Il ::.10 3~XJ"!: -0311:1 JUL 2 7 Z006~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2188 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY BRIAN GERARD FAGAN, v. TRISHA NICOLE FAGAN, Defendant AND NOW, this day of July, 2006, counsel for the Defendant having requested a thirty (30) day continuance on May 24, 2006, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. ehssa Peel Greevy, Esquire Custody Conciliator :279435 l( tZ 1'" F:2 :,J " :.,1-\1 -' o BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA V8. : NO. 06-2188 CML TERM TRISHA NICOLE FAGAN, DEFENDANT : CML ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 19, 2006. Defendant was served a true copy of this complaint on May 6, 2006. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the service of this Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ;1 ~ ;lb ~O I:, DATE o c s: -oi.T rrlr1 ?.. '~.X' 't7~!~ - 2t: l~ ~ .. r....) = = Cl"' (/) r-1 -0 N U1 ~ ~~ --.::lrn ::JJ Y 'j~~J 6~ -.'-\ .~~> ~:O :..c:: :.P'" :.z: - - x:- c:> (7 BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 06-2188 CML TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330l(c) OF DIVORCE CODE I. 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. '3- J6~ 06 DATE (") s;; ~,,- "'o(:e ITlf:> Z'.";. 7L. VJ:_> ~. <: ;;> .'- ;S (":> J>C :2: =;! r---:J = = 0'" U? fTl -0 N (J1 o -n oo:--l :r:l :n f'1r- -err; -Uy ~~ ~ ~ :x> ::i: - .. r- eo o BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 06-2188 CIVIL TERM TRlSHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 19, 2006. Defendant was served a true copy of this complaint on May 6, 2006. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the service of this Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~~~--D~ DATE ()~ W ~ TRISHA NICOLE FAGAN Q c "-' ~>- "'0 CD \"f\n' '~." (f) /, i2.t.. %~~~,'i 7<;~, ~ ~ ~ eft r."\ '"'0 ~ ~ ..-\ ~~ -003, --:JJ'-( QC) :t~.\ 0""" z:.~ g ~ ::<:. ~ -" - - ;;;" -1 c BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA VS. : NO. 06-2188 CML TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE I. 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 in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ){?,-O~ DATE d;J~ ~/ TRISHA NICOLE FA AN () r;;; ""- 'JfT qJ(_~- z{ 0!L r";:' cO: <"- ~t_-' L--".'; $~ Z :;l ... f'oooo.;) = = er- e/) fTl v N Ul ~ ::!1: o ., ~-n mF .......m ."-' ~" :0 ,) Ql ,~:fj ':70 Om ~ -< .t.- ex> o ~TALPROPERTYSETTLEMENTAGREEMENT Tms AGREEMENT is entered into this ~ day of J}-:7tAsf between BRIAN GERARD FAGAN and TRISHA NICOLE FAGAN. , 2006, and RECITALS Wife's Birthday and Social Security Number: February 13, 1979 J'~' ~C> -?J (pc, Husband's Birthday and Social Security Number: August 28, 1973 173-70-8907 Place of Marriage: March 27, 1999 {,-,.c-~. {.. {CJMti.oN-~~ Date of Marriage: Last Marital Residence: 305 South Washington Street, Mechanicsburg, P A 17055 Date of Separation: March 1,2004 Children: CAITLIN MACKENZIE FAGAN, born on September 17,1999 Pending Court Proceedings: None Divorce Court of Common Pleas No. 06-2188 Civil Term of Cumberland County, Pennsylvania WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective fInancial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideratio~ receipt 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 PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND 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. (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 Of 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 former or future acts, contracts, engagements or liabilities of 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 of 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. 2 (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. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a fInal judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 31 05( c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for ftling these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defmed as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defmed as the date of execution by the party last executing this Agreement. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Husband. Wife has been apprised of her need for counsel and has waived her right to counsel. (Please see Waiver of Right to Counsel attached hereto and made a part hereof at Exhibit "A".) The parties acknowledge that each has been advised of their right to obtain independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 4 INTEGRATION lbis Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than sixty (60) days after demand is made by the other party, execute 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. NO WAIVER OF DEFAULT lbis 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 the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. ~ROFGnnNGNOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Trisha Nicole Fagan, at 757 Erford Road, Camp Hill, PA 17011, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Susan Kay Candiello, Esquire, at Law Firm of Susan Kay 5 Candiello, P .C., 4010 Glenfinnan Place, Mechanicsburg P A 17055, or such other address as Husband from time to time may designate in writing. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. 6 TAX LIABILITY The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale of exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue, which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have agreed upon a division of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and 7 other personal property. Within thirty (30) days of the execution of this Agreement, Husband shall be able to remove the property the parties have agreed shall be Husband's property. At that time the parties agree the property which is 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. At that time the parties will specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. 2. VEmCLES With respect to the vehicles owned by one or both of the parties, the parties have agreed upon the following: A. The parties have agreed Wife shall keep the 1995 Isuzu Rodeo, which is titled in Wife's name. There is a loan on this vehicle, which is in Wife's name alone. Wife agrees to be fully responsible for this loan. The 1995 Isuzu Rodeo shall hereafter be the sole and exclusive property of Wife. Wife shall hereafter be solely responsible for all liens, loans, insurance payments, repairs and maintenance of this vehicle. B. The parties have agreed Husband shall keep the 1989 Jeep Cherokee, which is presently titled in Husband's name alone. There are no loans for this vehicle. The 1989 Jeep Cherokee shall hereafter be the sole and exclusive property of Husband. Husband shall hereafter be solely responsible for all liens, loans, insurance payments, repairs and maintenance of this vehicle. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof or within thirty (30) days of the execution date, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax- free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. 3. BANK ACCOUNTS The parties had a joint bank account, which they have divided the contents of this account between them and closed this bank account. The parties may at any time establish their own individual checking accounts. Husband and Wife agree they shall have no right, title or interest in each other's individual checking accounts. 4. RETIREMENT INTERESTS 8 Wife does not have any retirement account. Husband's retirement account with Dauphin County has not yet vested, so he does not have any retirement account for marital purposes at this time. The parties agreed to execute in a timely manner all documents necessary to accomplish the division of retirement funds as stated in Section 4. Retirement Interests in the previous paragraphs. 5. MARITAL RESIDENCE Marital ResidenceN alue The parties have agreed to sell the marital residence. The house has sold for approximately One Hundred Two Thousand Five Hundred Dollars and No Cents ($102,500.00). There is minimal equity in the marital residence. The parties agreed Wife would take the equity in the marital residence. Marital ResidencelIncome Tax Deductions Husband shall have all of the deductions from the marital residence for income tax purposes for the year, 2006. 6. JOINT DEBTS AND LIABILITIES The parties have no joint debt at the time of the execution of this Agreement. The parties have agreed to cancel and/or close all joint credit cards. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may incur in the future or has been previously incurred with respect to the parties' assumption of responsibility for the above identified mortgages, loans and debts as stated above. 7. LIFE INSURANCE Neither Wife nor Husband have any life insurance. 8. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. 9 B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification tIS to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including reasonable attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 9. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 10. SPOUSAL SUPPORT, ALIMONY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 11. INCOME TAX RETURNS 10 Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 12. COUNSEL FEES AND EXPENSES Husband has agreed to be responsible for all costs and expenses including counsel fees incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~~L 2/~ WITN SS ~;,( ~a fltv TRISHA NICOLE FAGAN WIFE ~ B . G AGAN HUSB ~44' q 1JM COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the tL & day f , 2006, before me, a Notary Public for the Commonwealth of Pennsylvania, undersigned officer, personally appeared BRIAN GERARD FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSVLVANIA ~ NOTARIAL SEAL ~ ~ BARBARA STUMP, Notary Public .. . Camp Hill Boro, Cumberland County Notary PublIc My Commission Expires Nov. 12, 2006 My Commission Expires: 11 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the (J & day of -6 , 2006, before me, a Notary Public for the Commonwealth ofPennsylVi .a, the undersigned officer, personally appeared TRISHA NICOLE FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA BARBAR:~~tRIAL SEAL . Camp Hill B MC'P, Notary Public My C,:~ om.:. umber land County L om'~i:>S'Otl eXpire.: Nov 1" 200 ....._ 'U~___. __<<=.~.....~_".",...::,~,~~~ ~kU'-. ~/ Notary Public My Commission Expires: 12 BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 06-2188 CIVIL TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE WAIVER OF RIGHT TO COUNSEL FOR MARITAL PROPERTY SETTLEMENT AGREEMENT I, TRISHA NICOLE FAGAN, do hereby acknowledge that I am the Husband in this divorce action. I have agreed to and executed the attached Marital Property Settlement Agreement voluntarily. I am not under any duress, nor were there any threats or promises made to me to coerce my execution of this Agreement. I fully understand my property rights as Wife in this divorce action are detennined by this Marital Property Settlement Agreement. I agree to fulfill my responsibilities and obligations under this Marital Property Settlement Agreement. I have been advised of and do hereby waive my rights to an attorney to represent me on the issue of the Marital Property Settlement Agreement. Date: "8 - ..?6 ~ , 2006 j;;J~~ TRISHA NICOLE FAGAN COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the :J (p day of , 2006, before me, a Notary Public for the Commonwealth ofPennsylv the undersigned officer, personally appeared TRISHA NICOLE FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Waiver of Right to Counsesl, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. COMMONW~.&:ItL..Qf PENNSYLVANIA BARBAR:~~~~'~l ID:L-" Camp Hill 8 '~" Notary Public ,~~~~~:)Si~~o::~~~~~~~r~~)~112~~~~~ """"",-""""... ~W~ ~/ Notary Public My Commission Expires: EXHmIT "A" o ~ -t.1 trJ "'-" .....7 "::;; C/S --. f" ~ ~~~; :2 r-' C? ~ (/) C6 N ()i ~ :;)~ - -- Q, -4 :r>1'"\ 0'C :g'.::~) S~~l ~>,~,.'-. ~:::'-\ Y ?;! .:;:- """ CJ BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. : NO. 06-2188 CIVIL TERM TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE STIPULATION FOR CHILD SUPPORT WHEREAS, Plaintiff, BRIAN GERARD FAGAN (hereinafter sometimes referred to as "Father"), and Defendant, TRlSHA NICOLE FAGAN (hereinafter referred to as "Mother"), now seek to resolve matters regarding child support; and WHEREAS, the parties do not wish to utilize the Domestic Relations Section of Cumberland County Court of Common Pleas and have agreed to enter into this Agreement based upon the current circumstances of the parties. This Agreement shall be subject to modification by the Court in the event of changed circumstances. Either party may attempt to reach an agreement with the other party in the event of changed circumstances or may file a petition with the appropriate Court to modify this Agreement. NOW THEREFORE, the parties agree as follows: 1. Trisha Nicole Fagan shall have Primary Physical Custody and Brian Gerard Fagan, shall have Partial Physical Custody of their minor child, Caitlin Mackenzie Fagan. 2. The parties have agreed Father shall pay to Mother each month, the sum of Four Hundred and Fifty Dollars and No Cents ($450.00) representing child support for one (1) month. Father shall pay this amount to Mother in two (2) monthly payments at the time Father is paid by his employer. 3. Mother and Father agree to be responsible for any ordinary everyday expenses which occur during their individual custody periods with their daughter. 4. The parties have agreed at this time Father shall provide medical, dental, and vision insurance for their daughter. Mother shall be responsible for the first Two Hundred and Fifty Dollars and No Cents ($250.00) of any uncovered medical, psychological, dental, orthodontia and vision expenses for their daughter each year. Mother and Father agree to be equally (50/50) responsible for their daughter's uncovered medical, psychological, dental, orthodontia and vision expenses after Mother has paid the first $250.00 of expenses each year. 5. The parties have agreed Mother shall have their daughter as an income tax exemption. 6. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. 7. The provisions of this support stipulation pertaining to child support may, at the request of either party, be entered as an amicable Order of Support in the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other Court having jurisdiction. Whether or not the same are entered as an amicable Order of Support, the provisions of this support stipulation pertaining to child support shall be subject to review and modification at any future time by a Court having jurisdiction, at the request of either party, based upon substantial change of circumstance, the same as if they were entered as an Order of Support pursuant to Pa.R.C.P. 1910.1, et seq. ~~e~ ~/r1Ai ~U COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On this, the d- L, day of -b , 2006, before me, a Notary Public for the Commonwealth of Pennsylvania, undersigned officer, personally appeared BRIAN GERARD FAGAN known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Support, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. ;2, ~ a. ..,otu~;J ~ Pubhc L._ .~ \ J;;) '00 ~ My Commission Expires: r} u v , C7' COMMONWEALTH OF PENNSYLVANIA NoTAr<tAL SEAL BARBARA STUMP, Notary Public Camp Hill BOrG, Cumberland County My ~~~I~:;S':::, EJ~~'."::. ~~~: .~.:2006 COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND On this, the ,-::) & day 0 ~ , 2006, before me, a Notary Public for the Commonwealth ofPennsylv a, the undersigned officer, personally appeared TRISHA NICOLE FAGAN known to me or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Support, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. t2-.., ~ ~fJ (~bliC - . My Commission Expires: COMMONWEALTH OF PENNSYLVANIA N(riKRTA[ SEAL BARBARA STUMP, Notary Public Camp Hili 80m, Cumberland County My Commi$~;ion Expkes Nov. 12, 2006 () ~ <":. 't)('j. ,,'1 r: -,r :,; . ;r~ f~ ~~.~:_, I__C "'"- ~2 z .~ r--.) = C~':') c:I"' (/) rri -0 N U1 o -n ~1-n rtp -Urr; ::rJY r") .;.. '::';~f~ L't-i '2(") ~In U ...-\ -j:> ~ ::t:'ll" :J: U1 , l ~ o BRIAN GERARD FAGAN, PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO. 06-2188 CIVIL TERM . . TRISHA NICOLE FAGAN, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 330 I (c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant, Trisha Nicole Fagan, s~ed the Return Receipt for the Certified Mailing of the Divorce Complaint on May 6 , 2006. Said Return Receipt was filed with the Cumberland County Prothonotary on May 19th, 2004. 3. Date of execution ofthe Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: August 26th , 2006 Defendant: August 26th , 2006 (a) Related claims pending: None (b) Claims withdrawn: None ( c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. 4. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree J -- Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on August 26th , 2006 by the Plaintiff and on August 26th , 2006 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: September 25, 2004 Susan Kay Candi 10 Counsel for Plaint P A I.D. # 64998 4010 Glenfinnan PI Mechanicsburg P A 17055 (717) 724-2278 () c_: ~ "T)[C f'1lrT ~'-r S; ~;: ......... ~ C:c ~:~, ~~~ -< r--;l = = 0'" (/) IT] -0 N CJ1 o 11 -t :::ell n1- -oFT; :'p9 i~CI ~" ..L11 ;;20 om -I '"'1>- ~ :r:"" :::.: - \..0 ;t; IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF BRIAN GERARD FAGAN. Plaintiff 06-2188 CNIL No. VERSUS TRISHA NICOLE FAGAN. Defendant I, ,I il ;t; ;jl DECREE IN DIVORCE o c... ~o b t,.( 3 , IT IS ORDERED AND 2006 +. !Ii !Ii AND NOW, BRIAN GERARD FAGAN. DECREED THAT , PLAI NTI FF, TRISHA NICOLE FAGAN AND , DEFENDANT, 'Ii ARE DIVORCED FROM THE BONDS OF MATRIMONY. ** !Ii ;jl 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; ** IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreeplent dated 08/26/06 !Ii are incorporated herein but not merged, for enforcement only. J. + + .. +'> .. .. PROTHONOTARY ff' 'f. ;1'", +. it' +. + .. .. +. + +. +.+ . ;#2: ~ ~ 1(J s;-- ill ~ ~ -? ~ ~ _ f"'? ")rJ- S - (// t " ..,. . ~ I,; '.' ~ '.', .'.. ..