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HomeMy WebLinkAbout02-2825GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :No. _ : CIVIL ACTION - DIVORCE 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 decre~ of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ~LP. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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 of business before the Court. GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - DIVORCE C~I'~MPI.AINT U~IIM~R ,~I~,~TI~r~N 33fll (e) OR 33fll(d) (}iq' TIlE IMV~R~E TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Gaspere C. Geraci, by his attorneys, SMIGEL, ANDERSON & SACKS, and represents as follows: COgeNT I 1. Plaintiffis Craspere C. Geraci, who currently resides at 721 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania, and has resided there since on or about July 1985. 2. Plaintiffs Social Security No. is 526-11-3175. 3. Defendant is Tammy M. Geraci, who currently resides at 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania, and has resided there since on or about November, 2001. 4. Defendant's Social Security No. is 197-50-8383. $. Both Plaintiffand Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaim. 6. The Plaintiffand Defendant were married on May 18, 1996, at Enola, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff avers that there are children of the parties under the age of 18, namely: JOSEPH A. GERACI born April 15, 1997 NICHOLAS A. GERACI born July 7, 1998 WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: ~ (~ ~ ~.c~.. SMIGEL, ANDERSON & SACKS LeRoy Sn~ge~Esqm~e ID ~09617 443~ North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Plaintiff I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. Date: ~'/¢/0 ~, /,C~pere C. Geraci, Plaintiff GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2825 CIVIL TERM · CIVIL ACTION - DIVORCE PRAECIPE TO REINSTATE TO TIlE PROTItONOTARY: Please reinstate the Complaint filed in the captioned matter on June 10, 2002, and deliver it to the Sheriff for service on Defendant Tammy M. Geraci at the following address: TAMMY M. GERACI 33 HEIDI TERRACE CAMP HILL, PA 17011 Dato: SMIGEL, ANDERSON & SACKS, LLP By: LeRoy~Smi 1 ~9617 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff SHERIFF' S RETURN - REGULAR CASE NO: 2002-02825 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERACI GASPERE C VS GER-ACI TAMMY M RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon GERACI TAMMY M the DEFENDANT , at 1735:00 HOURS, on the 12th day of July at 33 HEIDI TERP~ACE , 2002 CAMP HILL, PA 17011 TAMMY M GERACI a true and attested copy of COMPLAINT - by handing to DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this ?~/, day of ~J- ~0~0 ~-~ A.D. Pr6t;honotary So Answers: R. Thomas Kline 07/15/2002 SMIGEL ANDERSON SACKS Deputy Sheriff ///January 9, 20(13 10:15 AM GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 02-2825 CIVIL TERM CIVIL ACTION o DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 10, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed l~om the date of 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. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties or' 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 02-282,5 CIVIL TERM CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (e) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice· I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: I ] ( ~ ].~ ~ E C. GERACI ,,,~Ja'~nti ff ///January 9, 2003 I0:14 AM GASPERE C. GERACI, PLAINTIFF Vo TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 02-2825 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELINC 2002. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 10, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of 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. 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. §4904 relating to unswom falsification to authorities. TAMMY M. GERACI Defendant GASPERE C. GERACI, PLAINTIFF Vo TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PA NO. 02-2825 CIVIL TERM CIVIL ACTION - DIVORCE WA/VER OF NOTICE OF INTEN]ION ~I'O REQUEST ENTRY OF A DIVORCE DECREE UNDER SF~CTION 3301 (e) OF THE DIVORCF~ CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 unswom falsification to authorities. Date:_~~ _ TAMMY M. GERACI Defendant 658.6-1-4/PRPtECIPE TO TRANSMIT/LRS/vlf GASPERE C. GERACI, PLAINTIFF TAMMY M. GERACI, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2825 CIVIL TERM CIVIL ACTION - 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: July 12, 2002, by Cumberland County Sheriffs Office· 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on January 13, 2003; and by Defendant on January 30, 2003. 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: not applicable. Prothonotary: Prothonotary: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the January 22, 2003. Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the February 7, 2003. Date: February 18, 2003 SMIGEL, ANDERSON & SACKS Le Esquire ID #09617 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiff MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~--'~ day of ,~"LL/q c_ ,2002, by and between TAMMY M. GERACI - A N D - GASPERE C. GERACI of 33 Heidi Terrace, Camp Hill, Cumberland County, Pennsylvania and 721 Alberta Avenue, Mechanicsburg, Cumberland County, Pennsylvania, respectively. WHEREAS, the parties hereto are Husband and Wife having been married on May 18, 1996 at Enola, Pennsylvania. WHEREAS, two (2) children were bom of this marriage; said children being: Joseph A. Geraci and Nicholas D. Geraci. 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 desire to settle fully and finally their respective financial and property fights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; settling of all matters between them relating to the past, present and future support and/or maintenance of the children; the implementation of custody/visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. WHEREAS the parties entered into a Prenuptial Agreement on May 14, 1996, which they hereby affirm. NOW, THEREFORE, in consideration of the foregoing ipremises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation, The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart fi.om each other and to reside from time to time at such place or places as they shall respectively deem fit, flee from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action will be filed in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter no later than January 15, 2003. Thereafter, counsel for Husband shall file a Praccipe to Transmit Record and obtain a divorce decree. 2. .Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. 1998 Pontiac Transport Sportvan. Husband shall transfer title of this vehicle to Wife. Wife shall be responsible for obtaining her own automobile insurance. B. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without 2 limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401 (k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Compliance With Term~ of May 14, 1996 Prenuptiai Agreement The parties confirm that they have fully complied with the terms of their Prenuptial Agreement, relating to their responsibilities to each other in the event of separation or divorce, including, but not limited to, all payments due to Wife upon the parties' separation or divorce..Any payments due to Wife ninety (90) days after the entry of a divorce decree are hereby waived by Wife in exchange for Husband's agreement to pay the debt associated with the Pontiac Sportvan being transferred to Wife. Wife shall not be entitled to any additional payments under the Prenuptial .Agreement. 4. Taxes. The parties have agreed to jointly file their federal income taxes for the year 2002, if is mutually beneficial for them to do so. The 2002 tax refund or liability shall be divided between the parties in proportion with their incomes. 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 6. .Transfers Sub|ect to E~ri~ting Lien.q. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 3 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any fight, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the fights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Right,, Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereaiter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any fight,, title or interest she may now or hereaiter have in any tangible or intangible assets now belonging to Husband. 10. 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 hereaiter acquired by him or her, 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. 11. follows: Debts. Husband and Wife agree to be responsible for the joint debts of the parties as Within 30 days of the date of this agreement, Husband shall pay, in full, the debt associated with the vehicle being transferred to Wife. Except as set forth above, Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 12. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless fi.om all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and fi.om all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other fi.om any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 14. ~ A. There is cun'ently a Support Order entered through the Cumberland County Domestic Relations Office at Docket Number 00051 S 2002 and PACSES Number 252104187. This Order shall be vacated and all arrears shall be forgiven. The parties agree to sign the Stipulation attached hereto as Exhibit A. B. Effective January 18, 2002, Husband shall pay to Wife for the use, benefit, support and maintenance of the minor children, the sum of One Thousand Six Hundred ($1,600.00) Dollars per month. Husband's obligation under this paragraph shall be offset by all payments he has made through the Cumberland County Domestic Relations Office pursuant to the Order entered at Docket Number 00051 S 2002 and PACSES Number 252104187. Husband's obligation shall also be offset by the direct payments he has made to Wife since January 18, 2002 for both automobile insurance and vehicle payments for the 1998 Pontiac Transport. It is anticipated that Husband will have overpaid Wife. Husband's monthly payment to Wife shall be offset equally over a period of twenty-four (24) months to offset any credit Husband may be due. C. The support payments set forth herein shall continue until the children shall complete high school, become emancipated, marry, die or attain age eighteen (18), whichever first occurs, at which time they will be reduced proportionately. Upon the youngest child's completing high school, becoming emancipated, marrying, dying, or attaining age eighteen (18), whichever first occurs, the support payments shall terminate. D. Husband shall provide Blue Cross, Blue Shield, Major Medical or equivalent coverage for the benefit of the children for so long as he is obligated to contribute to their support pursuant to the provisions of this agreement. E. Unreimbursed medical, dental and orthodontic expenses shall be divided between the parties with Husband paying Seventy-Five (75%) percent and Wife paying Twenty-Five (25%) percent. F. Wife acknowledges that the provisions herein made for the support, maintenance and education of the children are fair, adequate, reasonable and satisfactory to her. The parties agree that in the event that the mount of the support payments are subject to adjustment by agreement or, if the parties are unable to agree, by a court of competent jurisdiction, the calculations shall be premised on the basis that the parties share custody of the minor children equally. This shall be done regardless of the number of overnights the minor children spend with either parent. G. It is specifically and mutually understood and agreed and recognized by and between the parties hereto that Husband shall claim the U.S. Individual Income Tax and any other federal, state or local income or other tax exemptions for the children and that Wife will not interfere in any way or take any step or do any act which would interfere with Husband securing the benefit of such tax exemptions. Wife will sign the appropriate forms each year to allow Husband to claim these exemptions. 15. Custody. A Custody Order is currently in place and shall be modified as set forth in Exhibit B. The parties agree to sign the Stipulation attached as Exhibit B and to have it adopted as an Order of Court. 7 16. Life Insurance. The children shall be named as sole irrevocable beneficiaries on a life insurance policy insuring Husband's life in the amount of $50,000. Husband shall maintain said policy until the youngest living child attains age 18. 17. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 18. ..Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 19. Indemnification. Each party represents and wan'ants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, for which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 20. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, except for the Prenuptial Agreement between them dated May 14, 1996. There are no representations or warranties other than those expressly set forth herein. 21. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 9 22. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 23. _Execution of Document_s, Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 24. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 25. Severabilit/y. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 26. ApDlicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. Agreement Not to be Mer_ee~l. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 10 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: TAMMY M. GERACI G~PERE C. GERACI 11 COMMONWEALTH OF PENNSYLVANIA : Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, TAMMY M. GERACI, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she execu~ted same for the purposes therein contained. Witness my hand and seal this ~)z~,~ day of ~¢.~c~ ,2002. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUi',i~oERLANb Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, GASPERE C. GERACI, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this ~ day of (~t~4c~.. ,2002. motar~ublic My Commission Expires: I -- Notarial Seal Joanne A. Bradley, Notary Public Harrisburg, Dauphin C0unly My Commission Expires June 3, 2003 ] 2 t,,~Ofnber, Pennsylvanfa Association ot Notaries TAMMY M. GERACI, PLAINTIFF Vo GASPERE C. GERACI, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNS YLVAgiA .' : NO. 00051 $ 2002 .' PACES CASE NUMBER 252104187 : ~ ORDER AND NOW this./~ day o~~ 2002 upon stipulation upon the parties, thc March 11, 2002, Interim Order o£ Court is hereby vacated. Any arrears due under this docket number shall be marked as satisfied in full. Any pending appeals are also dismissed based upon the agreement of the parties. TAMMY M. GERACI, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GASPERE C. GERACI, · DEFENDANT : NO. 00051 S 2002 PACES CASE NUMBER 252104187 STIPULATION AGREEMENT MADE this ,.~ day o~ 2002 by and between TAMMY M. GERACI - AND - GASPERE C. GERACL WHEREAS, the parties have entered into a private agreement for the direct payment of support between the parties. WHEREAS, their agreement is incorporated as part of their marriage settlement agreement. NOW, THEREFORE, the parties stipulate and agree as follows: 1. The Order entered to the above docket number shall be vacated. Any and all arrears existing on this account shall be marked as satisfied and no further payments shall be due under this ease. 2. Appeals filed by either party to the current Order of March 11, 2002, shall be dismissed. The parties agree that this stipulation shall be adopted as an Order of the IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TAMMY M. GERACI G ' ERE C. GERACI TAMMY M. GERACI, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-630 CML ACTION LAW GASPERE C. GERACI, ' IN CUSTODY DEFENDANT · ORDER AND NOW this //'~ day °f~, 2002 the attached Stipulation of the parties is adopted as an Order of Court and supersedes any prior Ordq- entered in this matter. TAMMY M. GERACI, PLAINTIFF Mo GASPERE C. GERACI, DEFENDANT · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 02-630 CIVIL ACTION LAW IN CUSTODY CUSTODY STIPULATION AGREEMENT MADE this ~/( day of~, 2002 by and between TAMMY M. GERACI - AND - GASPERE C. GERACI. WHEREAS, the parties desire to modify the terms of the March 14, 2002 Court Order. NOW, THEREFORE, the parties stipulate and agree as follows: 1. Mother and Father shall have shared legal custody of Joseph A. Geraci, bom April 15, 1997, and Nicholas D. Geraci, bom July 7, 1998. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non- emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The parties shall have phYSical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends fi'om Friday after work when the Father shall pick up the Children at daycare through Sunday evening at the Children's bedtime. B. Father shall have custody of the Children every Tuesday and Wednesday evening fi.om the end of his workday to the Children's bedtime. During Mother's weekends of custody, Father may have custody of the Children on Sunday evening fi.om 6:00 p.m. to the Children's bedtime. C. The Father may have custody of the Children at any additional times 'if arranged by agreement of the parties. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father. 3. The parties shall share or alternate having custody of the Children on holidays as arranged by mutual agreement. 4. In the event either party is unavailable to provide care for the Children during his or her period of custody for three hours or more, that party shall first contact the other party to offer the opportunity to provide care for the Children before making arrangements for a third party caregiver. The parties shall cooperate in scheduling makeup periods of custody as permitted by both parties' schedules on limited occasions when an adjustment to the custody schedule is necessary due to exigent circumstances. 5. Neither party shall do or Say anything that may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and nattual development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 6. The parties agree to submit this Stipulation to the Court and request that the terms set forth herein be adopted as an Order of Court which will supersede any other orders entered in this matter. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above written. TAMMY M. GERACI /~ERE C. GERACI IN THE COURT OF COMMON Of CUMBERLAND COUNTY STATE OF GASPERE C. GERACIt PLAINTIFF VERSUS TA~V~M. GERA~, DEF~qDANT PENNA. NO. PLEAS 02-2825 CIVIL TERM AND NOW, DECREED THAT AND DECREE DIVORCE GASPERE C. GERACI IN 2003 TA~9~f M. GERACI ARE DIVORCED FROM THE BONDS OF MATRIMONY. .. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 ORDk~RD and DF~ thaf th~ ~rri~= .q~ffl~ng~nf agree~ment executed by and between the parties, dated June 4~ 2002, is incorporated by reference into this Decree for the purposes of' enforcement, but ishall PROTHONOTARY