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HomeMy WebLinkAbout00-00510 . '" '" '" '" , . "':Ii "'''';Ii'''' '" '" '" '" "''''''' '" '" if. '" :Ii , , ;F. '" :Ii '" ''of . . IN THE COURT OF COMMON PLEAS , OF CUMBERLAND COUNTY , PENNA. , STATE OF , , JOSEPH MARK PAVUSIK, II, , , , , Plaintiff No. 00-510 VERSUS , JANE PYRYT PAVUSIK, Defendant , , DECREE IN DIVORCE , , , AND NOW, ~_".., '1. 2001 ,IT IS ORDERED AND , DECREED THAT JOSEPH MARK PAVUSIK, II , PLAINTIFF, , JANE PYRYT PAVUSIK AND , DEFENDANT, , ARE DIVORCED FROM THE BONDS OF MATRIMONY. , , THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All claims have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated December 6, 2000 and incorporated but not merged into the Decree. , , , , , "'''' '" "'''' "'''''''if. "'''' '" '" "'''' '" '" '" '" "'if. '" '" , '" :f.;t;:f.:+: ;f.'" , i ~~~ROTHONOTAR~ , , .~ . , . , ~ ~ , , , , . , , , , , . . . . , , , , , , , , , . . . . . . . . . . , , , , . . , , , , , , , , , . . . , , . . , , . . , , , . . . . . , , , , , , , , , , . " '" "~ " ~, . . . . '. "< fl" ~,.,"" ".. ,$ /.1-d td-tlI$'~~ -ia(t~-~ / -~-C7/ ~~ ~ d7f ~ ., 1lII""'k'" .- ',""".,' " "'~' ~, ,,0 1!I!II'!IIIftnq ~_ " . '.r'.' I,'," , ,j ~ , MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day ~c..em&1 ,2000, by and between JOSEPH MARK PA VUSIK, II, hereinafter referred to as "HUSBAND", and JANE PYRYT P A VUSIK, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on April 12, 1980, in Luzerne County, Pennsylvania; WHEREAS, two (2) children were born of this marriage; Susan Pavusik, born September 7, 1984 and Michael Pavusik, born January 21,1990; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership ofreal and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, -., _0 HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire, WIFE is cognizant of his right to legal representation and declares that she has been independently represented by Kathleen Carey Daley, Esquire. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations and that they acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable, 2 , ~, , This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable, Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities, To the best of the parties' knowledge, the parties affirm no joint debts exist. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of sarne, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 3 ~w 5. MARITAL AND NON-MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital assets and marital assets including but without limitation, jewelry, clothes, furniture, and other assets wherever situated whether real, personal or mixed, tangible or intangible, and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND, Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other, This document shall constitute a bill of sale for said sole property. 6. REAL ESTATE a. 3601 Golfview Drive, Mechanicsburg. The parties own real estate at 3601 Golfview Drive, Mechanicsburg, Pennsylvania as tenants by the entireties. Said property is not subject to a mortgage but is subject to a line of credit. Said line of credit is addressed in Paragraph 11 of this Agreement. HUSBAND agrees to convey his interest in this real estate to WIFE upon the condition that WIFE agrees to assume responsibility for the payment of any taxes, insurance and any other debts associated with the real estate, WIFE hereby agrees to indemnify and hold HUSBAND harmless from any and all liability as a result of non-payment of the debt associated with the real estate by her, HUSBAND agrees to execute a deed prepared by WIFE's counsel 4 - " " , wherein he assigns, conveys and transfers to WIFE all of his interest, right and title in the marital residence, b. 2705 South Front Street, Steelton. The parties own this property as tenants by the entireties. Said property is not subject to a mortgage. WIFE agrees to convey her interest in this real estate to HUSBAND upon the condition that HUSBAND agrees to assume responsibility for the payment of any taxes, insurance and any debts associated with the real estate. HUSBAND hereby agrees to indemnify and hold WIFE harmless from any and all liability as a result of non- payment of the debt associated with the real estate by him. WIFE agrees to execute a deed prepared by HUSBAND's counsel wherein she assigns, conveys and transfers to HUSBAND all of her interest, right and title in this property, c. 146 Lee Ann Court, Enola. HUSBAND purchased a townhouse known as 146 Lee Ann Court after the parties' separation, WIFE acknowledges she has no interest in this real estate and waives any claims or interest in same. 7. MOTOR VEHICLES WIFE has possession of a 1995 Volvo owned by Heritage Motor Sales, Inc, Said vehicle will be transferred from the business to her. The parties agree to execute the documents necessary to effectuate transfer of this vehicle, The parties also had a camper at the time of separation. Said camper has been sold and 5 - the proceeds have been divided between the parties. 8. PENSIONS Each party hereby waives any and all claims that he or she may have against the other to any pension, employee saving or other stock benefit program of the other, if applicable, 9. BANK ACCOUNTS, IRAS, STOCKS AND INVESTMENTS With the exception of the accounts established with the intention of saving for the children's education as addressed in Paragraph 12, each party shall have sole possession of the . bank accounts, stock and/or investments in their own names, 10. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 11. HERITAGE MOTOR SALES INC. The parties agree that HUSBAND shall retain as his separate property any and all interest in and to the auto dealership business known as Heritage Motor Sales Inc, This includes, but is not limited, to any accounts (including Mellon Account Nos. 132-203-5914 and 000-826-5019), inventory, licenses and/or miscellaneous assets and liabilities. WIFE hereby specifically waives now and for all time any right, title, claim or interest whatsoever she may have in this business entity. WIFE shall execute a transfer of all stock interest she may have in this business entity effective January 1, 2001. 6 ....- - There is a line of credit for the business in the amount of $70,000.00 which is secured by the property located at 3601 Golfview Drive, Mechanicsburg. HUSBAND shall satisfy this line of credit prior to execution of the deed for 3601 Golfview Drive. HUSBAND hereby agrees to indenmify and hold WIFE harmless from this line of credit or any other liability associated with this business as ofJanuary 1,2001. 12. CHILDREN'S ACCOUNTS AND COLLEGE EDUCATION The parties acknowledge that there are various accounts established for the purpose of funding the children's college education at a four (4) year state institution. These accounts are presently held jointly in WIFE's name and the children's name. The parties agree to add HUSBAND as a joint owner on the account. The parties further agree that no distributions shall be made from these accounts without the signature of both parents, The parties agrees that within fifteen (15) days of this Agreement, HUSBAND's name shall be added to these accounts and the documents executed so as to establish the requirement of the joint approval or signatures of any withdrawals. The parties agree that any decisions regarding these accounts shall be rnade jointly. No action can be rnade regarding these accounts without authorization frorn both parties, The parties acknowledge that approximately $6,200.00 worth of savings bonds were cashed by WIFE. Said bonds were primarily for their child, Susan, WIFE has forwarded a check to HUSBAND in this amount. It is agreed that upon execution of this Agreement, said check shall be deposited into one of Susan's bank accounts. 7 ~,~. ' . ~l ~', Nothing in this Agreement prohibits either party to voluntarily contributing to these accounts, Nor does this Agreement prohibit the ability of any party to establish additional accounts for the benefit of the children either in individual names or solely with the children Both parties shall be consulted with respect to the children's choice of college education. Neither party shall unreasonably withhold their approval of same, The parties agree that any expenditures from these accounts shall be jointly made, After the children's college funds are exhausted and after the application of any scholarships, grants or student loans which the child may be eligible for, the parties agree that they will be equally be responsible for the payment of tuition, room and board for four (4) years at a state institution. The parties' maximum liability for tuition, room and board shall not exceed comparable expenses at Penn State University College Park Campus for the year in question. 13. MUTUAl, WAIVER AND RELEASE OF RIGHTS AND CLAIMS CONFERRED BY THE PENNSYLVANIA DIVORCE ACT OF 1980, AS AMENDED HUSBAND and WIFE acknowledge and agree that the provisions of this Agreement are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for equitable distribution, alirnony, alimony pendente lite, counsel fees, costs and expenses or other provisions for their support and maintenance before, during and after the commencement of any proceeding for divorce or annulment between the parties. 8 .~ ". L.. 14. AFTER ACQUIRED PERSONAL PROPERTY/FUTURE EARNINGS Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by HUSBAND or WIFE, 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. 15. ALIMONY, SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony and maintenance. 16. CUSTODY AND VISITATION HUSBAND and WIFE shall equally share physical and legal custody of the minor children on an alternating week basis, The parties shall exchange custody on Sunday evenings at 6:00 P,M, During each parent's non-custodial week, he or she shall be entitled to custody with the children one evening (for example, Wednesday). This time shall commence immediately after school and continue until 8:00 P.M., at which time the children will be returned to the parent whose scheduled week of physical custody it is, In the event that school is not in session and the respective parent is not working, this midweek visitation shall commence instead in the morning, The parties shall mutually agree on all other times or arrangements 9 lillt.--', regarding custody such as for summer, vacation and holidays. 17. CHILD SUPPORT HUSBAND agrees to pay the sum of FIVE HUNDRED EIGHTY-FIVE DOLLARS ($585.00) per month as child support. He shall also be responsible for the children's parochial school tuition beginning school year 2001-2002 and continuing until Susan graduates in 2003. During this time, WIFE agrees to pay all medical costs for the children, including, but not limited to health insurance coverage, Commencing June 1, 2003 and continuing until May 31, 2004, HUSBAND's obligation for child support shall be reduced to FOUR HUNDRED EIGHTY DOLLARS ($480,00) per month, During this time, HUSBAND also shall be responsible for Michael's parochial school tuition and WIFE shall continue to pay all medical costs for the children, including, but not limited to, health insurance, Commencing June 1, 2004 and continuing until May 31,2008, HUSBAND's obligation for child support shall be reduced to FOUR HUNDRED DOLLARS ($400,00) per month. During this time, the parties shall equally share Michael's parochial school tuition and all medical costs for Michael, including, but not limited to, health insurance, After this time, the parties' obligation for child support shall terminate, The parties agree that the terms set forth above shall only be modifiable in the event 10 HUSBAND becomes disabled for a period in excess of sixty (60) days. It is the intention of the parties that the aforementioned child support obligation shall not increase nor decrease and the sums set forth herein constitute consideration for other terms of this Agreement. The parties stipulate that HUSBAND has an earning capacity of $40,000.00 gross per year. Presently, there is a support action pending in the Court of Common Pleas of Cumberland County, Docket No. 00348 S 2000, PACSES No. 348102236 with a support appeal hearing scheduled for December 7,2000. This hearing shall be canceled. This child J"...Il....w <<;t L\ 2.4:> I ~/~I'... support amount specified herein shall be effective O\:l;\:I1aBOlr 1, ~ and WIFE's claim for spousal support shall be terminated as of that date. There shall be no credit or arrearage on the account A. c; () r De c..l. VI-\. b~ -3 (\ 2. 'Voo. ~/71A<- 18. T AX RETURNS The parties agree that, in the future, if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction or any other action which results in assessment by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties and interest shall be shared equally between the parties. The parties agree to file a joint tax return for 2000. Both parties shall cooperate in gathering the necessary information and documentation for forwarding to the tax preparer, 11 "M Daniel Boreman, CPA, by February 15, 2001. The parties shall equally share in any tax liability or refund as a consequence of this joint filing, as well as any cost for the preparation of the tax returns. In 200 I, the parties shall equally share the two dependency deductions for the children with each party claiming one child. When there is only one child dependency deduction, the parties shall alternate the claiming of said deduction. 19. SUBSEQUENT DIVORCE A decree in divorce, entered by a court of competent jurisdiction to either party, shall not suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree that this Agreement may be incorporated for purposes of enforcement into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree that the documents to finalize their divorce and obtain their divorce 12 ~~ '"" decree shall not be filed until January 2, 2001 so that a divorce decree is not entered in 2000. 20. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assigmnents, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 21. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases, waives and relinquishes any and all rights which he or she may now have, or may hereafter have, against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 22. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other, the estate of such other or any part 13 ~. J_ ~ thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of equitable distribution, dower or curtesy, or claims in the nature of dower or curtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allow administration upon his or her personal, real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix 14 I"" ~~ -' of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Marital Settlement Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may ! ! hereafter acquire, except and only except all rights and Agreements and obligations of ! ! whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 23. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 24. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 25. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the 15 l' ..Jl~,', purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 26. BlM)ING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 27. BRRACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 28. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 16 . . , 29. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~ ITNESS gf1~IK'II G'~~~ ~~~ JANE PYR PAVUSIK 17 ,'~ ~ ~ .'"~ . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JOSEPH MARK P A VUSIK, II, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. day o~cemkr; 2000. d and subscribed to before me this 1o--1h. M .., NoIaIIal Seal Y commIssIon expIres: BildIaIa 8ump1e-Su11W. NoIary Publlc Qilwb-Ialld BoRl, ~ County 101 . ';' \ ElIpIIIIll NcMmber 15, (SEAL) COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared JANE PYRYT PA VUSIK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and subscribed to before me this G,..Jk day off\ec0Mh2000. (SEAL) NOTARIAL SEAL PATRICIAA. PAlTO~. NotarY Public Lower PaxtOIl Twp.. Dauphln County My Commission .l"XPires June 20, 200~ 18 "("> , en LC:' N j':: ~.~ C)-7 C) ';f ~ &3' "-':j:;~ ;r:Z U.JtU -~~-~~ C) 'H , 0._ :,0 I ,,~:;:: Ie:) '. , " -. .~ ~ '" OJ c\ .Z .... 0 :<( .... > J .~ .J Z :J l- <( '" ~ 19 '" .. ~ '" \J.I I- >- 0 .J .. III ( ;;: D.. !d Z ~ " Z 0 ~ e w ~. :J ~ D. " (() '!' ~ m 0 <( ~ Z II: .. <( <( ..I a: m w II: ID ~ ::< ::J U ~ w z .' .cO .. -\. , L' ,/ < "-T" ~ '~ .j l!~:~/(J'.f~J!~ ~ . JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-510 JANE PYRYT P A VUSIK, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on February 5, 2000. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: December 6, 2000; by Defendant: December 6, 2000. i , 4. Related claims pending: All matters have been resolved pursuant to a Marital Settlement Agreement reached by the parties dated December 6, 2000 and incorporated, but not merged into the Decree. 5. Date Plaintiffs Waiver of Notice in ~330l(c) Divorce was filed with Prothonotary: January 5, 2001. Date Defendant's Waiver of Notice in ~3301( i orce was filed with / Prothonotary: January 5, 2001. / //' 1/ / Dated: January 4,2001 ( ~arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff -~,'," ' -'-'.L;" _'_,'_. ,-,"".l' ,'- ~-,,-~ '-<t' ",,--,' - ' JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-510 JANE PYRYT P A VUSIK, Defendant IN DIVORCE CERTIFICA TE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above- captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Kathleen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, PA 17109 DATED: January 4, 2001 Barbara Sump Ie-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff G < '! ~F / Z \ ~ () III C )>/, ;:: 1jI-. ;0 /11 III :ll )> r ;0 )> In )> 6' ~ co (Jl r > I, co C :< '1l ~ /11 a E!: 0 Z Q '1J ." Z ~ ." r (; CIl co /II -< .. ~- ~ , co !< ~ (Jl )> ~ c z r > r ~ ~ " S z (> 10 '" ~, , . c C) ~: ~\' ....-"-... UJ -~ ~.r. :J::;\~; j;~~ =t c' c <.Tl :2 -- :} }r;~- '::~ 'J?j f(. ? (:J - .- "^- , ,~ e'- . JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. cX&()~ 5/tJ &vJ JANE PYRYT P A VUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. Yau 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. Ajudgement may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS 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, Pennsylvania 17013 (717) 249-3166 . <, " ~- , "- " ".-.~. .~' ''''' ~-- ,', ~ JOSEPH MARK P A VUSIK, II, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. d IT1rV - S J b C<;;J. 1-,--- JANE PYRYT P A VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: !""'-,).5-=j..Ot/o H/lJJM ,JOSEPH MARK P A VUSIK, II ~ ,-', -.,,-,.' -., - , '- ..~. ,i JOSEPH MARK P A VUSIK, II, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. .2ovv. 51D ~..., Jl.- JANE PYRYT PA VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is JOSEPH MARK P A VUSIK, II, an adult individual residing at 2705 South Front Street, Steelton, P A 17113. 2. Defendant is JANE PYRYT P A VUSIK, an adult individual residing at 3601 Golfview Drive, Mechanicsburg, P A. 3. Both Plaintiff and Defendant have been bona fide residents in the Conunonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on April 12, 1980 in Luzerne County, Pennsylvania. 5. There are two (2) minor children born of this marriage: SUSAN PAVUSIK, born September 7, 1984; and MICHAEL PA VUSIK, born January 21, 1990. 6. The parties separated on December 20, 1999. - ~ - 0 ~ = -~- 'J' ^.~" ..,.~-. ~._~. ~ ~'''." "-~, .. >-, .-,,,,..-~. '",'~~.l.''''''o'~ ~.~ ~, 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintifl:'s Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 93301 of the Pennsylvania Divorce Code. INDIGNITIES 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are 2 ~--~ "~-" ~ "<"~~ ~ =~- incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws ofthe Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EOUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 ofPlaintifl's Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, JOSEPH MARK P A VUSIK, II, prays this Honorable Court to 3 . <., "~'."'- ~." '" *. -'",-~~ -,-',~",-~ -.-" . enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just and reasonable. Dated:p6!oO Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court lD. No. 32317 4 " ,_r .,,~"_, _~ _';<;"Lo ~"-'~ , ~-~" -~ " ~'~,~'~ .'F_ ,,"-~_''''~___ JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. JANE PYRYT PAVUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, JOSEPH MARK PA VUSIK, II, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated:. 1- 9-5"'- :).CXHJ d/f;t/P ~EPH MARK PA VUSIK, II z- ~ g. m ;:: )> m ;u l:l ~ h:~ .... o (0 en >_ . m C ~ ;Jl 6 == 0 Z G) '1J ~ Z~r- ~ (1)- en m ~ -< -l I en r,~ Ul ~ ~ c Z _ r- --- r- >. - .:j ~ ~ Z 9 - 10 Cd - , . . ~. ~. \); ~. t ~ ~L,-_"___"" " ~.. ~ .~ ~ ~ ~ .~ '- "- Ct\ .11 ~ Y. } 1 ('\, I V\ ._.~~' U\ .'. \:1c:s \j \ ~\\ . "~- ~~\~ ~~ l , . " (:) ~~ "',~. ~-, OJ "\"\:'l: n::1r:'"! -7-' ,1_:, ,,~) _ ~S;:~ -J ;:5: i;~.) ,. l.,-::::___ ~ )> ~ ' ~(~ ;:.. ::< CO .- ~. lj '~'~J:~ ~ '_~ ,- ~'= ,-;C",'- ,". '-"_'i._~_,_~,,>, -'s_'''_,,'- ''';'''''-~-J-..--~l>--_,_.. ~,'~~'_'~,,,,,,, _ ,__" "~':, I JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00-0510 JANE PYRYT P A VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 27, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: I').. .t;,,..,p(} #&/~ ,fo"seph Mark Pavusik, II . ~, IiliiW Ilile -" H ,,,,,,,,,", "".",. ,p, "'" ",.. ".. (') 0 ~i - -.-) -0 "C) rTlr:n :;~ , . Z=C .. , 7, I ~~ :}~ <.n ~C :s , .:? (........ .....l>:,. Zo N (3 ~;c 2: ,:.,., i:! =< ::::J \D -< -^,., C,' -o~_ --, ,-,", " " " ,,,' , " ''; ;,.~~, ;;~"..-I o_~ , ",~,__, - > ,n,_ e , ."iH; JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-0510 JANE PYRYT P A VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 27, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~l:Q1 "d<loO \ 0" lWl ~~~ '\'~L:~ Jane Pyryt Pavusik ~~~IIllo;j- '-"'''''''""-'""''''''.'''''''','-,,'- '-I d,''',. """" ",-,," -,," """-'H' 0 0 n ~ '-j '- '-1 :g: '-- WC)) ~:t mrr ;;::::: Z:C ~, ~~~~ I <';1 ~C:- -1:) ~n ~"'.._. >9 r::-? '-- ._...J .r.:::... :.n -~ -.. c- o<: cD -'-' -< t1' JOSEPH MARK P A VUSIK, II, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO: 00-0510 JANE PYRYT PA VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER B30H~) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: /J..<-"-()CI ~/~ U(;seph Mark Pavusik, II ..:l. IIIiiIiIIllililiiiilill (') 0 r- ,- $" -ole ;::.:,... -TI rn n" Z ~~~:': u; ~c --0 ::r>- _."'~ ~(~; Pc ':? ~ Ul :0 'D -< ,,,,,'.- , -~-- ..'" .; ", ..~ ',' 0 '" ~ --J ~'"~I"".,..,,.-~,-~C'~,,~> _ ,_., ,<. ~_:,., . . JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO: 00-0510 JANE PYRYT PAVUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE fJNDER 1l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a [mal 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 statement herein are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn falsification to authorities. DATE: \d.\ec\':lrIr\f\ ... , ~=<y("~,^.,,, Jane Pyryt _ Pavusik ':"'i-- oIiiIlI . () co ,~ \.,..' (= -,-I -~ 1;i...._ ,- "Ute) .::.:::-. m(r: , Z~r -^ I 23 ~5~: <- O~ " ~;;; ~~~' -0 " .....,,:~ -q (~) -"-1..,J h) rn >(::: Z :J1 =< <0 " . "" ~, < . . JOSEPH MARK PAVUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000 - 510 JANE PYRYT PAVUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. P 377 421 641. Return Receipt Requested, on the above-named Defendant, Jane Pyryt Pavusik, on February 5, 2000, at Defendant's last known address: 3601 Golfview Drive, Mechanicsburg, PA 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: February 7, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff '. '. < . P 377 421 641 Ufi' Postal Service Rec:;eipt for Certified Mail No Insurance Coverage Provided. Do not use tor International Mail See reverse Senlto 5 Postage $ Certffieg Fee Special DeUvery Fee Rest~c1ed OaUvery Fee on m Aetutn Receipt Showing to ..... Whom&D -s. Rel!JmR <( D,te. o ' ore CO C') E ~ W .1 :I ! a i I . AiticI(Addressed to: .. !4s. .lane Pyryt Pavusik 8 3601 ~olfviewDrive Mecha~icsburg, PA 17055 I aIiIo_IIUlI....1be foUowing services (for an extra fae): 1. 0 Addrassee's Address .~ 2. . Restricted O.liverv ~ Con.sult postmaster lor lee. J 48. Article Number "a-items 1 andfor 2 for additional services. fe items 3, 4a.. and 4b. name and address 01'1 the reV81S9 of this form so that we can return this .~Jo you. .-A\teet! this form to the front ot the mallpiece, or on the back if space does not ~p~t. ._Vtl~.Retum Receipt Requested- on the mailpiece below the article number. .~ Flefum Receipt Will show to whom the article was delivered and the date dellvere~; Ii> Certified ;~ 8. Addressee's Address (Only if requested and fee is paid) pt EXHIBIT "A" ,~" " " . " .. .".--..... < z ~ 0 ID c > ;: m ;0 ,In ID ;lJ > r ;0 --, - , l~~.' )> '" > ",Z Z ~ ~ r ~o 0 (Jl ~ -0 ? m C ~ ');>0' :x 11 ;0 lQ 0 3: 0, 20 w Z Gl '1J .. Pc_ .. .. Z '" r 0 :z: w Ul '" IT! '" =<! "- -< -I ~ '~- , '" (Jl )> -I C Z r ;; r <: " > 0 Z " 9, - III '" ( { ~ , .- <' JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 2000-510 CIVIL JANE PYRYT P A VUSIK, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Court House, 13 North Hanover Street, Carlisle, P A 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 LA WYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~- . ,'" - 'Co, _'''. .- -j,,_~;:- 'b_-~_~:;';'-,~;~~'._< _~ ., JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-510 CIVIL JANE PYRYT PA VUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that the parties separated on December 20, 1999. 7. Admitted. 8. Admitted. 9. Admitted. COUNT I - DIVORCE NO FAULT 10. No responsive pleading is required of this averment. 11. Denied. It is denied that the marriage is irretrievably broken and no possibility of reconciliation exists. "~ ~- '" ;,-'"","~,;j' ~-~ ;;-'';,>---;-.J ".",-;-ii'~";;"_r_.>~ ,-.-' " WHEREFORE, Defendant requests this Honorable Court to deny entry of a divorce decree in his favor in accordance with ~ 3301 of the Pennsylvania Divorce Code. INDIGNITIES 12. No responsive pleading is required of this averment. 13. Denied. It is denied that Plaintiff is the innocent and injured party, and that Defendant has offered such indignities to the person of Plaintiff and has been mentally cruel to him so as to make his life burdensome and his condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Defendant requests this Honorable Court to deny the Plaintiffs request to enter a decree in divorce in accordance with Pennsylvania Divorce Code. COUNT II EOmTABLE DISTRIBUTION 14. No responsive pleading is required of this averment. 15. Denied. The Defendant asks that the Court deny Plaintiff's request that the Court equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant requests this Honorable Court to deny equitable division, distribution or assigmnent of said property in accordance with ~ 401 (d) of the Pennsylvania Divorce Code. -2- "'-. u__" _.,C,,,__'" ""'~__ ,2;;j~"-,, u",_.,~_,,_ _~",,~, COUNT m INDIGNITIES 16. Paragraphs 1 through 9 of Complaint and Answer filed in this matter are incorporated herein by reference as though set forth in full. 17. Husband, Joseph Mark Pavusik, II, the Counter-claim Defendant and Plaintiff herein has offered such indignities to the person of Wife, Jane Pyryt Pavusik, the Counter-claim Plaintiff and Defendant herein, the innocent and injured spouse so as to make her life burdensome and her condition intolerable. WHEREFORE, Counter-claim Plaintiff requests this Honorable Court to enter a decree in divorce in accordance with 9330l(a)(6) of the Pennsylvania Divorce Code. COUNT IV ALIMONY 18. Paragraphs 10 and II of the Complaint and Answer are incorporated herein by reference as though set forth in full. 19. Counter-claim Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 20. Counter-claim Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage. WHEREFORE, Counter-claim Plaintiff requests this Honorable Court to enter an award of alimony in her favor. -3- , . .,-. - '.' ~ . - -'". ,'~, - J:;', :.,. '1"-"., A.~ -" - ,'.,,;_ _ .;.; ,;,~ '.,.[,; .-[ ,';.:'j.":' ',,' . _ ~ " ::..:. COUNT V ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 21. Paragraphs 10 and 11 of the Complaint and Answer are incorporated herein by reference as though set forth in full. 22. Counter-claim Defendant earns in excess of$150,000 gross per year and has assets which have not yet been ascertained. 23. Counter-claim Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 24. Counter-claim Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Counter-claim Plaintiff requests this Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 25. Paragraphs 10 and II of this Complaint and Answer are incorporated herein by reference as though set forth in full. 26. The parties are the owners of real property located at 3601 Golfview Drive, Mechanicsburg, Pennsylvania 17055, where the Counter-claim Plaintiff resides with the two minor children born of this marriage. -4- "y _.'.~ ~- >. ,.- ~'" -".j -~--~' --<,,- --, ,', '-. '- ,'.. -l..'':Li"'j 27. The Counter-claim Plaintiff asks this Honorable Court to grant her exclusive use of this property. WHEREFORE the Counter-claim Plaintiff requests that this Honorable Court enter an Order granting the Counter-claim Plaintiff exclusive possession of the marital residence. COUNT VII MAINTENANCE OF LIFE INSURANCE 28. Paragraphs 10 and 11 of this Complaint and Answer are incorporated herein by reference as though set forth in full. 29. The parties have acquired life insurance throughout the period of their marriage. 30. The Counter-claim Plaintiff requests this Honorable Court to issue an Order maintaining all beneficiary declarations of existing policies such that husband and wife are beneficiaries of each other's policies until all issues raised in this litigation are finally determined. 31. The Counter-claim Plaintiff also requests this Honorable Court to enter an Order requiring each party to maintain these policies in insurance in full force and effect until further Order of the Court. -5- .----.-,~ -,l~, .~"" )"_';0_ ~, "~ WHEREFORE, the Counter-claim Plaintiff requests this Honorable Court to issue an Order on existing policies and that all premiums be maintained and paid. directing that the parties maintain aU life insurance with husband and wife remaining as beneficiaries Dated: ~ q, ~CUb K Ween Carey Daley, Esquir A orney No. 30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Defendant -6- .' VERIFICATION I, Jane Pyryt Pavusik, hereby certify that the facts set forth in the foregoing Answer and Counterclaim of the Divorce Complaint are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. Dated: 'N\.a........ <\ 'l.ooQ G .. ~~ ~~~~c.,..~^.Q JANE PYRYTPAVUSIK , -7. - ~, , . . -> .~......,., .. ", ~';i . . .1 JOSEPH MARK P A VUSIK II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-0510 CIVIL JANE PYRYT P A VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS ORDER AND NOW, this .l.1' day of October, 2000, on consideration ofthe within motion, a rule is issued on the defendant to show cause why the relief requested should not be granted. This rule returnable fifteen (15) days after service. BY THE COURT, A. Hess, J. t.crp; tJJ -fY1~ /0-27-00 RX.3 ~ . - - ~. , '" , FfLED-0FFICE fli= TI,.,: PIY)T'n'Oi'V'lT^RY. ..J. j "~" , ; .,,",. ;". I 'f<JJI1 00 OCT 27 PM 3: 22 CUMI3ERLAND COUNTY PENNSYI,VAN/A -.-..-,.--~,~ ~ _'~.".. 1-" .- ; -, - '.-,.,,,,,-,.,,'. .-'r-----;__.:;:^'~~._ ,: ,;.,__ _ -"'""~:'-:::-?~~'__I>" JOSEPH MARK P A VUSIK, II, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 510 JANE PYRYT P A YUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER AND NOW, this day of , 2000, upon consideration of Plaintiff s Motion to Compel Answers to Plaintiff's Interrogatories to Defendant and Request for Production of Documents, it is hereby ORDERED that the motion is granted and Defendant shall answer Plaintiffs First Set of Interrogatories and Request for Production of Documents within _ days of the date of this Order or appropriate sanctions will be imposed upon further application to this Court. By the Court: J. -_ ',".--',,,,u - "r',_" ~ _~ -' ,,,-,,,,,-"_:.iw" ,.'_, -I"~, ",' ~--;~p~ ->. , ~- - -,"'" JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 2000 - 510 JANE PYRYT P A VUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION TO COMPEL ANSWERS TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT I. This action was initiated by Complaint on January 27,2000. Defendant filed her Answer and Counterclaim to Plaintiffs Complaint on or about May 9, 2000. On June 9, 2000, Plaintiff filed his Answer to Defendant's Counterclaim. 2. Defendant served her first set of Interrogatories and Request for Production of Documents upon Plaintiff on May 5, 2000. Plaintiff answered said Interrogatories and Request For Production of Documents on June 8, 2000. 3. Plaintiff served his first set of Interrogatories and a Request for Production of Documents to be answered by Defendant on June 8, 2000. A copy of Plaintiffs' transmittal letter of June 8, 2000 and Notice of Service are attached hereto as Exhibit "A" and incorporated herein by reference. 4. Pursuant to Pa.R.C.P. No. 4006 (a)(2), Defendant's answers and objections, if any, to the Interrogatories and Request for Production of Documents were due on or before July 8, 2000. , - "-' - ~ "'. ~ 'I't'" e , ",,-,"- 5. By letter dated August 17,2000, counsel for Defendant was notified that her Answers were due on Jnly 8, 2000 and requested that they be forwarded by September 1, 2000. A copy of said letter is marked as Exhibit "B" and attached hereto and incorporated by reference herein. 6. Over four months have elapsed since the Interrogatories and Request for Production of Documents were served upon counsel for Defendant and no answers or objections have been received by Plaintiff. 7. For the foregoing reasons, Plaintiff avers that Defendant will not answer Plaintiffs Interrogatories and Request for Production of Documents absent a court order pursuant to Pa.R.C.P. No. 4019(a)(1)(i). WHEREFORE, Plaintiff requests that this Honorable Court enter an order directing Defendant to file full and complete answers to Plaintiff s Interrogatories and Request for Production of Documents within ten (10) days or suffer appropriate sanctions to be imposed upon further application to the Court, including imposition of counsel fees. Respectfully submitted, DATED: October 20,2000 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff 2 o n , LAW OFFICES BARBARA SUMPLE-SULLIV AN 54e BRIDGE STREET NEw GUMBERLAND. PENNSYLVANIA 17070-1e31 PHONE (717) 774-1445 FAX (717) 774-70159 June 8, 2000 Hand Delivered Kathleen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, P A 17109 Re: Pavusik v. Pavusik Dear Kathleen: Enclosed herewith please find the Answers to the Interrogatories and Response to Document Production requests which you have served. Please note that we have objected to the interrogatory concerning production of all vehicle transactions. While we do not dispute your reviewing these, the requirement of copying and transport would be significant and burdensome. We are making these available to you for inspection at Heritage Motors. Please advise of a time and date when you would like to go to the building to do your inspection. I proposed that you flag any documents you want copied and I will instruct my client to take them to a commercial copier of your choice. I would ask that you make arrangements with the copier for billing to you directly. A1S0, I am enclosing our Interrogatories and Document Production1tequests. I would appreciate your timely response. I would be happy to review, prior to the attendance at the support conference, any request you may have and your supporting calculations in an effort to avoid the need for attendance at the hearing. The 1999 information is provided herein for the parties' business. Please forward at your earliest convenience. After much evaluation, Mr. Pavusik has decided that he would be willing to sell all of the real estate and business equipment of Heritage Motor Sales, Inc. This would avoid the need of any business evaluation and generate cash which could be used to resolve the equitable distribution of this matter. He would also like to sell the parties' camper. This seems to be the optimum time of year to effectuate these transfers. Please advise if your client is in agreement with this request. .'.' ,..._" _,~_'__'.... ._.___ ',_' _',___ _.,'_ ___ ._, _ _, _."_~_ .-__,..n___ ,,,~i:'!:'.J',~.;;\ . ,_"''''". o o Kathleen Carey Daley, Esquire June 8, 2000 Page 2 I will await your advice on these important issues. BSS/ld Enclosures cc: Mr. Joseph Mark Pavusik ..- _. ____.._~" .__. ._,_~_..____.__ _0"__.'._" ____.__ -,- __ ____".. .__~____. .~____.___._ _____"_ '-"- ....4~~ ,'. . "'" .,.'.,,,,". .-.:.H'Jro--.,~..-,:-"",~;:,'~:""~.r;.:,,,"~::ih!':"'-'--'~"~:'4::::~5fur~">i!;~BJ:~7.'~~t~~~~W+":';i.*;,:;~....n:-~z~;i;..;.~€:;~;;;~~-s--~kt4i"~~~;;:;iLi1;L _ u~_____~__"__~.~..,. _.________~_._~. ._____.___._~.,~,_'"__.._ . __~..,".._____..____>o____.. _~_.__,________",,_._ '__ "_."----...._~,_. .,___~_...~__.,.._.~_~ () () JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 510 JANE PYRYT PA VUSIK, Defendant () -n~ ~:!"I h~ .2:.. zf' (JJ.;:' -<-c. c:c. j;; c-. z) =.-c} Pc z INTERROGATORIES TO DEFENDANT :::J , AND REOUEST FOR PRODUCTION OF DOCUMENTS : CIVIL ACTION - LAW : IN DIVORCE '.~-,., c:;;: ,.--: l \..0 . ~'~:.; NOTICE OF' SERVICE OF l'LAINTIFF'S ::s r:? ~~./ i~~~ U1 ',~ ::0 -< TO THE PROTHONOTARY: Please be advised that on the 8th day of June, 2000, an original and two (2) copies of the Interrogatories ofPIaintiH; Joseph Mark Pavusik, as well as Production of Document Request, were served upon counsel for Defendant, Jane Pyryt Pavusik, by hand delivery, addressed as follows: Kathleen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, P A 1710 .... ~~. SwnpI~SWli"", &qWre 549 Bridge Street New Cumberland, P & 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff . DATED: June 8, 2000 .' '.__n _, __ . _.,U'_'_~____ +.. . ,:_:~,-,-,.__.:.,-_._~...........--...,~-~...:::......::.::_~;;.,.""",,:~----~- " " _____..._....m ,... '- , ) (1 LAW OFFIGES BARBARA SUMPLE-SULLIV AN 549 BRIDGE STREET NEW OUMBERLAND. PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAX (717) 774-7059 August 17, 2000 Kathleen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, PA 17109 Re: Pavusik v. Pavusik Dear Kathleen: It appears that we need to move the litigation forward in the divorce. I had intended to remind you that your responses to our discovery were due on July 8, 2000. To date, we have not received any responses. Please provide same at your earliest convenience. I hope to have same in hand prior to September 1, 2000. If this is problematic, please advise. Please advise me of Mrs. Pavusik's willingness to execute the real estate agreement. Please note that Mr. Vaughn who has served as the parties' business counsel will be handling the transaction. If you have any specific questions or comments about the agreement which I had provided to you yesterday, you may want to call him directly. Also, this is to confirm that you are agreeable to Mr. Pavusik liquidating the monies held by MML Investors Services, Inc. to pay the children's tuition. A copy of the statement is provided herein. If there is any remaining deficit, I suggest the parties share same equally. It appears that this may generate a loss for tax purposes which will be beneficlal in light of the tax issues outstanding. I will await your advice on these matters. Barbara Sumple-Sullivan BSS/ld Enclosure cc: Mr. Joseph Mark Pavusik .~ .-...,.....-...;.- '" -~,- . , , , -,', - :J -----~._---_. - ~_. --,-- ,. -..----~_. -----. (') ,-'I DALEY LAW OFFICES 1029 SCENERY DRIVE' HARRISBURG, PA 17109 . (717) 657-4795 . FAX (7! 7) 657-4996 September 6, 2000 Barbara Sumple-Sullivan, Esquire ATTORNEY AT LAW 549 Bridge Street New Cumberland, PA 17070-1931 RE: Pavusik v Pavusik Dear Barbara: Jane Pavusik has brought up several issues that I think need to be addressed. I am attempting to get some necessary information with the Request for Production of Documents enclosed with this letter. Would you please ask Mark to get to get this information together and provide it to me at your earliest convenience? Thank you for your attention to this matter. VeryAruly yours, ~. - /f.,l\" ~ .0-"-~:.::r- \. / \ KatWeen Carey Dalliy \ \ i - KCD:ksm Ene. cc: Jane Pavusik JOSEPH MARK P A VUSIK, II, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 510 JANE PYRYT PA VUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICA TE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certif'y that on this date, I served the foregoing Motion to Compel Answers to Plaintiff's Interrogatories to Defendant And Request For Production of Documents, in the above-captioned matter upon the following individual by United States First Class Mail, addressed as follows: Kathleen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, PA 17109 DATED: October 20,2000 arbara Sumple-Sullivan, Esquire 549 Bridge Street NewCumberland,PA 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff ~ c: \,.!" C";J -' (,"'-,j :;---" ".- '~~5-<. C):...:y ",...-::-, ,'-_.~ ~""- .~~? J) -'---", ~ '~J (3 ;';c~ - .. '" Ol ~ c\ Z N- o:( 0 .... > :J ~ .J Z :J ... <( .. ::i Ul .. W L, a: .. 1Il ... >- y~ .J w (/) .. Q. .. Z .. ~ Z 0 ::i 0 \!I ~ :J a: n. < Ul m ~ ~ 0, ,.( ~ Z ll: w <: ..J ,0:( a: III \!I' ll: lD _ 0:( ", 'Ill :J U ~ Z \.... , . c5 :5 C) 23 ,., Ocr 2,5 200aifJ '-" -.'. ~, , , -,," I, :;i.,~,-": .". '-"';'0~~, ~ ~j ". ,,~. '-,<-ol. ',""",,, ;-,.1'_' ~, "" , .,,~ 1 JOSEPH MARK PA VUSIK, IT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 510 CIVIL TERM JANE PYRYT PA VUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S ANSWER If 0 PLAINTIFF'S RULE TO SHOW CAUSE AND NOW, comes the Defendant, Jane Pyryt Pavusik, by and through her attomey, Kathleen Carey Daley, Esquire, and answers Plaintiff's Rule to Show Cause, as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. To the contrary, Defendant prepared and forwarded to counsel for Plaintiff, Defendant's Answers to Plaintiff's Interrogatories, on October 23,2000, by first class mail, postage prepaid. A copy of the cover letter, dated October 23,2000, accompanying Defendant's Answers to Plaintiff's Interrogatories and Plaintiff's Request for Production of Documents, is attached hereto and incorporated herein by reference, as Exhibit "A." .~~ 0" , -;-,.,,~.~ .""l~.':,' ,.'~/".-' "" -'-',."", ,;. _.""""" '->.. """-',,c';'. ,1<. "-'~",..;' ',_ ::~"I 7. To the contrary, Defendant prepared and forwarded to counsel for PlaintITf: Defendant's Answers to Plaintiff's Interrogatories on October 23,2000, by first class mail, postage prepaid. By way of further explanation, it is acknowledged all of Plaintiff's Interrogatories were not answered by Defendant, as the discovery demanded by Plaintiffwas burdensome and far in excess of the amount authorized under the Local Rules of Civil Procedure. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff's request for relief. Respectfully submitted, DALEY LAW OFFICES DATE: I 1/;1 d--() I een Carey Daley, Esq . e Supreme Court J.D. No. 30078 1029 Scenery Drive Harrisburg, P A 171 09 (717) 657-4795 Attorney for Defendant J _~~C", DALEY LAW OFFICES 1029 SCENERY DRIVE. HARRISBURG, PA 17109 . (717) 657-4795 . FAX (717) 657-4996 October 23, 2000 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 RE: Pavusik v. Pavusik Dear Ms. Sumple-Sullivan: Enclosed please find answers to the Interrogatories Propounded by Plaintiff to be Answered by Defendant and copies of information and statements requested in the Plaintiff's Request for Production of Documents, which I have prepared in the above captioned matter. In accordance with Cumberland County Local Rules, Rule 4005-1 states Interrogatories or requests for admissions to a party, as a Inatter of right, shall not exceed forty (40) in number. ... All other interrogatories or requests for admissions, including subdivisions of one numbered interrogatory or request for admission, shall be construed as separate interrogatories or requests for admissions. In accordance with Rille 4005-1, Mrs. Pavusik has provided answers to approxinIately forty interrogatory questions. Thank you for your kind attention. Sincerely yours, CAB/cb Enclosure cc: Jane P. Pavusik CERTIFICATE OF SERVICE I, Kathleen Carey Daley, Esquire, hereby certify that on the date indicated below I served a true and correct copy of the foregoing Answer to Plaintiff's Rule to Show Cause, on all interested parties, by depositing same from Harrisburg, Pennsylvania, first class mail, postage prepaid, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 Date: II(/p IF{) , DALEY LAW OFFICES By: thIeen Carey Daley, Es Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Defendant ~_ ~, "_. - ,"e _, _"*_ '" .-.~,_-,--"---,,,~-"" ,--<=-,,, - C~'_._"__"""",__......",_"_,,,_,,''-'= __~_I"_____ ,_ '<Y ._A.,-"",,, JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 510 JANE PYRYT PAVUSIK, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF SERVICE OF PLAINTIFF'S INTERROGATORIES TO DEFENDANT AND REOUEST FOR PRODUCTION OF DOCUMENTS TO THE PROTHONOTARY: Please be advised that on the 8th day of June, 2000, an original and two (2) copies of the Interrogatories of Plain till; Joseph Mark Pavusik, as well as Production of Document Request, were served upon counsel for Defendant, Jane Pyryt Pavusik, by hand delivery, addressed as follows: KatWeen Carey Daley, Esquire 1029 Scenery Drive Harrisburg, P A 171 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 Attorney for Plaintiff DATED: June 8, 2000 " Z 111' ::;; () c: ;: m 111 ~ ~" )> '" '- z ~ .- C ((l Ul r :" ~ c: ~ 111 as: ~ Z Q,'U "' Z 111 r '~ en '" IT! !'1 ~ ~ I (j) r m Ul < ,m c: ~"'r >C < )> z [D )> ::0 [D " o " 9 - '" '" 0 '':::> () 0 'T! C ~ L. ~_.,- -.I::1 -0(.0 I,.. f11rr] ,~ JZ:XI , -'.-i zs:~ 'D ~'T" _ (l).t;'" ~:~~~ '-<: .7 r:::c;' -u '- :Jl: ~~f5. ~o 0 N Olll >c .. ~ ~ en ~ ~" ,~- ,,_~o " "_'_"~_""'_' t. ~_ .'-;' c~_ -~ '-ne"-, -.0--~"",;",'d,k-t",c' ,--,_",_,_,~_,_'_'d---';,+,.,~-_-.__;;",,-li"-,-,.'",t",kc-'';;:-, ~""k.; '-~ JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000 - 510 JANE PYRYT PA VUSIK, _______ Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO DEFENDANT'S COUNTERCLAIM AND NOW, this ~"<ray of June, 2000 comes Joseph Mark Pavusik, II, Plaintiff in the above-captioned matter, by and through his attorney Barbara Sumple-Sullivan, Esquire files his Answer to Defendant's Counterclaim to Complaint in Divorce and states as follows: COUNT ill INDIGNITIES 16 . No responsive pleading is required of this averment. 17. Denied. As stated in Paragraph 13 ofPlaintitI's Complaint for Divorce, Plaintift\Counter-claim Defendant (hereinafter referred to as "HUSBAND") is the innocent and injured party. WHEREFORE; Husband requests this Honorable Court to deny Wife's request to enter a decree in divorce in accordance with Section 3301(a)(6) of the Pennsylvania Divorce Code. COUNT IV ALIMONY 18. No responsive pleading is required of this averment. l _, " -~" .__, _ .. ,'c. -,< - -- "', ." "'"', ',,,,,, --:,.~, <~_t" ", ~-"" ,,~,,' '~. _ ,,,,,,1,1,,,; .- -'i --,--, -"';""-'~chl _.....;;,h,.L.._'^'o'.,,=;',"'> ,,'c' _ 19. Denied. It is denied that Defendant\Counter-Claim Plaintiff (hereinafter referred to as "WIFE") lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. WIFE has an earning capacity well in excess of that of HUSBAND. WIFE has turned down available employment at incomes in excess of Husband's solely in an effort to increase and/or create any obligation for HUSBAND. 20. Denied. It is denied that WIFE requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Husband requests that this Honorable Court deny Wife's request for alimony. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 21. No responsive pleading is required of this averment. 22. Denied. It is denied that HUSBAND earns in excess of$150,000 gross per year. It is averred that the parties' combined adjusted gross income for 1999 was approximately $52,000. It is denied that HUSBAND's assets have not yet been ascertained. On January 28, 2000, HUSBAND forwarded a summary of values of the marital estate to WIFE. The only assets that have not been fully disclosed are WIFE's accounts, IRAs, life insurance and pension\employment benefits. 2 .,,' '0' -- - ", '-, ~;,","'~ . '';;,=,'-- ,~.',~,~-,,,,.~,.,',,--, "-"'''~-,-'''~,"-'''''~''I ".'-.~-' <- ., ,- " ,."~ 23. Admitted in part. Denied in part. It is admitted that WIFE has employed counsel. It is denied that WIFE is unable to pay said attorney fees. Strict proof at trial is demanded. 24. Denied. It is denied that WIFE is unable to sustain herself during the course of this divorce action. WHEREFORE, Husband requests that this Honorable Court deny Wife's request for alimony pendente lite, interim counsel fees, costs and expenses. COUNT VI EXCLUSIVE POSSESSION OF MARITAL RESIDENCE 25. No responsive pleading is required of this averment. 26. Admitted. 27. No responsive pleading is required. WIFE has raised no basis for this Honorable Court to award her exclusive possession of the parties' residence. To the contrary, WIFE has been uncooperative in HUSBAND's attempts to establish his separate household. WHEREFORE, Husband requests that this Honorable Court deny Wife's request for exclusive possession of the marital residence. 3 ,-,,,-",, ~.,,, ,'~<'''--- -"''''-c-__='_"''~__~'._"__'_''''__''_''~~_'~''',,"''-,_,__''<i._~%!_C_ i<";--" COUNT VII MAINTENANCE OF LIFE INSURANCE 28. No responsive pleading is required ofthis averment. 29. Admitted. 30. Denied. No responsive pleading is required. As further answer no basis for this requirement has been plead or established and adequate assets exist to protect any interest WIFE would have in equitable distribution. 31. No responsive pleading is required. WHEREFORE, Husband requests this Honorable Court to deny Wife's request for the maintenance of all life insurance policies. Respectfully submitted, Dated: June 8, 2000 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court J.D. No. 32317 4 ""'"' -< < ~,-. - j JOSEPH MARK P A VUSIK, II, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000 - 510 JANE PYRYT PAVUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Joseph Mark Pavusik, II, hereby certifY that the facts set forth in the foregoing Answer are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C. SA Section 4904 relating to unsworn falsification to authorities. Dated: ~/6ftooo I { , c., ,..,,' , _ 0 t ' ~ --" .~,"- ":" ,_". ~"- v__-". "'" '-, "H -:"" ."-,', ,- '"",,, "",."~;"",,_;,~~,:,",,,.,;, "._,__ ,,,;,-.0;-,(,h;(:~",,~,",,{,. ~,~,-~, _,_,,~'~,:;"",',J, JOSEPH MARK P A VUSIK, II, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2000 - 510 JANE PYRYT PA VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certifY that on this date, I served the foregoing Answer to Defendant's Counterclaim, in the above-captioned matter upon the following individual by hand delivery, addressed as follows: KatWeen Carey Dailey, Esquire 1029 Scenery Drive Harrisburg, P A 17109 DATED: June 8, 2000 B bara Sumple-Su1livan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court lD. No. 32317 Attorney for Plaintiff -.(<~ ~ ~ z ~ o C l:: m 111 ;0 ~ z o '1l 111 Z Z (II. '<: \;: ~. )> <n ~ w m :g! o G) '" m -l ~ '" '" -l ~ ;0 [Jl > ;0 > r ~ ~ 3: 0 11 ::( r n -r;rt ~L _lJl t: r r <: > z " o. ." ~ to 6l >'-'4""''''''''"~~'~"~'_~__"._", , / '/ " :-'",-"'.,,.,- o c go -Uti::- --~-~~~ ~.g, b..-., """7(,._ ~--C-t PC' ~ ., ,__L"c. ' s:-; ......., ,"'j 'n ~-,=. ",--.{ '.0 '-~'-: t~J ~~Js, -St~ o ---{ )>- ~ *'v :J?: ~-~" f~ :.J <::> - .', .L' '.- ~" -J: JOSEPH MARK P A VUSIK II, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA 00-0510 CIVIL JANE PYRYT P A VUSIK, Defendant CIVIL ACTION - LAW IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL ANSWERS ORDER AND NOW, this "z-" ~ day of November, 2000, the court being in receipt of the defendant's answer to the plaintiffs rule to show cause, which answer alleges that responses were given to the plaintiffs interrogatories and request for production of documents, the within motion to compel shall be deemed dismissed as moot unless oral argument thereon is requested by the plaintiff within ten (10) days hereof. This order is entered without prejudice to the plaintiff to file a motion to strike off defendant's objections to interrogatories together with a proposed order for argument thereon. BY THE COURT, Barbara Sumple Sullivan, Esquire For the Plaintiff .-/) c~ -rq;JJ JI-:l}-OO R~S Kathleen Carey Daley, Esquire For the Defendant :rlm ,",-,' \....' , FiLED-OfF'iCE "~.v'~':i!OTAFiY Or} "nil "111.;0;, 3: "'n ,( P~;)~ ,:.w <t~. .1.... '"'I 'f "-, ."-- '.',', " _., f~ ITI' GUi',/iij;-:h!...hi '1:"; c..Uul~ I r PEr\fj\ISYL~~~~NIA ::111 -", ...-, -."