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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
KATHLEEN L. PASDA,
PLAINTIFF
No.
00 - 2000
VERSUS
MARK J. PASDA,
DEFENDANT
DECREE IN
DIVORCE
AND NOW,
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, IT IS ORDERED AND
DECREED THAT
KATHLEEN L. PASDA
, PLAINTIFF,
AND
MARK J. PASDA
, 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;
It is further ordered and decreed that the Marriage Settlement Agreement
executed by and between the parties, dated May 26, 2000, is incorporated
by reference into this Decree for the purposes of enforcement, but shall
not be deemed to have been merged with
By THE
ATTEST:
PROTHONOTARY
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~GESETTLEMENTAGREEMENT
by and between
Kathleen L. Pasda
and
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Mark J. Pasda
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M~AGESETTLEMENTAGREEMENT
AGREEMENT MADE this dU "'Lday of vfY( ~
, 2000, by and
between KATHLEEN L. PASDA ("Wife") - AND - MARK J. PASDA ("Husband"), at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife having been married on September 11,
1982, at Allentown, Pennsylvania.
WHEREAS, two (2) children were bomofthis marriage; said children being:
Megan Pasda, bom April 1, 1985; and
Stephanie Pasda, born April 19, 1988.
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 rights 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 andlor maintenance
of Wife by Husbantl or of Husband by Wife; settling of all matters between them relating to the past,
present and future support andlor 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.
NOW, THEREFORE, in consideration of the foregoing premises and ofth~ 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
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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 from each other and to reside from time to time at such place or places as
they shall respectively deem fit, free 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 orher
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 has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania at docket number 00-2000. 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 90 days after service of the Divorce Complaint. Thereafter, counsel for
Wife shall file a Praecipe 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.
The parties have previously closed Harris Bank accounts 1850005252 and 29881133. These
accounts have been divided to their mutual satisfaction.
A. Husband's Property. The following property shall become the sole and
exclusive property of Husband:
(
1. Husband's Pennsylvania State Employees' Retirement System
pension; and
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2. Deferred Compensation Plan through Husband's employment with the
Commonwealth of Pennsylvania.
3. PSECU checking and savings account no. 211443283. Wife's name
shall be removed from these accounts.
4. Wife shall provide Husband with Sixteen Thousand ($16,000.00)
Dollars upon the refinancing of the mortgage associated with the property located at 12
Patton Road, Mechanicsburg, Pennsylvania. At the time of refinancing, Husband shall
cooperate in signing the documents necessary to effect the refinancing, including but not
limited to, executing a deed transferring all right, title and interest in the property to Wife.
5. 1992 Mitsubishi Eclipse.
6. All household goods, furniture and personalty in his possession as of
the date of this Agreement. Husband shall also have the bed with brass headboard, dining
room table and chairs, his clothing and containers and the aluminum ladder.
B. Wife's Property. The following property shall become the sole and
exclusive property of Wife:
1. The house and lot situate at 12 Patton Road, Mechanicsburg,
Pennsylvania subject to all existing liens and obligations. Wife shall refinance the
mortgage on the marital home. At the time of refinancing Wife shall provide
Husband with Sixteen Thousand ($16,000.00) Dollars as required per paragraph
2.AA above.
Upon the signing of this Agreement, Wife shall be entitled to
exclusive possession of the residence located 12 Patton Road, Mechanicsburg,
Pennsylvania.
, 2. Schwab IRA Account No. 6937-7429.
3. Commerce Bank checking account no. 0513145136 and Commerce
Bank savings account no. 616108818.
4. 1996 leased Dodge Neon.
5. All household goods, furniture and personalty at the marital home.
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C. Children's Property. The following property shall be held for the sole
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and exclusive use and benefit of the children, sharing equally: Harris Savings accounts
1802128071 and 1802128072 shall continue to be held in Wife's name and the children's
names. These funds shall be used for the children's college expenses.
3. Taxes. The parties have heretofore filed joint federal and state tax returns. Both parties
agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment
of any such tax is made against either of them, each will indemnify and hold hannless the other from and
against any loss or liability for any such tax deficiency or assessment and any interest, penalty and
expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the cause of the misrepresentations or failures
to disclose the nature and extent of his or her separate income on the aforesaid joint returns.
4. Additional Documentation. The parties agree to execute any deeds, assignments, titles
or other instruments necessary and appropriate to accomplish the aforesaid division of property.
5. Transfers Subjectto Existi!I2Liens. Notwithstanding any other provisions in this
document all property transferred herennder is subject to the existing lien or liens set forth above. The
respective transferee of such property agrees to indemnify and save hannless the other party from any
claim or liability that such otl1er party may suffer or may be required to pay on account of such lien or
encumbrance.
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6.
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 right, 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.
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7.
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 rights 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 intr\Jduction 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.
8. Relinquishment of Ri2hts. Except as expressly provided herein, Husband forever
relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets
now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or .
hereafter have in any tangible or intangible assets now belonging to Husband.
9. After-Acquired Property. Each of the parties shall hereafter own and enjoy
independently of any claim or right of the other, all items of property, be they real, personal or mixed,
tangible or intangible, which are hereafter 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.
10. Deb'ts. Wife shall be solely responsible for the lease payments on the 1996 Dodge Neon.
Husband and Wife agree that there are no joint debts other than the mortgage on the marital home which
is being transferred to Wife. Wife has agreed to be solely responsible for the mortgage.
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
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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.
11. 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 pl!flY, 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 from all debts or liabilities incurred by him or her, as the case maybe, and from all
actions, claims and demands whatsoever with respect thereto, and from 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 from 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.
12. 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.
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13.
Waiver of Alimony. In exchange for and in consideration of the promises and
representations made hereunder, Husband and Wife hereby waive and release any and all right, title,
interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may
have against the other or the respective separate property of the other under the laws of the
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Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the
nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary,
rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division
or assignment of property or similar marital rights.
14. Child Support.
A. Husband shall pay to Wife for the use, benefit, support and maintenance of
the minor children, the sum of Seven Hundred Eighty ($780.00) Dollars per month. The
support payment shali be paid in full between the 1 st and 5th of each month beginning
June 1,2000. If Husband is more than 30 days late in making a support payment to Wife,
then Wife shall have the option to have this Agreement regarding support reduced to an
Order enforceable through the Domestic Relations Office. The support payments set
forth herein shall continl,le until the oldest child shall complete high school, become
emancipated, marry, or die, whichever first occurs, at which time they will be reduced
according to the support guidelines in effect at that time. Upon the youngest child's
completing high school, becoming emancipated, marrying, or dying, whichever first
occurs, the support payments shall terminate.
The'parties anticipate that Husband may accept a different position with his
current employer at a lower salary. Upon written verification to Wife that Husband's
salary has decreased through acceptance of a new position with his current employer,
Husband's monthly child support obligation will decrease to Seven Hundred ($700.00)
Dollars per month. (
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B.
Husband shall provide Blue Cross, Blue Shield, Major Medical or
equivalent coverage for the benefit of the children for so long as it is available through his
employment. Ifhealth insurance coverage is no longer available through Husband's
employment, then the parties shall cooperate in determining which party can provide the
most comprehensive health insurance through eIl).ployment. Any costs for health
insurance shall be divided between the parties with Husband paying sixty (60%) percent
and Wife paying forty (40%) percent.
C. Unreimbursed medical, dental and orthodontic expenses shall be divided
between the parties with Husband paying sixty (60%) percent and Wife paying forty
(40%) percent.
D. The parties agree that in the event of a material change in the cost of living
or the financial circumstances of either party, or of a change in the present custody
arrangement, the amount of the support payments shall be subject to an appropriate
adjustment by agreement or, if the parties are unable to agree, by a court of competent
jurisdiction.
15. Colle2eSupport. The parties agree that they will encourage their children to
pursue a college education. The parties also agree to cooperate in discussing the financial
matters relating to the costs of college tuition, room and board.
16. Custody.. The parties agree that the legal custody of their children shall be joint, with
both parties having the right to make major parenting decisions affecting each child's health, education
and welfare. Physical custody shall also be shared. The parties agree that the child/en's primary
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residence shall be with Wife at 12 Patton Road, Mechanicsburg, Pennsylvania. During such times as
each child resides with the parties as set forth above, the parent having physical custody shall be
responsible for all aspects of child care, including medical, and shall have the duty to immediately
advise the other parent of any unusual occurrence or any illness.
17. Life Insurance. Husband shall be required to name the children as sole
irrevocable beneficiaries on all policies insuring Husband's life available through his
employment. Husband shall maintain said policies until the youngest living child attains age 18
or graduates from high school, whichever occurs later. If Husband's employment is terminated
whether voluntarily or involuntarily, Husband shall be required to obtain life insurance policies
equivalent to those provided through his current employment. The children shall continue to be .
named as sole irrevocable beneficiaries until the youngest living child attains age 18 or graduates
from high school, whichever occurs later. Upon request from Wife, Husband shall provide Wife
with written verification that the policies and beneficiary .designations are in place.
18. 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 andlor 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.
19. 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 eSfute, or any part
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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.
20. Indemnification. Each party represents and warrants to the other that he or she has not
incurred any debt, obligation, or other liability, other than described in this Agreement, on which the
other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding
is 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.
21. General Provisions. This Agreement constitutes the entire understafiding of the parties
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and supersedes any and all prior agreements and negotiations between them. There are no
representations or warranties other than' those expressly set forth herein.
22. 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.
23. 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 daIIlages 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.
24. Exel:ution of Documents. Each party shall on demand execute any other documents that
may be necessary or advisable to carry out the provisions of this Agreement.
25. Modification. No modification, rescission or aIIlendment to this Agreement shall be
effective unless in writing signed by each of the parties hereto.
26. Severability. If any provision of this Agreement is held by a Court of competent
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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.
27. Applicable Law. This Agreement shall be construed under the laws of the
Commonwealth ofPeunsylvania.
28. A2I"eement Not to be Mer2ed. This Agr~ement 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, arid in addition, shallretain any remedies in law or in eqnity under this
Agreement as an independent contract. Such remedies in law or equity are specifically not waived or
released.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
Witness:
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KATHLEEN L. PASDA
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MARK .PASDA . ,
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COMMONWEALTH OF PENNSYLVANIA :
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COUNTY OF DAUPHIN .
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Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Kathleen L. Pasda, who being duly sworn according to law deposes and says that she is a party
of the foregoing Agreement and she executed same for the purposes therein contained.
Witness my hand and seal this I q ~ day ~f ~ ' 2000.
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My Commission Expires:
Notarial Seal
Vicky L. Fitz, Notary Public
Harrisburg, Dauphin County
My Commission Expires Dec. 5, 2002
Member, Pennsylvania Association ot Notaries
COMMONWEALTH OF PENNSYLVANIA .
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COUNTY OF CUMBERLAND :
Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and
County, Mark J. Pasda, whq being duly sworn according to law deposes and says that he is a party of
the foregoing Agre~rnent and he executed same for the purposes therein contained.
Witness my hand and seal this ;;6 day of $/1 Y ,2000.
N~~
My Commission Expires
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!I 5676-1-4/PRAECIPE TO TRANSMIT/A VUkld
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KATHLEEN L. P ASDA,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 00 - 2000
MARKJ. PASDA,
DEFENDANT
CNIL 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 g3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: Defendant's counsel was served with the
Complaint on April 3, 2000 via U.S. Mail, first class.
3. (a) Date of execution of the Affidavit of Consent required by g3301(c) of the Divorce
Code: by Plaintiff on July 13, 2000; and by Defendant on July 14, 2000.
(b) (1) Date of execution of the affidavit required by g3301(d) of the Divorce Code: Not
applicable.
(2) Date of filing and service ofthe Mfidavit upon the respondent: Not applicable.
4. Related claims pending: None.
5. Complete either (a) or (b).
(a) Date and manner of service ofthe Notice ofIntention to File Praecipe to Transmit
Record, a copy of which is attached: Not applicable.
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(b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: Simultaneous with the filing of this Praecipe.
Date Defendant's Waiver of Notice in !l330l(c) Divorce was filed with the
prothonotary: July 17, 2000.
Date: July 19, 2000
SMIGEL, ANDERSON & SACKS
By: Lu~
Ann V. Levin, Esquire
I.D. # 70259
2917 North Front Street
Harrisburg, P A 17110
(717) 234-2401
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - c9ttQ? <2icJ;( ( I~
KATHLEENL. PASDA,
PLAINTIFF
MARK J. P ASDA,
DEFENDANT
CIVIL ACTION - 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 armulment 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 HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
TWO LIBERTY AVENUE
CARLISLE, P A 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.
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5676-1-41D1VORCE COMPLAINT/ A VLlkld
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o"..:J.lHru ~ f.v.---
KATHLEEN L. P ASDA,
PLAINTIFF
MARKJ.PASDA,
DEFENDANT
CIVIL ACTION - DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes Plaintiff, Kathleen L. Pasda, by her attorneys, SMIGEL, ANDERSON &
SACKS, and represents as follows:
COUNT I
DIVORCE UNDER SECTION 3301(c) OR 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Kathleen L. Pasda, who currently resides at 12 Patton Road, Mechanicsburg,
Pennsylvania and has resided there since on or about November, 1994.
2. Plaintiffs Social Security No. is 169-48-4837.
3. Defendant is Mark J. Pasda, who currently resides at 12 Patton Road, Mechanicsburg,
Pennsylvania and has resided there since on or about November, 1994..
4. Defendant's Social Security No. is 211-44-3283.
5. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six (6) months immediately previous to the filing of this Complaint.
6. The Plaintiff and Defendant were married on September II, 1982, at Allentown,
Pennsylvania.
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7. There have been no prior actions of divorce or for annuhnent between the parties.
8. The marriage is irretrievably broken.
9. Plaintiff has been advised that counseling is available and that Plaintiff may 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: Megan
Pasda, date of birth, April 1, 1985, and Stephanie Pasda, date of birth, April 19, 1988.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce.
COUNT II
EQUITABLE DISTRIBUTION
11. Plaintiff repeats and realleges the averments of paragraphs 1 through 10 which are
incorporated by reference herein.
12. Plaintiff and Defendant possess various items of both real and personal marital property
which is subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an
inventory and appraisement has been filed by the parties.
SMIGEL, ANDERSON & SACKS
Date: March 29, 2000
By:
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LEROY SMIGEL, ESQUIRE
LD. #09617
ANN V. LEVIN, ESQUIRE
LD.#70259
2917 NORTH FRONT STREET
HARRlSBURG,PA 17110
(717) 234-2401
ATTORNEYS FORPLAINTITF
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VERIFICATION
I, Kathleen L. Pasda, verifY that the statements contained in the foregoing pleading are true and
correct to the best of my knowledge, information and belief. I understand that false statements therein are
made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities.
Date: .3 -;;2 J'.-d 6
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Kathleen L. Pasda
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CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - 2000
II MARK J. P ASDA,
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DEFENDANT
CNIL ACTION - DNORCE
ACCEPTANCE OF SERVICE
I, Ronald A. Turo, counsel for Defendant, accept service of the Complaint in Divorce on behalf
of Defendant and certifY that I am authorized to do so.
Date:
Y/7~
RONALD A. TURO, ESQUIRE
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PLAINTITF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 00 - 2000
MARKJ. PASDA,
DEFENDANT
CNIL ACTION - DNORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on March 31, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from 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 Mfidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification
to authorities.
Date:
7-/3-rJO
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KATHLEEN L. PASDA, PLAINTITF
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PLAINTITF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - 2000
MARK J. P ASDA,
DEFENDANT
CNIL ACTION - DNORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses 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 unsworn
falsification to authorities.
Date:
7- J j-K)
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KATHLEEN L. PASDA
Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
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MARK J. PASDA
Defendant
:NO.00-2000
CIVIL TERM
:CIVIL ACTION - DIVORCE
II
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on
i March 31,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety:
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(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
I VERIFY THAT THE .STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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Plaintiff
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:NO.00-2000
CIVIL TERM
MARK J. PASDA
Defendant
:CIVIL ACTION - DIVORCE
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~ 3301 U!) 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 THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN 'I
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. ~4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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PLAINTITF
IN THE COURT OF COMMONS PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
V.
NO, 00 - 2000
MARK J. PASDA,
CIVIL ACTION - DNORCE
DEFENDANT
NOTICE OF ELECTION TO RETAKE MAlDEN NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a final decree in
divorce from the bonds of matrimony on the 2nd day of August, 2000, hereby elects to retake and
hereafter use her maiden name of Swain, and gives this written notice avowing her intention in
accordance with the provisions of the Act of May 25,1939, P.L. 992, as amended.
Date:
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Kathleen L. Pasda, Plailltiff
TO BE KNOWN AS
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Kathleen L. Swain
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STATE OF PENNSYLVANIA
SS,
COUNTY OF DAUPHIN
On the I 0 \ill day of August, 2000, before me, a notary public, personally appeared
Kathleen L. Swain, also known as Kathleen L. Pasda, and known to me to be the person whose
name is subscribed to the within document, and acknowledged that she executed the foregoing
for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
Notarial Seal
Vicky L. Filz, Notary Public
Harri~bu!g, Dauphin County
My CommiSSion Expires Dec. 5, 2002
Member, Pennsylvania Association at Notaries
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