HomeMy WebLinkAbout97-00031
\
l
v?
C
.~
o
l..-
f
,JJ
"7
j
cIJ
C
. -
rJ
o
L.
E
~
F
J
\
I
1-
IN)
\
i I
\r
_'0-;
., :0; :0; :0: :0: ,.: :0; -:o;f" :0;, :.:- :0: :e: '. .: 0 ,0: .,0:_::0'0; :.; :0; ,0:- :., ,.. ;0; '.: ,.
"
~ ,~
~ "
, ,
,..J
'''1
, I
~!
~)
"I
.~ '
~
~!
~,
~
,.
~
~
~
,'.
~
~
~
~
~
','
~
~
~
~
~
~
'.'
~
,;;
;1
~I
:;'
".:.:.
t:
~:
:.:
IN THE COURT OF COMMON PLEAS
~:
~:
OF CUMBERLAND COUNTY
;~~,~.
.~ r ,i;~:.',
\ .......:,......,..-:'1
~!
,.:
~
STATE OF
PENNA.
~
~
~
TRACY L. MROZINSKI
PLAINTIFF
:\'11, 97-0031 Civil
,,~X
\', I !:.
JAY R. MROZINSKI
DEFENDANT
DECREE IN
DIVORCE
AND NOW, ' , , ,
'", '1"~~J
19 'ff
/ -> - , if is ordered and
decreed that , ,TRACY, L.MROZINSKI,
ond ",JAYR" MROZINSKI,
. . . . . . . . . .
, plaintiff.
defendant.
..,....... .
........... .
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following cloims which have
been raised of record in this action for which a final order has not yet
been entered;
enclosed Property Settlement Agreement,dated",
is hereby incorporated, by, reference.,
/
/l v Th~ C.. II " II /
; '\ ~v /l/c'--
"
AII",I: <.."(,, A, "
~-rH.rrft....( (
/
/c-. t/'_',
/C) 7/ ,_.I,
~~'.I1L.."f.. "'"11
"1 ... '" c..~
; '7 ./
^?-'f:
PI'f1fllOllolilry
'),
~;.K_~t;A/ ~ "- L
/
~ _V"'/;
1_ . -:..:.<.-"c. t /
~***************~**********~
~
,~
, .~
~
, '
..
I','
I"
,~
I ~
I.'
c','
,
)~
I,:,
! ,~
'I ~.
r,._
,~
I:
\ t:
I:
)~
,~
i",
j'!;
i~
i'"
I~
)~
, '
'~
'~
~
~
~.
~'
:~
~
;~
~
~:
~
~
~:
.~
~
~:
~'
.~.
~
.'
.:.;
1.05. /Jate (if Marria~e. The Panics were married on October 6, 1990, in Camp Hill,
Cumberland County, Pennsylvania, and ever since that date have been, and are now, husband and
wife,
I'
1.06. /Jate (if Separatio//. The Panics have been living separate and apart from each
other since January 5, 1997,
1.07. Childrell (if Partie.\". The Parties have one child, Ilanna Marie Mrozinski, born to
their union as of the Date of this Agreement, and Wife is not now pregnant.
1.08. Separatioll (if Partie.\" alld /Jil'OrL'/! Actio//. The Parties agree that grounds for
divorce from their bonds of matrimony currently exist, and they arc currently living separate and
apart, A complaint for the divorce of the Parties has been filed in the Court of Common Pleas of
Cumberland County, Pennsylvania, (at docket number 97-0031 Civil Term) and is now pending.
;
.
I
,
,
i
I
r
I
,
ARTICLE II.
PURPOSE OF AGREEMENT AND EFFECTIVE DATE
2.01. Selllemell1 (if Property. It is the purpose and intent of this Agreement to settle
forever and completely the interests and obligations of the Parties in all property that they own
separately, and all property that would qualify as marital property under Section 3501 of the
Pennsylvania Domestic Relations Code and that is referred to in this Agreement as "marital
property", as between themselves, their heirs, and assigns, The Parties have attempted to divide
their marital property in a manner that conforms to a just and fair standard, with due regard to the
rights of each Party, The parties have attempted to divide their marital property in a manner
which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations
Code, taking into account the following considerations: the length of the marriage; the age,
health, station, amount and sources of income, vocational skills, employability, estate, liabilities,
and need for each of the parties; the opportunity of each party for future acquisition of capital
assets and income; the sources of income of both parties, including, but not limited to medical,
retirement, insurance or other benefits; the contribution or dissipation of each party in the
acquisition, preservation, depreciation, or appreciation of marital property; the value of the
property set apart to each party; and the standard of living of the parties established during their
marriage,
The division of marital property is not intended by the Parties to constitute in any way a sale or
exchange of assets, and the division is being effected without the introduction of outside funds or
other property not constituting a part of the marital property,
2.02. Support (if Spou.\"e.\", The Parties intend by this Agreement to allocate sufficient
property and income to each so as to provide completely for all needs of each for future support,
2 of 12
2.03. /iffeeli\'(! /Jale. This Agrccmcnt shall bccomc ell'cctive on the date signed by
Husband, Jay R, Mrozinski,
2.04. J'Jfeel of Uecolleilialioll. It: liner the divorce of the Parties is final, they reconcile
and resume cohabitation, regardless of whether they subsequently remarry each other, this
Agreement shall remain in full force and ell'cct.
ARTICLE III.
DISCLOSURES
3.01. Warrallly of /oilll /Ji,\'c1oslIre, Elich Party represents and warrants that he or she
has made a full and fair disclosure to the other of all of his or her property interests of any nature,
including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to
which any property is subject. Each Party further represents that he or she has made a full and
fair disclosure to the other of all debts and obligations of any nature for which he or she is
currently liable or may become liable, Each Party further represents and warrants that he or she
has not made any gift or transfer for inadequate consideration of marital property without the
prior consent of the other. No representation or warrunty by either Party in this Agreement or in
any writing furnished pursuant to this Agreement contains any untrue statement of a material fact,
or omits any material fact required to make the statement not misleading,
3.02. COlllilllled Validily of Marilall'roperly. lletween the date of separation and the
date of this Agreement, neither Party has:
(a) Incurred any obligations or liabilities except current liabilities incurred in their
individual capacities,
(b) Mortgaged or encumbered any marital property, tangible or intangible,
(c) Canceled any debt or claim or sold or transferred any marital property.
(d) Suffered any damage, destruction, or loss, whether or not covered by insurance,
affecting marital property, business, or prospects, or waived any jointly held right
of substantial value,
(e) Entered into any transaction in any way related to any marital property other than
in the ordinary course of business,
Since the date of separation, there has been no event or change in condition, financial or
otherwise, materially affecting the value of any marital property, other than changes in the
ordinary course of business,
301'12
3.03. Acces,~ 10 nIX /{ell/f/l.I', Each Pany acknowledges that, to the extent desired, he or
she has had access to all joint and separate state and federal tax returns filed by or on behalf of
either or both Parties during marriage
3.04. UliKalio/l. There are no actions or proceedings pending against either Party or
involving any marital propeny at law or in equity or before any federal, state, municipal, or other
governmental body, Neither Party is aware of any facts that might result in any action, suit, or
proceeding against either Pany or against any marital propeny, Neither Party is in default with
respect to any order or decree of any court or of any governmental body, and no marital property
is liable for the payment of any obligation by order or decree of any coun or governmental body.
3.05. FiIi/lK of Tax RI!/IIf11s, All federal, state, and local tax returns required to be filed
by the Parties have been filed, and all federal, state, and local taxes required to be paid with
respect to the periods covered by the returns have been paid, Neither Pany has been delinquent in
the payment of any tax, assessment, or governmental charge, Neither Party has had any tax
deficiency proposed or assessed against him or her, nor has executed any waiver of the statute of
limitations on the assessment or collection of any tax,
3.06. 71111! 10 Proper/il!s a/ld Assels. All marital propeny has good and marketatle title,
No marital property is subject to any mongage, encumbrance, or restrictions, except as disclosed
heretofore as securing specified liabilities,
ARTICLE IV.
CONFIRMATION OF SEPARATE PROPERTY AND SEPARATE DEBTS.
4.01. HI/sba/ld's Separall! Properly. The Panies confirm that the following property is,
at all times during marriage was, and shall after divorce remain, the separate property of Husband:
(a) Sundry items of personal property that are not specifically enumerated in the instant
Agreement.
(b) Motorcycle,
The Parties further confirm that any income from and increases in value in this separate property
that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Wife, and that this income and appreciation in value is the separate property
of Husband,
4.02. Wifl!'s Separall! Properly. The Panies confirm that the following property is, at all
times during was, and shall after divorce remain, the separate property of Wife:
(a) Sundry items of personal property that are not specifically enumerated in the instant
Agreement
(b) 1988 Oldsmobile Ciera
4 of 12
The Parties further confirm that any income IhJlll and increases in value in this separate property
that accrued during marriage were solely due to reasons wholly independent from any
contribution made by Husband, and that this income and appreciation in value is the separate
property of Wife,
4.03. Septmlle I'roperty '!f III/shal/ll wilh Marilallmeresl, The Parties confirm that the
following propcrty is, at all times during marriage was, and shall after divorce remain, the separate
property of Husband:
(a) None
However, the Parties confirm that the amount of $0 represents appreciation in value of this
separate property that accrued because of the contributions of Wife to the marriage. This amount
is to be considered as marital property and subject to the equitable division of marital property as
set forth in Article V of this Agreement.
4.04. Separale Properly of Wife wilh Marital Imeresl. The Parties confirm that the
following property is, at all time during marriage was, and shall after divorce remain, the separate
property of Wife:
(a) None
However, the Parties confirm that the amount of $0 represents appreciation in value of this
separate property that accrued because of the contributions of Husband to the marriage, This
amount is to be considered as marital property and subject to the equitable division of marital
property as set forth in Articles V of this Agreement.
4.05. Release of Imeresl iI/ Separate Property, Except as set forth in Paragraphs 4.03
and 4.04, each Party releases forever any claim to or interest in the separate property of the other
as set forth in this Article IV, whether the interest might arise incident to the marital relationship
or otherwise.
4.06. Separale Dehts of HI/shand. The Parties confirm that the following debts and
obligations are, at all time during marriage were, and after divorce shall remain, the separate debts
of Husband:
(a) None
4.07. Separale Dehls of Wife. The Parties confirm that the following debts and
e,bligations are, at all times during marriage were, and after marriage shall remain, the separate
debts of Wife:
(a) None
5 of 12
4.08. IlIdemllity for Separatt' I kh/S, Each Party agrees to pay his or her separate debts
as set forth in Paragraphs 4.06 and 4.07 of this Agreement Each agrees to hold the other
harmless from any and all liability on account of these separate debts and obligations, If any
claim, action, or proceeding seeking to hold the other Party liable on account of these debts and
obligations is instituted, the responsible Party will at his or her sole expenst' defend the other
Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim,
action, or proceeding,
4.09. Io):emptioll from 1\'CJllilah/e l>istrihlllioll. Except as set forth in Paragraphs 4.03
and 4.04 of this Article concerning appreciation in value of separate property during marriage, the
Parties acknowledge that the existence of and value of all separate property, and the existence of
and amount of all separate debts, as set forth in this Article, were not considered in determining
the division of the marital property of the Parties as set forth in Article V of this Agreement or the
allocation of the joint debts of the Parties as set forth in Article VI,
ARTICLE V.
DIVISION OF MARITAL PROPERTY
5.01. MarilaIProper1y. All marital property of the Parties is subject to division in this
Agreement
5.02. SlIlIdry Items. The Parties mutually agree that they have effected a satisfactory
division of the furniture, household furnishings, appliances, tools and other household personal
property between them, and they mutually agree that each party shall from and after the date
hereof be the sole and separate owner of all such property presently in his or her possession
whether said property was heretofore owned jointly or individually by the Parties hereto, This
agreement shall have the effect of an assignment or bill of sale from each party to the other for
such property as may be in the individual possession of each of the Parties hereto.
5.03. Property to Wife. Wife shall receive from the marital property, to own and enjoy
as her separate property, the following described properties, rights, and interests:
(a) $1,200
5.04. Property to Hllshalld. Husband shall receive from the marital property, to own
and enjoy as his separate property, the following described properties, rights, and interests:
(a) 1988 Ford Ranger (April 1996 black book (wholesale) value - $4,925)
5.05. Assllmptioll of I\/Icllmhrallces alld Indemllity. Each Party assumes all
encumbrances and liens on all of the property transferred to him or her pursuant to this
Agreement as specified below, Each Party agrees to indemnify and hold the other Party harmless
from any claim or liability that the other Party may incur because of any encumbrances or liens, If
any claim, action, or proceeding seeking to hold the other Party liable on account of any lien or
6 of 12
encumbrance is instituted, the responsible Party will at his or her sole expense defend the other
Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim,
action, or proceeding,
Encumbrances Assumed by Husband:
(a) A VCO Financial Services:
$1,164.30 representing balance (on or about separation date)
for engine on 1988 Ford Ranger -
Encumbrances Assumed bv Wife:
(a) balance of VISA
(b) balance of Master Card
(c) balance of Montgomery Ward
$1,300.37
1,142,16
mml)J9~
$2,573.58
representing the outstanding balances (on or about separation date),
5.06. Properly Il1.l1IrallCe, All insurance on property transferred pursuant to this
Agreement is assigned to the Party receiving the property, and payment of the insurance
premiums from this date on shall be the sole responsibility of the Party to whom the insurance is
assigned,
ARTICLE VI.
PA YMENT OF DEBTS AND OBLIGATIONS.
6.01. Joilll Debls. All joint debts and obligations of the Parties are subject to division in
this Agreement.
6.02. A.\:\'l/mplioJ/S by HI/sballd Husband agrees to pay and to hold Wife harmless on
the following debts and obligations:
(a) balance ofCITGO gas
(b) balance of Lowe's
If any claim or action is initiated seeking to hold Wife liable for any of these debts or obligations,
Husband will, at his sole expense, defend Wife against the claim or action, and indemnifY her
against any loss resulting from the proceeding,
6.03. AS,\'I/lllpliolls by Wife. Wife agrees to pay and hold husband harmless on the
following debts and obligations:
(a) Hanna's Gerber Life Insurance Policy premiums
(b) balance of Bon Ton
70fl2
AIHICLE VIII.
n:.:s AND COSTS
8.01. AI/ortleys' Fees alld ()tlwr ('o,\'t,\'. Husband agrccs to pay the following fees of
counsel and other costs incurred in connection with the complaint for divorce and this Agreement:
. Costs associated with his own counsel.
. Filing fees,
Wife agrees to pay the following fees of counsel and other costs incurred in connection with the
complaint for divorce and this Agrcement:
. Costs associated with her own counsel.
. Filing fees,
The Parties agree that the followi!lg costs incurred in connection with the complaint for divorce
and this Agreement shall be divided equally between them:
. None
8.02. /.imitatioll of Partie,\' /.iahilities. Except as provided in Paragraph 8.01, neither
Party shall be liable to the other for any costs or fees incurred by the other in connection with the
negotiation, preparation, and execution of this Agreement and in connection with any action
initiated by either Party for the purpose of obtaining a decree of divorce of the Parties.
8.03. III the I~'l'ell/ of Breach In the event that either Party breaches any provision of
this Agreement, and the other Party retains counsel to assist in enforcing the tenns thereof, the
Parties hereby agree that the breaching Party will pay all attorney's fees, court costs and expenses
incurred by the other Party in enforcing the Agreement.
ARTICLE IX.
GENERAL PROVISIONS
9.01. Release of All Claims. Except as specifically set forth in this Agreement, each
Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes
of action that have been incurred during the marriage between the Parties,
9.02. General Dilly to Indemllify. Each Party represents and warrants to the other that
he or she has not incurred any debt, obligation, or other liability, other than those described in this
Agreement, on which the other Party is or may be liable, Each Party covenBnts that if any claim,
action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation,
liability, act, or omission related to the marriage of the Parties for which that Party is responsible
under the terms of this Agreement, the responsible Party will, at his or her sole expense, defend
the other against the claim or action, In addition, each Party covenants that he or she will
indemnify and hold harmless the othcr Party with respect to all damages resulting from the
proceeding,
9 of 12
Damages. as used in this Agreement. shall include any loss. cost. or their liability without
limitation that results from the prosecution of any claim. action. or demand, Damages shall also
include reasonable attorney fees and other expenses incurred in the investigation or in the attempt
to avoid the litigation. or in enforcing any right of indemnity, In addition. the damages must result
from any inaccurate representation made by or on behalf of either Party to the other in or pursuant
to this Agreement. or from a breach of any of the covenants, promises. or obligations made by or
incurred by either Party in ur pursuant to this Agreement. Each Party agrees to give the other
prompt written notice of any demand. claim, or litigation that is threatened or instituted against
him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of
this Paragraph,
9.03. Credil Cardl' alld AI'CII/II/I.\', All existing charge accounts and credit cards in the
names of Husband and Wife. or in the name of either of them under which the other may be
extended credit for purchases. shall be closed or surrendered to their issuer as of the effective date
of this Agreement.
9.04. Righi 10 Live Sepa/'{/Ie{v alld Free Frolll IlIlerjerellce. The Parties shall live
separate and apart from each other, Neither Party shall interfere with the other Party in any
respect, Each Party may carry on and engage in any employment or their activity as he or she
may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use.
ownership. or disposition of any property now owned or subsequently acquired by the other,
9.05. A cl.\' Prior 10 I:/llry (if IJil'Orce IJecree. Each Party agrees that neither shall enter
into any transaction or perfonn any act that would constitute a breach of the representations.
warranties. or promises contained in this Agreement. Each Party will allord to the other. or his or
her representative. reasonable access. during normal business hours, to the books and records of
all marital property. and will cooperate in the examination, No examinations, however, shall
constitute a waiver or relinquishment by either of the right to rely on the covenants,
representations and warranties of the other as provided in this Agreement. Each agrees to hold in
confidence all infonnation so obtained, and any document or instrument obtained pursuant to this
Paragraph shall be held on an express trust for and on behalf of the other.
9.06. Nalure alld Survival (if lIepre.\'ellla/ioll.l' alld Warrall/ie.\', All statements of fact
contained in any document delivered by either Party to the other for infonnation or reliance
pursuant to this Agreement shall be considered representations and warranties under this
Agreement. All representations and warranties of the Parties shall survive the entry of the divorce
decree,
9.07. lIecordv (if Marilal Properly, For a period of three (3) years following the date of
entry of the divorce decree, the books of account and records of all marital property pertaining to
all periods during marriage and prior to the date of entry of the divorce decree shall be available
for reasonable inspection by either Pany or their representatives for use in connection with any
lawful purpose,
100fl2
.
.
9.08. Wail'l'r of UiKh/s /(1 O/hl'r J'a"'y\ F.\/a/e, Each Party waives any and all of the
following rights:
~
J
(a) To inherit any part of the estate of the other at his or her death,
,
(b) To receive property jj-omthe estate of the other by bequest or devise, except under
a will or codicil dated subsequent to the eflcctive date of this Agreement.
(c) To act as a personal representative of the estate of the other on intestacy,
(d) To act as an executor under the will of the other, unless nominated by a will or
codicil dated subsequent to the eflcctive date of this Agreement.
9.09. Malllll'r of PaY/IIellls alld No/ice. All payments and notices provided for in this
Agreement shall be considered properly and timely made if deposited in the United States mail in
an envelope bearing adequate postage and addressed to the recipient at the address specified in
this Agreement, or at any other address that may be designated in writing, on or before the date
provided for in this Agreement.
9.10. J~ecl//ioll ofO/her Docl//IIell/s. Each of the Parties shall on demand execute and
deliver any document and do any act that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either Party fails on demand to comply with this
provision, that Party shall pay to the other all attorney's fees, costs, and other expenses reasonably
incurred as a result of the failure,
9.11. No Olller Agree/llellls, This Agreement supersedes any and all other agreements
between the Parties, either oral or written, that relate to the rights and liabilities arising out of the
marriage. This Agreement constitutes the entire agreement of the Parties with the exception of a
separate Custody Stipulation and Agreement.
9.12. ParliaJ IlIvalidily. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall
continue in full force and effect without being impaired or invalidated,
9.13. Waiver of Breach. The waiver by one Party of any breach of this Agreement by
the other Party shall not be deemed a waiver of any other provision of this Agreement or of any
subsequent breach of the same provision,
9.14. A/IIelld/llelll or Modificalioll. This Agreement may be amended or modified only
by a written instrument signed by both Parties,
9.15. SI/ccessors alld AssiKIIS, This Agreement, except as it otherwise expressly
provides, shall be binding on and shall inure to the benefit of the legatees, devisees, heirs,
executors, administrators, assigns, and successors in interest of the Parties,
1101' 12
~
t
I
I
I
I
I
5, There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken, The foregoing facts are averred and
brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended.
7, Plaintiff has been advised that marriage counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate in
counseling, Having been so advised, the Plaintiff does not desire the Court to order
counseling.
WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in
divorce, divorcing Plaintiff from Defendant.
Respectfully submitted,
athleen D. Keatin Esquire
Attorney I.D. # 66271
44 South Hanover Street
Carlisle, PA 17013
(717) 240-0145
Attorney for the Plaintiff
n .n
(::) ~ c n
7CJ ,', -.l
.'nr, . ~,
~ ~ ~ '.'}, . ~:..l
..
It t.. . .,. , "j31
(,: I "g
~. LJ ,.
V) r~, . _.)
~ , . . I
C ~: --:u
~ .',-r
- ;i.
~ '0
C- .. ,. )f11
1S" ~ ~ ,,1
- .' ~;
-l (Jl -.;
~
-
a
i
"
r, 1"'1 :-}
-J " ,
-- :11
~ :1
")
'.. :(1)
'II ' 1
.I
" J
,I "
.,
::> .~J
... ...;,;:
r., .'; .:l
_J " ,
:
~ .11
, "
'.: '~.t
:~)
, I
1 ~, j
, I
;"'1
I
::"J ~:. ~
--: .(.- -,
('.
!
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L. MROZINSKI,
Plaintiff
v,
CIVIL ACTION - LAW
IN DIVORCE
JAY R, MROZINSKI,
Defendant
NO, 97-0031 Civil Term
CERTIFICATE OF SERVICE
AND NOW, this 13th day of January, 1997, I, Kathleen D. Keating, Esquire, hereby
certify that the following person was served with a True and Correct copy of the Divorce
Complaint filed in the above-referenced matter,
The Divorce Complaint was mailed on January,3. 1997, but actual service took place
on January 6, 1997 by Defendant signing for a copy of the Divorce Complaint which was
mailed in the United States Mail, Certified Mail -- Return Receipt Requested, Restricted
Delivery, Postage Prepaid, addressed as follows:
Jay R. Mrozinski
63 Cherry Lane
Carlisle, P A 17013
A copy of the signed Domestic Return Receipt is attached hereto as Exhibit" AU and by
reference incorporated herein and made a part hereof.
athleen D. Keating, Es ire
Attorney I.D, # 66271
44 South Hanover Street
Carlisle, PA 17013
(717) 240-0145
~
t
ti
"..J
, ,
"
"
: ~.
,
, -J
( )
, ,1
,
JIll
I
-.!
, '
I'
I',J
..
::)
CJ
,
r
f
I
"',... in i~ tl
f'(;
gS .
.. :~i _
iN '31
- -~:~ 7C ~
l:L ',- ~ ~
i r;r
M :5
'~~ _. >1
(f! t'l
d)
& ,... ~1
q, u {'
1
j 8
1I.. t::
:'i W l iD
&\~M~~
\,)1 C; z 0 ;;;
~ - ... to.
J~ 0 ~i (..
t: lJ i: l'
, < OJ ll!
i
Ill,
.
.
'.. . , .. " ,.
!
.. 9/u;ma~ r!lJ. CfiOIdd-
'" ;
ATTORNey AT LAW ,:-,
2 E MAIN srREET ;.::;~~
SHIREMANSTOWN, PA 1?01l .,. .) ,r,'{
?I?? 31-1461 "
>- In
cr: -"
.'
1= .t;
1...'
LU. ,,' ,. "
(.J ~'_: ., , .'
rl.:5. ..~ ~.j
I!_ ~: ;
II !', '-
'J:) i"f)
(....),' )-:,..-
lLI' ' -?
__JI" r: '..
u" , 'l'J
~ 'Cl.
(. L..
to, ,... ~ .,
CJ c~ (.J
t
I
TRACY L. MROZINSKI,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 0031 CIVIL TERM
JAY R. MROZINSKI,
DEFENDANT
IN DIVORCB
ORDBR
AND NOW this
day of February, 1997 after reviewing
Petitioner's Petition for Marital Counseling it is hereby ORDERED
that Respondent, Tracy L. Mrozinski, and Petitioner, Jay R.
Mrozinski, appear on the
day of
, 1997
at
.M. in Courtroom #____, Cumberland County Courthouse,
Carlisle, Pennsylvania to show cause why the Petitioner's Petition
should not be granted.
BY THE COURT:
J.
TRACY L. MROZINSKI,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 0031 CIVIL TERM
JAY R. MROZINSKI,
DEFENDANT
IN DIVORCE
PETITION FOR MARITAL COUNSELING
The Defendant, Jay R. Mrozinski, by and through his attorney,
Thomas D. Gould, pursuant to Section 3302 of the Divorce Code,
petitions this court to require that the parties attend three (3)
counseling sessions.
1. The Plaintiff, Tracy L. Mrozinski, filed a complaint in
divorce on January 3, 1997 under Section 3301(c) & (d) of the
divorce code, alleging that the marriage is irretrievably broken.
2. In a letter dated January B, 1997 Defendant requested
that Plaintiff voluntarily agree to marital counseling.
3. In a reply letter dated January 20, 1997 Plaintiff stated
that she would not voluntarily agree to attend joint counseling.
4. In a telephone conversation on February 4, 1997
Plaintiff's attorney advised Defendant's attorney that Plaintiff
would participate in personal counseling with Defendant, but stated
that she would not voluntarily attend marital counseling.
5. Section 3302(b) of the Divorce Code provides that, if
section 3301(c) is the ground for divorce, the court SHALL require
up to a maximum of three counseling sessions within 90 days
following the commencement of the action where either of the
parties requests it.
I verify that the statements made in this Petition for Marital
Counseling are true and correct.
I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.
4904, relating to unsworn
Date: "C )z /?"?
/ I
~,
f
!.i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L, MROZINSKI,
Plaintiff
c',
"
U:t
-J
v,
CIVIL ACTION. LAW
IN DIVORCE
~ ';
, .
JAY R. MROZINSKI,
Defendant
NO, 97-0D31 Civil Tenn
, ;
,.
-,
-:>
o_J
AFFIDA VIT
I, Tracy L, Mrozinski, being duly sworn according to law, depose and say:
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
Prothonotary' 5 Office, which list is available to me upon request.
3, Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I understand that false statement herein made are subject to the penalties of 18 Pa. C,S,
~4904 relating to unsworn falsification to authorities.
Dated: / '/;~/9c.
.,
;l
,'1
,
, ,
,"J
\
1
. j 7fl
:>.1
1-:
,Iii
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLA.'1D COUNTY, PENNSYL VANIA
TRACY L. MROZINSKI,
Plaintiff
v,
CIVIL ACTION - LAW
IN DIVORCE
JAY R, MROZINSKI,
Defendant
NO, 97-0031 Civil Term
COURT ORDER
AND NOW, this ..J.!... day of + ..'/ , 1997, upon due consideration of the
Custody Stipulation and Agreement entered into by the parties, it is hereby ordered as
follows:
L FATHER shall provide health care coverage for HANNA.
2. MOTIIER and FATIIER shall have shared legal custody of their child, HANNA.
3. MOTIIER shall have primary physical custody of HANNA.
4, FATHER shall have periods of partial physical custody of HANNA as follows, or
as the parties may mutually agree:
a) every other weekend beginning 8:00 a,m. Saturday through 7:30 p.m.
Sunday; and
b) on one or two weekday evenings, picking her up at school and returning
her to MOTHER'S custody by 7:30 p,m,
5. Every summer, FATIIER shall have custody of HANNA for a period of two
weeks, or as the parties may mutually agree, FATHER shall give MOTIIER thirty (30)
days written notice prior to the commencement date of his period of summer custody.
6, Notice of illness shall be provided to the noncustodial parent by 9:00 p.m. the
night before custody is to begin if the illness is serious enough to warrant cancellation of a
custodial visit. If the parents cannot agree whether the illness is so serious, the custodial
parent shall obtain and provide a doctor's excuse to the effect that the visit should not take
place. A make-up custodial visit shall take place on a weekend thereafter,
7. Holiday visitations shall be as set forth below, or as the parties may mutually
agree:
a) Pick up time shall be no earlier than 8:00 a,m, Return time shall be no
later than 7:30 p,m. on evenings before school.
b) The holidays of Memorial Day, July 4 and Labor Day shall be alternated
between the parents as mutually agreed,
c) MOTHER shall have Easter each year, regardless of the usual alternating
weekend schedule,
d) F ATHER shall have Thanksgiving each year.
e) Christmas Eve, Christmas Day, New Year's Eve and New Year's Day
shall be alternated between the parents by either splitting the Eves from the
holiday or alternating the holidays,
8, Mother's Day and Father's Day visitations with HANNA shall take place as
follows:
a) MOTHER shall have HANNA on Mother's Day from 8:00 a,m. until 6:00
p,m., regardless of the usual alternating weekend schedule.
b) FATHER shall have HANNA on Father's Day from 8:00 a.m, until 6:00
p,m., regardless of the usual alternating weekend schedule.
9. Each parent shall equally share in the responsibility for providing child care on
weekdays that
a) HANNA's school is not in session (i.e., holiday breaks, in-service days,
snow days, summer vacation) or,
b) HANNA is too ill to allend school.
10. Each parent shall use the other parent, when the laller is available, for baby-
sitting or daycare needs,
II. There shall be reasonable telephone access between HANNA and her parents.
12, Both parties acknowledge that it is in the best interest of HANNA to remain
2
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
TRACY L, MROZINSKI,
Plaintiff
v,
CIVIL ACTION - LAW
IN DIVORCE
JAY R MROZINSKI,
Defendant
NO, 97-003 I Civil Term
CUSTODY AGREEMENT AND STIPULATION
Tracy L. Mrozinski (hereinafter referred to as "MOTHER") and Jay R.
Mrozinski (hereinafter referred to as "F ATHER"), desiring to settle issues concerning
custody of their daughter, Hanna Marie Mrozinski, born August 2, 1993, (hereinafter
referred to as "HANNA,") hereby stipulate and agree to the entry of the following as an
Order of Court:
I . FATHER shall provide health care coverage for HANNA.
2, MOTHER and FATHER shall have shared legal custody of their child,
HANNA.
3. MOTHER shall have primary physical custody of HANNA.
4. FATHER shall have periods of partial physical custody of HANNA as
follows, or as the parties may mutually agree:
a) every other weekend beginning 8:00 a,m, Saturday through 7:30
p.m. Sunday; and
b) on one or two weekday evenings, picking her up at school and
returning her to MOTHER'S custody by 7:30 p.m,
5, Every summer, FATHER shall have custody of HANNA for a period of two
weeks, or as the parties may mutually agree, F ATHER shall give MOTHER thirty (30)
days written notice prior to the commencement date of his period of summer custody,
6, Notice of illness shall be provided to the noncustodial parent by 9:00 p,m,
the night before custody is to begin if the illness is serious enough to warrant
cancellation of a custodial visit. If the parents cannot agree whether the illness is so
serious, the custodial parent shall obtain and provide a doctor's excuse to the effect that
the visit should not take place, A make-up custodial visit shall take place on a weekend
thereafter,
7. Holiday visitations shall be as set forth below, or as the parties may mutually
agree:
a) Pick up time shall be no earlier than 8:00 a,m. Return time shall be
no later than 7:30 p,m, on evenings before school.
b) The holidays of Memorial Day, July 4 and Labor Day shall be
alternated between the parents as mutually agreed,
c) MOTHER shall have Easter each year, regardless of the usual
alternating weekend schedule,
d) FATHER shall have Thanksgiving each year.
e) Christmas Eve, Christmas Day, New Year's Eve and New Year's
Day shall be alternated between the parents by either splitting the Eves from
the holiday or alternating the holidays.
8. Mother's Day and Father's Day visitations with HANNA shall take place as
follows:
a) MOTHER shall have HANNA on Mother's Day from 8:00 a.m. until
6:00 p.m., regardless of the usual alternating weekend schedule.
b) FATHER shall have HANNA on Father's Day from 8:00 a,m. until
6:00 p,m., regardless of the usual alternating weekend schedule.
9, Each parent shall equally, share in the responsibility for providing child care
on weekdays that
a) HANNA's school is not in session (i.e" holiday breaks, in-service
2
days, snow days, summer vacation) or,
b) HANNA is too ill to attend school.
10. Each parent shall use the other parent, when the latter is available, for baby-
sitting or daycare needs,
II, There shall be reasonable telephone access between HANNA and her
parents,
12, Both parties acknowledge that it is in the best interest of HANNA to remain
close to both parents and neither parent shall do anything which may estrange HANNA
from the other parent or which may hamper the free and natural development of the
child's love and affection for the other parent
13, Each parent shall have the duty to notifY the other of any emergency. Each
parent shall provide the other with a current telephone number and address for contact.
14. Each parent shall be entitled to complete and full infonnation from any
doctor, dentist, teacher or authority and have copies of any reports given to them as a
parent Such documents include, but are not limited to, medical reports, academic and
school report cards, birth certificates, and the like, Both parents' names shall be listed
as HANNA'S parents with her school.
I S. The parties shall confer with each other on all important matters pertaining
to HANNA'S health, welfare, education and maintenance, with a view toward
obtaining and following a harmonious policy in the child's best interests and shall keep
each other informed of the progress of the child's health, education and social
adjustment
16, The parties hereto both acknowledge that prior to the execution of this
Agreement each was given the opportunity to consult with and be represented and
advised by separate and independent legal counsel and that this Agreement has been
entered into knowingly and understandingly.
3
k ~ ~
~ .
It- 0 "
~ c
~ a.
'- ,
...o.....t ~ "
, .
~ ...,
r- .. .
J
~
.......
r'
~
C. .f) r'")
..1 ":1
'n
~ Ut "
':P I -l~
Ii- -.J ,:1
--:J
i:l. ,
U\ Cl . ()
- "
Q) C) "
~ ~ : ;~- ,~
~ -J 11- ):1\
. . !
,'J ....:1
} qJ -~