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HomeMy WebLinkAbout97-05858 , --, " Ii '1 ::s Q - - CJ ~ !of :j o n , i I i \ "- '" \ i ) /}! ,/ r.. " - . ~ . . c.J Cloo ~ l>. '<) " " ~ ~ . ~ ,'<<, .*, ,*' 'lC ;8 :* I~ I I~ iij ~ ~ ~ 8 ~ ~ ~ ~ 8 8 ~ ,~ ~ ,~..~*~..~.*.~~..*..~..~..~..~.~..~..*..~~..~.~.*~. .. *'~.'~'~'~-~~'~"~'~'*'~~-'~~'-~'~'~'~ ~ ~ ", f ~" , ~. ~ ~ :.;. :-:.:. -:~, <c- <<<. ':.:-- .:.;, IN THE COURT OF COMMON PLEAS . ., ~i I iii I ~i ~ iii ~ ~ ~ ~l' iii :1 ~i ~I , OF CUMBERLAND COUNTY ~!\" STATE OF ;~~ PENNA. ROBERTA I. BILOUS, Plaintiff l\ I), 97-S8S8Ci"i,~. II) 97 \'I'I'..,IL~ DENNIS S, BILOUS, Defendant DECREE IN DIVORCE AND NOW, ""., ,~,~.,J\",,~ :t,','" 19.71.,. it is ordered and -, ~ *. *. *. g *. ~ ~ 8 8 8 *. ~ 8 8 81 ~I ~I.,,;-. .......... ~_' .~. .~. ':'.' '~_' '~.' ..... ,;,t'." decreed that ,.,.......'".. ~O)lF;RTAl;. ,IULOVS . .. , .. . . .. , , '. plaintiff, and.......""". ,DENNIS. S. .BILOUS.",.."",.,..,....,'. defendant, are divorced from the bonds of matrimony, The terms of the Marriage Settlarent AgreeIIEllt entered into by the parties on March 1, 1999, are incOrpOfilted herein,. . 'd" f h f II ' I' h' h h he court retains IUrlS Ictlon 0 t e 0 oWing calms W IC ave been raised of record in this action for which a tinal order has not yet been entered; None" , ."....",...... .... .,.. ..... ..... ....." ."...,. ..,. '" ..,. ...... ,........ ... ... Ily ~h CO'/fl: / --; . r{ J:f-r- Ailed:, ad.:, ~y~ ~ J. / '7"?i'~"t< K )31>/t' (1.-;( ~ ~ ~ Prothonotary 8 8 8 8 ( . !~ ij ~ ~ ~ ~ l~ I~ l~ i~ ( ~M i' Ii! l~ !~ (0. '~ " '~ '~ , ' ;~ , 3-/7.'lf M.~M~ ~4 ~ ..,t Ittj ~ , , , , ,.,. ....." '1 I' , /i " (/ '.1, AGREEMENT BETWEEN DENNIS S. BILOUS AND ROBERTA I. BILOUS Max 1. Smi1h, Jr., Esquire Counsel for Husband Kathleen Carey Daley, Esquire Counsel for Wife TABLE OF CONTENTS SECTION I: Introduction J SECTION II: General Provisions 4 SECTION III: Support, Alimony, Alimony Pendente Lite Provisions, College Expenses, Heal1h Insurance, and Income Tax Deductions (Dependents) 10 SECTION IV: Property Distribution Provisions 11 SECTION V: Closing Provisions and Execution 14 SECTION II GENERAL PROVISIONS I. MUTUAL CONSENT DIVORCE The partie.~ intend to secure a mutual consent, no fault divorce pursuant 10 the provisions of Section 330 I(c) of the Divorce Code of 1980, as amended and will execute Ihe documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreemenl, 2. EFFECT OF DIVORCE DECREE The panies agree that unless otherwise specifically provided herein. this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered wi1h respect to the parties, 3. AGREEME1IIT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall no1 be deemed merged into any judgment or decree for divorce obtained by either party, This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend 1ha1 all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement aclion filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execulion" or "execution date" of lhis Agreement shall be defined as 1he dale upon which it is executed by the parties if they have each executed 1he Agreement on the same date, Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4 S. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Kathleen Carey Daley. Esquire, The provisions of this Agreement and their legal effect have been fully explained to Husband by his attorney, Max J, Smi1h, Jr" Esquire, The parties acknowledge that they fully understand the facts and have been fully informed as to their legal rights and obligations. and they acknowledge and accept that this Agreement is, in 1he circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execulion of this Agreement is notlhe result of any duress or undue influence and that it is no1 the result of any collusion or improper or illegal agreement or agreements, 6. TAX PROVISIONS The parties believe and agree, and have been so advi~d by their respective attorneys, thaI the division of property heretofore made by this Agreemen1 is a non-taxable division of property between co-owners rather than a laxable sale or exchange of such property Each party promises not to lake any position with respect to the adjus1ed basis of lhe property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns, The parties have herelofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, stale or local income tax is proposed, or any assessmenl of any such tax is made against either of them, each will indemnifY and hold harmless the olher 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 misrepresen1a1ions or failures to disclose lhe nature and extent of his or her separate income on the aforesaid joint returns, 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separa1e and apart, They shall be free from any contact. restraint. interference or authority, direc1 or indirect, by the olher in all respects as fully as if they were wunanied, Er :, may, for his or her separa1e use or benefit, conduct, C8ITY on and engage in any business, occupation, profession or employment which to him or her may seem advisable, Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any mC3/1S whatsoever with him or her, 5 8. MUTUAL REI.EASES E~cept as otherwise expressly provided by 1his Agreement: A Each party hereby absolutely and unconditionally releases and forever discharges 1he other aM the estate of the olher for all purposes !Tom any and all righ1s and obligations which either may have or at any time hereafter have for past, present or future suppon or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising ou1 of 1he marital relationship or otherwise, including all righls and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments. as well as under any other law of any olher jurisdiction. e~cept and only except all rights. agr~ments and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither pany shall have any oblig31ion 10 1he other not e~pressly set forth herein, B, Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, e~ecutors, adminislralions, assigns, propeny and estate from an)' and all rights, claims. demands or obligations arising out of or by virtue of the marital relationship of 1he panies or olherwise, whether now e~isting or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any fonner or future acts, contracts. engagements or liabilities or the other or by way of dower, cunesy, widow's rights. family e~emption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat alifelime conveyance by the other as testamentary, or all other rights of a surviving spouse to panicipate in a deceased spouse's eslate, whether arising under 1he laws of Pennsylvania, any state, commonwealth or territory or the United States, or any olher country, It is e~pressly understood, however. loot neilher the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of lhe other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to e~ecution hereol). nor 10 defeat the right of either pany to receive any legacy, bequest or residuary ponion oflhe other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was e~ecuted prior or subsequent to this Agreement. C. E~cept for any cal:se of ac'ion for divorce which eilher party may have or claim 10 have, and e~cepl for lhe obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each pany gives to the other by the execution of this Agreement an absolule and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equily, which ei1her pany ever had or now has against the olher, 6 13, LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance wi1h 1he laws of 1he Commonwealth of Pennsylvania, 14. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, 1his Agreement shall be binding and shall inure 10 the benefit of lhe panies hereto and their respective heirs, executors, administrators. successors, and assigns. IS. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties olher than those expressly set forth herein, 16. OTHER DOCUMENTATION Wife and Husband covenan1 and agree that they will forthwith (within ten (10) days at most after demand thereot) eXe1:ute any and all written instrumenls, assignments, releases, satisfactions, deeds, nOles or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 17. NO WAIVER OF DEFAIJL T This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the lenns of this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affe1:t 1he righl of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall1he waiver of any breach of any provision hereof be construed as a waiver of slrict perform'lllce of any other obligations herein, 8 18. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independen1 covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only 1hat term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaclion of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 19. ,MANNER 01" GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to DeMis S, Bilous, 10 I~. I WI'X~:1\l ~,,~, "';~~~&i'counsel for Dennis S, Bilous, or such other address as Husband from time to time may designate in writing, Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to Robena I. Bilous, 4223 Nantucket Drive, Mechanicsburg. PeMsylvania 17055, or counsel for Roberta I. Bilous, or such other address as Wife from time 10 time may designate in writing, 20. HEADINGS NOT PART OF AGREEMENT Any headings preceding lhe text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 21. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt a reconciliation, This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statemenl declaring this Agreement or any term of this Agreement to be null and void, 9 4. INCOME TAX DEDUCTIONS (DEPENDENTS} The parties agree that Wife shall be entitled to claim 1he partics' daughter, Kristen Bilous as a dependent on all of her income tax returns, The parties agree that Husband shall be entitled 10 claim the parties' son, Kevin Bilous, as a dependent on all of his income tax returns, SECTION IV PROPERlY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERlY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances. pictures, books, works of art and other personal property, Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the posS!lssion of Wife shall be the sole and separate property of Wife, The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other, Z. RETIREMENT BENEFITS Husband and Wife are lhe owners of various retirement accounts, Husband agrees to transfer to Wife the sum of Fifteen Thousand ($15,000.00) Dollars, from his Individual Retirement Account with Prudential Securities, It is anticipated that this will be a tax-free distribution incident to any instruments required to transfer this fund to an IRA to be iclentiF.cd by Wife, In addition to the above described interest, Wife shall receive the following accounts as her sole and separate property: I. T1ANCREF Retirement Plan 2, Individual Retirement Plan 3. PSERS Defined Benefit Pension Plan 11 Husband shall receive 1he following Rccounts u his sole and I4Ipara.. property after the rollover of funds 10 Wife u provided above' I, The remaining balance in the Individual Relirement Plan with Quick &. Reilly 2 Savings and Thrift Plan ], Civil Service Retirement System Det1ned lIenelll!,lan With the exceplion of the above transfer, lIusband and Wire hereby specit1cally release and waive any and all interest, claim or rightlhal he or !!he nlllY have tOll/lY and all retirement benet1ts (including pension or profit sharing benefils) or olher similar benet1.. of the olher party The panics further acknowledge and agree that they shall execule any dlx-'Umenll pursuant \tIthe Retirement Equi1Y Ac1 or any similar act Ihal may be required rrom lime to lime 10 accomplish lhe purposes of lhis Paragraph, 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounls Husband and Wife agree that these accounts shaJ] be lhe sole and separa1e property ofll1e perlon in wholMl name they are titled and each party waives any right. title or inleres1they mlY hive in Ihe olher plrties' account. 4. AIJTOMOBII.F.S The parties are lhe owners of various aUlolllobiles Ilusband and Wire agree thaI these automobiles shall be the sole and separate pmperty of Ihe penon in whllle nil me lhey are titled and each party waives any righi, tille or interestlhey lIIay h8ve in the other parties' automobile, Each pany shall be responsible for any loans on his nr her ~cliiclC.l distrihuted under this Agreement. 5. I.IFE INSURANCE The panies are the owm..n of ~arIIKIS Iile in!llll anee policies The policies shall be the sole and separate property oflhe il15Urcd and eadl party waives III1Y right, tille or inlerest they may have in 1he olher panics' policy 6. CURRENT L1AUII.I'Iu::t Wife and lIushand reprcsef1l thai tliey have laken all steps necessary to make sure that no 12 credi1 cards or similar IICCOUJIlS Clcist as of1he date of execution of1his Agreement which provide for joint liability. From the date of execution of1his Agreement, each party shall use only those credit cards and accoun1s for which that party is individually liable, Husband and Wife agree that all individual debts shall be the sole anti separate propeny of the person in whose name they are titled, By accepting sole responsibility of these debts, each party shall keep the other and hislher property, successors, assigns, heirs. executors and administra10rs indemnified and held harmless from any liability, costs or expense, including attorney's fees, which may be incurred in connection with lhese individual debts, 7. W AlYER OF PAYMENT OF LEGAL FEES Each pany hereby agrees to be responsible for any legal fees incurred on their behalf 8. AFTER-ACOUIRED PROPERTY Each of the panies shall hereafter own and enjoy, independently of any claim or right of the other, all items of property. be they real, personal or mixed, tangible or intangible, which are acquired by him or her after execution of this Agreement. with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 9. CASH PAYMENT Husband shall pay to Wife the remaining swns of monies escrowed in Dauphin Deposit Bank, which represents the remaining proceeds from the sale of1he Marital Residence, These funds are held in escrow by Attorney Max 1. Smith, Jr. Upon the signing of this document. the parties agree that the account shall be closed and the balance of this account will be transferred 10 Wife, Husband hereby specifically releases and waives any and all interest, claim or right that he may have to these monies. In addition, Husband agrees that any real property purchased by Wife, after the date of separation, shall remain the sole and separate property of Wife, 13 " SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered 1his Aarecment and all of 1he statements, terms, conditions, and provisions thereof prior to signing below, IN WITNESS WHEREOF. intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below, 411',~ WITNESS ~^': ,.. Q.., r.;. D Jh,A- DENNIS S, BILOUS 3/1/01 DATE ~H'A" l0l~ ITNESS'J '--J!. ,}./J ~t ""''-40 ......{A. c/ j ;)<..,('Ptc.? RO ERTA I. BlLOUS ~ DATE " 14 \ ROBERTA I, BILOUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v, NO, 97.5858 CIVIL DENNIS S, BILOUS, Defendant IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorce under ~3301(c) of1he Divorce Code was filed on October 22, 1997, 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, 1 consent to the entry of a final decree of divorce after service of notice of inten1ion to request entry of the decree, I verifY that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa,C,S.A. ~4904 relating to unsworn falsification to authorities. Date: ~/11'f( ~i,~ Dennis S, Bilous, Defendant By: Social Security No, J Ii' ~- - ~ 10 - D 4 J. ~ ROBERTA I. BILOUS, Plain1iff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION . LAW v, NO. 97-5858 CIVIL DENNIS S, BILOUS, Defendant IN DIVORCE AFFIDA vir OF CONSENT 1. A Complaint in Divorce under ~JJOI(c) of the Divorce Code was filed on October 22,1997, 2, The marriage of Plaintiff and Defendant is irre1rievably broken and ninety (90) days have elapsed from the date ofming and service of the Complaint, J, I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. I verifY that the statemenls 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,A, ~4904 rela1ing to unsworn falsification to authorities, Date: ~l.:.3j , By: f~-'~ cf' dfe~ Ro erta I. Bilous, Plaintiff SocialSecurityNo, Ii 7 .3 g 8.3 7 t.J v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW NO. rj 1. ')'~jr (J {_tHot ROBERTA I, BILOUS, PlainlitT DENNIS S, BILOUS, 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 failla do so, the case may proceed wilhout you and a decree of divorce or annulmen1 may be entered against you by 1he Court. A judgment may also be entered against you for any other claim or relief reques1ed in these papers by 1he 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 indignilies or irretrievable breakdown of the marriage, you may request marriage coun!;e1ing, A list of marriage counselors is available in the office of the Pro1honotary, Cumberland Counly Courthouse, One Courthouse Square, Carlisle, PA 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, Lawyer Referral Service Court Administrator Cumberland County Courthouse Carlisle. PA 17013 (717)240-6200 NOTICIA Le han demandado a usted en la cone, Si usted quiere defenderw de estas demandas e"puestas en las paginas siguientes. usted tiene viente (20) dias de plazo aI 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 cone en forma escritll sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomara medidas y puede entrar una orden contra lISled 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 imponanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTE, SI NO TlENE ABOGADO 0 SI NO TlENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUY A DlRECCI0N SE ENCUENTRA ESCRlTA ABAJO PARA AVERlGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Lawyer Referral Service Coun Administrator Cumberland County Counhouse CarUsle, PA 17013 (717)-240-6200 ROBERTA I BILOUS. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA CML ACTION. LAW v. NO. l7 1 OJ" J ~ f (~_( f.'f I -T'~, ...-~ DENNIS S, BILOUS. Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE AND NOW comes the above Plaintiff, Roberta I. Bilous, by her attorney. Kathleen Carey Daley. Attorney at Law, and seeks to oblain a decree in divorce from the above-named Defendant. upon the grounds hereinafter set forth: 1. The Plaintiff. Roberta l. Bilous, is an adult individual who resides at 136 Deerfield Road. Camp Hill, Cumberland County, Pennsylvania 17011. 2, The Defendant, Dennis S, Bilous, is an adult individual who resides at 136 Deerfield Road, Camp Hill. Cumberland County, Pennsylvania 17011, J, The Plainliff and Defendant are sui juris, and bolh have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months inunediately preceding the filing of this Complaint. 4. The Plaintiff and Defendan1 were married on September 25, 1971, in Erie. Penmylvania, 5, Neilher Plaintiff nor Defendant is in the military or naval service of the United Stales or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Ac1 of the Congress of 1940 and its Amendmenls, ,u ! 6. Plaintiff avers that there is one child Jf the parties under the age of 18, namely: , A. Kristen Bilous, born March 7, 1980. B, The other children born of this marriage are over the age of 18, 7, The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken, After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce, Plaintiff believes that Defendant may also file such an Affidavit, B, Section 3301(d), The marriage of the parties is irretrievably broken, The Plainlilf and Defendant separated on or about October 2, 1997, 8, There have been no prior actions in divorce bel ween the parties, 9. P!aintilfhas been advised of the availability of counseling and tna1 Plaintiff may have the right to request the panies to participate in counseling, 10, The parties may enter into a written agreemen1 with regard 10 support, custody, visitation of children. alimony and property division, In the event that such an agreement is executed by the panies, the agreemen1 may be incorporated by 1he Court into 1he final Decree of Divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendan1, COUNT II EQUI1'ABLE DISTRIBUTION II. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full, 12, Plaintiff and Defendant have acquired property. both real and personal during their marriage from 1he date of their marriage until on or about October 2, 1997, the date of their separation. 13, Plaintiff and Defendant have been unable 10 agree as 10 an equitable division of said property, WHEREFORE, Plaintiff requests your Honorable Court 10 equitably divide all marital property. I verilY that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S.A. ~4904 relating to unsworn By: "I.Ct Hid v; a1h1een Carey Dale , Attorney No, 30078 1029 Scenery Drive Harrisburg, P A 17109 (717) 657-4795 falsilica1ion to authorities, ?~ -L-' .:?, / By: ~" u.-iLo. c"i tJ).d'd-~ Roberta I. Bilous. Plaintiff Date: 'oj/y'f 7 Attorney for Plain1iff ROBERTA I. BILOUS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW v. NO, 97-~8S8 CIVIL DENNIS S, BILOUS, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Mal( J, Smith, Jr" Esquire, do hereby accept service of the true and correct copy ofilie Complaint in Divorce on behalf of my client, Dennis S. Bilous, Ihe Defendant in 1he above case, Respectfully submiued, JAMES, SMITH & DURKIN , ' '}I ' '\ '. i I ." .." , "-_ -'j , ' .' ;'. l. , . ..~. /i Mu J, Smi1h, Jr" Esquire Allomey No, ' , ' 134 Sipe Avenue Hummels10wn, PA 17036 (717) 533-3280 Allomey for Defendant {\ , ',- ,~ Dllte: r1,hhl.. (_I 'J)7 .iI " - ',' I' f . , f i I , t ROBERT A J. BILOUS, Plaintiff : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW v, : NO, 97-5858 CIVIL DENNIS S, BILOUS, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To 1he Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: I, Ground for divorce: irretrievable breakdown under ~330 I (c) ofthe Divorce Code, 2, Date and manner of service of the complaint: October 27. 1997. Max J, Smith, Esquire, allomey for Defendant signed Acceptance of Service (filed November 3, 1997) 3. (Complete either paragraph (a) or (b),) (a) Date of execution of1he affidavit of consent required by ~3301(c) of Ihe Divorce Code: by Plaintiff: March I, 1999; by Defendant: March I, 1999, (b)(I) Date of execution ofthe affidavit required by ~3301(d) of the Divorce Code: Nt A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: Nt A, 4, Related claims pending: None S, (Complete either (a) or (b),) (a) Date and manner of service of the notice of intention to /lIe praecipe to transmit record; a copy of which is attached: Nt A (b) Date Plain1ifl's Waiver of Notice in ~3JOI(c) Divorce was /lIed with Ihe Prothonotary: March 8, 1999 Date Defendanl's Waiver of Nctice in fiJJOI(c) Divorce was /lied with 1he Prothonotary: March 8, 1999