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HomeMy WebLinkAbout03-0307KAREN LOUISE SARABOK, PLAINTIFF VS. GREGORY DAVID SARABOK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO.O3 - ,~7 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. 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 2 Liberty Avenue Carlisle PA 17013 (717) 249-3166 1-800-990-9108 KAREN LOUISE SARABOK, PLAINTIFF ¥S, GREGORY DAVID SARABOK, DEFENDANT AND NOW, comes the Plaintiff, KAREN LOUISE SARABOK, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is KAREN LOUISE SARABOK, an adult individual, who currently resides at 133 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055, and has resided in Cumberland County for over five (5) years. 2. Defendant is GREGORY DAVID SARABOK, an adult individual, who currently resides at 133 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 3. 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. 4. The Plaintiff and Defendant were lawfully married on June 20, 1981. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO.O3 ".~t57 CIVIL TERM _, : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 17055. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. o Services. 9. Neither Plaintiff nor Defendant was a member of the United States Military Plaintiff and Defendant have three (3) children from their marriage, ASHLEY MAE SARABOK, born September 11, 1985, TYLER JAMES SARABOK, born June 2, 1989, and MORGAN LEIGH SARABOK, born January 8, 1990. The Plaintiff and Defendant intend to jointly raise their children until the age of eighteen (18) and do not wish at this time to enter into any type of custody arrangement. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, KAREN LOUISE SARABOK, respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, KAREN LOUISE SARABOK, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January _J..~, 2003 Susan Kay Candiell~/(g'~e Counsel for Plaintiff // PA I.D. # 64998 '~J 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unsworn falsification to authorities. DATED: ~qEN~SE SARAB~)K KAREN LOUISE SARABOK, PLAINTIFF YSo GREGORY DAVID SARABOK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 03-307 CIVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code, in the above matter. Dated: January~.~, 2003 Respectfully submitted, GREGORY DAVII~ SAR~K,'7''~''''' Defendant MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this tint'day of ~[' O~ , 2003, by and between KAREN LOUISE SARABOK and GREGORY DAVID SARABOI~. RECITALS Wife's Birthday and Social Security Number: July 18, 1959 169-44-4941 Husband's Birthday and Social Security Number: March20,1959 207-44-9599 Date of Marriage: June 20, 1981 Place of Marriage: Hershey, Pennsylvania Last Marital Residence: 133 Brindle Road, Mechanicsburg, PA 17055 Date of Separation: not applicable Children: ASHLEY MAE SARABOK, born on September 11, 1985 TYLER JAMES SARABOK, born on June 2, 1989 MORGAN LEIGH SARABOK, born on January 8, 1990 Pending Court Proceedings: None Divorce Court of Common Pleas No. 03-307 Civil Term of Cumberland County, Pennsylvania 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 hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other at all times and at all locations, including but not limited to each party's place of work, nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. It is expressly understood, however, that neither 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 the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the 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 executed prior or subsequent to this Agreement. (c) Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that 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 action filed to the divorce caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shall be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the 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. 3 ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Keith O. Brenneman, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable. The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand that any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 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 other than those expressly set forth herein. ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith within a reasonable time, but not longer than thirty (30) days after demand is made by the other party, execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right 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 shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 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 independent 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 that 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 any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Keith O. Brenneman, Esquire, at Snelbaker, Brenneman & Spare, 44 West Main Street, Mechanicsburg PA 17055, 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 Susan Kay Candiello, Esquire, at Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechanicsburg PA 17050, or such other address as Wife from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the 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. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 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 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 statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. TAX LIABILITY The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale of exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her 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. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. ENFORCEMENT OF SUPPORT AND ALIMONY PROVISIONS The parties hereby agree that all of the support and alimony provisions contained in this Agreement (including both direct and indirect contributions to support and alimony, such as health care payments and the maintenance of health and/or life insurance) may be enforceable by an action in support in accordance with Pennsylvania Rules of Civil Procedure 1910.1 et seq. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions available under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it had been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all reasonable attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION Husband and Wife have agreed upon the following division of all their marital assets and liabilities with the purpose and goal of equally (50/50) dividing their marital assets and liabilities as is feasibly possible. 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have agreed upon a division of 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. Husband and Wife agree all of the marital property to be divided shall be utilized by both parties while they are residing in the marital residence. At such time when Husband shall decide to leave the marital residence, Husband shall be able to take the property the parties have agreed shall be Husband's property. At that time the parties agree the property which is in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. At that time the parties will specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Irrespective of the foregoing provisions, Husband and Wife hereby assign, convey and transfer to each other all of their right, title and interest in and to those items of personal property which are more fully described in Exhibit "A" of this Agreement. The items set forth in Exhibit "A" shall constitute the sole and exclusive property of the parties. By these presents, at the time Husband moves from the marital residence, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which shall hereafter be the sole and exclusive property of the other. 2. VEHICLES With respect to the vehicles owned by one or both of the parties, the parties have agreed upon the following: A. The parties have agreed Wife shall keep the 2003 Mercedes, which is presently titled in Wife's name. The loan for the 2003 Mercedes is a joint loan with Chase. Wife shall be solely responsible for payment of this loan. Wife shall pay the loan in full or refinance the 2003 Mercedes on or before the parties' youngest child has graduated from high school. The 2003 Mercedes shall hereafter be the sole and exclusive property of Wife. B. The parties have agreed Wife shall keep the 1995 Chevrolet Suburban, which is presently titled jointly. There are no loans for this vehicle. The parties agree to cooperate in signing the title over to Wife within thirty (30) days from the date of the execution of this Agreement. The 1995 Chevrolet Suburban shall hereafter be the sole and exclusive property of Wife, free of any liens or encumbrances. C. The parties have agreed Husband shall keep the Bayliner Boat, which is presently titled in both parties' names. There is a joint loan for the boat. Husband shall be solely responsible for the loan with Laurel Bank for the Bayliner Boat. The parties agree to cooperate in signing the title over to Husband when Husband is able to pay the loan in full or refinance the loan in his name alone. Husband shall pay the loan in full or refinance the Bayliner Boat on or before the parties' youngest child has graduated from high school. Husband shall also be responsible for all expenses and fees to Shy Beaver for the maintenance of the boat and to Raystown for the slip fees for the boat. The Bayliner Boat shall hereafter be the sole and exclusive property of Husband. D. The parties have agreed Wife shall have one (1) Four Wheeler, specifically the four- wheeler with the snow plow attachment, which is presently titled in both parties' names. There are no loans for this Four Wheeler. The parties agree to cooperate in signing the title over to Wife within thirty (30) days from the date of the execution of this Agreement. This Four Wheeler shall hereafter be the sole and exclusive property of Wife, free of any liens or encumbrances. E. The parties have agreed Husband shall have the Jet Ski, which is presently titled in both parties' names. There are no loans for the Jet Ski. The parties agree to cooperate in signing the title over to Husband within thirty (30) days from the date of the execution of this Agreement. The Jet Ski shall hereafter be the sole and exclusive property of Husband, free of any liens or encumbrances. F. The parties have agreed Husband shall keep the 1997 BMW, which is presently titled in joint names. The loan for the ~997 BMW shall be the sole responsibility of the Husband. Husband shall pay the loan in full or refinance the loan on or before the parties' youngest child has graduated from high school. The parties agree to cooperate in signing the title over to Husband when Husband is able to pay the loan in full or refinance the loan in his name alone. The 1997 BMW shall hereafter be the sole and exclusive property of Husband. G. The parties have agreed Husband shall keep the 1994 Ford Truck, which is presently titled jointly. The parties agree to cooperate in signing the title over to Husband within thirty (30) days from the date of the execution of this Agreement. There are no loans for this vehicle. The 1994 Ford Truck shall hereafter be the sole and exclusive property of Husband, free of any liens or encumbrances. H. The parties have agreed Husband shall have one (1) Four Wheeler, which is presently titled in both parties' names. There are no loans for this Four Wheeler. The parties agree to cooperate in signing the title over to Husband within thirty (30) days from the date of the execution of this Agreement. This Four Wheeler shall hereafter be the sole and exclusive property of Husband, free of any liens or encumbrances. I. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof or within thirty (30) days of the execution date, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax- free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. J. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon any of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANKACCOUNTS M&T Joint Checking The parties presently have a joint checking account with M&T Bank. The parties have agreed to maintain this account as a joint account from which to make their shared payments for some of the expenses for the marital residence, during the time period they are both residing at the marital residence. (Please see section 9. for the list of shared expenses.) Beginning on January 31, 2003 and each month thereafter on or before the last day of each month, Husband and Wife shall each deposit the sum of Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00) into this joint account as payment for their share of the joint expenses while residing in the marital residence. On or before January 31, 2003, Husband and Wife will each establish their own individual checking accounts. The joint account with M&T Bank shall be used solely for the purpose of paying the parties' shared bills for the marital residence. When Husband vacates the marital residence on or before the parties' youngest child graduates from high school, the parties agree to use the total of the monies in the M&T joint account for the payment of bills for the marital residence and close this account. Joint Savings The parties have no specific joint savings account at this time other than identified in section 4. regarding Retirement Interest. Husband and Wife agree they will execute any documents necessary to close the M&T joint checking account at the appropriate time. 4. RETIREMENT INTEREST LINCOLN/VAN GUARD 401k Wife has a 401k with Lincoln and Van Guard. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in Wife's 401k. AMERICAN EXPRESS 401k Husband has a 401k with American Express. Wife hereby agrees to specifically release and waive any and all interest, claim or right she may have in Husband's 401k. 10 M&T SECURITIES (Cash Account) The parties jointly own an M&T Securities Cash account with an approximate value of Thirty-Four Thousand Five Hundred Eleven Dollars and No Cents ($34,511.00). The parties have agreed to close this account. Husband shall receive approximately the sum of Twenty-Two Thousand Seventy-Three Dollars and No Cents ($22,073.00) from this account. Wife shall receive approximately Twelve Thousand Four Hundred Thirty-Nine Dollars and No Cents ($12,439.00) from this account. M&T SECURITIES (Stock Account) The parties jointly own an M&T Securities Stock account with an approximate value of Twenty-Six Thousand Nine Hundred Seventy-Six Dollars and No Cents ($26,976.00). Husband shall receive the total sum of this account or approximately Twenty-Six Thousand Nine Hundred Seventy-Six Dollars and No Cents ($26,976.00). M&T MONEY MARKET Account The parties jointly own an M&T Money Market account with an approximate value of Twenty-Nine Thousand Eight Hundred Fifty-One Dollars and No Cents ($29,851.00). There is approximately Fifteen Thousand Dollars and No Cents ($15,000.00) pending to be utilized for the parties' joint income taxes for 2002 and other expenses. Wife shall receive the total sum in this account or approximately Twenty-Nine Thousand Eight Hundred Fifty-One Dollars and No Cents ($29,851.00). MOMENTUM STOCK Wife owns Three Hundred Thirty-Three (333) shares of Momentum Stock with an approximate total value of Sixteen Thousand Six Hundred Sixty- Seven Dollars and No Cents ($~6,667.00). Husband shall sign all documents necessary to transfer all Three Hundred Thirty-Three (333) shares of Momentum stock to Wife. T-FRYS SECURITIES The parties jointly own securities with an approximate value of Three Thousand Eight Hundred Sixty Dollars and No Cents ($3,860.00). Wife shall sign all documents necessary to transfer all securities to Husband. CHILDREN'S ACCOUNTS MONEY MARKETAccountswithPNC Wife has a money market account, solely in her name for each child with PNC. These monies primarily originated from Wife's father, the children's grandfather. The parties have agreed Wife shall keep each of these accounts for each of the children solely in her name. Wife alone shall determine the use of these accounts for the children. Husband shall not have any input into how these accounts are used for the children. Husband hereby agrees to specifically release and waive any and all interest, claim or right he may have in these accounts. ADDITIONAL SAVINGS FOR CHILDREN The parties agree if Husband's parents should establish any savings accounts for the benefit of the parties' children, Husband shall manage and make all appropriate decisions of and concerning these accounts. 11 5. MARITAL RESIDENCE / RENTAL PROPERTIES Marital Residence/Value The parties have agreed Wife shall keep the marital residence. The parties have further agreed the approximate value of the marital residence is Two Hundred Eighty-Four Thousand Seven Hundred Seventy-Six Dollars and No Cents ($284,776.00). The present mortgage is approximately One Hundred Ninety-Eight Thousand One Hundred Thirteen Dollars and No Cents ($198,113.00). The equity in the marital residence is Eighty-Six Thousand Six Hundred Fifty-Three Dollars and No Cents ($86,653.00). Rental Properties Spring Street, Middletown, PA The parties have agreed Husband shall keep the rental property on Spring Street. The parties have further agreed the approximate value of Spring Street is One Hundred Five Thousand Three Hundred Forty Dollars and No Cents ($105,340.00). The present mortgage is approximately Sixty-Two Thousand Seven Hundred Forty-Five Dollars and No Cents ($62,745.00). The equity in Spring Street is approximately Forty-Two Thousand Five Hundred Ninety-Five Dollars and No Cents ($42,595.00). Union Street, Middletown, PA The parties have agreed Husband shall keep the rental property on Union Street. The parties have further agreed the approximate value of Union Street is One Hundred Thirty-Eight Thousand Seven Hundred Twenty-One Dollars and No Cents ($138,721.00). The present mortgage is approximately Seventy-Three Thousand Eight Hundred Ninety Dollars and No Cents ($73,890.00). There is also a line of credit on the Union Street property with an approximate value of Twenty-Four Thousand Five Hundred Dollars and No Cents ($24,500.00). The equity in Union Street is approximately Forty Thousand Three Hundred Thirty-One Dollars and No Cents ($40,331.00). West Main Street, Mechanicsburg, PA The parties have agreed Husband shall keep the rental property in Mechanicsburg. The parties have further agreed the approximate value of the rental property in Mechanicsburg is One Hundred Fifty-Four Thousand Seven Hundred Twenty-Two Dollars and No Cents ($~54,722.00). The present mortgage is approximately One Hundred Twenty-Three Thousand Eight Hundred Forty-Three Dollars and No Cents ($123,843.00). The equity in the Mechanicsburg rental property is approximately Thirty Thousand Eight Hundred Seventy-Nine Dollars and No Cents ($30,879.00). Husband and Wife hereby agree to specifically release and waive any and all interest, claim or right they may have in any increase in value and any proceeds from the sale of all the properties, identified above, being conveyed to the other party from the date of the execution of this Agreement. New Deeds to the Marital Residence, Spring Street, Union Street and Mechanicsburg Properties Wife's counsel, Susan Kay Candiello, Esquire, shall prepare deeds transferring all Husband's and Wife's right, title and interest in the marital residence and rental properties as stated above, to be executed on the day of execution of the Agreement. 12 6. JOINT DEBTS AND LIABILITIES The joint debts incurred during the marriage and unsatisfied at the time of the execution of this Agreement are as follows: 1) Mortgage on the Marital Residence (approximately) $198,113.00 Wife to assume full responsibility and refinance the mortgage on or before the parties' last child graduates from high school. 2) Mortgage on Spring Street (approximately) $ 62,745.00 Husband to assume full responsibility and refinance the mortgage on or before the parties' last child graduates from high school. 3) Mortgage on Union Street (approximately) $ 73,890.00 Line of Credit 24,500.00 Husband to assume full responsibility and refinance the mortgage and line of credit on or before the parties' last child graduates from high school. 4) Mortgage on Mechanicsburg (approximately) $ 123,843.00 Husband to assume full responsibility and refinance the mortgage on or before the parties' last child graduates from high school. 5) Bayliner Boat loan (approximately) $ 2,400.00 Husband to assume full responsibility and refinance the loan for the Bayliner Boat on or before the parties' last child graduates from high school. 6) 2003 Mercedes (approximately) $ 34,000.00 Wife to assume full responsibility and refinance the loan for the 2003 Mercedes on or before the parties' last child graduates from high school. 7) 1997 BMW (approximately) $ 8,000.00 Husband to assume full responsibility and refinance the loan for 1997 BMW on or before the parties' last child graduates from high school. Until the parties have refinanced their joint loans and debt, the parties agree to provide timely notice to each other of any intentions to refinance and/or seek additional loans, or of any action that in any manner may have a negative affect upon the financial interest in the properties for which they have joint loans, but have individually assumed full responsibility. It is anticipated the parties will cooperate in refinancing their joint marital debt as they are financially able. The parties agree to cooperate, with a common goal of obtaining the best financial status for both parties. Should either party become insolvent and/or unable to meet their monthly obligations for any joint loans between the parties while the parties continue to have joint loans, the party with 13 financial difficulties and/or insolvent agrees to cooperate in all necessary actions and make all reasonable efforts to sell any and all properties necessary to safeguard all the properties remaining with joint debt between the parties. The parties have some joint credit cards, but do not have any outstanding credit card debt. The parties have agreed to cancel and/or close all joint credit cards. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may incur in the future or has been previously incurred with respect to the parties' assumption of responsibility for the above identified mortgages, loans and debts as stated above. 7. LIFE INSURANCE The parties agree they will each maintain individual life insurance policies totaling an approximate value of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00). Husband and Wife agree the irrevocable beneficiaries of these life insurance policies shall be the parties' children, Ashley Mae Sarabok, Tyler James Sarabok and Morgan Leigh Sarabok, in equal shares. The parties further agree to make each other the trustee of their life insurance policies for the benefit of their children, so long as their children are minors. Husband and Wife may annually request of each other to see proof these policies are being appropriately and adequately maintained. Husband and Wife agree to execute all documents necessary to implement the purpose of this paragraph. 8. MOMENTUM, INC. Husband waives any right, title and interest he may have or assert against Momentum, Inc. Husband further agrees from the date of the execution of this Agreement, he will not take any action, either directly or indirectly, to interfere with any aspect of Momentum, Inc. Wife represents and warrants Husband is not a guarantor or otherwise liable for any debt or obligation of Momentum, Inc. except with respect to a line of credit obligation of Momentum, Inc. with Pennsylvania State Bank. Wife agrees she shall, within sixty (60) days of the date of this Agreement, have Husband removed as an obligor or guarantor from the Pennsylvania State Bank line of credit and to provide evidence to Husband he has been removed from all liability as a guarantor or obligor of Momentum, Inc.'s line of credit with Pennsylvania State Bank. 14 9. RESIDENCE OF HUSBAND The parties have decided Husband shall continue to reside in the marital residence following the parties' final divorce. The parties have made this decision to enable their children to have the optimal time and benefit with each parent until they each graduate from high school. Therefore, Husband will reside in the marital residence until the parties' youngest child has graduated from high school. The parties have reached their own agreements with regard to the actual living areas in the marital residence the parties will share and how they will share these living areas. During the time the parties are both residing in the marital residence, neither party shall take any actions to prevent the free and uninhibited use of the marital residence, in accordance with the terms of this Agreement. Husband and Wife agree if either should decide to dissolve the living arrangements in the marital residence prior to the anticipated date of Husband's leaving (i.e. following the parties' youngest child's graduation from high school), the party choosing to dissolve this arrangement shall provide the other party with a minimum of sixty (60) days written notice to enable the other party to make appropriate plans to accommodate the dissolution of the living arrangement. When Husband leaves the marital residence, Husband shall only be responsible for one- half (1/2) of the expenses, as identified below, for the marital residence, for the time period from Husband's last payment for expenses to Wife, through the time when Husband physically vacates the marital residence. Once Husband has vacated the marital residence and paid his one-half (1/2) of all the marital expenses as identified below, all language in this Agreement pertaining to the Husband's residing in the marital residence shall be null and void. The parties have agreed upon the sum of Five Thousand Three Hundred Fifty-Two Dollars and No Cents ($5,352.00) as the total sum needed for the monthly expenses for the marital residence, which shall be shared by Husband while he is residing in the marital residence. Wife shall be responsible for making the actual payments of the shared expenses. These shared expenses shall be paid from the parties' joint checking account with M&T Bank, which is being maintained by the parties for this sole purpose. Husband has paid to Wife the sum of Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00) into the parties' joint account with M&T to enable Wife to pay the expenses for the marital residence for the month of February. This is an estimated sum based upon the present expenses for the marital residence. Since the parties anticipate this living arrangement to continue through several years, the parties have agreed, if any of these expenses change, Husband's share of the expenses shall change in a proportionate manner. 15 The parties have further agreed Wife shall owe to Husband a cash payment of Five Thousand Three Hundred Thirteen Dollars and No Cents ($5,313.00) as a final payment to settle the division of marital property between Husband and Wife. Husband shall not have to pay to Wife the monthly agreed upon amount of Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00) for the month of March, 2003. This amount shall be deducted from the total cash payment due to Husband from the final settlement of the division of marital property. Husband shall begin again making the monthly payments of Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00) on March 31, 2003, for the month of April, 2003, and each month thereafter, while Husband is residing in the marital residence. 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) The following are the expenses the parties agree Husband will share while residing in the marital residence: Estimated Amount Vehicle Insurance (through Donegal) $ 350.00 Veterinary Bills for all Animals 117.00 Mortgage Payment (less principal) 1,900.00 Life Insurance (Prudential) 174.00 Children's Activities 800.00 Food 1,000.00 Taxes (Mary Murray) 96.00 Telephone (Verizon) 100.00 Garbage (Waste Management) 17.00 Electric (Met Ed) 370.00 Heat (Shipley Oil) 50.00 Cable (Comcast) 120.00 People First (Ashley's vehicle) 259.00 10. Division of Marital Property / Final Settlement The parties have agreed in this Agreement to divide their marital property in a fair and equitable manner. Wife shall owe to Husband a cash payment of Five Thousand Three Hundred 16 Thirteen Dollars and No Cents ($5,313.00) as a final payment to divide their marital property in a fair and equitable manner. Husband shall not pay to Wife the monthly agreed payment for his residence in the marital residence of Two Thousand Six Hundred Seventy-Six Dollars and No Cents ($2,676.00) for the month of March, 2003. This amount shall be deducted from the total cash payment due to Husband from the final settlement of the division of marital property. Wife shall pay to Husband the sum of Two Thousand Six Hundred Thirty-Seven Dollars and No Cents ($2,637.00) on March 1, 2003. This payment from Wife to Husband and the credit to Husband for his March, 2003 monthly payment, which together total Five Thousand Three Hundred Thirteen Dollars and No Cents ($5,313.00) shall be a final payment between Husband and Wife. When paid, all marital assets between Husband and Wife shall be deemed equally and fairly divided. 11. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including reasonable attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 12. 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 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 though he or she were unmarried. 17 13. WAIVER OF SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE, AND ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 14. CHILDREN The parties plan to reside together, as separate individuals, but still parents of their three (3) children. To enable the parties to reside in the marital residence in an amicable manner the parties have agreed upon the following guidelines: a) The parties agree to share responsibility for the children. The parties agree to share schedule information regarding the children and work together to coordinate their schedules to provide the children with transportation for their activities. b) The parties agree to share time with the children. More specifically, the parties agree to alternate weekends to be physically with the children and responsible for them at all times during the weekends, whether the children are physically with them or not. Alternating weekends shall begin following the execution of this Agreement. Mother shall have the first weekend after signing this Agreement, to alternate thereafter. The parties agree they may each have two (2) non-consecutive weeks of vacation with the children. They will provide each other with thirty (30) days notice of when they intend to use their vacation time with the children. d) The parties agree they will not bring any significant others into the marital residence when the children and/or the other party is in the marital residence without the prior knowledge and permission of the other party. 18 e) The parties agree they will have discussion and cooperate with each other in making any significant decisions concerning the children. They further agree neither party has the right or ability to make unilateral decisions concerning the children, which arise about the typical everyday decisions pertaining to the children. f) Ashley has a vehicle and a cell phone. The parties intend Ashley shall make the monthly car payments (approximately $259.00) for the loan with People's First as she is able. If Ashley is not able to make her car payment, both Wife and Husband agree to be equally responsible for her car payment. Ashley shall be responsible for her cell phone expense (approximately $58.00) through AT&T and her bill with FNANB (approximately $50.00). If Ashley is unable to make these monthly payments, the parties will jointly decide how these bills should be paid and what actions shall be taken with respect to Ashley. 15. CHILDREN'S EDUCATION The parties have agreed upon a mutual goal of assisting each of their children in reaching their optimal educational goals post high school. The parties have further agreed they will discuss and cooperate with each other and with each child to assist each child in identifying these goals. The parties have each pledged they will provide each child with the types of assistance each party deems appropriate and necessary for each child at that specific time. 16. INCOME TAX RETURNS The parties agree to file a joint income tax return for the year 2002. The parties shall share equally the costs and expenses of filing the tax return. In the tax years 2003 and beyond, when the parties are residing in the marital residence together, but divorced, the parties agree to allow the party who would benefit the most from using the children as income tax deductions. In return, the party who is able to utilize the children as income tax deductions shall provide the other party with compensation equal or nearly equal to the benefit the party would have realized from using the children as tax deductions when calculating their own individual income taxes. The parties have some losses from previous years, during their marriage, which have been carried through for their use in later tax years. The parties agree to use as much of these losses as they are able in calculating their joint 2002 income tax return. The parties further agree, should there be any of these carry through losses which cannot be used in the 2002 tax year, Husband shall be able to use these losses in the 2003 tax year, when filing his individual income taxes. Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The 19 cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 17. COUNSEL FEES AND EXPENSES The parties agree they shall share equally (50/50) the costs and expenses including counsel fees incurred in obtaining this divorce. Each of the parties has carefully read and fully considered this Agreement and all of the 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 the day and year first written above. ITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREGORY DAVID SARABOK HUSBAND SS: On th~s, the I '~ day of ~..OSlk.x. XML,.a ,2003, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersi{/-r]ed officer, personally appeared KAREN LOUISE SARABOK, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. 20 Notary Public h My Commission Expires:  Notadal Seal -~ imberly R. Hanford, Nota~j Public J IMechanicsburg Boro Cumberland County ~ My Commiss on Expires Apr. 4, 2005 I COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this the 'Ih~acK ndnasYy~vf i~a,~ig~ne ,2003, beforeme, a Notary Public for the CommOnweal of Pe an d officer, personally appeared GREGORY DAVID SARABOK known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public (~ My Commission Expires: O~v~0 tt~rg0Og- Notariai Seal Kimberly R. Hanford, Notary Public ¢lechanicsbur9 Bom, Cumberland County My Commissiof~ Expires Apr. 4, 2005 21 EXHIBIT "A" PROPERTY TO WIFE 1) Mini Bikes (2) 2) John Deere Tractor 3) Dining Room Furniture, Fixtures and Artwork 4) Living Room Furniture, Fixtures and Artwork 5) Washer / Dryer 6) Spare Room Furniture, Fixtures and Artwork 7) Spare Room TV 8) Office Furniture, Fixtures and Artwork 9) Computer 1 10) Porch Furniture 11) Bedroom Furniture, Fixtures and Artwork 12) Bedroom TV 13) Shuffle Alley 14) Pool Table 15) All Jewelry and Personal Items PROPERTY TO HUSBAND 1) Big Screen TV 2) Surround / Stereo System & Cabinet 3) Hang On 4) Tapper 5) Indiana Jones 6) Baseball 7) Centipede 8) Hockey 9) Basketball 10) Mega Touch 11) Frogger 12) Turtle Pinball 13) Tools (used for maintenance of Rental Properties) 14) Hot Tub 22 KAREN LOUISE SARABOK, PLAINTIFF VS. GREGORY DAVID SARABOK, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-307 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. Date and manner of service of Complaint: The Defendant, Gregory David Sarabok, signed the Acceptance of Service on January 24, 2003. Said Acceptance of Service was filed with the Cumberland County Prothonotary on January 29, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by: Plaintiff: April 28, 2003 Defendant: April 28, 2003 (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. o I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code, as required by Rule 1920.42(e)(1), was executed on April 28, 2003 by the Plaintiff and on April 28, 2003 by the Defendant, and that these documents are being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 are enclosed herewith. Dated: April ~, 2003 Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. !Uo~ualnysDKel. 2Yo6~, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT Of COMMON PLEAS STATE OF KAREN LOUISE SARABOK, OF CUMBERLAND COUNTY PLA~F VERSUS GREGORY DAVID SARABOK, DEFENDANT N o. 03-307 CIVIL TERM Decree iN DIVORCE AND NOW, ~, ;~ ' , 2003 , It iS ORDERED AND DECREED THAT KARS~ LOUISE SARABOK , PLAINTIFF, GREGORY DAVID SARABOK AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. The COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AT,~T': j~ j. - 1- - -- - r-