HomeMy WebLinkAbout03-0769IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH, Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO.
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. 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 relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
When the grounds 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 Court House,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY
OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH, Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO.
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
Adrienne Sabadish, being duly swom according to law, deposes and says:
1. I have been advised of thc 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 Office of thc
Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that thc court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unswom falsification to authorities.
Date:
ADRIENNE SABADISH
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa
que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o
anulamiento puede ser emitido en su contra por la Cone. Una decision puede tambien ser
emitida en su contra por cualquier otra queja o compensacion reclamados por el
demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para
usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del
matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
Court House, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI
NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA
INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefono: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH, Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO.
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 20th day of February 2003, comes the Plaintiff, Adrienne
Sabadish, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor,
Esquire, and files the following Complaint in Divorce whereof the following is a
statement:
1. The Plaintiff, Adrienne Sabadish, is an adult individual who currently resides at 5
Surrey Lane, Mechanicsburg, Cumberland County, PA 17050.
2. The Defendant, Dale E. Sabadish, is an adult individual who currently resides at at
5 Surrey Lane, Mechanicsburg, Cumberland County, PA 17050.
3. The Plaintiff and Defendant were married on or about October 2, 1982, and
separated on or about December 31, 2002.
4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six (6) months immediately previous to the filing of this Complaint.
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plalntiffhas been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. Both the Plaintiff and Defendant are sui j uris and are citizens of the United States.
8. The Plaintiff avers as the grounds upon which this action is based is that the
marriage between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff request your Honorable Court to enter a decree
divorcing the Plaintiff and Defendant absolutely.
COUNT I
CLAIM FOR EQUITABLE DISTRIBUTION UNDER
SECTION 3501 OF THE DIVORCE CODE
9. The preceding paragraphs of this Complaint are incorporated herein by reference
as though set forth in full.
10. The Plaintiff and Defendant have acquired property during their marriage, which
is subject to equitable distribution by this Court.
11. The Plaintiff and Defendant have been unable to agree as to an equitable distribution
of said property.
WHEREFORE, the Plaintiff requests this Honorable Court to divide all marital
property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of the
final divorce decree.
Respectfully submitted,
~//G. Patrick O'Connor, Esquire
Attorney for Plaintiff
3105 Old Gettysburg Road
Camp Hill, PA 17011
Phone:717-737-7760
VERIFICATION
I, ADRIENNE SABADISH, state that I am the PLAINTIFF in the above-
captioned case and that the facts set forth in the foregoing are tree and correct to the best
of my knowledge, information, and belief. I realize that false statements herein are
subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec.
4904.
Date: 2/19/03
ADRIENNE SABADISH
ADRIENNE SABADISH,
Plaintiff
Vo
DALE E. SABADISH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03.-769 CIVIL TERM
:
: CIVIL ACTION
CUSTODY STIPULATION
AND NOW, this F~-'~ day of May, 2003, it is hereby stipulated and agreed
between the parties as follows:
1. Kristen Marie Sabadish, born March 19, 1987 and Caitlin Melissa
Sabadish, born February 3, 1994 are the natural children of Adrienne Sabadish and
Dale Sabadish, the parties above.
2. Shared legal custody of the children as contemplated by the Act of
October 30, 1985, P.L. 264, 23 P.S. §5301, et seq., will be in both of the parties, as the
natural parents.
3. Primary physical custody of the chiildren shall be shared equally by the
parents at such times and in such manners as the parties may mutually agree.
4. The parties to this Agreement, being the natural parents of the children
shall be entitled to claim one child each for the purposes of Federal Income Tax
deductions until the oldest child reaches emancipation at which time the parties shall
alternate the remaining child for the purposes of Federal Income Tax deductions until
that child reaches emancipation.
5. The parties agree that this Stipulation may be entered into as a Court
Order in the Court of Common Pleas of Cumberland County, Pennsylvania which Court
shall continue to maintain jurisdiction over this matter until further Order of Court or
further agreement of the parties.
Date
Adrienne Sabidish
D~te ~ /
ADRIENNE SABADISH,
Plaintiff
DALE E. SABADISH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-769 CIVIL TERM
CIVIL ACTION
ORDER OF COURT
AND NOW, this ~_~ day of May, 2003, upon consideration of the within
Stipulation, the parties agreement is hereby made an Order of Court.
BY THE COURT,
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into this ~ day of ,
2003, by and between DALE E. SABADISH, of Mechanicsburg, Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Husband," and
ADRIENNE SABADISH, of Mechanicsburg, Cumberland County, Peunsylvania, party of
the second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on or
about October 2, 1982 and separated on or about December 31, 2002; and
WHEREAS, certain differences have arisen between lhe parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural lives; and
WHEREAS, the parties desire to confirm their separation and desire to enter into
an agreement for the f'mal settlement of their property and all~irs; and
WHEREAS, the parties intend to dissolve their marital status by means of a
divome pursuant to Section 3301 (c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the foregoing and in further
consideration of the covenants and promises hereinafter muttmlly to be kept and
performed by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
1. SEPARATION. It shall be lawful for each party ;at all times hereafter to live
separate and apart from the other party, at such place or places as he or she from
time to time may' choose or deem fit.
2. NONINTERFERENCE. Each party shall be fre~.' from interference,
authority and control, direct or indirect, by the other in all respects as fully as if he
or she were single and 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. Neither party shall molest,
harass, disturb or malign the other or the family of saicl other, nor compel or
attempt to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate
of Husband, and each of the parties hereto by these presents, for himself or
herself, his or her heirs, executors, administrators or assigns, does remise, release,
quitclaim, and forever discharge the other party heretc,, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and all claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by said party prior to and includin:g the date hereof; except
that this release shall in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
2
shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. MARITAL PROPERTY. The parties hereto actmowledge and agree that
they acquired various assets and debts during their marriage, whether the same
were held jointly or individually by the parties hereto, including but not
necessarily limited to:
(a) The marital residence located at 5 Surrey Lane, Mechanicsburg,
Pennsylvania. Said property The current xnarket value of said property
is believed to be approximately $220,000 at the time of separation and
was encumbered by a first mortgage of approximately $56,000;
(b) Wife's 1999 VW Jetta automobile, for which approximately $13,000
was paid when said vehicle was new, and which is encumbered by a
loan which will be paid off in July, 2003;
(c) Husband's 1993 Crown Victoria automobile, which is not encumbered
by any obligation or lien;
(d) Wife's checking account at Pennsylvania State Employees Credit
Union, which contained approximately $300 at the time of separation,
and wife's savings account at Pennsylvania State Employees Credit
Union, which contained approximately $120 at the time of separation;
(e) Husband's checking and savings account #2222075861 at Waypoint
Bank, which had a balance of $19,104.41 at the time of separation;
3
(f) Husband's regular share account at Susquehanna Valley Federal Credit
Union, member #8516, which contained $3,316.27 at the time of
separation;
(g) Wife's life insurance policy at Liberty Mutual Life Insurance
Company, which had a total cash value of $2,674. ! 0 and a death
benefit of $50,000.00 as of June 23, 2002;
(h) Husband's life insurance policy at Prudential Life Insurance Company,
which has an unknown value;
(i) Wife's retirement account with the Commonwealth of Pennsylvania
State Employees' Retirement System. Sa!id account contained a
balance of $33,048.01 on December 31, 2001. At normal retirement
age, as of April 19, 2016, said retirement iplan would provide an
Option 1 Present Value of $479,278.69 from which monthly benefits of
$2,472.32 would be paid;
(j) Husband's retirement plan with Silver Spring Township, which will
provide a pension at retirement amounting to approximately one-half
of Husband's average wages or salary for his last three years
employment at the township;
(k) Various savings bonds held in the names of Wife and the parties'
children for the higher education of the children;
(1) Household goods, contents, furniture and furnishings, and lawn
equipment located at the marital home at the time of separation;
4
Initialing
acknowledges
deletion and
changes;
(m) Husband's and Wife's personal effects and possessions;
(n) Marital debts incurred by Husband and Wife during the marriage prior
to separation.
DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant
and agree that the assets described in Paragraph 4, above, have been or are hereby
being divided and distributed between them as follows:
(a) Husband shall refinance the marital residence located at 5 Surrey Lane,
Mechanicsburg, Pennsylvania, and provide to Wife ~
a one-time
....................... rr .............. v-a .......... Ior me ........
lumD sum payoff of $82,500.00 ne time of refinance
....... ~-~ ....................... rr ......... rtusband shall be
responsible for all other fees and charges relating to the refinancing of
said property. At the time that the residence is refinanced and
settlement of the property is completed, Wife shall relinquish and
disclaim any and all ownership, right, title and interest in said marital
residence. In the event that Husband is unable to complete refinancing
of the residential real property within three months from the date of
execution of this Agreement, the said property shall be placed on the
market and sold at a price that is agreeable: to both parties. The net
proceeds shall be divided equally. Husband and Wife both agree that
the other party shall be and remain the sole and separate owner of the
share of proceeds that he or she receives as the result of said sale;
Initialing
acknowledges
(b) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in Wife s VW Jetta autoraoblle..In ,
· --amomob~. Husband agrees that Wife shall be and remain the sole and
separate owner of the 1999 VW Jetta. Wife shall be responsible lbr
paying all expenses related to the ownership, maintenance and upkeep
of said vehicle;
(c) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in Husband's 1993 Crown Victoria automobile, and Wife
agrees that Husband shall be and remain the sole and separate owner of
same. Husband shall be responsible for paying all expenses related to
the ownership, maintenance and upkeep of said vehicle;
(d) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in Wife's checking accormt and savings account at the
Pennsylvania State Employees Credit Union (PSECU), and Husband
agrees that Wife shall be and remain the sole and separate owner of
satrle.
6
(e) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in Husband's checking and savings account #2222075861
at Waypoint Bank, and Wife agrees that Husband shall be and remain
the sole and separate owner of same;
(f) Wife shall relinquish and disclaim any anti all ownership, right, title
· and interest in Husband's regular share account at Susquehanna Valley
Federal Credit Union, member #8516, ant[ Wife agrees that Husband
shall be and remain the sole and separate owner of same;
(g) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in Wife's life insurance policy at Liberty Mutual Life
Insurance Company, and Husband agrees 'Ihat Wife shall be and remain
the sole and selfiarate owner of same;
(h) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in Husband's life insurance policy at Prudential Life
Insurance Company, and Wife agrees that Husband shall be and remain
the sole and separate owner of same;
(i) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in Wife's retirement account with the Commonwealth
of Pennsylvania State Employees' Retirement System, and Husband
agrees that Wife shall be and remain the sole and separate owner of
same;
Initialing
acknowledges
(j) Wife shall relinquish and disclaim any anti all ownership, right, title
and interest in Husband's retirement plan with Silver Spring Township,
and Wife agrees that Husband shall be and remain the sole and
separate owner of same;
Husband
(k) W!fc shall retain custody of the savings bonds being held in the names
of Wife and parties' children;
(1) Household goods, contents, furniture and furnishings, and lawn
equipment located at the marital residence: at the time of separation
shall be divided as follows: 1) Wife shall receive the big screen TV
set, the DVD player, the dry sink, the hope chest, and the kitchen table
and chairs. 2) Husband shall receive all of the rest and remainder of
the household goods, contents, furniture and furnishings, and lawn
equipment at the marital residence, except as provided elsewhere in
this agreement.. Wife relinquishes and disclaims any and all
ownership, right, title and interest to items provided to Husband by this
paragraph, and Wife agrees that Husband shall be and remain the sole
and separate owner of same. Husband relinquishes and disclaims any
and all ownership, right, title and interest 'Io items provided to Wife by
this paragraph, and Husband agrees that Wife shall be and remain the
sole and separate owner of same.
(m) Husband relinquishes and disclaims any amd all ownership, right, title
and interest to clothing and other personal effects of Wife and agrees
that Wife shall be and remain the sole and separate owner of same.
Wife relinquishes and disclaims any and all ownership, right, title and
interest to clothing and other personal effects of Husband, and agrees
that Husband shall be and remain the sole and separate owner of same;
(n) Husband and Wife agree that Husband shall remain solely responsible
for paying all debts that he may have acquired in his name during the
marriage and which remain outstanding on the date of this agreement,
except as otherwise provided for in this agreement. Husband and Wife
agree that Wife shall remain solely responsible for paying ail debts that
she may have acquired in her name during the marriage and which
remain outstanding on the date of this agreement, except as otherwise
provided for in this agreement. Each of the parties hereto covenants
and agrees to indemnify the other party and save him or her harmless
from all liability and/or claim on account of said debts and obligations
from and after the date hereof.
EQUITABLE PROPERTY. This Agreement constJltutes an equitable division of
the parties' marital property. The parties have detenrtined that the division of this
property conforms with regard to the rights of each p~my. The division of existing
marital property is not intended by the parties to constitute in any way a sale or
exchange of assets.
INCOME TAX RETURN. In the event that any federal income tax is owed for
any years in which a joint federal income tax return was filed prior to the
9
execution of this agreement, the parties hereby agree that each shall pay fifty
percent (50%) of the amount owed. In the event that any federal income tax
refund is due for any years in which a joint federal income tax return was filed
prior to the execution of this agreement, the parties hereby agree that each shall be
entitled to an mount equal to fifty percent (50%) oflhe total refund due.
8. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in
Paragraph 5, above, each of the parties hereto covenants and agrees to assume full
responsibility for and to pay all debts and obligations of whatsoever kind or nature
incurred individually by that party pr/or to the day and date of this Agreement, and
each of the parties hereto hereby covenants and agrees to indemnify the other
party and save him or her harmless ~om ali liability or claim on account of said
debts and obligations from and after the date hereof.
FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may
hereafter own and enjoy, independently of any claims or rights of the other, all
items of personal and real property, tangible or intangible, hereafter acquired by
him or her, with full power in him or her to dispose of the same as fully and
effectively in all respects and for all purposes as though he or she were unmarried.
10. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each have certain possible fiscal rights, including but not
limited to the following: spousal support, alimony pendente lite, permanent
alimony subsequent to a divome, recovery of counsel fees, costs and expenses in
the event ora divorce, and equitable distribution ofmar/tal property. It is the
10
intention of the parties hereto that all of the foregoing rights and remedies, with
the exception of those otherwise provided in this Agreement, are hereby waived
and forever released and that this Agreement shall have the effect of a final Order
of Court relieving each party of the obligation to the other for any and all of the
foregoing possible rights and remedies. The parties have effected an equitable
distribution of their marital property and neither will seek further distribution by
any action at law or in equity.
11. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless
otherwise specifically provided heroin, this Agreement shall continue in full force
and effect after such time as a final decree in divorce may be entered with respect
to the parties. Should a decree, judgment or order of separation or divorce be
obtained by either of the parties in this or any other state, country or jurisdiction,
each of the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or fi~her modification or
revision thereof shall alter, amend or vary any term of this Agreement, whether or
not either or both of the parties shall remarry, it being understood by and between
the parties hereto that this Agreement shall be incorporated in but shall not be
merged into a decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof shall be incorporated by reference into any divorce, judgment
or decree. This incorporation, however, shall not be regarded as a merger, it being
11
the specific intent of the parties to permit this Agreement to survive any judgment
and to be forever binding and conclusive upon the parties.
12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby
covenants and agrees with the other party not to make, incur or attempt to make or
incur any debt or obligation for or on behalf of the other party hereto, or for which
the other party may be held liable, from and after the date hereof, and each of the
parties hereto hereby covenants and agrees to indemnify the other party and save
him or her harmless from all liability or claim on account of said debt or
obligations from and after the date hereof.
13. OTHER DOCUMENTS. Each of the parties hereto shall, f¥om time to time, at
the request of the other party, execute, acknowledge and deliver unto said other
party any and all further documents or instruments which may be reasonably
required to give full fome and effect to the terms and provisions of this
Agreement.
14. DIVORCE. This Agreement shall not be construed 1:o affect or bar the right of
either Husband or Wife to an absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part of the other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
12
both parties agree to execute and file the appropriate ;affidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
15. SEVERABILITY. The waiver of any term, condition, clause or provision of this
Agreement shall in no way be deemed or considered a waiver of any other term,
condition, clause or provision of this Agreement, and if any provision of this
Agreement is held to be invalid or unenforceable by ~t court of competent
jurisdiction, all other provisions shall nevertheless continue to be in full force and
effect.
16. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incun'ed to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach, the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to ihim or her.
17. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree
that they have had ample and sufficient time to carefttlly and fully review the
terms and provisions of this Agreement and to seek and obtain the advice and
counsel of an attorney with respect to the same. Wife has engaged the services of
G. Patrick O'Connor, Esquire, and Husband has had the opportunity and has been
encouraged to seek legal counsel of his own choosing. Each party has carefully
reviewed the terms and conditions of this Agreement and has had the opportunity
to do so with legal counsel of his or her choice. Both parties covenant and agree
13
that they fully understand the facts upon which this Agreement is premised and
based, that they believe this Agreement to be fair and equitable, that said
Agreement is being entered into freely and voluntarily by each of them, and that
the execution of this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or illegal agreement or
agreements.
18. INTEGRATION. This Agreement constitutes the entire understanding between
the parties and supersedes any and all prior agreements and negotiations between
them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
19. AGREEMENT BINDING UPON HEIRS. This Ai~eement shall be binding
upon the parties hereto and their respective heirs, executors, administrators and
assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESSETH:
~l~ale E S~ab/a~l/~h
Adrienne Sabadisfi
14
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
Onthis, the ~D44 dayof ~$/ ,2003, beforeme, aNotary
Public in and for the state and county afor[said, the undersigned officer, personally
appeared DALE E. SABADISH, known to me (or satisfactorily proven) to be the person
described in the foregoing instrument, and acknowledged that he executed the same for
the purposes therein contained.
1N WITNESS WHEREOF, I hereunto set my hand arid official seal.
I[ Notarial Seal
Karen M. Yohn, Notary public
Wheatfi¢ld Twp., perry County
My Commission Expires Nov. L 2004
t Member, Pennsylvania ~ssociation ot N°tari6s
(SEAL)
COMMONWEALTH OF PENNSYLVANIA)
:SS.
COUNTY OF CUMBERLAND )
appeared ADRIENNE SABADISH, known to me (or satisfactorily proven) to be the
person described in the foregoing instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my han4 and official seal.
I Notarial Seal , Jif//]
Katen M. Yohn, Notary Public ~ /~'.,~//fl~'.4 / ~'~'/.
Commission Expires Nov. 1, 2004.I Notary Public
My
Member, Pennsylvania Association of Notaries
15
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH,
Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO. 03-769 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divome Code was filed on
February 23, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divome is granted.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
ADP~ENNE gXBAt)ISH
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH,
Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO. 03-769
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 23, 2003 and service made on the Defendant on February 24, 2003.
2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C. S Section 4904
relating to unsworn falsification to authorities.
D'I~e~I~/S ab t~i she efl~n d ant
217
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH,
Plaintiff
VS.
DALE E. SABADISH,
Defendant
: NO. 03-769 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in the foregoing are tree and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
ADRIENNE SABADISH
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH,
Plaintiff
VS.
DALE E SABADISH,
Defendant
NO. 03-769
CIVIL ACTION - LAW
· 1N DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry ora final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses ifI do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in the tbregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: /,~.4/~/3
Dal~.~aba~sh, ~f-~-ndant
lN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SABADISH,
Plaintiff
VS.
DALE E SABADISH,
Defendant
NO. 03-769
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO
PA. R. CIV. P. 1920.4
G Patrick O'Connor, Esquire, being duly sworn according to law, deposes and
says that he mailed a copy of the Complaint in Divorce filed in this matter by certified
mail, return receipt requested, addressee only, to the Defendant at 5 Surrey Lane,
Mechanicsburg, Pennsylvania 19050. The return receipt signed by the Defendant is
evidence of delivery to her and is attached as Exhibit "A'.
I verify that the facts contained above are true and correct to the best of my
knowledge, information and belie£ I understand that the facts herein are verified subject
to the penalties for unsworn falsification to authorities under Crimes Code, Section 4904
(18 Pa.C.S. §4904).
I.D. No. 64720
3105 Old Gettysburg Road
Camp Hill, PA 17011
Phone 717-737-7760
Attorney for Plaintiff
~ 4 if Restricted Delivery is deeired.
· I~lnt your name and address on the mveme
~e'ti'tat we can return the ca~l to you.
I' aZt~n this card to the back of me rnaaplec~
m. on the front if space pem~ita.
1. Altic~ Addre~med to:
uale E. Sabad~sh
~echanicsburg, ~ 17050-780[
2. Attic
PS Fo~
OAge~
D. I~ ~ addmee different fn3m Item 17 DYes
ff YES, e~t~ datively add~ee~ bCow: rlNo
r'l Registered
[] Return Receipt for Merchln~le
[] C.O.D.
4. Restricted Delivery? (Ex/re Fee) r~yes
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ADRIENNE SADADISH,
Plaintiff
VS.
DALE E. SABADISH,
Defendant
NO. 03-769
CIVIL AC I~ION - LAW
1N DIVORCE
PRAECIPE TO TRANSMIT TIlE RECORD
Grounds for divorce:
ff Section 3301(c) of the Divorce Code
__ Section 3301(d) of the Divorce Code
(a) Date complaint filed: February_ 23, 2003
(b) Date of service of the complaint: February :24, 2003
(c) If service 30 days after date of filing, date complaint reinstated:
(d) Manner of service of the complaint:
,/ Certified mail, restricted delivery to and return receipt signed by defendant
__First-class mail-not returned, certified mail refused, 15 days have elapsed
__Date of mailing: Date certified mail refused:
__Personal service by Sheriffand/or Deputy Sheriff
__Personal service by competent adult other than Sheriff (Affidavit attached)
__Acceptance of service (Copy attached)
By publication pursuant to Order of Court (Copy of Order attached)
(a) Affidavit of consent required by Section 3301(c) of the Divorce Code:
Date of execution: plaintiff: July 14, 2003 defendant: July 24, 2003
Date of filing: plaintiff: contemporaneously herewith
defendant: contemporaneously herewith
(b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
Related claims pending: None. All economic claims have been settled.
(a) Date of service of the notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to tra~asmit was filed with theProthonotary:
By plaintiff: contemporaneously herewith
By defendant: contemporaneously herewith
VERIFICATION
I verify that the statements made in this praecipe 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 falsification to authorities.
,~tto~-ney for~Plai~tiff
IN THE COURT OF COMMON PLEAS
Of CUMBERLAND COUINTY
STATE OF .~~ PENNA.
~~%,·
ADRIENNE SABADISH
Plaintiff
VERSUS
DALE E. SABADISH
Defendant
N O. 03-769
civil
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
ADRIENNE SABADISH
DALE E. SABADISH
, .~,~, IT IS ORDERED AND
, PLAINTIFF,
, 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;
None. The Separation and Property Settlement AgreE.~ent entered into by the
parties on April 30, 2003, shall be incorporated but not merged into this Decree.
By THE COURT:
PROTHONOTARY