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Home My WebLink About00-05469 ~. w ~" ",.... '. '" "'''' '" "'Of. Of.'" -))I .. if _, . . . . . . "';Ii"'''' ;1;'" "'''''''''' Of. ;Ii "''''''' '" Of. Of. . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . PENNA. STATE OF . . . CARL BRONITSKY . NO. 2000 - 5469 . Plaintiff . . . . . VERSUS BARBARA G. BRONITSKY . Defendant . . DECREE IN DIVORCE . . . . . DECEMRRR Q..,b :mnn , IT IS ORDERED AND AND NOW, . DECREED THAT ('ART, HRClNT'I'!':KV , PLAINTIFF, . AND BARBARA G. BRONITSKY , 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. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated December 22, 2000, are incorporated m this Decreem DIVorce by reference as fully as It the same were set forth herem at length. Said Agreement shall not merge with but shall s thi ecr in Divorce. . . . . . . . . . . . By . ATTEST: . . . PROTHONOTARY .. "'''';Ii '" '" "'''''''''''''''':F.''' '" '" "':F. Of. "'''' :F. Of.'" '" '" Of. L"o_--.n--i:JilliiiQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . ~ I, . ,,,cC'.'" '.. . "."b... ",".C," . < ~ ""'-'" "~"",' .- '_"'~_,",~""'."~"" "",_v..,~ ~__" ,', "' ," .__,'_," '_,'-'-"''''''~7="~ "=""_,,,,~.._,,<~__,_._~' .~_, '-" .. '(0.- ~ ~' · ":';',", ~ i Id"dl,.-CJ&P U-~ ~ ii;-4-~ Ic')-dl,. -t?c 7t~ ~ ~ aif ~ . ~-~~-" '^;'~-"" _c , ~ _ , , '~_," " ~"" ",;,.,<-- "--""--'~ -''',,e-_,' , ~, _' ' __",._~i -,-.,S~-__~ -~,-.f-,"" ~ ' - <,,0" "~,"" " ''- "';C_:_, ^-_-,' ~___,;-..." ;:',-_:~cj,:",'_0,^ _ _ ___~ " PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, Made this ;( d, j, j day of D<C(f"/?1 ~ , 2000, by and between CARL BRONITSKY, hereinafter referred to as "Husband", and BARBARA G. BRONITSKY, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 19, 1976; and WHEREAS, one child was born of this marriage, namely, Jonathan, born May 11, 1984; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will provide for support, distribute their marital property, and will provide for their mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective .counsel, Husband by his attorney, John C. Howett, Jr., and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest , "" -- ,=~,=~--,- - ,- ~- -~ ',- , ~ , _ _~ " - 1 ~_ ;__ , . , .. 'Ie .'. within thirty (30) days of the signing of this Agreement and shall within ninety (90) days of the signing of this Agreement renegotiate those liabilities so as to remove the other party's name from said debts. In the event that Wife is unable to refinance so as to remove Husband from Debt A. through E. above or from the "additional debt" referenced above, the marital residence shall be sold, Debts A. through C. listed above and the "additional debt" of Wife paid in full. In the event that Wife is unable to refinance so as to remove Husband from Debt D. above, the real estate located at 8929 Charleston Park, Orlando, Florida shall be sold and Debt D. paid in full. In the event that Wife is unable to remove Husband's name from the "additional debt" referenced herein so as to eliminate Husband's liability as to those debts, Wife shall borrow against or liquidate her Quantum Imaging & Therapeutic Associates, Inc. Money Purchase Pension Plan and/or Profit Sharing & 401 (k) Plan so as to pay said "additional debts" in full. In the event that Husband is unable to refinance so as to remove Wife from Debt F. through R. or from the "additional debt" in the time frames listed above, i.e. thirty (30) days for the Commerce Bank debts and ninety (90) days for any of the other debts on which Wife has liability, he shall satisfy the debt in the following manner: (1) He shall utilize his share of the Salomon Smith Barney account addressed in Paragraph 16 herein to reduce or eliminate the Commerce' Bank debt referenced herein. Any amount remaining from his share of the Salomon Smith Barney account shall then be utilized to reduce the other debts listed as Debt F. through R. above on which Wife has liability; (2) In the event that his share of the Salomon Smith Barney account is insufficient to satisfy the Commerce Bank debt (Paragraph 5.M. above), Husband shall borrow money against or liquidate his Tucker Hargrove, Heritage Pension and Profit Sharing Plan so as to satisfy Debt M. Any amount remaining in the referenced pension and profit sharing plan shall then be utilized to reduce the other debts listed as Debt F. through R. above on which Wife has liability; (3) In the event that his pension and profit sharing plan referenced above is insufficient to satisfy the Commerce Bank debt (Paragraph 5.M. above), Husband shall allocate twenty-five (25%) of his salary on a monthly basis toward the satisfaction of the Commerce Bank debt (5.M. above) until it is satisfied and thereafter, he shall allocate twenty-five (25%) percent on a monthly basis toward - 4 - the satisfaction of any other debt listed in Debt F. through R. above on which Wife has liability. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will,at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith.. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 6. BANKRUPTCY: The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings presently pending involving either of the parties. The party's obligations to repay debts as provided for in Paragraphs 5 and 8 of this Agreement are not now, and are not intended to be debt which is affected by a - 5 - "-~-'-- --,~-A";-- - 8. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. sea., and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for both Husband and Wife, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A". Except as provided herein and on Exhibit "A", the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be - 7 - ,,-..-,- ",--'.' ~ - -,'----',-.-".."..-, ,"-- ,-"., C' -,-" '~, I. documents to Wife's counsel. As of the signing of this Agreement, Wife shall be the sole and separate owner of the Orlando property. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Orlando property shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Orlando property regardless of when the same shall have been incurred including, but not limited to, mortgage, line of credit, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. (d) Wife shall, within 180 days of the date of execution of this Agreement, take all steps necessary to apply for and to obtain a new mortgage and/or mortgages on the Orlando Property so as to have Husband completely and fully released of any and all liability he has on said mortgage. C. TAX LIABILITY: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 9. PENSION AND RETIREMENT BENEFITS: Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to, pension or profit sharing benefits, (e.g. Wife's retirement benefits through Quantum Imaging & Therapeutic Associates, - 10 - .---" -,' ", ,-'-' --;-,--.-,,-'.----,,-- -0 'C/-,,"_' '"' Inc. Money Purchase Pension Plan and Profit Sharing & 401 (k) Plan and Husband's retirement benefits through Tucker Hargrove, Heritage Pension and Profit Sharing Plan). deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts (e.g., Wife's Salomon Smith Barney, IRA Account No. 724-60247-10015) or similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this subparagraph. 10. HUSBAND'S INTEREST IN HERITAGE MEDICAL GROUP: The parties acknowledge that during the marriage, Husband acquired an ownership interest in Heritage Medical Group. Husband warrants and represents that there are no liabilities associated with his ownership interest in Heritage Medical Group for which Wife could be held liable. Husband shall keep Wife and her property, successors, assigns, heirs, executors. and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest. Based upon these warranties and representations, Wife agrees that Husband shall remain the sole and exclusive owner of the Heritage Medical Group interest free and clear of any right, title, claim and/or interest of Wife. . 11. WIFE'S INTEREST IN QUANTUM IMAGING & THERAPEUTIC ASSOCIATES, INC.: The parties acknowledge that during the marriage, Wife acquired an ownership interest in Quantum Imaging & Therapeutic Associates, Inc. Wife warrants and represents that there are no liabilities associated with her ownership interest in Quantum Imaging & Therapeutic Associates, Inc. for which Husband could be held liable. Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest. Based upon these warranties and representations, Husband agrees that Wife shall remain the sole and exclusive owner of the Quantum Imaging & Therapeutic Associates, Inc. interest free and clear of any right, title, claim and/or interest of Husband. - 11 - -, ,__"';,o.~.~"~"~'_,"_ ~'__ " _~, ---'.0 - 0 -_ _'-~;;!}~':'."'""-"':_)~'-"'_'=f_' , __-.., , '._,_ _',~_ ,". '::;'0:'\<"/'_""" - 12. WIFE'S INTEREST IN QUANTUM INVESTMENTS: The parties acknowledge that during the marriage, Wife acquired an ownership interest in Quantum Investments. Wife warrants and represents that there are no liabilities associated with her ownership interest in Quantum Investments for which Husband could be held liable. Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest. Based upon these warranties and representations, Husband agrees that Wife shall remain the sole and exclusive owner of the Quantum Investments interest free and clear of any right, title, claim and/or interest of Husband. 13. WIFE'S INTEREST IN RADIOLOGY ASSOCIATES: The parties acknowledge that during the marriage, Wife acquired an ownership interest in Radiology Associates. The parties further acknowledge that Radiology Associates owns real property. Wife warrants and represents that there are no liabilities associated with her ownership interest in Radiology Associates for which Husband could be held liable. Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney'sfees~, which. may be incurred in connection with such liabilitiesandexpenses.orresulting~Jrom Wife's ownership interest. Based upon these warranties and representations, Husband agrees that Wife shall remain the sole and exclusive owner of the Radiology Associates interest free and clear of any right, title, claim and/or interest of Husband. 14. ASSOCIATED THERMAL SERVICES. INC. AND OFFICE REAL ESTATE: The parties acknowledge that during the marriage, they acquired an interest in Wife's brother's business ventures hereinafter referred to as "Associated Thermal Services, Inc. and office real estate". The parties agree that the ownership interest in Associated Thermal Services, Inc. and office real estate shall become Wife's sole and separate property free and clear of any right, title, claim and/or interest of Husband. In the event that it is necessary, Husband shall take all steps necessary to transfer his ownership interest in said project to Wife. Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities - 12 - , ~ .. ~ d~'", '-,;",..^ "'-'~'_c'-~_' : -;' ,- -:-,- -i_ _ ,,~, ~c< , '" \ .' Husband hereby agrees to pay said obligation(s) in full and to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to hold Wife harmless from any future liability with regard thereto; and (c) the titles to the said motor vehicles shall be executed by the parties,if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 21. MISCELLANEOUS PROPERTY: As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 22. LIFE INSURANCE: Husband agrees to maintain in full force and effect a life insurance policy in the face amount of not less than $100,000. Husband's ownership of said insurance policy shall be subject to the following conditions: (a) He shall maintain the insurance in full force and effect paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value; (b) He shall immediately designate Jonathan, or a trustee on behalf of Jonathan, as irrevocable beneficiary of said insurance; (c) He shall continue to maintain this policy or a comparable policy in full force and effect until Jonathan reaches 28 years of age as set forth in paragraph 23 below; and (d) Within thirty (30) days after the execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer(s) has received notice of restrictions placed upon Husband's ownership of the insurance by the terms of this Agreement. Husband shall also request that duplicate premium statements and receipts be mailed by the insurer(s) to Wife. - 15 - ;,'-'-' ~-~, _ .0"' -- ~ -~. , ~ ~, ~ --~"' ,. " , Wife agrees to maintain in full force and effect a life insurance policy in the face amount of not less than $100,000. Wife's ownership of said insurance policy shall be subject to the following conditions: (a) She shall maintain the insurance in full force and effect, paying all premiums due thereon and shall not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value; (b) She shall immediately designate Jonathan, or a trustee on behalf of Jonathan, as irrevocable beneficiary of said insurance (c) She shall continue to maintain this policy or a comparable policy in full force and effect until Jonathan reaches 28 years of age as set forth in paragraph 23 below; and (d) Within thirty (30) days after the execution of this Agreement, Wife shall deliver to Husband or his attorney satisfactory proof that the irrevocable beneficiary designation has been properly endorsed on each insurance policy and that the insurer(s) has received notice of restrictions placed upon Wife's ownership of the insurance. by the terms of this Agreement. uWife shall also request that duplicate premium. statements and receipts be mailed by the insurer(s) to Husband. 23. CUSTODY, COUNSELING AND SUPPORT: (a) The parties agree that the custody of their minor son, Jonathan, shall remain with Wife subject to liberal visitation rights granted to Husband at times to be mutually agreed upon by the parties. (b) The parties agree that they shall participate in family counseling with Joseph E. Dreiss, PhD. The purpose of the counseling is to improve communications between the parties regarding custodial matters and to assist Jonathan in dealing his parents' separation and pending divorce and to help to address Jonathan's custodial concerns. (c) Child Support (1) Pavment - Husband agrees that he shall pay to Wife as and for child support the sum of $2,000 per month commencing January 1, 2001. Payments shall be made by Husband directly to Wife and shall be paid no later than the fifth (5th) day of each month. In the event that Husband fails to make said - 16 - '-:-:-,'<-- ,,-,-; -ei/ " . '- j- . il payments in a timely fashion, at Wife's request, a Court Order shall be entered in the above amount through the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. In addition, he shall provide Jonathan with a 2000 Lexus RX 300, pay the insurance for said vehicle and continue to make the payment for any loan with regard to said vehicle. These obligations shall continue until Jonathan turns 1 8 years of age or graduates from high school whichever shall occur later. (d). Unreimbursed Medical Expenses - Each party agrees that he or she shall reimburse the other for fifty percent (50%) of any unreimbursed medical expenses for the child, specifically including medical, dental, orthodontic and surgical expenses incurred on behalf of the child. Wife shall continue to provide medical coverage for Jonathan. 24. COLLEGE SUPPORT: If Jonathan elects to attend college, university, vocational school, or any other post-high school education and/or training, including graduate school, Le., Master's degree, doctoral degree or other post-graduate degree program, Husband and Wife shall share equally in all educational expenses related thereto. Educational expenses shall be defined as tuition, room and board, including full meal plan, fees and books. If Jonathan is living off campus with a written consent of both parents or if student _ housing is not available, then instead_of room and board, educational expenses shall include actual expenses for rents, utilities and food. The educational expenses as set forth above shall be reduced by first utilizing the Northwestern Mutual Life Insurance Policy, Policy No. VL- 12637906 created by the parties for Jonathan's education. Jonathan shall also be required to apply for scholarships and grants and the parties shall cooperate to the extent necessary in assisting him to so apply. The parents' obligations pursuant to this paragraph shall cease upon the happening of the first of the following events: (1) Jonathan's completion of his Bachelor's Degree or post-graduate school degree; or (2) Jonathan's attainment of age 28. It is understood that the parents' agreement to provide assistant with college expenses is contingent upon each being consulted with regard to the college or institution of higher education chosen by Jonathan. - 1" - ~~ .' '-'" ,~ -- -, ","- . ,","""---"- ,- --~' ^ ,,__ ,,_:-~:;~:-:~__,:",v,-\;,' ,~ " "" , " . ," I 25. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 26. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 27. 2000 FEDERAL AND STATE INCOME TAX RETURNS: The parties shall file separate Federal and State tax returns for the 2000 tax year. The parties agree thatthey shall split the interest paid on the jumbo mortgage existing on the marital residence for the year 2000. Wife shall be entitled to all interest paid on the regular mortgage and the line of credit on the marital residence and the interest paid on the mortgage on the Florida property. The parties shall instruct Jack J. Fritz, C.P.A. of Brown, Schultz, Sheridan and Fritz, to allocate the interest accordingly. 28. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Both parties agrl'le that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the - 18 - " . . .. \ cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 29. RELEASE OF CLAIMS: tal Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement-or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution of this Agreement with full power in him or her to dispose of the same fully.andeffectively for all purposes. (b) Each party hereby. absolutely and unconditionally releases and forever discharges the other and the estate of the otherfor all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente/ite,. 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, 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 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 or widower's rights, family exemption or similar allowance, or - ;J,ll - ,"--, , ~--- -;" --~-- " - '-," _0_,-' -~_' 'c.o: _,~" -,,",- - J."''';: . II j. f . " . 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. (d) 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. 30. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301 (c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents,. affidavits, or. other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301 (c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 31. EFFECT OF RECONCILIATION OR COHABITATION: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. - 20 - 'j' ~ ~_ ~, ~ "", ,_ ,__ ,.t~" -, ' ,'0 ~ ',- ~- , ~ , I r . , . 1, t 32. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 33. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor child, be third party beneficiaries of this Agreement at this time or at any time in the future. 34. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 35. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement seNe as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 36. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party - 21 - ^' -~,. ---,,~' ,- ~' " t '\ Y . , !. , acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 37. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 38. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 39. MODIFICATION AND WAIVER: A modification or waiver of any of the provIsions .of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. - 22 - -,~'. ."" , --""";~,,,--,,_.., -. . . ---,.~- -"',.'!"",',' ~.,_:,,-'1 f- ',' 1" ;'_~:',,,'--: 'I, - ~_ '0- ,,-- " .',,__;';_'1;';'-::.;,"'" ';'__'_,,', -', ",- ;-i..'<:, . 'I . . . ... .'. . 40. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 41. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 42. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 43. VOID CLAUSES: 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. 44. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. /! - ,10 (17 EAL) - 23 - ~ '~~'-- '. ~~~ - 24 - '< ':.,' ~~,"',-,--'-- ' -",.'''i,~_'C'_' ~.,' ,-..,,~.c- ,_, ,,',.__. - t"-,'.-;-"."..o.___, " ~..^ lHJI t.l/;J '-&..1JY)~ Nllf-1SEAL) Barbara G. Bronitsky w. 1Il..'~" .. . J'" ~ EXHIBIT "A" Husband shall retain the following items: 1. Husband's parents' antique china cabinet in the dining room and all china and other items contained therein 2. The Grandfather Clock in the entryway 3. A watercolor (lake scene) in the entryway 4. A Martin VonDrak watercolor in the living room (woman in forest) 5. A Hoyle painting in the living room (garden scene) 6. An ivory Chinese doctor's doll 7. A Leroy Neiman golf print 8. Husband's Gold Rolex watch The parties agree that items 1 through 5 above shall remain in the marital residence until the residence is sold or until Jonathan moves from the marital residence. The parties agree that despite the fact that items 1 through 5 shall remain in the marital residence, they become Husband's sole or separate property at the date of signing of this document. Wife shall provide Husband with a minimum notice of thirty (30) days prior to the sale of the residence to afford him sufficient time to remove his items from the residence. Except as noted above, the remaining items in the marital residence shall become Wife's sole and exclusive property. Wife's agreement to give the Hoyle painting (No. 5 above) is specifically contingent upon the painting passing to Jonathan upon Husband's death. 31828.1 ,..".. . '''~""''''1'~~'= ~ "'l"'''''lW'''" '" ~.~' - - ~~ - ......... , " . ~'~'#'i>g;>li!_~"~.~' .~,,",r,d.'",""ii~!limll;.~ Ii' I' ~, .. .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL BRONITSKY, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant CNIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 9330I(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Sandra 1. Meilton, Esquire; Acceptance of Service filed August 28, 200. 3. Date of execution of the affidavit of consent required by 9330I(c) of the Divorce Code: by plaintiff, December 22, 2000; by defendant, December 22, 2000. 4. Related claims pending: All claims resolved by Property Settlement Agreement of December 22, 2000, a copy of which is attached to the proposed Decree in Divorce. 5. Date plaintiff's Waiver of Notice in 9330I(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in 93301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: / ^ --- rJ..-fP- -6b John C owett, J ., Esqu e HOWETT, KISSINGER EY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Carl Bronitsky '-, . tr'JlWL!!llr~"fr ' ..wiimii, l#l ~ fam.1\lil1~~n' ,.. ''''-UJ~ '" '~""""'''''''''iil Ml."' .'" ,~^..~~[W' 0 "' hi: III (') C s. -('Jr..!:.' rnn'~ ~g,~ -:' L..", r::::CJ =:r;:....." z:' ~ 5~~ z: -3 -, rnj~I_1'_ -ta/jQj.i c.:J o ~ ,0 \'-0 en l,j -7'! , _,n, --.;F, -~CJ =~~; (L) ~~ :"-':-m U -I "'" ';0 =< "U 3: 1'..:> .- r:- .;:- . ~~~ ~ ....-'-~ ~ I:. r'~ ~ _. 1 ~"!!o<lii!lll!l.. ~"~. ':,. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL BRONITSKY, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- .5''II..? CIVIL TERM CIVIL ACTION - LAW IN DIVORCE BARBARA G. BRONITSKY, Defendant 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, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ~ ........" - ~" -'""~'= ' lIJ , .. , ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CARL BRONITSKY, Plaintiff v. ) ) ) ) ) ) ) NO. 2000- 5'1& 'i CNIL TERM BARBARA G. BRONITSKY, Defendant CNIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Carl Bronitsky, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Carl Bronitsky, an adult individual whose current mailing address is 423 North 21" Street, Suite 201, Camp Hill, Pennsylvania, 17011. 2. Defendant is Barbara G. Bronitsky, an adult individual who currently resides at 5 White Oak Circle, Lemoyne, Cumberland County, Pennsylvania, 17043. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on December 19, 1977 in Hershey, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. I-'~ lII!t<l ~ o..J:l~- .. ,~-"~ ~-~ ._ ~.~~""""b!h>:__j,,"" ~ j """""_~......""'-'- ";'~'...l.r'l1ii'lll~)') , 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The parties have lived separate and apart since in or about June 6, 2000. COUNT I - DIVORCE PURSUANT TO 1:i3301(c) or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to 93301 of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. Respectfully submitted, Date: ~rtr-(jD ett, Jr., Esq . HOWETT, KISSINGER & CO 130 Walnut Street P.O. Box 810 Harrisburg, P A 171 08 Telephone: (717) 234-2616 Counsel for Plaintiff Carl Bronitsky ;U'~~~ ~~ ~~ ~ S~!IIl!lil1 ..~,~'''''''''"'''''''''-"" >oJ '."ii~" ~'"""''''''~~"*,, . VERIFICATION I, Carl Bronitsky, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: August 4, 2000 CM~Y~~ i<~"."'- " . ~ .~, "' " .,_.d .~. ~~i11 liill!i5ii'-- "",1~~ lMi-'l ~ - ,'- -nlti::f')~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL BRONITSKY, Plaintiff v. ) ) ) ) ) ) ) NO. 2000-5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Sandra L. Meilton, Esquire, accept service of the Complaint in Divorce on behalf of Barbara G. Bronitsky, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: ?/ ~3J t/) I . ~~ff~ Sandra L. Meilton, quire TUCKER, ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Telephone: (717) 234-4121 Counsel for Defendant Barbara G. Bronitsky ~H~~Uh:<!:t.il0i;;'@^,~A~~1:d,;~Hf~~lIiJi~IIiM1~~'Mf~".~~~'-""" ~';=""t!W~iIi'g~)(!;,~'iii!?~~iilI~:l-u'I'lItHl'II!iL.tkl:'tLJ!iJ_ir~'~ -j, () ::::J , c: .c.::J- 1 =. ??: ;s., .- ~q~ :~S 'Z r ["-'.) if):::," OJ .. -<4,:- ~C- .j :r.....r~ ~~"~ "",'l ~'~ (-j " :z ~ -:1 ::g -< C) -, - r '",,-",- ,-,_.i~ '--~,,~:,_, <"-<"'" _~ ;~C';':':"";';';;'C"';/'_ , ,', ;..;"".~, . - CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5469 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE BARBARA G. BRONITSKY, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) ofthe Divorce Code was filed on August 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and seNice of the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 94904 relating to unsworn falsification to authorities. Date: I ~ ~ }.~-ts1) , ;;,:.'-, 'c. "'--~- , " . . c~ . , ~'" - . . . ~~~"..,','",',., , :;: " ,J, ~. r '~.:; ;; n 'i l' ? F: i-i M: ~. ,: 'I 0 0 0 I c 0 .i I s: C1 q -orx) p"1 :-~J j rllrT: ('") Z:C: N ~8Q "j 7'C i ~~;:: Oh~ .:) ,.l~ ! ~~-'- '-' r.;-C: -0 ~-- ;, I :l>C :::u: 'F~~~ J z., , ~Q f'i> I ~ 1 ,.. -I I ':7 (::- 53 :::2 j (;) -< ,"' ,~ ,-" .< 'n" ,~"'J'''' '/0',,-..,, , ~O _ _" ,~ : ,- ""< - ~'" ~ __"nO_''-:_' "~~'" , . , . ~ ,. '. CARL BRONITSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5469 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE BARBARA G. BRONITSKY, Defendant 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I J-- ~ H-lfb ~ _h" ".~ , <-.._;-~':-~~<-",> - ~"' '.~~,~ :;X""'~' ,:; '"/,,,,", ',0",".",'0i','",,/ '''''< -' ,J-,o;\~;,\, 1_..11 I ~:'l'"o;:-"'- II' n .' .... '"",--,,- i',"',.", '"'' ~ , - ,,; ~- ., , ,v.," "'"~"'""" " " , ~~, -,",~- ' ;. , (') C) 0 C 0 " s: CJ -i -0(";::; r~ :"i~~ FTlfrl " ",?"-.-,,, ~_._U 1''' ,--.,;\ Ze' ;'ic:-J ({)"'~:; 0" - ,-.... ~ -<,,", "'::;:;i r::G :2 ~~ );: ,--" 2'''' ~~ -=0 ~ )>c: ;g Z ~ ~ ~, (.;> -< " ,~ W~ ~~ ''''-'1 II I 11 'I ~ ~ ij ,I I .' '~~'. ,,' 'II .,. ., f ,~ . CARL BRONITSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. '->>'-x<">' 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 34904 relating to unsworn falsification to authorities. Date: /J.,/Ol.a/oo ~~.~ Barbara G. Bronltsky, Defenda S.S.No. J~t{-3r- if.l.(frb ,";;' ^_ ,',,'~~, o,~., ,=_~ ,,^ ~, ,""~__ ;""",, -,n'",;<_ ~,_.' .." -'~ ,,~--. <" .' 'J, '^c '''' ">>-!O'O, ,~ ',',.,,,,,,, " . ,;.:"", ",-, , ''i,.r o C ?' >- -0 v:: (!1 U,l, Z-".I :Z:C. ~~:": !;2G ~Q ~L} ;:Pc: :z: :< o o c::J d'1 'c') N cr> n v -n -0 - .,..!,'.... "'~~!y? >~j.81 I~~?l C)' ___l :;:" 'Xi -< r:? ::- c'"' ,,~ ;~'-::'-<ji~-;';";;--'::' "'0 - - ., .". ;. III, ~ '" ,. CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE BARBARA G. BRONITSKY, Defendant 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: J 011 -aaloo i..&u JA" In i1. V?:v.. ~,,', ~ ~ J Barbara G. Bronitsky, Defendant I '35'320.1 .' ,.' ,,' , ","-'" -,,~ ," ;,,",,;'"', 1,____'_-, ,,,-,,,,,<,-,,-,"-~"" """,,;, ,;,;",,'j(, ~""",'""",."''''< '" , "'M"' ',',oo,."" ;'-?',,- -,C", ... '!l "" ~ .. ... . L _ ~ , " ~ __? J ,,~ ~- - . ",-,-... ,." .~"."--- " ,. ",.,,,,,,,,,,,"" 'c;, o c ~ " -oiJ:: !l1(r:" Z=.r, -.<'l"" ,-~ ~:t: r;:c::: ),~- z.....) ---0 Pc Z =< , " , -~ " , - 'I 11 1 1 i I I , I j , , I I ,I ~ C:':l C) !~ ,:-) ;'.) G\ ~ ~.\.~ 'I -1'- ")?J ~>~8 ,~~ o-fT1 s;! ;:n -< ''1:} ~ r:- .r.:- ,~ _ ,. ,_ _, ^w- - , "~;-~- ~.."", ._'-'_~_""_~,-""""___.~__."_H~ ",-' "-t~ " ~ CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE BARBARA G. BRONITSKY, Defendant RULE AND NOW, this ~ day of ~~ , 2002, in \ consideration of the Petition For Special Relief filed by Defendant, a Rule is issued on Plaintiff to why Defendant's Petition should not be granted. RULE returnable ~ days after service on Plaintiff and/or his counsel. J. <JohJ ~OWe.B:.. J R (53' > i3a1dra. t, fYk,U:.oltsD, .~ ~I:;JL RKs / .~, ]: -- / C}j;'/:tpC;Z':(;:t 02 ""0'491" ~lt.ll.:; "'p '. 0 P~f C, . /. I, Gt,1,rJ,..,.. " / I V"'.i""fy , . Pl~~ '(.All: '/'" ~, ('iWVS~1 COUV/1' "/i!l{~ I f r " ,< ._,o,c '~.""''''7'''' "_ e."'," < -~~ .' r'" -'. ., , ,~.-',. ',' ~ ~ ~ ,'".." ~- ~~ .1 . ,~ C,-' '.'~"-,,, "'",",, '-";dCc.-i". - ,__',__,c,"'.'__ > __~ _ '.i"-;.o;'.".,;"-''''',Jil;(,&o-'.=--,-b'~-,t;,;o'-, '_' - '~ : " ; CARL BRONITSKY, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes, Defendant, Barbara G, Bronitsky, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and hereby avers the following in support of her petition: 1 . Plaintiff is Carl Bronitsky, who currently resides at 10 Crain Circle, Lemoyne, Pennsylvania 17043. 2. Defendant is Barbara G. Bronitsky who currently resides at 5 White Oak Circle Lemoyne, Pennsylvania 17043. 3. The parties were married on December 19, 1976 and subsequently divorced by decree that was entered on December 26, 2000. 4. Prior to their divorce, the parties entered into a Property Settlement Agreement on December 22, 2000 (hereinafter referred to as the "Agreement"). The Agreement was incorporated, but not merged into the Divorce Decree. 5. In paragraph 5 of the Agreement, Plaintiff agreed to assume responsibility for payment of the following debts: F. Mercedes Benz Credit Corporation loan for the Mercedes Benz S 500 G. Bankcard Services . --, ,- ,-, . -'<<'mY,"-""'" "---.\'~A""'-~""'''''-'''~'<>''';''<"",,' , -.; --',- ,,"",_J . f ,. ; H, DFS Acceptance I. MBNA America J. Mid Penn Bank K. Sun Motor Cars L. Pennsylvania State Bank M. Commerce Bank N. Neiman Marcus O. G, E. Capital Con, Cardco P. Keystone financial Bank a. first Union R. Beneficial 6. Paragraph 5 further provided that Plaintiff agreed to assume liability for Debt M., as listed above, (Commerce Bank) and within thirty (30) days of the date of signing the Agreement, was to have taken the steps necessary to refinance Debt M. to remove Defendant's obligation on said liability. 7, Effective January 22, 2001, thirty (30) days had expired since the date the parties signed the Agreement and Plaintiff has failed to take the steps necessary to refinance Debt M. 8. By letter dated November 2, 2001 (copy attached hereto and marked Exhibit "A"). Defendant was notified by Commerce Bank that the debt which Plaintiff agreed to refinance was in default. 9. Upon investigation, it was determined that the Commerce Bank debt originally in the amount of $20,000 and subsequently increased to $37,500 has not been refinanced to remove Defendant's name. 10. By letter dated November 7, 2001 (copy attached hereto and marked Exhibit "B"), Defendant's counsel advised Plaintiff's counsel of Defendant's receipt of the notification from Commerce Bank. . -~ '~- ~--~-,,',"-'-,'~ ,-'" < - ",~ -__< ,-,";,.,,,"," -,,c,,. -""""",~o.;..",,,,,, "~'''r,'' ..c.,- [_" ,,~,_-~_~ 11. To Defendant's knowledge, this debt still remains outstanding and due and payable to Commerce Bank. 12. The Agreement provides, at Paragraph 5, the following remedy in the event that Plaintiff failed to honor his fi'llancial obligations as set forth within the Agreement: In the event that Husband is unable to refinance so as to remove Wife from Debt F. through R. or from the "additional debt" in the time frames listed above, i.e. thirty (30) days for the Commerce Bank debts and ninety (90) days for any of the other debts on which Wife has liability, he shall satisfy the debt in the following manner: (1) He shall utilize his share of the Salomon Smith Barney account addressed in Paragraph 16 herein to reduce or eliminate the Commerce Bank debt referenced herein. Any amount remaining from his share of the Salomon Smith Barney account shall then be utilized to reduce the other debts listed as Debt F. through R. above on which Wife has liability; (2) In the event that his share of the Salomon Smith Barney account is insufficient to satisfy the Commerce Bank debt (Paragraph 5.M, above), Husband shall borrow money against or liquidate his Tucker Hargrove, Heritage Pension and Profit Sharing Plan so as to satisfy Debt M. Any amount remaining in the referenced pension and profit sharing plan shall then be utilized to reduce the other debts listed as Debt F. through R. above on which Wife has liability; (3) In the event that his pension and profit sharing plan referenced above is insufficient to satisfy the Commerce Bank debt (Paragraph 5.M. above), Husband shall allocate twenty-five (25%) of his salary on a monthly basis toward the satisfaction of the Commerce Bank debt (5.M. above) until it is satisfied and thereafter, he shall allocate twenty-five (25%) percent on a monthly basis toward the satisfaction of any other debt listed in Debt F, through R, above on which Wife has liability. _0___ ~ <--'''---~,""--<--,',,",,, ,~ - -. - ,,~' ,"~.I", '",~-~>"""""\-'_"~_'''''~",""c-,;'"",,~' ;-, ~~ <--'It: 13. Plaintiff has failed to refinance Debt M. and has further failed to follow the steps which are specifically provided for in the Agreement as the alternative for refinancing Debt M. and thus, has breached the Agreement. 14. Paragraph 5 further make reference to "additional debts" of the parties incurred during their marriage. Defendant recently received a credit report reflecting a Neiman Marcus account noting a current balance due of $9,999 which was 60-90 days overdue. (A copy of the notification is attached hereto and marked Exhibit "C"). The account referred to on the report was neither the parties' joint account (Account No. 1169 1627 1) nor Defendant's personal account, but noted account Number 1279041. 15. Defendant has no personal knowledge of the existence of an Account Number 1279041 with Neiman Marcus. The parties' joint Neiman Marcus account was to have been closed by Plaintiff per the terms of the Agreement. 16. By letter dated December 5, 2001, Defendant's counsel requested information regarding the Neiman Marcus account from Plaintiff's counsel and no response has been received to date to said inquiry. (copy attached hereto and marked as Exhibit "D"). 17. Plaintiff has failed to provide verification of the Neiman Marcus debt and, to Defendant's knowledge, has further failed to follow the steps which are specifically provided for in the Agreement as the alternative for refinancing such debt and thus, has breached the Agreement. 18. Per Paragraph 18 of the Agreement states as follows: _~'_H ." ~ . ~,,~'"' -",~-",-,~,' _~-" _',,-,_, ,"~--- ,,,____ '> '"'~-'-~'o',b_--"~-- _,__~, "~ -"h,"_~ ,"-"'-',,S','J;;:__: '__""" ~- ,J,' .' The parties acknowledge that during the marriage, they established a Northwestern Mutual Life Insurance Policy, Policy No. VL-12637906 for the benefit of their son, Jonathan, At the date of separation, the policy had a cash surrender value of approximately $92,000. The policy owner and payor is Husband. The parties agree that said policy shall continue to be maintained for Jonathan's benefit and shall be used for the sole purpose of payment of Jonathan's college expenses as defined in paragraph 23 below unless agreed to otherwise by the parties. In the event of Jonathan's death prior to reaching the age of 18, the account shall be divided equally between Husband and Wife. 19, It is Defendant's belief that Plaintiff has pledged the Northwestern policy noted above as collateral on a loan which he negotiated in his name alone with PNC Bank. 20. Plaintiff's actions with regard to this Northwestern policy are in violation of the terms reached by the parties in the Agreement and thus, Plaintiff has breached the Agreement. 21 , Per Paragraph 23(c)( 1) of the Agreement, Plaintiff is to pay the automobile insurance for the parties' son, Jonathan. In a recent payment of child support, Plaintiff reduced the amount of support by $54 representing Plaintiff's payment of automobile insurance. Defendant is seeking reimbursement for this $54 per this paragraph in the Agreement as Plaintiff's responsibility and agreement to pay same. (see Defendant's counsel's letter to Plaintiff's counsel dated November 7, 2001, Exhibit "B" attached hereto, where such reduction and request for reimbursement was discussed). 22. Plaintiff's actions with regard to reducing Defendant's child support are a breach of the Agreement. -- - -,- ,-~ -'",~. - -" ~-- .- , """, - , -<~ -"-~~J .. " 23. Per Paragraph 23(c)(2) of the Agreement, the parties are to share equally in unreimbursed medical expenses for their son, Jonathan. By letter dated December 5, 2001, (see Exhibit "D" attached hereto) copies of medical bills in the total amount of $573.89 expended by Defendant were forwarded to Plaintiff's counsel for reimbursement by Plaintiff of his equal 50% share of same or $286.94. To date, no reimbursement has been received by Defendant. 24. Plaintiff's actions with regard to not sharing in unreimbursed medical expenses for the parties' son is a breach of the Agreement. 25. Pursuant to Paragraph 32 of the Agreement, Defendant is entitled to seek reimbursement for her legal fees and costs incident to Plaintiffs breach of the Agreement. 26. Since the signing of the Agreement on December, 2001, Defendant has incurred in excess of $3,000 in legal fees and costs in an effort to enforce the terms of the Agreement. The fees were incurred in an effort to enforce not only the five items listed herein, but other issues addressed in the Agreement. WHEREFORE, Defendant respectfully requests that this Honorable Court order Plaintiff to: (a) Satisfy the debt with Commerce Bank and provide verification that Defendant has been removed from liability for same; (b) Provide verification that the Neiman Marcus debt has been paid in full and that Defendant is removed from any such liability for said debt; (c) Provide verification that the Northwestern Mutual Life Insurance policy for the parties' son's education is not pledged as security for any loans; - -- ,"-. , "-~~ ," ",~^-,-___-"-,,-,,..,, - ,~,'~.2-__,,_ -- "---'O"_:_""~"_"~ "'~",', ~_~'_ ~',,,,"~ ~_"''',<""",&_;;"e ,.~O!<",,~"_" "'''-''''"''''"''l (d) Reimburse Defendant $54 for an inappropriate reduction in child support for their son's car insurance; (e) Reimburse Defendant for Plaintiffs share of unreimbursed medical expenses in the amount of $286.94; (f) Pay Defendant's legal fees and costs incident to Plaintiffs breach of the Agreement and the filing and hearing on pleadings with regard thereto. Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY~ /" Sandra L. Mento I.D. 32551 36455.1 P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR DEFENDANT ,., '~-" ,-~ c ~,o,..~ __,,, 'L. 'C,^..' "~_",\';.i,,, - 0', ,,1 ---"-,~,,,-_ >'-":-,,~U" ~".:c, -j;;';" );.J'~< -';-,-'A'L";",,,i~: i;b~ ~_;;,;;'''''''_;, -, :,~-,-:c:;;,/;-;t::l VERIFICA liON I, Sandra L. Meilton, Esquire, attorney for Defendant, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. ~o?~~ ./ Sandra L. Me' ton DATE: '. " _,-I "I"i.,~' _"'"""_~,: ,r II November 02, 2001 ~- Barbara G. Bronitsky 5 White Oak Circle Lemoyne, PA 17043 fiE: Loan Account # 910003492 Dear Ms Bronitsky, This will serve as formal notification that you are in default on the above loan because the account is still due for the August 16, 2001, September 16, 2001 and October 16, 2001 payments. Commerce Bank/Harrisburg, N.A. (Commerce) is hereby demanding payment in full of the remaining loan balance no later than the close of business on November 13, 2001. No partial payments will be accepted, The amount due at this time is as follows: Principal Interest through 11/01/01 Late fees through 11/01 /01 $ 37,325.81 931.61 7.50 TOTAL $ 38,264.92 The loan continues to accrue interest at the rate of six and one half percent (6.50%) per annum; at the rate of 1 % over index. The index is the Weekly Average Yield on United States Treasury Securities Adjusted to a Constant Maturity of (5) Five Years. The current daily interest accrual is $6.65. Should the loan balance not be paid in full by the close of business on November 13, 2001 as demanded herein, be advised that the Bank will pursue all legal remedies against you as explained in your Promissory Note. If you have any questions on this matter, you may call me at (717) 972-2881. David C. Amsden Vice President /Asset Quality DCA cc: Guy Benevlmtano, Esq. cc: Carl Bronitsky Via Certified Return Receipt Requested U.S. Postal Service Mail Via Regular U.S. Postal Service Mail Commerce Bank, N.A. P.O. Bo~ 8599 100 Senate Avenue Camp Hili, Pennsylvania 17001.8599 Exhibit "A" 11/05/01 MON 11: 28 [TX/RX NO 9652] @001 --.....-.11'- ,-,~.... ~-~ ~ .~ , ~~-" ~ I j-. .... ~ TUCKER ARENSBE : & SWARTZ . .' , , ~" . '-',- '," '''. '.',' ,.' ;-;. . . ' -, , - ",~._., -'...... .\ " -;', ,'::'.",,- ,'-'.-~ CELEBRATING A CENTUR.Y OF SER.VICE November 7,2001 John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 RE: Bronitsky Dear Jack: Commerce Bank contacted Barbara Bronitsky and advised her that she is liable for a loan originally taken out by Carl. The loan was, however, apparently in joint names at the date of separation and should have been refinanced by Carl pursuant to the terms of our Agreement to remove Barbara's name. It is essential that he resolve this matter immediately by either refinancing or paying off the debt. Enclosed is a copy of the notice which Barbara received with regard to this loan. Please review this matter with Carl and contact me as soon as possible so that I can advise Barbara how to proceed. Sincerely, TUCKER ARENSBERG & SWARTZ ~~ Sandra L. Meilton SLM/smk Enclosure cc: Barbara Bronitsky, M.D. P.S. Barb is requesting that she be reimbursed for Carl's $54 reduction in her recent support check which was for insurance on Jonathan's vehicle. Paragraph 23(c)(1) of the Agreement signed by the parties states that Carl will pay same and therefore Barb is seeking reimbursement of this amount. Thank you. 44831.1 Exhibit "B" 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717-234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh . Pittsburgh Airport Area . Lewistown E-mail: lapc@tuckerlaw.com www.tuckerlaw.com ~, _M- J. ,<~ 1~2- .' , ~~~~ , , Credit Search Exclus/YeJYtO; PrlvacyGuerd Members MONTHLY NOTIFICATION November 10,2001 Membership No: 0017028745 FIRST CLASS PRESORT 1".,11,.,11'....1.,'..11,...1',.1.1.,1'.,1.1.,1.,..1.1.1,1..1 BARBARA BRONITSKY 5 WHITE OAK CIR LEMOYNE, PA 17043-1235 Dear Barbara Bronitsky What is summarized below is any recent (09/0 1 thru 10101) activity that has been reported to Trans Union Corporation. There are three kinds of information listed on thIs notification report shown below: 1) Any DEROGATORY ITEMS, usually in the form of late payments; 2) INQUIRY ITEMS associated with companies or individuals that have requested and received copies of your credit file: and 3) NEW ACCOUNT ITEMS such as new credit card accounts, installment loans or other new lines of credit IMPORTANT: In order to provide more timely notice, your credit monitoring will now be summarized on a monthly basis - starting with this month's report Should new activity be reported, you will receive a report for that month detailing the items that were noted. However, if no new activity is reported. you will receive a notification letter once every three months. If you have any questions about AOL Credit Alert call 1-888-289-6318. -------------------------------------------------- DEROGATORY ITEMS -------------------------------------------------- Current Balance $9.999 Credit Grantor NEIMAN MARCU Account Number 1279041 Date Opened 12/79 Date Reported 10/01 Code - Reason R03 - Was 60 to 89 days late or three p~nts past due --------------------------------------------------- INQUIRY ITEMS ---------------------------------------------------- InQuirinQ COlilpany Inquiry Date SEARS 09/01 ------------------------------------------------- NEW ACCOUNT ITEMS -------------------------------------------------- Current Balance Code - Reason $619 ROl - New account Credit Grantor SEARS Account Number 1150107 Date Opened 09/01 Date Reported 10/01 Exhibit "e" For Questions Concerning This Report, Call. . . The Credit Advisory Hotline: 1 (800) 511-2739 lOEiI& y_g 0700 H!.1Il. 91 ~.".~ lOl~t-" " " ~ ,. -' '" -,'" - ~~' ""-,,,,.-'..;..,- i' tmli: 1tiCKER. AR.ENSBER.G & SWARTZ _JJrk CU.ERRATINC ^ CENTJlRY or ,)ERVleE December 5, 2001 John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 RE: Bronitsky Dear Jack: Under the terms of the Bronitsky Marriage Settlement Agreement, Carl is to pay 50% of Jonathan's unreimbursed mediGal expenses. Enclosed are copies of the medical bills which need to be paid. Also, the problems created by Carl's failure to pay his credit obligations continue. Barbara has now received a credit report reflecting a Neiman Marcus account which is 60-90 days overdue. The joint Neiman Marcus account was credit card no. 1169 1627 1. The account listed on Barbara's credit report is account number 1279041. This is not Barbara's account. I can only speculate that Carl opened a new account and somehow Neiman Marcus has Barbara's name on that account. Therefore, I have written to Neiman Marcus in an effort to resolve this matter but would ask that you have Carl verify that this account number is in fact his. If not, I will have to take another approach to resolve the situation. Also, if the account is Carl's, please have him contact Neiman Marcus to remove Barbara's name from the account. I have not as yet heard from you with regard to the outstanding Commerce Bank account. Please follow up on this and let me know the status. If it is not resolved promptly, I will file a Petition for Special Relief with the Court. I look forward to hearing from you. Sincerely, TUCKER ARENS BERG & SWARTZ Sandra L. Meilton SLM/smk Enclosures cc: Barbara Bronitsky, M.D. (w/enc.) ~ 45493.1 EXHIBIT "D" 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717-234-4121 800.257.4121 FAX 717-232-6802 Pillsburgh . Pittsburgh Airport Area . Lewislown E-mail: lapc@tuckertaw.com www.tuckerlaw.com .. - ~,,-"-~~ ,,". ",' INVOICEI 057816585 03 ...... PLEASEDETACHHEREANDJot~IUHN IU~~UH"U""""r~'",.", __ N03MA9/S0BA ,t ~ 08/23/2001 JONATHAN 0113709283 03 ALUPENT INHALER 10Ce Dr. ARMSTRONG ~Al,;I!;:.L G BRONITSKY 2 25.00 /Q 4~M$t!~@~ l~lf.WWi~~,f:Ot~\~~MWjli?~WfR:t\~tMWt\!jlW~m~~~~"~~UWfi4: ~~~:: ~:.' :;' .'- T~MW~:ry*tf:~mMt:7i"Witiji~t)J.:tM\~}~lC<iii%SlNfihW{@,t~ PREVIOUS AlANCE NEW + CHARGES PAYMENTS RECEIVED NEW - BALANCE = PAYMENT DUE SEND PAYMENT TO: 25.00 25.00 0.00 50.00 MERCK.MEDCO IlX SERVICES P.O. 80X 182050 OlUM8US, OH 431\5-2050 Inv # 057816585 03 , -:.- , / ",KcMedco Rx Services w.merckmedco.com 10-22-2001 SINGULAIR TAB 00700036240001 Easyij(form In this package You pay '5iNGuiAiii 'T'AiiidOMG...'..."... ....... ..........,. .......'" ........ ... .....".....", ......, '$25"00 Quantity 90 R,# 0101915369-03 2 rellllls) remaining Prescribed for IONA1HAN BRONI15KY Order next refill.lter 12-2B-2001 by ARMSTRONG Prescription expir.s 01 .OB-2oo2 ' NDC# 0000-601 1-754 T ~t~rof'thj~.p~c'kag;;"'"'''' ...........,.. 12'5:00 Thank yau far yaur order! It's a pleasure to serve you, '.....- ~--"~ -,,", .. Plan member BARBARA:' BRONITSKY Member ID 016438448ti Group number PDl CAP0966 Invoice number 03:059193864.A y.<?~r.,.~f.~9.~.~.~..~~,~!..~~:~~:~.o.o.?......,. Balance as of 09-11.2001 $100.00 Total of this package 25.00 Total other packages 25.00 Total for your order Shipping charges . Payments Received See payment details on the back Total Due SQ,QQ ,QO 10Q,OO CR $50,00 A~9..~.~,y.9..11r,Qr.~~r..,.........."".....,... ,., Your order was processed on October 22, 2001. PLEASE NOTE: WE HAVE SPUT YOUR ORDER BETWEEN PHARMACIES FOR MORE EFFICIENT HANOUNG, YOU WILL RECEIVE SEPAM TE PACKAGES AND BILLS ALL WITHIN NORMAL DEUVERY TIME. 'HAVE YOU SEEN US ON THE INTERNET? VISIT OUR WEe SITE AT: WWW.MERCKMEOCO.COM.. Questions? If you have qu~stions about your order please call Member Services at (800) 841.3043, Important Patient Counselina Information Written information about this prescription has been provided for you. Please read this information before you take the medication. If you have questions concerning this prescription, please contact one of our registered pharmacists at: 1-800-841-3044 Monday through Friday, 8:00a,m. - Midnight (EST) and Saturday, 8:00a.m, - 6:00p,m. (EST). Under certain, limited conditions, chemical degradation of drug products is possible, If you want further information about your prescription, you may telephone the toll-free number above, Please note: for all other issues such as ordering refills, checking the status of your order"billing isst.lesandany other non-counseling questions, please dial the customer l.. seNic:e toll-free number loc~ted on your prescription bottle label. .' " Merck-Medeo Rx Services i' :'~ ,', ~;:, ;:; , ~1 ;~ ~1 Para la orientation del patiente en espana', vease el reverso. _~;A :'", " :0 j" ~ . ",~, -='''i] , , - -1 u ,Cj /.2& 11; I DIAGNOSIS IClJ.9 CODES ,I ) HypertensI.R".O, 362 II FEE DIAGNOSIS (MEDICAL) IClJ.90C::M [ J 1m;, 364.30 [ I Abnormal Pupil 379.40 () Keratitis 370.00 __., '.__ {) A\na\onCofll9a 91B.1tl I) K8i8l0CtlOUS 371.60 ( ) Amaurosis Fugax 362.3-4 I ( ) KeralQCOllivnctivili 1 ( J AnI80"",lrop;e 367,31 () Mac,Dege' SO --- (J AnI. CortlcaJCat. 366,16 (J M,cularHo. 362.64 I I Ap/lakia OD OS 379,31 (J Macular I I AS\I'Onopla 368,13 Puck."'g 362.56 -----.. () B1epharilis 373.00 () Migraine 346.9 I ) Blepharoclrao.a 374.34 (J Mu"\>hl SOIero., 340 '_ (J Blepharospasm 333.61 () Now, 3638 ( ) Blndn""lagal 369.4 ( I Nuc, Sclerosis 366.16 '-~ t) Bullous Keralopalhy 371.23 I) Nyslagmus 379,50 ( ) Capsular Membrane ( ) Ophlhalmic Migraine 346.8 ( J Celaract,ODOS 366.12 I I OpdcAlrophy mlO ( I Cataract, ( I Optic Newrtis -377.30 pseudoexfclialiOn 356.11 () Papilledema 3n.OO ( ) Chaolion m.20 I) Pllolopho~a 368,13 ( ) ColorVlsionDat 368.50 () Pholopeia 368,15 ( ) Corju""lvaI Cyst, 372,75 (I P~ac~a 312.61 ( ) Co$nctMti' 372.JO () Post Subceil< Cat 360," ( ) CO". fo""gn Ilody 930,10 (I Pos1110_ _ () Con). Hemormag& 372.72 Detachment 379.21 ( I CorwoIlJ Ex",,, 378.8' (J P'OIldopllakia V431 ( I COIWarg l,suI 37'.itl (, Pla~um 371.40 --- (I Comea Rcrmt Ema. 31t.'" () P"",. 310) DoubteSeg V2299 u____ () ComeaJArcus 371.41 I) Pup~laryAbI'lOl1Tla~ly 364.75 EdgaMelalFram~ ~\ 99 __ () CmIDlrn1y(Unspct) 371.70 I J 1'I<1Ilegen(pe'~ 36280 oC- t., 0 I ti 5:.: () ( J COrn..' Edam" ( ) ReUnal Datad1 361.911 Frama P'T135 v2/-,_IL CLRa~"d 371,24 () Re'k1a'Hemormage 36281 HIgh Cyllnde< ~ '____' n._ ( I Corneal Op>cl\y 371.00 (I RollI" Hole 36\~1 Hlghlnd" PT_'llto vmip I~P [ I COm'stRecurrenl ( ) l\eIinaIVaswlO! , .11 .J / :') ()~ ErOSion 371.42 DGcIusJon 3C2.3( HighSpher&(.N/O 57'7~~~9 ( ) Corn,alUlcar 370.00 f' TransViSloss <'<;812 ave"," V2780 __ (J o.nnatiti', alOtg~ 313.32 (J TrIct;aeis ?5 PhOlochrOlTUc V2144 __ () Oarma_e 37U4 () V~DiS\um\Un'1 A.\O ( ) D~be"', Per HIst. 25M I ) V. flald Del. 368.40 V2799 ---- [I Dleb, Ratinopathy 362,00 (I VI-' fIo~. 3192' I ) Diplopia 388,20: 1-- [ ) Drusen 377.21 () _n ( J D<y Eya Syn<lr_ 316.\5 REFRAtnvE DISORDERS I ) Eclro~on 374.10 (I Accorn Inladi~ 3'1.50 fir mo- () Epiphora 375.20 () Amblyopia 368,00 IJLlL!L (I Exoph~almos 376.3ll (I As!lgrnaUsm :167.20 ( ) EyeHd o.nnalllls 373.32 (.1 Esotropia 378.35 --..-"-- \ I FoI,GW1ngHIgh I I ExOllopia 118.15 Risk Mads V67.51 () HyperopIa 3137,00 __ (J FOI9n Ilody Cornea 930,00 " Myopia '57." [ I Glaucoma 366.90 (J Ocular MOliily ( I Glaucoma Suspect 365.00 Disorder 378.9 ( I Gl'C 3711.14 (I P"sby""" 3'Voll ( ) Headaches, Per His!. 784.00 () strabismus 318 ( ) Hordeolum 373.11 (I _'__'_"___ _ ( ) Hyperemia. ( ) ___~ _ Con,u""I" 31271 (J ____. ~- ~ , -;.; \_, 'if. ,< _. . l. ::-~_-.::- 6 iJ""-, /LL16':-ri....,;(ui'11_1S k rN~w,~ CPT FEE 1 ~qt!TAciLENS AVICES Office Visll.le\&J.J 99201 45 "',phakicGas POlTl1eable &1 W2 _ ~03 - Olt\ce\lisi\,L9v&12 ?ll4 011~~ Vlstt, la.vel3 Oltice\llsh,lellel4 ~05 _ O"ice VtsU, laver 5 002 ____ Intenned/at. E~am 620_ ExamtAel(ar.f~ 9~~'e ~!:l:lrl 104 _ Cornpt9hens1va Exam Contact lens Evaluation Corrtact lens Filting Contacl lens InstJlJction ~~~l!E!l~~n.~~!j OiIicelJlsil.l.evell m __ 212 213 ~14 ~_ '.J-., Ot!~Vi&it.L.eveI2 0IfICllVISiI.t.evaJ3 OfficeVisll,Levtl4 Contact lens Eval1l8lion ;:;~ ,~~-- CorlIaclLBrlSRlting Colllact lens Insiluctkm Contacllens Follow-Up Exam Refracllon Blue ShiQld InlMTlBdiale Exam 114 _~_ Comprehef\l;ive Exam \O!~p; PROC~OURE5 i "__,,,~~ayl,n~ f!i;,'::.c':,::c;,;'~~nl 20 ~ Epilation foroeps N,Opl1lha\moscopy GonOs<opy av."*JhIShiP!ling PunclalPlugMalerial PunctaIP~P'ocedure Refraction Sa~al Tono"",lIy ShiWongManUlinll Supp/sftlenl-Bohle Supplement - Sox SuppkeslSolulions Vlao~ fla~,. B~~ "h.1la\FleIds,Comprahensive !63~_ 61_ 115 ~_ 11 TAX 1.0. # 25-1824212 DR, STUCKEV as. PROV /I ST388725 LICENSE /I PA 4942 DR, SIEBER as. PROV # ST388725 LICENSE /I PA 7788 99202 \l92ll3 99204 99205 92002 9200' Yoo'2 92310 V0060 99211 99212 9Q213 99214 YOOB2 92310 Y0063 V0103 92<l12 92014 66984-65 67826 92226-ZP 9202<l.ZP V2799 A42S' 68761 92016 92100 V27!l\l 92'99 9249Q VOlDa 92081-ZP Il2Oa3.ZP _~46 322 61 3lJol J04 '5 2015 2030 3115 327 2060 1.0"..0 2070 ;3L 2750 2203 2026 99999 152 ApnakloSoft BIIQcatGas Pelfli6l!.ble Bllocal Soil Convenllonal Soft OW. Convenllonat Soft E,W, ConvenUonalSofllorlc Disposable OW/EWll Day OtsposableTrnled Gas Permeable Opaqueffi1led PlannedRttplacement-Sphere ~t\ned Replacement. Thll Planned Replacement p Tork: I Df'TlC~L SERVICES I Anli.Refledlve Bifocal Oetum frame Dispensing Single VIsion Sunglasses T~t Transilkms Trifocal UltraVIOlet Protection CPT V2'13.VP V2523. VP V2512 V2522 V2620 V2623 V2521 Y0061 VQ{)61 V2510 V2\23 V2523 Y2523 Y2523 V2750 V2203 V2025 112 Polaroid 355 POlycllrOOnate 2115 Prism V2715 68 Progressive V2781 j~ Rapair ~9 98155 ') Rll\'lesa pT /~..;l.O V 99 ..7 RoIVPoish Wlo /.to V27Q9 102 StreIch Protection V2760 '"",-.....;lilh""'<' .'.-'1 ~, - ~. V2103 Y0l12 V214ll V2744 V2JOl vms Dlegnoa", Services I [, 9 q ()D I OpllcalStrvlc"I =. Contact Lens Servlc's S Total ChIrps S . iO ADJUSTMENT I I 5" ~. IJ() I (717) 737-3731:l"0 ') TOTAl. PAVMENT . I ;< t.f.3. 60 FAX (711) 131.0561'" [ J r~ 7'oD INSO~ANCE BALANCE I _ f.2--I. "'- FOR CElClCNF/DIUClFnOPIFU PATIENT BALANCe I I -0- OPTOMETRY RE-EVAlUATION __ nays __ Waaks _ Mo. _ Yrs. 92 ~_n '''-'r'~ 110 ;;f--' -~i- 44444 __ 69 2103 9B77' 159 81 B5 --'0 .. BALANCE DUE IN FOU WHEN MATERIALS ARE DISPENSED Charles J. Stuckey, Jr., 0.0., M.P.A., EA.A.O. Shelby R. SiebeT, 0.0. 3623 GETTYSBURG ROAD CAMP HILL, PA 110'1 s/ =--;r'""~ .. -" IE BRONfTS"Y .~. -of PLACE OF SERVICE~ ( ::). .' PROVIDER: ,~"i;\~,r:;\:J~~ftJ" U1~;l, ,', ;fJi;i"it" ;.-,.... Pi'j.' ..:~~.:\> _:J.i1i!,'! -'. \".. . .~~:< ~~~~:~.i" ',::''<<l'-/ ( ) ( ) () ( ) ( ) ( ) N8~~~~';;"W~~ V."m ;i.~'.'~:~iM~~: (.-:;l)~~~'" ; i~:'J,::;"f'__.l:, 1 ,.....(....... MT.VesPld ,,, -:-.-;1." ':. ;. ('IW'~iHomet ( )Yell'?WJacket ) YellOw Homet i () 95004 () 95024 () 95010 j " (' :c- .-' a '. IiIiEI klTf. AID 8';tt;W " 17 MAkKETSTREET ~ LEMOYNE, PA 17013 _..'..~' ''"11""",(j,i~:O", I. ;:SD9~~" ~>~':, . " w'..' .:i , . DEA: AR9609807 DATE: 11/21/01 01074488536 DA W: 0 DAYS: 030 REFILL 4 TIMES BRONITSK 5 WHITE OAK Ok N/R: N 717-761-2569 ADV AIR 250/ NDC: 00173- DR. BRONITS l508TRtNDlERD PAID DIRECT DOSE: EACH GRP: CAP0966 " ORGEXP: 11/21/02 QTY: 60.00 RPH: BJG '.'. '..'.-.....'......'.'..."ItlJ.W...711..'....'.. ";\{,.~ PA T.lJ~",'..'8ljO ti~~~4~Nt"'.:~~,,{.. r '., Ir..."~," ", . It ,Ii 1 'I 1 , ~ .'j l i: 1" '~ ~ -, ., -'I ~ -" -- , ~ . _ '"..' " .. ~_.-'"- ,', -~'<-~''''''",,,,,-,"',-,,,. <,'~ ~" _0' (".,',' .' ',n" ." . ",,'<';'_ n-__" ",'~o;.-;",ij.'i'",:"/"~"".:;'",,:-L ,_, ,.., '-fu ~ " CERTIFICATE OF SERVICE AND NOW, this <j -fA" day Of~L(qtt7 ' 2002, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 ~ ;1;.L Gloria M. Rine '" '-.lla1i:l ~p..~--;<,~~",.: "',ic;,,c~ ,1~ll,,-UJ)""'if-'> . .~ " <~_i''-~-'''o,;f,;,,.I',, _ o''':P"'',h-,' ~,"'~, '~. "',,,%k'"'''''''''''' " ",......"""..".." f:: "T:i_Li r__I;~i ; Z-c- (r: ~,' ~;2 ......._,..) Jo-" ,. ~, ~ .. .'", ",,,. ~, "" .. ~ ~ -) ~f1 .., .~--! ~ 1 . ~::'7- () J0.~ -~..;,. ~~;::7~ _"1 J> Ii -< ();) 8:,~ " ~ ""'" '.0;- 'jj CARL BRON1TSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE BARBARA G. BRONITSKY, Defendant . DEFENDANT'S RESPONSE TO RULE TO SHOW CAUSE AND NOW, comes, Defendant, Barbara G. Bronitsky, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and hereby responds to the Rule to Show Cause entered by this Honorable Court on January 22, 2002 as follows: 1. Defendant has been advised that Plaintiff has filed for bankruptcy. 2. Defendant understands that her Petition for Special Relief filed with Cumberland County before said bankruptcy filing and any action related thereto has to be stayed. 3. Defendant will be in attendance at the first meeting of creditors for the bankruptcy action which is to be held on February 21, 2002 at 11 :00 a.m. 4. After the meeting of creditors, Defendant will determine how she wishes to proceed. " ' , Q , 5. Defendant will keep this Honorable Court advised and would ask that her Petition for Special Relief remain active so that a hearing can be held when appropriate. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: ~~~ Sandra L. Meilton . I.D.32551 47032,1 P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR DEFENDANT ~ --~ . . " CERTIFICATE OF SERVICE AND NOW, this ~ day of , 2002, I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm 0 ucker Arensberg & Swartz, hereby certify that I have this day served the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 Deborah A. Hughes, Esquire 258 North Street Harrisburg, PA 17101 .tkL , - ~-' " .' ., " -, ',-,,<'--- -"~ '-"-J' CARL BRONITSKY, PLAINTIFF V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA BARBARA G. BRONITSKY, DEFENDANT : 00-5469 CIVIL TERM ORDER OF COURT AND NOW, this Z'2- day of January, 2002, a Rule is entered against Barbara G. Bronitsky to show cause why a stay should not be entered pursuant to the filing of a voluntary Chapter 13 petition in bankruptcy by Carl Bronitsky. Rule returnable within ten (10) days of service. Any answer filed shall be forwarded by the Prothonotary to chambers. John C. Howett, Jr., Esquire For Plaintiff Deborah A. Hughes, Esquire . ~ t_2"'0.2,) ~ C).-. Sandra L. Meilton, Esquire For Defendant :saa ~\~ 1IIIl"' ~-< .-, -~,'- ,-", ..., - ~-~ " '," __ \~ v__ _ ,1__',',,' nt'"~ "."'I"C [", '1'" ,~-v' (v' ", ,,c" ,,,:.,:::::, ";"";-O"l'^~,v \..r ! -:'"'_z:_ ;--'~-~,_); I,\)' .!l 1"\1,1 02 Jf.\H 2,2 p,M \I: 39 C. 'MBi='~' ,t,'" c..'.'ilUN-rv ,U _1.LA,1V v ,I' PENNSYLVANIA '-, , .>,~- - ....... , .~'1"'....~.~ "'~"~- -~ -, ,~-,~~~", -~ , '4'":,~~,,,~~,," ,""-",:~,'"1'~"~Y -" ,~~,~ ~,~-~~ .1II!MI.flII!III,...... 'z,.., . ~ - ~- ._~~~~ ~. ~.-- , ' <" ,,'I I ,- - UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG DIVISION CARL BRONITSKY Debtor : IN BANKRUPTCY : CHAPTER 13 PROCEEDING : BK NO. 1-02-00081 CARL BRONITSKY Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-5469 CIVIL TERM v. BARBARA G. BRONITSKY Defendant SUGGESTION OF BANKRUPTCY OF CARL BRONITSKY AND NOW, comes Carl Bronitsky, DebtorlPlaintiffin the above-captioned suit, by and through his counsel, Deborah A. Hughes, Esquire, and hereby files a Suggestion of Bankruptcy suggesting to the Court that all further action upon the said suit be stayed for that: 1. On January 7, 2002, a Voluntary Chapter 13 Petition in Bankruptcy was filed in the United States Bankruptcy Court for the Middle District of Pennsylvania, said case being docketed as Case No. 1-02-00081 in the name of Carl Bronitsky. WHEREFORE, it is suggested that this Court, in accordance with the provisions of Section 362 of the Bankruptcy Code (11 U.S.C. 9362), stay all further proceedings and actions of the Plaintiff against Defendants. Respectfully submitted, Date:-M I /0~QM ,~ Deborah A. Hughes, Attorney ';j- 2080 Linglestown Road, Suite 106 Harrisburg, P A 17110 (717) 651-1772 Supreme Court J.D. #31060 - " -~ ~~.~ ~ - Jl w~'.," ~ CERTIFICATE OF SERVICE On thisU- day 0~002, I, DEBORAH A. HUGHES, ESQUIRE, do hereby certifY that I placed in th{pnited St~tes mail, first class, postage prepaid, a true and correct copy of the foregoing Suggestion of Bankruptcy of Carl Bronitsky, addressed to the following: The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Sandra 1. Meilton, Esquire Post Office Box 889 Harrisburg, P A 17108 Jack C. Howett, Jr., Esquire Howett, Kissinger & Conley, PoCo 130 Walnut Street Post Office Box 810 Harrisburg, P A 17108-0810 Deborah A. Hughes, Attorney 2080 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 651-1772 Supreme Court LD. #31060 ~~ _~O~'" lti b'!l:~~~~~"'- ".~ .. .~,- . -~ .lM~~:.li ~ (") Cl 0 c: N ,., ~ffi ,- --I :0- ~1i p'Q nlrr'j z Z:I:i ZC N "Cd,..., ~<C;. w =:~? '<o::C :,~O ",. ;,1~+f P - ZO - ~C) '--0 \D O,rn Pc Z -:.n 15 =< (" -< ~~ . "- "'_ ---,--.c.,', -~, '-~;;j;.': . CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant : CIVIL ACTION - LAW : IN DIVORCE , RULE AND NOW, this ~o day of ~ , 2001, in consideration of the Petition for Immediate Relief filed by Defendant, a Rule is issued on Plaintiff as to why Defendant's Petition should not be granted, ')- RULE returnable, days after service on Plaintiff andlor his counsel. ,q...,~ CWWJ~ 1r'le.c9- ..I.lPL,a AJ...S1. ~~Ja9- \M.t N ~tMJ~ -\v C-f),~ L~oo, ~ '......1' ,: , I il 'i ~' j H II I " ti n . ""- ,~ ,.",.,...,~ ri, :'1"" <..1 1 < ! ~ ~ >" -", 'i~ 1') ,-, ._:r '....i It); :~ 7 CUA,'~'~;";'~_j .i\iL; (FI_ LV"'1 I J.:i\fNS'l'Lv_-':~;;~~ll..-'Hi i ,'/',I'.)!".\ ,"~"~twl"-.~l'-'l!'~.~~_~~",.~,,~flmI'Jm!~,",,~ '--, ,-, '''''''~- '- '0' ~ --, - , CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM BARBARA G, BRONITSKY, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes, Defendant, Barbara G. Bronitsky, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and hereby avers the following in support of her petition: 1. Plaintiff is Carl Bronitsky, whose current mailing address is 423 North 21st Street, Suite 201, Camp Hill, Pennsylvania 17011. 2. Defendant is Barbara Bronitsky and she currently resides at 5 White Oak Circle Lemoyne, Pennsylvania 17043, 3. The parties were married on December 19, 1976 and subsequently divorced by decree that was entered on December 26, 2000. 4. Prior to the parties divorce, the parties entered into a Property Settlement Agreement on December 22, 2000, This agreement was incorporated, but not merged in the Divorce Decree. -"'=.ii' ''''-'-'~,-. '~> 5. Paragraph 18 of the Agreement, entitled "Northwestern Mutual Life Insurance Company Paid Up Life Insurance, Policy No. VL-12637906" reads, in pertinent part, as follows: The parties acknowledge that during the marriage, they established a Northwestern Mutual Life Insurance Policy, Policy No. VL-12637906 for the benefit of their son, Jonathan, At the date of separation, the policy had a cash surrender value of approximately $92,000. The policy owner and payor is Husband. The parties agree that said policy shall continue to be maintained for Jonathan's benefit and shall be used for the sole purpose of payment of Jonathan's college " expenses... , 6, Defendant's counsel has been notified, via email (copy attached), from Karen E. Ramm, Vice President, of the Harrisburg Region Office of Commerce Bank, in response to a letter written to her on May 4, 2001 (copy attached) that the above-noted insurance policy is being held as collateral on a loan in Plaintiff's name alone, 7. Such action is in violation of the parties' agreement to use the above-noted insurance policy solely for Jonathan's educational expenses. 8, In paragraph 22 of the Agreement, Plaintiff agreed to maintain in full force and effect a life insurance policy in the face amount of no less than $100,000, subject to conditions set forth therein, including the immediate designation of the parties' son, Jonathan, or a trustee on behalf of Jonathan as irrevocable beneficiary, '''~ ._-~ :''- 9. Paragraph 22(d) of the Agreement specifically provided that within thirty (30) days after the execution of the Agreement, Plaintiff would deliver to Defendant or her attorney satisfactory proof that the irrevocable beneficiary designation had been properly endorsed on the policy and that the insurer received notice of the restrictions placed upon the policy by the terms of the Agreement. Additionally, Plaintiff was to request that duplicate premium statements and receipts be mailed by the insurer to Defendant. Counsel for Defendant has requested said written verification in correspondence dated January 26, 2001, February 5, 2001 and April 10, 2001 (copies attached) and no written response has been received as of the filing of this Petition, 10, Effective January 22, 2001, thirty (30) days had expired since the date the parties signed the Agreement and Plaintiff has failed to provide satisfactory proof, either to Defendant or her attorney, that Plaintiff immediately designated Jonathan or a trustee on behalf of Jonathan as irrevocable beneficiary on the life insurance policy required by the terms of the Agreement. WHEREFORE, Defendant respectfully requests that this Honorable Court to: (a) Satisfy the loan for which the insurance policy is currently pledged as collateral; (b) Obtain a Satisfaction Piece from Commerce Bank that can be provided to Northwestern Mutual Life Insurance Company evidencing that Policy No. VL-12637906 is no longer collateralized; " -. ~ -" " ...., - -':"' (c) Ordering Plaintiff to maintain said insurance in full force and effect, paying all premiums due thereon and to not borrow against, assign, pledge, or otherwise encumber the insurance, nor surrender it to obtain its cash value, designating it to be used for the sole purpose as noted in the parties' written Agreement of payment of college expenses for the parties' son, Jonathan; (d) Order Plaintiff to provide written satisfactory proof that he has maintained in full force and effect a life insurance policy as provided for in the Property Settlement Agreement and has designated the parties' son, Jonathan or a trustee on behalf of Jonathan, as irrevocable beneficiary of said insurance. Respectfully submitted, TUCKER ARENSBERG & SWARTZ By: AMAA~~~ ,/ Sandra L. Meilt I.D. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 . ,__ - . d, , "~-'-,""'" '"",:, VERIFICATION I, Barbara G. Bronitsky, acknowledge that the facts stated in the within document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, ~k Barbara G. Bronitsky IAJ1) DATED: S"-,;{ 3- c> I ~ +- , "~ ";d.,- '/: TUCKER. ARENSBER.G & SWAR. TZ ~~ CELEBRATING A CENTUR.Y OF SER.VICE May 4, 2001 Ms. Karen Rahm Commerce Bank 100 Senate Avenue Camp Hill, PA 17011 RE: Bronitsky r.~-"" ((~) (v((-:?>>.\ jf[ j) \\\(/ ,-- . ,... I "--/ .' - I --- ) Dear Ms. Rahm: Please be advised that our office represents Barbara Bronitsky in connection with her current domestic situation. Barbara has recently learned that her ex-husband, Carl, had at one time assigned a Northwestem Mutual Life insurance policy, policy number - VL 12637906 as collateral for the following Commerce bank loan: Account Number - 100205509 As part of the overall divorce settlement, a number of the Bronitsky's loans with Commerce Bank were satisfied and I would appreciate it if you would advise me if the above referenced loan is still outstanding or whether it was, in fact, one of the loans that is now satisfied. If the loan is satisfied, could you please provide me with written verification of that fact. I will then forward the verification to the appropriate parties at Northwestem Mutual Life Insurance so that their records can be updated. If you have any questions, please contact me at the number referenced below. Thank you for your assistance. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Barbara Bronitsky, M.D. :l9458.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717-234-4121 800-257.4121 FAX 717-232-6802 Pittsburgh . Pitlsburgh Airport Area . lewislown E-mail.tarc@luckerlaw.com www.tuckerlaw.com .-. 1.li1;' Meilton, Sandra From: Sent: To: Subject: Karen E Ramm [karen.ramm@commercepc.com] Tuesday, May 15. 2001 10:08 AM SMElL TON@TUCKERLAW.COM Bronitsky Sandra: In response to your request for information dated May 4. 2001, the Northwest Mutual Life insurance policy is still being held as collateral on a loan obligation in the name of Carl Bronitsky only. The loan referenced in your correspondence (#100205509) is satisfied, however, the policy is pledged on another obligation of Dr. Carl Bronitsky's. Any additional information on that particular obligation would have to be obtained directly from him. If I may be of any additional assistance, please let me know. Sincerely, Karen Karen E. Ramm Vice President, Harrisburg Region . ,"" 'o'n' ,,_ ~ 2~"~ TUCKERARENSBEr' . & SWARTZ ~ ~...., .... " '.. '.. I ' - " , ""',>:; " CELEBRATING A CENTURY OF SERVICE Sandra L. Meilton smeilton@tuckerlaw.com January 26, 2001 John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 RE: Bronitsky Dear Jack: The Property Settlement Agreement signed by the Bronitsky's requires Carl to remove Barbara's name from the Commerce Bank loan within thirty days of the date of the signing of the Agreement. Therefore, her name should have been removed by January 23, 2001. To date, her name has not been removed and Barbara, therefore, wants the enforcement provision of the Agreement to be implemented. These provisions (appearing on page 4 of the Agreement) require Carl to utilize his share of the Salomon Smith Barney Account to reduce or eliminate the Commerce Bank debt. Steps 2 and 3 mayor may not be necessary following application of Carl's share of the Smith Bamey Account. Please contact me immediately so that we can arrange to apply the Smith Barney Account to the debt and so that we can discuss Carl's plans for implementing the remaining procedures to reduce the debt. Also, at page 10 of the Agreement, the parties are required to verify within thirty days that they have named Jonathan as the beneficiary on $100,000 of life insurance. Enclosed for Carl's review is a copy of Barbara's beneficiary designation. Please provide Carl's verification as soon as possible. I look forward to hearing from you. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk Enclosure cc: Barbara Bronitsky, J\iI:D. 36260.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717-234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh . Pittsburgh Airport Area . Lewislown E.mail: tapc@tuckerlaw.com www.tuckerlaw.com - ~, '" " ".. ,~ ,...,,: TUCKER AREN.sBER~ SWARTZ ~.., . -,'-"' , '! ,.' ,'.:" '> - ' '.1 ,-" '. . lE eop.Y CELEBMTING A CENTURY OF SERVICE Sandra l. Meilton smeilton@tuckerlaw.com February 5, 2001 John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 RE: Bronitsky Dear Jack: The Bronitsky Marital Settlement Agreement also provided that Carl was to provide verification that he had designated Jonathan as beneficiary on $100,000.00 worth of life insurance. There was a reciprocal provision for Barbara to provide coverage and we have already provided you Barbara's verification. Please have Carl provide verification of the coverage immediately so that Barbara is assured that it is in place. This issue is critical and, therefore, Barbara has asked me to file a Petition if necessary to assure that the matter is taken care of. Please let me hear from you on or before February 9, 2001 so that I can make a determination as to how we have to proceed. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Barbara Bronitsky, M.D. I ! 36495.1 111 NORTH FRONT STREET PO BOX BB9 HARRISBURG. PA 1710B-OBB9 717-234-4121 BOO-257-4121 FAX 717-232-6B02 Pittsburgh . Pittsburgh Airport Area . Lewistown E-mail: tapc@tuckerlaw.com www.tuckerlaw.com . ~ H -'-"0-:; TUCKER ARENSBERG ~, SWARTZ .~. ,pr- ~",:::",;;".,;,,,, " ",.- ..',,!, ." '-,,' I -,' ,- . CELEBRATING A CENTUR. Y OF SER. VICE t) Sandra L Meillon smeillon@tuckerlaw.Gom April 10, 2001 VIA FACSIMILE John C. Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 RE: Bronitsky Dear Jack: Enclosed please find a copy of a letter that I sent to Don Failor as part of the final details to be covered in the Bronitsky case. On March 30, 2001, I forwarded a letter to you with suggestions on how to handle the items raised by Jack Fritz regarding deductions and income for the Bronitsky 2000 taxes. Could you please advise me of Carl's position on these items so that I can let Barb know and she can move forward with filing her taxes. Also, Carl has not made his support payment that was due on April 5, 2001. Please have him make payment promptly so that Barbara does not have to file a Complaint for Support. Finally, you had indicated to me that Carl had $400,000.00 worth of insurance coverage on Jonathan and indicated that you would be providing me with written verification of same. The written verification was never received and I would appreciate it if you would forward same to me immediately. Sincerely, TUCKER ARENSBERG & SWARTZ Sandra L. Meilton SLM/smk cc: Barbara Bronitsky. M.D. 38765.1 111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717.234-4121 800-257-4121 FAX 717-232-6802 Pittsburgh . Pittsburgh Airport Area . Lewistown E-m3il: tapc@!llr:kerlawcom www.tuckerlaw.com ~ " -1 CERTIFICATE OF SERVICE ilt'J- (/ Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, ~J AND NOW, this :2 ;3 day of , 2001, I, Gloria M. Rine, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John C. Howett, Jr., Esquire (hand delivered) P.O. Box 810 Harrisburg, PA 17108 ~J, /h,L Gloria M. Rine 36492.2 "MIIIiilIIiINi\lliUliIHlIfiliiillU.@lM ~~>>il'!lW,~~I;;mJd.~jt,!;.1liIIloI&im>II'''''''''''~''''''''''''- ~, '-~~-"".... - .1 .' (") C.;: .~: ~ ;;~--~ ~.~' ~/~-- ~~ -1 -< C;) C' ~' ,:!' .. > .__,J '-,' ~-:) '..n (,-, - . -, ~. dc-- " . 'IlI;-L~;i 01/19/2002 05:47 7176511 778 DEBORAH A HUGHES PAGE 02 , . ~ DEBORAH A. HUGHES ",.c~ ..,.--4. IlANlnrllPTCY "1'EOIAI.In -"t;;:<8Q~~ I.f~"-~ ""'~ '$~o. ~ .. c.~ li' ~~""'_' ie"J ",..,~..,,\>j 2011O LlNO~OWN ROAD SUITli 106 POsT OFFICE BOX 9t\1 H<\KRISBVRO, PENNSYLV...NI^ 17108 (717) 6SI.1771 -.- FA)( (717) 651-1778 E-MAIL dhll&heo@IOb<.I.w.p,,", January 17, 2001 Cumberland County PrOthonotary Cumberland COUrlty Courthouse One Courthouse Square Carlisle, PA 17013 Re: Carl 8ronitskY/BK No.: 1-02-00081 CCc..:cp 11I0. 2000 5469 Civil Term Our File No.: 01-2078 To Whom it May Concern: EnclOsed please find the Original and three (3) copl... of Q Suggestion ur 811nkruptcy for tne allove-captioned individual. Please file the original 0" record and return the time stamped caples to this office in the enclosp.d self-addressed, pre-paid envelope. By copy of this letter, I am serving the below named Indi"'dul:l's with the Suggestion of Bankruptcy via fll'$t Class United States Mail, postage pre-paid on this date, Thank you for your aSSistance In this matter, ( 'fry truly yours, --n lU.LJ.JPcu~ M....;~"'- Legal Assistant Imbh Enclosures The Honorable Edg<lir B. Bayley Sandra L. Mmiltnn, Esquire Jack C, Howett, Jr., Esquire "' - " ~ ~ , -" ~~, :,' 01/19/2002 05:47 71 76511 778 DEBORAH A HUGHES PAGE 03 / . -. .-... - ..~--........ . _. ---.. ~ --..~".~_. F VNlTIi:D STATES DISTRICT h OR TIm MIDDLE DIS'fRlCT . ,lTRT IlAaRJSBVRG D OF"I<; NSVL" ANIA IvrSIO CARL BRONlTSKY Debtur -- CARL BRONfTSKY Plaintiff : IN RANKRuPTCY : CHAPTER 13 PROCE : BK NO. 1-02-000111 . v. ; IN THE CUURT OF C : OfCUMBERLANDC tWTY,PENNSYLVANIA : NO. 2000-5469 crvrr. IFRM BARBARA G. BRONITSKY Defendant I i , i o OF CARL BRONITSKY AND NOW. comes Carl Bronitsky, DebtorlPlaintitT in t .:above-captioned suit, by and through his counsel, Deborah A. Hughes, Esquire, and hereby fil $ a Suggestion of Bankruptcy suggesting to the Court that all further action upon the said suit 'stayed for that; 1. On Janwuy 7, 2002, a Voluntary ChApter 11 P",tit dn in Bankruptcy was filed in the United States Bankruptcy Court for the Middle District of P ylvania, said case being docketed as Case No. )-02-00081 in the; name; Ofellr! Bronitsky, : WHF.RF.FORF., it. i~ ~Ilgge~ted thAt this Cnllrt, in A"<:oroa t-'" with the provisions of Section 362 of the Bankruptcy Code (11 U.S.C, ~362), stay all rther proceedings and actions of the: Phullliff lIgaillst Defendants. Respectfully subtnitted, IJate:-M I Deborah A. Hughes, Atto ey 2080 Linglestown Road, Site 106 Harrisburi. PA 17110 (717) 651-1777. Supreme Court I.D, #3106 ~ ; "--;i 01/19/2002 05:47 71 76511 778 DEBORAH A HUGHES PAGE 04 j -~ CE~TlFICATR OF SERvin: On thisLL day of~L;1002, I, DEBORAH A. HUGHES, ESQUIRE, do hereby certify that I plao;;",u in th~nit;lStates mail, first class, postage prepaid, a true and correct copy of the foregoing Suggestion of BankruPtcy or Carl Rmnitsky, addressed to the following; The Honorable Edgar B, Bayley Cumherland County Courthouse One Courthouse Square Carlisle,PA 17013 Sandra 1. Meilton, Esquire Post Office Box 889 Harrisburg, P A 17108 Jack C. Howett. Jr.. Esquire Howett, Kissinger & Conley, P.c. 130 Walnut Street Post Oftice BOx 810 Harrisburg, P A l7J 08.0810 .. , ," ". d' ,,/, C-( ," :~U L'ieJ('/1. U"_.../. (\-) Deborah A. Hughes. Attomey , 1080 Unglestown Road, Suite 106 Harrisburg, PA 17110 (717) 651-1772 Supreme Court LD. #31060 ,--- ~ CARL BRONITSKY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000 - 5469 CIVIL TERM BARBARA G. BRONITSKY, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S RESPONSE TO RULE TO SHOW CAUSE AND NOW, comes, Defendant, Barbara G. Bronitsky, by and through her attorneys, TUCKER ARENSBERG & SWARTZ and hereby responds to the Rule to Show Cause entered by this Honorable Court on January 22, 2002 as follows: 1. Defendant has been advised that Plaintiff has filed for bankruptcy. 2. Defendant understands that her Petition for Special Relief filed with Cumberland County before said bankruptcy filing and any action related thereto has to be stayed. 3. Defendant will be in attendance at the first meeting of creditors for the bankruptcy action which is to be held on February 21, 2002 at 11 :00 a.m. 4. After the meeting of creditors, Defendant will determine how she wishes to proceed. -~-,< 'C __ ,',~. _~ ""'"' ~ 5. Defendant will keep this Honorable Court advised and would ask that her Petition for Special Relief remain active so that a hearing can be held when appropriate. 47032.1 Respectfully submitted, TUCKER ARENSBERG & SWARTZ BY:~~ Sandra L. Meilton . I.D. 32551 P.O. Box 889 Harrisburg, PA 17108 ATTORNEYS FOR DEFENDANT ~, ., '.... VERIFICATION I, Sandra L. Meilton, Esquire, attorney for Defendant, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. ~~~~ Sandra L. Meilto DATE:~lllo~ :..,.'---= - -^ -. 1"."illli"..Jk' , , ... CERTIFICATE OF SERVICE AND NOW, tho ~ day "'~' 2002, I, Glori. M, R,,,., Legal Assistant to Sandra L. Meilton, Esquire, for the firm 0 ucker Arensberg & Swartz, hereby certify that I have this day served the within document, by mailing same by first class mail, postage prepaid, addressed as follows: John Howett, Jr., Esquire P.O. Box 810 Harrisburg, PA 17108 Deborah A. Hughes, Esquire 258 North Street Harrisburg, PA 17101 .JkL ~."'i-~"-."il.""."~1i-'- ~- - ",' ,,~ .~.. ,- -..i.I.~, .'" ......""',....'"*~~~1lli'~"~'-'~.""~ - I. - ,,", "~ -~~~ 'i (') C) C'" C r.,) --' ~'rl $: -., -----\ ""'Ocr! Pl nlr~'"! co 2::1:, 25 I ,-'-, 05...> '{ -<,,(:'. -"-, '~,/ r.:; C' ""'(J - "T, 3> ~,;? T z C .,-"'" (~") 5> 0 r.a Q en C 2 N :b --j ::::J -< r-.v -< CARL BRONITSKY, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARBARA G. BRONITSKY, DEFENDANT : 00-5469 CIVIL TERM AND NOW, this ORDER OF COURT I :z +-- day of February, 2002, based upon the suggestion of bankruptcy filed by plaintiff, Carl Bronitsky, and the answer filed by defendant, Barbara Bronitsky, to the Rule entered on January 22, 2002, IT IS ORDERED that the Rule entered against plaintiff on January 8, 2002, to show cause why defendant's petition for special relief should not be granted, IS STAYED, Edgar B. Bayley, J. vd'Ohn C. Howett, Jr., Esquire For Plaintiff ~dra L. Meilton, Esquire ~ For Defendant ~orah A. Hughes, Esquire L~,jrU -I0~ 01- / :1. -0 J.. . l io/{) :saa -"'i't;::t:i:;i;:;; \k~ " " dlIl,_ .~> ,- ~ -- ~'" ,_._,~ D2 FEa 1 2 !~/i 10: b 7 ,..~! '\ '; J -- {'., _'I -. ':"\ '--\:...'1 I.' '"r" v\...JiV]CitnL,J"';"~U :....,.u'--.;\! I PENNSYL\/:'\N!,,t\ IIIIRUI I,-'~~I!II- , ,~ -U[:;ft~ u, _ ~t~ ~,OO__