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HomeMy WebLinkAbout00-06250 . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE ~ . BEEN RAISED OF RECOR!lI~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT . YET BEEN ENTERED; W~ ~ IT IS FURTHER ORDERED AND DECREED that the Marriage Settlement Agreement . executed by and between the parties, dated December 27, 2001, is incorporated . by reference into this Decree for the purposes of enforcement, but shall not be deemed to have been merged with this Decree. I" , , "-~' ~ - . , . , . . . . . ~ ~ ~ ~ ~ ~~ ~~~~ ~~~~ ... ... "',., ;!;iF. "':Ii Of. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . . . PENNA. STATE OF . . IJlIXJRA M. PASTUCKA No. 00 6250 . PI JI TNTTFF . . VERSUS MARTIN J. PASTUCKA . . . . DEFENDANT . . DECREE IN DIVORCE . . .-- ~ , IT IS ORDERED AND tl ~, , AND NOW, DECREED THAT LAOORA M. PASTlilCKA , PLAINTIFF, . MARTIN J. PASTUCKA , DEFENDANT. AND . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . AmC!~ PROTHONOTARY . . . . . "n" "'Of. "';to ,In!:",:+::f. '" '" :f. .. =~" . ~",.;;.t@. ;ti"'if.;F.ff.~1.f. . . . . . . . . . . . . . . . . . . . . . . , , , , . . . , , , . . , . . . . . , , . , . . , , , . . . J. , , , , , . . , Of.:f. "';+; ~ =~ -~ -~--"< ill "_". A">> -."~-~.,. "'i.p,, , . ,,' ~-,_, ''.- -.V' );l :31-01 kJ :3/-0/ ~ .. ~'..." ......"d""l'.%C'~ '..", ,. .".,.~.. I!lfr~1Il1TITT1! i" " '~,"'~ ~-4 . - ~ M~~.M~.~ 4~ lj(~ ~ -?4"~ , ~~ _ r I'lt I!__ , <,,,"",,cI'l!8 _ ,~ " '!""'_ - ~,~ _" ";_~, C,'__ " JI" :2[,f.Li '~wii%'~" .. , , MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ;[7 dayof t>eceM bel , 20QL, by and between Ladora M. Pastucka ("Wife") - AND - Martin J. Pastucka, D.D.S. ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on March 28, 1980, at York, Pennsylvania. WHEREAS, two (2) children were born ofthis marriage; said children being: Erin Michelle Pastucka and Brandon Lloyd Pastucka. Both children are over the age of eighteen. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: .-, .. ,. ',-c. ",' ",1,,,,-.,, .,(. <. .1-, ,"e';. . ,-- ~'-"-->-. . .: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. A. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 00-6250. B. The parties agree that they will execute and file Affidavits of Consent and Waivers of Notice oflntention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: (1.) The property and lot situate at 5261 Strathmore Drive, Mechanicsburg, P A, subject to all existing liens and obligations. Wife shall execute a Deed transferring her interest in this property to Husband simultaneously with the signing of this agreement. Husband shall remove 2 '1-. " . .)~'J1lJ~griilii:,~~ ,. . obligations. (5.) Individual retirement account # 65966857, held by Baird, a Northwestern Mutual Company. This account had a balance of$67,419.12 as of September 30, 2001. (6.) Individual retirement account #65966726, held by Baird, a Northwestern Mutual Company. This account had a balance of $292,290.64 as of September 30, 2001. (7.) Annuity 15-144-758, held by Baird, a Northwestern Mutual Company. This account had a balance of$123,639.26 as of September 30, 2001. (8.) The 1994 Chevy Conversion Van. (9.) The 1986 Mastercraft Boat. (10.) Roney Plaza Associates, LTD. (II.) 25,000 shares of Biotech stock. (12.) All personalty, household goods, checking and savings accounts currently in Husband's possession. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: (1.) Individual retirement account #65966507, held by Baird, a Northwestern Mutual Company. This account had a balance of $24,462.93 as of September 30, 2001. (2.) Husband shall transfer a total of $225,000 from his retirement and/or annuity account to Wife's IRA # 65966507, held by Baird, a Northwestern Mutual Company. If necessary, counsel for Husband shall prepare a QDRO to effect the transfer from Husband's retirement 4 ~ - ~ ~,-~-'.,~ ~'j';' , , accounts. Wife shall approve the transfer of funds comprising the $225,000.00. (3.) The 2000 Subaru Impreza. Husband shall cooperate in signing the necessary documents to transfer title of this vehicle to wife. This vehicle shall be transferred to Wife free of any debt. Husband has satisfied the debt associated with this vehicle. Wife shall receive the refund from the cancellation of the car insurance policy on this vehicle. (4.) All personalty, household goods, checking and savings accounts in Wife's possession, including but not limited to furs, jewelry, china, crystal and silver. (5.) Husband shall make a cash payment to Wife in the amount of $50,000. Husband shall make this payment by giving wife $25,000 upon the signing of this agreement. The balance of $25,000 will be due within 30 days of the date this agreement is signed. This payment is made to Wife as part of equitable distribution. 3. ~. Husband shall pay all taxes, penalties and interest associated with the filing of the 1997,1998 and 1999 joint tax returns. Husband shall provide Wife with documentary evidence of payments made in the form of cancelled checks and payment invoices from the IRS. Husband agrees to indemnify Wife and to hold her hannless from any further assessments, penalties and interest asserted with respect to the tax returns filed previously by the parties. Should there be additional tax assessments, penalties, interest or additional payments of any kind to be made on account of any such returns filed by the parties, Husband agrees to pay and discharge the same. To the extent that Wife had items of income, gain, deduction, loss or credit which Wife failed to disclose or improperly disclosed to Husband with respect to any taxable year, Wife shall pay any additional tax, interest or costs of audit associated with this amount. 5 " . lir-~"''"~',~j , 4. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnifY and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encwnbrance. 6. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encwnbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 8. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or 6 "" .'-1- o - "' '~~~k hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim orright of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 11. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, 7 '~< '!liI~jjj~IIlIi~~il\OII@/~:- legal costs, and counsel fees unless provided to the contrary herein. 12. Counsel Fees. Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Waiver. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. Wife shall withdraw the pending support action docketed at NO. 00-6250 in Cumberland County. 14. College Education Expense. The parties acknowledge and agree that Husband shall pay the undergraduate college expenses which include room, board, tuition, books, fees and related educational expenses incurred by their children that exceed funds received from grants, scholarships, children's earnings, and funds available from Uniform Gift to Minors Accounts in obtaining an undergraduate degree. This obligation shall only continue until each child reaches the age of twenty-three (23), or graduates, whichever occurs first. Husband's obligation shall cease prior to each child graduating or reaching age twenty-three (23) if either child fails to maintain a minimum overall grade point average of2.0. In the event Husband becomes disabled 8 ,,'..:. .:.J., _....oi'~ ~~;<iic- and can no longer maintain gainful employment, Husband's obligations under this paragraph shall be modified. In such event, Husband shall be required to make a good faith effort to continue to pay for the children's college related expenses per this paragraph. 15. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant ofthe wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 16. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate ofthe other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities ofthe other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 17. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the 9 - ~ . ,_oj ~~-':' other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in perfonnance by Husband or Wife of any of the obligations to be perfonned by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this Agreement. 18. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 19. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully infonned as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10 ."" .1 ill. -"J1*;~_'i! "~ 20. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 21. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 22. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 23. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 24. Applicable Law. This Agreement shall be construed under the laws of the Co=onwealth of Pennsylvania. 25. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 11 . _L ~J, 'ii!li'l!li:J!f;f,,- .' # IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness: ~I .. "- ' j/ Jkd~ hL ~ Ladora M. Pastucka Ck ~.-,.-'Ll!5 ~n 1. Pastucka, D.D.S, 12 - ,. .~ -.:l ~- ~t.c_ .... COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPIDN Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Ladora M. Pastucka, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this c11.+J, day of {;IJLtJ.ViUJ.O.J ~ dt/O!. ~u.~ No Public My Commission Expires: NOTARIAL SEAL Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPIDN Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Martin 1. Pastucka, D.D.S., who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this Zr'v-, day of ~J.JJI.^- ,2000.' My Commission Expires: 13 Notarial Seal P bliC Vicky L. FIlZ. ~ry ~nty Harril\bu~9, Dex8U(res" DeC. 5. 2002 My CommISSIon P . Association of Notaries ember, Pennsylvania .,-~"~, Co ,~~ ~ .. ""~~ - , . .J:Dll!ili!l~:~-thi"'- ".~ -....;",.'iWa..\!!i.\\~mt~K~lWll'W<:;. j".. .~......... ~ I ..,_. .~~ .r-, . -,? cE,_~ '", ,.. _ , ~ ^ ~ M, 1 ~ r I .... f ~ 0 C) 0 c: -0"1 s: Cl -..} ""Oc-,.:; ,.,1 j ;1~ Ii1P--;, C) Z:J) 1'~ 70~) zr.;~ -..l c.n,^. 2('1 -0 _"_ ~i'~ - :::0:: ;2-(") :zO .b W t-:;f'n )>c:: ~ ~ );7 ::0 <.T' -< " -"-~.' ~ ~ . ;, .~, , ,'. ~",}M#,": / A VUcjw/lPraecipe to Transmit the RecordDecember 27, 2001 11 :35 AM < . LADORA M. PASTUCKA, PLAINTIFF IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 00 - 6250 MARTIN J. PASTUCKA, DEFENDANT CIVIL ACTION - 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: The Complaint was served via certified mail on the Defendant on September 18, 2000. (See Affidavit of Service filed by Plaintiff on September 22, 2000.) 3. (a). Affidavits of consent required by 93301(c) ofthe Divorce Code for both Plaintiff and Defendant, are being filed simultaneously with this Praecipe. (b)(l). Date of execution of the affidavit required by 93301(d) of the Divorce Code: N/ A; (b )(2). Date of filing and service of the Plaintiff's affidavit upon the respondent: N/A. 4. Related claims pending: None. 11 "rrT '-' ,., ~" ~ iIDl_:~~\_JlliI . " ,-",~,'.,c',-, __ ,_ ~ - = ~. 'R ~ 'iiI.Il. '-"- ~ ~ '"'liil.l1.liiIiLj~_';d'~ 1iIIi~~~' g 0 0 -n s:: '=' ---1 ""Om rYI d1i1J mrTi (J Z:r.:1 N ,~at~J Zc' (1),.2" _J ()6 ,L ~C! " :::j." --,L-ii ~o :E: ~?D )>~ ~? ':=:"Jii LJ ,..., ~ :55 c:> -< "" '., -~-,-", """"''"'''''''''''~, 5815-J.4 . . 5. (a). Date and manner of service of the notice of intention to file praecipe to transmit record, a copy ofwrnch is attached: N/A. (b). Date Plaintiffs Waiver of Notice in !l330l(c) Divorce was filed with the Prothonotary: December 27, 2001. (c). Date Defendant's Waiver of Notice in !l3301(c) Divorce was filed with the Prothonotary: December 27,2001. SMIGEL, ANDERSON & SACKS, LLP Date: ( .2. - "27- 0/ , By: ,LUL) LeRoy Smigel, Esquire J.D. # 06917 Ann V. Levin, Esquire J.D. #70259 2917 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Plaintiff ~m<"~ 5815-14 . . LADORA M. PASTUCKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00 - 6250 MARTIN J. PASTUCKA, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certifY that I served a true and correct copy ofthe Praecipe to Transmit the Record was served on counsel for Plaintiff by depositing same in the U.S. Mail, fIrst class, postage prepaid, on the 27th day of December, 2001, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Smigel, Anderson & Sacks, LLlP By: Lu~ teRoy Smigel, Esquire I.D. # 06917 Ann V. Levin, Esquire I.D.#70259 2917 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorneys for Defendant "".s' ~1~:!;1i'~~~~~~~~- ~:OO~i'JlliiIltidtr ~'[-m~Lr'- " . ~ ~--- .-, "." >C, ~_ ,,' --1l!If!I1 -". IflililUJ ," ;,~,._-.,~ l!,l I -~ , il !I :1 i, :-j iJ :1 i; " 11 :1 :1 ,I I I ! ., J j ~ , , , " , 0 0 0 C 'T\ s.: c:l -. ;:HW r"T1 f{1~J ("') z:o N -,-[Tl ZC "i'}d 0)";:'" --.l '~?~J ,,<2: '20 -0 {~~~ )>or 3 2: " ::;;.~ '-:? {srn '-' ~ >' :0 CD -< . ", ~ >>,,",' "-~ ,_" e- 'p _.~ _, '0_" . ~ . "^,_ -- . ~,' ' .' ,,,,--~.-, ~.--\".' ." .~ ~','--.-; ., ""'_"~"'_r. ;'-'" ' - iII.',,- LADORAM. PASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 00- l...lS"'O G'u:C '-r'iA..J.r., MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cwnberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. 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 TillS 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. Cwnberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249- 6 - '- ~ . 'i ,-""'--<'.-" ',".,,;;,-, . ,,,'c ~ . < . - -..., h - . , ,_''_ - , LADORA M. PASTUCKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA v. . . .-.- : NO. tiC.. &,.lSIJ &;.J I ~ MARTIN 1. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. lbis notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary - . - J .'i ,- 1-. ~ -' "~ -,l"_.~ - _ ;_,t~>" '--. -- ""1I;:1I'.,t- LADORA M. PASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. (.r()- t..2S0 ~ 'f.u--- MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Ladora M. Pastucka, who currently resides at 6810 Clubhouse Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 2. Defendant is Martin J. Pastucka, who currently resides at 5261 Strathmore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 28, 1980, in York, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. ,'L, .'<.-~"".. '. .,'n__ 'C;" ;." =',' ,~' ';",';;;.;.'1 ' _~." .,' ,","", " ,," , " ~ , <. The parties to this action have been separated since June 8, 2000. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subj ect to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff is unable to support herself through appropriate employment. 13. Plaintiff lacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. ~'~,,-, ".~"'-,~- ,-;,-~ .~-- - - -. - '-'''--'" :i": WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiffs counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date q - -5 -{)O .'. ~. -~-=-,'-- "--,...;;.'"- . ;""; 'j, .",,,, - - j.-",' '-', ~ ,-' ~ ,~,;,;" '.j., . ,~ -m~J; VERIFICATION I verify that the statements made in this Pleading 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: Cj- 5-()() ~Fh>ii3?~ LaClora M. Pastucka, Plaintiff "0 ..0 ','-, '- . -, ---'. -~ -1IIi1Ji c'_~' _ _ "~,__ , " 1. Co< ;. ~~;.;. .r ,;l ,- d. -~-, ~ 'r,"n~. ,~ ~. . CJ r:",) C c.-:. (:) <- (/') p ~ :J"" t7"l ~ ....... ~~ .'-J ~ ?t~ h .0 < ~ ~ cr.-,_ (,,~') , .~ S::-(.J ....... ~ 8 ~ 0 6 ~~E~ (;\ D ...... <> , I L Cl -' :.) (} itJ .....< (:J Ov . r- ~ J- ~ i r" 5f ,- . ~ "-~" ~ .~ , - ,~ < ~, ~;,~ _.; - r _ ~ \''::'.0 , -; ~.--.:) ~ ,-- -, f~~ ~" =< j'"-" , . - --"- - ~-'- -'" - .. '-'N " LADORA M. PASTUCKA, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 2000-6250 MARTIN 1. PASTUCKA, DEFENDANT : CIVIL ACTION - LAW : IN DIVORCE AFFIDAYIT OF SERVICE , I COMMONWEALTH OF PENNSYL V ~ : ss. COUNTY OF DAUPlllN AND NOW, this did daYOf,~ ,2000, personally appeared before me, a Notary Public in and for the State and (:;ounty aforementioned, John 1. Connelly, Jr., Esquire, who, being duly sworn according to law, deI10ses and says that a copy of the Complaint in Divorce I was served on the Defendant, Martin J. Pastticka, on September 18, 2000 by certified mail number 70993400000929160946, addressee only, teturn receipt requested, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before ill! thisrJJM- day of ~ f1b .JYKJxll.,,2000. ~~~~,!U NOTARIAl.. SEAl.. Jean L. Kosier, Notary Public . City of Hummelstown,County of Dauphin My Commission Expires Feb. 9, 2004 ~ . "~. ".. " ,',',;w,,;. " ".C- '-~--' -;, ~'~- . I ,-I _~__ _:. - u,., .... ~'""~' '" .'" h." "_,,, ., ,,>:l'~,_ " r~ _, , ,V,_~ "f""",~_ '_~_"'_' ,,,,,,.,.. '"-' ,~ - ,"' . -.-,,..-~..,. .' L "= -~ ,', -""-' ;,_,_., ''-" .,'_'_ " -.H'~ o c: :s: -00] rotTl Z:D :ZC. U)~ 20 '< 2;;0 ~~ -< . . , I .,} ~-...:J :/~~A i.:.::i -;,> ?i!. to ~ ^~- ,< 'w'"""-F.'-'''d'_ ,. , '"'~" -"'~'---. -- '- '-',' ~ ' ,>;"',,,,"0;",, 'o~~'l!:!~ LADORA M. PASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00 - 6250 CIVIL TERM MARTIN 1. PASTUCKA, Defendant : CML ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13, 2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a fmal decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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.A. Section 4904, relating to unsworn falsification to authorities. Date: 1~/.;J-.7/t)1 y;Z/ \. . . / tl ~ilfI-:JA..- astu-~~ Ladora M. Pastucka, Plaintiff "-,'", ,,'.. ,,' ". ~ 'N,' '" " '.". , .,~~'."'-" ";i-'c,J:.i.o '_<,. ,., '", _~ '~^'r' ,.~- ,- '0" ''',.-.;;--<,:''-ill.,;''.,;;.:..;',;<'';'' .", .. ,~- """,-' ,".. , (") 0 0 C ,,- -"n s: Cl ;:gm rT1 "Tl t:p M z_.., N '?,\-::; 7C" ~~~ - ~:~~;C; ~C; --0 'T -oi i> ~""'"" ~~ (':J :z0 ~. =0 '''-:? :-")jT; >c ~ Z ",~ ::0 ~ (T\ -< ^ "";".-" 'c;-' . ....". ~" .,-', "'---,--',-- . LADORA M. PASTUCKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00 - 6250 CML TERM MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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.SA Section 4904, relating to unsworn falsification to authorities. Date: I~/c;iol ~ .......) ~~O<o-- 7v~d~eh- Ladora M. Pastucka, Plaintiff ~ -'->~ """:",_i '. .\".' . ~ ,-.., .'~ - ,. '-', ~''"''''''--''''''-^ -~._~- ,~ 0 c~ ,~ '_,w_" C 'T~ 7' ;::::J ~~~^ """OlJJ ~- i-j f1lrl'i ('"") 2:1.-' 1''':> ZC~ ~:(::', --j r2C) ~.'O ~Q ::1: --= c~ ~? >c :z; =< (T> ,.~,~' , ~ , ~'- - .,- '''~"' '-', -~ .,-,',- ",,,~' 'C ;.",co \- . '~--- - .;e,i , ' ;I ,~ LADORA M. PASTUCKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00 - 6250 CIVIL TERM MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 13,2000. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I 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.A. Section 4904, relating to unsworn falsification to authorities. Date: w ff?~ Martin 1. PastuAa, Defendant ,,,,,.;;,~c "~c. ,." ..,' -,.,<,., .~ "";;"'''-,. .' ,J .. ,n ,'W.'..,~'P'<,.. ~ ~:',-,~' , .,.4'''''' " M ,. , , " , , ~. . '"~~- . ... ("), CO 0 c:: ~n s:: CJ -~, ""Om ('1 "'0 rnrn C"? ;::T1:~~ Z::C , Z;:-- N ~,;,!E\ mE:: -.J ~.,--- ;ki ;2C; -c -.L-:-~ ~o ~ " . C) -'";.. :>9 w ;':;'=;~ fn ,~ ~ ~ ~ ....! --< ",0 ., .~__._' ~, _ ~"~ ~, __~W _,. _ ~.. .^-, , ~o w j\'_"">;,k_,"'_ , c"; ,~, ~-,- 1",,'-- ,'_"', :.-' ,,;~ ." ',. Ioii ~- > ..-c' ,-, ~ ""-~. ',. ,. . ,"- ~ ~ LADORA M. PASlUCKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 00 - 6250 CIVIL TERM MARTIN J. PASlUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~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! 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.A. Section 4904, relating to unsworn falsification to authorities. Date: 9ah0~ Martin 1. Papellcka, Defendant "";;.... ;.'V', ">""" ..UIl!!l"." ~ "i,;";;;.,',; 'i;-,,,-,;,;,;<<,',,;-.""'0;,-" .'., ' ),_,.: .~,,_"' 'd 0_0_ ",~ ,,---- '1iII.! .""",,~.,,;,,,;;;~ "';;;;;.,,. ;'.",-",,,,,,,,,, , ,. "~,-- ^.- "-~- .^ ,-, ..,d'-;;'''''--'''' .", ....,"",." ,'i',",;.,'"" ";"" H. ".""d', "... .. (") 0 0 c: ""l'1 ;;:: Cl --,I '"Om ,., l""r:" !;2gj C') z-' N '~?9 C/) \.,~".. .,......! -<2:: 0 ~C) -0 L >'0 3: ~g :;2 *' ..., ~ ~ -.J -< ~. ,,; .,. - ,--~ --. ~. ~ J ,_ ~, ~,"-_.~ -, " '':'_,"<,,,'ci-:'!:-~,' ,..j-;L.," ',V -'16 LADORA M. PASTUCKA, Plaintiff v. : N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. 00-(.,..215-6 ~tt~~ : CML ACTION - LAW : IN DIVORCE MARTIN 1. PASTUCKA, Defendant PRAECIPE TO ENTER SOCIAL SECURITY NUMBERS TO THE PROTHONOTARY: Please enter the following social security numbers in the above-captioned divorce action: Ladora M. Pastucka - 165-54-6614 MartinJ. Pastucka-192-40-1635 JAMES, SMITH, DURKIN & CONNELLY LLP Date: q - S- ()D ~,,' _.~_ c:.' --'," _.-,.. ;.s,~, . .'.' ~,' - ~. >-,-~ "" ,~C u. --- ~ II] ~, , ~""''--'<-- '" , ~< --,<,- "<, o ~ -,-:;:: Q"ii:';-:' .<c:::::; ~i:-~'-: :~~:'=-_! -~7 '-_' ~:; ~~ ~=J -<: , ~-. "I I (--' c ,:0 :~ c) ~, .--, '-1-' -":) ;:..0 r" ,~ :::::::1 ~:::J -< ~ " " =" .r-""'-"~_b!_~__,"-;i LODORA M. IPASTUCKA, Plaintifli'Petitioner VS. IN TBE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - DIVORCE MARTIN J. PASTUCKA, DefendantJRespondent NO. 00-6250 CIVIL TERM IN DIVORCE DR# 30,088 Pacses# 337102666 ORDER OF COURT AND NOW, this 261h day of September, 2000, upon cousideration of the attached Petitiou for Alimony Pendente Lite andlor counsel fees. it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on October 24. 2000 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.IW (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY TIIE COURT, George E. Hoffer, President Judge MailN'pieson:. "'...M..,.,w.,,,.........'.'.... .1 ~"'2fl'!ll'iffo::' . Petitioner < Respondent John Connelly, Jr., Esquire )1.1. , Conference Officer Date of Order: September 26, 2000 YOU HAVE THE RIGHT TO A LAWYER, WBO MAY ATTEND TBE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTB BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ""~'-;'-' , .";_~,,,."' ';_i<.~_' 4' -- -"_';""",,,,.-.,,,.' ;-:"""";' I Ii !I il II II I] b r: II II II IJ Ii , '~"- ~., ~o' " ,~~. " ,:" ----.-'..:.', Of' FILEfJ-OFfJCE [',:"\r\T,-Jn~ jI~,,,.,\oy j :'_,'1: "....'!\;i,...:!rJl Oil <:,;FP 2', v \...,_, ....... ~" 3 3'- !-'~ . .... . II "., w CUMbt}iJ\i~O COUNll PENi\lSYLVA\IiA . ,--,~-~-_ ,,"'b.".J>" ",,,,~,',":_,i:. h'-__' Or _u:.,- ,,_. .".. -,-.,;~"'c.~'''"''''.~ h- "'''"'''' 11111 ,~ __IOOl~.,!",J.,mj~~~JiIII'.tt'l!f'''''''iC'Jf'''r-!l>''.~!f[j'0'F~>Ii\IIH';;''~~~'I,j';,l,w,'!!i I_"",;~I!,,, ~ -';;..,) 0_'_ '- - '" ~';:'-h , -' .'_\',C;"_" - '~. "'_4~' '_ .j - LADORA M. PASTUCKA, Plaintifti'Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA :NO. CU- (...2S'C:) C;,-,~C T~ MARTIN J. PASTUCKA, Defendan1JRespondent : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Petitioner, Ladora M. Pastucka, and through her attorneys, James, Smith, Durkin & Connelly LLP, and avers as follows: I. The Petitioner is Ladora M. Pastucka, who currently resides at 6810 Clubhouse Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 2. The Respondent is Martin J. Pastucka, who currently resides at 5261 Strathmore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Ibis Petition is being filed concurrent with a Complaint in Divorce in which a claim has been raised for alimony pendente lite. A copy of said Complaint is attached hereto and marked Exhibit "A". WHEREFORE, your Petitioner respectfully requests this Honorable Court to schedule a conference with Domestic Relations to hear the alimony pendente lite claim. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP Date: q, - / !r () () ~D''''''-?f''A ~,~..-. >- _. '^" '_'h , _oJ"'_'_, ~", '-cJ~-'-~' -, '-,""'n' _<. ~. "'<_';-"~-,;;;,;;',o: ~'--.i . I:' VERIFICATION I verify that the statements made in this Pleading 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: q - /3 - ()() :?ftU/&ld- \~tkd- ,~. t,,' " " '" -'0 ., ,.j", C IT. I"~ EXHIBIT "An ",~-o';~C'=',X'0~..~ ". _>""e'-,' -, "'''., ~--'-.., " ~ ~~'""'''_'''''\In,-,~l' t. LADORA M. PASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO mID OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249- 6 1~.~.iw_lJ"i,I;;I!!.,-i'#1c." LADORA M. PASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. MARTIN J. P ASTUCKA, Defendant : CML ACTION - LAW : IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary ~ --- . , ~-~'fu~k~,j LADORA M. P ASTUCKA, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. MARTIN 1. P ASTUCKA, Defendant : CML ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Ladora M. Pastucka, who currently resides at 6810 Clubhouse Drive, Harrisburg, Dauphin County, Pennsylvania 17111. 2, Defendant is Martin 1. Pastucka, who currently resides at 5261 Strathmore Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 28, 1980, in York, Pennsylvania 5, There have been no prior actions for divorce or annulment between the parties. 6, The Plaintiff is a citizen of the United States of America. 7, The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. _ ........~..M"'~,M;;:;::i-~'I"-- The parties to this action have been separated since June 8, 2000. 10. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT ill CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Plaintiff is unable to support herselftbrough appropriate employment. 13. Plaintiff lacks sufficient property and income to provide for her reasonable needs. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 15. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. " ~L_u.,<"",.MW WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite Plaintiff's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date q - 5 -(){) .~~~I1;t-m,,"';. VERIFICATION I verify that the statements made in this Pleading 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: 1- .5- ()[) ,'7J.1m;<)];-h~~dUL- Ladora M. Pastucka, Plaintiff ~ ^' ,-, ~& <0"".< '~.---c;,..,-.,,_~_ ":'-' ,-",,- -""'~-"h,~ '. LADORA M. PASTUCKA, Plaintift7Petitioner v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : NO. MARTIN 1. PASTUCKA, Defendant/Respondent: : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, John 1. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the Petitioner, Ladora M. Pastucka, hereby certify that I have served a copy of the Petition for Alimony Pendente Uta on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Martin 1. Pastucka 5261 Strathmore Drive Mechanicsburg, PA 17055 JAMES, SMITH, DURKIN & CONNELLY DATE: Q-j,3-DD , ""',~ - - - ,<' 0'",0 " ,",,""',...l;' ,'. ~'- ,..'_ ' "'" ,0 ,~ o -,~-- . Cl C :CJ -ci'-, Q;: L::.... ' ;.-- ~? ;-: . )>~; .. -~ ~ -, c-, -" ~/) "'1 '.1 L. ~'~..: ";1 ~. - ) ()'< ~~ - - ~-, - "".".- __....-""'"',''''~.ilU.! LADORA M. P ASTUCKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00 - 6250 MARTIN J. PASTUCKA, Defendant CNIL ACTION - DNORCE NOTICE TO PLEAD TO: Ladora M. Pastucka, Plaintiff and John J. Connelly, Jr., Esquire, Attorney for Plaintiff YOU ARE HEREBY NOTIFIED to file a written response to the enclosed Answer and COWlterclaim to Complaint in Divorce within twenty (20) days from service hereof or a judgment may be entered against you. By: LeRoy Sm el, Esq re LD.#09617 Ann V. Levin, Esquire LD.#70259 2917 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorneys for Defendant , - ,- "",,',,' ',..,;..-- ";'" ,'-;;L...:.-:~- _d'i~"'","I;j,.*,~, 58l5M l-4Answer to Divorce Complaint! A VLlkld September 27, 2000 LADORA M. PASTUCKA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYL V ANlA v. NO. 00 - 6250 MARTIN J. PASTUCKA, Defendant CIVIL ACTION - DIVORCE . DEFENDANT'S ANSWER AND COUNTERCLAIM TO COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE AND NOW, comes Defendant, Martin J. Pastucka, by and through his counsel, Smigel, Anderson & Sacks, and answers Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. 9. Defendant is without sufficient information to establish the truth of the alleged averment. 10. Denied. II. Admitted. 12. Denied. 13. Denied. 14. Denied. IS. Denied. I~ --;." .,.,;....-,:;--; ~h>ijihi\i,_ COUNTERCLAIM AND NOW, comes Defendant/Plaintiffin Counterclaim, Martin J. Pastucka, by and through his counsel, Smigel, Anderson & Sacks, and avers as follows: COUNT I DIVORCE UNDER 3301(a)(2) OF THE DIVORCE CODE 16. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs I through 15 which are incorporated by reference herein. 17. Plaintiff/Defendant in Counterclaim has committed adultery. 18. It is believed that Plaintiff/Defendant in Counterclaim has engaged in an extramarital relationship with an individual named Ralph Spontak. WHEREFORE, Defendant/Plaintiff in Counterclaim requests the Court to enter a Decree in Divorce pursuant to Section 3301(a)(2) of the Divorce Code. COUNT II DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE 19. Defendant/Plaintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 18 which are incorporated by reference herein. 20. Plaintiff/Defendant in Counterclaim has offered such indignities to Defendant/Plaintiff in Counterclaim, the innocent and injured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Defendant/Plaintiff in Counterclaim requests the Court to enter a Decree in Divorce pursuant to Section 3301(a)(6) of the Divorce Code. - - &.'" " -," "1'1; M,"""""'';';;:', COUNT III COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3702 21. Defendant/P1aintiff in Counterclaim repeats and realleges the averments of paragraphs 1 through 20 which are incorporated by reference herein. 22. Defendant/Plaintiffin Counterclaim does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Defendant/Plaintiff in Counterclaim requests the Court to award him counsel fees, costs and expenses. Respectfully submitted, Date: October 6, 2000 Smigel, Anderson & sac~ ,,~ By: ;f)M..if LeRoy Smi I, Esquire I.D. # 06917 Ann V. Levin, Esquire LD. #70259 2917 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Defendant, Martin J. Pastucka "~" . ,~-~ ,~.- ; - . .-.", __i",'i.~-",,' VERIFICATION I, Martin J. Pastucka, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Date: /b/S//)() I ~,t ~k- MARTIN J. ~STUCKA - ,. ~ < - ~--" "~-,~ ~._,,; . - ~ "' - . -, ",*,~"d,,~ti,. LAD ORA M. PASTUCKA, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 6250 MARTIN J. PASTUCKA, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certifY that I served a true and correct copy of Defendant's Answer and Counterclaim to Complaint Under Section 3301 of the Divorce Code on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the 12th day of October, 2000, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey, P A 17033-0650 Smigel, Anderson & Sacks By ,L IL) LeRoy Smigel, Esquire LD. # 06917 Ann V. Levin, Esquire LD. #70259 2917 North Front Street Harrisburg, P A 17110 (717) 234-2401 Attorneys for Defendant ".6 I -,..r\"~_ --i[iIlJ.[~iijj;;lli' ~ ~~"" '.' '",''''_~~__c_~" , _~ . ~_,_._c,' - ., !lIJrl.JW~~ .,.- 'c' .-~ ";-,'. "'" - ~" <~ ~- ,., - - ,',_ dO ' - ~ ~~L ::..:< r~__- U;",-.': r:: ;?::C~ .c_ '-', s.::; >~:: 2. :<. ."---" ~~, q ~, <-~ '--' 0:-":' r,"":') _ ~l --i c:o '.0 tS -'1 CD '-:;_:,:) j:-n ~:-i d;'~ =< ., - . - -.""""_~I'~";.~ LADORA M. PASTUCKA, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 00-6250 MARTIN J. PASTUCKA, DEFENDANT CNIL ACTION - DNORCE CF,RTTFTCATR OF SF.RVTCR I, Ann V. Levin, Esquire, Attorney for Defendant, do hereby certify that on the 24th day of October, 2001 I served an original and one (1) copy of Defendant's Interrogatories addressed to Plaintiff's counsel in the above-captioned matter, by depositing same in the United States Mail, first class, postage paid, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, P A 17033 SMIGEL, ANDERSON & SACKS, LLP By: Lv d~~) Ann V. Levin, Esquire !.D. # 70259 2917 North Front Street Harrisburg, PA 17110-1260 (717) 234-2401 Attorneys for Defendant ,~ ".' .~ ~ '," IJll>l rBi. ~-,.;.. -~. "1iM~~~ill-~ . ''-'/IIf'. ~ili~ .. ~~ - 0 0 0 C ~.n :S, 0 :_:.3 ""00::1 n -c_'-; " nltT, -l r~ Z::G N '_c.-- Z~::: \..0 ;:,/"/ (J) ,"., -<L_ '-';CJ r.:::C; -0 " -:PC >-.~ -" ~;::-.....O 2': ,::-.::..rn ~C) ~ ..-Y c= '~ ~ =1 r0 :.s -<. ~ . . -~'"I",>h; 5815.14 LADORA M. PASTUCKA, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 00-6250 MARTIN J. PASTUCKA, DEFENDANT CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served the foregoing Request for Admissions Pursuant to Pa.R.Civ.P.4014 upon counsel for Plaintiff by depositing same in the U.S. Mail, fust class, postage prepaid, on the 24th day of October, 2001, addressed as follows: John J. Counelly, Jr., Esquire James, Smith, Durkin & Connelly P.O. Box 650 Hershey, P A 17033 SMIGEL, ANDERSON & SACKS, LLP By: Lc/L ~ LeRoy Smigel, Esq. LD. #: 09617 Ann V. Levin, Esq. I.D.#: 70259 2917 North Front Street Harrisburg,PA 17110 (717) 234-2401 Attorneys for Defendant "0',', ~:-, ~- """"'-'-' ~~Ii-lljj.h-'~!>i ,,-"'''.'''- ""~-"-1l~~;ji< -l1D!.!1A -~ ~ ", IM-......."'~ . 11'~?'liliIlIiI JI!IWU L1Jill o c ~ -rJC.L: rnj'c: Z:L. ~ ~~~~ r:;C,' ~O --0 )::;'C Z -' -< o () '~n o .-') ':..., N 1..0 .'- ;-71 , . .v '-, "1, -:0' -Cl ~'--;'~O tj;-r1 -'-i ~ :0 -< r......., '" '.....",. '~.,,-,'" y" .' ' ~ e" n, ,-'C.' , , - LADORA M. PASTUCKA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00 - 6250 CIVIL TERM MARTIN J. PASTUCKA, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses in the above-captioned divorce action. JAMES, SMITH, DURKIN & CONNELLY LLP Date:~ By: J J C el, Jr., Esquire A; 0 ey or PI . ntiff Post Offic 650 Hershey, PA 17033 (717) 533-3280 PA LD. No. 15615 .'..'.'M" ,,--_.~, ,,~.~-~" ...'". ".llIlf " -,," .>< ."'+' ,~ :(. - ~- ,- ,-" --~ ""'-<'~'-'~'.- -' . ",,-~ " o ~ -UcP mm zx Z'-.' m'c, ""j':~:>," -..--<:"-. ,<0 ~O ~g ~. """,. o CI f71 n N -' -0 :;:':: m., " , I , , o -n o ;r; :.y>t5J ':~-:;~~,), --.,,~--r' ';..c)(') ~rn :0 '< - (;1 ~ ,~ &<'-~"'Wi,,'~^ In the Court of Common Pleas of CUMBERLAND County, Peunsylvania DOMESTIC RELATIONS SECTION LADORA M. PASTUCKA ) Docket Number 00-6250 CIVIL Plaintiff ) vs. ) PACSES Case Number 337102666/D30088 MARTIN J. PASTUCKA ) Defeudant ) Other State ID Number ORDER AND NOW, to wit on this 14TH DAY OF JANUARY, 2002 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or G() Other ALIMONY PENDENTE LITE PETITION filed on SEPTEMBER 13, 200 in the above captioned matter is dismissed without prejudice due to: THE PARTIES'S MARRIAGE SETTLEMENT AGREEMENT AND THEIR DECREE IN DIVORCE ON DECEMBER 28 o The CeI petitioner. ~~ DfYl ,instated upon written application of the plaintiff BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant John Connelly, Jr., Esquire LeRoy Smigel, Esquire JUDGE Edgar B. Bayley ,'nAIL _r-'~. ',. .:,...;:1 . . _"i~,: ;,~ :1: ~.,.. 1'11/.0)" Service Type M Form OE-506 Worker ID 21005 ^:'''''''"''.'~~~''~j,it!;M4.!'>3.!~,~_"'''',i>h'll',m;:.'''''-'4li!!,,J.;,Jiiii,m''''''i>-~~,;(~~m~.i\i;%U~_....'..~.,~.!1'".'~~l:il~r " ~~> I 0 0 r..-:J r- l'J ~~ "n .~- , "--0 C' ~ ;,":/.. m n ~~i'" -C' Z "l i;'j Z r- (f)~ u-; l..,'" -/~..: ~~, ':'::':( (~) ~C ~T.J --;-, ._o:.~r-. -~-f-'" ::c,d ::rJ z , -') )> (j ~....) i=-n C Z -. =2 ':." :b -< " ~ ~~ ,~- t, ~ LADORA M. PASTUCKA, PLAINTIFF IN,THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-06250 CNIL TERM MARTIN J. PASTUCKA, DEFENDANT CNIL ACTION - DNORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~r day of \~ -; 2002, it appears to the Court as y follows: 1. The parties hereto were husband and wife and a divorce decree has been entered by this court to the above referenced docket number. 2. Martin J. Pastucka (Social Security No. 192-40-1635) hereinafter referred to as "Participant", current and last known mailing address is 5261 Strathmore Drive, Mechanicsburg, PA 17055. 3. Ladora M. Pastucka (Social Security No. 165-54-6614) hereinafter referred to as "Alternate Payee", current and last known mailing address is HOO Woodridge Drive, Middletown, PA 17057 4. This Order shall apply to Accounts No. 6596-6857 and 6596-6726 held by Baird, a Northwestern Mutual Company, hereinafter, "Accounts". 5. To accommodate the marital property distributed between the parties, IT IS ORDERED, ADJUDICATED AND DECREED as follows: A. It is the intent of this Court that the provisions of this Order operate as an effective assignment for the Alternate Payee's interest in the Accounts as set forth below under both state and federal laws, for all purposes. . , '., ~ ~ .~ ~ .r.$',,,,*~,_ 5815.14 B. Baird, a NorthwestemMutuaICompany;'shal1transfer.to-Altemate-Payee-- $225,000 from the Accounts as follows: (I) $183,000 shall be transferred from account # 6596-6726; (2) $42,000 shall be transferred from account # 6596-6857. C. The distribution of $225,000 shall be transferred to: Alternate Payee's Account No.: 6596-6507, held by Baird, a Northwestern Mutual Company. , The distribution is to be paid as soon as administratively possible following the date this Order is approved as a Qualified Domestic Relations Order. D. Nothing contained in this Domestic Relations Order shall be construed to require Baird, a Northwestern Mutual Company: (I) To provide to the Alternate Payee any type or form of benefit, or any option, not otherwise available under the Accounts, or (2) To pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another domestic relations order previously determined by Baird, a Northwestern Mutual Company, to be a Qualified Domestic Relations Order, or (3) To require Baird, a Northwestern Mutual Company, to provide increased benefits. E. This Qualified Domestic Relations Order has been drafted in accordance with the marital property distribution agreed to by the parties. The transfer of Account funds pursuant to this Qualified Domestic Relations Order is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is recognized that the parties intend this transfer to be non-taxable. ,. ~"*"-,, 5815-14 F. The parties are-directed.to timelysubmit.all doCUl1l€llts,. including releases, that. are required to finalize this Order. G. This Court reserves jurisdiction to issue further orders as needed to execute this Order. H. A certified copy of this Domestic Relations Order shall be served upon Baird, a Northwestern Mutual Company. By J. .~ '~f[ Pff t.O '. R Lei! ~toJJelll \ ""diJJ,O'!F 'Dill~'_;IiliUI~~w..f~~~~~~~~I:l.IiI_.i;;'~''';;~"'' ; " ,,,v," '. '" p- ~,- "~ '., r-d' "'-'_'r ~"Q, J~ .....1~'1 ..., . ~ti t5~ r G ~ t-,- , ~~l'. 5815-1A " .. LADORA M. P ASTUCKA, PLAINTIFF IN1HECOURTOFCOMMONl'I:EAS-'~"'~- CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 2000-06250 CIVIL TERM MARTIN J. PASTUCKA, DEFENDANT CIVIL ACTION - DIVORCE STIPULATION AND NOW, this ~) day of =;~ , 2002, counsel for the parties in the above referenced action hereby stipulate and agree that the Order attached hereto encompasses the intent of their respective client and that it may be adopted as a Court Order. SMIGEL, ANDERSON & SACKS By:k tJ ~ Ann Levin, Esquire J.D. #: 09617 2917 North Front Street Harrisburg, P A 1711 0 (717) 234-2401 Attorney for Plaintiff Attorney for Defendant .J;;.'0.;..;;:e/', . '.^';"G..:"T "'Ill~IliI~~~lRll~,*,,"~'!I;~t!!i~iM' "," ,,-~'~ .. I"" ,-~ -<~, ., ..... ,. () Cl 0 C r....,) ,'"t -~ s.. :1!': "O(D ;!,7All 52~l:1 ;;"-:J ~ ZC:: I -, (';--j -0 cn c~. .,:- \" -<.--c..' c; (:::: c:~ ~ ~ -r] ~~-, C) -',," ',:~~\ --,", ~ ~~ j> 0 ~ C 'J 2; --, :"'''1 ~ -< 0 -< ~