The URL can be used to link to this page

Home My WebLink About01-2651 FX . '" :f. :Ii'" '" '" "'''''''''' '" '" '" '" "':f. '" :Ii . :f.;f."'~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. . STATE OF . LINDA L. MALINAK, . . Plaintiff 01-2651 No. . VERSUS THOMAS A. MALINAK, Defendant . . DECREE IN DIVORCE . . . . Qp~'8 , IT IS ORDERED AND . 2001 AND NOW, . . . DECREED THAT LINDA L. MALINAK , PLAINTIFF, . . . THOMAS A. MALINAK , DEFENDANT, AND . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO!lp_IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; I\IU~ All matters have been resolved pursuant to the Property Settlement Agreement reached 'by thelparties dated August 11, 1997 and incorporated, but not merged into the Decree. . . . . / By TH"'~UR ~\ .' ATTES'~~ PROTHONOTARY . . . . '" "''''''' "'''' '" "''''''' '" '" "'''' "''''''' '" ;t:;;t; :f.:f.:f."'''':fi ;F. "':f. - ~" ,- .'1".,.' '-~"y-_r .-'0" "'_f_ ,_", -'1'''"0'''_1' - ,"" Ii" -,.. .p 1'-' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . ~~lliIIllliMi~_il:''t-.-,~-; ", ~---'~~fJ~~w.;."'.......,,,w,~~~..".t -'"","" -liiilltiailllllllllli;ii!~l-.\, If. )t/.,::7 I ~-jtJ-t:J1 -......~l!1~r ., J ~,'i I: ~~ Ii , ~, " , -." " M- ~'~64~.~~u 7l~~ z; dp" .~ ,_~._~._ >r",",'~"",_"",<~-,__",,_,,,_<_,-,,"_,_,<",,>,'~_~~,,~ ~"'~___ _~c.. I, ~ ~lmMM'~" , l' Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774.1445 LINDA L. MALINAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0/- ,,It..S7 4;J THOMAS A. MALINAK, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgement 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 '"' , '''~----~-'''''Y(-,-."-'-- 'c'''''_-''''''_,;,", ,-~--"'?- - - \'l.--';:~'\':, .-~ -".",-'"-~- - -,'. "I "'1 ' --~ " . ~ - _,r . . Barbara Sump1e.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. eJ I. ;l C. 51 ~-r~ LINDA L. MALINAK, Plaintiff THOMAS A. MALINAK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Linda L. Malinak, an adult individual residing at 930 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Thomas A. Malinak, an adult individual residing at 2812 Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on October 4, 1975 in Harrisburg, Dauphin County, Pennsylvania. 5. There are no children born of this marriage. '-- -""-" ~, . "-.t 'f~7Y-'''''', '~':~"'_", :-_-:;_.__::,-;_~ ' ""'.-~,,' I' ^,-" , -~". "-'/--.1 -I '.:-. -~:: - - .. - 6. The parties separated on September 1, 1997. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 of the Pennsylvania Divorce Code. 2 . ;'o~,~ " ',,'~_. <,..t,o" ,_J" 1""'-, .,," I . -~,-,- Ob" -,-""C"'" J I , , " < ,,~ " . '~ -. --- - WHEREFORE, Plaintiff, Linda L. Malinak, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; and E. Awarding other relief as the Court deems just and reasonable. Barbara Sump Ie-Sullivan, Esquire Attorney for Plaintiff ,549 Bridge Street New Cumberland, PA 17070.1931 (717) 774.1445 Supreme Court I.D. No. 32317 Dated: S - L. 0 / ,2001 3 '<'~ __..f,.,_" ". l'~,:-'''-.__- - -.~ ,--" I --I ~~~- Barbara Sump1e.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. THOMAS A. MALINAK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. 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. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated:tf/30 ,2001 (/j,7~.rr;~ LINDA L. MALINAK ;,,'0 - ."c: . ,,~.,,-, Co ., -_ ,.-/!,-." 'x: c t _._': ''Co>' I~ ' -, :T--'~'- "1'- ^---, ,"..- ..- . , , Barbara Sump1e.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. THOMAS A. MALINAK, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, LINDA L. MALINAK, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated; L/ ! 3/J , 2001 .~Yf)~ 1'; A L. MALINAK :',~, ,?~-, ". ,--""", :1,,'. "-,.-,, 1""'- ,"I ~, -- ~? ,-, ,?- Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-2651 THOMAS A. MALINAK, Defendant CIVIL ACTION . LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint in Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 70000600002838925114, Return Receipt Requested, on the above- named Defendant, Thomas A. Malinak, on May 8, 2001 at Defendant's last known address: 2812 Rosegarden Boulevard, Mechanicsburg, PA 17055. The original receipt and copy of the return receipt card together with verification from the United Postal Service Tracking System are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Dated: May 15, 2001 arbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774.1445 Supreme Court ID #32317 Attorney for Plaintiff - - ". ;-~:-")'"d."H'~,,__,",,_);'-,": -"_,'-.,, ~ ," <_'":,,:_~,,_,:'Ic,~o~:-~~_'r'_!r\ "1 -~ ,~, - "1- < < ."',,' ~ - . . " " I' , '. .'. . .'.- . . ' ., - . z .-"I .-'l U1 tlECHANICSBUR6 A 17055 postage $ if! .1.90 ru rr cO in Certified Fee .1;~0 RelurnRece;pt,Fee (EndorseroentReqUlredl. Restr\cted Delivery .Fe;) (Endorsement Require $"3.20 cO ru CJ CI C;f. . ~'''''~:<(-!. 0070 ~ \~ il1 POOt,,:~'r"" <~ He; ~ .-....."" , c' ,.-' ",. ".00 ;'l'\-'" 05f0512001 CJ CJ .Jl CJ CJ CI CJ r-- . $$7,57 rotal postage & Fees --- nnt early) (I1{,e completed by maIler) R'~t?;t's Name (~/J(ase~ l"! 0.. ..____..____.______ .... ~ H \' l~\!n .-------------- ~~- .siiie~}~No;;~iPo-iiox'fio'" ~:'" ,.i';:::\~JI.!'<CCLn'..n.."""'" :;; A I.... N;>;igtc"c-d,',f>-n""".,n ---- 'CiiY.'s!iiO.'zr;-"-"" "",n" Df!, \iDS'S ~n'c..S u(j L , ", .. Complete items 1, 2, and 3. Also complete item 4 if RestrIcted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maiJpiece, or on the front if space petmtts. 1. Article Addressed to: ~\.lr-om&lS A. I'kLnd<. ;;1.$ l.;l. Ko.sejQrden 6lvd~ t'Yl..e:c-hc..nic.5 b vi j' p,q hos o Agent Q_Ad.Q(e_s~~e DYes ONo ~'--' _- ..-A ....,:-;""~ - ::- ~-~ o C.O.D. Yes 4, e e? raFee 2. Article Number (Copy from seNice label) ..-, .L.j IDOOO(ooo O{),;(51,'<.,?/l<2 5/1 PS Form 3811, July 1999 Domestic Return Receipt 102595-00.M-0952 A .__ .t I". ." ,! -~-:-~ EXHIBIT "A" > :'~'.' - ....;.-.. '. .' .--.> " ~ - ' .' .__,__'"",-,-,-."~ ~.-,.__i;;;.,.,-./~. , -.', ,. "-~~."'.'-- Direct Query - Intranet Page 1 ofl ~ ~ Track/Confirm - Intranet Item Inquiry Item Number: 7000 0600 0028 3892 5114 This item was delivered on 05/08/2001 at 08:53. DeUYary 3OdIOn Signature: )f~,_~~ ~ fuf.,.~ .--- . ..... .""'1--. ".1- -, Address: 211 , R.fJS(;G!t~et'J . - II Enter Item Number: I~~t;;:;:ll Go to the Product Tracking System Home Paoe. -- http://trkcn:fim.usps.gov/netdata-cgifdbZwww/cbd_Z42.cl2wIIMG -------- ---- 5/15/01 ~~:~'~?~:~:;;1!:;"<5'? ;'.', " ,.'. .'/i-';:;~:!h;;~;':t.-d:HH: .?:,<;~~~~";".. ~'." '-:":,::', .,'; ",." --.._~ h; ",,' " ., ./ 'j I FROM JS/-IS I',;rw CUHUP.~RND ?A .1'. __ i 4tf.' -( tl)21. TE:. FAX NO, : 7177957896 NO.71? 774-5812 Ma\j, r1aS 152001 12:16PM Pi JJ.Ol11:2SF',Ol " SOM;-e~ .CoriH''''''''. o Aoli""od 0' InSlJft\O M;:til tJ C.O.!). ~ ,---"-,,_.-.. . _ ~_ !.. -...."" ""j""" _ r..; lIto- , 2, MicIo ~1"00r iC<;>1- """""..,.1.... . : : ,,,.:,,' . lDOC!DIt;CDob;t'X,~r/1JJ.. 511"-/ ; P$. FOIllI 5,81 ~JiJW..1ll99" . :' ~/;...,:t"" o,,,,,..:'oRolurn n~ "';".,"M.,,,, ..!lilt! I I~HlI \l HI'I III II, !Iii II ConlplQl. H..". ,,', '~;'ancl3, AIoo QOmp!el9 Ilom 4 If EIoslllcled ~IVOIl' Is ~"'IOO, . F'rW'\<lU' tllllllS and .o:t... on thO ,......... ..lIlllt W. _lBl~o thO .."'1" you, . Mach Ul\$ can:f to &he back (;( thO' m/)U~ ~ 0" 'hi f_ H IpICO """,,110, 1.__'" ""'1<1~~5 A. r'lt<b ~ ~ '8 t,a ~~('ifdeh O[V*~. Yl1.t.c.hc..~iG$b...rj' p;::; J~5 --'---'~-. -.~ ~--'-";;''''~-,-----:''''~----_._,.;., -.-;.. ~-...:.... '---;.,,;.... '--:,.:~ ~ -- --..--...,.--:-" , ~..". .-:...,....-...,-,.-...,... ":". .-...- ,---_... "". \ ,,' .- .- BII'iU_I!_!:W Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-2651 THOMAS A. MALINAK, 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 May 3, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~.. DATE:~,2001 ~1Yl~ LI A L. MALINAK /- ~ " ,;~, " ~ . -'. _ ,~ '-~~>--""-' ~O-""'"_"" ,~,_ 'I','_'V';": '_ ',0"'" ._-"" ,","-,- ~__c_-'I,~'_____' "1 I I I I I I " I II !I Ii :,',.,',1'. i~ b .~ "I WI II !~ll ',II :1l ,ii, jl IJ ';oj I a:., "" ~ ~, ,-.-- ,~,- .... " ..,.... . -~~, . ~ ~ ~ "' ,,"., ,v"'_'f'___" - ',o.''' ~'" ." . - -=" 2 s:: -00:' t;! Cf.! "t;- ~j..J ZC cn.!~' "<~ ,<C :E::c .?-c. )>c -, ~ " ,,,,,,4Jlf!'flWJ_~~~~~!.lI:~l,____ .'~ o (j') rT'1 -0 o .-n --., FT~ ?=' '-,-) i~!.; - ,'-\ o~_...i ;-0"1)... .-.:f\.j ~:~-~ ~ ?E '< - :;c:<~ :h S9 -:..,.:) N llJI'J:~~_"<<r:-~_"_~ , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-2651 THOMAS A. MALINAK, Defendant : CIVIL ACTION . LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l33011c) 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: q!~ ,2001 ~!t/~ LINDA 1. MALINAK ,~~,l _ ,,~ " "-~, , , p.. ," -,~-,' - ~, - J(," c___ ~"-"-J;~',r; ,. -"'.- "~'_~"""_~:'_' . , ~:'I ,'~ . - ' -' ) --~.' _,-Co"~ ",,",' ii I; 1:- i f, l~ f, l ~ i I. [ Ii t] Ii 'I I 1,1" !'I If ,,1,.,11' '1 -J: "ft.. ",- <Ii ~ ,.,_^~" _""",,' 'Co~'_ ,~"". ~-7""<t'.. _.,,""': c"" '0 ~-,,::_,,,,,, _,_<ry,-"?_ __,..___"'.____,~J!DI~~~I:!!\....-~i~~ ,-,';_"_,~ 1i!!!Il!il ',e', Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774.1445 LINDA 1. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 01.2651 THOMAS A. MALINAK, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on May 3, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service ofthe Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE~....p/1'4'~ b, 2001 AI tn. i }u-< t THOMAS A. MALINAK COMMONWEALTH OF PENNSYL VANIA COUNTYOF Cu'~~~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared THOMAS A. MALINAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of hislher knowledge, information and belief. Affirmed and subscribed to before me this ~ ~e~~ / NOTARy' PUBLIC My Commission Expires: v4' tP '- day ofS.,-O~.?l-;"2001. , NOTARIAL SEAL ROY EARLE COOK, Nolaiy Public (SE ~Boro:,C~~~ - ~. 'i;-''':'"-~,:,_,'C.:,_-I-" -:".,. --~_.,-'" ,':_:-J,-t,"-.," ,---,'~. ~~;' ::":;J",_: "'_ '0:1 f ~ .' i ! 1; f' I' f , , , t, ~l ~I t'. l~ ~ i! [, , r.: r~~ 'il,' I,bj [,}~, '" ".." .."N~..,' ........"..%,_..,...." ,..".,..."" fe', .1.. .."..,,",.., ',N,X .., 8 C) 0 ~'f'! ?~ U) "'0 OJ f1'1 " mnl -0 Z::(} -~~J t3 S:~ ~Cs -=~~d ?:: -',- " ....n Pr ~. :-?Q Z'"'---,: >~ 9? ~.JC;:- I , ! U ..,-.j 2: ;:...) ~ =< f0 ~ ~""'~""!"'''7-,,=-,._,~~. J,; ~_~,,:...,,'_,-;'''.-,',' ,_ ,,~,'.<'~"~:'O-"_'_'_" .7.," , Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA L. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01.2651 THOMAS A. MALINAK, 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 1. I consent to the entry of a fInal decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is fIled with the prothonotary . I verify that the statements made in this affIdavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworu falsification to authorities. DATE:~"'1<1I.t,~ b ,2001 A L r2. l.d:)Y THOMAS A. MALINAK "r ~__,v " '".\_,,~_ ",I :. " " ;~- -' "':'_,_l ':~l ':1;_- ','," ,,-,,-_,t. ,,,,-,.- . ~- .,<' - r" "[ -:-',~_"<;-, -:' -T . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF CoM~"==~ tViY'lJ~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared THOMAS A. MALINAK, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this 6-r:b day of 54-..,o;o.~~200 1. ~ NOTARY PUBLIC .1/, -yoO'-f My Commission Expires: ~US' r-'jJy" (SEAL) NOTARIAL SEAL ROY EARLE COOK, Notaiy Public ~ Bolo.. CUmllilrlallllCG. MY Corrol"', . .. 22. 2004 .W] ._~ ..,. ,_. ,~'_'y."_ :" '__,__ ___ "-",'-,,:-.>,_.,- ., f"'t".' ",.^' - ,',1- - ~ -.1 , I ~ I "I I " I ~ ell I j ':1 " i.. " ii' 1,1 "I ,,'i :l' ,,',II,',' : ~ i1,', "I "H ~t ]" "1,,1.'."'" .~, ~ ~"~?' -,' '~'~~ ~"~,-~' '" ~'" "'< =.'.~ '_'"", ",'..'h ",I, ~ ~ ,,>0:"" _ "". or" ,1 TCYf-, '~,-,' PWf'~. ,"= - . C) 0 ,~ C ~ u'> "n -u55 mrn .-:' 2:1:! -u ,_:: Zr- (j) f:;- '1m ::<..,.._. ,-,,-, r-:"'::-::, l.i <-c "Ie) $Ci """ "rj\ $0 :Jt -:.j;; ~ 9.? ~5rn :;:'"; =< :..) P fv .0 -< _,__;"","_.~,,:_lll!I!~~~~~~r"'i~""'::':';"~:_-::~"'1''' !,,"To '~~,'_-', TI~~'"'~'," -?"""'I\! . Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 Counsel for Plaintiff LINDA 1. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2651 THOMAS A. MALINAK, Defendant CIVIL ACTION. LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above.captioned matter, having been granted a final decree in divorce on the 18th day of~k"~2001, hereby intends to resume and hereafter use, the previous name of Linda Lee Morrison and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. 9704. ~~ Linda Lee Malinak TO BE KNOWN AS: ~~ Linda Lee Morrison COMMONWEALTH OF PENNSYLVANIA :88. COUNTY OF CUMBERLAND On this, the 20th day of september ,2001, before me, a Notary Public, the undersigned officer, personally appeared Linda Lee Malinak, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. 8 WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ~-~ BmIIsIaSl.!....~;,GullIlllft. -PIIbIIc ~ 8orQ. Ounib:~ ' . ~.!_=.~-- (SEAL) f;'l!," ""'''. ~ .,~~,. -., "'.' c "I "F".-: -:--- - -.--,~ ,'J,_" '~-, ~- r ~ ~ ~ r- , -~'^ _.C "';'''-'-- ,.~~, "~I, " I i,. I !l, 'I III 1~ Jj 'I ',',,'J N~ " " e;\cf '~ _..~_.."."..' ,., .,~_.,. _,~,_~,,<,^,;.,?,!" ,e.," ,_ .' , ~ ~ ->1 ~ () 0 '- ~, ~ ---- ,5l.., I\' ~ --0 .w ~ ---- ---- ~ - ~'> (') C) C Z -ocr; mrT ~i& (/5 2;: ~.c ~c:: ""-0 )>c: 2j -<. \ ~ - -, '- g I, '.f'') 0,'1 ''0 f')- en ,';':-, i. ~;'T ~~>\~ ~ C> :p -<. -0 U1 0::; ,!I."",)~"" ~~~~~, llIl!iUitli!~~,. ,!Ill, ,ll ~,~~,MJ~ ".~' ~~__,_...1"~ ~~t"__,. __ ,. ~ . Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774.1445 Counsel for Plaintiff LINDA L. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01.2651 THOMAS A. MALINAK, Defendant : CIVIL 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 ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on May 8, 2001. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: September 6, 2001; by Defendant: September 6, 2001. 4. Related claims pending: All matters have been resolved pursuant to a Property Settlement Agreement reached by the parties dated August 11, 1997 and incorporated, but not merged into the Decree. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divo September 10, 2001. Date Defendant's Waiver of Notice jI(~33 Prothonotary: September 10, 2001. / Dated: September 7,2001 / ,. , / &ro,,, SwnpI~SuIli'''', fuqillre ( ~49 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff as filed with Prothonotary: (c) Divorce was filed with ", :;~~:t~:J ~-~ 7 ,-, -~ 0, ; , >,,'-"-".-" 'f'_'__,_:;',--:-.- '.-:;-:I~}::' , - ,~. '--- 'A~~': -,;,,- J'- -_"'0 --, ,< . \ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 Counsel for Plaintiff LINDA L. MALINAK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2651 THOMAS A. MALINAK, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above- captioned matter upon the following individual by fIrst class mail, postage prepaid, addressed as follows: Mr. Thomas A. Malinak 2812 W. Rosegarden Boulevard Mechanicsburg, P A 1705 B ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (71 7) 774-1445 Supreme Court J.D. No. 32317 Attorney for Plaintiff DATED: September 7,2001 '--::R u_' '-; ';:: ,:,),~: ,h,." - :- ~-~~,,\,> ~,--,,--'.;- "~ : '- n''- ,- ~-,'-: '-' _ __' --". ,_ _-I>L_..,,,, __ 0,.,' ~~" ^,;.'-r--'--- [\ ~ - , --, i: f , , ~;, i, l:' I: ',','.' " !\1 ii 1!1 ~ ~{6 ..,.." ,_..,,_, ,.,' ",,",'h .."", '"," . "'-'r ,",':'.",", ~_,_ <_'C f_ '_' "ft"y- c_)1 r ' '. ,..,. _~_,_'_~":':~_'_ _-~c:t'!!~~W_li;~r.__>:,;-}W!~ >, 0 a ~.? c " ~ rn ... -0 a:; rrI ~i':~: nlrri -0 Z:J_J , Z:C- --::..,f::q (f)",~_' ,-., ' -<.cC '-::;() ,<co :!?; -',.---.+ ~C) -'''" ;'~)f1 );2 9? ;:::')rll 7": ~.) ~ ~ :D f0 -< "", ,""~~i"~" .~~"n_ "'1IIlI!I! /""""-" 'r~- ~ 1 ~ PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made as of this II . day of August, 1997, by and between THOMAS A. MALINAK, hereinafter referred to as "Husband"; and LINDA L. MALINAK, hereinafter referred to as ."Wife". WIT N E SSE T H: That the Parties hereto intending to be legally bound hereby declare, promise and agree as follows: 1. The Parties hereto are Husband and wife having been married on October 4, 1975, at the former Sacred Heart Catholic Church on Cameron Street, Harrisburg, Pennsylvania, with no children resulting from the marriage. 2. Diverse unhappy differences, disputes and difficulties have arisen between the Parties, and it is the intention of the Parties to settle fully and finally their respective financial and . property rights and obligations as between each oeher arising out of the marriage. (' 3. Wife has hired Attorney Robert E. Myers to draft this Agreement, the financial terms for which were negotiated and agreed to by and between the parties hereto prior thereto; the parties here~o have been and are hereby advised to obtain the advice of an attorney specializing in divorce matters; however, each party has elected not to do so and accept the terms and provisions hereof. 1 ilf,l!lI x'.' - , <_'f'<' -;"_~? -'I )' -,. '-"1-. , . <, ., " 4. Husband and wife may and shall, at all times hereinafter mentioned, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if he or she were unmarried. 5. Both Husband and Wife are gainfully employed at the time of this Agreement, with wife being a purchasing agent for Pennsylvania Department of Corrections and earns approximately $42,000.00 annually and Husband being a sales person for Terminix Pest Control and earned approximately $25,000.00 for the first six months of 1997. 6. The parties acknowledge and agree that they have each had '. an opportunity to value or have appraised any and all marital property, and they do hereby waive a formal appraisal and inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 7. The assets of the parties hereto at the time hereof consist of 1994 Dodge Ram truck, 1991 Nissan Maxima, l7 foot boat, '", boat motor and boat trailer, coin and card collections, 1969 i Corvette automobile valued at $18,000.00, Equity Select $56,221.00, D.S.C. $27,088.00 investment funds, Bonds $6000.00, household furnishings and each has personal checking and/or savings accounts of less than $5000.00, house and lot situate and known as 2812 ,Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, having a value of $119,000.00. 2 -~,,, ,~~ - - 1"'"'_"71',"1_'." ~. -, ,," I--! 'l 1'- r-"-- ,., ~-"~ - ., 8. Husband has a retirement from Roadway Trucking Company of $70,000 to be paid in March, 1998. 9. Wife has State Employees Retirement of $168,000.00 and Deferred Compensation of $30,250.00, which do not payout until her retirement, and an IRA account of $14,000.00. 10. Any and all life insurance policies now owned by the Parties have been fully disclosed to each other. 11. Wife shall for all times have and hold as her sole and separate property, with Husband having no claim or interest therein, the following items, to wit: (1) 1991 Nissan Maxima automobile and insurance policy '. thereon (2) Bonds or proceeds therefrom - $6000.00 more or less (3) Her State Employees Retirement of $168,000 more or less and all increments thereto that hereafter accrue or are earned or paid into by Wife or any other party (4) Deferred Compensation of $30,250 more or less and all increments thereto that hereafter accrue or are earned or paid into ....~ .. by Wife or any other party ~ . (5) IRA account of $14,000 more or less and all increments thereto that hereafter accrue or paid into by Wife or any other party (6) Any and all insurance policies on her life 12. Husband shall for all times have and hold as his sole and separate property, with Wife having no claim or interest therein, 3 -"";~ - ~ . '-;',',- '".-.' - ~'.- Ir.-.,-, TOO'--' . ~ - ~ 1 .. ~- ~ the following items, to wit: (1) 1994 Dodge Ram Truck and insurance policy thereon (2) 17 foot boat, motor and trailer (3) Coin and card collections (4) 1969 Corvette automobile and insurance policy thereon (5) Equity Select investment fund of $56,221 more or less and all increments thereto that hereafter accrue or are paid into by Husband or any other party (6) U.S.C. Investment Fund of $27,088 more or less and all increments thereto that hereafter accrue or are paid into by Husband or any other party (7) Retirement from Roadway Trucking Company of $70,000 more or less and all increments thereto that hereafter accrue 13. Wife agrees to convey to Husband all of her right, title and interest in house and lot situate and known as 2812 Rosegarden Boulevard, Mechanicsburg, Cumberland County, Pennsylvania, with no payment by Husband to her except conveyance is contingent upon simultaneously therewith the existing mortgage of .approximately . 'P .. . $60,000 on the premises to be refinanced by Husband or same to be ;' assumed by Husband and Wife to be released from all personal liability for said mortgage and accompanying note. 14. Husband to pay to Wife cash in the amount of $5892.00 on or before April 1, 1998. , 15. The parties hereto have divided between themselves the household furnishings and appliances. 4 \-,_.,,,,- ;"-4.,_ A~ .. " 16. The parties have no debts except for said mortgage and note and credit card accounts with each to be totally and solely liable for payment for his or her personal credit card account. 17. This Agreement will become effective and binding upon both Parties upon execution of this Agreement by both of them. 18. This Agreement will remain in full force and effect even if the parties live in the same residence, affect a reconciliation, cohabit as Husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the Parties in writing, signed by both Parties execute a statement declaring this Agreement or any term of this Agreement null and void. The purpose of this paragraph is to promote a reconciliation between the Parties, promote marital harmony and to discourage either party from reconciling with the other party so as to obtain monetary benefits. Further, the parties hereto acknowledge that they have been fully informed and are fully acquainted with the ...... '" legal effect of a reconciliation and that they have given due ;' consideration to such matters and questions, and that each party enters into this Agreement, and the terms of this Paragraph freely, voluntarily and with full knowledge and understanding. 19. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed 5 ~ , - 1-.' ---,!-- -," I .~= a waiver of any subsequent default of the same or similar nature. 20. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no other representations, terms, covenants, conditions, agreements or warranties, express or implied, oral or written of any nature whatsoever, other than those expressly set forth herein. 21. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 22. Each of the Parties shall hereafter own and enjoy independently of any claims or right of the other, all items of real property and personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 23. Husband and wife do hereby agree, release and give up any and all rights they have or may respectfully have against each "to Ir. other for alimony, legal fees, spousal support or maintenance, for i' themselves. It shall be from this date the sole responsibility of each of the respective Parties to sustain themselves without seeking any support from the other Party, and it shall be the sole responsibility of Wife to sustain herself without seeking any . support from Husband and the sole responsibility of Husband to sustain himself without seeking any support from Wife. 6 ""'1\1.-.. "0.', .'<""-"--"f .,-, - '. -~. "r.,; "" 1'- -1- -, . .- F " ~. 24. Husband and wife represent to each other that neither of them has heretofore created any debts, liabilities or obligations that would bind the other and that each covenant, warrant, represent and agree that each will now, at all times hereafter, save harmless and keep the other indemnified from all debts, charges and liabilities incurred by the other prior to or after the date hereof except as otherwise specified herein. 25. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code of 1980, as amended, in Pennsylvania wherein considerations are set forth in determining an appropriate '. amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce Code of 1980, as amended, both Parties voluntarily and intelligently waive and relinquish any right to seek from the other payment for support, alimony and maintenance. 26. A decree in divorce, entered by a court of competent jurisdiction to either Party, shall not suspend, supersede or ...... .. affect the terms of this Agreement. Both Parties agree to enter ;. a Consent Order or orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be 7 '-"1. . ~ '" -..)>- '''',;, r . .,", -I",_~ " , '. ~ . 1- - contingent upon the granting of a Divorce Decree to either Party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both Parties hereto agree to timely execute the appropriate affidavits and consents to secure a No-fault Divorce as may be required by the Divorce Code of 1980, as amended. Both Parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County, Pennsylvania. 27. Husband and wife covenant and agree that upon request of the other Party, they will forthwith execute and deliver to the other Party any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 28. Each of the Parties hereto represents to the other that he or she has made a full, complete and accurate disclosure of all assets that he or she may own individually herein set forth at the time this Agreement or jointly being " . . has been entered as or ?" executed. 29. The provisions of this Agreement are fully understood by both Parties, and each Party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or any undue influence. 30. If either Party breaches any provision of this Agreement, 8 '"", ~ ~ -''<' 'n"_"~f___, ,~_y_ _, '_ ,,< - , - ~ ~ , -. '! " the other Party shall have the right, at his or her election, to sue for damages for such breach. The Party breaching this Agreement shall be responsible for the payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or seeking such other remedy or relief as may be available to him or to her. 31. This is the entire Agreement between the Parties hereto and shall be binding upon them, their heirs, personal representatives and assigns, and shall not be modified except in writing and signed by the Parties hereto. 32. Except as provided for in this Agreement, Husband and wife each hereby forever releases, remises, discharges and quitclaims the other and the estate of the other, for all time to come and for all purposes whatsoever, from any action of any nature whatsoever in law or in equity, and forever releases, remises, discharges and quitclaims the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles, interest, or claims in or against the . "P . other or in or to the real, personal and/or mixed property of the ;" other and all rights of curtesy or dower or for equitable distribution or claims in the nature of curtesy or dower or claims for equitable distribution of property, or of widow's or widower's rights and all rights, titles, interests and claims which he or she now'has or ever may have in and/or to the other's estate, whether now owned or hereafter acquired, at his or her death, and all 9 "i!Ol<'l'. U _ j'!l -? ,-,,, ." h" -I'" - ,~ , '--~"" I. .' -~ ,I I ' ~- P'; -" , rights, titles, interests and claims to take against the other's will and/or under the Intestate Laws, or of family exemption or similar allowances or all other rights of a surviving spouse to participate in a deceased spouse's estate whether arising under the laws of (a) Pennsylvania, or (b) any state, commonwealth or territory of the United States, or (c) any other country, and each and every additional right, title, interest and claim or right to any accounting he or she has or ever may have in the other as wife or widow or as husband or widower, including any and all claims, demands, liabilities and obligations whether arising out of the marital relationship by reason of the ownership or joint ownership of any real or personal property, or by reason of any other matter or thing whatsoever, as well as each and every additional right, title, interest and claim he or she has or ever may have against the other, his or her heirs, executors, administrators and assigns, excepting only the obligations, rights and claims imposed or enuring to the benefit of either of the parties by reason of the terms of this Agreement. Each of the parties hereto further .,.... A.. covenants and agrees for himself and herself and his and her heirs, ; executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this paragraph. 33. This Agreement shall not preclude either party from providing for or claiming any bequests which may be made for such 10 I --t, -\. L'_, "'n'-,,-, I !,"-'- , , I' -, ". 'j ~, - I I-I ,~ - -~ . party in any trust or will of the other party hereto. 34. Each provision of this Agreement is separate from the other provisions of this Agreement, and if any provision shall be deemed to be unenforceable by any court of competent jurisdiction, no other provision of this Agreement shall be affected or invalidated thereby. IN WITNESS WHEREOF, the Parties hereto have hereunto set our hands and seals the day and year first above written. WITNESS: .A7t. rt ~ Thomas A. Malinak ~~ /1/ tdhu--( Binda L. Malinak COMMONWEALTH OF PENNSYLVANIA . Notarial Seal Mlo~el O. Harpster, Notary Pubi", M arroll, Twp., York COUnt'.. .. Y CommisSion Expires Aug. 17 ~'.: I Member. Pennsylvania Association ofi~otaries j Y~r ~ Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared ThomasA. Malinak and Linda L. Malinak, who being duly affirmed according to law, depose and say that the facts and matter set fort~ ~n the within and foregoing Property Settlement Agreement are true and correct to the best of their knowledge, information and belief. vlU'f. hd ,VJ;JjMm~ Linda L. Malinak SS: COUNTY OF me this , 1991. NOTAR PUBL My Commission Expires: 11 '-,k' i"'," 1"'~ ,'~- ~"--~r""'l---r -,'; "'f'''' ..-.'" ~ .. " ~l2 'j--~- "' ., -,-_."---,~,, "~'~- - <-,~, ~_~~ "_,'W'_" ~>,..-..' . ~ - - ~lll UJUT' () 0 Q ~ "'Tl </) .-l -VCC r"1 '" 'n rnni -V ;;'? Z:Tt -'1m ~;~ C"'-J ~~~ ~!~) r:: CJ ;::~ ?~~; ~ ?2:0 .c.. --0 CP. O,1t J>C -\ .". :z ...., ~ :< f'v .~",,~~~~Q!5M~.l1/tfJ;f!tltNWf,'~~~W.;;'!!f,1i~,jV~~IH;,j:r.li!!\!~~~~Piml!~"_'ffi!f~IT.~, I ' ' , -' -' ' ,-- ,<: ~,"- .