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HomeMy WebLinkAbout01-05544 KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ~~' "tiay of ~'0'J ~ ..~ ___, 2004 upon consideration of Plaintiff s Petition for Enforcement, it is hereby ORDERED and DECREED as follows: 1. Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; 3. Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; 4. Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and 34/100 ($663.34) for each of the months in which no payments were made on the vehicle. To date, this plus late fees, equals the sum of Four Thousand One Hundred Forty Dollars and 41/100 ($4,140.41); 5. Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars ($1,000.00) the actual costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the prepazation and presentation of this Petition; and 6. Any other relief this Court deems equitable. BY THE COURT: DATE: Jr.; ~~~ ~~ ~~ ~`, ' J ~ bE;,;v1,1~,vi~;, ;`r~ ;u EG :I# ~ 0~ '111' ;COl A~i~'iCt~t3l,i~d ?l~1i app 3~id~C)-~ll3 Va i~' ~ ' + ~ i ~d Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Pefitioner KATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :Docket No. 01-5544 MATTHEW A. IDZIK, :CIVIL ACTION -LAW Defendant (Respondent) IN DIVORCE PETTTION TO MAKE RULE ABSOLUTE 1. Petitioner is Kathleen M. Hogan. 2. Respondent is Matthew A. Idzik. 3. On or about June 16, 2004, Petitioner filed a Petition for Enforcement of the parties Marital Settlement Agreement. 4. On June 21, 2004, the Honorable 7. Wesley Oler, issued a Rule, returnable within twenty (20) days, to show cause why Petitioner should not be allowed to have the terms of the Martial Settlement Agreement enforced. 5. Said Rule was served on Respondent by Certified Mail No. 7002 2410 0006 7111 3560 dated June 25, 2004. A copy of the documentation indicating receipt of said Rule by Respondent is attached hereto and incorporated herein by reference as Exhibit "A." 6. No answer or other response has been formally filed in this matter. 7. No contact has been made at all to Petitioner or Petitioner's counsel byRespondent or any counsel representing him. I_ 9' .. . , . :: 8. To date, Petitioner has incurred costs in the amount of approximately $796.02 to review this matter, attempt collection, file this action. 9. To date, Petitioner has now paid six (6) months of the car payment, or a total to date of Four Thousand One Hundred Forty Dollars and 41/100 ($4,140.41). 10. Petitioner requests the Order attached hereto as Exhibit "B" be entered. WHEREFORE, Petitioner requests the Rule be made ab ut and the proposed Order be entered. ~ V DATE: 7u1~, 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court LD. 32317 2 ,, ,. EXHIBIT "A" LAW OFFICES BARBARA SUMPLE-SULLIVAN 540 BRIDaE -$TREET NEW CUMBERLAND.. PENN6YLVANIA 17070-1931 PHONE (717) 774-1445 FA% <7171 774-7059 June 23, 2004 CERTIFIED MAIL-RETURN RECEIPT REQUESTED CERTIFICATE NO. 7602.2410 61f06 71113560 AND VIA CERTIFICATE OF MAIL REGULAR FIIiST CLASS MAIL Mr. Matthew A. Idzik 303 S. Ridge Road Boiling Springs, PA 17007 Dear Mr. Idzik:. Enclosed constituting service on you is the Court Order dated June 21, 2004 which requires you to file a response pleading within twenty (20) days of the date of service of this Rule. Please consult your attorney on this matter. _ Barbara Sumple-Sullivan Bss~la Enclosure cc: Ms. Kathleen M. Hogan U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ~ V~ PROVIDEFORINSURANCE-POSTMASTER J 9 - 99m- _ __ Receivetl From: ~~ .,_ Z ' hv o s>"~. , Barbara Sumple-Sullivan, Esq 549 Badge Street ~ New Cumberland, PA 17070-19", m O~^ne[p\iece of ordi(n~a(ry~m~an aovrcfs~eed ~o: * °/~• ~~ I' W ~ ~ ~Z ~ o ~ 3 .i r1e Y I : i ~ \ • t JO ON. 10 1~ ~ c'7 ~ ~o ~"~;~G / _ [[ ~l ~ I h / n ~ O o Ja o A Y U J ~~~ % 9 PS Farm 3817, January 2001 .~ o , , •• m ~ ~~gg~ ~± Y 6itG~ PA.~a7~l7 ~ BO% ~ ~ . -- rl t`' ~ - - - Postage E a 7 _ ~ a" .- tF~j - '1' . O ~ cenined Fee _ _ v Ilfasim " JU14 ~ Retum flecfept Fee aj.~s (FSdorsemenl Require[ 1ora Q 23 ~ (Eatl~me~tRe9u,re~ sa.ixo 2004 ~~~ N es $ F a Total Postage& ~- ( ~ ~ ~ .__-.~- r~ .____ _ ~ ~Gpmplete items i, 7, and 3. Also complete _lbem 4rF ResMcted Delivery is desired. pr7nt your name and address on the reverse 33iat we can return the card to you. [tea'c'h this card to the back of the mailpiece, =or'ori the front if space permits. .. $dlde Adtlressed to: ~'Ir~. I'~'j~hew ~. ~z _ ~ 7C1 0. Signature X .r.,__ B. ed D. Is delivery address dtRererrt trc{n Rem If VFS, emer delivery adtlre5s, lovl~ `s. samcerroe ~ CeNfied Mail ^ Express Mall d Registered e Return Receipt for Merdtandtsa .- { 4. ResWCted Dellvem/1 (Extra Fee) [] Vas - -.. "_~s _._-_-- -----. -e. ...._..__-_-z~~z._-•-a `r~"w"ba` 7302 2410 ^306 7111 356 _ dcvAnm serv/ce lataa2 ~-~iF. ~gj1, August 2001 - 'Domestic Reium~Ftecelpt - - - - - - '-- - _ -"' - razsssm~M-tsao ~ _ _, __ - , -- - -,-- EXIIIBIT..A„ EXHIBIT "B" KATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :Docket No. 01-5544 MATTHEW A. IDZIK, :CIVIL ACTION -LAW Defendant (Respondent) : IN DIVORCE ORDER AND NOW, this day of , 2004 upon consideration of Plaintiff's Petition for Enforcement, it is hereby ORDERED and DECREED as follows: 1. Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; 2. If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; 3. Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and 34/100 ($663.34) for each of the months in which no payments were made on the vehicle. To date, this plus late fees, equals the sum of Four Thousand One Hundred Forty Dollars and 41/100 ($4,140.41); Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars ($1,000.00) the actual costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the preparation and presentation of this Petition; and 6. Any other relief this Court deems equitable. BY THE COURT: DATE: J. Wesley Oler, Jr., Judge Barbara Sumple-Sullivan, Esquire Supreme Court#32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Counsel for Petitioner KATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :Docket No. 01-5544 MATTHEW A. IDZIK, :CIVIL ACTION -LAW Defendant (Respondent) IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Mr. Matthew A. Idzik 303 S. Ridge Road Boiling Springs, PA 17007 DATE: July 2004 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. 32317 r.> ~i= T <... CT. 1' R1 -: P:J G ~ ~ ;1© ~' `f7 _ O G~) -=i <~ K _ - ~ !~ v ,~ IN THE COURT OF COMMON PLEAS N p• 01-5544 Civil Te~~ DECREE IN DIVORCE AND NOW, .......... fja~u:-~- .. ! ~'~. , ~St .?~.°.'.' it is ordered and decreed that ..... ,KATHLEEN H. IDZIK , , , , , , , , , , , , , , , , , plaintiff, MATTHEW A. IDZIK .,,,, defendant, and .................................... are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marriage Settlement Agreement, dated, September,5,,,,2002,,,, is incorporated and not merged..- --- - --- -- J. -- - Prothonotary ~-;::::~s •.. ~;.:~. ~ , :~..: ~ ..e:.;e a ::e•-=: ~ .. e•:.;:<, e:.: ~ .::.• i 0 i ;e; ;a; 0 i i ~.: ~~~,~:~~ THLEEN H. H)ZH{, Plaintiff, vs. A. H)ZIK, Defendant. TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. Ol - 5544 CIVIL TERM IN DIVORCE PREACIPE Kindly docket of record the attached Marriage Settlement Agreement dated September 5, 2002. Respectfully, /~ / COYNE & COY%~%JN~~JE, P.C. 7' /~ -'O Z By: si s6lh~ r-- Lisa Marie oyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Attorney for Plaintiff r,_~k,k ...., ~ .~~..: t '~4,3h#at4'vsiaei4s%:iJ~tia - 1@hvffi -'/.eu~.:4gaeetr2!ESat'3:s9Yt..+.eW.xisiv3;e46ta+^~MLess~~tat3sM$t~3 ~L:q:zy': .... ~,m_s ,.-~ .. -e ~ .. 1 .~...,,.._ ~"} l".3 '`"~ ~- iV -7 '/) -~. "SI L"C' i ~°f _ ~ ~! ~[ ` ,r ~: . LfJ.-e: G'~ - ~ ~.. C~ _ry -~ _~~ , ° iR ~ ~ ~ ~- ~ s ~v -< KATHLEEN H. IDZIK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.O1-5544 CIVIL TERM MATTHEW A. IDZII';, Defendant. ~ : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT ff,r. THIS AGREEMENT, made this J day of 2002, by and between KATHLEEN H. IDZIK, hereinafter referred to as "Wife", and MATTHEW A. IDZIK, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 18, 1999 in Apalachin, New York and separated on August 1, 2001; and WHEREAS, certain differences have arisen between the parties as a result of which they have sepazated and now live' separate and apart from one another, and aze desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the mamage relationship; and 1 WHEREAS, the parties hereto, after being properly advised to obtain respective legal counsel. Wife has retained the legal services of attorney, Lisa Marie Coyne, Esquire. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about August 1, 2001 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Further, Husband acknowledges that since the parties' sepazation he made withdrawals from the parties' joint PSECU Account and because of those withdrawals, the account has been overdrawn and chazges have attached to that account. Therefore, upon signing this Agreement, Husband shall make payment to Wife in the amount of One Hundred Dollazs ($100.00) in full satisfaction of the unauthorized withdrawals and the chazges associated thereto. 2 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about August 1, 2001 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING M.9RITAL DEBT: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations including prior to the signing of this Agreement, except as follows: Item• Person Assuming Responsibility 1. Allfirst Bank (Jeep Loan) Husband ($19,662.00 as of 9/2001) 2. AT&T Cel] Phone Bill (Acct. #ATT104-2335490) Husband ($219.95 as of 9/2001) 3. GMAC (Saturn Loan) Wife ($21,119.00 as of 9/2001) 4. Dauphin Deposit Acct.#5 860 1 320220042 1 1 Wife ($850.00 as of 9/2001) Parties shall take all reasonable steps to refinance the Allfust Bank and GMAC loans within or otherwise obtain the other party's unconditional release from said debt(s) within sixty (60) days of this agreement. Each party shall pay said debt until refinanced and shall defend, indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. In the event either party cannot obtain re-fmancing within sixty (60), they will continue their efforts until they obtain the other party's release from said debt. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of liroperty inasmuch as the parties hereto agree 3 that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY.• The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 ei. seg., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisifions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation,. depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the mamage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital- property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of 4 outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY.• The parties hereto mutually agree that they have effected a satisfactory division of the fmniture, household furnishings, appliances, and other household personal property between them. Upon separation Wife removed, with Husband's consent, furniture, household furnishings, appliances and other household persona] property as reflected in Exhibit "A" attached hereto which reflects what property Wife will retain. All other property not listed on Exhibit "A" shall be the property of Husband. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all intangible marital property as follows: Wi e: PSECUAccount Neither party shall make any claim to any such items of marital property, or of the sepazate personal property of either party, which aze now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal properly, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal 5 property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: The parties do not own any real estate. C. TAX LL4BILITY.• The parties believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the properly assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. MOTOR VEHICLES: Husband shall retain the 1999 Jeep Cherokee. Wife will sign- over title to Husband. Wife shall retain the 2001 Saturn L300. Husband will sign-over title to Saturn to Wife and Husband will return to Wife Key to 2001 Saturn L300. 9. HEALTH INSURANCE: Parties shall provide their own health insurance. Further, neither party shall be responsible for any health costs or medical expenses incurred by the other and each shall indemnify and hold harmless the other from any claim put forth in that regard. 6 10. PENSIONS: The parties agree to waive any claim which they may have to the other spouse's pension or retirement benefits, if any so exist. 11. ALIMONY: The parties expressly agree that the provisions of this Agreement providing for equitable distribution of marital property aze fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES: Husband shall pay to Wife Five Hundred Dollars ($500.00) towards Wife's attorney fees and costs within thirty (30) days of this Agreement. Otherwise, Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. 13. 1'NCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns through 2000. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and enfirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her sepazate income on the aforesaid joint returns. Further, Husband shall pay Wife Three Hundred Dollars ($300.00), which 7 represents one-half of the Tax Refund issued concerning their jointly filed 2000 federal income tax return and withheld by the IRS due to Husband's Default on his Veterans Administration Student Loan. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a fmal decree in divorce pursuant to said 23 Pa. C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, 8 temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party acknowledges 9 that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and fmal settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seg. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered detemilnation and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 10 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement aze null and void and of no effect. 24. DESCRIPTIVE HEADINGS: The descripfive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each pazagraph hereof shall be deemed to be a sepazate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administ<ators, successors, and assigns. 11 .~~ ~~ ~~ IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. - fiy V li SEAL Ka en H. Idzik, Wife Iatthew A. dzik, Husband 12 717730520;(1 n PEHSC- ~~` ~~ - ~. P. ~a ~\;~sK h=s~". 11;.~~ S' f x-o ~.r 1'~:~- PrrE 02 l,t. c~ dce~exs L~t~ d . r . C~,,.6 '"f~cr ~ d ,rL~~~d~ (""'~ C~Ifd„~ ~ tztx~l -~ ~ ` 3. L~~ ~~ j~. .r2, ~1e, : ror, ~ r l; "-i__~~ r~Y~F ~ Cc~ Scrh,C~f w4+)lt ~(~gG t ~ ~~ ~,~~ ~s ~, ~•:- ~z. ~ ~e+1S ~~$ ~--~ Mast L Sew ~ at~.c.~ ~,~,~, t'r1:~E:~. _ _ ' - e~~,~ "` n J moon C=n`. r~ S2~ . ~ c~a.a a:\va t~: erq.. - ~:_ Se} •~ Y'bCICGtn2~t C~,,:1dS Qto~lC,g e~s~a\ ca~Et Qom. cri:->:. S1~u5 ~Qj (hW~S C `~ ~dw~e- ~I "~ ~`''i'~'3 ' _ ~._ ,. ;~ m~.„gcxin3sr `~,_.=:.~a ns~ ut s~fixems 6~p!%#sda ~~ ,~ ~_ iJ -~i ~. :A J f?l Cam. '~ "'17 ~ -' ~ _- ? -" ., a t. ~ -_ { ~'i - i~ y,'S y~t~. J •• J ~ * -r k J - : I _ _ ~' i KATIILEEN H. IDZIK, Plaintiff, vs. MATTHEW A. IDZIK, Defendant. 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 01-5544 CIVIL TERM IN DIVORCE PRAECH'E TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: October 23, 2001 by Cumberland County Sheriff. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on September 5, 2002; by defendant on September 5, 2002. 4. Related claims pending: NONE 5. Date Plaintiff s and Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 6, 2002. COYNE & COYNE, P.C. Date: ~j-(r-OL By: ~ r ISA MARIE CO' ~ , ESQUIItE 3901 Market St. Camp Hill, PA 17011-4227 (717)737-0464 Pa. Supreme Ct. No. 53788 Attorney for Plaint; jf ~~~, ~. .$Y tia'*~"5':::~4;3%§~4~Eera~id5" ~ M:S~awsNFr.3~:tau~.o-,essu~s"x.~l~:~sc:s; ~ - -'~xwm~u C Q Y+.> " t ~ ° `~ c~ C: np,; ~ _ , ~ ~4 ! ~_ ~.. _: ~.,.~ ._x~_-r ~ i~ : i.. v --~ .K`- ~ .~ ,~,x ~• KATHLEEN H. IDZII{, Plaintiff, vs. MATTHEW A. IDZII{, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO.O~-SS-Y'f CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other 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, Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AATNULMENT 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty Avenue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. Dated: ~-25'-r61 c F By: /w... isa Marie Coyne Esquire 3901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Pa.. Supreme Ct. No. 53788 Attorney for Plaintiff 1 .a, KATHLEEN H. IDZIK, Plaintiff, vs. MATTHEW A. IDZIK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. (J~rS~4y CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, NDGES OF SAID COURT: NOW COMES the Plaintiff, Kathleen H. Idzik, by her attorney, Lisa Marie Coyne, Esquire and files this Complaint In Divorce and avers the following in support thereof: 1. Plaintiff, Kathleen H. Idzik, is an adult individual residing at 4517 Linden Avenue, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant, Matthew A. Idzik, is an adult individual residing at 166 W. South Street, Carlisle, Cumberland County, Pennsylvania. 3. The parties have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 18, 1999, at Apalachin, New York, and separated on or about August 1, 2001. 5. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 6. There are no children of the marriage. 2 ~, 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if both parties file affidavits consent to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code, as may be appropriate. COUNT I -EQUITABLE DISTRI$UTION 11. The prior paragraphs of this Complaint are incorporated by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, and debt during their marriage. 13. Plaintiff and Defendant have been unable to agree as to the equitable division of said properly and debt. 3 WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Dated: -! `- 2 .S- O 1 Respectfully submitted: COYNE & COYNE, P.C. SA MARIE CO ,Esquire 901 Market Street Camp Hill, PA 17011-4227 (717)737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff 4 VERIFICATION The facts set forth in the foregoing aze true and coned to the best of the unden~'s l~owledge, information and belief and are verified subject to the penalties for unswom falsification to authorities ands 18 Pa. C.S.A. §4904. Dated: `~ ~ 2 s -o I .. .. 3~"__=ees"+~r. u~u,tw~zruo- .a r=_=_ m.« i -_s~yr w e. nr .yew c ~..xi.a~Yax,i~wu4~y1~€1§~ ~_ ~ ~ ~1 ,~ ~• ~ `e~ ~ ` _~A. ~' ~ .~~ p C R 0 (~ S "F- ~~ J~ ~ r~ V ~~^ O y' ~j '7 -b Q e ~: ~~ _, ~_~ -~ ; ~ _. ~j ~ ~~ ~v __._~ ,,. ~ ; . ~. ~_ ~~ . - _ ~ G ~ 4 ..K ~i`7 A KATHLEEN H. H)ZH{, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.Ol-5544 CIVIL TERM MATTHEW A. IDZII{, Defendant. : IN DIVORCE AFFH)AVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on Mazch 5, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit aze true and correct. I understand that false statements herein aze made subject to the penalfies of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ ~`u~ / tiV EEN H. H)ZIK, Plaintiff . . f`L,i L.J 'vEZ: ;r, a r; . ^7 _ =° = ' ~-- ~ ; -, s:i> `.> -cam _ _ ° c a r„ :~; , , ry.,_., i _ ~~ , ~; t : ~--: c r.~ , ~;'-" :7 ca s rv ~S /~" ~'' KATHLEEN H. IDZIK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.Ol-5544 CIVIL TERM MATTHEW A. IDZH{, Defendant. : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 5, 2002. 2. 'T'he marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: Z~ ~ ~' ~ ~ O Z -~'~~~ ~' '(d '~~-F-9 ~ ~ +~ MATTHEW A. IDZIIf, Defendant ~ ~'3 t"~ f ~`, - C~ J t71:+~ mr,. i~`i ~~ -r ;,-n z -a - d ~: - . `~ S ' i.a ~ - C J ~ C M1J .. ~- -- ~ .. ~ (,? 3 -C L~ ~~ ~> KATHLEEN H. IDZIK, Plaintiff, vs. MATTHEW A. IDZIK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5544 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cI OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ 0 ~ {'ZJ ~/i EEN H. IDZH{, Plaintiff .~~ ~ ~ c~ u ~~ Kw F`~} Ti T+t~7 rr; me;, ~- ..~ - - ~. r..f t ._ ~_" T ~, Q.~ i,5 ~3 _ ti _ `= o ~'' to ~~ ~~~ v KATHLEEN H. IDZIK, Plaintiff, vs. MATTHEW A. IDZII{, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.Ol-5544 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(el OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ SP,~-{- 2.~ Z AZA.~~1~G~~~~ e.--r--r ~ ~~ ~ >; THEW A!IDZ1K, Defendant Iu~a+ev:irans,nwxx~,.a, :ea. snra,z: ~-~S~romCrX~gs' &i'~did~~ C i:i ~ ~. ' ~ r7 U (fir ,..~ ~. ~ { ~_-_t ~- C C~~r _` t t7~ ~T; : ~ J C:; ~; . - < - ~~ ,~dc%' G~ KATHLEEN H. IDZIK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.Ol-5544 CIVIL TERM MATTHEW A. IDZIK, Defendant. : IN DIVORCE WAIVER OF NOTICE OF COUNSELING I, KATTHLEEN H. IDZIK, Plaintiff, being duly sworn according to law, deposes and says: 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 Prothonotary's Office, which list is available to me upon request. 3. 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unsworn falsification to authorities. c Dated:~,~ ~ l~ ~ ~% 4(iT~,~ HLEEN~. IDZIK, Plaintiff .~ _ -~AdY'~vau skm'3;aaaroagaaelrr r,.xeum,v4.=.~C.a_'° -li.ff mxm§&La4fahk8h~n'<4 - ifltiul ~ CV ~ ~ ~~ L~ C f _rr`r` ,; : >: F ~~ ~~ ~~i G ~. KATHLEEN H. IDZIK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO.Ol-5544 CIVII, TERM MATTHEW A. IDZIK, Defendant. : IN DIVORCE WAIVER OF NOTICE OF COUNSELING I, MATTHEW A. IDZIK, Defendant, being duly sworn according to law, deposes and says: 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 Prothonotary's Office, which list is available to me upon request. 3. 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 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No. 4904 relating to unswom falsification to authorities. Dated: a S ~' ~~ o Z / ~~ +F-r"-T 1 Ozi MATTHE .IDZIK, Defendant Q t:1 L N -rt 'U t:.' } . i ~i - ,: - -: ~ T ~ ~ _ ' U? G". ;v _! i S ~ iY.i .~ ~ ~ . ~ ~ - C,J - C ~j ryas __ .. _ .; SHE~2IFF'S RETURN - REGULAR CASE NO: 2001-05544 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IDZIK KATHLEEN H VS IK MATTHEW A SHANNON SUNDAY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon IDZIK MATTHEW A the DEFENDANT at 2127:00 HOURS, on the 2nd day of October 2001 at 166 W SOUTH STREET CARLISLE, PA .17013 by handing to MATTHEW IDZIK a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this /L ~ day of C9 c~~~.w oLbo/ A . D . 1 i r thonotary ' So Answers: ~'S''-~~ /,v R. Thomas Kline 7 10/03/2001 COYNE & COYNE By . ~1 Ltin.c~.C~ Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW KATHLEEN H. IDZIK, Plaintiff v. MATTHEW A. IDZII{, Defendant NO.O1-5544 Civil Term IN DIVORCE NOTICE TO RESIJME PRIOR SURNAME Notice is hereby.given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 23rd day of September, 2002, hereby elects to resume the prior surname of Kathleen M. Hogan; and gives this written notice pursuant to the provisions of 54 P.S. Secfion 704. Date: 1l~ ~ ~ ~u~ COMMONWEALTH OF PENNSYLVANIA COUN'T'Y OF CUMBERLAND N!'f/C~'~GCJ!/VC/ Gam' at(/~' li K een H. Idzik (Sign cunent signature) ~~~~~'~ ra~rt~ Ka tleen M. Hogan (Sign new sign e) ss: On the ~ 9~ day of ~ ~ ~ ~.-~ , 2002, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. SEAL u^- ary Public _ LI9AMN~ PI~1C Jua7~~D04 IJ ~~ C oN~ V V L ~ -± ~,~: ~ ,-, ~: ~_ -~ ~~ = t ~ ~... _ _ .a I~~ . ~~ '~~j rq / '..'ij 43} -t ~~ * i KATHLEEN M. HOGAN, Plaintiff (Petitioner) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW A. IDZIK, Defendant (Respondent) Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE RULE AND NOW, this day of ~,~h,r_ , 2004 on consideration of Plaintiff s Petition for Enforcement, a RULE is issued on Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within?, ~3 days from~xhe date of service hereof. BY THE COURT: T F .~ ~~ ~~ ,1r ~ I ~. Jl~fl 1 `~~ ~ ~ ~'~_ ., ~2s I~ t~i'~~ n~n ,n ~~ , ~h ~N KATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :Docket No. 01-5544 MATTHEW A. IDZIK, :CIVIL ACTION -LAW Defendant (Respondent) IN DIVORCE ORDER AND NOW, this day of 2004 upon consideration of Plaintiff s Petition for Enforcement, it is hereby ORDERED and DECREED as follows: 1. Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; 4. Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollazs and 34/100 ($663.34) for each of the months in which no payments were made on the vehicle. To date, this equals the sum of Two Thousand Six Hundred Sixty Dollazs ($2,660.00) and is continuing; Respondent shall pay to Petitioner the actual costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the prepazation and presentation of this Petition and attendance at hearing; and 6. Any other relief this Court deems equitable. DATE: 9 T Barbara Sumple-Sullivan, t;squue Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Counsel for Petitioner KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE 1. Petitioner is Kathleen M. Hogan, an adult individual residing at 4904 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Matthew A. Idzik, an adult individual residing at 303 S. Ridge Road, Boiling Springs, Cumberland County, Pennsylvania 17050. 3. On September 5, 2002, Petitioner and Respondent entered into an Agreement which, by its terms, resolved all issues surrounding the parties' divorce issues. This Agreement was incorporated and merged into the Decree in Divorce entered on September 13, 2002. A copy of said Agreement and Decree is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Paragraph 8 (page 6) of the Agreement addressed-the disposition ofMotor Vehicles. It provides, inter alias Husband shall retain the 1999 Jeep Cherokee. Wife will sign over title to Husband. r ~ 5. Paragraph 5 (page3) of the Agreement addresses the issue of Outstanding Marital Debt. This paragraph provides, inter alias Item• Person Assumine Responsibility 1. Allfirst Bank (Jeep Loan) Husband ($19,662.00 as of 9/2001) 6. The Allfirst Bank loan requires Respondent to make payments of SIX HUNDRED SIXTY-THREE DOLLARS and 34!100 ($663.34) per month for the Jeep until paid in full. 7. Respondent has ceased making payments on the Allfirst Bank loan as of February, 2004. Petitioner has paid these outstanding payments in order to preserve her credit rating and to avoid judgment against her. Therefore, Petitioner has suffered a significant financial loss totaling TWO THOUSAND SIX HUNDRED SIXTY DOLLARS ($2,660.000), including late fees as ofJune 4, 2004. 8. Attempts have been made to contact Respondent demanding payments and to determine why his payments have ceased as of February, 2004, but these have been to no avail. 9. Petitioner requests this Honorable Court order Respondent to pay within thirty (30) days of the Order, the total amount remaining due on the vehicle in full to Allfirst Bank. 10. Alternately, if Respondent does not pay the vehicles encumbrance in full to Allfirst Bank within thirty (30) days of the Order, Petitioner requests that This Honorable Court order 2 Respondent to immediately produce the Jeep and tender same to Allfirst Bank for repossession. 11. Respondent shall be solely liable for any deficiency judgment for non-payment and order that Petitioner shall be indemnified from any such Judgment. 12. Respondent shall reimburse Petitioner SIX HUNDRED SIXTY-THREE DOLLARS and 34/100 ($663.34) for each month she has paid towards the Jeep's Allfirst Bank loan until that debt is satisfied in full. 13. Paragraph 16 (page 9) of the Agreement provides, inter alias ... If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 14. Respondent breached the Mazital Settlement Agreement by not making the required payments on the vehicle loan. 15. Petitioner has been required to hire and pay for counsel and incurred costs incident to said Agreement. 16. Award of counsel fees and costs will be in accordance with the parties' Agreement, as well as to Section 3105(a) and 3502(e) of the Divorce Code of 1980. WHEREFORE, Petitioner requests this Honorable Court to enter an Order as follows: 1. Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; 2. If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; 3. Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; 4. Respondent shall reimburse Petitioner Six Hundred Sixty-three Dollars and 34/100 ($663.34) for each of the months in which no payments were made on the vehicle. To date, this equals the sum of Two Thousand Six Hundred Sixty Dollars ($2,660.00) and is continuing; Respondent shall pay to Petitioner the actual costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the preparation and presentation of this Petition and attendance at hearing; and 6. Any other relief this Court deems equitable. Dated: Junel~ 2004 Barbara Sumple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. No. 32317 4 Exhibit A KATHLEEN H. IDZII~ : IN THE COURT OF COlIl1iON PLEAS Plaintiff, : OF CUMBERLAND COiJivfiY, PA vs. : NO. Ol - 5544 CIVIL TE&3i MATTHEW A. IDZIK, _ t-; _~ ~_ - Defendant, : IN DIVORCE -' ~- - =- -- : ., 1 PIYEACIPE - ~ - ~ = ~~.= ti _ TO THE PROTHONOTARY: y ~ ~ ~ -~ Kindly docket of record the attached Mamage Settlement Agreement dated September 5, 2002. Respectfully, COYNE & COX~'E. P.C. >ated: ~ ~-o Z By: i ~~.-~ ~- Lisa Marie oyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hz71, PA 170 1 1-4227 (717) 737-0464 Attorneyfor Plaintiff X' KATHLEEN 1K. IDZII{, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLV_4NIA vs. : NO.Ol-5544 CIVII, TERM MATTHEW A. IDZH{., Defendant. : IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Fare. THIS AGREEMENT, made this 5 ~ day of , 2002, by and between KATHLEEN H. IDZ1K, hereinafter referred to as "Wife", and MATTHEW A. IDZ[K, hereinafter referred to as "Husband". WI'fNESSETH: WHEREAS, Husband and Wife were lawfully married on September 18, 1999 in Apalachin, New York and separated on August 1, 2001; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live 'separate and apart from one another, and aze desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relzting. to the past, present and future support- and/or maintenance. of Wife by Husband or of Husband by Wife;. and m general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and 1 WHEREAS, the parties hereto, after being properly advised to obtain respective legal counsel. Wife has retained the legal services of attorney, Lisa Marie Coyne, Esquire. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept; the parties heretofore, intending to be ]egally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follo-Yrs: 1. SEPARATION: It shall be lawful for each party at all times hereafter to live sepazate and apart from the other at such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each parry shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in anyway interfere with the peaceful existence, sepazate and apart from the other in all respects as if he or she were single and unmarried.- 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation on or about August I, 2001 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate mignt be responsfoie and snail indemnify, defend and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. Further, Husband acknowledges that since the parties' separation he made withdrawals from the parties' joint PSECU Accoutit and because of those withdrawals, the account has been overdrawn and charges have attached to that account. Therefore, upon signing this Agreement, Husband shall make payment to Wife in -the amount of One Hundred Dollars ($IOO.OOj in full safisfaction of the unauthorized withdrawals and the chazges associated thereto. 2 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about August 1, 2001 he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBT: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations including prior to the signing of this Agreement, except as follows: Item: Person Assuming Responsibility 1. Allfirst Bank (Jeep Loan) Husband ($19,662.00 as of 9/2001) 2. AT&T Cell Phone Sill (Acct. #ATT104-2335490) Husband ($219.95 as of 9/2001) 3. GMAC (Saturn Loan) Wife ($21,119.00 as of 9/2001) 4. Dauphin Deposit Acct.#5 860 1 320220042 1 1 Wife ($850.00 as of 9/2041) Parties shall take all reasonable steps to refmance the Allfirst Bank and GMAC loans within or otherwise obtain the other party's unconditional-release fom said dent(s) within si ;~ C60) days of this agreement: Each- party+ shall- pay said` debt until refinanced and' shall defend; indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. Tn the event either party cannot obtain re-financing within sixty (60), they will continue their efforts until they obtain the other party's release from said debt. - -_-__._ -6.- -- : u sect to a pro~nsrons of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree 3 that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands wha*soever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of acfion for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa. C.S.A. Section 33D2. 7. EOUTIABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the Iength of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each parry in the acquisirion, preservation, -depreciatirnr or-appreciation of the marital' pfopei=ty; including tiie" coritnbuhoii of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of 4 outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISZRIBUT70N OF PERSONAL PROPERTY• The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them. Upon separation Wife removed, with Husband's consent, furniture, household furnishings, appliances and other household personal property as reflected in Exhibit "A" attached hereto which reflects what property Wife will retain. All other property not listed on Exhibit "A" shall be the property of Husband. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all intangible marital property as follows: Wi e: PSECUAccount Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or ender t'te conh~ol ofthe ether. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession pr control of the party at the time of the signing of this Agreement and, in the case of intangible personal 5 property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similaz wrifing is in the possession or control of the party, From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her sepazate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell,. grant, convey, or oth.°rwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: The parties do not own any real estate. C. TAX LIABILITY.• The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxab]e division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistenfwith the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. 14iOTOR ['EFIICLES': Husban2l shall regain the 1°O9 Jeen Cherokee. Wife w;t1 sien- over -title to Husband: Wife shallretainthe 300-1 Saturn L300: Idusband will sig`i-0vei fi~1e fo Sa~isu fo Wife and Husband will return to Wife Key to 2001 Satum L300. 9. HEALTH INSURAllrCE: Parties shall provide then own health insuance. Further, neither party shall be responsible for any health costs or medical expenses incurred by the other and each 6 10. PENSIONS: The parties agree to waive any claim which they may have to the other spouse's pension or retirement bene5ts, if any so exist. 11. ALIMONY.• The parties expressly agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and fmal settlement and safisfaetion of any claims or descends that either may now or hereafter have against the other for maintenance or alimony. Husband and.T45fe further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 12. ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPEr~TES: Husband shall pay to Wife Five Hundred Dollazs (5500.00) towazds Wife's attorney fees and costs Rithin thirty (30) days of this Agreement. Otherwise, Husband and Wife further, voluntarily and knowiIIgly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses. 13. INCOME TAX RETURNS: The parties have heretofore filed joint federal aced state tax returns through 2000. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such +xx is lade against eit:~~er of them, each w~ indemnify - '-_ - - `and hold harmless the -other froEri an`d"" anaam`sf any loss or Tia~ilsty for any such fax deficiency or assessment and any interest, penalty and expense incurred in comaection therewith. Soh tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income pay Wife Three Hundred Dollars (5300.00), which 7 represents one-half of the Tax Refund issued concerning their jointly filed 2000 federal income tax return and withheld by the IRS due to Husband's Default on his Veterans Administration Student Loan. 14. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to shaze in the property or the estate of the other as a result of the marital relationship; including without limitation, dower, cnnrtsey, statutory allowance, widow's allowance, right and take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acla7owledge and deliver any and- all instruments which may be necessary or advisable to carry into effect his mutual waiver and relinquishment of all such interests, rights and claims. 15. liIUTUAZ CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire mazital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be I --- - ---necessary to-promptly proeeed to obtain-a-final deereein divorce ptasaanf to said 23 Pa. C:S:A: Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the garties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, 8 temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENFORCEMENT: If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney f es and court costs incurred by the other in enforcing his or her rights under this Agreement. 17. ADDTTIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that maybe reasonably required to give full force and effect to the provisions of this Agreement. 18. TAJCADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attomey with reference to the, tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an _ accountant,.aedified public accoumtan#-tax attorney; ortax advisor with reference fo the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particulaz pazagraph and have had the opportunity to seek independent tax advice. 19. VOIUI!'TARYErYECfITION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party acknowledges 9 that the Agreement is fair and equitable, that it is heing entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all informafion relating to the financial affairs of the . other which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warran$es, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfacfion of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered deterarination and distribution of marital property, but nothing herein contained shall constitute.a waiver by either party of any rights to seek the relief of arry court for the purpose.of enforcing the provisions of--this Agreement. 21. DISCLOSURE: Husband and Wife each represent and- warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such parry or every type whatsoever and-efall ether#aets:rlatirrgtc~~ suL')'ez:t~ per o~this Agreement. 10 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict perfom~ance of any of the provisions of this Ageement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: dt is understood and agreed that zny and all property settlement agreements which may or have been executed prior to the date and time of this Agreement aze null and void and of no effect. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each pazagraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27: VOID CLAUSES: If any term; condition, clause or provision of this Agreement shall be determined or declated to be-void or invalid in law ®r otherwise; fherii only that-term, condition; clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective Hens, executors, administrators, successors, and assigns. 11 IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and seals the day and year first above written. „ ~II.C) i (SEALI thleen/H//I/mod//zjik, ~fpe~~( at~e~v A:~dztF~r~usband *°k t2 ~. r, ~a ~i.~~K. ~~-) ~~di~ tail ~~ h°;~', tom:., n~`pz.Y,e k~isU,Pt ~~ 1.~,~ s ~ _~ ~~ ~j ~:,::T- Vic,'='i5 Sc~54 r 1 s..as~ g1rl: •> 4 r _ Cj ra;;=rS rnc~-s C-`n r~ " C A' °~ ~~.( w: c~ ~ta~S '~: _ _ _ _ `~} ~~ Y~`~icvc„z-~~ c~,:tas ~iaks m. ;:. S~bs~s ~cyws~ 1, c _ ~ ~~5e.r5 L~) a.~. ~,~ - - ~ve~. b~L a ~~ rte ~ ~~rdti;,~ ,~sd. . ~n~;~ ~ ~,~ ~, ne ,~L~~~~~ ~n'kS ~~lfd ~. ~ ~Y' fL2st+1 Cis 1~~ ~ ~, ~ M t-,- -s. ~.t c~,K~~ ~ ~~ ~~~~ _ u~ 4 ~ ~, -. - . - S2k e~ hew 5:~.,o u: ~, Li~~C~ss~S~ -i4?~ aalso. -. ems-~a\ wc: ~. c~ z ~ 1 ;d '. ~. Ill T[~I COURT OF COMOI`I F'LEA~ 01-5544 Civil Te t) ......................... .................. ~~ DECREE 11V DtlOCE AND NQW, Sept:ember.13 ............... . ~?Q02 .. , it is ordered and decreed that ......x~~~~.E>~N.x....~~Z?K ........................ plaintiff, and ...............MATTHEW, A, , IDZIK. , ................... , , , defendant, are divorced fracas the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; The Marriage Settlement Agreement, dated September 5, 2002, is incorporated and not merged. .....r..tJa.. ............................................................... r i i s ,a, a i Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner KATHLEEN M.HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUBERLAND COUNTY, PENNSYLVANIA Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Kathleen M. Hogan, hereby certify that the facts set forth in the foregoing PETITION FOR ENFORCEMENT 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: \ C7 2004 HLEEN M. HO ' Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Counsel for Plaintiff KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the PETITION FOR ENFORCEMENT, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Mr. Matthew A. Idzik 303 S. Ridge Road Boiling Springs, PA 17050 DATE: June~~ , 2004 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. 32317 Attorney for Petitioner c~ ~ C-= ~ cti -n .~ _ ; ~-~'- cv -~ r -~, ~, C7'~ 'i ~ ~x7 Cj ~... .. ~ dk+ ~:. ~~.' _~_ z -~} r C ~ _ 4b ~~; n - :_Fi o _~~ vs. :CIVIL ACTION LAW MATTHEW A. IDZIK, N0. 01-5544 Defendant IN DIVORCE 11 OR1DER AND NOW, this l 1 day of ~, Cpl , , 2004, a heazing is scheduled for the/ay of ~D~ey 2004, at /.',3d ~. M., on the attached Petition for Contempt filed by Petitioner. FOR THE COURT, ~ ~~~o~ ~q.i5. ,cry ~ t `,~ ~1~i 1~~ ` ^i, h(; iJ ~j ~ n~ _ ?Hi ~G -~~11..,..1. KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-5544 IN DIVORCE ORDER AND NOW, this day of , 2004, upon consideration of Plaintiff's Petition for Contempt, it is further ORDERED and DECREED as follows: 1. Respondent is hereby adjudicated to be in contempt of court for noncompliance of the Order of this Court dated July 29, 2004: A) Judgment is hereby entered in favor of Petitioner for: 1) For monies due Petitioner as reimbursement for monthly payments she made on the Jeep to date of $ 2) For her counsel fees incurred to date of $ ; 3) For repossession of the Jeep and judgment for all sums necessary to fully satisfy the outstanding balance due and owing on the Jeep. B) Respondent is fined the sum of $ and shall be incazcerated for a period of months. BY THE COURT: J. Wesley Oler, Jr., Judge KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant (Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 01-5544 IN DIVORCE PETITION FOR CONTEMPT Petitioner is Kathleen M. Hogan, an individual residing at 4904 Shasta Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. Respondent is Matthew A. Idzik, an individual residing at 303 S. Ridge Road, Boiling Springs, Cumberland County, Pennsylvania 17050. On September 5, 2002, Petitioner and Respondent entered into an Agreement which, by its terms, resolved all issues surrounding the parties' divorce issues. This Agreement was incorporated and merged into the Decree in Divorce entered on September 13, 2002. 4. Respondent had failed to comply with the terms of the parties' Agreement by not making payments on the parties' Jeep Cherokee Allfirst loan, as referenced in pazagraph 8, page 6 and paragraph 5, page 3 of the Agreement. 5. After numerous attempts to contact Respondent regazding the missed payments, ... ... ... .. _ .: r <_ r Petitioner filed a Petition for Enforcement of the Agreement on June 16, 2004. 6. On June 21, 2004, Judge Oler issued a Rule Returnable within twenty (20) days to show cause why Petitioner should not be allowed to have the terms of the parties' Agreement enforced. A copy of the Rule is attached hereto as Exhibit "A" and is incorporated herein by reference. On June 23, 2004 the Rule was served on Respondent via Certified Mail, Certificate No. 7002 2410 0006 7111 3560, and Certificate of Mailing, Regulaz First Class Mail. A copy of the documentation indicating receipt of said Rule by Respondent is attached hereto as Exhibit "B" and incorporated herein by reference. 8. No answer or other response was formally filed in accordance with the Rule by Respondent or any counsel for Respondent. 9. On July 26, 2004, Petitioner filed a Petition to Make Judge Oler's June 21, 2004 Rule Absolute. 10. An Order granting Petitioner's relief requested was entered on July 29, 2004 by Judge Oler. A copy of said Order is attached hereto as Exhibit "C" and incorporated herein by reference. 11. On August 2, 2004, the Order was sent to Respondent via Certified Mail, Certificate No. 7002 2410 0006 7111 3607, and Certificate of Mailing, Regulaz First Class Mail. The Certified Mail envelope was returned, unclaimed. Copies of the letter and certificates of mailing indicating service of said Order by Petitioner by regular mail are attached hereto and incorporated herein by reference as Exhibit "D." 12. Pursuant to said Order, Respondent was to pay the Jeep Cherokee Allfirst loan in full within thirty (30) days of the Order, reimburse Petitioner for payments made to date and pay counsel fees. If the payments on the Jeep did not occur, Respondent was to return the Jeep and pay any deficiency judgment. 13. Respondent had not satisfied the Jeep Cherokee Allfirst loan in full by August 28, 2004, returned the Jeep or taken any other action to comply with the Order of July 29, 2004. 14. Petitioner requests that Respondent be held in contempt of the Order of Court dated July 29, 2004. 15. Petitioner requests a hearing be scheduled: a) To enforce the Order of July 29, 2004 against Respondent; b) To enter judgment against Respondent for: 1) For monies due Petitioner as reimbursement for monthly payments 3 she made on the Jeep to date; 2) For her counsel fees incurred to date; and 3) For repossession of the Jeep and/or judgment for all sums necessary to fully satisfy the outstanding balance due and owing on the Jeep. c) To hold Respondent in contempt and to fine and/or otherwise incazcerate Respondent for said contempt. WHEREFORE, Petitioner requests that Respondent be held in contempt of court and requests an Order be entered granting the relief requested as set forth in the proposed order. Respectfully submitted, DATE: Septembe~ 2004 $azbaza Sumple-Sullivan, Esquire 349 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 4 EXHIBIT "A" JUN 1 ~ 2004 KATHLEEN M. HOGAN, Plaintiff (Petitioner) v. MATTHEW A. IDZIK, Defendant {Respondent) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No: 01-5544 CIVIL ACTION -LAW IlV DIVORCE RULE AND NOW, this a/„~ day of , ,,~,, , 2004 on consideration of Plaintiff s Petition for Enforcement, a RULE is issued on Defendant to show cause, if any, why the Court should not grant the relief requested. The Rule is returnable within ~ days from the date of service hereof. BY THE COURT: h~l Q, drr~ ~~, IT °~T J. ~~sd the ati sad ~ C~i~i~, p-a, EXIIIBIT "B" LAW OFFICES BARBARA SUMPLE-SULLIVAN 640 BaIDaESTREET NEW CUMBERLAND, PENNSYLVANIA 1 70 70-19 81 PaDNE (7171 774-1445 FA%(717) 774-7059 June 23, 2004 CERTIFIED MAIL-RETURN RECEIPT REQUESTED CERTIFICATE NO. 70022410 6066 7111 3560 AND VIA CERTIFICATE OF MAIL REGULAR FII2ST CLASS MAIL Mr. Matthew A. Idzik 303 S. Ridge Road Boiling Springs, PA 17007 Dear Mr. Idzik: Enclosed constituting service on you is the Court Order dated June 21, 2004 which requires you to file a response pleading within twenty (20) days of the date of service of this Rule. Please consult your attorney on this matter. _ Barbara Sumple-Sullivan Bssna Enclosure cc: Ms. Kathleen M. Hogan .~ Q ~ ~• m a yy ~? BOG~G9 P74,t?~ ~ ~ ~ ~ r-9 --- _ _ - _ t` Poamga s 5 3 _ - eR( ~ ceranear-ae S?.3~ ~ '~y O Q _ _ - I(R3stm ' O Aetum Reciept.Fea 4t,75 (FSdorsemard Requred) Q ere O 20 - ~ Q r-l AasMcted Delivery Fee ~(f, (fQ (Endarsemerrt Required) ~rJtA(~ ff b _ LUQ4 p~ - S I1J NN Total Poslaga S Fees W ~¢ ° §` nip, ~ `^ - ~ ent o m..,--,-~--_et+~y--- ~z~ - 1 Y- y-~" - - - complete items i, 2, and 3. Also complete A Signature ffem 4 if Restricted Delivery is desired. "'"~~°' ~ Agem X ~ r' print your name and address on the reverse +.4] [asses .\ ffiet We Can Igium ihB Card to }roL. F\ttach this card to the back oT the mailpiece, B. ?~1C91 d 6y (Printed Ne e}~.; _ r (very 1 6>roiithe front'rf space permits ~ ' ~ . - _ _ _ _ <,~,, CIY . _ _-__.-__._.___ - O. Ga delirery etldress dttferent ttem iI ~ t ' l431cie Addressed to: R ,,....,, - etldrass IOVJ~Q KYES enter tlelive be 4c r ~ _ .. __ ?'t~. n'j~fhew w. adz:- , ry , ` y . ~ ~-~<.~ ~3 $. ~., c1~. ~ n _ n _//~] ~ ~ I ~ -(- ~ {`/J /TTT /"T " 3. Service Type H CerttRetl Mai( ^ F~cpress Mail V " C il ^ Registered d Return Receipt for Merchandise _ _ 1 ''7 /-t n~ ^ insured Mao ^ CA.D. - __._. /tfU __ _ _-. - 4. Restricted Delivey!(Extra Fee) FO Yes _ _ _ _ .....- . _ _._~,._._~~_.e..- ~_.r.~....W.. maids Number 7pp2 Ztf1^ X006 7111 356 ~7ie~a}ar/rom aervlce_ label) ~ '. K .. ~3~j7, August 2001_ _ _ - ~DOmestic Return lieceipt ~ ` - ~ ~ -" ~ "'' - mzsa5-oz-ht-tsao i _- _ _ -. - U.S. POSTAL SERVICE CERTIFICATE OF MAILING - MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT v 'i o PROVIDE FORINSURANCE-POSTMASTER / 'i nw 0 Received Fmm: '~ Z ~ c ' M Bazbaza Sumple-Sullivan, Esq 549 Bridge Street New Cumberl - - and, PA 17070 19.i ~; One piece/''of oMi(n`a(ry\m~an aaorejsseo ~o: ~/{ `~ It(. ~.c ~ r_'~, _, 1 I ° Y/lJ~n"~, v 1 t ~ C.J ' \ - J~O~//~~ ON.J031~_N ~/ 1~ Nv.LI ~WCim~N -. // ~ ~ i O o D -1 '. lUn1' -n S °~ ~ o cDi • m / ?t~e~ . D PS Form 3817, January 2001 ~IUN 1 ~ 209. KATHLEEN M. HOGAN, Plaintiff (Petitioner) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW A. IDZIK, Defendant (Respondent) Docket No: 01-5544 CIVIL ACTION -LAW I1V DIVORCE RULE AND NOW, this a/,g,t- day of ~ ,,;, . , 2004 on consideration of Plaintiff's Petition for Enforcement, a RULE is issued on Defendant to show. cause, if any, why the Court should not-grant the relief requested. The Rule is returnable within ~a days from the date of service hereof. BY THE COURT: J. ~ ~ ~~' ~ In 7`ls,y ~ , t ~ ~ ? I~?aQ std 3d ~~ Igo ~, EXHIBIT "C" JUL 2? Z~'~~ ~ I{ATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. MATTHEW A. IDZIK, Defendant (Respondent) Docket No. 01-5544 CIVIL ACTION -LAW IN DIVORCE ORDER AND 1VOW, this day of ,,~_, 200"4 upon consideration ofPlaint~'s Petition for Enforcement, it is hereby ORDERED and DECREED as follows: Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the, Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; 3. Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; 4. Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and 34/100 ($663.34)-for each of the months in which no payments were made on the vehicle. To date, this plus late fees, equals the sum of Four Thousand One Hundred Forty Dollazs and 411100 ($4,140.41); 5. Respondern shall pay to Petitioner's counsel the sum of One Thousand Dollazs ($1,ODOAO) the ac-foal costs for attorney fees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the preparation and presentation of this Petition; and 6. Any other relief this Court deems equitable. BY .COURT: J. W`p~ley Olen, Jr.; T -e C`~ li'1` %1 EXHIBIT "D" LAW OFFICE6 BARBARA SUMYLE-SULLIVAN 549 BRIDGE 6TREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 PHONE (717) 774-1445 FAx (7171 774-7959 August 2, 2004 CERTIFIED MAIL-RETURN RECEIPT REQUESTED CERTIFICATE NO. 7002 2410.0006 7111 3607 AND VIA CERTIFICATE OF MAIL REGULAR FIltST CLASS MAIL Mr. Matthew A Idzik 303 S. Ridge Road Boiling Springs, PA 17007 Dear Mr, Idzak: I am serving herewith upon you the Order entered by Judge Oler on July 24, 2004. You must attend to the terms of the Order or you will be held in contempt of court. Please provide the undersigned with evidence of your compliance with this Order. I will wait your timely reply and action. BSS/ld Enclosure cc: Ms. Kathleen M. Hogan Uax ua~a oulu~uc-Dula vau JUL 2? 2~cc f KATHLEEN M. HOGAN, IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :Docket No. 01-5544 MATTHEW A. IDZIK, :CIVIL ACTION -LAW Defendant (Respondent) IN DIVORCE ORDER i AND NOW, this ~ day of ,~_, 20U4 upon consideration ofPTaint~'s Petition for Enforcement, it is hereby ORDERED and DECREED as follows: Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank within thirty (30) days of the Order; 2. If Respondent does not pay the loan in full within the thirty (30) days, he shall be obligated to immediately produce the Jeep Cherokee and tender same to the lien holder, Allfirst Bank, for repossession; Respondent shall be solely liable for any Deficiency Judgment incurred in the repossession process; Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and 34/100 ($663.34) for each of the months in which no payments were made on the vehicle. To date, this plus late fees, equals the sum of Four Thousand One Hundred Forty Do11azs and 41/100 ($4,140.41); Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars ($1,000.OU) the actual costs for attorney tees and costs she incurred arising from enforcement of the parties' Agreement. This includes, but is not limited to, the attorney fees and costs incurred for the preparation and presentation of this Petition; and Any other relief this Court deems equitable. DATE: €n 3t?r113' E 9@6f~~~,'§~9~M l~t~ °_M--' ! I~th _tss~r~ BY T COURT: d~ ,~~ J. W(~ley Oler, Jr., J e TE OF N6 NAIL, DOES Receivetl From: _ - C / ' Bazbaza Sumple-Sullivan,` q_ M 549 Bridge Street .~, New Cumberland, PA 170 ° One('pyi~e~ce of ordinary mai resse o: y/~ \ ~,+t, ., o a s u ZNOT.--p ~ 5, Z: ~~~o too ~ 0 tiaai y t C'-~ v PS Form 3877, January 2007 n_ e - 9 M1 G -IC- .d m •., _ ~_ M1 ,4 ..D Postage $ i O 10 CertiBetl Fee ~~ ~ (Entl Rrs~e rn Reciept Fee ment Re i ~ qu retl) Reseictetl Delivery Fee (Endorsement Re uir d f ~., q e ) f1J Total Pa stage & Fees ~' ~ ~O ,0 M1 I _-. ~.. L `~~ _9\ 3i.,''S Po$' ao 3 Herd!_,1\\ a 'v1P° ~ r,0 x~. ~!) 7i t4~ w ~ c 0 R N ¢ ~ o N Qtr F- V o d~~i~N~~'f "'NI ¢wr~oo ~'i ~ ~ ~ tJ ¢ , ~ W I -' h . _ se d J (~-.. ~~ n_ 6) G- ~~ x ~~ N F S ~ O W W O ~ ~~ ] ~ l o ~\ ~ \ o ' ~q F ', ' ¢=yaa GmpCw3 X_ - I°'0 i ~' 91 . O WJQ- aammo _- '~ I ~ yajGZWF ~ ' ~~' ~ ~ '' ~ VHSjW - J w ~~ _ '+ ~.o~ f )'I r i oa WmF= ' rl Y ~~ ?azz? '~' o r O om ¢ ..o Q ' ' ~.-v~ 0 o 0 . N ~i' p11 O - K. ~;~ o ~~~ _ ru ~ M :a 6C a..,.~ I~ N ~ M m f ~ -,~ o o x N I° yn r~ ~ m a ~ ~ ~- ] c. W~ ~, < ~ ~ ~ ~ N a < , '~' a>~Z WaZ o W ~ c ¢ a ` ~ ~ ~ m z ~<m~ ". , ~ m ~ ` ,~";, a W "~ ~ Z __. __ ; m ~ o_ m ~ a ° ~ ~ ~ ~ ~ 2 ~-9 L. 'J - CV C L ~~ ^^ ~ ~ N~C3r2 ~ m'~ «~ w 9 ~-_ - - ' ~ ~+ ~.~. ~ - - ~ r . r m ~ ~, P na-r Q~~ C ~_~ J.x.--- ~ --_ fE z ~ ~ E E'~~_~ o 4~ _ m o c t ~ o f ~ U.a ~iQ-~ . - ^ ^ ^ . - .r_._ _.... _... .. -~ ~. ----~---- _ --. _ ..v-"-" ci ~ -- _.__.__ ____ _ a .,I ._ i KATHLEEN M. HOGAN, : IN THE COURT OF COMMON PLEAS Plaintiff (Petitioner) :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION LAW MATTHEW A. IDZIK, NO. 01-5544 Defendant (Respondent) IN DIVORCE VERIFICATION I, Barbara Sumple-Sullivan, Esquire, am the attorney for Kathleen M. Hogan, hereby make this verification and believe that I have sufficient knowledge or information and belief as Attorney for Kathleen M. Hogan to make this verification and that the facts set forth in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. Dated: __7~' 2004 Bazbaza Sumple-Sullivan, Esquire Attorney for Plaintiff/Petitioner 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 Supreme Court I.D. No. 32317 KATHLEEN M. HOGAN, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION LAW MATTHEW A. IDZIK, NO. 01-5544 Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: Mr. Matthew A. Idzik 303 S. Ridge Road Boiling Springs, PA 17007 DATE: September ~ 2004 Bazbaza Sample-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff N ~f~ C5 t_.. C) y TY r.` ~~ T'n __,:i R7 ryY,~ 1 r.,3 ~ L.r.J "~ ~?, ~;