Loading...
HomeMy WebLinkAbout01-05977 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN ALLEN SZCZYPTA, JR., No. 2001-5977 CIVIL TERM . Plaintiff CIVIL ACTION - LAW VERSUS IN DIVORCE JESSICA 11.. SZCZYFTA, Defendant DECREE IN DIVORCE AND NOW, ~JI .;r 'i': I' .../J1 . 2002 ,IT IS ORDERED AND DECREED THAT JOHN ALLEN SZCZYFTA, JR. , PLAINTIFF, AND JESSICA 11.. SZCZYFTA , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement dated November 21, 2002 and signed by . . ROTHONOTARY Divorce Decree, but not mer ed. ATTEST: . ro;;:l!J~5.Jljl"'_[ltl , "., ',,,. r - , , . ,., _::'~_ 't!! ., -. . 'T ',r~' .,:> "- , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . -1 - , ;~~~'~<l1.l-1~2ltiii.i@>;M"'mm:*""H;;*,^1~ij~~(~~f'M'<!",-";"iWiw.e""';~;:!"F~_::..&l.i',i~I;):ili~"~%~' -,~ ,~~- -,"""'" .:ii~~."""",_, '~-~-. ,..c. _ f' ?;(?) :;3 , ," . ~ . / : J . c:':J / 'J' {)3 u ~4#~c;4-~~ ~~/k~~df ~ l..lUnl!1 ___,~.O'__ _ .~ ~. III JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CML ACTION - LAW 2001-5977 CML TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. RoC.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND AND NOW, Marcus A. McKnight, Ill, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That he served the Complaint in Divorce upon the defendant, Jessica R. Szczypta, on October 18, 2001, by certified mail 70001530000246935458, restricted delivery, at the address of 55 Thompson Creek Drive, Shippensburg, Pennsylvania 17257. 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 904, relating to unsworn falsification to authorities. >i Date: October 22, 2001 '~''':>_\'':J- /,.~:' ,,~ "''>,"":i_~''';''''','' '-;'i~"~" -' '_",' ~c'."_ ~I"_;;-':-"'";---_',"~'.i!-<:;'!.:"-:- - ",~,',_f"" -.,", ' "'[ '-, "'_":~ r ' _"'--1.,- I - p tn Ul .:I'" Ul m Ir .JI .:I'" Postage $ Certified Fee IlJ C t;;l C RetumR (Endorse .....,cte (Endorseme '\btaI P...... &"es $ I~ lzcbypL., JoU ,?6 /0 Postmark ~'''' c m Ul .-'l _.MS...JESRI!:A._lL_.s.zr.ZY1!TA..m...._..mmm..._m_m.m... c St~sAlf1ft'lffl\"~W'xeft:EEK DRIVE c c c~'IltJR"G..~lt..t'l'2;.r-.....m_.m...m........m......... I'- entTo pr, 0" J800 Iv1ay 2UOO See Revel se for Instl uctlOns 1. Miele Addressed to: MS~JESSI€A R SZCZYPTA 55 THOMPSl;f CREEK DRIVE S.IPPENSB~G PA 17257 2. ArtiCle Nwnit)er (efJpy'fronuerviae lab.ef) , , PS Form ~11 ,j J~IY '1ge~ '( '" -\'" , '..-, ~ ,- '_',Y,;",Wr~-;G':: ,_:~~'-.. Y'," ~-r-- ':'"':1 o~ ---.- .-'., ,.', -f-- _ "~"l ~"'"'_. , ". 3. Service Type I!. Certified Mail o Re~ist~~d ,0 Express Mail i_Il!-,A~t_iJtl1 Receip,t fo~ Restricted Delive~ (Extra Fee) 11~P~i ~~~fl(r~Oi@l~3,;t~~'iH" Domestic Return -'Receipt ':', ,. - -;~;- - - : ' 1025Q,.:ot>M'-<l95Z ; ',,,-,.,,,,"--,.,, '."-, A?,'_' ~ _~u"~'~ "~__:,, _".~'c. .'7,~,-"",;~-'H",,.. 'C- ". ~>. ~-"'." ,.. ,~" ,-,,-- ,,~ ~ ~,- '"~-~ 0 (:) 0 C ---,'l V~ 0 " m6: -, , -n Z:x r~ L'-- f'..) 9~ ~2~ ~, ' , ; :;'::C',,: "" CJ "1] :~~ ;t-:: - :.:i;.: '. ~~~ , C) _:~c'" r..,.) rn ~ Z => -~ =< :n .-1 .< - , :-- f'" ~" ", ), .:~____,,_;;:;;_~.::;,,~_,:-J[;kl!1J llJ~l\T~~~~l, --.!-:::_+:~.:,~,~t)~['Aq~~.Lc:~~i~!IW<~,_, ~, ",r:,,>~~~'~ ~, JOHN ALLEN SZCZYPTA, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-5977 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Jessica R. Szczypta, on October 18, 2001, by certified, restricted delivery mail, addressed to her at 55 Thompson Creek Drive, Shippensburg, Pennsylvania 17257, with Return Receipt Number 7000 1530 0002 4693 5458. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: December 18,2002; by defendant: December 18,2002. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b )(2) Date of filing!Bld service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 30, 2002. Date defendant's Waiver of Notice in Prothonotary: December 30, 2002. filed with the ~_r.,,_. "~_~ C"_","",!,, ,^ <:: "-7J"-~",,, _,__+,,; ""; '_',~ e "_ "'-"''''''''~,C,;\,'1~_.~'__, _ ., J"~_. __"'_", _~~".., ~_ ,', ~_,_,,,<~_, 0_ '7'( MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this tJf )JYdJJ.ir day of O\.otv1:ler 2002, by and between JESSICA R. SZCZYPTA, (hereinafter referred to as "WIFE") and JOHN ALLEN SZCZYPTA, JR., (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on December 28, 1996, in Plainfield, Cumberland County, Pennsylvania, and separated on August 15,2001. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2001-5977 Civil Term on October 17, 2001. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be fmal and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. l.~')!'!~~r~_ ',,--, ''''c<''< ",~,~",'Cl\:.;;!_"", .7;'_~" -,^,;-,"_,,-,~,,__~!'Y;"-~':.";k'i~'-" . , , -,., , '0._,-, ,--, ""'~"__ 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: (a) is represented by counsel of his or her own choosing; (b) is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; (c) enters into this Agreement voluntarily after receiving the advice of counsel; (d) has given careful and mature thought to the making of this Agreement; (e) has carefully read each provision of this Agreement; and (f) fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 ~~~:, i~- -'. ." '._0 . -~,-, ^. ." ":._cG,"cr _''-_''''''. ."., , ,\-" - -- "I"~:'-~ "";"""",,",N _ P'C,__ . q'. 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during marriage. 3 ~,.>;,,-- -, <'^." :.~"~,,(,k\""t, >_~"t\>__ --,~ - 7--',"'1' o~_': 1--' >, -,-^ -, !- -1C'~ 7. DEBT: The HUSBAND agrees to pay his marital debt and hold WIFE harmless from any payment thereof. WIFE agrees to pay her marital debt and hold HUSBAND harmless from any payment thereof. 8. SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will not provide spousal support to HUSBAND. Neither party will seek alimony or alimony pendente lite from the other. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; and d. Any benefits through his employer. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any Life Insurance Policy; and d. Any benefits from her employer. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and 4 1~~c >" -'"-' --,_" '-L";", :_<,- ~" c_, '.1 " ."-," ". __,' _"'__'~"_"_ description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account ofthe other. 10. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in WIFE'S automobile. (b) WIFE agrees to waive any and all interest which she has in any automobile acquired by HUSBAND. 11. MARITAL DEBTS AND BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her from any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated. 5 W;'~r -', -~--T: -, . ~-,-~-. -'"""-""~--"-~_-, " ."j-.p- -, ~~ ,-'-' ,-":." _-~-"~~'_ ,I'" ~ ",_H' .. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a fmal divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: a. In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. b. Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. 6 !",i>~",.<", ~-'" :- - ,.- "~_~,",;h_~'C1?'-" "",'" ',~t--_"3- ~_C':",> ,,' _,~,-""~'l'-,,__, ,""'_,_ !':'o-,"" , __'u ,. 1..,., ,-~ .,- ,'-, ,- ." --- " c. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. d. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payer or taxable to the payee for income tax purposes. 16. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS AND OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor child, Pierson L. Szczypta, as an income tax exemption for 2002 and thereafter. WIFE will be entitled to use Huntier J. Szczypta as an income tax exemption for 2002 and thereafter. Each will sign any documentation required by the IRS. If HUSBAND stops the exercise of his periods of custody with the children for a period in excess of sixty (60) days for non-work related reasons, the income tax exemption of Pierson L. Szczypta will revert to WIFE. 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. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement 7 ~~, ::_ - ,,-,_,,- .' -,.<:-r o,~, _",,,0" ,"-~- .~"-"- .'~_'tl._~<:"_ }--:.,-,, '.',0: -J.,_'_._o "!"-,~,- _ . . " . -., is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 19. 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. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and an property settlement agreements which mayor have been executed prior to the date and time of this Agreement are nun and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. CUSTODY: The parties agree that they will enjoy joint legal custody as wen as joint physical custody of their minor children, Pierson L. Szczypta, date of birth, January 19, 2000, age 2 years, and Huntier J. Szczypta, November 13, 2001, age 6 month. The parties agree that they will enjoy physical custody of the children at times they agree are in the best interest of their children. 8 ~pM,",~o_n'iiH_'"~_"'7'<'1__:_~,-__t'" " "c. ,_, , t _,;, ~ _":''''1_".,"_'''< __~:',_0 _ -,",_, eo ,~. ,0', 'I" .~ - ,--'~ ,. "' ~. , . ~- ".-,' 24. WAIVER 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, courtesy, statutory allowance, widow's allowance, right to 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, and 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 this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. (SEAL) (SEAL) 9 '::~~'P' - ," "'; -, - .,'.} t_!"7_2',"'_~,"f~,_,~,'r,__"lo?'", "",' '; -, ~'''''''_,,; I"".":"'"",,-,~, -~'_~,-!,'''' - _" , ,"-.",9""_,,,," '." - ',' t . . <"~"~);'" '..' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~,;;y PERSONALLY APPEARED BEFORE ME, this~ day of ;~y 2002, a Notary Public, in and for the Commonwealth of Pennsylvania and County ofJ'J4~L1/ JESSICA R. SZCZYPTA, known to me (or satisfactorily proven) to be the person whose name ss: is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTARIAL SEAL KIMBERLY A. NALL. Notary Public City of Harrisburg, Dauphin County My Commission Expires January 19, 2004 ilaW COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND qK PERSONALLY APPEARED BEFORE ME, this ~ day of ~ 2002, a Notary Public, in and for the Commonwealth of PennsylvaniLand c~unty of Cumberland, JOHN ALLEN SZCZYPTA, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notarial Seal Martha L. Noel, Notary Public Carlisle Bora, Cumberland County My Commission Expires Sept. 18, 2003 Member, Pennsylvania Association of Notaries 10 I ',O,"'!, f--':."~" _" ,_, ";''i~'~''','~~''-'' ',' --," ."?:,.'_:'<:"~-: -,~ ,_W',;'_ :"-, I -'~'" ,. ,.C'",_ , ~- -"",-. '- = .<. "--, ~:- r- TI r JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JESSICA R. SZCZYPTA, Defendant 2001- S'f77 CIVIL TERM IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 ~~IJL,_;- _', ",_" "'"7~"_~."",,"~4~'_ ",~__,_,e:~~.",,,,,"~, _,_ "c," '_"_:<"_'_""I"';,~',,; -~Y:5-~"T _~_ ~A' O_~_' - _ .,._, '-,--,,-,. ",'-, -"~"---- '-.~- ',-."'-' -?,' ,- -, . , ,- ~ r--~ AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. :- "~':f~ [ :--" - " , .'-ie"_W"I<,~"_~_",,,,,,,,,,~,,_,p- __ ~~,__, __~-~~_ ~,'1',~,~:.,,..,h'_,,:>_''"''''''_'''~''''__ '_n,'''''' ,""l ~'-_~'"'T ,,'-- ' ~" .<- _"f' .,- ",__.e-'-" "~_ ',,__,_ _,W',_" _ "._ , ._,~~., _._;_ _ ". ~ ,r,~ ' ',- ><;"~" jf'lr-:~c JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-~1'7 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF:rm; DIVORCE CODE NOW comes the plaintiff, John Allen Szczypta, Jr., by his attorney, Marcus A. McKnight, III, Esquire, and files this complaint in divorce against the defendant, Jessica R. Szczypta, representing as follows: I. The plaintiff is John Allen Szczypta, Jr., an adult individual residing at 68 Peach Ann Drive, Newville, Pennsylvania 17241. 2. The defendant is Jessica R. Szczypta, an adult individual residing at 55 Thompson Creek Drive, Shippensburg, Pennsylvania 17257. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. ~ :;"'-' -.:'" ,"-"'". ,- , -';",~ _r__ __~C~"""__ _, _ _ '_',~ _,." ,__. _ ~ ;_" ,~_OH~"'_ L't',,_, ,~__ ,_, ~__~_7~'__~" _,,, ~_ _=, _'" ". .'--- ~ .-. __ ~__'",~~,h_ _,_._ "". ~'" ~:rI'~ 4. The plaintiff and the defendant were married on December 28, 1996 in Plainfield, Pennsylvania, and separated on August 15,2001. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was one (1) child born to this marriage; namely Pierson L. Szczypta, born January 19,2000, age one (I) year. 7. Pursuant to the Divorce Code, Section 330l(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: .ght, laintiff West Po Professional B ding 60 West Pomfret Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: October 15, 2001 ~~RJmWlT J!J1l -' '.'-'1'''''., ,","'f'-'" -~,>",r' .""_ - ,~~. " _.'_~.-- "~"''''F'.''~ :-'C"'" .;::,.".", ""',_ ;,,>,,', ""''':~'"' _ . , - _.,. ,.",',.. .~ .^ " "<n..' ," . . ." .n" " .,""" \>", VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. /L/~,-~ / JOHN ALLEN SZ l\, Date: October J S , 2001 -,g..-J "-~,c -'. '-; ,,,_,,,,,,,,,,,,,,,,,,"~'''''__''";ct c~i--0_'_~,,~~^, ---;' ,""c_,~ ;,r-- .--" '-,-i', ~." 0 .---- ,';""~';"__' " _ ,"- ,-- -~--~',- ~,,_., "_--,_,,,~_,____,,_ ,_,r- ~ -0" t- JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001- CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The 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. 1 verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: October IS ,2001 /~/fl ~ ~~ / JOHN ALLEN S cfYPT JR. "1,_~_,:t~~ - _'""-~,"r')-:::,_>::?,~~",>.""-,, +.."-_-'<'"J,_"', " '}-'+':-I'F,":;F _ .1 ~- - -- ,,- ~ ,~- " '~', ~-- ~- " ~," ~.. t." -m t'fj, I ~_ ->. > '.".. ".,.. . ". '4""~,,,,,,~=,_,~,;(^,,_"'_"""-'-" .""., ',' -;' .,. ,. ,,-->-}~II'h'-- - ~~ ~ 1-1 ~ ~ ~ '"- - ~-'''''"._'w ,"';".'>' "'.""""';;i._",~""",_~,;""._, -,'.', ..... ,;;""""''''jjir . 'tf11lnnr~ -,~;:.tMJ!:- :i-l}I-~rr:~1"';;;-;'~Y;": ~ $ ~ ~ ~~ ~ B '''1 I I D jP~ J ,~,,>J:~~ ,-;,A""L.-_, ~ _ , ,:~~jf~1l1,*j~~~'!!l:_ E 0 iJ~ n-tCD .2: c:-! Z'" Cl)<;::~ ::< :r -.J ~C _"" -0 Ze) ~"'9:-. :r;O - ~ ~ Ul .::-- o ~ -f ,~ 0.-' n "....;! j' :-;i,;Q ",T,.."..h ,1<,r;:~ 1-" r ;,~',-:~:( ;;d (4j D C)ln '>' $ -< "!"',\,!!Ii!Im11 !, , .,. _,_'7'i:~'''':::___''''''''"-:'''''-'''_'__:_'!:f_'7__-'_~~~~, ,ilJt~.~{; i""f - . JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-5977 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 17,2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: i)Ol'DlN\lnay \'& ,2002 /L #'--~ ~. / JOHN ALL ~CZ TA,JR. ""~.,'-- _'l'Tf ",_8-.c,~.'3"'''',~._'''-''''_'~'''_VI'~~;'-::''__'",_"",,,,,_~,_',I__ .'e'. ".'.,er . '>_'- "eY>o . ,~-,-~,~~,_. __ , _, ", ,".. .~.~ .' . ,- :. .,., ~ --~-, . - -- ,-- ....f_ .. .-"-,>:,, ", ~~ -""'1- - ,,,. w,_. - -'''M",.,~ "'-.-''''~~i':,,",,-;_.;-,' .' ~,,"WI"T'r~,;o~ >;llY~1'jr~'~~";:"fi""Qf1nf1r~r':i~W~':~~~::~i:" 0 C~) 0 C t':; -on $: c::J ~::~l Licr C,., _-: J> rnp OJ "P -,...---r' ---:-Iq'"l ~~. r...:> Zf^. -~JY ~~, 0 ~~~C) -0 ~_:~ -H _J~" ~:;;'o kr, r.:? ;;:i::;;rn J>r ~~ , '-A> ~ ~ -', '^O -< "..E!.c., _,_,-;-,.}_~D_.-,_ ~Q~'i~~~~;.mm~_, "~_._<m~~j~~,, . .~,'~~,.,.,"}__~~_"~ .",dlii JOHN ALLENSZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-5977 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. ~ j I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: \)IU:.AmIoCOlr \~ ,2002 /..t -/At~ ~...~ L. / JOHN ALL ZCZTI>TA,JR. Plaintiff ::>:~T ).1, '-'"~"_"_""''''''''e~~"_'''''_'''_' _,~_ .=-''._,. _,.',., ,,,"I. ~. _ "'_~_' ,- ~ ,,_,,~~. __,~_,___ < ''''__,',r "'''' '._ - ~ ~- ,~ ". .' ~ .' --." - _~ ,_.J __ .""-' '~^'- .~ - . --'."-~.. . ' ":~_ "" ,''"e'''_.''','' "__,,_~",;-", 0 Cj- I:~ ;: >0 ::::J -Uu.: .~.."l mrr c..., .. :1' Z:/o r- Z"" '''' n'l crl."." C. l . -<~:' :::;-:;~~: ~c -0 5:c ::l~ ~~~~ =0 ~ :PC :~ Z ,~ ~t> :<. :XJ <D -< --, ,." ~,l'--/ T, .-< "_,J!,.,,, "~_'n"":;~I~~~-!~~~~-"."-;.-.~~~~~,,.:_:.,~~~ ,,~~. .~:q,rytt ,-::1: K JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-5977 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 17, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. (--- ~o Date: ,2002 i 'if~~':J '.' 0;;'."",,<-,,,,. ,"",~,.,. '_,,---"-"ft_"""~'" '_"'__~"_''''',9-, ,I ",,,,,~__ _. _'~'__' ~"'>,"~ _"'~" ,,,",,' ,~" -1""- - -.'0,'.. ." ,~'''' =7-<', ,,~, _ ~" ~~ ~~"'" -~. ", .", "~,',,.", "llmllliilmm1(lllil"I"'oO'ti..,wuftlW~ () C) C C ''0 -' 'n s: c::l -Ocr:: P" --,~ (!1 Ql t-:> , ZJ. zr. w n. r-;-'j (f))~ <::> .. '-,,~ ~~ ---1 'c U ..._L...' "V -t'; ::>C'" -T' ZJ --6... '.-,_;C'''S ;..2 w ~':.':!Tl ;::;:; Z W >- =< :D l.O <-<; . ~", .'" "~,, _;"'<~' .= ,~'_P'o ~ ,~ :"'c"~'''''~?'_Y_''___O_;,_^~~~~~~~rrq!f,],lljl~~~~; \\ . JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2001-5977 CIVIL TERM JESSICA R. SZCZYPTA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Da~D /d. ,2002 ; :;f\;,," ;'-, - _ c,__ ,~""" ,~~~._.<" . ,_' ,'0.'. _C<~"",",,-',""/'-'~'-~ -,,'-"""1""<.0' ~"~""~'__'~ _~ , __~~ n, _ ~~, _. _~^ ~_ ~ ~--~ ~., .'-- ,~. ,-~ ", ,""""",,,,,"_~ ,_0 \, ,,"~. "',_' -' "._, ','__ ,_~ o.~ ~ _'" ,~, " '",~,"",' ""~-~':"""1'-'!.~',~~"~_,, -:~'!f~~~JI~t1m 'rt"lJ:"~'frttr.'r'","'" C') <::::> () c 1',) :;~ a -005 p, rTIm CJ :0 Z--. ~.L' fO'- Zr- tJ ___con (J):J""" <::;1 -"-'; ~':j -<:2. JrJ... ~C ..1 ;'.::....J :: ..~,~ .J:'-'n -, ~:~~i Z~..J -"~ ;i>O ~ c: D - Z C- ~~ ~ (::> :XJ -< ,"'),_~~~~~.~~WJ~~5'Y r ~ JOHN ALLEN SZCZYPTA, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2001-5977 CIVIL TERM JESSICAR SZCZYPTA, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: I. 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. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,2002 " i~, ,. ,,-,_ """,,~',._""F""~._' .",','/~__"_'" ',.._"",_,~ ,'I"._c-'",,;,_~,~.. 0 h ,,,,",~'--,!>.,,".~, - .~"f - ". , ",~ , --" '. ~ .. --"I -" '",-, -,"'" ",.~, ---~ <<' ~ _.,. _o,__~~,_. --., , ..--, ","," "~-"'M"'"-''.''' ...,x~ ".,e':"':;'--"fb' .'__':l.'" ,-". "'~r':_:ljlfjfT''WrIllr~_-t1f:jT''JIj\'<'''-~j'''l\'~'i)SP:i!,g~-'!(0{j: 2 s: ~~, EI!': ~ <dOci (rj ")> -.- -', c;: c:~~ :i' .. - "r-, ~r'5 c: ? ~ CJ r" t:::> f7''J " tv <::> -a ~ () -'q ~) _~i ~ Cjg )~Iq ~:::i .:h ::0 -.;: t:- <::> _,~k._,_____'J . )!~1"""\'"-'i"~'f~,~.~)\'fjj~{J'~)i,?{.-_,~,,,. s:;;J ,____~-~-)n-. I I ]"lL, ^'!,_,_" Jll.., ",,>.-fc;i' >"-11n1f~ ' ~. '", i :'~I ,:1 ':1 'I ;';! I";'~'#f~,,- t r ~"~ >" .. JOHN ALLEN SZCZYPTA, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2001-5'177 JESSICA R. SZCZYPT A, Defendant : CNIL ACTION - LAW : DNORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Defendant in the above matter, having been granted a final Decree of Divorce on the 31 sl day of December, 2002 hereby elects to retake and hereafter use her maiden name of Jessica R. Hollenbaugh and gives this written notice avowing her intention in accordance with the provisions of 54 Pa. C. S. A. ~704. Signature of Petitioner /~~ -0 To Be Known Signature-Elected f! --.-,,-/"';~""!H'f, ,:_".-<-",,," " 'I _'" _".,_ r., " ,~--='~"" . ".~ -., . " COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On the J5~y of c!o..n ~ ,2003, before me, a Notary Public, personally appeared Jessica Szczypta, to be known hereafter as Jessica Hollenbaugh, known to me to be the person whose name is subscribed to the with 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. NOTARIAL SEAL KIM91!RL V A. NALL. NotaIY Public City 01 \ollInisburg, Dauphlll countY My Ca""l\\il-~"'O e~ January 19. 2004 ~d."~ Notary Public ~:'.~'-WW~' , ~- ,_" 'I~':' .1,..' '<"":_~h-~' ,":_7 ,~1r'_~r.:, '''''c ,,, --'~'-" -.... " ^ I~,;"" _/" ",,>, ____.~^'A=.,,_~,'~_9"~~.~~_., ,,,,,.,~="_ _.'.'__ . _"'-",,1W...._:-c~, " _I!r,~ "' "'^'~'". --'.' ~_, W' - ._,,-, --I_li:llf'DrlT~p ,~ ,< ~ ~ f. (") Cl C;; ~ c:: w ~ .. ;;:: ""t' (L Y':;1l> -", Sf!~J' :;:;;;: , '. ;-.) "- " e ,".'-;-'.. '" (d s:? x,~ 0", '" '" c::= \~_- "- - <::. --'0 "\ f ~~. - "\. ~-j -' w )> ~ :;:) J -<: <0 -< Of}\ " ,J!~~,.;,...~"~__"~,,,,,,;- ,,~ .~,,~ _ '{"".:' ~ ~~,,.,..~f:~~~tw'?10"f'l~i1'5'f~!!lif~PiL__ ,_~, ,,<_ ",,'" ~,,"_Q'::".;r.-<'I'~.'l',,'."N' C, '. '<ffo-"~",'~~"""'" l".. ""..",__)1+"