HomeMy WebLinkAbout03-3003SHARON L. MATICHAK,
Plaintiff
vs.
MICHAEL J. MATICHAK, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03 3 0 0?
IN DIVORCE
NOTICE TO DEFEND AND CLAIMM 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 at Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania
(717) 249-3166 ?Q
Gi ' sG?` Gt'?1-?r
Anthony L. Luca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., NO. O3 30 03
Defendant
COMPLAINT UNDER SECTION 3301 (c)
OF THE DIVORCE CODE
1.
Plaintiff is SHARON L. MATICHAK, who currently resides at 116 Third Street, Boiling
Springs, Cumberland County, Pennsylvania, since April 6, 2003.
2.
Defendant is MICHAEL J. MATICHAK, SR., who currently resides at 31 Laurel Street,
Carbondale, Lackawanna County, Pennsylvania, since March 1, 2003.
3
Plaintiff and Defendant have been bona fide resident(s) in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4.
The Plaintiff and Defendant were married on May 26, 1979 at Carbondale, Pennsylvania.
5.
There have been no prior actions of divorce or for annulment between the parties.
6.
The marriage is irretrievably broken.
7.
Plaintiff has been advised that counseling is available and that Plaintiff may have the right
to request that the court require the parties to participate in counseling.
8.
Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in this Complaint 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.
Sharon L. Matichak, Plaintiff
Date: ??oa.3 (n/? v"
Anthony L. ca, Esquire
Attorney for Plaintiff
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
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Sharon L. Matichak
vs
Plaintiff
Case No. 03-3003
Michael J. Matichak, Sr.
Defendant
Statement of Intention to Proceed
To the Court:
Sharon L. Matichak intends to proceed with the above captioned matter.
Print Name Anthony L.
Date: t7 loa / 16,
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
If Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
DeLuca, Es (Sign Name /? _ ?? L?
Attorneyfor Sharon L. Matichak, Plaintiff
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SHARON L. MATICHAK,
Plaintiff
VS.
MICHAEL J. MATICHAK, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 03-3003
PETITION FOR SPECIAL RELIEF
1.
The Plaintiff is Sharon L. Matichak, an adult individual, who currently resides at
1928 A Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Defendant is Michael J. Matichak, Sr., an adult individual, who currently
resides at 77 N. Main Street, Apartment 402, Carbondale, Lackawanna County,
Pennsylvania.
3.
On June 24, 2003, a Complaint in Divorce under Section 3301 (c) of the Divorce
Code was filed in the Court of Common Pleas in and for Cumberland County,
Pennsylvania to No. 03-3003.
4.
The Plaintiff avers that, at the present time, the Defendant is not represented by
counsel.
5.
The Defendant has been employed by the Commonwealth of Pennsylvania as a
psychiatric aide at Clark Summit State Hospital.
6.
The Plaintiff has recently determined that the Defendant has filed retirement
papers with the Commonwealth of Pennsylvania and is waiting to receive benefits for his
retirement.
7.
The said benefits mentioned hereinabove from the Commonwealth of
Pennsylvania include a lump sum amount of approximately $30,000.00 and a monthly
annuity of approximately $800.00, both of which are valuable assets comprising marital
property of the parties.
8.
The Plaintiff further avers that the Defendant has a serious addiction to gambling
and that said addiction was the primary basis for the separation of the parties and
subsequent divorce action.
9.
Plaintiff believes and, therefore, avers that if the Defendant receives the lump sum
money of approximately $30,000.00 and his monthly annuity of approximately $800.00
she will be irreparably harmed because said lump sum and monthly annuity would most
likely be dissipated, conveyed or otherwise disposed of due to his gambling addiction.
10.
Based upon Defendant's past practice of invading marital assets and withdrawing
joint assets without Plaintiff's consent, Plaintiff believes that the Defendant will remove
the assets set forth hereinabove or attempt to deplete them before final determination of
this cause.
11.
The status quo should be maintained to preserve the marital estate for ultimate
disposition by the Court in a fair and equitable manner.
12.
Neither party should be permitted to employ self-help or destroy the marital estate
in the assets belonging to the parties.
13.
There has been no contact between the parties for a substantial period of time.
14.
Plaintiff has filed a Motion for the Appointment of a Master to determine the
issue of equitable distribution.
WHEREFORE, Plaintiff respectfully request that this Honorable Court issue a
Restraining Order, enjoining Defendant until final determination of this case from
removing, transferring, encumbering or otherwise disposing of any marital property
acquired during marriage, including but not limited to the lump sum payment and
monthly annuity.
Anthony L. D ca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
ID # 18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Special Relief are true and correct to the best of my knowledge, information, and belief. I
understand that any false statements contained herein are subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: /°?
Sharon L. Matichak
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ITT THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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Plaintiff
VS.
NO. o...? ?,q
MOTION FOR APPOINT•'ZrNT OF MASTER
(Plaintiff) (Defendant), moves the court to appoint
a master with respect to the following claims:
(?) Divorce (?) Distribution of Property
{ ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (iww) (has not) appeared in the action (personally)
(by his attorney, Esquire).
(3) The staturory ground(s) for divorce (is) (are)
33a1 r:) . Ak4 3.1o i(d)
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the
following claims : No itJ,T
(c) The action is contested with respect to the following
claims : j U6 n le APA &Plly- Y
(5) The action (involves) (does not involve) c 1 . issues of law
or fact.
(6) The hearing is expected to take ? o ( (hours) (days).
(7) Additional information, if any. relevant to the motion:
Date: 1.Z Z/?za
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Attorney for Iaiziti.f f )
(Defendant)
ORDER APPOINTIVG ?SASTER
ANL D NOW ,19 Esquire,
is appointed master with respect to the following claims:
By the Court:
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SHARON L. MATICHAK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
MICHAEL J. MATICHAK, SR., NO. 03-3003 CIVIL TERM
Defendant IN DIVORCE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he
mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in
Divorce under Section 3301 (c) of the Divorce Code to the Defendant at
31 Laurel Street, Carbondale, Pennsylvania 18407 and that Defendant did receive same, as
evidenced by the signed receipt attached hereto as Exhibit "A".
By: A
An ony L. bqyuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
Sworn to and sub ribed
before me this /90hy
of December, 2006.
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IN THE COURT OF COMMON PLEAS 1 920M
CL'MERLAND COUNTY, PENNSYLVA
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Plaintiff
vs.
0-? A'Awrzk14 S/,
NO. 3 4y60
MOTION FOR APPOINTMT OF MASTER
(Plaintiff) (Defendant), moves the court to appoint
a master with respect to the following claims:
(?) Divorce 00 Distribution of Property
( ) Annulment ( ) Support
( ) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(Z) The defendant (#d-) (has not) appeared in the action (personally)
(by his attorney, ,Esquire).
(3) The staturory ground(s) for divorce (is) (are)
3 3a! ra) .4A& 3.1o/(dl
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with r espect to the
following claims : /ua A)T
(c) The action is contested with respect to the following
claims : l r C oo j9 Ad
(5) The action (involves) (does not involve) c 1 _ issu s of law
or fact.
(6) The hearing is expected to take (0) (hours) (days).
(7) Additional information, if any. relevant to the motion:
Date:
l.Z_1 / Q ?d G
Attorney for laintiff)
(Defendant)
ORDER APPOINTING MASTER,
AND NOW Esquire,
-,LrjA'j
is appointed master with respect to the following claims:
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DEC 19 2006 A*
SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., : NO. 03-3003
Defendant
RULE TO SHOW CAUSE
AND NOW, upon consideration of the foregoing Petition for Special Relief, and
on Motion of Anthony L. DeLuca, Esquire, attorney for Plaintiff, a Rule is granted on
the Defendant, Michael J. Matichak, Sr., to show cause why he should not be enjoined,
until final determination of this case, from removing, transferring, encumbering or
otherwise disposing of any marital property acquired during marriage, including but not
limited to the lump sum payment and monthly annuity.
Rule returnable on the Q ' day of 2003, at in Court
Room , Cumberland County Courthouse, Carlisle, Pennsylvania.
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SHARON L. MATICHAK,
Plaintiff
VS.
MICHAEL J. MATICHAK, SR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-3003
PETITION FOR EQUITABLE DISTRIBUTION
1.
The Plaintiff is Sharon L. Matichak, an adult individual, who currently resides at
1928 A Fry Loop Avenue, Carlisle, Cumberland County, Pennsylvania 17013.
2.
The Defendant is Michael J. Matichak, Sr., an adult individual, who currently
resides at 77 N. Main Street, Apartment 402, Carbondale, Lackawanna County,
Pennsylvania.
3.
On June 24, 2003, a Complaint in Divorce under Section 3301 (c) of the Divorce
Code was filed in the Court of Common Pleas in and for Cumberland County,
Pennsylvania to No. 03-3003.
4.
The Plaintiff avers that, at the present time, the Defendant is not represented by
counsel.
5.
Plaintiff and Defendant have acquired property, both real and personal, during
their marriage from May 26, 1979 until February 22, 2003, the date of their separation.
6.
Plaintiff and Defendant have been unable to agree as to an equitable distribution
of said property.
WHEREFORE, Plaintiff prays that this Honorable Court enter an Order
distributing all of the aforementioned property, real and personal, as the Court may deem
equitable and just, plus costs.
Dated: ,lod
Anthony L. D uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
ID# 18067
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Equitable Distribution are true and correct to the best of my knowledge, information, and
belief. I understand that any false statements contained herein are subject to the penalties of
18 Pa. C.S. Section 4904, relating to unworn falsification to authorities.
Dated: / 3
Sharon L. Matichak
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SHARON L. MATICHAK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
MICHAEL J. MATICHAK,
Defendant NO. 03-3003 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 8th day of January, 2007, after
hearing on the Petition for Special Relief, both parties are
enjoined from transferring, encumbering, or otherwise disposing
of any marital property acquired during the marriage without the
express written agreement between the parties or further Order
of this Court. This Order shall include, but not be limited to,
the Defendant Michael J. Matichak, Sr.'s pension benefits with
the Commonwealth of Pennsylvania. If the lump sum portion of
the Defendant's Commonwealth retirement has not already been
withdrawn, the pension administrator is directed to not disburse
said amount without further Order of this Court. If said sum
has already been withdrawn, the Defendant is directed to account
for the disposition of said funds to Plaintiff's counsel within
10 days of receipt of this Order: -°
'By the Court,;
Edward E. Guido, J.
,,?(nthony L. DeLuca, Esquire
For the Plaintiff
Aichael J. Matichak, Sr.
Defendant, Pro se
Catherine Nolan, Esquire
State Employee's Retirement System
srs
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SHARON L. MATICHAK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., NO. 03-3003 CIVIL TERM
Defendant IN DIVORCE
MOTION FOR ENFORCEMENT OF ORDER
The Plaintiff, Sharon L. Matichak, moves the Court to enforce an Order of Court
based upon the following:
1. On December 21, 2006, a Petition for Special Relief was filed requesting
this Honorable Court to issue a Restraining Order enjoining the Defendant until final
determination of this case from removing, transferring, encumbering or otherwise
disposing of any marital property acquired during marriage, including but not limited to
the lump sum payment and monthly annuity.
2. A Hearing on this matter was held on January 8, 2007, at which time the
Defendant failed to appear.
3. An Order of Court was entered on January 8, 2007, after hearing, wherein
both parties were enjoined from transferring, encumbering, or otherwise disposing of any
marital property acquired during the marriage without the express written agreement
between the parties or further Order of Court. The Order included but was not limited to
the Defendant's pension benefits with the Commonwealth of Pennsylvania. The Order
also addressed the lump sum portion of his retirement benefits directing him to account
for the disposition of said funds to Plaintiff's counsel within 10 days of receipt of this
Order. A copy of said Order of Court is attached hereto, marked as Exhibit "A", and
incorporated herein by reference.
4. On or about January 4, 2007, Plaintiff filed a Motion for the Appointment
of a Master and a Conference was scheduled for 9:30 A.M. on February 21, 2007 to
discuss the outstanding economic issues.
5. On or about February 16, 2007, counsel for the Plaintiff contacted the
Defendant by telephone and, at that time, Defendant advised that he was in receipt of the
Order of Court dated January 8, 2007 and had also received notice of the conference with
the Divorce Master. Defendant advised that he did not have counsel to represent him
because of costs and that he would not be appearing for the Conference with the Divorce
Master. During this conversation, the Defendant was instructed to provide Plaintiff s
counsel with an accounting of any disposed funds from his retirement.
6. On February 21, 2007, a Conference was held with the Divorce Master on
the outstanding economic issues and Defendant failed to appear for that Conference.
7. Defendant has failed to provide Plaintiff with an accounting of any funds
received as a result of his retirement.
8. As a result of the Defendant's failure to comply with the Order of Court
dated January 8, 2007 and the subsequent request by Plaintiff s counsel for an accounting
of any disposed funds received from his retirement from the Commonwealth of
Pennsylvania, Plaintiff has incurred additional and unnecessary legal expenses.
9. Judge Edward E. Guido has ruled on the Petition for Special Relief.
10. Defendant is not represented by counsel.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enforce
it's Order of Court dated January 8, 2007 by ordering Defendant to put his monthly
pension check in escrow with the office of the Prothonotary, in and for Cumberland
County, Pennsylvania and hold Defendant in Contempt of Court for failure to comply
with the Order of Court dated January 8, 2007 and pay Plaintiff's counsel fees.
Date:
'- Z1,1--le-
Anthony L. L?Luca, Esquire
Attorney for Plaintiff
SHARON L. MATICHAK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
MICHAEL J. MATICHAK,
Defendant NO. 03-3003 CIVIL TERM
IN RE: PETITION FOR SPECIAL RELIEF
ORDER 05 COURT
AND NOW, this 8th day of January, 2007, after
hearing on the Petition for Special Relief, both parties are
enjoined from transferring, encumbering, or otherwise disposing
of any marital property acquired during the marriage without the
express written agreement between the parties or further Order
of this Court. This Order shall include, but not be limited to,
the Defendant Michael J. Matichak, Sr.'s pension benefits with
the Commonwealth of Pennsylvania. If the lump sum portion of
the Defendant's Commonwealth retirement has not already been
withdrawn, the pension administrator is directed to not disburse
said amount without further Order of this Court. If said sum
has already been withdrawn,, the Defendant is directed to account
for the disposition of said funds to Plaintiff's counsel within
10 days of receipt of this Order.
'By the Court,
Edward E. Guido, J.
Anthony L. DeLuca, Esquire
For the Plaintiff
Michael, J. Matichak, Sr.
Defendant, Pro se
M. Catherine Nolan, Esquire
State Employee's Retirement System
srs
EXHIBIT "A"
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APR 04 2001A'Y
SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., NO. 03-3003
Defendant
RULE TO SHOW CAUSE
10-1
AND NOW, upon consideration of the foregoing Motion for Enforcement of
Order, and on Motion of Anthony L. DeLuca, Esquire, attorney for Plaintiff, a Rule is
granted on the Defendant, Michael J. Matichak, Sr., to show cause why his monthly
pension check received from the Commonwealth of Pennsylvania should not be placed in
escrow with the Office of the Prothonotary, in and for Cumberland County, Pennsylvania
and why he should not be held in Contempt of Court for failure to comply with the Order
of Court dated January 8, 2007. : CO QM
Rule returnable on the day of 2007, at _.M., in Court Room
, Cumberland County Courthouse, Carlisle, Pennsylvania.
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SHARON L. MATICHAK,
Plaintiff
V.
MICHAEL J. MATICHAK, SR.,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3003 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of April, 2007, hearing in
this matter is continued to Monday, May 7, 2007, at 2:00 p.m.
Anthony DeLuca, Esquire
For the Plaintiff
Michael J. Matichak, Sr.
77 North Main Street
Apartment 402
Carbondale, PA 18407
srs
Edward E. Guido, J.
INVNIA.M43d
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A'&LONOI IOdd 3HI AO
SHARON L. MATICHAK,
Plaintiff
V.
MICHAEL J. MATICHAK, SR.,:
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-3003 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 7th day of May, 2007, after
hearing, we find the Defendant to be in contempt of our prior
Order, and he is so adjudicated. The sentence of the Court is
that he undergo imprisonment in the Cumberland County Prison for
three months. Conditions of purge are as follows:
1. That he provide copies of his checking and
savings account statements at the First Liberty Bank in
Carbondale from September 1, 2006, through today's date within
ten days.
2. That he name Plaintiff as the beneficiary on his
state employee pension survival benefit.
If the conditions of purge are not met, Defendant
is to appear before this Court on Wednesday, May 30, 2007, at
1:30 p.m.
?r
_Anthony L. DeLuca, Esquire
For the Plaintiff \
chael J. Matichak, Sr.
77 North Main Street
Apartment 402
Carbondale, PA 18407
Defendant, Pro se
srs
Edward E.,,Guido, J.
Lt.?7
SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V NO. 03-3003 CIVIL TERM
MICHAEL J. MATICHAK, SR., CIVIL ACTION - LAW
Defendant
ORDER OF COURT
AND NOW, this 30th day of May, 2007, it appears to the
Court that the conditions of purge set in our Order of May 7,
2007, have been satisfied.
It is specifically ordered and directed that the
defendant may not change the beneficiary on his State Employee
Pension Survival Benefit from plaintiff without her signature or
an Order of Court.
y the Court,
Edward E. Guido, J.
Xthony L. DeLuca, Esquire
For the Plaintiff
Michael J. Matichak, Sr.
77 North Main Street
Apartment 402 J
Carbondale, Pa. 18407
Defendant, pro se
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SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., : NO. 03-3003 Civil Term
Defendant IN DIVORCE
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on
June 24, 2003.
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 are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn
falsification to authorities.
Date: -22 0 P?
Michael J. M 'chak, Sr., Defendant
177
-'
F
h
SHARON L. MATICHAK,
Plaintiff
VS.
MICHAEL J. MATICHAK, SR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-3003 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§ 3301(c) AND § 3301(d) 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. § 4904 relating to unsworn
falsification to authorities.
Date: ?--? 2 - O J0
Michael J. M tichak, Sr., Defendant
C? ?? ?:,_
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spa .?.,
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V::= ? -?
SHARON L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : CIVIL ACTION -LAW
MICHAEL J. MATICHAK, SR., : NO. 03-3003 Civil Term
Defendant : IN DIVORCE
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on
June 24, 2003.
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 are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn
falsification to authorities.
Date / 9 'fae ? p7', riC a-C _ '
?? Sharon L. Matichak, Plaintiff
1?.??l? a s 4 ue:.
2009 MAR 31 PH L * 10
:t
SHARON L. MATICHAK,
Plaintiff
VS.
MICHAEL J. MATICHAK, SR.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
NO. 03-3003 Civil Term
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§ 3301(c) AND § 3301(d) OF THE DIVORCE CODE
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. § 4904 relating to unworn
falsification to authorities.
Date: b[ a c.e? / ?1', o? dd 9'`!? Ut • ??
SHARON L. MATICHAK
2009 MAR 31 Fit `•;
SHARON L. MATICHAK, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 03 - 3003 CIVIL
MICHAEL J. MATICHAK, SR.,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this 104- day of (14G?S
,
2009, the economic claims raised in the proceedings having been
resolved in accordance with a property settlement and
separation agreement dated March 6, 2009, the appointment of
the Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final decree
in divorce.
cc: ZAnthony L. DeLuca
Attorney for Plaintiff
" Michael J. Matichak
Defendant
BY THE URT,
1 G11 i
Edgar B. Bayley, P.J.
VW9 1 Q WJ 1- 68Z
0111'07%2003 15:40 FAX
12 006%0116
THIS AGREEMENT, made this 4VA day of & , 2009, by and between
SHARON L. MATACHIK, (hereinafter referred to as "Wife") and MICHAEL J. MATICHAK,
SR., (hereinafter referred to as "Husband"):
ARTICLE I
SEPAR ATTC)N
1.01 Separatinn of Partins Differences have arisen between the parties as a result of which
they have been living separate and apart since February 22, 2003, with Wife residing at
1928 A Fry Loop Avenue, Carlisle, Pennsylvania 17013 and with Husband residing at 77 North
Main Street, Apartment 402, Carbondale, Pennsylvania 18407.
1.02 Tntenfinn to Live Aram The parties intend to maintain separate and permanent
domiciles and to live apart from each other. It is the intention 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
and to settle all financial and property rights between them.
ARTICLE Il
ENFORCEABILITY ANT) CCINSIDERATION
2.01 Rquitable. Distribution of Marital Pmnerty_ The parties have attempted to divide their
marital property in a manner which conforms to the criteria set forth in Sec. 3502 of the
Pennsylvania Divorce Code, 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 one party to the
education, training, or increased earning power of the other party; the opportunity of each party for
future acquisition 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 marital property,
including the contribution of a party 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.
2.02 Enforceability and C'.nnsideration This Agreement shall survive any action for
divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to enforce the terms of this
Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The
consideration for this contract and Agreement is the mutual benefits 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,
2.03 Agreement Not Pre icaterl nn Divorce It is specifically understood and agreed by
and between the parties hereto and each of the said parties does hereby warrant and represent to the
other, that the execution and delivery of this Agreement is not predicated upon nor made subject to
any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of
01/07/2009 15:40 FAX
Z 004%016
any action for divorce; provided, however, that nothing contained in this Agreement shall prevent
or preclude either of the parties hereto from commencing, instituting or prosecuting any action or
actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent
either party from defending any action which has been, may or shall be instituted by the other party,
or from making any just or proper defense thereto. It is warranted, covenanted, and represented by
Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this
warranty, covenant and representation is made for the specific purpose of inducing Husband and
Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby
waive any and all possible claims that this Agreement is, for any reason, illegal or for any reason
whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby
warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped
from asserting any illegality or unenforceability as to all or any part of this Agreement.
ARTICLE Ill
-EQjTITART.F T)1VISION OF PERSONAT_ PROPERTY
3.01 E uitahle Division of Par,cnnal Proper T
(a) The parties agree that the personal property has been divided in a manner
satisfactory to both parties.
(b) The parties agree that title to property remaining in the hands of each party is in
that party, and that neither will make a claim against the other for any item now in the possession of
the other.
ARTICLE IV
ALMAONY, AT B40NY PFNDENTF. T TTF,, C QL NSFI FEES FX !FXSFS, AND PENSION
4.01 Husband is a retired employee of the Commonwealth of Pennsylvania and, at the
time of retirement, Husband selected retirement benefits under the terms of Option 1 with a full
Option 4 withdrawal which entitled him to receive $30,661.92. Husband elected to withdraw the
$30,661.92 in its entirety at retirement. Husband has stated in Court that he had spent all of the
Option 4 money but for a few thousand dollars. The parties agree that Wife would have been
entitled to 50% of the $30,661.92 and that Husband did not share any of that money with Wife.
Husband agrees that Wife shall receive $350.00 per month from Husband's annuity for the
balance of Husband's lifetime. Wife shall also receive $20.00 per month as payment against
arrearages totaling $15,330.96 until such time as the arrearages have been paid. In the event Wife
predeceases Husband, Wife's estate shall receive $370.00 per month from Husband's annuity until
such time as the Husband's arrearages have been paid in full. If Husband dies after the Wife's
death but before Husband's arrearages have been paid in full, Wife's estate shall receive the amount
of arrearages outstanding at the time of Husband's death, not to exceed the amount of the
Husband's Option 1 death benefit.
The terms stated herein above shall be set forth in a Qualified Domestic Relations Order in
a form satisfactory to the Commonwealth of Pennsylvania. Husband agrees that he shall execute
any and all documents required by the Commonwealth of Penmsylvania in order to obtain a
Qualified Domestic Relations Order in a timely manner. Husband further agrees that Wife shall be
entitled to receive 50% of any future cost of living adjustments received by Husband from increases
to his monthly State pension, which increases shall also be incorporated into the Qualified
01/07/2009 15:40 FAY
00051/016
Domestic Relations Order referred to hereinabove.
Husband has previously executed a Retired Member Beneficiary Nomination provided by
the State Employees Retirement System of the Commonwealth of Pennsylvania wherein he named
wife, Sharon Matichak, as 100% principal beneficiary. Said Retired Member Beneficiary
Nomination provides for the payment of 100% of the proceeds left in his retirement account with
the Commonwealth of Pennsylvania, State Employees Retirement System be paid to wife, Sharon
Matichak. Husband agrees that he shall not change the principal beneficiary or any other
beneficiary of the Retired Member Beneficiary Nomination to anyone. A copy of the Retired
Member Beneficiary Nomination acknowledged and approved by the State Employees Retirement
System on July 13, 2007 is attached hereto, marked as Exhibit "A" and incorporated herein by
reference.
4.02 Wife and Husband hereby waive, except for the pension and State Employees
Retirement account more fully set forth hereinabove in Paragraph 4.01, any further or future claims
which either of them may now have or may hereafter have against the other with regard to any
further equitable distribution of marital property, or for any claim of spousal support or alimony,
alimony pendente lite, counsel fees and expenses or for any other form of consideration which
either parry might hereafter make claim, specifically and completely waiving any rights which
either of them may have under the Pennsylvania Divorce Code, effective July 1, 1980. Excluded
from this section are the pension and State Employees Retirement account as set forth in Paragraph
4.01 hereinabove. Wife shall be entitled to those assets as stated hereinabove in Paragraph 4.01.
ARTICLE V
F.NPR AT . PROVY 10MS
5.01 CTeneral RPleace of All Claims Each party hereto releases the other from all claims,
liabilities, debts, obligations, actions, and causes of action of every kind that have been incurred
relating to or arising from the marriage between the parties. However, neither party is relieved or
discharged from any obligation under this Agreement or any other instrument or document
executed pursuant to this Agreement.
5.02 SuhsVgnent T)ivnrrt- Nothing herein contained will be deemed to prevent either of the
parties from maintaining a suit for absolute divorce against the other in any jurisdiction based upon
any past or future conduct of the other, nor to bar the other from defending any such suit. In the
event any such action is instituted or concluded, the parties will be bound by all the terms of this
.Agreement.
5.03 Waiver of Fatate Claim Except as otherwise herein provided, each party hereby
waives, releases and relinquishes any and all rights that he or she may have or may hereafter acquire
as the other party's spouse under the present or future laws of any jurisdiction as follows;
(a) to elect to take against the will or codicils of the other party now or hereafter
enforced;
(b) to share in the other party's estate in cases of intestacy;
(c) to act as executor or administrator of the other party's estate; and
(d) the right to alimony, support, alimony pendente lite, attorney's fees, and
equitable distribution.
5.04 No Debts and Indemnificalian_ Each party represents and warrants to the other that he
or she will not incur any debts, obligation or other liability, other than those already described in
this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any
01/07/2003 15:40 FAX
z ooc/ois
claim, action, or proceeding is hereafter initiated seeking to hold the other party liable for any other
debt, obligations, liability, act or omission of such party or for any obligation assumed by a party
hereunder, the party liable will, at his or her sole expense, defend the other against any claim or
demand, whether or not wellfounded, and that he or she will indemnify and hold harmless the other
party in respect to all damages resulting therefrom.
5.05 F„dl nisdamire Each party asserts that he or she has made a full and complete
disclosure of all of the real and personal property of whatsoever nature and wheresoever located
belonging in any way to each of them, of all debts and encumbrances incurred in any manner
whatsoever by each of them, of all sources and amounts of income received or receivable by each
party, and of every other fact relating in any way to the subject matter of this Agreement. These
disclosures are part of the considerations made by each party for entering into this Agreement.
5.06 Rigbtt In Live Se an rgtely and Epe from Interference Each party will live separately
and apart from the other at any place or places that he or she may select. Neither party will molest,
harass, annoy, injure, threaten, or interfere with the other party in any manner 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 will interfere with the
use, ownership, enjoyment or disposition of any property now owned or hereafter acquired by the
other.
5,07 Agreement VolttpialU and -Clearly Understood Each party to this Agreement
acknowledges and declares that he or she, respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of independent
counsel, or having been advised of his right to such counsel;
(c) Has given careful and mature thought to the making of this Agreement;
(d) Has carefully read each provision of this Agreement;
(e) Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
5.08 Default If either party fails in the due performance of any of his or her marital
obligations hereunder, the party not in default will have the right to act against the other, at his or
her election, to sue for damages for breach hereof, or to rescind this Agreement or seek such other
legal remedies as may be available to either party. Nothing herein shall be construed to restrict or
impair either party to exercise this election.
5.09 Amenrdment ar Mori firation_ This Agreement maybe amended or modified only by a
written instrument signed by both parties.
5.10 Siiergecnrc anti AtzC1gr18 This Agreement, except as otherwise expressly provided
herein, will be binding on and inure to the benefit of the respective legatees, devisees, heirs,
executors, administrators, assigns, and successors in interest of the parties.
5.11 Law Ginveming Agreement _ This Agreement will be governed by, and will be
construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date
of execution hereof
01/07/2009 15:41 FAX
/?Ji 0071/0 16
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals,
intending to be legally bound hereby, the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Sharon L. Matichak
EYa-?EAL)
(SEAL)
?? Michael J. Matichak Sr.
01%071/2009 15.41 FAX
COMMONWEALTH OF PENNSYLVANIA
' STATE EMPLOYEES' RETIREMENT SYSTEM
SERS COUNSELING CENTER - KULETON
100 W BROAD ST
306 BUSINESS EXCHANGE
HAZLETON. PA 18201
TOLLFREE:1-800-8333461
www.sers.stma.pams
?jr OOSi 016
? RETIRED MEMBER BENEFICIARY NOMINATION 4 REGION S
I FIRST MODLE LAST YOUR SOCIAL SECURITY NUMBER:
NAME: ? MICHAEL J MATICHAK
187-40-6804
STREET 77 NORTH MAIN ST
APPREss! ' APT 402
MI. su», pp: t CARBONDALE, PA 18407 phonkCj 70, 51 ?..
PART A - PRINCIPAL. SENEFICIARY(IES) In Ilm event a my aoalh any ramstnlnp balance of mr Account a?u l
W'palc is dse+prwtoo 1.2
Pay to one person, estate or trust ? Pay to more than one person alm utely
? Pay to more than one person, eetale or trust In equal shares with rights to survivors ? Distribute In deagneted percenlages as Shown
Percent Full Name Birth Date AWftsa (street address, city, state, zip code)
101b; &a rc m n a+ 6A Ct .IC "I 1 Ua A Vkv LnAO ALW PA gj j cv ¢ _ Pe rIcu
Total must equal 100 %
PARTS-CONTINGENT BENEFICIARY(IES ) a ot the ?"°'d'ia v+i ea, amrematnlnp mr
acoouro sAu be Reid as aaiQnerad below,
Per?snt Full kame 81r1h Dats AOdrm (streot addrose, city, state, >Jp code)
1(A ZiIS04 ?o`?- . l?S Hof &o oodr 'Vn f!e
? a v!?' 7aS'a
Total must equal 110 %
%. - %xLxmnurAN ?REOUTAED FOR ANY BENEFICIARY OR DESIGNATED SURVIVOR UNDER 18 YEARS OF AGE
6uardlan's Full Nome Addreee (SIMI: address, clty, state, zip code) Name of Beneficiary
SERS`403 (82004) 1 IR111 1111111111111111111111111111111111111111lull 11111111111111111111111
Ax:VU'r?, I :.
SHARON L. MATICHAK,
Plaintiff
VS.
MICHAEL J. MATICHAK, SR.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVII. DIVISION
I
NO. 3003-2003, CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for entry of a divorce decree:
1. Ground for divorce:
Irretrievable breakdown under §3301(c)
3M?4XJ0 of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the comp!aint
Restricted.
June 28, 2003 Cejrtified mail-
3.
4.
Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by §3301 (c? of the Divorce Code:
by plaintiff March 19, 2009 by defendant Au ust 22, 2008
(b) (1) Date of execution of the affidavit required by §3301(d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
Related claims pending: NONE
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file
copy of which is attached:
(b)
Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was
the Prothonotary: March 30, 2009
Date defendant's Waiver of Notice in §3301 (c) Divorce was fil
the Prothonotary: August 22, 2008
e to transmit record, a
with
with
for Plaintiff / Cent
n
i Vo
1
is liATM
r
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
SHARON L. MATICHAK,
V.
MICHAEL J. MATICHAK, SR.
NO. 03-3003
DIVORCE DECREE
4- /0.30 CL
AND NOW, , it is ordered and decreed that
SHARON L. MATICHAK, , plaintiff, and
MICHAEL J. MATICHAK, SR. , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
NONE
Attest:
J.
Prothonotary
r
ple
0
MAY 1 8 2009U.
L. MATICHAK, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION -LAW
J. MATICHAK, SR., NO. 03-3003 Civil Term
Defendant : IN DIVORCE
STIPULATION AND AGREEMENT
FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER"
NOW, this day of M&.
, 2009, the parties, Sharon
L. Maticl ak, Plaintiff, and Michael J. Matichak, Sr., Defendant, having been divorced by
Decree d?ted April 14, 2009 of the Court of Common Pleas of Cumberland County,
entered at Docket Number 03-3003, do hereby stipulate and agree as follows:
1
The Defendant, Michael J. Matichak, Sr., (hereinafter referred to as
is a member of the Commonwealth of Pennsylvania State Employees'
System (hereinafter referred to as "SERS").
SERS, as a creature of statute, is controlled by the State Employees'
Retireme
3.
Security i
4.
Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code")
Member's date of birth is August 8, 1949, and the Member's Social
is 187-40-6804.
The Plaintiff, Sharon L. Matichak, (hereinafter referred to as "Alternate
Payee") is the former spouse of Member. Alternate Payee's date of birth is July 1, 1945
and
5.
Payee's Social Security number is 162-36-2687.
Member's last known mailing address is:
3
01/07/2009 15:41 FAX 14010/016
77 North Main Street - A t. 402
Carbondale Penns vania 18407
Alternate Payee's current mailing address is:
1928 A Fry Loon Avenue
Carlisle Pennsylvania 17013
It is the
ibility of Alternate Payee to keep a current mailing address on file with
SERS atlall times.
Alternate Payee's share of Member's retirement benefits is $ 350.00 per
month together with $20.00 per month as payment against arrearages as further specified
in Para0aph 10. If Member predeceases the Alternate Payee but before Member's
have been paid in full, Alternate Payee shall receive the amount of arrearages
at the time of Member's death, not to exceed the amount of the Member's
Option 1 I death benefit.
Member's retirement benefit is defined as all monies paid to or on behalf
of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc
but excluding the disability portion of any disability annuities paid to Member
by SERS as a result of a disability which occurs before Member's marriage to Alternate
Payee or Mier the date of Member's Alternate Payee's final separation. Member's
benefit does not include any deferred compensation benefits paid to Member
by SERS or any enhancements to the member's retirement benefit arising from post-
monetary contributions made by Member. The equitable distribution portion
of the marital property component of Member's retirement benefit, as set forth in
Seven (7), shall be payable to Alternate Payee and shall commence as soon as
01/07/2009 15:41 FAX
adminis?
SERS a?
Agreeme:
to the e t
benefit o
upon app
of the
payees
feasible on or about the date Member actually enters pay status and
a Domestic Relations Order incorporating this Stipulation and
whichever is later.
Member hereby nominates Alternate Payee as an irrevocable beneficiary
it of Alternate Payee's equitable distribution portion of Member's retirement
any death benefits payable by SERS, This nomination shall become effective
oval by the Secretary of the Retirement Board, or other authorized
ive of the Secretary, of any Domestic Relations Order incorporating this
and Agreement. The balance of any death benefit remaining after allocation
:able distribution portion payable to Alternate Payee and any other alternate
ied under other SERS-approved Domestic Relations Orders (`Balance") shall
be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries
Form filed with the Retirement Board prior to Member's death,
I the last Nomination of Beneficiaries Form filed by Member prior to Member's
death (a predates any approved Domestic Relations Order incorporating this Stipulation
and Agr ement, and (b) for purposes of paying the Balance via the last Nomination of
Benefici 'es Form filed with Retirement Board prior to Member's death, Alternate
.Payees all be treated as if Alternate Payee predeceased Member. No portion of the
Balance hall be payable to Alternate Payee's estate.
addition, Member shall execute and deliver to Alternate Payee an
in a form acceptable to SERS, which will authorize SERS to release to
Payee all relevant information concerning Member's retirement account.
14011/016
01/07/2000 15:41 F,qX 012/016
0. The term and amounts of member's retirement benefits payable to
Payee after SERS approves a Domestic Relations Order incorporating this
on and Agreement depends upon which option(s) Member selects at retirement.
and Alternate Payee expressly acknowledge that Member previously retired
under the terms of Option 1 with a full Option 4 withdrawal. Member and Alternate
Payee expressly acknowledge that Member's retirement option selection is final, binding
and
Payee shall receive $350.00 per month from Member's annuity for the
balance of Member's lifetime.
Payee shall also receive $20.00 per month as payment against
totaling $15,330.96 until such time as the arrearages have been paid. In the
event Alternate Payee predeceases Member, Alternate Payee's estate shall receive
$370.00 per month from Member's annuity until such time as the Member's arrearages
have been paid in full. If Member dies after the Alternate Payee's death but before
s arrearages have been paid in full, Alternate Payee's estate shall receive the
amount of arrearages outstanding at the time of Member's death, not to exceed the
amount Of the Member's Option 1 death benefit.
and Alternate Payee agree to notify SERS in writing, delivered via
Mail, not more than three months before the month Alternate Payee's equitable
portion will be paid in full, that Member's account should be reviewed for
with the terms of this Paragraph 10. SERS shall have no responsibility to
monitor the total of payments to Alternate Payee.
01 /0 X12009 15:41 FAX
after rec
paid AIt
may but
amount
over pa}
dispute j
SERS ac
S shall cease payments to Alternate Payee within a reasonable period of time
of said notice to review Member's account and its determination that it has
to Payee's full distribution share, as set forth in Paragraph 7 above. SERS
11 not be required to make a partial payment so as to avoid exceeding the total
Alternate Payee. The parties agree that SERS shall not be held liable for any
it made to Alternate Payee. The parties agree to hold SERS harmless in any
payment of Alternate Payee's equitable distribution share of Member's
11. Alternate Payee may not exercise any right, privilege or option offered by
SERS_ ERS shall issue individual tax forms to Member and Alternate Payee for
amounts paid to each.
1 In the event of the death of Alternate Payee prior to receipt of all of
payment payable from SERS under a Domestic Relations Order incorporating this
and Agreement, Alternate Payee's estate shall received $370.00 per month
from Me
Paragrap
1.
that are
provided b
SERS as
options o 1
s annuity until such time as the Member's arrearages referred to in
10 have been paid in full.
In no event shall Alternate Payee have benefits or rights greater than those
to Member. Alternate Payee is not entitled to any benefit not otherwise
SERS. Alternate Payee is only entitled to the specific benefits offered by
in this Stipulation and Agreement, All other rights, privileges and
by SERS not granted to Alternate Payee by this Stipulation and
are preserved for Member, Member and Alternate Payee acknowledge that
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01107.12009 15:42 FAX
benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to
the Publ$c Employee Pension Forfeiture Act, 43 P. S. § 1311, et seq,
14. It is specifically intended and agreed by the parties hereto that any
basis of
living a 'u
shall be n
Member,
1.
Relations Order incorporating this Stipulation and Agreement:
(a) Does not require SERS to provide any type of benefit, or any option, not
provided under the Retirement Code;
Does not require SERS to provide increased benefits (determined on the
value) unless increased benefits are paid to Member based upon cost of
or increases based on other than actuarial values. Alternate Payee
tled to receive 50% of any future cost of living adjustments received by
The parties intend and agree that the terms of this Stipulation and
shall be approved, adopted and entered as a Domestic Relations Order.
1 . The Court of Common Pleas of Cumberland County, Pennsylvania, shall
retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation
and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic
Relation Order; provided, however, that such amendment shall not require SERS to
provide any type or form of benefit, or any option not otherwise provided by SERS, and
further provided that such amendment or right of the Court to so amend will not
invalidate the parties' existing Domestic Relations Order.
1 . Upon entry of a Domestic Relations Order incorporating this Stipulation
and Agreement, a certified copy of the Domestic Relations Order and Us Stipulation and
U 014/016
and any attendant documents shall be served upon SERS immediately. Such
O1 JL;T/2003 15 : 42 FAX
Relations Order shall take effect immediately upon SERS approval and SERS
of any attendant documents and then shall remain in effect until such time as a
further Order of Court amends or vacates the Domestic Relations Order.
the parties, intending to be legally bound by the terms of this
Stipulation and Agreement, do hereunto place their hands and seals.
[SEAL]
Michael J. Mati ak, Sr., Member
/Yy
Atto for Member
[SEAL)
Sharon l . Matichak, Alternate Payee
for
Z 015/016
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