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HomeMy WebLinkAbout03-3280MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-.3,9f~9 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divome 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 marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLV. ANfA 17013~fl'~ ~//0 MAX J. SMITH, JR., E~quire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- dd,f'O CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, MARILYN Y. KAFKALAS, by her attomey, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, MARILYN Y. KAFKALAS, is an adult individual and citizen of the United States of America, whose address is 1817 Basin Hill Blvd., Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, PETER N. KAFKALAS, is an adult individual and citizen of the United States of America, whose address is 1817 Basin Hill Blvd., Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about February 3, 1973 in Harrisburg, Pennsylvania. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301 (c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 3301 (a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EOUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 14. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 18. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as though set forth in full. 20. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiting Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Dated: July ~ ,2003 ~~~ MAX J. SM TH, JR., l~tuire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SEPARATION AND PROPERTY SETTLEMENT AGREEMEN L' Made this _ day of BY AND BETWEEN PETER N. KAFKALAS hereinafter "Husband," _, 200xyd A N D MARILYN y. KAFKALAS, hereinafter "Wife." WHEREAS, the parties hereto are husband and wife, having been married on February 3, 1973 in Harrisburg, Dauphin County, Pennsylvania; and WHEREAS, at least one party is a resident of the Commonwealth of Pennsylvania and has been for at least the last six months; and WHEREAS, certain irreconcilable differences have arisen between the parties, as a result of which they lived separate and apart from one another and as a consequence of which Wife has instituted an action in divorce pursuant to Section 3301 of the Divorce Code in the Court of Common Pleas of Cumberland, Pennsylvania; and WHEREAS, the parties desire, without litigation, to enter into an agreement settling and determining all matters of whatever nature concerning their rights and obligations in relation to each other; and %I-tEREAS, it is the independent judgment of Husband and Wife, having had ample opportunity to consult with an attorney of their own choosing, and being fully advised of their respective rights, that the following provisions are in the best interests of the parties, all of the provisions hereof having been agreed upon between them without coercion, duress or undue influence on the part of either of the parties hereto as against the other party, and each of the parties being familiar with the financial and economic position of the other party, each having made full and complete disclosure of all assets owned and possessed by the parties at the time of the Agreement. NOW THEREFORE, in consideration of the covenants and promises hereinafter mutually agreed to be kept by each party, as well as for other good and valuable consideration, the parties hereto, intending to be legally bound hereby, have agreed as follows: 1. INCORPORATION. The foregoing recitals are incorporated herein and made a part as if set forth at length. 2. SEPARATION AGREEMENT. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. 3. DIVISION OF MARITAL PROPERTY. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code as amended, and taking into account the following considerations: the length of the marriage; and prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties; the contribution by 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 of dissipation of each party in the acquisition, preservation, depreciation or appreciation of the 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; the economic circumstances of each party, including Federal, State and local tax ramifications, at the time the division of property is to become effective; and whether the party will be serving as the custodian of any minor children. A. REAL ESTATE. Husband and Wife acknowledge that they have resolved their claims to the marital residence located at 1817 Basin Hill Blvd., Carlisle, Cumberland County, Pennsylvania. Pursuant thereto, Husband and Wife have agreed to sell said marital residence. Husband and Wife agree that any proceeds from the sale of the marital residence at 1817 Basin Hill Blvd. will be split with forty-five percent (45%) of said proceeds to Husband and flAy-five percent (55%) of said proceeds to Wife. Additionally, Husband and Wife agree that Husband, who conducts business as a realtor, has the exclusive right to list the marital residence at 1817 Basin Hill Blvd. as seller's agent thereo£ Further, Wife agrees that Husband has the right to be Wife's buyer's agent for the purchase of her subsequent residence. Husband and Wife agree to promptly execute any documents required by the sale, or purchasers, of said marital residence real estate to clear title to the property and to effect settlement on time. Husband and Wife acknowledge they have resolved their claims to the marital cabin located at Lot 20, Terrace Mountain Development, Huntingdon, PA 16652. Husband and Wife agree that the cabin will be transferred such that Husband will possess sole title, as an inter-spouse transfer. Said transfer to occur prior to transmittal of the Praecip of Divorce. Husband agrees to pay Wife one hundred dollars ($100.00) per month for eighty-one (81) months for a total of eight thousand, one hundred dollars ($8,100.00) in consideration for transfer of the title of the cabin to Husband. Husband and Wife agree that payment of each monthly amount may be made at any time during each 1179943, and that Husband will have all right, title and interest to both accounts and any proceeds or benefits therefrom. Husband and Wife do hereby release, remise and quitclaim all right, title and interest to the IRA accounts in the name of the other party. D. INVESTMENT ACCOUNTS. Husband and Wife agree that Husband will retain sole and exclusive possession of the DRP investments, account numbers 0000218072, 8852-9036, KAFKALAS-PETEN 0000. Husband will retain all fight, title and interest to said DRP investments. Wife hereby releases, remises and quitclaims all right, title and interest to the DRP investments, in their entirety including, but not limited to, any right, title or interest to each individual investment or account. Additionally, Wife will retain fifty-five percent (55%) of the current value, as of the date of divorce, of the Ameritrade account, account number 770-194359, assets. Husband will receive forty-five percent (45%) of the current value of said Ameritrade account assets as of the date of divorce. Additionally, as of the date of divorce, Husband will become the sole and exclusive possessor, and owner of the Ameritrade account. Wife hereby releases, remises and quit-claims all right, title and interest, other than the aforementioned fifty-five (55%) of current value as of the date of divorce, to the Ameritade account and to any future assests or returns of said account after the date of divorce. Husband and Wife agree to promptly execute any documents required to effectuate said tranfer and possession of assets. E. CHECKING ACCOUNTS, SAVINGS ACCOUNTS AND CREDIT CARDS. Husband and Wife acknowledge that each party will retain sole and exclusive possession of all personal checking accounts and saving accounts which are in the name of one party only. Both parties do hereby release, remise and quit claim all fight, title and interest to any amounts in any accounts that are solely in the name of the other party. The current joint checking account, account number 1830366~02-5 shall remain in effect, accessible to both parties, designated solely to pay household bills limited to mortgage payments, utilities, Wife's Saturn car payment and Saturn car insurance and the joint credit card debt and associated monthly payments. Mortgage payments are limited to those payments arising from the two properties at 1817 Basin Hill Blvd, Carlisle, PA and Lot 20, Terrance Mountain Development, Huntingdon, PA. Said joint checking account will remain open until final divorce date at which point the parties hereby agree that the account will be closed and and the remaining proceeds will be split with fifty percent (50%) to Husband and fifty percent (50%) to Wife. Husband and Wife hereby agree that all joint accounts, other that the joint checking account, account number 1830366-02~5, detailed above, are to be closed no later than the date of the signing of this document. Husband and Wife agree to promptly execute any documents required in order to effect timely closure of any other joint accounts prior to, or at, the date of the signing of this document. Husband agrees to assume one hundred percent (100%) of the outstanding credit card debt upon date of divorce. This includes, but is not limited to, any outstanding debt on the GE Mastercard, account number 5544530305937359, the Citi Card, account number 5424181024782596, the Capital One card, account number 4305721831340075, and Discover Card, account number 6011002330503517. Husband and Wife further agree that prior to the date of divorce all monthly payments required by these cards will be paid from the joint checking account, account number 1830366-02-5, as detailed above. F. HEALTH CARE. Husband and Wife acknowledge that they have resolved their claims to health care such that Husband will remain responsible and will provide for Tricare Prime coverage, supplemental health coverage and dental insurance for Wife, for life, so long as Wife does not remarry. In the event that Wife should remarry, Husband's liability to provide health coverage and dental coverage is extinguished and ended. Husband and Wife agree that Husband may disenroll Wife from any and all coverage upon the date of her remarriage. Wife hereby releases, remises and quit claims all right, title and interest to any health and/or dental coverage from the date of any remarriage, of Wife, subsequent to the signing of' the instant document. Husband's responsibility to provide health and dental coverage does not re-arise should Wife's remarriage be ended, terminated, or suspended for any reason. G. PETS. Husband and Wife acknowledge that they have resolved their claims to the pets as follows: Wife will retain sole and exclusive possession of Feta and Fenikia. Husband will retain sole and exclusive possession of Belle. Each party will have the right to temporary possession, similar to partial custody if said pet was a child, of the pet(s) in the possession of the other party in the event it is necessary or as agreed to by the parties. H. OTHER MARITAL PROPERTY. The parties are currently in possession of all other personal property which they have to retain as their sole and exclusive possession. Personal property includes, but is not limited to, housewares, furniture, appliances, tools, and entertainment items. The parties do hereby release, remise and quitclaim all right, title and interest to property in the possession of the other party at the date of the signing of the instant document. Both Husband and Wife agree to promptly turn over to the other party any property specific items necessary for the maintenance or operation of any personal property that is in the possession of the other party. This provision is specifically intended to be limited to items such as vacuum cleaner belts and air conditioner filters which have no other reasonable use beyond employment with the specific piece of property they were designed to function with. 4. DEBTS AND OBLIGATIONS. The parties acknowledge that from the time of their separation to the date of this Agreement that each has incurred various financial obligations individually, and each party agrees to be responsible for and to pay all such individual obligations which he or she may have contracted, and each party hereby further agrees to indemnify and save harmless the other against any and all loss, damage, action, claim, cost or expense which may result from the failure of such party to pay such obligations as and when they may become due. 5. RELEASES. Each party for himself or herself, his or her heirs, executors, administrators or assigns does remise, quitclaim and forever discharge the other part, his or her heirs, executors, administrators or assigns, or any of them of any and all claims, demands, damages, actions, causes of actions, or suits at law, in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by the other party prior to and including the date hereof, this release shall in no way affect the cause of action in divorce which has been instituted. 6. VOLUNTARY AGREEMENT. The provisions of this Agreement and their legal effect are fully understood by the parties hereto after having ample opportunity to review and discuss the provisions hereto as well as questions pertinent thereto, Husband being represented by Dirk E. Berry, Esquire and Wife being represent by Max J. Smith, Jr, Esquire. The parties acknowledge that they fully understand the facts and are fully informed as to their legal rights and obligations. They acknowledge and accept this Agreement as fair and equitable, that it is being entered into freely and voluntarily and that the execution of this Agreement is not the result of any duress or undue influence. 7. OTHER DOCUMENTS. The parties covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary, or desirable for the proper implementation of this Agreement. 8. CONTROLLING AGREEMENT. Husband and Wife acknowledge that they have executed a two page document titled "Property Settlement Agreement (updated as of 30 September 2003)" which Husband signed on September 30, 2003 and which Wife signed on October 5, 2003. Husband and Wife hereby agree that the instant document supersedes and controls said "Property Settlement Agreement (updated as of 30 September 2003)" in the event of any discrepancies, or uncertainties of interpretation given rise by the existence of the two documents. In all such instances, the instant agreement will control. Where the instant agreement is silent, as to a provision included in the "Property Settlement Agreement (updated as of 30 September 2003)" then said "Property Settlement Agreement (updated as of 30 September 2003)" remains in effect. The instant agreement specifically overcomes any interpretation that the language of the "Property Settlement Agreement (updated as of 30 September 2003)" document indicating it is irrevocable might control any subsequent document. Both parties hereby acknowledge that the instant document is not invalidated, or limited, in any way by said language in the previous "Property Settlement Agreement (updated 30 September 2003)" document. Further, the parties agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever other than those herein contained. This Agreement thereby constitutes the entire understanding between the parties. 9. MODIFICATION AND WAIVER. No modification of any of the terms of this Agreement shall be valid unless in writing and executed with the same formality as this Agreement. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 10. INTERPRETATION. This Agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania as of the date of this Agreement. If either party commences an action against the other to enforce any of the terms of this Agreement or because of the breach by either party of the terms hereof, the losing or defaulting party shall pay the prevailing party the reasonable attorneys' fees, costs and expense incurred with the prosecution or defense of such action. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto executed this Agreement. WITNESS: ~l-~ter N. Kafkalas e ~ ~7 "' Marilyn Y. K~fkalas IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto executed this Agreement. WITNESS: ~eter ~-Kafkalas -~ Marilyn Yu/ta~a~s {_/' '' MARILY'N y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03280 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 1 lth day of July, 2003, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7002 0860 0004 2141 8515 at Hershey, Pennsylvania, addressed to: Peter N. Kafkalas 1817 Basin Hill Road Carlisle, PA 17013 Mailing and return receipt cards attached hereto. I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, DieUerick & Connelly LLV P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Z MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03280 C1VIL TERM CiVIL ACTION - LAW 1N DiVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03280 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: MA~_ILY~. KA~KALA~J' MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-03280 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: ~//~/~t::9 t~/ P~ETER N. KAFKA~A,~/ MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03280 CIVIL TERM CW1L ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DWORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divome without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. /? PETER N. I~a~FKAL~'' MARILYN Y. KAFKALAS, Plaintiff VS. PETER N. KAFKALAS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-03280 CiVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAEC1PE 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 Section (X) 3301 (c) ( ) 3301 (d) of the Divome Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on July 14, 2003. 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 January 27, 2004 ; by Defendant February 9, 2004 . (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the ; (2) date of service of the Plaintiff's affidavit upon the Divorce Code: Defendant: 4. Related claims pending: None Attorney for (X) P~tiff ( ) Defendant IN THE COURT Of COMMON PLEAS MARILYN Y. KAFKALAS, Plaintiff PETER N. OF CUMBERLAND COUNTY STATE Of .~. PENNA. VERSUS KAFKALAS~ Defendant NO. 2003-03280 CIVIL TERM DECREE iN DIVORCE AND NOW, DECREED THAT AND MARILYN Y. KAFKALAS PETER N. KAFKALAS , 2004 , IT IS Ordered AND , PLAINTIFF, , 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; Marital Settlement Agreement dated 9 February 2004, is hereby incorporated into the Final Divorce Decree. BY THE COURT: ~:~ROTH O N OTA RY