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HomeMy WebLinkAbout99-07208 (2)IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Y PENNA. ?ryyY'}. 1 h PATRICIA A. PULASKI, _ No. 99-7208 CIVIL TERM Plaintiff VERSUS MARK L. PULASKI, Defendant DECREE IN DIVORCE AND NOW, _d * 2005, IT IS ORDERED AND PATRICIA A. PULASKI PLAINTIFF. DECREED THAT AND MARK L. PULASKI 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; None. BY THE COURT: i ATTE J' PROTHONOTARY •?a I? I- ' I ' f t 01. r•e i 1. PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, IN THE HURT OF C01MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7208 CIVIL TERM Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the canolaint: Certified mail, restricted delivery, to the Defendant on December 3, 1999 and received by Defendant on December 4, 1999. 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 the plaintiff January 6, 2005 by the defendant January 6, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on January 6, OS d filed concurrently herewith. Waiver of Notice signed by Defendant on January 6 2005 ago fileWoncurrently herewith. Attorney for' Plaintiff/? Melissa Peel Greevy Atty ID No. 77950 5?7 C.: cc s =-- PATRICIA A. PULASKI, Plaintiff, vV. MARK L. PULASKI, Deiendant. IN TI fE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. `lq Ce6g9 IN DIVORCE NOTICE TO DEFEND AND CLAIM RM ITS You have been sued in court. If you wish to defend against the claims set forth in the foregoing pages, you must take prompt action. You are warned that il'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 other 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: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENTIS 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 TELEPFIONE TI 11- OFF ICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL. I IELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 PATRICIA A. PULASKI, Plaintiff. V. MARK L. PULASKI, Defendant. IN THE COURT 01' COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW No.%%• 7)0?Civil 1999 IN DIVORCE NOTICE OF AVAIL ARIL TTY OF COUNSFLING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Off ice. 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling. you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. PATRICIA A. PULASKI, Plaintiff, V. iN7ARK L. PULASKI, Defendant. IN THE COURT OP COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 9V-Vl Civil 1999 IN DIVORCE COiNIPLAINT IN I)IVORCE UNDER § 3301 (c) or § 3301(d) OF THE DIVORCE CODE, Plaintiff, by and through her attorney, Melissa Peel Greevy, respectfully represents: Plaintiff is Patricia A. Pulaski, who currently resides at 13 Fieldstone Drive. Mechanicsburg, Cumberland County, Pennsylvania, since 1986. 2. Plaintiffs Social Security Number is 192-31-6854. 3. Defendant is Mark L. Pulaski, who currently resides at 123 Beacon Drive, I htrrisburg, Dauphin County, Pennsylvania, since September, 1998. 4. Defendant left the marital domicile in September. 1998 and has not returned. 5. Defendant's Social Security Number is 181-44-8713. 6. Plaintiff and Defendant have both been bona tide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this complaint. 7. The parties were married on April 24, 1976 in Locust Gap, Northumberland County, Pennsylvania. 8. Plaintiff and Defendant are the parents of three minor children: li_t Kristy A. Pulaski Born 9-20-81 Age IS Amanda C. Pulaski Born 2-5-86 Age 13 David M. Pulaski Born 4-20-89 Age 10 9. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of] 940 and its amendments. I o. 'rhere have been no prior actions of divorce or annulment between the parties. I I . The marriage is irretrievably broken. 12. Plaintiff has been advised that counseling is available turd the Plaintiff may have the right to request the court require the parties to participate in counseling. 13. Plaintiff requests the court to enter a decree of divorce. 14. The parties may enter into a written agreement with regard to support, custody of the minor children, and economic issues. In the event that such an agreement is esccuted by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WI I REFORE. Plaintiff requests that your Honorable Court to enter a Decree in Divorce. divorcing Plaintiff and Defendant. COUNT II 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference as though set forth at length. 16. Plaintiff avers that she is the innocent and injured spouse, and that Defendant has orlered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 17. This action is not collusive. I ". 1 r WHEREFORE, Plaintiff requests that your Honorable Court to enter a Decree in Divorce. divorcing Plaintiff and Defendant. COUNT III GQUITAIILE DISTRIBUTION 18. Paragraphs I through 17 of this Complaint are incorporated herein by reference as though set forth at length. 19. PlaintifTand Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests that your Honorable Court to equitably divide all marital property. COUNT IV ALIMONY 20. Paragraphs 1 through 19 of this Complaint are incorporated by reference as ifset forth at length. 21. Plaintiff is employed by Dr. Jose Manjon and is earning an approximate gross income of $12,000 per year. 22. Defendant is employed as President of Keystone Financial Inc. and is earning an approximate gross income in excess of $300,000 per year. 23. Plaintiff has insufficient income and assets to provide for her reasonable needs during the course of this litigation. 24. Plainti ff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests that Your Honorable Court enter an order of alimony pendentc lite and alimony thereafter. COUNT V ALIMONY PENDENTE LITE/COUNSEL FEES AND EXPENSES UNDER § 3702 OF THE DIVORCE CODE 25. Paragraphs 1 through 24 of this Complaint are incorporated by reference as if set forth at length. 26. Plaintiff does not have sufficient funds to support herself and pay counsel Ices and expenses incidental to this action. 27. Defendant is full and well able to pay Plaintiff counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests that Your Honomble Court enter an order for alimony pendentc lite, counsel fees, costs and expenses. COUNT VI CUSTODY 28. Paragraphs 1 through 27 of this Complaint are incorporated by reference as if set forth at length. 29. Plaintiff seeks custody of the minor children born of this marriage, Kristy A. Pulaski Born 9-20-81 Age 18 Amanda C. Pulaski Born 2-5-86 Age 13 David M. Pulaski Born 4-20-89 Age 10 Said minor children reside with Plaintiff at 13 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania. 30. No other persons live with Plaintiff and the children. i i I I, i _1 31. Plaintiff has no information of any custody proceeding concerning the minor children pending in this or any other State. 32. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or any other court. 33. The minor children were not born out of wedlock. 34. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is and has always been the primary care giver for the minor children; b. The children need a consistent, familiar, stable home and school environment; C. Plaintiff will continue to cooperate with Defendant to permit frequent and continuing contact between the children and the Defendant; d. Defendant left the marital domicile in September, 1998 leaving the minor children in the sole custody of Plaintiff. 35. Each parent, whose parental rights to this child have not been terminated, and the parent who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, pursuant to the Custody Act, 23 Pa. C.S. § 5301, e1 se ., Plaintiff requests that Your Honorable Court grant shared legal and primary physical and of the children to Plaintiff and partial physical custody to Defendant. Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 I'a. Cons. Stilt. § 4904, relating to unsworn falsification to authorities. Date: 7/071. a-11 1,7 9 Date: l/-ay- i9 Patricia A. ' daski - PlaintifT Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenu Camp Hill, PA 171 (717) 763-8995 Counsel for Plainti ,4 rlf) V ?1 PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 99-7208 CIVIL TERM V. MARK L. PULASKI, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. n Date: /- L - 0.5 ( /' ?/? n , ' Patnaa A. Pulaski, Plaintiff :241770 1 _ 1 -711 5 12 GJ _ Cam: `- IN THE COURT OF COMMON PLEAS OF ATRICIA A. PULASKI, CIMBERLAND COUNTY PENNSYLVANIA Plaintiff NO, 99-7208 CIVIL TERM V. CIVIL ACTION - LAW MARK L. PULASKI, IN DIVORCE Defendant. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. urt 4. 1 have been advised of the availability of marriage counseling, understand tthatt and of to maintains a list of marriage counselors and that I may request the Court require my spouse ouse and I participate in counseling and, being so advised, I do not request that the court require that my sp participate in counseling prior to the divorce becoming final. 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. i Date: /- OG-OS :241770.3 Mark L. Pulaski, Defendant -. < s, Lit C_ =i L:J S?? `1 i 11 I ' i PATRICIA A. PULASKI, Plaintiff V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. 1 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. 1 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: Patricia A. Pulaski, Plaintiff ? , :241770.2 1 1 i V, ??? ? ?? ,. ? L'. _ .:J' t-' u:5._ ?;;? c 'r.. i - _ _ i)?.: L, c.? r_ ?.- LI-- _ =??? _ -_ !? O ?`? ?_.; ? Pd `- PATRICIA A. PULASKI, Plaintiff V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. 2. 1 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. 1 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:-/-06 -05 Mark L. Pulaski, Defendant :241770-4 CJ `Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Markct Street P. 0. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA A. PULASKI, V. MARK L. PULASKI, 1 Plaintiff Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because Check (i), (ii) or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. X (iii) The entry of a decree will cause prejudice to rights of Plaintiff who would lose protections she has as spouse with regard to marital assets and health insurance concerning which no agreement has been made and no order has been entered. 2. Check either (a) or (b): (a) I do not wish to make any claim for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. i - I verify that the statements made in this counter-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: S - 11, -613 ??(?G'uGCa CC . ? ?i Patricia A. Pulaski, Plaintiff NOTICE: If you do not wish to oppose the enl any claim for economic relief, you should not fit :217247 i IJ c ;n `i r , ' rri?eY rNl - i PATRICIA A. PULASKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAN VS. MARK L. PULASK19 Defendant No. 99-7208 Civil 1999 DIVORCE AFFIDAVIT OF SERVICE I, Debra A. Evangelisti, Paralegal, being duly swom according to law, depose and say that Defendant's Affidavit under Section 3301(d) of the Divorce Code was served upon the Plaintiff by depositing a copy in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire 301 Market Street Lemoyne, PA 17043 Attorney for Plaintiff G Debra A. Evangelisti, Paralegal to Lori K. Serratelli, Esquire BROWN SERRATELLI, SCHIFFMAN, & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant The document was received by the Plaintiff's Attorney on August 6, 2003 as evidenced by the attached return receipt card. Sworn and Subscribed to before me this d day Lt t of 4'1 2003. NO ARY, LIC My Commission Expires: 1151/i j Notarisl Seal EMY= E. floeU,, Np?yp?? b?. E ,=Cain. = -?IAl11tP?ll? e?aln ,... Ly ??G F. E•? I f7 f F 1 6aU•W'66365PA1 ldlowU wnloy opowoo agll b)QQQQ'?o Qhll SPA ? (aej W14 LAanllOo Poloplsou •V 0000 IIOW Pwnsul aslpuegwoyl lol ldleoay wnlay ? Polalsl6OH ? Ileyl sswdr3 p IIeW POUIPOO adAy aol S 'e ON 0 J'=` 9 sseiWx-AtenpeP +elua .S3A II soA ? l 1,"l,'[,'1 ea61PPa Zia sl ja aesewppv ? lua6V ? om dIS Alenl ao to el '8 (waalo rvpd asaao Av paAlaoay ro 6661 AInn we wlod Sd (7`I trINul o3was wwl Moo) laNmN alolW 'Z ^ 1 aUI,q kA ;1-l 01 PossmPPV OIOIVV '1 •sllwud ooeds II 1um1 e4l uo to 'eooldpuw o41 lo Aou4 04101 plea SIM 40e11V a •noA of Pluo 041 wnlm uuo oM 1u41 os esienel e41 uo ssmppo puu ewuu moA lupd s •peilsop sl NoAlloo Polol4sotl 111, well oleldwoo pslV . E puo'Z'1 swoll ololdwoo ¦ "' Y Q f ? \N 7i? l ) I v /"? : O ?QIJ Q J U Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys ter Plaintiff PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-7208 CIVIL TERM V. CIVIL ACTION - LAW MARK L. PULASKI, IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that on the day of August, 2003, that I served a true and correct copy of Plaintiff's Counter-Affidavit under Section 3301(d) of the Divorce Code upon Lori K, Serratelli, Esquire, counsel for the Defendant, addressed as follows: Lori K. Serralelli, Esquire Serralelli, Schiffman, Brown & Calhoon 2080 Linglostown Road Harrisburg, PA 17110 JOHNSON U IE, STEWART & WEIDNER By: M issa Peel Greevy :217624 r, '" v: f= I" IUD C )r` C^, -jam . - Ic9 •j?i 1J _ Cv I .'L re. "= i .i E' r . _ PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7208 Civil 1999 IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Defendant, Mark L. Pulaksi, intends to proceed with the above captioned matter.* Date: C/ -.42 'V 3 / 22? ?' Lon K. Serratelli SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant f` *Defendant filed a Petition for Bifurcation on August 1, 2003 and a hearing is scheduled for October 12, 2003. PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, do hereby certify that a copy of the foregoing was served upon the Plaintiff on September P, , 2003, by depositing a copy in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire 301 Market Street Lemoyne, PA 17043 Attorney ?f Ir Plaintiff Loy. St?rratelli SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant I _ I i r: of N r7 '•-7 v: • 7 .J S? PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v , NO. 99-7208 MARK L. PULASKI, : CIVIL ACTION - LAW Defendant Please enter the appearance of Lori K. Serratelli, Esquire, as attorney for the Defendant in the above-captioned matter. Dated: _ 42 h-219 % i ? aD_ _? Q- Lo cK. Serratelli, Esquire S TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 w ? v PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated in September 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorney'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 TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. 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. Dated: X603 MARK L. PULASKI cl S n ?a 5 t Ll !LY V S? i? c 77 PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, Defendant AU h 2003 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7208 Civil 1999 IN DIVORCE RULE TO SHOW CAUSE WHY BIFURCATION SHOULD NOT BE GRANTED AND NOW, this ?If) day of 1 `6[-<C , 2003, upon consideration of the within Petition, a Rule is entered upon Respondent to show cause why the request for bifurcation should not be granted. RULE RETURNABLE with hearing thereon the /Y/)day of (-t?(: 2003, at g 42>62 m, in Courtroom %-, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: A4- J. o? 6`7 1). n-'t ?? :•?agN L`ii .d1A PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. 99-7208 Civil 1999 : IN DIVORCE PETITION FOR BIFURCATION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES Petitioner, Mark L. Pulaski, by his attorney, Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON and requests that this Honorable Court grant him a Bifurcation in the above captioned matter and in support thereof, avers as follows: 1. Petitioner is the Defendant in the above-captioned matter. 2. Respondent is the Plaintiff in the above-captioned matter. 3. The parties were married on April 24, 1976 in Northumberland County, Pennsylvania. 4. On November 30, 1999, Respondent filed a Complaint in Divorce, alleging as the grounds therefore, the irretrievable breakdown of the marriage and indignities and also making claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fee and Expenses and Custody. 5. The parties have lived separate and apart since September 1998 as alleged in Defendant's Affidavit which is being filed with the Court simultaneously herewith. 6. The parties have been unable to resolve the ancillary economic claims to this divorce matter. 7. The Pennsylvania Divorce Code permits bifurcation where the parties have lived a separate and apart for a period of at least two years and where the marriage is irretrievably broken. 8. The granting of bifurcation will further the public policy considerations as set forth in the Pennsylvania Divorce Code of 1980, as amended, and will not prejudice the rights and interests of Respondent. WHEREFORE, Petitioner, Mark L. Pulaski, respectfully requests that this Honorable Court grant him a Bifurcation. Specifically, Petitioner requests that this Court bifurcate the divorce from the pending economic claims and reserve jurisdiction over the claims raised by the Petitioner. Respectfully submitted, Lori'k. erratelli, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Petitioner a VERIFICATION I verify that the statemmnts made in this Petition arc true and correct. I understand that false statements herein arc made subject to the penalties of IS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 14?X - Dated: 17 3(7 l MARk L.PULASKI -- ^7 _i i ?`> . ?1?? PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on Julyjq 2003, a copy of the foregoing Petition was served upon the Plaintiff/Respondent by depositing it in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire JOHNSON, DUFFLE, STEWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiff/Respondent Lo k. Serratelli, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant/Petitioner I ' '1 J LJ J -> _J U .'- I - PATRICIA A. PULASKI, Plaintiff, V. MARK L. PULASKI, IN TI-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW Defendant. No. 99-7208 Civil IN DIVORCE RETURN OF SERVICE The undersigned makes the following return of service: The Complaint was mailed to Mark L. Pulaski on December 3, 1999 via United States Mail at 3:30 p.m. at 214 Senate Avenue, Camp Hill, Cumberland County, PA 17011-2336. The Complaint was also mailed on December 3, 1999 via Certified Mail, Return Receipt Requested, Restricted Delivery. The signed receipt is attached. SIGNATURE AND AFFIDAVIT I, Melissa Peel Greevy, Esquire, Counsel for Plaintiff certify that I am a competent adult not a party to the action. 1 verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C. S. § 4904 relating to unswom falsification to authorities. Date: Melissa Peel Greevy, Esquire I. D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 ?,'".: ?, - -?-_ .? L> ?? L' )d(eoed wnlay onsewop esst jegweoea (lu yjo ee l (pled 61 001 pue ;?. pelsenbei/l Xlu) se Pd ,ea eiPPtl'8 (eWeN)upd) wloj Sd F X Ieu81a •q S ' :0 et : c nlleO to ele0'L Vol ?J p -) I ' 4001] esIPUB eiylolldleoey Wnle? ;5• insul ? Iraw said; p y peyµle0 peleisl8ey,m 3 e eoWe g1 , ?Svey, / 71 . : a J h v lA q legwnN eloytl's6 :oi Pas 76 •eel joijoiseugsodllnsuop M v1eP 041 Pm PannpeP avM aPNV vrp w04M 01 "40 IINI 4 I L0 NaAIIOQ PeloplsOU M 'Z •jagwnu ePlpo 041 Molaq eooldllvw e41 uo,polnnbod Idl S sselppv s,eesseippy ' L I :lei wvdv 111Pvq WI uo io,weldIRw e41 Lo Wo1L 041 I• :(BBJ wpfB IFli wnivl m William uuul al4uoauvnw erp w eewppv pi I ue lol) seopues 8ulxopol 'qv pua•ev I ey1 eAleaei 01 qSM 091111 -20owae Iauoplppe io1 a io/pm 1 21DWAIQ NI HAID 80ZL-66 *ON Al V'] - NOIIDV'IIAIJ VINVA'IASNNfld 'A.LNfIOJ QNV'IVd8Wn010 SV91d NOWWOJ JO,LxnoD aHI NI ?WNV'E vuanl t iwd . 3 1 • o I MOW IIEa ? m A o1?p1cJ aa 1 IoAWPd• 5 I leldwo3• a t teldwo3• a AON3S •luEpuap(I `INsvrInd "I mum A JJPu!Efd `INSV'Tnd •V VIOIJI.LVd ???a s? ... c; r? ?^ ' ? •.:: ?;;< - : .. ?? ? 41 (_t L J u. - 4? -- L_ L• .. C? ^ ? ?? `: yl \, PATRICIA A. PULASKI, : IN'fl lE COURT OF COMMON PLEAS OP Plaintiff : CUMBERLAND COUN'T'Y. PENNSYLVANIA VS. : 99-7208 CIVIL : CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this <: y' day of September, 2003, at the request of counsel for the parties, hearing in the above matter set for October 13, 2003, is continued to Thursday, December 4, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, h 4d, d, Kevin . 1-less, J. ,Melissa Peel Greevy, Esquire For the Plaintiff z7n? ,,L.ori K. Serratelli, Esquire Por the Defendant RK S t). PATRICIA A. PULASKI, IN TI IE COURT OP COMMON PLEAS OF Plaintiff CUMI3ER1,AND COUNTY, PENNSYLVANIA Vs. 99-7208 CIVIL CIVIL ACTION - LA W MARK L. PULASKI, Defendant IN RE: PETrfION FOR EIFURCA'r10N ORDER AND NOW, this day of December, 2003, at the request of counsel for the parties, hearing in the above matter set for December 4, 2003, is continued to Friday, February 20, 2004, at 1:30 p.m. in Courtroom Number 4. Cunnbcdand County Courthouse. Carlisle, PA. BY THE COURT, -; ?; I r , , " ? 1, /4 Kevjt A. Hess, J. ?Melissa Peel Greevy, Esquire For the Plaintiff 1> /Lori K. Serratelli, Esquire For the Defendant Am S? p1*LrIC r:;TARY OF r: ;. ?• 03Rr.-4 AlilO 23 f't 1 PENINSYW{ `Y PATRICIA A. PULASKI. : 1N TFIE COURT OP COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-7208 CIVIL CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this ?1r day of February, 2004, at the request of counsel for the parties, hearing in the above matter set for February 20, 2004, is continued to Wednesday, April 21, 2004, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kev' A. Hess, J. Melissa Peel Greevy, Esquire For the Plaintiff Lori K. Scrratclli, Esquire C For the Defendant Am `?i PATRICIA A. PULASKI. IN THE COURT OP COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA VS. 99-7205 CIVIL CIVIL ACTION - LAW MARK L. PULASKI. Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this 19 r day of April, 2004, at the request of counsel for the parties, hearing in the above matter set for April 21, 2004, at 2:00 p.m. is continued generally. BY THE COURT, Melissa Peel Greevy, Esquire For the Plaintiff Lori K. Serratelli, Esquire Por the Defendant :rlm AV" ?I?7 JAN 1 1 2005,,? Patricia A. Pulaski IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW Mark L. Pulaski NO. 99-7208 Defendant QUALIFIED DOMESTIC RELATIONS ORDER A. THE PLAN This Order is directed to the M&T Bank Corporation Pension Plan (the "Plan"), an employee pension benefit plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (the "Code"), and subject to the Employee Retirement Income Security Act of 1974, as amended CERISA"). B. PARTICIPANT AND ALTERNATE PAYEE follows: 1. (a) The name, address and Social Security number of the Participant are as Mark L. Pulaski 2354 Abbey Lane Harrisburg, PA 17112 Social Security No.: 181-44-8713 the Plan. (b) The Participant was employed by Keystone Financial and is a participant in 2. The name, address and Social Security number of the Alternate Payee are as follows: Patricia A. Pulaski 13 Fieldstone Drive Mechanicsburg, PA 17055 Social Security No.: 192-36-6854 C. AMOUNT TO BE PAID TO THE ALTERNATE PAYEE 1. There is hereby assigned to the Alternate Payee and, as provided in this Order, the Plan shall pay to the Alternate Payee 50% of the Participant's accrued benefit under the Plan, expressed as a single life annuity payable at the Participant's normal retirement age, determined j as of September 1, 1998, based upon the Participant's status under the Plan as of that date. The Alternate Payee's share of the Participant's benefit shall be actuarially adjusted for the Alternate Payee's life expectancy. 4.`.. ..• "I - i I_.r_ .I •.. ?? ;? J;.., !>> ,.:; III .. I Ct. fi'; QDRO Page 2 2. If the Plan pays a cost-of-living increase or any other postretirement benefit increase to the Participant, the benefit assigned to the Alternate Payee in Paragraph 1 above shall be increased to reflect the Alternate Payee's proportionate share of any such increase based on the Alternate Payee's percentage of the Participant's accrued benefit under the Plan, as set forth in Paragraph 1 above. 3. If the Participant retires under the early retirement provisions of the Plan and receives an early retirement subsidy therefrom, the Alternate Payee shall be entitled to receive a proportionate share of such subsidy based on the Alternate Payee's percentage of the Participant's accrued benefit, as set forth in Paragraph 1 above. D. TIME OF PAYMENTS TO THE ALTERNATE PAYEE The Plan shall begin to pay benefits under the Plan to the Alternate Payee as of the date elected by the Alternate Payee, which date shall not be earlier than the date on which the Participant attains (or would have attained) the earliest retirement age, as defined in Code section 414(p)(4)(B), under the Plan or such earlier date allowed by the Plan. E. FORM OF PAYMENTS TO THE ALTERNATE PAYEE The Alternate Payee shall elect to receive payment under the Plan in any form offered by the Plan for which the Participant is eligible, other than in the form of a joint and survivor annuity payable to the Alternate Payee and her spouse. F. DEATH OF THE ALTERNATE PAYEE 1. If the Alternate Payee dies prior to the commencement of benefit payments to the Alternate Payee, the Alternate Payee's interest in the Plan shall revert to the Participant. 2. If the Alternate Payee dies after the commencement of benefit payments to the Alternate Payee, the form of benefit that the Alternate Payee was receiving upon death shall determine whether any amounts are owed to any beneficiary designated by the Alternate Payee upon the Alternate Payee's death. Any such beneficiary designation shall apply without regard to any beneficiary designation made by the Participant with respect to the Participant's remaining accrued benefit under the Plan. G. DEATH OF THE PARTICIPANT The assignment of benefits to the Alternate Payee hereunder shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee shall not be entitled to any survivor benefits attributable to the Participant's remaining accrued benefit under the Plan unless the Participant designates, in accordance with the terms of the Plan, the Alternate Payee as the Participant's beneficiary. QURA Page 3 H. MISCELLANEOUS PROVISIONS 1. (a) The Participant, the Alternate Payee and this Court intend this Order to be a "qualified domestic relations order" ("QDRO") within the meaning of Code Section 414(p) and ERISA Section 206(d). This Order does not require the Plan to: (i) provide any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide increased benefits (determined on the basis of actuarial value); or (iii) provide benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. (b) The parties agree that their mutual intent is to provide the Alternate Payee with a benefit under the Plan that fairly represents the Alternate Payee's marital share of the benefit as determined in Section C hereof. (c) If it is determined that this Order is not a QDRO, the parties hereby agree to submit to and request a court of competent jurisdiction to modify the Order to qualify it as a QDRO in such a manner that will reflect the parties' intent as herein expressed. 2. The assignment of this Order shall be permanent. From the date of this order and thereafter, the Participant shall have no further right or interest in that portion of the Participant's accrued benefit under the Plan that is assigned hereunder to the Alternate Payee, and the Alternate Payee shall have no further right or interest in the Participant's remaining accrued benefit under the Plan. 3. If the Plan is terminated after this Order is determined to be a QDRO, but before the Alternate Payee has received the entire interest in the Plan assigned hereunder, and, if at termination the Plan has unfunded liabilities, any reduction in the benefits payable under the Plan with respect to the Participant shall be applied proportionately to the Participant and the Alternate Payee based on their respective interests under the Plan. 4. This Order is issued pursuant to 23 P.C.S.A. §3502, which relates to the provision of marital property rights, child support and/or alimony payments in domestic relations actions. ORO Page A 1. RESERVATION OF JURISDICTION The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this I day of !1422V427 C? ; 1Yi t P• ^ t nv muF nnimn PATRICIA A. PULASKI, IN TI-IE COURT OP COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-7205 MARK L. PULASKI, CIVIL ACTION - LAW Defendant STIPULATION AND NOW THIS,? day of bf 12004, the parties, Patricia A. Pulaski, Plaintiff, and Mark L. Pulaski, Defendant, as follows: 1. The parties executed a Matrimonial Settlement Agreement datcdl /3/. 2004. Pursuant to Paragraph-9-of the Agreement, the parties have agreed to the entry of a Domestic Relations Order as it relates to the Defendant's M&T Bank Corporation Pension Plan. 2. The parties agree that this Stipulation between them shall be presented for entry of an Order of Court. Dated: LI - ? LC 4 Dated: / Z- -/3 Patricia A. Pulaski .?a? Mark L. Pulaski >': i1, ?,`.;i c? (_i!_ y ia. ?u? r• i?i c? N F- C) ;," -i C7 -7 c _:? '? 7 "? ? :-rs?iE PATRICIA A. PULASKI, Plaintiff, V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. qq ,tel 599 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 foregoing 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 other 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: Office of the Prothonotary Cumberland County Court House 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, Pennsylvania 17013 Telephone: (717) 249-3166 PATRICIA A. PULASKI, Plaintiff, V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.`%Y- I)OkCivil 1999 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure; to do so will constitute a waiver of your right to request counseling. PATRICIA A. PULASKI, Plaintiff, V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99- 7700 Civil 1999 IN DIVORCE COMPLAINT IN DIVORCE UNDER § 3301 (c) or § 3301(d) OF THE DIVORCE CODE Plaintiff, by and through her attorney, Melissa Peel Greevy, respectfully represents: Plaintiff is Patricia A. Pulaski, who currently resides at 13 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania, since 1986. 2. Plaintiff s Social Security Number is 192-31-6854. Defendant is Mark L. Pulaski, who currently resides at 123 Beacon Drive, Harrisburg, Dauphin County, Pennsylvania, since September, 1998. 4. Defendant left the marital domicile in September, 1998 and has not returned. 5. Defendant's Social Security Number is 181-44-8713. 6. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six months immediately preceding the filing of this complaint. The parties were married on April 24, 1976 in Locust Gap, Northumberland County, Pennsylvania. 8. Plaintiff and Defendant are the parents of three minor children: Kristy A. Pulaski Born 9-20-81 Age 18 Amanda C. Pulaski Born 2-5-86 Age 13 David M. Pulaski Born 4-20-89 Age 10 Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 10. There have been no prior actions of divorce or annulment between the parties. 1 1. The marriage is irretrievably broken. 12. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request the court require the parties to participate in counseling. 13. Plaintiff requests the court to enter a decree of divorce. 14. The parties may enter into a written agreement with regard to support, custody of the minor children, and economic issues. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff requests that your Honorable Court to enter a Decree in Divorce. divorcing Plaintiff and Defendant. COUNT II 15. Paragraphs 1 through 14 of the Complaint are incorporated herein by reference as though set forth at length. 16. Plaintiff avers that she is the innocent and injured spouse, and that Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 17. This action is not collusive. WHEREFORE, Plaintiff requests that your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT III EQUITABLE DISTRIBUTION 18. Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth at length. 19. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. WHEREFORE, Plaintiff requests that your Honorable Court to equitably divide all marital property. COUNT IV ALIMONY 20. Paragraphs 1 through 19 of this Complaint are incorporated by reference as if set forth at length. 21. Plaintiff is employed by Dr. Jose Manjon and is earning an approximate gross income of $12,000 per year. 22. Defendant is employed as President of Keystone Financial Inc. and is earning an approximate gross income in excess of $300,000 per year. 23. Plaintiff has insufficient income and assets to provide for her reasonable needs during the course of this litigation. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests that Your Honorable Court enter an order of alimony pendente lite and alimony thereafter. COUNT V ALIMONY PENDENTE LITE/COUNSEL FEES AND EXPENSES UNDER § 3702 OF THE DIVORCE CODE 25. Paragraphs 1 through 24 of this Complaint are incorporated by reference as if set forth at length. 26. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 27. Defendant is full and well able to pay Plaintiff counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests that Your Honorable Court enter an order for alimony pendente lite, counsel fees, costs and expenses. COUNT VI CUSTODY 28. Paragraphs 1 through 27 of this Complaint are incorporated by reference as if set forth at length. 29. Plaintiff seeks custody of the minor children born of this marriage, Kristy A. Pulaski Born 9-20-81 Age; 18 Amanda C. Pulaski Born 2-5-86 Age 13 David M. Pulaski Born 4-20-89 Age 10 Said minor children reside with Plaintiff at 13 Fieldstone Drive, Mechanicsburg, Cumberland County, Pennsylvania. 30. No other persons live with Plaintiff and the children. 31. Plaintiff has no information of any custody proceeding concerning the minor children pending in this or any other State. 32. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the minor children in this or any other court. 33. The minor children were not born out of wedlock. 34. The best interests and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff is and has always been the primary care giver for the minor children; The children need a consistent, familiar, stable home and school environment; C. Plaintiff will continue to cooperate with Defendant to permit frequent and continuing contact between the children and the Defendant; d. Defendant left the marital domicile in September, 1998 leaving the minor children in the sole custody of Plaintiff. 35. Each parent, whose parental rights to this child have not been terminated, and the parent who has physical custody of the children has been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the child. WHEREFORE, pursuant to the Custody Act, 23 Pa. C.S. § 5301, et 5g q., Plaintiff requests that Your Honorable Court grant shared legal and primary physical and of the children to Plaintiff and partial physical custody to Defendant. Plaintiff verifies that the statements made in this Complaint are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: aLl' / 17 9 ? Date: //-ay %7 Patricia A. ;aski - Plaintiff Melissa Peel Greevy, Esquire I.D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 Counsel for Plaintiff Q?I vv C C Z I??I ' f C.J 4 ) -J 91 ?i -1 li n t7 I n ?I PATRICIA A. PULASKI, Plaintiff V MARK L. PULASKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-72013 CIVIL ACTION - LAW Please enter the appearance of Lori K. Serratelli, Esquire, as attorney for the Defendant in the above-captioned matter. ??`?1g9 Dated: Lo K. Serratelli, Esquire S TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-91.70 PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the allegations will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 D OF THE DIVORCE CODE 1. The parties to this action separated in September 1998 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorney'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 TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. 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. Dated: '13c -2 GUS 1 q ? g- M L. PULAS:KI ?.? C: -,?t" fy?. C< G ?` T i ??f Y G- J (J AU V-42003 PATRICIA A. PULASHI, Plaintiff VS. MARK L. PULASHI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW No. 99-7208 Civil 1999 IN DIVORCE RULE TO SHOW CAUSE WHY BIFURCATION SHOULD NOT BE GRANTED AND NOW, this (9 day of LLB , 2003, upon consideration of the within -OW Petition, a Rule is entered upon Respondent to show cause why the request for bifurcation should not be granted. RULE RETURNABLE with hearing thereon the /day of 2a-/-t e- , 2003, at 9 0_1 R m. in Courtroom / ? , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: J. 9. ?p ?_??, H1?Cd?"1,?S ??.?= -., ,??, ,n Q" w?i 1? yt, ?t '.1:1i .`J 1. Y.h PATRICIA A. PULASK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARK L. PULASHI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE PETITION FOR BIFURCATION TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES Petitioner, Mark L. Pulaski, by his attorney, Lori K. Serratelli, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON and requests that this Honorable Court grant him a Bifurcation in the above captioned matter and in support thereof, avers as follows: 1. Petitioner is the Defendant in the above-captioned matter. 2. Respondent is the Plaintiff in the above-captioned matter. 3. The parties were married on April 24, 1976 in Northumberland County, Pennsylvania. 4. On November 30, 1999, Respondent filed a Complaint in Divorce, alleging as the grounds therefore, the irretrievable breakdown of the marriage and indignities and also making claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fee and Expenses and Custody. 5. The parties have lived separate and apart since September 1998 as alleged in Defendant's Affidavit which is being filed with the Court simultaneously herewith. 6. The parties have been unable to resolve the ancillary economic claims to this divorce matter. 7. The Pennsylvania Divorce Code permits bifurcation where the parties have lived separate and apart for a period of at least two years and where the marriage is irretrievably broken. 8. The granting of bifurcation will further the public policy considerations as set forth in the Pennsylvania Divorce Code of 1980, as amended, and will not prejudice the rights and interests of Respondent. WHEREFORE, Petitioner, Mark L. Pulaski, respectfully requests that this Honorable Court grant him a Bifurcation. Specifically, Petitioner requests that this Court bifurcate the divorce from the pending economic claims and reserve jurisdiction over the claims raised by the Petitioner. Respectfully submitted, ?j Lo erratelli, Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717)540-9170 Attorney for Petitioner VERIFICATION I verify that the statements made in this Petition 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 unworn falsification to authorities. Dated: Ak 4-( M L. PULASKI PATRICIA A. PULASHI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW MARK L. PULASHI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on July ?Q 2003, a copy of the foregoing Petition was served upon the Plaintiff/Respondent by depositing it in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire JOHNSON, DUFFLE, ST:EWART & WEIDNER 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Plaintiff/Respondent Lon . Serratelli, ]Esq. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown.Road, Suite 201 Harrisburg, PA 17].10 (717) 540-9170 Attorney for Defendant/Petitioner C7 r m?r :-I c PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : DIVORCE AFFIDAVIT OF SERVICE I, Debra A. Evangelisti, Paralegal, being duly sworn according to law, depose and say that Defendant's Affidavit under Section 3301(d) of the Divorce Code was served upon the Plaintiff by depositing a copy in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire 301 Market Street Lemoyne, PA 17043 Attorney for Plaintiff Debra A. Evangelisti, P 4'legal to Lori K. Senratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant The document was received by the Plaintiff's Attorney on August 6, 2003 as evidenced by the attached return receipt card. Sworn and Subscribed to before me this , % t/day of-I?,? 9f,? , 2003. My Commission Expires: Elwyzi?-D 1/5,/ s- ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: 1 v>1 a r ?S e? et Darnel A I?o?13 A, Received by Q'lease Print Clearly) B.?ate of De very IJY? , . C. Sig ure X ? Agent ? Addressee D. Is delivery address i nt from II 1 ? Yes if YES, enter dellve ress belo ? No 3. S ice Type C t7 ertifed Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 0 ) Yes 2. Article Number (Copy from service label bol )NO 0666et?(q IIbX' PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-1709 If rytr ' C. s, c °r { Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA A. PULASKI, Plaintiff V. MARK L. PULASKI, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(4) OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because Check (i), (ii) or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. X (iii) The entry of a decree will cause prejudice to rights of Plaintiff who would lose protections she has as spouse with regard to marital assets and health insurance concerning which no agreement has been inade and no order has been entered. 2. Check either (a) or (b): (a) I do not wish to make any claim for economic relief. 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. X (b) I wish to claim economic relief which, may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P&C.S. Section 4904 relating to unsworn falsification to authorities. Date: - I - 0?(u c CC . C w?? Qi Patricia A. Pulaski, Plaintiff NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you should not file this Counter-Affidavit. :znz47 (? iP Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 99-7208 CIVIL TERM V. CIVIL ACTION - LAW MARK L. PULASKI, IN DIVORCE Defendant CERTIFICATE OF SERME I hereby certify that on the d.?Wday of August, 2003, that I served a true and correct copy of Plaintiff's Counter-Affidavit under Section 3301(d) of the Divorce Code upon Lori K. Serratelli, Esquire, counsel for the Defendant, addressed as follows: Lori K. Serratelli, Esquire Serratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road Harrisburg, PA 17110 JOHNSON IE, STEWART & WEIDNER By: Me issa Peel Greevy :217624 CJ C i.:; T t_?^. ._.. .. j ?,. ,_. ?? <-? ]s ,._ r -t'; 'F"C_ ri ?I SI U; .-:7 PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, Defendant IN THE COURT 017 COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7208 Civil 1999 IN DIVORCE STATEMENT OF INTENTION TO PROCEED To the Court: Defendant, Mark L. Pulaksi, intends to proceed with the above captioned matter.* Date: 1;2 -U 3 ). - e L K. erratelli S?TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant *Defendant filed a Petition for Bifurcation on August 1, 2003 and a hearing is scheduled for October 12, 2003. PATRICIA A. PULASKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW MARK L. PULASKI, : No. 99-7208 Civil 1999 Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Lori K. Serratelli, do hereby certify that a copy of the foregoing was served upon the Plaintiff on September ;!)- , 2003, by depositing a copy in the United States mail, postage prepaid, addressed as follows: Melissa Peel Greevy, Esquire 301 Market Street Lemoyne, PA 17043 Attorney f r Plaintiff Harrisburg, PA 17110 (717)540-9170 Attorney for Defendant Lo natelli SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestovvn Road, Suite 201 ?, ?-: r-_ _, n ,.1 `' ? 1 V--'J C, r? ? J 7 ' ?L ,. .3 -'n r'• ._ C7 iU z> PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-7208 CIVIL CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this ?. ( r day of September, 2003, at the request of counsel for the parties, hearing in the above matter set for October 13, 2003, is continued to Thursday, December 4, 2003, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kevin . Hess, J. ,Melissa Peel Greevy, Esquire For the Plaintiff; o n ,,Lori K. Serratelli, Esquire e ` l dl For the Defendant ' Am RX S 09 -z5-(3 VNVb17J,SRN?d ^1 ?? :U s,iN C, 7 c7j? uf) 30 PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-7208 CIVIL CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this day of December, 2003, at the request of counsel for the parties, hearing in the above matter set for December 4, 2003, is continued to Friday, February 20, 2004, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Kev' A. Hess, J. ?Melissa Peel Greevy, Esquire For the Plaintiff 1> v"Lori K. Serratelli, Esquire O? A For the Defendant Am -z-? rk tltN?r e. .n.Irs hl PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 99-7208 CIVIL CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this y r day of February, 2004, at the request of counsel for the parties, hearing in the above matter set for February 20, 2004, is continued to Wednesday, April 21, 2004, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, w, A. Hess, J. Melissa Peel Greevy, Esquire For the Plaintiff Lori K. Serratelli, Esquire For the Defendant Am i i \ 'a YUJ'a ? .. ?? . L.. 1:?"1C;:1;_,_'? -'jai. ?!Q ?',?-i _1i?a??-?.?_ - PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 99-7208 CIVIL CIVIL ACTION - LAW MARK L. PULASKI, Defendant IN RE: PETITION FOR BIFURCATION ORDER AND NOW, this /9 r day of April, 2004, at the request of counsel for the parties, hearing in the above matter set for April 21, 2004, at 2:00 p.m. is continued generally. BY THE COURT, Melissa Peel Greevy, Esquire For the Plaintiff Lori K. Serratelli, Esquire For the Defendant Arn y'. ':? ,. J J PATRICIA A. PULASKI, Plaintiff VS. MARK L. PULASKI, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7208 CIVIL TERM Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail, restricted delivery, to the Defendant on December 3, 1999 and received by Defendant on December 4, 1999 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 the plaintiff January 6, 2005 by the defendant January 6, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on January 6, 05 ?d filed concurrently herewith. Waiver of Notice signed by Defendant on January 6 2 5 ar iTea concurrent y erewith. Attorney for Plaintiff/dc Melissa Peel Greevy Atty ID No. 77950 PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 99-7208 CIVIL TERM V. MARK L. PULASKI, CIVIL ACTION - LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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 a.6- Patricia A. Pulaski, Plaintiff :241770 PATRICIA A. PULASKI, Plaintiff V. MARK L. PULASKI, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree in Divorce without notice. 2. 1 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 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. /-4 -vS I understand that I will not be divorced until a Divorce Decree is entered by the Court and that IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW Patricia A. Pulaski, Plaintiff :241770-2 c:o tiJ J PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 99-7208 CIVIL TERM V. MARK L. PULASKI, CIVIL ACTION -LAW Defendant. IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 30, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. entry of the Decree. 4. 1 have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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:_ /- U,S- p I consent to the entry of a final Decree in Divorce after service of notice of intention to request AMa-L4Pualaski, Defendant :241770-3 ,.. = ?. ; - ?? - , _ _ ,, , „?, _ -,.; ??? ?, ;_ r -, .. ? PATRICIA A. PULASKI, Plaintiff V. MARK L. PULASKI, Defendant. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree in Divorce without notice. 2. 1 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. 1 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: 1-06 -0,j ??u???/??? ? Mark L. Pulaski, Defendant IIV THE COURT OF COMMON PLEAS OF CIMBERLAND COUNTY PENNSYLVANIA NO. 99-7208 CIVIL TERM CIVIL ACTION - LAW :241770-4 C: ???? __ U J:y 'ii f._ _.1 ..._.. .?)a (?.? I\? :. j .? ? -1 ? (, .. - .r- ?, PATRICIA A. PULASHI, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARK L. PULASHI, Defendant. No. 99-7208 Civil IN DIVORCE RETURN OF SERVICE The undersigned makes the following return of service: The Complaint was mailed to Mark L. Pulaski on December 3, 1999 via United States Mail at 3:30 p.m. at 214 Senate Avenue, Camp Hill, Cumberland County, PA 17011-2336. The Complaint was also mailed on December 3, 1999 via Certified Mail, Return Receipt Requested, Restricted Delivery. The signed receipt is attached. SIGNATURE AND AFFIDAVIT I, Melissa Peel Greevy, Esquire, Counsel for Plaintiff, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unssworn falsification to authorities. Date: Melissa Peel Greevy, Esquire I. D. No. 77950 214 Senate Avenue Suite 602 Camp Hill, PA 17011-2336 (717) 763-8995 PATRICIA A. PULASKI, Plaintiff, V. MARK L. PULASKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 99-7208 Civil IN DIVORCE SENDF : ¦COmpleta llama 1 anNO 2 for additional services. I also wish to receive the a .Complete items 3, 4a, and 4b. following services (for an •Pdm your name and address on the n m se of this form so that we can return this salts fee): card to yyoou. • Is form to the from of the mallpim, or on the back If spsm does not 1. ? Addressee's Address • dte'* m Receipt Requested' o, the malipiem below the article Member. 2. DMVwy • RNUm Receipt will show to whom the amide was dellverod and the date c Novd. Consult postmaster for fee. 3. Article Addressed to: y?')/ . 11 4a. Article Number IL #J 0// ark ? (?askl 4b. 6rviceTyper/ -7> Registered Certified COA-CUn, ? E?press Mall ? Insu 1 l _ _ r l r? /" nA CLAstum Receipt for Me ndse ? CCD 7. Date of Deliv q g 6. Sign atui d 4see or Agfer E X t/(? m and fee C E i e °a, PS Form 3811, December 1994 ? ?!l _I _ \{} _? ? T_l r? ? l.?. ,? lr1 ? [^) ?? ?tl __. ?Tl ? ? f ?' a - ca -< IN THE COURT OF COMMON PLEAS PATRICIA A. PULASKI Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. i? No. 99-7208 CIVIL TERM VERSUS MARK L. PULASKI, Defendant DECREE IN DIVORCE AND NOW, C/ 2005, IT IS ORDERED AND DECREED THAT PATRICIA A. PULASKI AND MARK L. PULASKI ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, 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; None. BY THE COURT: Z?l ATTEO: J. --?" PROTHONOTARY A JAIL 1 1 2005.,n Patricia A. Pulaski Plaintiff VS. Mark L. Pulaski Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7208 QUALIFIED DOMESTIC RELATIONS ORDER A. THE PLAN This Order is directed to the M&T Bank Corporation Pension Plan (the "Plan'), an employee pension benefit plan qualified under Section 401(x) of the Internal Revenue Code of 1986, as amended (the "Code"), and subject to the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). B. PARTICIPANT AND ALTERNATE PAYEE 1. (a) The name, address and Social Security number of the Participant are as follows: Mark L. Pulaski 2354 Abbey Lane Harrisburg, PA 17112 Social Security No.: 181-44-8713 the Plan. (b) The Participant was employed by Keystone Financial and is a participant in 2. The name, address and Social Security number of the Alternate Payee are as follows: Patricia A. Pulaski 13 Fieldstone Drive Mechanicsburg, PA 17055 Social Security No.: 192-36-6854 C. AMOUNT TO BE PAID TO THE ALTERNATE PAYEE 1. There is hereby assigned to the Alternate Payee and, as provided in this Order, the Plan shall pay to the Alternate Payee 50% of the Participant's accrued benefit under the Plan, expressed as a single life annuity payable at the Participant's normal retirement age, determined as of September 1, 1998, based upon the Participant's status under the Plan as of that date. The Alternate Payee's share of the Participant's benefit shall be actuarially adjusted for the Alternate Payee's life expectancy. N S ? . ? '^^?? - ;,., QDRO Page 2 2. If the Plan pays a cost-of-living increase or any other postretirement benefit increase to the Participant, the benefit assigned to the Alternate Payee in Paragraph I above shall be increased to reflect the Alternate Payee's proportionate share of any such increase based on the Alternate Payee's percentage of the Participant's accrued benefit under the Plan, as set forth in Paragraph 1 above. 3, If the Participant retires under the early retirement provisions of the Plan and receives an early retirement subsidy therefrom, the Alternate Payee shall be entitled to receive a proportionate share of such subsidy based on the Alternate Payee's percentage of the Participant's accrued benefit, as set forth in Paragraph 1 above. D. TIME OF PAYMENTS TO THE ALTERNATE PAYEE The Plan shall begin to pay benefits under the Plan to the Alternate Payee as of the date elected by the Alternate Payee, which date shall not be earlier than the date on which the Participant attains (or would have attained) the earliest retirement age, as defined in Code section 414(p)(4)(B), under the Plan or such earlier date allowed by the Plan. E. FORM OF PAYMENTS TO THE ALTERNATE PAYEE The Alternate Payee shall elect to receive payment under the Plan in any form offered by the Plan for which the Participant is eligible, other than in the form of a joint and survivor annuity payable to the Alternate Payee and her spouse. F. DEATH OF THE ALTERNATE PAYEE 1. If the Alternate Payee dies prior to the commencement of benefit payments to the Alternate Payee, the Alternate Payee's interest in the Plan shall revert to the Participant. 2. If the Alternate Payee dies after the commencement of benefit payments to the Alternate Payee, the form of benefit that the Alternate Payee was receiving upon death shall determine whether any amounts are owed to any beneficiary designated by the Alternate Payee upon the Alternate Payee's death. Any such beneficiary designation shall apply without regard to any beneficiary designation made by the Participant with respect to the Participant's remaining accrued benefit under the Plan. G. DEATH OF THE PARTICIPANT The assignment of benefits to the Alternate Payee hereunder shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee shall not be entitled to any survivor benefits attributable to the Participant's remaining accrued benefit under the Plan unless the Participant designates, in accordance with the terms of the Plan, the Alternate Payee as the Participant's beneficiary. QDRO Page 3 H. MISCELLANEOUS PROVISIONS 1. (a) The Participant, the Alternate Payee and this Court intend this Order to be a "qualified domestic relations order" ("QDRO") within the meaning of Code Section 414(p) and ERISA Section 206(d). This Order does not require the Plan to: (i) provide any type or form of benefit, or any benefit option, not otherwise provided under the Plan; (ii) provide increased benefits (determined on the basis of actuarial value); or (iii) provide benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. (b) The parties agree that their mutual intent is to provide the Alternate Payee with a benefit under the Plan that fairly represents the Alternate Payee's marital share of the benefit as determined in Section C hereof. (c) If it is determined that this Order is not a QDRO, the parties hereby agree to submit to and request a court of competent jurisdiction to modify the Order to qualify it as a QDRO in such a manner that will reflect the parties' intent as herein expressed. 2. The assignment of this Order shall be permanent. From the date of this order and thereafter, the Participant shall have no further right or interest, in that portion of the Participant's accrued benefit under the Plan that is assigned hereunder to the Alternate Payee, and the Alternate Payee shall have no further right or interest in. the Participant's remaining accrued benefit under the Plan. 3. If the Plan is terminated after this Order is determined to be a QDRO, but before the Alternate Payee has received the entire interest in the Plan assigned hereunder, and, if at termination the Plan has unfunded liabilities, any reduction in the benefits payable under the Plan with respect to the Participant shall be applied proportionately to the Participant and the Alternate Payee based on their respective interests under the Plan. 4. This Order is issued pursuant to 23 P.C.S.A. §3502, which relates to the provision of marital property rights, child support and/or alimony payments in domestic relations actions. QOAO Page 4 1. RESERVATION OF JURISDICTION The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. ACCEPTED AND ORDERED this 1 V day of -- - 1&-!17 , toa ( . BY THE COURT: PATRICIA A. PULASKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 99-7208 MARK L. PULASKI, CIVIL ACTION - LAW Defendant STIPULATION AND NOW THIS,.)- 0'6(, day of &('./, 2004, the parties, Patricia A. Pulaski, Plaintiff, and Mark L. Pulaski, Defendant, as follows: 1. The parties executed a Matrimonial Settlement Agreement datedkC.GanJp?/,?? 2004. Pursuant to Paragraph =! of the Agreement, the parties have agreed to the entry of a Domestic Relations Order as it relates to the Defendant's M&T Bank Corporation Pension Plan. 2. The parties agree that this Stipulation between them shall be presented for entry of an Order of Court. Dated: /-3i - ?9 -G Dated: Z f3 U 1 Patricia ,. Pulaski ' it Mark L. Pulaski c r.>