HomeMy WebLinkAbout99-07536??
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
...+4 N""ys Marc P. Volavka
Plaintiff II No. 1999-07536 Civil Term In Divorce
VERSUS
Sonia L. Volavka
Defendant II
DECREE IN
DIVORCE
AND NOW, March 12. 2001 , IT IS ORDERED AND
DECREED THAT Marc P. Volavka PLAINTIFF,
AND Sonia L'. Volavka
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;
Claims for alimony, distribution of marital property and debts, counsel fees,
costs and expenses, and all other claims pending before the Divorce Master.
BY THE COURT:
/s/ Edgar B. Bayley
ATTEST: J
U PROTHONOTARY
CERTIFIED COPY ISSUED MARCH 15, 2001
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL. ACTION - LAW
IJO. 4 of 3'169 CIVIL 19
. IN DIVORCE
STATUS SHEET
ACTIVITIES:
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MARK P. VOLAVKA,
Plaintiff
VS.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 7536 CIVIL
IN DIVORCE
TO: John J. Connelly, Jr. , Attorney for Plaintiff
Andrea C. Jacobsen , Attorney for Defendants/
DATE: Tuesday, February 8, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
4
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P. Volavka
Marc
No. 1999-07536 CEAl Term In Divorce
Plaintiff
VERSUS
Sonia L. Volavka
Defendant
DECREE IN
DIVORCE
AND NOW, YV VI A V>- 2-01-V IT IS ORDERED AND
DECREED THAT Marc P. Volavka , PLAINTIFF,
AND SDnia L. Volavka 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;
Claims for alimony, distribution of marital property and debts, counsel fee,s
costs and expenses, and all other claims pending before the Divorce Master.
BY THE COURT:
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ATTEST:
rr PROTHONOTARY
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER FOR BIFURCATION AND
DECREE IN DIVORCE
AND NOW this 12 day of March, 2001, upon consideration of the Petition to
Bifurcate and the Stipulation for Bifurcation of the parties and counsel, filed in this
matter, it is it is hereby Ordered and Decreed that:
The Petition for Bifurcation is granted;
Marc P. Volavka and Sonia L. Volavka are hereby divorced from the bonds of
matrimony; and
The Court retains jurisdiction of those claims which have been raised of record in
this action, which are set for hearing before the Divorce Master, including claims for
alimony, distribution of marital property and debts, counsel fees, costs and expenses,
and other claims pending before the Divorce Master.
cc: John J. Connelly, Jr., Esq.
Andrea C. Jacobsen, Esq.
BY THE COURT-
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
PETITION TO BIFURCATE
1. Petitioner Sonia L. Volavka, Wife, is the defendant in the above captioned
divorce.
2. Respondent Marc P. Volavka, Husband, is the plaintiff in the above captioned
divorce.
3. A Complaint was filed by Husband on February 25, 1990, under Section
3301(c) of the Divorce Code.
4. The parties have each executed an Affidavit of Consent acknowledging that
their marriage is irretrievably broken and consenting to the entry of a divorce decree
terminating their marriage, but reserving the jurisdiction of the Court over those claims
set for hearing before the Divorce Master, or otherwise raised of record in this matter.
5. The parties and counsel have executed a Stipulation for Bifurcation which is
attached hereto by which they have agreed to request that this Court, without hearing,
issue a Decree in Divorce at this time terminating the parties' marriage and reserving
jurisdiction over those economic issues which are presently before the Master in
accordance with the terms of their Stipulation.
6. A copy of the Stipulation, as filed with this Court on February 1, 2001, is
attached hereto.
WHEREFORE, Petitioner requests the Court to enter an Order:
a) bifurcating the divorce claim from the other claims raised in this matter;
b) divorcing the parties from the bonds of matrimony;
c) reserving jurisdiction over such other issues; and
d) granting such further relief as this Court may deem proper and just.
Respectfully submitted,
W
BY: nd a C. Jacobsen
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
MARC Plaintiff VOLAVKA,
Pla : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V 'NO
. 1999.07b36
bONIA L, clant VOLAVICA,
Defendant : CIVIL ACTION - LAW
c:
: IN DIVORCE =
STIPULATION FOR BIFURCATION AND ENTRY OF DIVORCE DECREE
This Stipulation for Bifurcation and Entry of Divorce Decree Is rrhdi this,3ksi '`,
day of January, 2001, by the parties to this matter, MARC p. VOLAVKA, pla' tj Lp.
(Husband) and SONIA L. VOLAVKA, defendant, (Wife) and their respective counsel,
John J. Connelly, Jr., Esq., JAMES, SMITH, DURKIN & CONNELLY, LLP, for Plaintiff, and
Andrea C. Jacobsen, Esq., JACOUSEN & MILKES, for defendant.
Whereas the Parties Were married on December 31, 1993, and separated on
December 24, 1998, and have lived separate lives since that time; and
Whereas, due to differences, and disputes between them, It is the Intention
of the parties to continue to live separate and apart With no likelihood Of
reconciliation; and
Whereas, the parties have raised Various economic claims against each other
in the above divorce action, which claims are presently set for hearing before the
Divorce Master on April 24, 2001; and
Whereas, the parties anticipate that the determination of these contested
ancillary claims may require protracted and time consuming litigation; and
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Whereas, the parties recognize that the final determination of their
respective marital claims related to their financial and property rights will be
addressed at the Master's hearing; and
Whereas, the parties have agreed that they, with their counsel, shall meet to
make a good faith effort to negotiate a settlement prior to hearing; and
Whereas, In the meantime, the parties wish to proceed with their respective
personal lives, independent of their present spousal relationship.
NOW, THEREFORE, the parties hereto, Intending to be legally bound hereby,
and their respective counsel, stipulate and agree as follows;
1. The parties agree that this Stipulation shall be filed with the Court in
the above divorce action.
2. The parties agree to the bifurcation of the above divorce action.
They agree to proceed to a final divorce and termination of their marriage at this
time, reserving nonetheless all those financial and property claims which have
been raised by the parties and are presently set for hearing before the Divorce
Master, excepting only Wife's claim for allmony pendente Ilte, which shall be
withdrawn by Wife, as expressly set forth herein. It is the Intention of the parties
that such other claims raised by the parties will be preserved and that neither
party will be prejudiced by the entry of a divorce decree at this time with regard
to such claims.
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3• The parties have each executed and filed an Affidavit of consent
acknowledging that their marriage is irretrievably broken, each party has
executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree
Under Section 3301(c) of the Divorce code,
4. The parties acknowledge that Wife Intends to file a Petltlon to
Bifurcate in this matter. The parties agree that this stipulation shall be submitted
to the Court in support of the said Petition, with the request that, without
hearing, a Decree in Divorce be Issued at this time, terminating the parties'
marriage and reserving jurisdiction over those economic issues which are
presently before the Master in accordance with the terms of this Stipulation,
5, Wife agrees that effective as of the date of Husband's execution of
this stipulation, she shall terminate her claim for spousal support and Husband's
continuing obligation In the matter of volavka v. volavka Docket No. 01101 S
1998, PACSES Case No. 257100604/02821B. Wife agrees that notice of such
termination shall be forwarded to the DDmeStIC Relations Section of this court,
within one (1) business day of the execution of this Stipulation by Fiusband and
his counsel. Upon termination of the Spousal Support Order as referenced,
above, any wage attachments which are forwarded to SCUDU after the date of
the termination of the Spousal Order, shall be applied to the arrearage.
6. The parties agree that Wife's termination of the support obligation
shall apply to liability for current and ongoing support. The termination shall
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not affect Husband's obligation to Wife for the amount of the current arrearage
due to Wife under the existing support order for spousal support. Wife agrees
that except as otherwise provided In
this agreement, or otherwise determined
by agreement of the parties or Order of court, Wife shall seek no enforcement by
the Domestic Relations office of Husband's obligation for the arrearage during
the pendency of this divorce action. Except as otherwise agreed herein, the
arrearage shall be held in abeyance during such time,
7. Wife agrees that within one (1) business day of her receipt of an
executed copy of this stipulation signed by Husband and his counsel, she will
advise the Domestic Relations section of this Court that she waives her right to
collection of the arrearage through attachment of Husband's income and will ask
that the current wage attachment be discontinued while the arrearage is held In
abeyance,
a, Wife agrees that she will withdraw her current claim for Alimony
Pendent Lite. Wife agrees that except as otherwise provided herein, she will not
Seek an award of Alimony Pendente Lite in the current divorce action between
the parties.
9. Both parties agree to cooperate as may be necessary to effectuate
the provisions and Intent of this stipulation, including the prompt issuance of a
Decree In Divorce terminating the marriage of the parties; the termination of
Husband's obligation to Wife for current spousal support or Alimony Pendente
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Lite; the discontinuance of the current wage attachment of Husband's Income;
the security of Wife's claim against Husband for the current spousal support
arrearage due her; and the preservation of the economic claims raised In the
divorce action between the parties, excepting only Wife's claim for alimony
pendente lite,
10, The failure of either party to comply with the provisions of this
Stipulation or to prevent the timely entry of a Divorce Decree terminating the
marriage of the parties shall render the obligations of the parties under this
stipulation null and void.
The Plaintiff and Defendant do verify that they stipulate as set forth above
and that the statements herein are true and correct to the best of their
knowledge and information and belief.
Plaintiff and Defendant understand that false statements herein are made
subject to the penalties of 1e Pa.c,sg 4904 relating to unsworn falsification to
authorltles.
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MARC P. VOLAVItA, PlaintifF
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J J. CO INELLY, JR., E9q `
J M ,?SMI?H, DURKIN & CO ELLY, LLp
c se fe Plaintiff
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50NIA L. VOLAVKA, Defendant
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ANDR6A . JA BSEN, Esq.
JACOBS@ ILKES
counsel for Defendant
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LAW OFFICES
MEYERS, DESFOR, SALTZGIVER & BOYLE
410 NORTH SECOND STREET
P.O. BOX 106e
1. EMANUEL MEYERS 11915.19701 HARRISBURG, PA. 17108
BRUCE O. DESFOR FAX 17171 236.2917
LAURIE A. SALTZGIVER (717) 236.9428 WEBSITE W W W,MOYOMde5fm.C
CATHERINE A. BOYLE EMAIL I"IU9Fv010m1Y11d,,f,,wm
Cb0Ve0M8Y6Md03fw. m
April 3, 2002
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Marc P. Volavka v. Sonia L. Volavka
No. 1999-07536
Dear Master Elicker:
Per your request, enclosed please find two copies of the
Property Settlement Agreement and Final Order of Court in the
above-referenced matter. All issues have been concluded per the
Property Settlement Agreement and I have no objection to your
withdrawal as Master from this action.
Thank you for your attention. If you have any questions,
please feel free to contact me.
Sincerely,
V I
Laurie ALAS/clk
Enclosures
CC: Marc Volavka (w/out enclosures)
Andrea Jacobsen, Esquire (w/out enclosures)
1
MARK P. VOLAVKA,
Plaintiff
Vs.
SONIA L. (VOLAVKA)
STEIMLING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 7536 CIVIL
IN DIVORCE
THE MASTER: Today is Tuesday, April 24,
2001. This is the date we set for a hearing in the above
captioned divorce proceedings.
Present in the hearing room are the
Plaintiff, Mark P. Volavka, and his former counsel John J.
Connelly, Jr. (Mr. Connelly has petitioned the Court to be
allowed to withdraw and Mr. Volavka has indicated by letter
that he is dismissing Mr. Connelly). Also present is the
Defendant, Sonia L. (Volavka) Steimling and her counsel
Andrea C. Jacobsen.
The parties were divorced pursuant to a
petition to bifurcate on March 12, 2001, by Judge Edgar B.
Bayley. The decree retained jurisdiction over claims for
alimony, distribution of property and allocation of debts,
and counsel fees and expenses. The Master has been advised
that the Defendant has remarried so that the alimony claim
is no longer one that will be considered in these
proceedings. Therefore, we are left with the claims for
equitable distribution and counsel fees and expenses.
As noted, Mr. Connelly was representing Mr.
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Volavka until the Master was advised yesterday (April 23,
2001) that he was no longer retained by Mr. Volavka and
further advised that Mr. Connelly today has presented a
motion to the Court asking the Court to allow him to
withdraw. Consequently, the Plaintiff has asked for a
continuance in order to obtain new counsel. In his letter
of dismissal to Mr. Connelly, which he communicated to the
Master, he outlined certain issues that were affecting his
relationship with Mr. Connelly and stated reasons why he
felt that Mr. Connelly was not adequately representing him.
Mr. Connelly responded to the letter and Mr. Connelly is
here today to go on the record to indicate the nature of
the disagreement between he and his former client so that
Mr. Connelly's position can be adequately represented with
regard to his relationship with the Plaintiff.
I am going to ask Mr. Connelly to go on the
record and make any comments or statements he wishes to
make regarding the termination of his relationship with
the Plaintiff. Mr. Connelly will then be excused and we
will then proceed with other matters that need to be
addressed in order to get the case ready for trial. Mr.
Connelly.
MR. CONNELLY: Mr. Elicker, I am here at
your request to appear today. As you indicated, I filed a
motion to withdraw. Mr. Volavka has indicated to me that
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he accepts my request to withdraw and will be providing
substitute counsel.
(A discussion was held off the record.)
MR. CONNELLY: Mr. Volavka had communicated
to me his position regarding my dismissal, copied both
Andrea Jacobsen and the Master. I responded with my
position, copying both parties and essentially we disagree
over a course of action. I have told Mr. Volavka that I
felt he was difficult to reach in getting responses. He
feels that I didn't do certain things he thought I should
do. We periodically disagreed over strategy in the case.
Suffice to say that I outlined in my response to his letter
my position on his issues. I think it really becomes moot
at this point. The case needs to move forward with new
counsel.
I think it serves little purpose for us to
get on the record and accuse each other of things that are
each of our perceptions. I believe that there were
exchanges of offers in form of correspondence and phone
calls over a period of time. I believe the difficulty here
was that Mr. Volavka felt that he had to sit down face to
face with his wife and make one more effort to settle it.
It was my hope that that could have been done this morning
before we began testimony. I believe the testimony would
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have clearly established today the increase in value in the
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marital cash. It was also my belief that the burden would
have been on Ms. Jacobsen to produce evidence on the
pension, which I don't believe she would have had today. I
didn't think it was to our benefit to inject that into the
case since I thought, based on the last proceeding, we were
fairly close to a resolution. I think there was an
exchange of correspondence back in December which looked
like we could be as close to $7,500.00 apart. Mr. Volavka
did instruct me to withdraw that offer based on concerns
that he raised after the fact.
So I think he and I have a basic
disagreement on the philosophy to present the case and he
is certainly entitled to have it presented his way. Since
he feels that he can have other counsel present it more
effectively, I accept that.
THE MASTER: One of the things, of course,
distresses me is that this case has been pending here for a
considerable period of time and we have had two
conferences, the last being in December and that Mr.
Volavka decides yesterday that he should get new counsel
which leads me to some concern that this was contrived in
order to delay today's proceedings since there was
considerable communication and opportunity to communicate
with counsel during the past year and to also engage the
opposition.
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I do request, Mr. Connelly, that you
indicate on the record whether or not you had a continuing
difficulty in communicating with your client during the
last couple of months regarding the prosecution of this
case. The reason that I am asking that is, as I say, I am
concerned that this last minute kind of motion for a
continuance is simply a tactic that I do not like to see
engaged in when the case should be ready for trial and
should be heard; not only does it delay the case for the
parties and takes up the Court's time, but it increases the
costs to everyone.
MR. CONNELLY: Two issues. One, I don't
think Mr. Volavka is intentionally delaying the result. I
think he would like to get it over with. I do believe that
he did not respond to the communication I wrote to him in
March indicating that there was an April 24 hearing and we
need to get prepared for it. i think it was his belief
that there was not a bona fide effort to settle pursuant to
the stipulation in the bifurcation.
I was receiving clear messages in my
conversations with Andrea that we were very very far apart
and that although meaningful discussions between counsel
were had, that the case was not going to settle. With that
being said, I don't believe Mr. Volavka thinks that. I
think he believes that if he can sit down in a room with
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his wife and her counsel that he can come up with a
resolution.
MR. VOLAVKA: May I respond, Mr. Elicker?
THE MASTER: Sure.
MR. VOLAVKA: I am not going to go into
detail either, John, on our relationship, but it was not
until the phone call that occurred between me and my
counsel last Wednesday, which was April 18, that I
discovered that, in fact, there had been, according to my
counsel, significant discussions over the period of time
between February, when the bifurcation took place, and
Wednesday; discussions that I was not privy to, discussions
that I had no idea what my attorney or her attorney were
talking about. I believe those are things, Master Elicker,
that are important for a client to know about particularly
since I am the one that ultimately has to say yes or no to
any offer being made; and it was not until last Wednesday
that I found out and I could go into more detail about Mr.
Connelly's letter but I would prefer not do that either at
this point. This is in no way, no way, an intentional --
on my part to delay this.
I have indicated, again, that the last time
I was present in this office, although not in this room
with you, in December I had asked my counsel to simply ask
Ms. Jacobsen to follow through with her commitment in the
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letter of December 6 to, again, put Sonia in a room with me
and/or with counsel, either way, to try to work this out.
I have said all along I am willing to try to do this
precisely for the same reason you are. This is costing
both of us money.
MR. CONNELLY: Let's go back for a minute.
One of the problems here is my view on Mr. Volavka's
position regarding settlement. We made an offer back in
December, which was fairly close. They responded and,
frankly, which was probably in the ball park of a value in
the case in my judgment and at that point in Mr. Volavka's
judgment. They came back with part of it that was
unacceptable but that's essentially how far apart we were.
Mr. Volavka indicated to me to take that proposal off the
table; that was done and he was no longer going to agree to
those terms. Any subsequent conversations that I had with
Ms. Jacobsen were dramatically more than the terms at which
we withdrew our offer and, therefore, had Mr. Volavka
contacted me pursuant to my letter of March 16 I would have
advised him that this is pointless; in essence, what I was
doing by sending the letter saying we have your bifurcated
decree, we have a hearing on the 24th, we need to get
together and talk about it, I probably should have said in
that letter, which I didn't, that we are so far apart that
this is pointless.
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This has always been the case. I mean we
aren't even in the same ball park. That's not anybody's
fault, it is just the way it is. May be if subsequent
meetings with counsel and the parties before the next
hearing can come up with a resolution, my judgment -- I
doubt it -- but it is certainly worth a try. But we still
have the basic issue of communication.
Mr. Volavka is correct, I spoke to him last
Wednesday. That is absolutely true. I spoke to someone in
his office the Monday before that and left a specific
message when he was out of town to call me when he returned
on Wednesday. My office contacted his associate who said
he got the message. He says he didn't. I have to accept
that.
MR. VOLAVKA: No. I apologize, John. That
message was delivered to me on the day you called Deb.
MR. CONNELLY: Okay.
MR. VOLAVKA: When I got back to the office
on that Wednesday, that Wednesday was crazy because I had
been out of the office. I believe I called you the
following Thursday; not Wednesday.
MR. CONNELLY: You are talking about the
following week, Thursday of last week?
MR. VOLAVKA: I believe that's the case.
MR. CONNELLY: That may be right. But I
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also called again on Monday the following week to leave a
message for him to call again because I was getting
concerned. We were getting closer and closer and I wanted
to discuss with him what the possibility was of us getting
this resolved frankly based on our discussions. A lot of
this is miscommunication. I am not blaming him. These are
unpleasant circumstances for parties and frequently their
jobs and other priorities take time in our lives that don't
focus on those issues and Mark and I probably didn't speak
once between February 5th and last Wednesday.
MR. VOLAVKA: That's correct.
MR. CONNELLY: And as I said in my letter,
it's your case too. Everyone bears some responsibility but
that isn't the issue. If it can be settled, it can be
settled; if it can't, it can't.
THE MASTER: Regardless of how much or how
little anybody talked, we still have to have the values and
the numbers. If we don't have that, there is no point in
even talking and I am looking at what I have, and I don't
have any numbers.
MR. CONNELLY: On the assets that exist, we
each have the bank statements and we each know what the
values are. Our position today simply would have been,
here are the accounts, here are the amounts, here is the
inheritance that occurred, here is the increase in value;
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that's our position. As to the pension, it was not our
intent to introduce it or have it involved; it was their
portion of the case.
I don't know how much I can add to that. I
think there is a possibility that it can resolve itself but
I think there is going to have to be an awful lot of
discussion and everybody has got to change their position
fairly dramatically to get it done.
THE MASTER: Ms. Jacobsen, did you want to
say anything on the record before Mr. Connelly leaves
because then I am going to go off the record after he
leaves and discuss some procedures.
MS. JACOBSEN: I guess I would like to say
that Mr. Connelly and I did have some discussions over the
last couple of weeks; that I was informed by Traci of your
office that Mr. Connelly had talked to her and told her he
couldn't reach his client. All right. I spoke to Mr.
Connelly and he told me that he couldn't reach his client,
so there was no point in us having any conversation.
Like I said, this is the very first time
today that there has been any indication that this
statement of value, which I have been referencing for over
a year was not going to be an acceptable valuation of that
pension. All right. If there is any question about us not
having a valuation of that, I put it to say that it seems
10
to be somewhat inappropriate that this be raised for the
first time and, in fact, I subpoenaed someone from the
State Employees' Retirement System to appear today. John,
we talked about whether or not there would be any problem
with a stipulation in lieu of the testimony and that I
would present an affidavit. I did not understand that in
the context of that that he was going to object to that
valuation.
Now, I am not saying that may be he didn't
mean that but I certainly didn't understand that there was
going to be any problem to that being presented as a --
MR. CONNELLY: My understanding was simply a
custodian of the records issue. That person is not
qualified to give an opinion. They were really going to
say, here is the statement for the plan, which you already
have.
MS. JACOBSEN: I understand. I am just
saying, there was never any question raised as to our use
of that figure with regard to the valuation or the need for
a -- that they were going to object to that being a basis
for the marital share of it.
MR. CONNELLY: Let's address that before you
move on. It is not my responsibility for her to present
her testimony. I could have just as easily presumed that
there would have been some kind of actuarial determination
11
of the pension. When you bring someone in from the state
system, you are not bringing them in to testify as an
expert. They are custodians of the records; that simply
can be introduced at any point but that doesn't establish a
present value; that merely establishes that a statement
exists and shows what is in the plan. She would have had
every right to put that in and I wouldn't have had an
objection to that. I would have had an objection to saying
that creates a value.
MS. JACOBSEN: I am just saying that that
objection was never communicated to me. He could have
raised an objection that that value has been relied on in a
number of cases which are presented to this office and in
the absence of any objection it has been relied upon so I
had no knowledge that he was going to object. All right.
Just in response to it suddenly not being on the table at
all. We have always included it as part of the estate and
they have never said, without an appraisal it isn't. All
right.
If he is going to send this out to get
somebody to come in here and say that it is worth what the
piece of paper says, we are certainly going to be before
the Court for not only -- I have to say, whether or not Mr.
Volavka thinks this is an intentional delay or not, it is
interesting in whether his counsel thinks it is. I note
t
12
that the first support conference he didn't show up, oh, it
was a mistake and it --
MR. CONNELLY: That was not his --
MR. VOLAVKA: Excuse me. I want to address
that.
MR. CONNELLY: That is absolutely --
THE MASTER: Let her finish and then you can
respond. We have to have some order here.
MR. CONNELLY: This is exactly what I was
trying to avoid. I have invested way too much time in here
over this.
MR. VOLAVKA: Master Elicker, I would also
like to say, I made a motion yesterday in front of the
Court to ask for a continuance. That motion was denied by
Judge Oler without prejudice. I was told that I could and
should appropriately raise that motion again this morning.
If this is the appropriate time --
THE MASTER: Well, it has already been
raised. I raised it. I said that when I opened my remarks
that there was a request for a continuance --
MS. JACOBSEN: There was an ex parte
approach to Judge Oler yesterday and I never heard about
it?
MR. VOLAVKA: I made --
MS. JACOBSEN: I mean, I never heard about
13
!1 r•,
this at all.
THE MASTER: Can I ask. Can Mr. Connelly be
excused?
MR. JACOBSEN: Yes, Mr. Connelly can be
excused.
MR. CONNELLY: Well, one of the problems is
that Andrea and I have had conversations that Mark was not
physically present for and if you guys are going to move
forward and talk procedurally, fine. But I think this
whole back and forth as to who struck John is A,
unproductive, B, inappropriate at this point. This case
needs to move forward; not backwards unless you want to
spend all day --
MR. VOLAVKA: I do want to respond to what
Ms. Jacobsen just put on the record about her indication
that it was my fault that the first hearing was cancelled
and John was part of that and will remember that clearly.
MS. JACOBSEN: I would like to continue with
our response.
THE MASTER: Let her finish and then you can
respond.
MR. CONNELLY: All right.
THE MASTER: And if you want to leave, you
can leave.
MR. CONNELLY: I just want to move it to
14
n ?
conclusion.
MS. JACOBSEN: I just want to say that there
were numerous times where this matter was set for hearing
and every time something happened. Coincidently every time
it was never his -- it was an illness in his family,
coincidently we couldn't have the hearing in August. All
right. Now, we never demanded any kind of medical
documentation or any evidence --
MR. VOLAVKA: And if you would have done
that, I would have been very capable of providing that.
MS. JACOBSEN: I know that it was some
relative -- there was no indication. It has always been
that when there is something due then suddenly something
comes up. In the interim, he complains about contacting
and communication. He sends letters in between --
inappropriate letters. Letters telling her he is going to
fight -- claiming that if she doesn't want to negotiate
with him --
MR. VOLAVKA: I would be happy to put all of
those letters on the record because that is not what those
letters say.
MS. JACOBSEN: The point that I am making is
I believe that Mr. Volavka, if he was dissatisfied with Mr.
Connelly over the last couple of months, could easily have
acted before Sunday night to communicate to Mr. Connelly
15
and we could have had his new counsel in here and that it
was a choice on his part to cause the delay in this matter
which has resulted in additional counsel fees to my client
and I think that there is no question that his
disappointment and his complaints go back over the last two
months, so why he had not communicated with Mr. Connelly --
it is a strategy to avoid the reality of having to give any
part of this marital estate to his ex-wife.
MR. CONNELLY: Let me address two issues.
A, numerous times, inaccurate. The support matter was not
on my calender. It was my fault that we missed it. It was
totally academic. The order was entered that day, although
an appeal was probably filed, it was withdrawn, so there
was absolutely no prejudice at all. They showed up, got an
order. I appealed it, withdrew it, the order went through
and it remained the same. That was our error; not on my
calender. There were a series of problems that a number of
support conferences in Cumberland County, where they
alleged notices being mailed. I didn't get them. I don't
know whether Mark got his or not; that's not the point. I
would accept responsibility but it didn't matter. It meant
nothing.
The only other matter that was delayed was
when Mr. Volavka's aunt and uncle were ill. He contacted
me and advised me and it was continued. Now, she can sit
16 `"
1' ) -.
there and say that was a grand plan. I don't believe that
to be true. I think it was a legitimate continuance. But
using numerous occasions is inaccurate. It is unfair. It
misrepresents the facts.
Now, as to today's proceedings, I think he
still believes he can settle the case. I think he believed
that sitting down this morning, prior to the hearing, was
not enough advance time to address it, and I really believe
he does not intend to put it off.
I think that when he instructed me to
withdraw our proposal back in December, I think they were
the terms that probably would have settled the case but
that he felt -- certain information came to his attention
that he believed that there was a lot more to it than he
knew before. I think he had a legitimate reason to take
that position.
Now, all that being said, if everybody can
move forward, I can back out.
THE MASTER: Good bye, Mr. Connelly. Thank
you for your appearance today. would you like a copy of
the statement on the record.
MR. CONNELLY: Yes. And I assume since both
Mr. Volavka's letter and mine form part of the file but not
part of the record --
THE MASTER: They are in the file but they
17
n
are not part of the record unless you want them to be?
MR. CONNELLY: No, I don't think they need
to be.
(Whereupon, John J. Connelly, Jr., Esquire
was excused.)
(A discussion was held off the record.)
THE MASTER: Back on the record.
MR. VOLAVKA: I do want to be very clear as
to which conference Andrea is referring to. The one that I
-- I was in my office, when I received a phone call from my
attorney John Connelly, who was also in his office in
Hershey saying that Andrea was in front of the Master -- I
assume you but I don't know that to be the case --
threatening to have me arrested for failing to come to
Court; that's the incident that I'm referring to, was part
of a conversation and documents that went back and forth
between Sonia and myself up to the point where we had sat
at Cracker Barrel and gone over an agreement that we had
reached and I spent well over an hour with Sonia there
going over line by line, term by term, what that final
property settlement would be. Sonia agreed that that was
what she had agreed to; that we would both sign it. She
would contact Andrea. She would let Andrea know that we
had reached an agreement and that the hearing should be
cancelled. That's what I am referring to. I did not find
18
y
out until I got a phone call from my attorney, in my
office, that Andrea had not followed through on that, had
not informed John of that, and that the hearing had not
I,
been cancelled. That, Master Elicker, is the fact.
THE MASTER: All right. l
MS. JACOBSEN: I am not going to go there.
If you want I can show the correspondence that shows that
the date was well known to John and that we had had prior
conversations about it. I am not saying how it was missed
i
by him. All I am saying is that this case has had a
I:
history.
(A discussion was held off the record.)
(Whereupon, Court was adjourned at 10:14
a.m.)
NOTE: The Master advised husband and attorney Jacobsen
that after new counsel has entered an appearance
on behalf of husband that counsel are to contact
the master's office for a conference/hearing
date.
Cc: John J. Connelly, Jr., Esquire
Mark P. Volavka, Plaintiff
Andrea C. Jacobsen, Attorney for Defendant
Sonia L. (Volavka) Stemling, Defendant
IN THE COURT OF COMMON PLEAS OF
MARK P.VOLAVKA CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99 - 7536
SONIA L. VOLAVKA CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Mark P. Volavka Plaintiff
John J. Connelly, Jr. Counsel for Plaintiff
Sonia L. Volavka Defendant
Andrea C. Jacobsen Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 24th day
of April , 2001 at 9•00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
Date of Order and
Notice: 12414100
By t e C rt,
G rge E. Hoffer, President Judge
By:
vorce Master
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, PA 17013
TELEPHONE (717) 249-3166
MARK P. VOLAVKA,
Plaintiff
VS.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7536 CIVIL
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: John J. Connelly, Jr. , Counsel for Plaintiff
Andrea C. Jacobsen Counsel for Defendant
A pre-hearing conference has been scheduled at the
office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 21st day of August, 2000, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 5/9/00 E. Robert Elicker, II
Divorce Master
"-.
MARK P. VOLAVKA,
Plaintiff
VS.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 7536 CIVIL
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: John J. Connelly, Jr.
Mark P. Volavka
Andrea C. Jacobsen
Sonia L. Volavka
Counsel for Plaintiff
Plaintiff
Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 20th day of September, 2000, at 2:30
p.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: E. Robert Elicker, II
August 21, 2000 Divorce Master
FEB - 8 2000
MARK P. VOLAVKA,
Plaintiff
Vs.
SONIA L. VOLAVKA,
Defendant
. IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 7536 CIVIL
IN DIVORCE
TO: John J. Connelly, Jr. Attorney for Plaintiff
Andrea C. Jacobsen Attorney for Defendant:
DATE: Tuesday, February 8, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what- action is being taken
to complete discovery.
OD aag?=
DAT COUNSEL ¢'OR PLAINTIFF ( )
COUNSEL rOK DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BO'T'H COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
MARK P. VOLAVKA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 7536 CIVIL
SONIA L. VOLAVKA,
Defendant IN DIVORCE
RESCHEDULED
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: John J. Connelly, Jr.
Mark P. Volavka
Andrea C. Jacosbsen
Sonia L. Volavka
Counsel for Plaintiff
Plaintiff
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 13th day of December, 2000, at 9:00
a.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
October 5, 2000
E. Robert Elicker, II
Divorce Master
sasi?unwmiwrg?r; n_rn?a
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
March 17, 2000
John J. Connelly, Jr., Esquire
JAMES, SMITH, DURKIN & CONNELLY
P.O. Box 650
Hershey, PA 17033-0650
RE: Mark P. Volavka vs.
No. 99 - 7536 Civil
In Divorce
Dear Mr. Connelly and Ms. Jacobsen:
Andrea C. Jacobsen
Attorney at Law
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
onia L. Volavka
Attorney Jacobsen returned the certification document, which was
sent to counsel on February 8, 2000, indicating that discovery is
complete. Mr. Connelly has not responded.
I am going to proceed on the basis that there are no outstanding
discovery matters so this case can move forward. I will not consider any
discovery issues that have not been resolved prior to the pre-hearing
conference.
A divorce complaint was filed on February 25, 1999, in Dauphin
County, Pennsylvania. The case has been transferred to Cumberland
County because apparently there was no venue in Dauphin County. The
complaint raised grounds for divorce; attorney Jacobsen on February 3,
2000, filed a petition for alimony, alimony pendente lite, counsel fees and
costs and equitable distribution.
I am going to issue a directive for the filing of pretrial statements.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file
N...
MR. CONNELLY AND MS. JACOBSEN, ATTORNEYS AT LAW
17 MARCH 2000
PAGE 2
a pretrial statement on or before Friday, April 28, 2000. Upon receipt of
the pretrial statements, I will immediately schedule a pre-hearing
conference with counsel to discuss the issues and, if necessary, schedule
a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE
FILED IN THE MASTER'S OFFICE AND A COPY SENT
DIRECTLY TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
W__? `_::.
d
MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. :NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW!, ;
Defendant : IN DIVORCE
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE .ODE -'•'
AND NOW comes SONIA L. VOLAVKA, defendant in the above captioned
matter, by her counsel, Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, and
asserts the following claims for relief under the above action under Section 3301 of
the Divorce Code:
ALIMONY and ALIMONY PENDENTE LITE
1. Defendant was financially dependent upon her husband during the course of
their marriage and has relied on plaintiff as the primary source of income in the
family during the marriage. Defendant is presently employed as a retail clerk at
Cracker Barrel Restaurant. Her gross income as determined by the Domestic
Relations Office of this Court in June, 1999, is $1188.18 monthly, or $14,258.16
annually.
2. Defendant is in need of spousal support or alimony pendente lite to maintain
herself during the course of this action and of permanent alimony thereafter if she
is to maintain her lifestyle.
3. Plaintiff is employed as Director of Program Administration at Pennsylvania
Health Care Cost Containment Council. His gross income as determined by the
Domestic Relations Office of this Court in June, 1999, is $6748.80, monthly, or
$80,985.60 annually.
4. Plaintiff is financially able to support his wife.
COUNSEL FEES, COSTS AND EXPENSES
The above paragraphs are incorporated herein.
6. Defendant is not in a financial position to meet the costs and expenses of
prosecuting this action and to pay reasonable counsel fees to her attorney. Plaintiff
is well able to afford such expenses.
7. Plaintiff is well able to pay defendant's costs and expenses and counsel fees
in this matter.
EQUITABLE DISTRIBUTION
8. The above paragraphs are incorporated herein.
9. The parties have acquired property during the course of their marriage
which is subject to equitable distribution between them as marital property.
10. The Defendant requests the Court to equitably divide such items of marital
property and marital liabilities between them.
WHEREFORE, the Defendant requests that the Court:
a. Grant equitable distribution between the parties of all marital
property; and
b. Award Defendant reasonable counsel fees, expenses and costs of suit in
this matter; and
C. Award Defendant reasonable alimony and alimony pendente lite; and
d. Grant such further relief as the Court shall deem proper and just.
Respectfully submitted,
n ; C
/LC^,b///C
BY: Anltee wC. Jacobsen, Esq.
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013
(717) 249-6427
Attorney No. 20952
I hereby verify that the statements made in the foregoing 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.
Dated: DAiol
9(? sb404 6 /JC c!
SONIA L. VOLAVIU 6u
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1630 Holly Pike
Carlisle, Pennsylvania 17013
April 21, 2001
John J. Connelly, Jr.
James, Smith, Durkin & Connelly
P.O. Box 650
Hershey, Pennsylvania 17033
VIA FAX (717)533-2795
Dear John:
Effective immediately, you are dismissed as my attorney and are no longer representing
me in any actions regarding Volavka v. Volavka. Please be prepared to return to me on
Monday, April 23, 2001, all files pertaining to the above entitled action, including but not
limited to copies of all correspondence to the Court, Andrea Jacobsen, any notes or
documents created by you in reference to conversations between you and the Court
and/or Ms. Jacobsen, and all original documents supplied by me to you and retained by
you in preparing the disclosure required by Ms. Jacobsen and the Court, including but not
limited to original bank statements, W-2's, tax returns and other documents. I will need
these documents for my hearing on April 240'.
You have failed to provide appropriate representation to ensure that my legal rights have
been protected. Despite the fact that I indicated to you for well over a year that 1 desired
to withdraw my complaint for divorce, you indicated to me that that was not possible.
Despite the fact that I then indicated to you for well over a year that I wished to change
the complaint from "no-fault" to "fault", and present witnesses to my wife's adultery, you
indicated tome that that was not possible. On or about January 30, 2001,1 received a
copy of a letter from Ms. Jacobsen to you dated January 23, 2001 and a copy of
"Affidavit Under Section 3301(D) of the Divorce Code" signed by Sonia on January 28,
2001. As you will recall, we had a significant and acrimonious discussion concerning the
meaning of that document. I now have reason to believe you lied to me concerning the
timing of service of the original complaint, and the implications for withdrawal and or
change in the complaint.
As you will also recall, for well over a year I indicated to you that I wanted to challenge
Sonia's continued receipt of "spousal support", since she was continuing to commit
adultery and live with another man. You consistently indicated to me that it didn't make
any difference, and that there was no point since the court could award alimony pendente
lite in its place. It was not until, on my own, I filed complaint to stop spousal support in
January of this year, that my wife and her attorney were forced to deal with this
J
adulterous situation. It is my contention that Sonia received "spousal support" for well
over it year when she wasn't legally entitled to it, and I indicated to you that I could call
witnesses that would testify to that fact. You indicated to me that calling witnesses
would have no impact on the court.
It was my filing of the complaint to stop spousal support that finally produced
communication between Counsels regarding Sonia voluntarily agreeing, amongst other
things, to withdraw her claim for spousal support in exchange for my agreement to
bifurcate the divorce. At that time, and consistently throughout this matter, I indicated to
you that I would be willing to bifurcate the divorce only if Sonia and her Counsel agreed
to make kood faith efforts to resolve outstanding economic issues prior to our hearing on
April 24' . 1 insisted that you incorporate that into the final stipulation.
To date, there have been no such discussions. During our conversation of April 18, 2001,
1 asked you directly if you had attempted to arrange such discussions, as I had asked you
to do in a conversation on or about February 5, 2001, when I agreed to sign the proposed
stipulation to bifurcate that you faxed to me and indicated that I must personally drop off
at Ms. Jacobsen's office not later than 5:30 that day.
You indicated to me that you had made several attempts to reach Ms. Jacobson and that
she had refused to return your phone calls. I asked you if you had put this request in
writing to her, and I again ask you to produce letters, or evidence of your phone calls, that
indicate your proactive involvement in ensuring that Sonia and her Counsel live up to
their end of the bifurcation agreement; since it will be my contention that their willful
thilure to live by the terms of that agreement makes the divorce null and void. It will also
be my contention that the hearing on April 24 h be postponed until these discussions
occur.
It was also not until our conversation of April 18'h that you indicated to me that Ms.
Jacobsen intended to call witnesses. As you will recall, as I have repeatedly indicated to
you, I again, in a lengthy conversation with you at Pay's Country, Kitchen in December of
2000, indicated to you that if they intended to call witnesses, I wanted to call witnesses,
and I identified many of the witnesses I wanted to call to you at that time. Your
assurance to me was that there would be no need for either party to call witnesses, or
something to that effect. Since I indicated to you that several of the witnesses I wanted to
call would likely be hostile witnesses, I thought we would need to supeona them.
Clearly, at this late date, I have no opportunity to subpoena witnesses for a hearing on
April 24'h.
Finally, in a letter dated April 20, 2001, sent VIA FAX from you to Ms. Jacobsen, you
have finally sought the disclosure I have been asking for well over a year. Perhaps I do
not understand the law on disclosure, but when Ms. Jacobsen sought disclosure from me,
she did so through a series of detailed interrogatories, which included not only detailed
requests for documents, but also requests to answer personal information. I have
repeatedly indicated to you that I wanted the same level of disclosure demanded of Sonia.
Please ensure that the documents you turn over to me on Monday, April 23rd include all
Previous correspondence to Ms. Jacobsen regarding our requests for disclosure, as I
cannot see how determination of "equitable distribution" can be made by the Court
without both sides being required to disclose marital assets, and/or the circumstances
under which those assets were expended.
On the evening of December 24, 1998, when my wife returned to our house to pick up
personal belongings she wished to take with her as she was abandoning the marriage, her
last words to me when I asked her why was she doing this were: "I haven't been in love
with you for years; I haven't been physically attracted to you for years." I now believe
that may have been the only time in our entire relationship that Sonia told me the truth.
Her own words to me clearly are evidence that the marriage had ended long before she
walked out on December 24, 1998, and her continued insistence that she is entitled to
equitable distribution of my assets is sickening to me given the fraud she perpetrated.
This is the case I have asked you to make, and I intend to continue to make this case as
vigorously as I can.
I will make arrangements to pick up my file on Monday, April 23`d.
Regards,
Marc Volavka
Cc: ,A?ndrea. Jacobsen
4rftobert Elicker, if
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YOU ARE HEREBY NOTIFIED TO PLEAD TO WE HEREBY CERTIFY THAT THE
THE ENCLOSED WITHIN JAMES, SMITH, DURKIN & CONNELLY,LLP A TRUE AND CORRECT COPY •,
? ..TWEtM 120 DAYS OF SERVICE HEREOF OR ORIGINAL FILED IN THIS ACTIO
A DEFAULT JUDGMENT MAY BE ENTERED. P. Q BOX 650
AGAINST YOU. BY
ATTORNb
BY, HERSHEY, PENNSYLVANIA.17033-0650
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS OF.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536
SONIA L. VOLAVKA, : CIVIL ACTION -LAW
Defendant : IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
Date of Marriage:
Date of Separation:
Divorce Complaint filing date:
December 31, 1993
December 24, 1998
February 25, 1999
1. ASSETS
A. Marital Property
Assets Valuc/Date of Valuation Non-Marital Liens/
Portion Encumbrances
1. Keystone Financial, Inc.
Joint Stock 80 shares No No
2. Wife's Jewelry To Be Detennined No No
3. Savings from income of
Wife acquired during the
marriage Unknown No No
4. Personal Property To Be Determined No No
5. Household Furnishings
To Be Determined
No No
2. EXPERT WITNESSES
Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to
supplement this answer should such become available.
B. Non-marital Property
3. NON-EXPERT WITNESSES
Plaintiff knows of no non-expert witness at this time with exception to the parties.
However, Plaintiff reserves the right to supplement this answer should such become
available.
4. EXHIBITS
(a). Plaintiffs Income and Expense Statement (Exhibit "A").
(b). Plaintiff reserves the right to supplement the list of exhibits should additional
exhibits become necessary.
5. GROSS INCOME/NET INCOME
A. Plaintiff- See Income and Expense Statement. (Exhibit "A").
B. Defendant - See Defendant's Income and Expense Statement.
6. EXPENSES
A. Plaintiff - See Income and Expense Statement.
(Exhibit "A").
B. Defendant - See Defendant's Income and Expense Statement.
7. PENSIONS/RETIREMENT
A. Plaintiff - The PSERS Plan of Husband has an estimated value of $320,000 as valued as
of December 31, 1998. The total value is non-marital. See December 31, 1998 Statement
marked Exhibit "B"
B. Defendant- None.
8. COUNSEL FEES
A. Plaintiff has not made a claim for counsel fees.
B. Defendant has made a claim for counsel fees.
9. PERSONAL PROPERTY DISPUTE
None
tazll'
10. MARITAL DEBTS
None
11. PROPOSED RESOLUTION
Husband proposes that Wife receive a distribution from the increase in value from date of marriage
to date of separation in Husband's non-marital cash accounts.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY
Date: l - S- oo By:
1 c'
Hershey, PA 17033
(717) 533-328
PA I.D. No. 15615
VERIFICATION
I verify that the statements made in this Pleading 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.
Date: --T- 5- 00
EXHIBIT "A"
MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999 - 07536
CIVIL ACTION - LAW
IN DIVORCE
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaries by a business of which you are owner in whole or
in part, you must also fill out the Supplemental Income Statement which appears on the last page
of the Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF:
Marc P. Volavka
INCOME
Employer: PA Health Care Cost Containment Council
Type of Work: Executive director
Pay Period (weekly, biweekly, etc.): Biweekly
Gross Pay per Pay Period: $3,335.00
Itemized Payroll Deductions:
Federal Withholding $810.00
Social Security $255.20
Local Wage Tax $33.36
State Income Tax $93.40
Retirement 166.79
Savings Bonds
Credit Union
Life Insurance
Health Insurance
Unemployment Tax
Other $697.18
Net Pay per Pay Period: $1,279.07
OTHER INCOME
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Accounts
Gifts
Unemployment Comp.
Worker's Comp.
Alimony
Child Support
TOTAL NET INCOME
EXPENSES
Home
Mortgage/Rent
Maintenance
Utilities
Electric
Gas
Oil
Telephone
Water
MONTHLY YEARLY
(Fill in appropriate column)
$741.66 $8,899.92
$741.66 $8,889.92
$495.00 $5,940.00
$50.00 $600.00
$400.00 $4,800.00
MONTHLY YEARLY
(Fill in appropriate column)
Employment
Public Transportation and Lunch $75.00 $900.00
Taxes
Real Estate $92.00 $1,104.00
Personal Property
Income $975.00 $11,700.00
Insurance
Homeowners $85.00 $1,020.00
Automobile $100.00 $1,200.00
Life
Accident
Health
Other
Automobile
ayments, Fuel and Repairs $150.00 $1,800.00
Medical
Doctor $25.00 $300.00
Dentist
Orthodontist
Hospital
Medicine
Special Needs (glasses, contacts, $10
00
. $120.00
braces, orthopedic devices)
MONTHLY YEARLY
(Fill in appropriate column)
Education
Private School
Parochial School
College
Religious
Personal
Clothing $75.00 $900.00
Food $350.00 $4,200.00
Barber/Hairdresser $30.00 $360.00
Credit Payments $250.00 $3,000.00
Charge Accounts
Memberships
Loans
Credit Union
Miscellaneous
Household Help
Child Care
Paper/Books/Magazines
Entertainment $330.00 $3,960.00
Pay TV
Vacation
Gifts $300.00 $3,600.00
Legal Fees $200.00 $2,400.00
Charitable Contributions
Other Child Support
TOTAL EXPENSES $3,992.00 $47,904.00
PROPERTY OWNED:
Checking Accounts
Savings Accounts
Credit Union
Stocks/Bonds
Real Estate
TOTAL
INSURANCE:
Description
Allfirst Bank
Harris Savings Bank
PA State Bank
PA State Employee
Keystone Financial Stock
230 E. Louther Street
1630 Holly Pike
Value
$15,000.00
$62,000.00
$112,000.00
$55,000.00
$1,800.00
$35,000.00
$120,000.00
$400,800.00
Comnanv Policy
Hospital BC/BS 064-4(
Medical BC/BS 064-4(
Other (dental, etc.) Eagle Managed Care 064-4(
*(H=Husband; W=Wife; J=Joint; C=Child)
Ownershin*
H W J
x
x
x
VERIFICATI
I verify that the statement made in this Income
correct. I understand that false statements herein are s
Section 4904, relating to unsworn falsification to authc
Date: 5- 5- cc
91-11--
EXHIBIT "B"
1998 STATEMENT of ACCOUNT
For; MARC P VOLAVKA
Your statement contains three sections: SECTION I: BASIC DATA
SECTION II: ES7MATED RETIREMENT BENEFITS AS OF DECEMBER 31,1998
SECTION III: ESTIMATED RETIREMENT BENEFITS PROJECTED TO NORMAL RETIREMENT
I SECTION I: BASIC DATA
Arrears Balance as of Dec. 31 1998
Re alai SSI
Taxable Breakdown of Your Accounte...
Taxable Contributions $40,857.88
Previously Taxed Contributions s 15, 750.45
Credited imerest(Taxable) $18,588.12
Dec. 31,1998.Balance $75,307.46
*If you are eligible to purchase creditable state and/or non.
state service, contact your Retirement Counselor for
information on purchasing service. All requests to purchase
service must be filed while you are an active, contributing
member.
** Information filed on a Nomination of Beneficiary((es) form
before 1993 or since Dec. 31, 1998, or involving special
circumstances (such as the designation of an estate or trust as
your beneficiary) may not appear. A maximum of 10
beneficiaries may be shown here; however, you may have
more beneficiaries in your retirement record. Keep your
beneficiary nomination current. You may change your
beneficiary nomination at any time by fling a new
Nomination of Beneftciary(ies) form with SERS. Farms are
available from your agency Personnel Office or your
regional SERS Retirement Counseling Center. Please
contact us if you do not want your benefciary(ies) listed on
future Statements.
1 YTD (Year-To-Date) Adjustments reflect corrections to your
account for which you already have received notification.
•::%SERS is a defined benefit plan under Internal Revenue
Service Code Section 401(a).
SPECIAL CONDITIONS
Due to the following reason(s), special conditions apply to
your benefit estimates or estimates have not been calculated:
SECTION II: ESTIMATED RETIREMENT
BENEFITS AS OF
DECEMBER 31,1998'
This section provides an estimate of your Monthly pension
only if you have at least 10 years of credited service or you
have reached your Norma/ Retirement Date and have at least
three years of credited service.
Maximum Sin le Life Annuity (MSLA)
Monthly Pension
Accumulated Deductions a 1, 559.75
$75,307.46
Q ti001
Monthly Pension
Present Value $1,500.42
$320,059.08
(Adjusted for withdrawal of Accumulated Deductions)
,,, n.o' . .. . .
$1,192.75
$1.147.3A
-- ?„??, vpnon ! $244,751.62
Monthly Pension lDisabilt I rRetirement
-- $3,012.61
Death in State Service
$320 059 08
• Benefit Estimates are provided for:
• Maximum Single Life Annuity (also known as Full
tetirement Allowance) - Monthly Pension payment
nade to you for life; beneficiary(ies) receive(s)
lccumulated Deductions, less Monthly Pension
ayments you received and any lump sum you received
rider Option 4.
• Option 1 -.Monthly Pension payment made to you
ar life; beneftciary(ies) receive(s) Present Value, less
lonthly Pension payments you received and any lump
im you received under Option 4.
• Option 4 - At retirement, you miy withdraw an
nount equal to all or any part of your Accumulated
eduction. You may elect to receive this withdrawal in
) to four installments. If you elect this option, you must
so elect a Monthly Pension payment plan.
• Disability Retirement - You must have at least five
ars of credited service (except State Police and
iforcement Officer-category employes, who have no
:nimum service requirement) and be certified by SERS
Mical Examiners as physically or mentally incapable
performing current job duties. Only active,
ntributing members or those on leave without pay may
Sly for Disability Retirement. You cannot withdraw
SECTION III: ESTIMATED RETIREMENT
BENEFITS PROJECTED TO
NORMAL RETIREMENT DATE
For members under normal retirement age as of
December 31, 1998, this section provides Monthly pension
estimates, projected to your Normal Retirement Date, only if
you have 10 or more years of credited service.
Normal Retirement Date:
09-FEB-2010
Maximum Siu le Life Annui ' (MSLA)
Monthly Pension
Accumulated Deductions $4, 590. B 1
$170,084.51
Monthly Pension Option 1
Present Value $a z,o.ea
$754 242.21
(Adjusted for withdrawal of Accumulated Deductions)
SYour Accumulated Deductions if you take Disability
Retirement.
• Death in State Service - If you are vested and die
while an active employe, it will be assumed you retired
under Option 1 the day before your death. The Present
Value of your annuity will be payable to your
beneftciary(ies). If you are not vested, your
Accumulated Deductions will be payable to your
beneftciary(ies).
0 Benefit Estimates assume:
• Your future earnings will be the same as in 1998.
• You continue in your present class of service as a
full-time employe.
• Retirement tables and factors remain the same as
those in use on Dec. 31, 1998.
• Any Arrears Balance will be paid (exception - those
members who are currently vestees or in a furlough
status).
• Your eamings will not exceed the federal Social
Security taxable wage base after 1998.
• Joint Coverage is converted to Full Coverage prior
to or at the time of retirement.
Continued on back page
IMPORTANT INFORMATION
• Any Mandatory Debt, with appropriate interest, has
een actuarially reduced from the Present Value of your
[count.
Note: If you have credited service as a Multiple-
ervice member (service in both SERS and the Public
chool Employes' Retirement System (PSERS]), your
stimate does not include your PSERS contributions.
!our service may be overstated if in any calendar year
ou have Concurrent Service.
® Other Monthly Pension plans
(not estimated here) are:
• Option 2 and Option 3, which are based on your
date of birth and the date of birth of your designated
survivor. The younger your survivor, the lower your
Monthly Pension amount. Following your death, Option
2 provides your survivor the same Monthly Pension you
received, while Option 3 provides your survivor one-
half the Monthly Pension you received. Contact your
SERS Retirement Counselor for payment estimates
under Option 2 and Option 3.
TERMS & DEFINITIONS
-allowing are definitions of terms used in your Statement of Account. For more information, refer to your SERS
vlember Handbook.
lccumulated Deductions: Total of contributions plus Credited Interest earned on your retirement account.
Wive Member: An employe for whom contributions are being made to the Fund or who is on leave without pay.
kr nuity: The pension benefit paid in monthly installments.
krrears Balance: The balance owed to your retirement account for which you are making payroll deductions.
3eneficlary(ies): The person(s) or organization(s) you last designated in writing to SERS to receive any remaining
tension benefit upon your death.
concurrent Service: Service in SERS and the Public School Employes' Retirement System (PSERS) for which you
:ontribute to both systems at the same time during any year of membership.
Credited Class of Service: A-60 - Normal Retirement Age of 60; A-50 - Normal Retirement Age of 50; C -.Normal
tetirement Age of 50 as a State Police Officer or enforcement officer whose service began prior to March 1, 1974;
D-3 - Normal Retirement Age of 50 as a member of the General Assembly whose service began prior to March 1, 1974;
E-1 - Normal Retirement Age of 60 for members of the Judiciary; E-2 - Normal Retirement Age of 60 as a District
Justice; PSERS - Service with the Public School Employes' Retirement System; SSI-60 - Normal Retirement Age of 60;
3SI-50 -Normal Retirement Age of 50. If you have any creditable State or nonstate service not included, contact your
SERS Retirement Counselor for information on purchasing such credit. All requests to purchase service must be filed
while you are in an active pay status.
Credited (or Statutory) Interest: Member account interest set by law at 4 percent per year, compounded annually.
Final Average Salary: The average salary of three non-overlapping periods of four consecutive calendar quarters.
Typically, this is the average of the highest three years of compensation.
Full Coverage Member: Any member making regular member contributions who joined SERS on or after July 1, 1964.
Joint Coverage: For members who joined SERS between May 28, 1957, and June 30, 1964, elected Social Security
coverage and paid a reduced retirement rate into SERS.
Mandatory Debt: A debt to be satisfied at the time of retirement through an actuarial reduction to the Present Value of
the member's account.
Normal Retirement Date/Age: Also called superannuation age, normal retirement age for most members typically is age
60 with at least three years of credited service or any age upon attaining 35 years of credited service, whichever occurs
first. Age 50 is normal retirement age for a member of the General Assembly, an enforcement officer, a correction
officer, a psychiatric security aide, a Delaware River Pon Authority policeman, an officer of the Pennsylvania State
Police, or a member of any other membership group stipulated by legislative revision of the Retirement Code.
Present Value: The total value of a member's retirement account that funds annuity payments over his or her lifetime;
this also is the amount paid to a vested member's beneficiary(ies) when a vested member dies in State service.
SSI (Social Security Integration) Contributions: For eligible members who elected SSI coverage, the total
contributions on earnings exceeding the federal Social Security tax base for all years of SSI coverage since Jan. 1, 1956.
Vestee/Vested: Eligible to receive a SERS monthly pension.
Beep your Statement in a safe place. There is a $5 charge for each duplicate Statement.
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS OF.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
Plaintiff, Marc P. Volavka, hereby certify that I have served a copy of the foregoing Pre-Trial
Statement on the following on the date and in the manner indicated below:
VIA FACSIMILE 717 249-5427 AND U.S. MAIL FIRST CLASS PRE-PAID
Andrea C. Jacobsen, Esquire
Jacobsen & Milkes
52 East High Street
Carlisle, PA 17013-3085
JAMES, SMITH, DURKIN & CONNELLY
DATE: S- S-00
Attu ibrRWtiff
Post Office Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
TO
LAW OFFICE
.' YOU ARE HCR[BY NOTIFIED TO Pl[AD TO
THE ENCLOSED WITHIN JAMES, SMITH, DURKIN & CONNELLY, LLP
i ° TWENTY 001 DAYS OF SERVICE HEREOF OR
A DEFAULT JUDGMENT MAY BE ENTERED I, Q, BOX 6SO
1 AGAINST YOU.
± BY HERSHEY, PENNSYLVANIA PW3*M
ATfORNLY
WE MEREST CERTIFY THAT THE WITHIN 15
A TRUE AND CORRECT COPY OF .TNE
ORIGINAL FILED IN THIS A=ION. - >
BY
ATMRNEY
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION -LAW
DEFENDANT : IN DIVORCE
ORDER
AND NOW, this day of 2001, upon consideration of the
Motion to Withdraw as Counsel for Plaintiff, it is hereby ORDERED and DECREED that John J.
Connelly, Jr., Esquire is granted leave to withdraw as counsel for the Plaintiff, Marc P. Volavka.
BY THE COURT:
J.
A
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536
SOMA L. VOLAVKA, CIVIL ACTION- LAW
DEFENDANT : IN DIVORCE
MOTION TO WITHDRAW AS C INSET.
John J. Connelly, Jr., Esquire hereby respectfully petitions this Honorable Court for Leave
to Withdraw his Appearance as counsel for the Plaintiff, Marc P. Volavka, and, in support thereof,
avers as follows:
Petitioner is John J. Connelly, Jr., Esquire.
2. The Plaintiff, Marc P. Volavka, and his counsel, John J. Connelly, Jr., Esquire, have
had disagreements over the strategy to be employed in presenting the matter.
The Plaintiff, on Sunday, April 22, 2001, at 5:00 p.m., e-mailed counsel and advised
him that he was being discharged as his attorney in the matter.
4. The matter at the time of discharge of counsel, was scheduled for a Master's hearing
on April 24, 2001 at 9:00 a.m. before the Cumberland County Divorce Master, E. Robert Elicker,
II, Esquire.
Given the position of the Plaintiff regarding his discharge, counsel is no longer in a
position to continue to represent the Plaintiff.
r, John J. Connelly, Jr., Esquire, respectfully requests leave to
ey for the Plaintiff, Marc P. Volavka.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY
By:
John A Connelly, Jr., Esquire
Yost-Office Box 650
Hershey, PA 17013
(717) 533-3280
PA I.D. No. 15615
A
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.
Date: Lf `• 1 C.
e
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 1999 - 07536
SONIA L. VOLAVKA, : CIVIL ACTION -LAW
DEFENDANT : IN DIVORCE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
Plaintiff, Marc P. Volavka, hereby certify that I have served a copy of the Motion to Withdraw as
CERTIFICATE OF SERVICE
Counsel on the following on the date and in the manner indicated below:
HAND DELIVER
E. Robert Elicker,11, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Andrea C. Jacobsen, Esquire
Jacobsen & Milkes
52 East High Street
Carlisle, PA 17013
Marc P. Volavka
1630 Holly Pike
Carlisle, PA 17013
JAMES, SMITH, DURKIN & CONNELLY
DATE: April 24, 2001
By:
Hershey, PA 17033
(717) 533-3250
PA I.D. No. 15615
MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVI"
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-07536
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S PRE-TRIAL STATEMENT
UNDER PA RCP 1920.33(b)
AND NOW COMES Defendant, SONIA L. VOLAVKA, Wife, by her
undersigned counsel and files her Pre-Trial Statement under Pennsylvania Rules of
Civil Procedure 1920.33(b):
By way of introduction, the following information is offered:
The parties, Plaintiff/Husband, Mark P. Volavka, and Defendant/Wife, Sonia
L. Volavka, were married on December 31. 1993, and lived together as wife and
husband for five (5) years until December 24, 1998, when Husband locked Wife out of
the marital home, which he owned, and refused to allow her to return. The parties
have no children born to this marriage, nor otherwise.
On or about February 25, 1999, Husband filed a Complaint to commence a
divorce action in the Court of Common Pleas of Dauphin County, Pennsylvania, to the
caption, Volavka u. Volauka, No. 887 S 1999. Defendant filed Preliminary Objections
to the Complaint, objecting to the venue in Dauphin County and seeking a transfer to
Cumberland County on the basis that both parties resided in Cumberland County.
By Order of November 5. 1999, the matter was transferred to this Court. Defendant
filed a petition for alimony, alimony pendente lite counsel fees, costs and equitable
distribution and for the appointment of a Divorce Master.
JACOBSEN & MILKES
Samuel W. Milkes
Andrea C. Jacobsen
52 East High Street
Carlisle, PA 17013-3085
Tel 717-249-6427
Fax 717-249-8427
May 10, 2000
E. Robert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Mark P. Volavka
No. 99-7536 Civil
In Divorce
Dear Master Elicker:
Sonia L. Volavka
My client's Pre-trial Statement, as filed with you, contains two minor errors
on page 2 as follows: Wife was born August 20, 1968 (not 1969) and earns $7.22 per
hour (not $8.73). I have made these changes to the enclosed corrected page 2 and
ask that it be substituted for the original incorrect page.
I apologize for the inconvenience.
Thank you.
Sincerely,
ACJ/dre
Enclosure
P NKES
a .Jacobson
CC: Sonia Volavka
John Connelly, Esq.
(corr) 0510E 1 icke n vo I
Husband was barn October 1, 1951, and is presently 48 years of age.
Husband is employed as Executive Director of the Pennsylvania Health Care
Cost Containment Council, which is located at 225 1?larket Street, Harrisburg, PA,
and has been so employed since 1993. His W-2 reports wages of $82,729 for 1999. As
of February 2000, his annual salary was $87,000. His federal income tax returns for
the last three years have also reported close to $9,000 in additional interest or
dividend income for each of those years.
Husband completed high school and attended post high school classes at
Cobleskill Agriculture and Technology, (1969); Suffolk County Community College
(1970 - 1972); and Dickinson College (1972.1975). His field of study was liberal arts.
He did not obtain a degree.
Husband has no known health problems.
Wife was born August 20, 1968, and is presently 30 years of age. Wife is a high
school graduate. She is presently employed at the Cracker Barrel Restaurant in
Carlisle, PA as a retail clerk and earns $7.22 per hour. She has occasional
opportunities for overtime work. As of June, 1999, her monthly net income was
determined to be $953.28 per month.
Wife is an amputee who lost one of her legs as a result of an accident as a child.
She was recently refitted with a new prosthetic at great expense which was covered
by health insurance benefits available to her through Husband's employer. Wife is
able to ambulate well, with a slight limp. She is otherwise in good health but may
face future significant expenses related to her artificial leg.
2
Husband was born October 1, 1951, and is presently 48 years of age.
Husband is employed as Executive Director of the Pennsylvania Health Care
Cost Containment Council, which is located at 225 Market Street, Harrisburg, PA,
and has been so employed since 1993. His W-2 reports wages of $82,729 for 1999. As
of February 2000, his annual salary was $87,000. His federal income tax returns for
the last three years have also reported close to $9,000 in additional interest or
dividend income for each of those years.
Husband completed high school and attended post high school classes at
Cobleskill Agriculture and Technology, (1969); Suffolk County Community College
(1970 - 1972); and Dickinson College (1972-1975). His field of study was liberal arts.
He did not obtain a degree.
Husband has no known health problems.
Wife was born August 20, 1969, and is presently 30 years of age. Wife is a high
school graduate. She is presently employed at the Cracker Barrel Restaurant in
Carlisle, PA as a retail clerk and earns $8.73 per hour. She has occasional
opportunities for overtime work. As of June, 1999, her monthly net income was
determined to be $953.28 per month.
Wife is an amputee who lost one of her legs as a result of an accident as a child.
She was recently refitted with a new prosthetic at great expense which was covered
by health insurance benefits available to her through Husband's employer. Wife is
able to ambulate well, with a slight limp. She is otherwise in good health but may
face future significant expenses related to her artificial leg.
2
Wife worked sporadically during the marriage but Husband encouraged her
economic dependence.
Wife offers the further information in accordance with Pennsylvania Rules of
Civil Procedure 1920.33(b):
1. Marital Assets and Non-Marital Assets. See attached list.
2. Expert Witnesses.
a. Real Property: Wife will call a realtor or real estate appraiser with
regard to the fair market value of the real estate owned by Husband and
its increase in value during the marriage if the parties are unable to
stipulate to such values. The expert has not yet been identified.
b. Pension and Retirement Benefits. Wife will call an actuary or other
qualified appraiser to report and testify as to the present value of the
coverture fraction of the PSERS pension benefits accrued by Husband
during the marriage. The expert has not yet been identified
Fact Witnesses. At this time, Wife does not expect to call any fact
witnesses at trial other than the parties. Wife asserts that Husband was
guilty of misconduct during the marriage relevant to her claim for alimony.
Wife reserves the right to call witnesses regarding the marital misconduct of
Husband and her mental and physical health in the context of such claim.
If the parties are unable to agree as to basic facts related to their
respective incomes and earning capacities, the date of separation, the value of
the parties' retirement interests and the other items of marital property., etc.,
Wife reserves the right to amend this response.
3. List of Exhibits. Pending receipt of Husband's Pre-Trial Statement and
discussion at the pre-hearing conference regarding the possibility of
stipulation, Wife intends to offer in evidence the following exhibits:
3
a. Income and Expense statements of parties.
b. Copies of the parties 1998, and 1999 tax returns.
c. Account statements as to date of marriage and date of separation
balances on bank assets of Husband.
d. Statement of Account of Husband's retirement benefits under PSERS as
of date of separation.
4. Pension or Retirement Benefits. See attached Statement of Account
setting forth estimated retirement benefits of Husband as of December 31,
1998. Wife seeks a present distribution of a share of the coverture fraction of
Husband's PSERS account. The December 31, 1998 Statement of Account
identifies an estimated Present Value of the Monthly Pension due to Husband
in the amount of $320,059.08. The account was acquired over 23.8889 years
of service. The parties were married prior to separation for 4.9808 years. The
coverture fraction is .2085. On such basis, the value of the coverture share of
the estimated Present Value of December 31, 1998 is estimated at $66,732.
5. Alimony Pendente Lite and Alimony. Wife is presently receiving
spousal support from Husband in the amount of $1,415.00 per month. She
seeks reasonable alimony in an amount dependent upon her health insurance
status and the distribution of marital assets.
6. Counsel Fees. Wife intends to present a claim for counsel fees and will
submit documentation regarding the fees, the basis for the charges, and an
itemization of charges at or before the hearing before the Divorce Master.
7. Tangible Property. At this time, Wife is aware of no dispute as to the
description or valuation of tangible personal property.
8. Marital Debts. Wife is aware of no current marital debts of the parties.
Husband's separate real property, acquired pre-marriage, is subject to
4
purchase money lien for debt of $32,000 as of February 2000. The amount of
the mortgage payment is $495 per month. Wife is not obligated on the
mortgage. Wife has separate debt for the post separation purchase of a
vehicle, a 1998 Dodge Stratis. The amount of the debt is $188 per month.
9.
Proposed Resolution of Economic Issues. Wife proposes that the
coverture share of Husband's pension and other marital property be divided
equitably between the parties, on a 55/45 ratio, with the greater share of assets
to Wife, due to: Husband's greater earning capacity; and Wife's significant
health problems, and Husband's non-marital pension interests and other non-
marital assets.
Wife proposes that she be awarded reasonable counsel fees and costs for
the costs incurred in this action and permanent alimony in a reasonable
amount.
Respectfully submitted,
Dated: '411j oC t(!..? u),
BY: Andrea C!Jacobsen, Esq.
JACOBSEN & MILI{ES
52 East High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 Fax
Attorney No. 20952
5
1998• STA MMENT•®fACCOUNT
Far? 14ARC P VOLAVKA
I'otu• statentent contains three sections: SECTION I: BASIC DATA
SECTION II: ESTIMATED RETIREMENT BENEFI'T'S AS OF DECEMBER 31,1998
SECTION 111: ESTIMATED RETIREMENT BENEFITS PROJECTED TO NORMAL RETIREMENT
A SECTION I: BASIC DATA
_ P
.,
Social Security Numbe
Sex:
BitUt Date: M
Coverage Ty e:
Contribution Rate:
Counselin Center:
Normal Retirement Date: 09-FEB-2010
Final Average Salary: $75,865.43
1998 Retirement Covered Earnings: $77,098.13
Total SSI Non-Covered Eantithgs:
Joint Coverage Conversion Amount:
Mandator Debi:
Service Credit as of Dec. 31 1998*
Years of Service Class Years of Service
N 23.8889
TOTALSERVICE
23.8889
SP
ECIAL CONDITIONS
Due to the folloving reason(s), special conditions apply to
your benefit estimates or estimates have not been calcrdated:
Arrears Balance as of Dec. 31 1998
-?
I Regular SSi
Taxable Breakdown of Yaur Accourrt++++
axaMleCOriuibuli0rts $40,957.89
Previous) 'ImedConuibutionns $15,750.45
Credited lnteresl(Taxabluj $18,599.12
Dec. 31, 1998, Balance $75,307.45
*If you are eligible to purchase creditable state and/or non.
state service, contact your Retirement Counselor for
in formation on purchasing service. All requests to purchase
serrice must be filed white you are an active, contributing
member.
** Ir formation filed on a Nomination of Eenefrcioy(les) form
before 1993 or since Dec. 31, 1998,' or involving special
circumstances (such as the designation of all estate or trust as
your beneficiary) nay not appear. A maximum of 10
beneficiaries nay be shown /sere; hovever, you may have
more beneficiaries in your retirement record. Keep your
beneficiary nomination current, You may change your
beneficiary nomination at arty time by fling a new
Nomination of Benefrctary(les) form with SERS. Forms are
mailable from your agency Personnel Office or your
regional SERS Retirement Counseling Center. Please
contact its if you do not want your benefrciary(ies) listed on
future Statements.
OJ7D (hear-76-Date) Adjustments reflect corrections to your
account for which you already have received notificmi u.
+'•++SERS is a defined benefit plan under Internal Revenue
Service Code Section 401 (a).
?d? t tutu u: ?JJIlIJA7J:D 'IIiEh1EN'I'
BENEFITS AS (,.
DECEMBER 31, 1998
This section provides an arlinta(e of your A4onthly pension
only tjyou have at least 70 yews of credited service or you
hare reached your Normal Retirement Date and have at least
three years of cr•edited.sen,ice.
Maximum Single Life Annuity th15LA)
Monthly Pension $1,S59.75
Accumulated Deductions $75 307 46
Option I
Monthly Pension $1,S00.42
Present Value $320,059.09
Option 4
(Adjusted for withdrawal of Accumulated Deductiatts).
Adjusted MSLA Monthly Pension $1,192.75
Adjusted Option I Monthly Pclnsfon $1,147.38
Adjusted Present Value Under Option l $244,751.62
Disability Retirement
Montthly Pension (if you qualify) $3,012.51
Death in State Service -?
$320,0S9.08
IMPORTANT INFORMATION
• Benefit Estimates are provided for:
• Maximum Single Life Annuity (also known as Full
Retirement Allowance) - Monthly Pension payment
made to you for lire; beneficiary(ies) receive(s)
Accumulated Deductions, less Monthly Pension
payments you received and any lump sun you received
under Option 4.
• Option 1 -.Monthly Pension payment made to you
for life; beneficiary(ies) receive(s) Present Value, less
Monthly Pension payments you received and any lump
stns you received under Option 4.
• Option 4 - At retirement, you may withdraw an
amount equal to all or any part of your Accumulated
Deductions. Yob may elect to receive this withdrawal in
up to four installments. Ifyou elect. this option, you must
also elect a Monthly Pension payment plan.
• Disability Retirement - You must have at least five
years of credited service (except Stale Police and
Enforcement Olrcer-calegory employes, who have no
minimum service requirement) and be certified by SERS
Medical Examiners as physically or menially incapable
of performing current job duties. Only active,
contributing members or those on leave without pay may
apply for Disability Retirement. You cannot withdraw
SECTION I. :,"S77'7AL4 TL'D RE TIREMENT
BENEFIROJECTED TO
NORhIAL IREMENT DATE
For members iarder normal retirenrem age as of
December 31, 1998, dris section provides Aforrtlrlj. Pension
estimates, projected io your Normal Retirement Date, ordy if
you have 10 or more years ojcredited service.
Normal Retlretrrent Dare: 09-FEB-2010
Maximum Single Life Annuity (MSLA
Monthly Penstou $4,590.91
Accumulated Deductions $170,084.51
Option I
Monthly Pension $4 210.69
Present Value 5754 24z 21
Option 4
(Adjusted for wilhdraval or Accumulated Deductions)
Adjusted MSLA Monthly Pension $3 555.76
Adjusted Option I himnhly Pension $3 281.27
Adjusted Present Value Under Option I 1584,177.70
?E
5
your Accumulated Deductions if you lake Disability
Retirement.
• Death in State Service - If you are vested and die
while an active employe, it will be assumed you retired
under Option I file day before your death. The Present
Value of your annuity will be payable to your
beneficiary(ies). If you are not vested, your
Accumulated Deductions will be payable to your
benef iciary(ies).
0 Benefit Estimates assume:
• Your future earnings will be the same as in 1998.
• You continue in your present class of service as a
full-tire employe.
• Retirement tables and factors remain the same as
those inn use on Dec. 31, 1998.
• Any Arrears Balance will be paid (exception - those
members who are currently vestees or in a furlough
status).
• Your comings will not exceed the federal Social
Security taxable wage base after 1998.
• Joint Coverage is converted to Full Coverage prior
to or at the time of retirement.
Commuted on back page
• Any Mandatory Debt, with appropriate interest, has
been actuarially reduced from the Present Value of your
account.
Note: If you have credited service as a Multiple-
Service member (service in both SERS and the Public
School Employes' Retirement System (PSERSJ), your
estimate does not include your PSERS contributions.
Your service may be overstated if in any calendar year
you have Concurrent Service.
9 Other Monthly Pension plains
(not estimated here) are:
• Option 2 and Option 3, which ate based an your
date of birth and the date of birth of your designated
survivor. The younger your survivor, the lower your
Monthly Pension amount. Following your death, Option
2 provides your survivor the sauce Monthly Pension you
received, while Option 3 provides your survivor one-
half the Monthly Pension you received. Contact your
SERS Retirement Counselor for payment estimates
under Option 2 and Option 3.
TERMS & DEFINITIONS
Following are definitions of teens used in your Statement of Account. For nrore information, refer to your SERS
Member Handbook
Accumulated Deductions.- Tolal of contributions plus Credited Interest canted on your retirement account.
Active Member: An employe for whom contributions are being made to the Fund or who is on leave without pay.
Annuity: The pension benefit paid in monthly installments.
Arrears Balance: The balance owed to your retirement account for which you are snaking payroll deductions.
Beneficiary(ies): The person(s) or organization(s) you last designated in writing to SERS to receive any remaining
pension benefit upon your death.
Concurrent Service: Service its SERS and the Public School Employes' Retirement System (PSERS) for which you
contribute to both systems at the same time during any year of membership.
Credited Class of Service: A-60 - Normal Retirement Age of 60; A-50 - Normal Retirement Age of 50; C -.Normal
Retirement Age of 50 as a State Police Officer or enforcement officer whose service began prior to March 1, 1974;
D-3 - Normal Retirement Age of 50 as a member of the General Assembly whose service began prior to March 1, 1974;
E-1 - Normal Retirement Age of 60 for members of the Judiciary; E-2 - Normal Retirement Age of 60 as a District
Justice; PSERS - Service with the Public School Employes' Retirement System; SSI-60 - Normal Retirement Age of 60;
SSI-50 -Normal Retirement Age of 50. If you have any creditable State or nonstate service not included, contact your
SERS Retirement Counselor for information on purchasing such credit. All requests to purchase service must be filed
while you are in an active pay status.
Credited (or Statutory) Interest: Member account interest set by law at 4 percent per year, compounded annually.
Final Average Salary: The average salary of three non-overlapping periods of four consecutive calendar quarters.
Typically, this is the average of the highest three years of compensation.
Full Coverage Member: Any member making regular member contributions who joined SERS on or after July 1, 1964.
Joint Coveinge: For members who joined SERS between May 28, 1957, and June 30, 1964, elected Social Security
coverage and paid a reduced retirement rate into SERS.
Mandatory Debt: A debt to be satisfied at the time of retirement through an actuarial reduction to the Present Value of
the member's account.
Normal Retirement Date/Age: Also called superannuation age, normal retirement age for most members typically is age
60 with at least three years of credited service or any age upon attaining 35 years of credited service, whichever occurs
first. Age 50 is normal retirement age for a member of the General Assembly, an enforcement officer, a correction
officer, a psychiatric security aide, a Delaware River Port Authority policeman, an officer of the Pennsylvania Stale
Police, or a member of any other membership group stipulated by legislative revision of the Retirement Code.
Present Value: The total value of a member's retirement account that funds annuity payments over his or her lifetime;
this also is the amount paid to a vested member's beneficinty(ies) when n vested member dies in State service.
SSI (Social Security Integration) Contributions: For eligible members who elected SSI coverage, the total
contributions on earnings exceeding the federal Social Security tax base for all years of SSI coverage since Jan. 1, 1956.
VesteeNested: Eligible to receive a SERS monthly pension.
JCeep your Statement in a safe place. There is a $5 charge for each duplicate Statement.
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APR. -25' 01 (MON) 12:58 JAMES SMITH DURKIN & CONNELLY TEL:717 533 3280
JAMES, SMITH, DURKIN & CONNELLY LLP
FACSIMILE TR.I NrSMITTAL SHEET
? 717,533,2795
9(717,533.7771
0 PER YOUR REQUEST O PLEASE REVIEW AND RPPI.Y Xi FOR YOUR INFO
The mamanls aansrulnnd by dds fwimilc air. scot by an artomey or kWher ogent and are comidemd coaf0m61
and am intemlcd only for din use of the individual ucentity named,
if she adrl ettce is n clienq Huse mamriatt mnynho
he subject so applicable privilgp- If she rccipicat of dlese maledsds is not the arldtessee, be nw-An that any
dissemination or copying of dhis communication is stdcdy prohbised. If lau have reeeivecl this communicatinn in
ever, plfnse immuliattly notify us at (717) 5333280 (collect) assd return the trammiticd materials to us at the above
address via the US. postal mrvice. Wo will wisnburre your costs incurred in connection with shin ermleoui
transmi3sion and your mtum of these marasialt.
This office will not accept service of legal papers via facsimile or e-mail purruatst to Pa,R.C P. 410(d)0)
[Service of Legal Papero Other than Original Process].
NOTES/COMMEN75; ? '?"-'?
MAILING ADDRESS:
P.O. BOX 650 • HERSHEY, PA 17033
STREET ADDRESS:
134 SIPE AVE. ?HUMMELSTOWN, PA 17036
PHONE: 717.533.3280 ? FAX: 717.533.2795 OR 533.7771
E-MAIL: JSDINFOQJSDLEGAL.COM
P. 001/005
J
TWURRNCU NUMaalt, IP ANY, 3ENDF.11'5 PHON R NUMBEA:
717.533.3280 EXT.#
RU, SENDE'R'S PAX NUMBER:
SENT BY: COMMONWEALTH OF PA; 717 232 7029; APR-25.01 12:23PM; PAGE 2/2
Master Robert Elickcr
Cumberland County Court
Via Fax - 717-240-6248
Dear Master Elicker:
At approximately 10:35 a.m. this moming, i received a call from Andrea Jacobsen.
During that discussion, she indicated that she would be willing to arrange a three-way
discussion with herself, you and me to discuss the current situation with my former
attorney.
At 12:50 p.m. today, I contacted Ms. Jacobsen's office to inquire if she had made
arrangements for the three-way conversation. I talked with Dana. I left a message for
Ms. Jacobsen to return my phone call.
I can make arrangements to hire Ms. Laurie SaltzgIver of Meyers, Desfor, Sallzgiver &
Boyle, but the earliest she can meet with me is tomorrow morning, April 24, 2001, at
10:00 a.m. Ms. Saltzgiver's specialty is divorce proceedings and I believe she will
provide adequate representation.
Please advise as to my course of action or any court documents that must be filed for me
to request a postponement.
Best regards,
Marc P. Volavka
Executive Director
MPV/dis
cc: Andrea Jacobsen, Esq.
Z'
;j
APR. -23' 01 (MON) 12:58 JAMES SMITH DURKIN & CONNELLY TEL:717 533 3280 P. 002/005
JAI ms SMrrfl DIJnM & CDNNsay up
JONI J. Connelly. Jr.
hP;jrahdlcyul.com
2001
April 23 M.UIC01ch
, I:M Fill- AVhN i
:
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I'Vic
MAP' .114, WJIIT'<4
1-1.1 W. lib
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VIA FACSIMILE 1717) 2-7029 u, iu va:rvrn
Mare P. V41avka r.s ,Ir:u?arrel
0A. qb c,Y.Ea,xea IM
1630 Holly Pike 1
Carlisle, PA 17013 to 11.
JIIIIII; rll.l.v.I..
Hurl Iy WIJ 14,11 •.I
W+IIIeW vx5. VA 171111
Dear Marc,
I am in receipt of your e-mail dismissing me as your counsel. The contents of
your file pertaining in this matter will be available to be picked-up at my office alter
12;00 Noon on Monday, April 23, 2001. Gw L•,UMes
VM. J. SMITH, Jp.
I will notify the Divorce Maslen that my representation has been terminated and j MmJ CO"InLT. JR.
will also notify Attorney Jacobsen. MAOCLU
Si~ A. a7m.
Ja n J. MCNxM Y, III
As to the rest of your correspondence, I feel the need to respond. Because your
DIATIMICK
SCOTT
elv.GCA K RIMAma
wife filed a response to your divorce action raising economic claims, you could not sIJU M Wtt "
withdraw your divorce action. Changing the Complaint from a fault to a no-fault count in aJ~ W. , M. M I?µ
no way changed your rights. 1 did not indicate to you that it was impossible to allege a EDWAW P SbxYln
fault count, I told you it was pointless since, at the time, site had an alimony claim which
would permit you to raise fault issues.
You have no basis whatsoever to believe I "lied to you" and I am offended by the
allegation. In reviewing the file, I see numerous attempts to contact you, many of which
went unheeded. You were completely ignoring this case and expecting me, at the last
minute on every occasion, to address long-buried and/or resolved issues.
Had you listened to my advice in the beginning of this matter, you would have
been out from under this entire case with a minimal payment and would have long ago
moved on with your life.
My advice to you on the issue of the challenge of spousal support was that it was
a waste of time and money since your wife's attorney made it clear to me she would
make an alimony pendente lite claim which would have provided her with not only the
same amount, but more money since your income had increased and, since at the time of
the support conference, they did not take into account your interest and dividend income
as well. In fact, the support matter was also scheduled for an alimony pendente lite claim
at the same time.
I never indicated to you that calling wimasses "would have no impact on spousal
support", but that 2 claim for alimony pendente lite would merely replace the spousal
APR. -23' 01 (MON) 12:58 JAMES SMITH DURKIN & CONNELLY TEL:111 533 3280 P. 003/005
April 23, 2001
Page 2 of 4
support claim and make the witnesses' testimony academic. Your filing of the Complaint
to stop spousal support did not cause her to withdraw her spousal claim, Her decision to
withdraw the spousal support claim was a concession made by Sonia through her attorney
in order to secure the bifurcated Decree In Divorce which may well have been granted by
the court at the time ofa hearing. At that point in time, the spousal support award would
be converted to alimony pendenle lite until the conclusion of the economic issues.
In agreeing to the bifurcation, you avoided continuing spousal support/alimony
pandente lite payments as well as a potential hearing on a bifurcation and the substantial
legal fees which would have been attendant thereto. You are correct that we wanted them
to make a good faith effort to negotiate a settlement, however, they all along have alleged
that your offers have not been acceptable and, on several occasions, f had made offers
and then withdrawn them at your direction.
They arc entitled to have a Master's (tearing and I assume they intend to go
forward with it tomorrow.
In the correspondence portion of your file is a ]otter received from Andrea
Jacobsen on Friday indicating that she was willing to sit down tomorrow morning at 8:30
and discuss a settlement.
This matter has been rescheduled on numerous occasions and the Divorce Master
made it clear, as I made it to you in our conversations, that the hearing will be held on
April 24, 2001.
I noted in review of the file that in my notes I have reference to a telephone call to
Andrei Jacobsen's office in March requesting that we exchange proposals and also
indicating that I felt they would probably want to go ahead with the hearing. She and 1
spoke on several occasions since the last Master's proceeding, but were very far apart in
ourpositions.
Back at the time the Stipulation to Bifurcate was signed in February of 2001, both
Attorney Jacobsen and I discussed the possibility of reaching an agreement and, in fact,
talked in terms of where we were at the time of the last Master's hearing. Al that tune,
she reiterated their intent to get forty-five (45%) percent to fifty (50%) percent of the
marital assets which, obviously, would not be a resolution acceptable to you.
You are correct that I indicated you had to personally drop off the Stipulation to
Ms. Jacobsen's office no later than 5:30 on the 5'h because a hearing was scheduled for
the following day which served no purpose given the agreement reached. This again was
an attempt to save you counsel fees which, by the way, have been billed since December
in the amount of $2,067.50 and remains unpaid.
i;Tn
APR. -23' Ol (MON) 12:59
JAMES SMITH DURKIN k CONNELLY TEL:711 533 3280
P. OOJ/005
April 23, 2001
Page 3 of 4
T indicated to you in our conversation that I made several attempts to reach
Andrea Jacobsen regarding a settlement, I on no occasion said that she refused to return
my telephone calls. This is once again a characterization by you, not by rte. As 1
indicated, Andrea and I exchanged telephone calls during the ensuing months from
January through March, however, no correspondence was directed on that issue with the
exception of a flurry of activity in December and January regarding proposals to settle.
You place all of the responsibility on the attorney for not having meaningful
settlement discussions. You made no attempt to contact me since February except for our
discussions regarding the bifurcation. I wrote to you in March and indicated we had a
Master's heating coming up and heard nothing from you until last weel, when you finally
returned my telephone calls. You've accepted no responsibility whatsoever in addressing
issues, but have merely made demands on me and specifically required me to write
certain letters which I advised you were not necessarily the most appropriate course of
action. Offers made and withdrawn were directed by you. You mention my "proactive
involvement," but have done frothing yourself including responding to correspondence or
phone calls.
Your attempts to delay this matter further will, in my opinion, ?rove fruitless.
They are willing to sit down with you on the morning of April 24' to discuss a
settlement, however, I expect they intended this with the understanding that you would
have counsel present. I will advise Ms. Jacobsen to communicate with you today slid let
you know whether she is still willing to meet.
As to our April 181h conversation, the only witness Ms. Jacobsen intended to call
was a woman regarding the value of the house to which you expressed no concern. Now
your correspondence indicates that I told you she intended to call "witnesses." Once
again, an inaccurate characterization of my conversation with you and Ms. Jacobsen. 1
do know they have subpoenaed information from the Pennsylvania State Employee's
Retirement System.
Once again, I reiterate that it is pointless to call witnesses regarding Sonia's
adulterous behavior. Her contribution to the marriage is the issue ut the divorce hearing
and you are the best evidence of that contribution. Subpoenaing possible witnesses will
not impact the equitable distribution of marital property.
As to discovery, virtually all of the financial assets were in your possession and
were increases in value in pre-marital assets, hence the creed for them to file detailed
Interrogatories. Filing the "same level of disclosure" of Sonia was not warranted nor
necessary. You have income information for her over the period oFyour marriage which
APR. -23' O1(MON( 12:59
April 23, 2001
Page 4 of 4
JAMES SMITH OURKIN & CONNELLY TEL:717 533 3280 P.005/005
will establish the amount of money she could have saved because of you paying all of the
bills. The equitable distribution in this case sterns from the increase in value in your non.
marital property and not from actual assets acquired during the marriage since they were
minimal.
As to Sonia's words to you on December 24, 1998, mtmy comments are made
during marriages and parties do, in fact, fall out of love, yet continuo to stay for
numerous reasons, not all of which are valid, Date of separation is an announced intent
to separate by both parties and communicated to each and is not based on adultery or
emotionally leaving a marriage. There is clear case law on this issue.
I believe your best presentation should surround not only the comments she made
to you on December 24 ,but her "contribution" to the acquisition of assets during the
marriage. I share your feelings that the passive increase in your assets should not be the
subject of a forty-five (45%) percent or fifty (50%) percent distribution to her, but the
status of the case law does not strongly support your position. If you intend to make a
now law in this area, it is my suggestion that you retain other counsel and address this in
a way in which I intended to address it on April 24".
The Master is requiring me to appear tomorrow at 9:00 a.m. to address your
correspondence on the record. You must be there at that time unless you intend to meet
with Andrea Jacobson and her client at 8:30 a.m. in an attempt to settle the matter, if you
intthd to go at 8:30 a.m., you should confirm this with Andrea Jacobson.
.iJC jlk
cc: H. Robert Flicker, II, Esquire
Andrea C. Jacobsen, Esquire
Very ours,
John J. Connelly, Jr.
L/
ru®1?11?\Ill??? A A I??ATRRIII>®I?I???? _
I 't
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SENT SY: COMMONWEALTH OF PA; 717 232 7020; APR-23.01 12:23PM; PAGE 1l2
Pennsylvania Health Caro Coat Containment Council
226 Mar4ta! Streeti Suite 400
Harrieburg; PA 17101
Date ; o a 3 yam 1
Number of pages Including cover sheet
TO: ttC'g" 1W?* -cQJ- )
Comeany L mthojA .,
FROM: Mare P. Volavka
Executive Director
Phone 717-232-0787
Fax Phone 717-232-7029
Phone d4D e5?5
Fax Phone _ X411 bd4g
CC:
? Urgent ? Foryourreview ? RepIyASAP ? Please comment
tj-%:1 ear cv*u.jU60,
moeic--114
The Information contained In this facsindle message Is Intended only for the personal and confidential use of the designated
reciplent(s) named above, This message may be an Attomey-cllent ora confidential communication, and as such la.pdvdaged
and oothidentlal. If the reader of this message Is not the Intended recipient or an agent responsible for delivering it to the
Intended recipient, you are hereby notified that you have received this document in error and that any review, dlasereinatlon,
distribution, or copying of this message Is strictly prohibited. If you have received this communication in error, please notify us
Immedlatoly by tolaphono and return the original message to us by mail.. Thank you.
IC
a?
v.
BENT BY: COMMONWEALTH OF PA; 717 232 7029; APB-23.01 6:56AM; PAGE 6/6
jan z Smrm Duprw & Ccx a.,m1Y ur
John frrtt. Connelly, h.
kcilasdletpl.Nn1
April 20, 2001 •.
:>:c
,
1:: Trr ,.,? •::
l
lft
%r
VIA FACSIMILE (717) 249-8427 ?o
+. •.. ,? :. mr
Andrea C. Jacobson, Esquire
JACOBSEN & MMKES
52 East High Street _1=' _ • •••
Carlisle, PA 17013 :C1••:39^:x:.:,. ,•.-:
Re: Volavka v. Volavka
Dear Andrea:
On previous occasions T have requested information of your client regarding both
income and assets. Please provide to us at the time of the hearing
your client's W2s MM J
sr„
,
from the date of the parties' marriage to the present as well as information on any other .
in.
V4"N MKN
source of income. lwrr J. co"+ Ly. JA.
3iwuf:. Maa:t
STN,N A. STINk
We are also requesting that you provide us with copies of her bank statements JOM+J. MCNALLr. III
Scup A oerr!era
during the marriage and a list of jewelry she has retained with values designated. GaU4fn I<. nIeH1MIy
nowN I • o• r
SVdw M. Knees
• I? W. IIMM, w.N
In previous correspondence as well as discussions at the time of the last Master's 0oN M. MM 4
conference, we exchanged proposals to attempt to settle this case. Obviously, at that Em-nn P. Smtm
point we appeared to be close but could not complete an agreement.
My client is prepared to sit down on Tuesday, April 241h at the time of the
Master's hearing in order to meaningfully discuss a resolution. It will require the
presence of the patties and counsel at the Divorce Master's office at 9:30 a.m. to begin
discussing these issues. It is my understanding you will be contacting Mr. Eiicker's office
and delaying the start of the Master's hearing until will can make a boniftde attempt to
reach a settlement.
Reviewing prior correspondence and our last discussions should give us each a
foundation to begin discussions on Tuesday morning. Please be sure that the information
we have requested in this correspondence will be available at the time of the healing.
Very'rul ours,
Jo . Connelly, Jr.
JJC:leas
cc: Mark Volavka
SENT 8Y: COtMONV15ALTH OF PA;
PHCt4 FAX
Date .pron.' D d 3 'Ohl
Number of pages Including cover sheet
la-
To: Otw' 't'j' &Q0j15N0
Company ,c m hoc On rA
Phone
Fox Phone Un-LeaU?
CC:
Penneytvania Health Care Cost Containment Council
225 Market Street Suite 400
Harrisburg, PA 17101
FROM: Marc P, Volavka
Executive Director
Phone 717-2324787
Fax Phone 717.232.7028
? Urgent ? For your review ? Reply ASAP ? Please comment
-?L4&a- "W /o -T-4a- W,
`MOZ&O &)&4 F.&J44'o
l??. ubu
0
The Information Contained In this facsimile message is Intended only for the personal and confidential use of the deelgnated
rodplent(s) named above. This message may be on Attomay-diem or a confidential communication, and as such 10 pdvllegad
and confidential. If the reader of this massage Is not the Intended recipient or an agent responsible for delivsring it to the
Intended sapient, you ere hereby notified that you have received this document in error and that any review. dissemination,
distribution, or copying of this meaaegs is stdody prohibited. If you have received this communication in error, Please notlty us
immer latsy by telephone and return the original message to us by mall.. Thank you.
717 232 7029; APA-23.01 8:57Ati; PAGE 1
SENT 8Y: COMMONWEALTH OF PA;
FAA
PHU Date sD aC01
Number of pages including cover sheet
To. -ma&s11 .0'OQ.4 CxjCk2n
company C"M bog onna
Phone e940- (D-S35
Fax Phone A4D- foa48
CC:
Pennsylvania Health Care Coat Containment Council
225 Market Street,.Sulte 400
Harrisburg, PA 17101
FROM: Marc P. Volavka
Executive Director .
Phone 717-232-8787
Fax Phone 717-232-7028
? urgent ? For your review ? Reply ASAP ? Please comment
?Q? ? ic,akR- : Ax ?? e+,.}?o?rlted, ? ups -fwcc?Q
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The Information contained In this faialmlla message Is Intended only for the personal and confidential use of the designated
raclplerd(s) named above. This message may be an Anomey-client or a oonkenttet communication, and as such le privileged
and oonlidemial. If the reader of thla msesago is not the Intended recipient or and" responsible for delivering k to the
intended redptent, you are hereby notified that you have received this document In error and that any review, dissemination.
distribution, or oopying of this message Is at&-Uy prohibited. If you have received this communication In error, please notify us
immediately by telephone and return the original message to us by mail., Thank you.
717 232 7029; APR-23.01 8:57AM; PAGE 2
Yn .:F
SENT By: COMMONWEALTH OF PA; 717 232 7020; APR-23.01 8:57AM; PAGE 3
1630 Tinily Pike
Carlisle, Pennsylvania 17013
April 21, 2001
John J. Connelly, Jr.
James, Smith, Durkin & Connelly
P.O. Box 650
Hershey, Pennsylvania 17033
VIA TAX (717)533-2795
Dear John:
Effective immediately, you are dismissed as my attorney and are no longer representing.
me in any actions regarding Volavka V. Volavka. Please be prepared to return to me on:
Monday, April 23, 2001, all files pertaining to the above entitled action, including but not
limited to copies of all correspondence to the Court, Andrea Jacobsen, any notes or
documents created by you in reference to conversations between you and the Court
and/or Ms. Jacobsen, and all original documents supplied by me to you and retained by
you in preparing the disclosure required by Ms. Jacobsen and the Court, including but not
limited to original bank statements, W-2's, tax returns and other documents. I will need
these documents for my hearing on April 24 h.
You have failed to provide appropriate representation to ensure that my legal rights have
been protected. Despite the fact that I indicated to you for well over a year that I desired
to withdraw my complaint for divorce, you indicated tome that that was not possible.
Despite the fact that J then indicated to you for well over a year that 1 wished to change :
the complaint from "no-fault" to "fault", and present witnesses to my wife's adultery, you
indicated to me that that was not possible. On or about January 30, 2001, I received a .
copy of a letter from Ms. Jacobsen to you dated January 23, 2001 and a copy of
"Affidavit Under Section 3301(D) of the Divorce Code" signed by Sonia on January 28,
2001. As you will recall, we had a significant and acrimonious discussion concerning the
meaning of that document. I now have reason to believe you lied to me concerning the
timing of service of the original complaint, and the implications for withdrawal and or
change in the complaint.
As you will also recall, for well over a year I indicated to you that 1 wanted to challenge
Soma's continued receipt of "spousal support", since she was continuing to commit
adultery and live with another man. You consistently indicated to me that it didn't make
any difference, and that there was no point since the court could award alimony pendente
lite in its place. It was not until. on my own. I filed complaint to stop spousal support in
January of this year, that my wife and her atoomey were forced to deal with this
SENT BY: COMMONWEALTH OF PA; 717 232 7029; APR-23.01 8:58AM; PAGE 4
adulterous situation. It is my contention that Sonia received "spousal support" for well
over a year when she wasn't legally entitled to it, and I indicated to you that I could call .
witnesses that would testify to that fact. You indicated tome that calling witnesses
would have no impact on the court.
It was my filing of the complaint to stop spousal support that finally produced
communication between Counsels regarding Sonia voluntarily agreeing, amongst other .
things, to withdraw her claim for spousal support in exchange for my agreement to
bifurcate the divorce. At that time, and consistently throughout this matter, I indicated to
you that I would be willing to bifurcate the divorce only if Sonia and her Counsel agreed
to make food filth efforts to resolve outstanding economic issues prior to our hearing on
April 24 . I insisted that you incorporate that into the final stipulation.
To date, there have been no such discussions. During our conversation of April 18, 2001,
I asked you directly if you had attempted to arrange such discussions, as I had asked you
to do in a conversation on or about Fehruury 5, 2001, when I agreed to sign the proposed
stipulation to bifurcate that you faxed to me and indicated that I must personally drop off
at Ms. Jacobsen's office not later than 5:30 that day.
You indicated to me that you had made several attempts to reach Ms. Jacobson and that
she had refused to return your phone calls. I asked you if you had put this request in
writing to her, and I again ask you to produce letters, or evidence of your phone calls, that
indicate your proactive involvement in ensuring that Sonia and her Counsel live up to
their end of the bifurcation agreement; since it will be my contention that their willful
failure to live by the terms of that agreement makes the divorce null and void. It will also
be my contention that the hearing on April 24i° be postponed until these discussions
occur.
It was also not until our conversation of April 180'that you indicated to me that Ms.
Jacobsen intended to call witnesses. As you will recall, as I have repeatedly indicated to
you, I again, in a lengthy conversation with you at Fay's Country Kitchen in December of
2000, indicated to you that if they intended to call witnesses, I wanted to call witnesses,
and I identified many of the witnesses I wanted to call to you at that time. Your
assurance to me was that there would be no need for either party to call witnesses, or
something to that effect. Since I indicated to you that several of the witnesses I wanted to
call would likely be hostile witnesses, I thought we would need to supeoon them.
Clearly, at this late date, I have no opportunity to subpoena witnesses fbr a hearing on
April 24t.
Finally, in a letter dated April 20. 2001, sent VIA FAX from you to Ms. Jacobsen, you
have finally sought the disclosure i have been asking for well over a year. Perhaps I do
not understand the law on disclosure, but when Ms. Jacobsen sought disclosure from me,
she did so through a series of detailed interrogatories, which included not only detailed.
requests for documents, but also requests to answer personal information. I have
repeatedly indicated to you that I wanted the same level of disclosure demanded of Sonia
Please ensure that the documents you turn over to me on Monday, April 23te include all
SENT BY: COMMONWEALTH OF PA; 717 232 7029; APA-23.01 8:58AM; PAGE 5
previous correspondence to Ms. Jacobsen rcgarding our requests for disclosure, as I
cannot see how determination of "equitable distribution" can be made by the Court
without both sides being required to disclose marital assets, and/or the circumstances
under which those assets were expended.
On the evening of December 24, 1998, when my wife returned to our house to pick up
personal belongings she wished to take with her as she was abandoning the marriage, her
last words to me when I asked her why was she doing this were: "4 haven't been in love
with you for years; I haven't been physically attracted to you for years." 1 now believe
that may have been the only time in our entire relationship that Sonia told me the tnrth.
Her own words to me clearly are evidence that the marriage had ended long before she
walked out on December 24, 1998, and her continued insistence that she is entitled to
equitable distribution of my assets is sickening to me given the fraud she perpetrated.
This is the case i have asked you to make, and J intend to continue to make this case as
vigorously as I can.
I will make arrangements to pick up my file on Monday, April 23`d
Regards,
r?Ly?iT K
Marc Volavka
Cc: Andrea C. Jacobsen
E. Robert Clicker, 11
?%%us S%ir I DuRKIN & CONN iLLV t.lr
April 28, 2000
E. Robert Elicker, 111, Esquire
Cumberland County Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Mark P. Volavka v. Sonia L. Volavka
No. 1999 - 07536
Dear Mr. Elicker:
Based on my request, it is my understanding you have granted an extension of
the Pre-Trial Statement until Friday, May 5, 2000.
It is further my understanding that this request was granted over Andrea
Jacobsen's objection.
Very
Connelly, Jr.
JJC:jlk
cc: Andrea C. Jacobsen, Esquire (via facsimile 717-249-8427)
. g1IT AWNII(
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BUSINESS &
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CIVIL LJUGAnaI
CREDITORS' RIGHTS
EDUCATION LAW
EMPLOYMENT LAW
ESTATE PLArINAG
FAMILY LAW
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E. Robert Elicker, 111, Esquire
Cumberland County Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Volavka v. Volavka
No. 1999-07536
Dear Mr. Elicker:
Enclosed please find Marc Volavka's Pre-Trial
JJC:jlk
cc: Andrea C. Jacobsen, Esquire
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COURT OF COMMON PLEAS
DAUPHIN COUNTY CIVIL ACTION
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Complaint ( k! )
Date of Entry ('4i P JA 1?d w 5 lqqc? Petition ( )
Appeal _
( )
Writ of Execution Issued: Custody ( )
Assumpsit ( )
Appearance For: Divorce ( )
Plaintiff: Mortgage Foreclosure ( )
61 Change of Name ( )
Ejectment ( )
Quiet Title ( )
Defendant: Appl. of Viewers ( )
Replevin ( )
Declaration of Taking ( )
Forma Pauperis ( )
Mental Health ( )
Protective Order ( )
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November 5, 1999- Upon consideration of Defendant's ,-
_
.
Motion to Transfer Venue and the,
Stipulation of counsel, the Prothonotary is hereby directed to transfer this matter
and all related documents to the Court of Common Pleas of Cumberland County,
rennsyivania. Is/ Jeannine Turgeon, Judge. See ORDER filed. Copies to Atty 11-10-99 I
November 15, 1999 - The above action transferred to the Cumberland County Court of Comnon Pleas.
Date/Amount ---ute/Amount
Filing Fee Adm. Fee - Divorrotri nC -t y OO 01
Atty. Appearance Adm. Fee - Custody
Sheriffs Costs Apt. of Master
Discontinuance Cash Bond
Pmccipe for Argt. Cen. of Readiness
Rule of Reference Escrow Funds
RR7 I
al
MARK P. VOLAVKA,
Plaintiff
v.
SONIA L. VOLAVKA,
Defendant
: IN THE COURT OF COMMON PLEAS
: DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999 ?Zo..9 9. '763e. ?u* T"
: CIVIL ACTION - LAW
: IN DIVORCE
O R D E R
AND NOW, this day of November, 1999, upon consideration
of Defendant's Motion to Transfer Venue and the Stipulation
of counsel, the Prothonotary is hereby directed to transfer
this matter and all related documents to the Court of Common
Pleas of Cumberland County, Pennsylvania.
MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
ORDER
NOW in consideration of Defendant's Motion to Transfer Venue and the
Stipulation of counsel the Prothonotary is hereby directed to transfer this matter to
the Court of Common Pleas of Cumberland County, Pennsylvania
By the Court:
J.
MARK P. VOLAVICA, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. :NO. 887 S 1999
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION TO TRANSFER VENUE
AND NOW COMES, SONIA L. VOLAVICA, by counsel, Andrea C. Jacobsen,
Esquire, JACOBSEN & MILKES, and moves this Court to transfer this matter to
the Court of Common Pleas of Cumberland County, Pennsylvania, and avers in
support hereof as follows:
1. Plaintiff filed a Complaint to commence this action on or about February
25, 1999. The Complaint has never been served on defendant.
2. As set forth in the Complaint, both parties reside in Cumberland County.
Both parties resided in Cumberland County during the marriage of the parties, and
since the separation of the parties in December 1998.
3. Defendant does not now agree and has never agreed, to the venue of
Dauphin County.
4. The Defendant filed Preliminary Objections to the Complaint in Divorce
objecting to the venue in Dauphin County and seeking a treanfer to Cumberland
County in accordance with Pennsylvania Rule of Civil Procedure 1006(e).
5. Counsel for Plaintiff and Defendant have stipulated that Cumberland
County is the more appropriate jurisdiction for this divorce action and that they will
execute any documents necessary to have the matter transferred to Cumberland
County forthwith. A copy of the written Stipulation of counsel is attached hereto
and made a part here of as Exhibit A.
WHEREFORE, Defendant requests this Court direct the Prothonotary to
transfer this matter to the Court of Common Pleas of Cumberland County,
Pennsylvania.
Respectfully submitted,
BY: Andre . Jacobsen, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427 Telephone
(717) 249-8427 Fax
Attorney No. 20952
ti.
MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant/Petitioner
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
: NO. 887 S 1999
CIVIL ACTION -LAW
IN DIVORCE
STIPULATION
AND NOW, comes Mark P. Volavka, Plaintiff, by his attorneys, James, Smith, Durkin &
Connelly, by John J. Connelly, Jr., Esquire and Sonia L. Volavka, by her attorneys, Jacobsen and Milkes,
by Andrea C. Jacobsen, Esquire, and a Stipulate as follows:
Plaintiff filed a Complaint in Divorce on February 25, 1999.
2 The Defendant filed Preliminary Objections to the Complaint in Divorce objecting to the
venue in Dauphin County.
3. Both counsel for Plaintiff and Defendant pursuant to the Stipulation, agree that
Cumberland County is the more appropriate jurisdiction and further stipulate that they will execute any
documents necessary to have the matter transferred to Cumberland County forthwith.
IN WITNESS WHEREOF, counsel for the parties hereto intending to legally bound, set forth their
signatures.
-/t 0,00
onnel yl', Jr., Esqu>re (` Andrea C. Jac bserr "squire
for Plaintiff ` J Counsel for De ant
f
TG
YOU ARE HEREBY NOTIFIED TO PLEAD TO -
THE ENCLOSED WITHIN
TWENTY IJOI DAYS OF SERVICE HEREOF OR
.: A DEFAULT JUDGMENT MAY BE ENTERED
:AGAINST YOU,
BY
- ATTORNEY
MARC P. VOLAVKA,
PLAINTIFF
V.
SONIA L. VOLAVKA,
DEFENDANT
LAW OFFICE
^WK HEREBY CERTIFYTHATTHC WTHIN IB
JAMES, SMITH, DURKIN & CONNELLY, LLP A TRUE AND CORRECT COPY OF THE
• ORIGINAL FILED IN THIS ACTION.
P. Q BOX 650 .. By
.
HERSHEY. PENNSYLVANIA 17033-WO ATTORNEY
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. CIVIL ACTION - LAW
: IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a Decree in Divorce or annulment may be entered against
you by the Court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for 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 the Dauphin County Court House, Room 101, Front and
Market Streets, Harrisburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Dauphin County Lawyer Referral Service
213 North Front Street
Harrisburg, Pennsylvania 17101
Phone: (717) 232-0581
MARC P. VOLAVKA,
PLAINTIFF
V.
SONIA L. VOLAVKA,
DEFENDANT
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. ?'/,4 lvv
CIVIL ACTION - LAW
IN DIVORCE
C T1
QMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODF
1. Plaintiff is Marc P. Volavka, social security no. 064-46-9036, who currently
resides at 1630 Holly Pike, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Sonia L. Volavka, social security no. 419-02-4705, who currently
resides at 34 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for
at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on December 31, 1993 in Forest Grove,
Oregon.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
The parties to this action have been separated since December 24, 1998.
10. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving
the marriage between the Plaintiff and Defendant.
JAMES, SMITH, DURKIN & CONNELLY
Date: 2' 7 ;z'/9 9
elly, Jr., E
Plaintiff
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
VERIFICATION
I verify that the statements made in this Pleading are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4404, relating
to unsworn falsification to authorities.
Date:
71
c P. Volavka
Mar
f??
(5
MIMI ST RM W
CONpHNlMTtt OFMN IXNIA
OEPARIYFNT OF HFABRS
VITAL RECORDS
RECORD OF
DIVORCE OR ANNULMENT
0 (CHECK ONE) ?
SUTE FILE NUMBER
STATE FILE DATE
FIf1SRA1Jn
WIFE
BIRTH U
StW 11. PLACE I (Sz
o. BRRTH ,y,T' /motL4R
9
CHILDREN THIS
MARRIAGE
24. SIONATUREOF
TRANSCRIBING CLERK
11
BLACK OTHERISpacm
? ?
WIFE OTHER(SpWM
? ?
rty) 21. LEG
16. DATE OF (umm) ??fJ (DryQ)
THIS
MARRIAGE
IB. OECREE OMNTED TO
HUSBAND WIFE OTHER(SpAMy)
MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
:NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
PRFT.TMTNARY C)JFrTTON T(1 VF.NTJF
AND NOW COMES, SONIA L. VOLAVKA, by counsel, Andrea C. Jacobsen,
Esquire, JACOBSEN & MILK-ES, pursuant to Rule 1028 of the Pennsylvania Rules
of Civil Procedure, and files this Preliminary Objection to Venue to the Complaint
In Divorce filed by plaintiff in this matter, and asserts in support hereof as follows:
1. Plaintiff filed a Complaint to commence this action on or about
February 25, 1999. The Complaint has never been served on defendant.
2. As set forth in the Complaint, both parties reside in Cumberland
County. Both parties resided in Cumberland County during the marriage of the
parties, and since the separation of the parties in December 1998.
3. On March 2, 1999, plaintiffs counsel sent the Complaint in this matter
to defendant's undersigned counsel with the request that counsel accept service on
behalf of defendant. Defendant's counsel advised plaintiffs counsel that service
would not be accepted unless the matter was transferred to Cumberland County.
4. Plaintiffs counsel agreed that if a final settlement could not quickly be
obtained, he would voluntarily transfer the action to Cumberland County, without
the need for preliminary objections to be filed.
5. The parties have failed to reach a prompt settlement and plaintiffs
counsel has failed to transfer the matter to Cumberland County.
6. Defendant does not and has never agreed to the venue of Dauphin
County.
WHEREFORE, defendant request that the court dismiss this matter because
the venue is improper, or, in the alternative, transfer the matter to the Court of
Common Pleas of Cumberland County, Pennsylvania.
Respectfully submitted,
?w
BY: Ands a . Jacobsen, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427 Telephone
(717) 249-8427 Fax
Attorney No. 20952
I verify that the factual statements made in the foregoing Preliminary
Objection to Venue 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.
A uaflcw ?
SONIA L. VOLAVKA
P . '??
AUG 12 it 3-3
MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. :NO. 887 S 1999
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
RMY- C A7.'E.OF 4FRVTCE,
I, Andrea C. Jacobsen, hereby certify that a certified copy of the Preliminary
Objection to Venue was served upon the Plaintiff, by placing the same for delivery
with the United States Post Office, by first class mail, postage prepaid, on August
13, 1999, addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DRUKIN & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
Respectfully submitted,
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BY: Deborah R. Clara
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
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MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
BRIEF IN SUPPORT OF PRELIMINARY OJECTION TO VENUE
Defendant, Sonia L. Volavka, pursuant to Rule 1028 of the Pennsylvania
Rules of Civil Procedure, has filed a Preliminary Objection to Venue to the
Complaint In Divorce filed by plaintiff, Mark P. Volavka, in this matter. This Brief
is written in support thereof.
Plaintiff filed a Complaint to commence this action on or about February 25,
1999, which has never been served on defendant. As set forth in the Complaint,
both parties reside in Cumberland County. Both parties resided in Cumberland
County during the marriage of the parties, and since the separation of the parties in
December 1998.
A divorce action may be brought only in the county where the plaintiff
resides, or upon which the parties have agreed in writing attached to the complaint
or by participating in the proceeding. PA Rule of Civil Procedure 1920.2 Venue.
Defendant does not and has never agreed to the venue of Dauphin County, and has
not participated in the proceeding except by the filing of her Preliminary Objection.
............. .
The county of proper venue for this action is Cumberland County, where both
parties reside. This action should be transferred to the Court of Common Pleas of
that county. The costs and fees for transfer and removal of the record should be
paid by the Plaintiff. PA Rule of Civil Procedure 1006(e).
For the above reasons, and in consideration of the factual averments set forth
in the Preliminary Objection, the defendant requests that the court transfer the
matter to the Court of Common Pleas of Cumberland County, Pennsylvania and
assess the costs and fees for removal of the records against Plaintiff.
Respectfully submitted,
ODA.
BY: A drea C Jacobsen
52 E. reet
Carlisle, PA 17013
(717) 249-6427
(717) 249.8427 - Fax
Attorney No. 20952
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MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
BRIEF IN SUPPORT OF PRELIMINARY OJECTION TO VENUE
Defendant, Sonia L. Volavka, pursuant to Rule 1028 of the Pennsylvania
Rules of Civil Procedure, has filed a Preliminary Objection to Venue to the
Complaint In Divorce filed by plaintiff, Mark P. Volavka, in this matter. This Brief
is written in support thereof.
Plaintiff filed a Complaint to commence this action on or about February 25,
1999, which has never been served on defendant. As set forth in the Complaint,
both parties reside in Cumberland County. Both parties resided in Cumberland
County during the marriage of the parties, and since the separation of the parties in
December 1998.
A divorce action may be brought only in the county where the plaintiff
resides, or upon which the parties have agreed in writing attached to the complaint
or by participating in the proceeding. PA Rule of Civil Procedure 1920.2 Venue.
Defendant does not and has never agreed to the venue of Dauphin County, and has
not participated in the proceeding except by the filing of her Preliminary Objection.
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The county of proper venue for this action is Cumberland County, where both
parties reside. This action should be transferred to the Court of Common Pleas of
that county. The costs and fees for transfer and removal of the record should be
paid by the Plaintiff. PA Rule of Civil Procedure 1006(e).
For the above reasons, and in consideration of the factual averments set forth
in the Preliminary Objection, the defendant requests that the court transfer the
matter to the Court of Common Pleas of Cumberland County, Pennsylvania and
assess the costs and fees for removal of the records against Plaintiff.
Respectfully submitted,
ODA?
BY: dreg C Jacobsen
017. -
reet
52 E.
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
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MARX P. VOLAVICA,
Plaintiff
V.
SONIA L. VOLAVEA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
BRIEF IN SUPPORT OF PRELIMINARY OJECTION TO VENUE
Defendant, Sonia L. Volavka, pursuant to Rule 1028 of the Pennsylvania
Rules of Civil Procedure, has filed a Preliminary Objection to Venue to the
Complaint In Divorce filed by plaintiff, Mark P. Volavka, in this matter. This Brief
is written in support thereof.
Plaintiff filed a Complaint to commence this action on or about February 25,
1999, which has never been served on defendant. As set forth in the Complaint,
both parties reside in Cumberland County. Both parties resided in Cumberland
County during the marriage of the parties, and since the separation of the parties in
December 1998.
A divorce action may be brought only in the county where the plaintiff
resides, or upon which the parties have agreed in writing attached to the complaint
or by participating in the proceeding. PA Rule of Civil Procedure 1920.2 Venue.
Defendant does not and has never agreed to the venue of Dauphin County, and has
not participated in the proceeding except by the filing of her Preliminary Objection.
0777
The county of proper venue for this action is Cumberland County, where both
parties reside. This action should be transferred to the Court of Common Pleas of
that county. The costs and fees for transfer and removal of the record should be
paid by the Plaintiff. PA Rule of Civil Procedure 1006(e).
For the above reasons, and in consideration of the factual averments set forth
in the Preliminary Objection, the defendant requests that the court transfer the
matter to the Court of Common Pleas of Cumberland County, Pennsylvania and
assess the costs and fees for removal of the records against Plaintiff.
Respectfully submitted,
QPA==--
BY: drea C Jacobsen
52 E. reet
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
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MARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
NO. 887 S 1999
CIVIL ACTION - LAW
IN DIVORCE
BRIEF IN SUPPORT OF PRELIMINARY OJECTION TO VENUE
Defendant, Sonia L. Volavka, pursuant to Rule 1028 of the Pennsylvania
Rules of Civil Procedure, has filed a Preliminary Objection to Venue to the
Complaint In Divorce filed by plaintiff, Mark P. Volavka, in this matter. This Brief
is written in support thereof.
Plaintiff filed a Complaint to commence this action on or about February 25,
1999, which has never been served on defendant. As set forth in the Complaint,
both parties reside in Cumberland County. Both parties resided in Cumberland
County during the marriage of the parties, and since the separation of the parties in
December 1998.
A divorce action may be brought only in the county where the plaintiff
resides, or upon which the parties have agreed in writing attached to the complaint
or by participating in the proceeding. PA Rule of Civil Procedure 1920.2 Venue.
Defendant does not and has never agreed to the venue of Dauphin County, and has
not participated in the proceeding except by the filing of her Preliminary Objection.
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The county of proper venue for this action is Cumberland County, where both
parties reside. This action should be transferred to the Court of Common Pleas of
that county. The costs and fees for transfer and removal of the record should be
paid by the Plaintiff. PA Rule of Civil Procedure 1006(e).
For the above reasons, and in consideration of the factual averments set forth
in the Preliminary Objection, the defendant requests that the court transfer the
matter to the Court of Common Pleas of Cumberland County, Pennsylvania and
assess the costs and fees for removal of the records against Plaintiff.
Respectfully submitted,
QPA=?--
BY: drea C Jacobsen
52 E. reet
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
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MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. : NO. 887 S 1999
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
CERTIEWA'i F 6F 4FR aC
I, Deborah R. Clark, hereby certify that a copy of the Brief in Support Of
Preliminary Objection to Venue was served upon the Plaintiff, by placing the same
for delivery with the United States Post Office, by first class mail, postage prepaid,
on August 24, 1999, addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DRUKIN & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
Respectfully submitted,
BY: Deborah R. Clark
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
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NIARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : DAUPHIN COUNTY, PENNSYLVANIA
V. :NO. 887 S 1999
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
(:H'R'ITFTf`.ATH`. (?F Ai;'RLTT?F
I, Deborah R. Clark, hereby certify that a copy of Interrogatories Address to
Plaintiff served upon the Plaintiff, by placing the same for delivery with the United
States Post Office, by first class mail, postage prepaid, on August 24, 1999,
addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DRUKIN & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
Respectfully submitted,
aaAK M
BY: Deborah R. Clark
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
(717) 249.6427
(717) 249-8427 - Fax
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MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a copy of the Petition for Related
Claims Under the Divorce Code was served upon the Plaintiff, by placing the same
for delivery with the United States Post Office, by first class mail, postage prepaid,
on February 3, 2000, addressed as follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DRUKIN & CONNELLY, LLP
P.O. Box 650
Hershey, PA. 17033-0650
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DATE:
DEBORAH R. CLARK
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JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013-3085
Samuel W. Milkes
Andrea C. Jacobsen
February 24, 2000
E. Robert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Mark P. Volavka v. Sonia L.
No. 99-7536 Civil
In Divorce
Dear Master Elicker:
Enclosed please an executed C
signed by Attorney Jacobsen.
Thank you.
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Enclosure
(corr) 0224 E licke n vol
Tel 717-249-6427
Fax 717-249-8427
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
1VIARK P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
CIVIL ACTION - LAW
NO. 1999-07536
IN DIVORCE
ORDER APP
AND NOW, this day of e h f1a'4t 2,000,
is appointed master with respect to the
following claims:
Distribution of Property
Alimony
Alimony Pendente Lite
B
Counsel tees
Costs and Expenses
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MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONI-A L. VOLAVI A, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
SONIA L. VOLAVIGI, Defendant, moves the court to appoint a master with respect to the
following claims:
(X) Divorce
O Annulment
(X) Alimony
(X ) Alimony Pendente Lite
(X) Distribution of Property
O Support
(X) Counsel Fees
(X) Costs and Expenses
and in support of the motion states:
(1) Discovery is not complete with regard to the claims for which the appointment
of a master is requested.
(2) The plaintiff has appeared in the action by his counsel, John J. Connelly, Esq.,
JAIbIES, SMITH, DURKIN, & CONNELLY, LLP.
(3) The statutory ground(s) for divorce are irretrievable breakdown of the
marriage.
(4) The action is contested with respect to the economic claims set forth above.
(5) The action does not involve complex issues of law or fact.
(6) The hearing is expected to take one day.
Andrea Jac sen, Esq.
By
JACOBSEN & ICES
52 East High Street
Carlisle, PA 17013
(717) 2,19.6927
Attorney No. 20952
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JUDGMENT. MAY PC ENTERED' ' _ - -_ --• -_ ---_? - ORIGINAL FILED IN THie ACTION
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HERSHEY, PENNSYLVANIA 171334M AO NV
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536 CIVIL TERM
SONIA L. VOLAVKA, : CIVIL ACTION-LAW
Defendant : IN DIVORCE
ANSWER TO DEFENDANT'S MOTION TO COMPEL HUSBAND TO
ANSWER SUPPLEMENTAL INTERROGATORIES
AND NOW, comes the Plaintiff, Marc P. Volavka, by and through his attorneys, James,
Smith, Durkin & Connelly, and files the following Answer to Defendant's Motion to Compel
Husband to Answer Supplemental Interrogatories and, in support thereof, represents as follows:
I. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. Plaintiffs counsel was unaware that the Answers to Interrogatories were
not complete nor was any formal Motion filed indicating same.
7. Admitted.
8. Admitted in part and Denied in part. It is admitted that a set of Supplemental
Interrogatories were received. The information requested in the Supplemental Interrogatories did
not appear in prior Interrogatories nor was any information missing from the prior set of
Interrogatories filed.
9. Denied. Plaintiffs counsel's office was contacted by Defendant's counsel on
another matter. There was no specific request to respond regarding this matter.
10. Admitted in part and Denied in part. It is admitted that the Plaintiff has not yet
filed a response to Defendant's Supplemental Interrogatories. However, the requested
information constitutes monthly statements of accounts on four checking accounts from
December 1993 to the present as well as statements on a certificate of deposit from December
1993 to the present. This information is not readily available to Plaintiff and will take substantial
expense and time to secure the information. It will take a minimum of at least thirty (30)
additional days to secure the information requested.
11. Denied. The Master in this matter has held an initial pre-trial conference and will
assist the parties in securing all information necessary for them to evaluate claims. The
settlement conference has been scheduled and Plaintiff continues to collect the information
requested in the second request for production of documents.
12. Denied. It is denied that substantial expense has been incurred by Defendant
requesting the information in the Interrogatories.
WHEREFORE, the Plaintiff requests that the Motion to Compel Interrogatories be denied
and the Court enter an Order permitting Plaintiff an additional thirty (30) days to secure all of the
information requested in the Supplemental Interrogatories.
JAMES, SMITH, DURKIN.C`ONNELLY
Date: 9 - 1,5-- G)U
Esquire
P.O. Box 650'
Hershey, PA 17033
(717) 533-3280
VERIFICATION
John J. Connelly, Jr., Esquire, represents that he is the attorney for the Plaintiff, Marc P.
Volavka, in this case and is familiar with the facts concerning the parties, and verifies that the
statements made in the foregoing Answer to Defendant's Motion to Compel Husband to Answer
Supplemental Interrogatories are true and correct. He understands that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to
authorities.
Date: 9-15-60
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536 CIVIL TERM
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
Plaintiff, Marc P. Volavka, hereby certify that I have served a copy of the Answer to Defendant's
Motion to Compel Husband to Answer Supplemental Interrogatories on the following on the date
and in the manner indicated below:
VIA FACSIMILE AND U.S. MAIL. FIRST CLASS PRE-PAID
Andrea C. Jacobsen, Esquire
Jacobsen & Milkes
52 East High Street
Carlisle, PA 17013
Fax: 717-249-8427
JAMES, SMITH, DURKIN & CONNELLY
DATE: 9-15--DD
nersnny, rte i iwj
(717) 533-3280
PA I.D. No. 15615
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NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER OF COURT
NOW this 13 Aday of 2000, upon consideration of the attached
Motion to Compel Husband to Answer Interrogatories, a Rule is issued upon
Husband/Respondent to show cause why the relief sought should not be granted.
Husband/Respondent shall file an answer to the Rule within ?" days after
service upon him.
BY THE COURT:
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
ORDER OF COURT
NOW this day of , 2000, upon due consideration
of the attached Motion to Compel Husband to Answer Supplemental Interrogatories, it
is hereby Ordered that:
a) Husband shall answer the outstanding Supplemental Interrogatories
Addressed to Husband within ten (10) days of the date of this Order; and
b) Husband shall pay Wife the sum of $500.00 in reimbursement for her
reasonable expense, including attorney fees incurred, in preparing and presenting the
Motion and obtaining this Order of compliance.
BY THE COURT:
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999-07536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
Defendant : IN DIVORCE
MOTION TO COMPEL HUSBAND TO ANSWER
SUPPLEMENTAL INTERROGATORIES
AND NOW COMES Petitioner Sonia L. Volavka, by her attorney, Andrea C.
Jacobsen, JACOBSEN & MILKES, and moves the Court to compel Husband to answer
Wife's Interrogatories, and, in support thereof, respectfully represents that:
1. Petitioner is Sonia L. Volavka, Wife herein.
2. Respondent is Marc P. Volavka, Husband herein.
3. The above action for divorce, with related economic claims, including infer
alia, claims for alimony, equitable distribution, counsel fees and costs, was filed in the
Court of Common Pleas of Dauphin County on or about February 25, 1999, to the
caption, Volavka v. Volavka, No. 887S 1999. The Complaint was never served upon
Wife. Upon Wife's objection to venue, and Husband's stipulation, this matter was
transferred to this Court and the above caption, on or about December 10, 1999.
4. On or about August 19, 1999, Wife served upon counsel a set of
Interrogatories Addressed to Plaintiff. By letter of the same date, Wife's counsel advised
Husband's counsel of her expectation of timely answers to the discovery. See attached
correspondence set forth and incorporated herein as Exhibit A.
5. On September 14, 1999, October 25, 1999, and January 25, 2000, and
February 1, 2000, Wife's counsel wrote to Husband's counsel reminding him about the
outstanding request for information. On February 16, 2000, Husband served answers to
the interrogatories.
6. On February 28, 2000, Wife's counsel advised Husband's counsel that the
information provided was not complete.
7. On Wife's Motion, Divorce Master E. Robert Elicker was appointed in this
matter. On May 1, 2000, and May 5, 2000, Wife and Husband, respectively, filed Pre-trial
Statements. A pre-hearing conference was set in this matter for August 21, 2000.
8. On June 13, 2000, Wife reminded Husband's counsel that certain
information was still missing related to Husband's assets claimed to be non-marital and
sent a set of supplemental interrogatories to Husband seeking the missing information.
Along with the interrogatories, Wife's counsel sent a letter advising counsel that if
answers were not received by July 24,2000, she would proceed to ask the Court to
compel Husband's response. See attached correspondence set forth and incorporated
herein as Exhibit B.
9. On August 14, 2000, Wife attempted without success to contact Husband's
counsel regarding this matter. He has made no response to a request for a return
telephone call.
10. To date, Husband has not filed any response to Wife's supplemental
interrogatories.
11. The failure of Husband to respond to the written interrogatories of Wife
prejudices Wife in her preparation of this case and her ability to evaluate and move
forward with her claims.
12. Wife has had to incur unnecessary counsel fees by reason of the need for
numerous contacts with Husband's counsel to request responses to the discovery and to
prepare and file this motion.
WHEREFORE, Wife moves the Court to issue a Rule on Husband/Respondent
directing him to show cause why an Order should not be entered pursuant to PA Rules of
Civil Procedure 4019:
a. Directing Husband to answer the outstanding Supplemental Interrogatories
addressed to Husband forthwith;
b. Granting Wife the reasonable expense, including attorney fees incurred, in
preparing and presenting this Petition and obtaining an Order of Compliance; and
C. Entering such further sanction, or granting such further relief as this court
may deem proper and just.
Respectfully submitted,
O'Lk
BY: Andre C. Ja bsen, Esq.
JACOBSE KES
52 East High Street
Carlisle, PA 17013
(717) 249-6427 Telephone
(717) 249-8427 Fax
PA Attorney No. 20952
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JACOBSEN & MILKLS
52 East High Strect
Carlisle, PA 17013-3085
Swnuel W. Milkes
Andrea C. Jacob-;en
September 28, 2000
E. Robert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Mark P. Volavka v. Sonia L. Volavka
No. 99-7536 Civil, In Divorce
Dear Mr. Elicker:
Tel 717-249.6427
Fax 717-249-8427
As you may recall, a settlement conference had been scheduled in this matter for
September 20, 2000. Unfortunately, that conference was continued at the request of Mr.
Volavka who advised us, through counsel, that he had a family emergency, and could not
attend. I understand that the matter has now been rescheduled for December 13, 2000.
My client is disappointed by the considerable delay occasioned by Marc Volavka's
request for rescheduling. We are concerned that if settlement is not obtained at the
conference, we will be facing another several month delay before we can expect to have a
hearing date. I am writing to request that you set a date at this time for a hearing which would
allow us to go forward without unnecessary delay if we are not able to resolve the matter at the
conference.
I appreciate your consideration of this request and would be glad to discuss it in a
teleconference with Mr. Connelly, if you feel that would be appropriate.
Thank you.
Sincerely,
JACO & MILKES
BY: Andre C. acobsen
ACJ/dre
CC: Sonia Volavka
John Connelly, Esq.
(corr)0928Elicker.vol ..
MARC P. VOLAVKA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
BY THE COURT,
SONIA L. VOLAVKA, .
Defendant NO. 99-7536 CIVIL TERM
AND NOW, this 26" day of September, 2000, upon consideration of Defendant's
Motion To Compel Husband to Answer Supplemental Interrogatories, and of Plaintiff's
Answer to Defendant's Motion To Compel Husband to Answer Supplemental
Interrogatories, Plaintiff is directed to answer Defendant's Supplemental Interrogatories
within 30 days of the date of this order, without objection.
John J. Connelly, Jr., Esq.
P.O. Box 650
HersheY$, PA 17033
Attorney for Plaintiff
Andrea C. Jacobsen, Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Defendant
74esiclr, Jr., J.
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December 15, 2000
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Andrea C. Jacobsen, Esquire
COPY Jacobsen & Milkes @,:rL ;:;L .-,.•
52 East High Street •;,«,, E
Carlisle, PA 17013 _,.
P- 1711,1
Re: Volavka v. Volavka
John 1. Connelly, Jr.
jlcjda'sdlegal.co n
Dear Andrea:
My client has asked me to communicate the following to you:
Based upon his last offer of S38,400; and his understanding of the
conversations you, I and Robert Elicker had yesterday morning; and his further
understanding that you have to communicated a willingness to consider a final
settlement in a manor that provides him with tax deductibility, he is prepared to make
the following offer:
1. He is prepared to make immediate cash payment of whatever
"back support" is still due (he believes this to be approximately
$7000), minus the current cash value of the Financial Trust
stock-still in his wife's control but jointly purchased and owned
(50-50 purchase-approximately S1500?).
2. Your client stops garnishment of his wages immediately, and
informs the court that all back support is now paid.
3. The divorce proceeds to finalization immediately.
The remainder of his settlement proposal is arranged so it can be tax
deductible to my client.
1. On or before January 15, 2001, lie will pay a cash lump sum of
S25000 (or monthly, if required for deductibility as alimony),
minus health care insurance co-pays and deductibles that his wife
was required to pay in the original support order, but has never COMMEERCUMIA
oMML uw
paid (approximately 5300-S500) and minus the car insuranc CIVIL L'T'GAna'
e on
the vehicle his wife tool: when she left and for which he continued cREDncRS' RiDNrs
EDUCATION LAW
to maintain insurance (approximately S400). If necessary, we will
ESTAT
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divide the total into 12 monthly payments. Therefore, if the
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balance due to your client is S24,200.00, my client would pay
ay "PURSE LAW
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S2,016.66 per month. IAUIRCIPAL LAW
REAL ESTATE
MGT L ESTATE
ADMINISTRATINI
December 15, 2000
Page 2 of 3
2. On or before January 15, 2002, he will pay an additional payment
of S10,000.00 (monthly if required for deductibility) as final
payment to settle all claims.
3. If your client wants to pick up her health insurance through
COBRA, she will be financially responsible for the cost and will
make all necessary arrangements either directly with the insurance
carrier or through her attorney.
4. Your client will make arrangements directly with my client to pick
up her personal belongings left at his residence. This does not
mean she needs to meet him, but only phone to make
arrangements. My client will pack everything up and leave it
outside, at a time mutually convenient to both parties.
5. He will also return the jewelry as identified by her. This will be
done as expeditiously as possible, however, he does not have it in
his personal possession immediately. (approximate value, 55000-
$10000). She may do with it as she chooses.
6. This agreement is in full settlement of all claims.
7. You, in consultation with your client, will draft this final
agreement and submit it to me and my client for final review.
My client believes that, in total, this brings the value of his "cash" offer to:
a) back support approx.: $7000
jewelry approx.: 57500
minus stock value approx.: $1500
b) January 15, 2001 payment: $25000
minus health co-pays and
car insurance, approx. S800
C) January 15, 2002 payment: S10000
TOTAL: 547.200
December 15, 2000
Page 3 of 3
Further, my client will make this offer in good faith; should the cash payments
of approximately $24,200 on January 15, 2001, or the 510,000 on January 15,2002
result in additional federal or state tax burden on your client, he will pay the
difference between what she would have had to pay and what is finally owed;
provided she gives him appropriate documentation of the difference.
I believe both your client and my client are eager to reach settlement and
move on. My client asks that you communicate this offer to your client as soon as
possible, and that you get back to me with a response not later than December 22.
Very
Connelly, Jr.
JJC/jlk
cc: Marc Volavka
E. Robert Elicker, II, Esquire
V.
NO. 1999-7536
SONIA L. VOLAVKA, : CIVIL ACTION - LAW
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 days after this affidavit has been served on you or the statements
will be admitted.
AFFIDAVIT UNDER SECTION 3301(D) OF THE
DIVORCE CODE
1. A Complaint under the Divorce Code on the grounds of irretrievable breakdown of
the marriage was filed on or about February 25, 1999 in the Court of Common Pleas of Dauphin
County, Pennsylvania, to the caption, Volavka v. Volavka, No. 887 S 1999. That Complaint was
never served upon defendant. By Order of that Court, dated November 5, 1999, entered upon
Defendant's Motion to Transfer Venue and stipulation of counsel, the matter was transferred to
this Court.
2. By her Acceptance of Service filed herewith, defendant acknowledges her
acceptance of service by her appearance through counsel in this matter.
3. The parties to this action separated on December 24 1998, and have continued to live
separate and apart since that time for a period in eycess of at least two years.
4. The marriage is irretrievably broken.
5. 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.
Verification
I hereby verify that the statements made in the foregoing 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.
Dated: . > > ` _ )L\A l I ?, _ 110 U A
SONIA L. VOLAVKA
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MARC P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999.07536
: CIVIL ACTION - LAW
: IN DIVORCE
STIPULATION FOR BIFURCATION AND ENTRY OF DIVORCE DECREIS
This Stipulation for Bifurcation and Entry of Divorce Decree Is made this"p1
day of January, 2001, by the parties to this matter, MARC P. voLAVKA, plaintiff,
(Husband) and SONIA L. VOLAVKA, defendant, (Wife) and their respective counsel,
John J. Connelly, Jr., Esq., JAMES, SMITH, DURKIN & CONNELLY, LLP, for Plaintiff, and
Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, for defendant.
Whereas the parties were married on December 31, 1993, and separated oil
December 24, 1998, and have lived separate lives since that time; and
Whereas, due to differences, and disputes between them, it is the intention
of the parties to continue to live separate and apart with no likelihood of
reconciliation; and
Whereas, the parties have raised various economic claims against each other
in the above divorce action, which claims are presently set for hearing before the
Divorce Master on April 24,2001: and
Whereas, the parties anticipate that the determination of these contested
ancillarv claims may require protracted and time consuming litigation; and
1
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JAN.-31'01(WED) 16:22 JAMES SMITH DURNIN & CONNELLY TEL:717 533 3280 P.003/008
Whereas, the parties recognize that the final determination of their
respective marital claims related to their financial and property rights will be
addressed at the Master's hearing; and
Whereas, the parties have agreed that they, with their counsel, shall meet to
make a good faith effort to negotiate a settlement prior to hearing; and
Whereas, In the meantime, the parties wish to proceed with their respective
personal lives, independent of their present spousal relationship.
NOW, THEREFORE, the parties hereto, Intending to be legally bound hereby,
and their respective counsel, stipulate and agree as follows;
1. The parties agree that this stipulation shall be filed with the Court in
the above divorce action.
2. The parties agree to the bifurcation of the above divorce action.
They agree to proceed to a final divorce and termination of their marriage at this
time, reserving nonetheless all those financial and property claims which have
been raised by the parties and are presently set for hearing before the Divorce
Master, excepting only Wife's claim for alimony pendente lite, which shall be
withdrawn by Wife, as expressly set forth herein. It is the intention of the parties
that such other claims raised by the parties will be preserved and that neither
party will be prejudiced by the entry of a divorce decree at this time with regard
to such claims.
2
JAN, -31' 01 IWEDI 16:23
3
JAMES SMITH DURHIN & CONNELLY
TEL:717 533 3280 P.004/008
The parties have each executed and filed an Affidavit of Consent
acknowledging that their marriage is irretrievably broken. Each panty has
executed a Waiver of Notice of Intention to Request Entry of a Divorce Pecree
Under Section 3301(c) of the Divorce Code,
4. The parties acknowledge that Wife intends to file a Petition to
Bifurcate in this matter. The parties agree thatthis stipulation shall be submitted
to the Court In support of the said Petition, with the request that, without
hearing, a Decree in Divorce be issued at this time, terminating the parties'
marriage and reserving jurisdiction over those economic issues which are
presently before the Master in accordance with the terms of this Stipulation,
5. Wife agrees that effective as of the date of Husband's execution of
this Stipulation, she shall terminate her claim for spousal support and Husband's
continuing obligation In the matter of volavka v. Volavka Docket No. 01101 S
1998, PACSES Case No. 257100604/D28218, wife agrees that notice of such
termination shall be forwarded to the Domestic Relations Section of this Court,
within one (1) business day of the execution of this stipulation by Husband and
his counsel. Upon termination of the Spousal support Order as referenced
above, any wage attachments which are forwarded to SCUDU after the date of
the termination of the Spousal Order, shall be applied to the arrearage.
e. The parties agree that Wife's termination of the support obligation
shall apply to Ilabllity for current and ongoing support. The termination shall
3
JAN.-31,01MED) 16:23 JAMES SMITH_HRRIN & CONNELLY TEL;117 533.328L
P. 005/008
not affect Husband's obligation to Wife for the amount of the current arrearage
due to Wife under the existing support order for spousal support. Wife agrees
that except as otherwise provided in this agreement, or otherwise determined
by agreement of the parties or Order of court, Wife shall seek no enforcement by
the Domestic Relations Office of Husband's obligation for the arrearage during
the pendency of this divorce action. Except as otherwise agreed herein, the
arrearage shall be held in abeyance during such time,
7. Wife agrees that Within one (1) business day of her receipt of an
executed copy of this stipulation signed by Husband and his counsel, she Will
advise the Domestic Relations section of this Court that she waives her right to
collection of the arrearage through attachment of Husband's income and will ask
that the current wage attachment be discontinued while the arrearage is held in
abeyance,
a, wife agrees that she will withdraw her current claim for Alimony
Pendent Lite. Wife agrees that except as otherwise provided herein, she will not
seek an award of Alimony Pendente Lite in the current divorce action between
the parties.
g. Both parties agree to copperate as may be necessary to effectuate
the provisions and intent of this stipulation, including the promPt issuance of a
Decree In Divorce terminating the marriage of the parties; the termination of
Husband's obligation to Wife for current spousal support or Alimony Pendente
4
JAN.-31'01(WED) 16:23 JAMES SMITH DURKIN & CONNELLY TEL:111 533 3280 P.006/008
Lite; the discontinuance of the current wage attachment of Husband's Income;
the security of wife's claim against Husband for the current spousal support
arrearage due her; and the preservatlon of the economic claims ralSed in the
divorce action between the parties, excepting only Wife's claim for alimony
pendente Ilte,
10, The failure of either party to comply with the provisions of this
Stipulation or to prevent the timely entry of a Divorce Decree terminating the
marriage of the parties shall render the obligations of the parties under this
Stipulation null and void.
The Plaintiff and Defendant do verify that they stipulate as set forth above
and that the statements herein are true and correct to the best of their
knowledge and Information and belief.
Plaintiff and Defendant understand that false statements herein are made
subject to the penalties of 1e pa.c,sg 4904 relating to unsworn falsification to
authorities.
MARC P. VOLAVKA, Plaintlff
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J J.?CQ NELLY, JR., asq
J M ,(SMI H, DURKIN( & CO ELLY, LLP
C se plaintiff
SONIA L. VOLAVKA, Defendant
OX-0 C
ANDREA JAty BSEN, Esq.
JAC06SEN' ILKES
counsel for Defendant
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MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1999-07536
SONIA L. VOLAVKA CIVIL ACTION - LAW
Defendant IN DIVORCE
I, Shelley Eichelberger, hereby certify that a true and correct copy of the
Petition for Alimony Pendente Lite was duly served upon the Plaintiff attorney,
John J. Connelly, Jr., Esq., by placing the same for delivery with the United States
Post office, by first class mail, postage prepaid, on January 29, 2001, addressed as
follows:
John J. Connelly, Jr., Esquire
JAMES, SMITH, DRUKIN & CONNELLY, LLP
P.O. Box 650
Hershey, PA 17033-0650
Date: I/
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Shelley 'chelberger
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SONIA L. VOLAVKA ) Docket Number 99-7536 CIVIL
Plaintiff )
PACSES Case Number 794103027 /D30407
VS. )
MARC P. VOLAVKA
Defendant ) Other State ID Number
ORDER
AND NOW, to wit on this 5TH DAY OF FEBRUARY, 2001 IT IS HEREBY
ORDERED that the O Complaint for Support or O Petition to Modify or ® Other
ALIMONY PENDENTE LITE filed on JANUARY 29, 2001 in the above captioned
matter is dismissed without prejudice due to:
A STIPULATION OF THE PARTIES.
O The Complaint or Petition may be reinstated upon written application of the plaintiff
petitioner.
DRO: RJ Shadday
xc: plaintiff
defeniant
John Connelly, Jr., Esquire
Anirea Jacobsen. Esquire
ren e+tR
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Service Type M
BY THE COURT:
Agar B. Bayley JUDGE
Form OE-506
Worker ID 21005
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MARC P. VOLAVICA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536
SONIAL. VOLAVKA, : CMLACTION-LAW
Defendant : IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSR TT
AND WA,.R OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
February 25, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days
have elapsed from the date of both the 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 OfEce,
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 divorce 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.A. Section 4904, relating to
tmswom falsification to authorities.
Data: Ma
Marc P
Marc P. Volavka, Plaintiff
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MARC P. VOLAVI" : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1999 - 07536
SONIAL. VOLAVKA, CIVILACTION-LAW
Defendant : IN DIVORCE
VVAryT,R OF NOTICE OF INTENTION TO REQUEST F,NTR``' OF A n1VORCF.
MOO UNDER §3301 (c) OF THE DIVORCE. CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that 1 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.A. Section 4904, relating to
unworn falsification to authorities.
Date:
Marc P. Volavka, Plaintiff
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MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1999-7536
SONIA L. VOLAVKA CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under the Divorce Code under Section 3301(c) was filed on
February 25, 1999 on the grounds that the marriage of the parties is irretrievably broken.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. 1 consent to the entry of a final decree of divorce after service of notice of intention to
request entry of divorce decree terminating the marriage between myself and Sonia L. Volavka,
but reserving the jurisdiction of the Court over those claims set for hearing before the Divorce
Master, or otherwise raised of record in this matter.
4. This Consent is based on the understanding that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if they are not raised before a divorce is
granted, but that those claims already raised by the parties will be preserved and that neither
party will be prejudiced by the entry of a divorce decree at this time with regard to such existing
claims.
I verify that the statements made in the Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 16 Pa.C.S. § 4904 relating to
unsworn falsification to authorities.
Date: 1 131 `Ot< ?(? 6 ?1 A ,?CuX ai
SONIA L. VOLAVKA
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MARK P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1999-07536
SONIA L. VOLAVKA CIVIL ACTION - LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE
UNDER 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry without notice of a final decree of divorce terminating the
marriage but reserving the jurisdiction of the Court over those claims set for hearing before the
Divorce Master, or otherwise raised of record in this matter.
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: ) $t I 0.' 2 V ly-CCi
?IVLL L. 'i
SONIA L. VOLAVKA
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JAMES S.iml DUR L 1 & CONNELLY LLP
John J. Connelly, Jr.
jjcjrg;isdlcgal.conT
VIA FACSIMILE (717) 232-7029
Marc P. Volavka
1630 Holly Pike
Carlisle, PA 17013
Dear Marc:
April 23, 2001
C Ank. ??
I am in receipt of your e-mail dismissing me as your counsel. The contents of
your file pertaining in this matter will be available to be picked-up at my office after
12:00 Noon on Monday, April 23, 2001.
I will notify the Divorce Master that my representation has been terminated and
will also notify Attorney Jacobsen.
As to the rest of your correspondence, I feel the need to respond. Because your
wife filed a response to your divorce action raising economic claims, you could not
withdraw your divorce action. Changing the Complaint from a fault to a no-fault count in
no way changed your rights. I did not indicate to you that it was impossible to allege a
fault count, I told you it was pointless since, at the time, she had an alimony claim which
would permit you to raise fault issues.
You have no basis whatsoever to believe I "lied to you" and I am offended by the
allegation. In reviewing the file, 1 see numerous attempts to contact you, many of which
went unheeded. You were completely ignoring this case and expecting me, at the last
minute on every occasion, to address loner buried and/or resolved issues.
Had you listened to my advice in the beginning of this matter, you would have
been out from under this entire case with a minimal payment and would have long ago
moved on with your life.
My advice to you on the issue of the challenge of spousal support was that it was
a waste of time and money since your wife's attomey made it clear to me she would
make an alimony pendente lite claim which would have provided her with not only the
same amount, but more money since your income had increased and, since at the time of
the support conference, they did not take into account your interest and dividend income
as well. In fact, the support matter was also scheduled for an alimony pendente lite claim
at the same time.
I never indicated to you that calling witnesses "would have no impact on spousal
support", but that a claim for alimony pendente lite would merely replace the spousal
GARY I. JAMES
MAK. J. S54TH. JR.
KAREN DURKIN
JOHN J. CONNMY. JR.
STUART J. MAGDULE
STEVEN A. STINE
JOHN J. MCNAUY. III
SOOTS A. DiEnERILK
GREGOW K. RICHARDS
RICHARD L DAHLEN
SUSAN M. KADEL
JARAD YJ. HANDELMAN
DONNA M. MULLIN
EDVIARD P. SEEEER
April 23, 2001
Page 2 of 4
support claim and make the witnesses' testimony academic. Your filing of the Complaint
to stop spousal support did not cause her to withdraw her spousal claim. Her decision to
withdraw the spousal support claim was a concession made by Sonia through her attorney
in order to secure the bifurcated Decree in Divorce which may well have been granted by
the court at the time of a hearing. At that point in time, the spousal support award would
be converted to alimony pendente lite until the conclusion of the economic issues.
In agreeing to the bifurcation, you avoided continuing spousal support/alimony
pendente lite payments as well as a potential hearing on a bifurcation and the substantial
legal fees which would have been attendant thereto. You are correct that we wanted them
to make a good faith effort to negotiate a settlement, however, they all along have alleged
that your offers have not been acceptable and, on several occasions, I had made offers
and then withdrawn them at your direction.
They are entitled to have a Master's hearing and I assume they intend to go
forward with it tomorrow.
In the correspondence portion of your file is a letter received from Andrea
Jacobsen on Friday indicating that she was willing to sit down tomorrow morning at 5:30
and discuss a settlement.
This matter has been rescheduled on numerous occasions and the Divorce Master
made it clear, as I made it to you in our conversations, that the hearing will be held on
April 24, 2001.
I noted in review of the file that in my notes I have reference to a telephone call to
Andrea Jacobsen's office in March requesting that we exchange proposals and also
indicating that I felt they would probably want to go ahead with the hearing. She and I
spoke on several occasions since the last Master's proceeding, but were very far apart in
our positions.
Back at the time the Stipulation to Bifurcate was signed in February of 2001, both
Attorney Jacobsen and I discussed the possibility of reaching an agreement and, in fact,
talked in terms of where we were at the time of the last Master's hearing. At that time,
she reiterated their intent to get forty-five (45%) percent to fifty (50%) percent of the
marital assets which, obviously, would not be a resolution acceptable to you.
You are correct that I indicated you had to personally drop off the Stipulation to
Ms. Jacobsen's office no later than 5:30 on the 5'h because a hearing was scheduled for
the following day which served no purpose given the agreement reached. This again was
an attempt to save you counsel fees which, by the way, have been billed since December
in the amount of S2,067.50 and remains unpaid.
April 23, 2001
Page 3 of 4
I indicated to you in our conversation that I made several attempts to reach
Andrea Jacobsen regarding a settlement. I on no occasion said that she refused to return
my telephone calls. This is once again a characterization by you, not by me. As I
indicated, Andrea and I exchanged telephone calls during the ensuing months from
January through March, however, no correspondence was directed on that issue with the
exception of a flurry of activity in December and January regarding proposals to settle.
You place all of the responsibility on the attorney for not having meaningful
settlement discussions. You made no attempt to contact me since February except for our
discussions regarding the bifurcation. I wrote to you in March and indicated we had a
Master's hearing coming up and heard nothing from you until last week when you finally
returned my telephone calls. You've accepted no responsibility whatsoever in addressing
issues, but have merely made demands on me and specifically required me to write
certain letters which I advised you were not necessarily the most appropriate course of
action. Offers made and withdrawn were directed by you. You mention my "proactive
involvement," but have done nothing yourself including responding to correspondence or
phone calls.
Your attempts to delay this matter further will, in my opinion, rove fruitless.
They are willing to sit down with you on the morning of April 24' to discuss a
settlement, however, I expect they intended this with the understanding that you would
have counsel present. I will advise Ms. Jacobsen to communicate with you today and let
you know whether she is still willing to meet.
As to our April I St" conversation, the only witness Ms. Jacobsen intended to call
was a woman regarding the value of the house to which you expressed no concern. Now
your correspondence indicates that I told you she intended to call "witnesses." Once
again, an inaccurate characterization of my conversation with you and Ms. Jacobsen. I
do know they have subpoenaed information from the Pennsylvania State Employee's
Retirement System.
Once again, I reiterate that it is pointless to call witnesses regarding Sonia's
adulterous behavior. Her contribution to the marriage is the issue at the divorce hearing
and you are the best evidence of that contribution. Subpoenaing possible witnesses will
not impact the equitable distribution of marital property.
As to discovery, virtually all of the financial assets were in your possession and
were increases in value in pre-marital assets, hence the need for them to file detailed
Interrogatories. Filing the "same level of disclosure" of Sonia was not warranted nor
necessary. You have income information for her over the period of your marriage which
April 23, 2001
Page 4 of 4
will establish the amount of money she could have saved because of you paying all of the
bills. The equitable distribution in this case stems from the increase in value in your non-
marital property and not from actual assets acquired during the marriage since they were
minimal.
As to Sonia's words to you on December 24, 1998, many comments are made
during marriages and parties do, in fact, fall out of love, yet continue to stay for
numerous reasons, not all of which are valid. Date of separation is an announced intent
to separate by both parties and communicated to each and is not based on adultery or
emotionally leaving a marriage. There is clear case law on this issue.
I believe your best presentation should surround not only the comments she made
to you on December 20, but her "contribution" to the acquisition of assets during the
marriage. I share your feelings that the passive increase in your assets should not be the
subject of a forty-five (45%) percent or fifty (50%) percent distribution to her, but the
status of the case law does not strongly support your position. If you intend to make a
new law in this area, it is my suggestion that you retain other counsel and address this in
a way in which I intended to address it on April 24`h.
The Master is requiring me to appear tomorrow at 9:00 a.m. to address your
correspondence on the record. You must be there at that time unless you intend to meet
with Andrea Jacobsen and her client at 8:30 a.m. in an attempt to settle the matter. If you
intend to go at 8:30 a.m., you should confirm this with Andrea Jacobsen.
JJC.ilk
Very ours,
John J. Connelly, Jr.
cc: E. Robert Elicker, II, Esquire
Andrea C. Jacobsen, Esquire
],\\IIS S?Irn l DmKIN & CONNE•LLY LU'
John J. Connolly, Jr.
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VIA FACSIMILE (717) 240-6248 tuna ctrlce:
E. Robert Elicker, 11, Esquire 'a 111 AIIN-IT lir.
„I+•+,. P.. 11101
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Volavka v. Volavka
GARY L. JAMES
MAX. J. SMITH, JR.
Dear Mr. Elicker: KAREN DURION
JOHN J. CONNELLY. JR.
STUARt J. MADDULE
I have been advised by my client via a-mail today that he has terminated my JOHN J. McNALY, III
services and intends to represent himself. I am making m file available b 12:00 Noon
y by GREGORY DIEOEB
G
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TERI K
today. I assume he will probably need a continuance AS
REEOA K.
RICHARD L. DAHLEN
. SUSAN M. KADL
JARAD W. HANDELMAN
DONNA M. MULLIN
Very trL y y urs, EDWARD P. SEEDeR
Connelly, Jr.
JJC.jlk
cc: Andrea C. Jacobsen, Esquire (VIA FACSIMILE 717 249-8427)
Samuel W. Milkes
Andrea C. Jacobsen
JACOBSEN & MILKES
52 East High Street
Carlisle, PA 17013-3085
April 18, 2001
E. Robert Elicker, II
Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Mark P. Volavka v. Sonia L. Volavka
No. 99-7536 Civil - In Divorce
Dear Mr. Elicker:
Tel 717.249.6427
Fax 717.249-8427
This case is set for hearing before you on next Tuesday, April 24 2001, at
9:00 a.m. John Connelly advised me today that his client believes that if he
can speak directly to my client, we can resolve the issues with a brief meeting
before the hearing. My client remains open to the idea of settlement, but we
have not been able to work out our differences to date and she does not wish to
miss the opportunity to proceed with testimony. Accordingly, we have agreed
to a time-limited discussion period prior to the start of the hearing.
I am writing to request a one-hour delay in the start of the hearing. Mr.
Connelly and I have agreed, subject to your approval, to meet with our clients
at your office, prior to the hearing, beginning at 8:30 a.m., for a period of up to
one and half hours to determine if we can work out an agreement to If not, we
propose to commence the
hearing at 10:00 a.m. Is this accep a y
I will contact your office to confirm whether we may proceed as proposed.
Thank you.
Sincerely,
ACJ/me
Cc: Sonia Volavka
John J. Connelly, Jr
(co rr) 0418 Elicker. vol
JAf?O S & MILKES
J
BY: Andrea Jacobsen
, Esq.
APR. -23' 01 (MON) 11:50 JAMES SMITH OURKIN k CONNELLY
TEL:111 533 3280
InNN[S SWM DURKD4 & CONNELLY LLP
John 1. Callnelly,1r.
Bclr(MlIdlegalurn
P. 001/001
AWN M-FIC1,
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VIAFArc?l...7171240-6246
E. Robert Elieker,11, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Volavka v. Volavka
Dear Mr. Elicker:
Apri123, 2001
I have been advised by my client via o-mail today that lie has terminated my
services and intends to represent himself. J am making my file available by 12:00 Noon
today. I assume he will probably need a continuance.
Very
Connelly, Jr.
JJC:jlk
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cc: Andrea C. Jacobson, Esquire (VIA FACSIMILE 717 249-54271
?r I [ LAW OPFICE APR
TO,
' YOU AR[ HERESY NOTIFIED TO FLEA? TO
THE ENCLOSED WIT"'" JAMES, SMITH, DURKIN & CONNELLY, LLp
TWENTY 1201 DAY[ OF SERVICE HEREOF OR
630
'. A DEFAULT JUDGMENT MAY BE ENTERED P. Q BOX
AGAINST YOU-
By HERSHEY. PENNSYLVANIA 1703 3-063 0
ATtMX[Y
MARC P. VOLAVKA,
PLAINTIFF
V.
SONIA L. VOLAVKA,
DEFENDANT
2001W .;
WE HE [ Y CERTIFY THAT THE WITHIN UI 2
A TRUE AND CORRECT COFY OF THE
GBIOINAL FILED IN THIS ACTION-by
AnGEXEr
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999 - 07536
: CIVIL ACTION -LAW
: IN DIVORCE
AND NOW, this V4 day of AW-A , 2001, upon consideration of the
Motion to Withdraw as Counsel for Plaintiff, it is hereby ORDERED and DECREED that John J.
Connelly, Jr., Esquire is granted leave to withdraw as counsel for the Plaintiff, Marc P. Volavka.
BY THE
J.
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a
CI F°R 26 fill 1C:33
1 .
MARC P. VOLAVKA,
PLAINTIFF
V.
SOMA L. VOLAVKA,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 1999 - 07536
CIVIL ACTION - LAW
IN DIVORCE
John J. Connelly, Jr., Esquire hereby respectfully petitions this Honorable Court for Leave
to Withdraw his Appearance as counsel for the Plaintiff, Marc P. Volavka, and, in support thereof,
avers as follows:
Petitioner is John J. Connelly, Jr., Esquire.
2. The Plaintiff, Marc P. Volavka, and his counsel, John J. Connelly, Jr., Esquire, have
had disagreements over the strategy to be employed in presenting the matter.
3. The Plaintiff, on Sunday, April 22, 2001, at 5:00 p.m., e-mailed counsel and advised
him that he was being discharged as his attorney in the matter.
4. The matter at the time of discharge of counsel, was scheduled for a Master's hearing
on April 24, 2001 at 9:00 a.m. before the Cumberland County Divorce Master, E. Robert Elicker,
II, Esquire.
5, Given the position of the Plaintiff regarding his discharge, counsel is no longer in a
position to continue to represent the Plaintiff.
1
.ill
1
WHEREFORE, Petitioner, John J. Connelly, Jr., Esquire, respectfully requests leave to
withdraw his appearance as attorney for the Plaintiff, Marc P. Volavka.
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY
Date: t 1la y?16 By:?
Join Qbnnell , Jr., Esquire
Pc'A-Office Box 650
Hershey, PA 17013
(717) 533-3280
PA I.D. No. 15615
VERMCATIO1v'
ml.__..
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 I8 Pa. C.S. Section 4904, relating to unswom
falsification to authorities.
Date: (31
Jo nne , Jr., Esquire
r
i
i
MARC P. VOLAVKA, : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 1999 - 07536
SONIA L. VOLAVKA, CIVIL ACTION- LAW
DEFENDANT IN DIVORCE
CERTIFICATE OE SERVICE
I, John J. Connelly, Jr., Esquire, of James, Smith, Durkin & Connelly, attorney for the
Plaintiff, Marc P. Volavka, hereby certify that I have served a copy of the Motion to Withdraw as
Counsel on the following on the date and in the manner indicated below:
E. Robert Elicker, II, Esquire
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Andrea C. Jacobsen, Esquire
Jacobsen & Milkes
52 East High Street
Carlisle, PA 17013
Marc P. Volavka
1630 Holly Pike
Carlisle, PA 17013
JAMES, SMITH, DURKIN & CONNELLY
DATE: April 24, 2001
By:
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 15615
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MARC P. VOLAVKA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SONIA L. VOLAVKA, .
Defendant NO. 99-7536 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of April, 2001, upon consideration of Plaintiffs Motion
for Continuance of Master's Hearing, the motion is denied without prejudice to present
the issue to the master at the hearing scheduled for April 24, 2001.
John J. Connelly, Jr., Esq.
134 Sipe Avenue
Hummelstown, PA 17036
Attorney for Plaintiff
Marc P. Volavka
1630 Holly Pike
Carlisle, PA 17013
Plaintiff
Andrea Jacobsen, Esq.
52 East High Street
Carlisle, PA 17013
Attorney for Defendant
:rc
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BY THE COURT,
C
01 PIPR2:; Pii 2:0li
cuh!dc;,irdND COUIFY
PIDIi ISYLVNIIiA
A rck
APR 2 3 2001`
--
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mccS v' can
1
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. § 4904 relating to unswom falsification to
authorities.
Plaintiff
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71
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MARC P. VOLAVKA, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. '
NO. 1999-07536
SONIA L. VOLAVKA, CIVIL ACTION - LAW
Defendant IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY OF SAID COURT:
Please enter my appearance on behalf of the Plaintiff, Marc
P. Volavka, in the above-captioned matter.
Respectfully submitted,
?v?--v .?
Laurie A. SaIL
MEYERS, zg SALT7 er, E
DESFR, G I
& BOYLE
Attorney I.D. #61382
410 North Second Street
P.O. Box 1062
Harrisburg, PA 17108
(717) 236-9428
Attorney for Plaintiff
II MEYERS, DESFOR, SALTZGIVER 6 BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 2368428 . FAX(717)236-2817
a
If
ti ?i
MARC P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-07536
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify on this 6th day of May, 2001, that a copy
of the foregoing Praecipe to Enter Appearance was mailed, first
class, postage pre-paid to:
Andrea C. Jacobsen, Esquire
JACOBSEN & MILKES
52 High Street \
Carlisle PA 170
Lauri. A. Sal zgver, ire
Attorney for Plaintiff
MEYERS, DESFOR, SALTZGIVER B BOYLE
410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (7171236.2817
IMARC P. VOLAVKA,
Plaintiff
V.
SONIA L. VOLAVKA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1999-07536
CIVIL ACTION - LAW
IN DIVORCE
FINAL ORDER OF COURT
AND NOW, this Zday of ({?/ ;001, pursuant
Ito the agreement of the parties, the attached Property
Settlement Agreement is hereby incorporated, but not merged into
the Divorce Decree dated March 12, 2001.
MEYERS, DESFOR, SALTZGIVER S BOYLE
410 NORTH SECOND STREET • P.O. BOX 1082 • HARRISBURG, PA 17108
(717) 236.9428 • FAX (717) 236.2817
. I
PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made this 19,'4 day of 6&6er ,
2001 by and between Sonia Steimling (hereinafter referred to as
"Wife") of Cumberland County, Pennsylvania and Marc Volavka
(hereinafter referred to as "Husband") of Cumberland County,
Pennsylvania.
W I T N E S S E T H:
WHEREAS, Husband and Wife were lawfully married on December
31, 1993 in Forest Grove, Oregon; and were divorced by Bifurcated
Decree in Divorce dated March 12, 2001.
WHEREAS, no children have been conceived of this marriage;
and
WHEREAS, diverse differences and difficulties have arisen
between the parties respecting their interests, rights and title
in and to certain property, real and/or personal, owned by or in
possession of the said parties to either of them; and
WHEREAS, Husband and Wife desire to settle and determine
their rights and obligations and to amicably adjust, compromise
and forever settle all property rights and all rights in, to or
against each other's property or estate of any kind or nature
whatsoever, including property heretofore or subsequently
acquired by either party and to settle all disputes existing
between them, including any and all claims for wife's and/or
Husband's rights to equitable distribution, maintenance and/or
support, alimony, alimony pendente lite, counsel fees and costs;
1
' i
and
WHEREAS, the parties acknowledge and agree that in entering
into this Agreement, including foregoing waivers, they are each
relying on truth and completeness in all material respects as to
all information provided by the other party hereto regarding the
assets of such person.
NOW THEREFORE, in consideration of the mutual promises,
covenants and agreements hereinafter contained, each of the
parties hereto intending to be legally bound hereby promises,
covenants and agrees as follows:
1. INTERFERENCE: Each party shall be free from interference,
authority, and contact by the other, as fully as if he or
she were single and unmarried except as may be necessary to
carry out the provisions of this Agreement. Neither party
shall molest the other or attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, or in
any way harass or malign the other, nor in any way interfere
with the peaceful existence, separate and apart from the
other.
2. WIFE'S DEBTS: Wife represents and warrants to Husband that
since the parties, separation, to wit, December 24, 1998 she
has not and in the future she will not, contract or incur
any debt or liability for which Husband or his estate might
be responsible and shall indemnify and save harmless Husband
from any and all claims or demands made against him by
reason of debts or obligations incurred by her.
2
j
3. HUSBAND'S DEBTS: Husband represents and warrants to Wife
that since the parties' separation, to wit, December 14,
1998 he has not and in the future he will not, contract or
incur any debt or liability for which Wife or her estate
might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands made against her by
reason of debts or obligations incurred by him.
4. MUTUAL RELEASES: Subject to the provisions of this
Agreement, each party has released and discharged, and by
this Agreement does for himself or herself and his or her
heirs, legal represent at ire s, executors, administrators and
i
i
assigns, release and discharge the other of and from all
causes of action, claims, rights, or demands, whatsoever in
law or equity, which either of the parties ever had or now
has against the other, except any or all causes of action
for termination of the marriage by divorce or annulment and
except any or all causes of action for breach of any
provisions of this Agreement. Husband and Wife specifically
release and waive any and all rights he or she might have to
raise claims under the Divorce Code of 1980, as amended in
1988 including, but not limited to claims for equitable
distribution of marital property, support, alimony, alimony
pendente lite, counsel fees or expenses. The fact that a
party brings an action to enforce the property agreement as
incorporated in the divorce decree, under the Divorce code
of 1980, as amended in 1988, does not give either party the
3
right to raise other claims under the Divorce Code,
specifically waived and released by this paragraph and all
rights and obligations of the parties arising out of the
marriage shall be determined by this Agreement.
5. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in
this Agreement, each of the parties hereto shall have the
right to dispose of his or her property by Last Will and
Testament or otherwise and each of them agree that the
estate of the other, whether real, personal or mixed, shall
be and belong to the person or persons who would become
entitled thereto as if the decedent had been the last to
die. This provision is intended to constitute a mutual
waiver by the parties of any rights to take against each
other's Last Wills under the present or future laws of any
jurisdiction whatsoever and is intended to confer third-
party beneficiary rights upon the other heirs and
beneficiaries of each.
6. AGREEMENT BINDING ON HEIRS: The parties acknowledge that
except as provided for in this Agreement, each of the
parties shall have the right to dispose of their respective
property by Last Will and Testament, and that each party
waives the right to take under the Will of the other. This
Agreement shall be binding on the respective heirs,
executors, administrators and assigns of the parties
thereto.
4
7. ENTIRE AGREEMENT: This Agreement represents the entire
1
agreement between the parties. There are no
representations, promises, agreements, conditions, or
warranties between the parties other than those set forth
i
f
herein.
B. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this
Agreement and their legal effect have been fully explained
I
to the parties by their respective counsel. The Wife has
employed and has had the benefit of counsel of Andrea C.
Jacobsen, Esquire, as her attorney. The Husband has employed
and has had the benefit of counsel of Laurie A. Saltzgiver,
s
Esquire, as his attorney. Each party acknowledges that they
have received independent legal advice from counsel and that
each party fully understands the facts and have been fully
informed of their legal rights and obligations, and each t
{
party acknowledges and accepts that this Agreement is, under
i
the circumstances, fair and equitable, and that it is being
entered into freely and voluntarily after having received
such advice and with such knowledge, and that execution of
this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. Also, each ?I
party hereto acknowledges that he or she has been fully ii
advised by his or her respective attorney of the current I
Pennsylvania Divorce Law, and his or her rights thereunder, i
each party hereto still desires to execute this Agreement
5
acknowledging that the terms and conditions set forth herein
are fair, just, and equitable to each of the parties and
waives their respective right to have the Court make any
determination or order affecting the respective parties'
right to a divorce, alimony, alimony pendente lite,
equitable distribution of all marital property, counsel fees
and costs and expenses.
9. DIVISION OF PERSONAL PROPERTY: Other than as further
provided for herein, the parties have divided between them,
to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles
of personal property which have heretofore been used by them
in common. Should it become necessary, the parties each
agree to sign any titles or documents necessary to give
effect to this paragraph.
The parties acknowledge that wife presently has
personal effects at the former marital residence. These
personal effects shall be returned to Wife immediately upon
the execution of the within agreement. The items to be
returned to Wife are attached hereto as Exhibit "A".
10. DISPOSITION OF REAL PROPERTY: The parties agree that
Husband's pre-marital residence located at 1630 Holly Pike,
Carlisle, Pennsylvania shall be Husband's sole and exclusive
possession free and clear of any right or title by Wife.
Wife agrees to execute a Quit-Claim Deed releasing any
and all right or claim to said property. Wife shall execute
6
i
said Quit-Claim Deed within twenty (20) days of the
execution of the within agreement.
The parties agree that Husband's pre-marital rental
property located at 230 East Louther Street, Carlisle,
Pennsylvania shall be Husband's sole and exclusive
?t
possession free and clear of any right or title by Wife.
Wife agrees to execute a Quit-Claim Deed releasing any
and all right or claim to said property. Wife shall execute
said Quit-Claim Deed within twenty (20) days of the
execution of the within agreement. IL
11. EQUITABLE DISTRIBUTION:
Lump Sum Payment - Husband shall make a one time lump
a w`I
.
sum equitable distribution payment in the amount of i-:
$35,000.00 to Wife. Said payment shall be made within
twenty (20) days of the execution of the within
agreement. The parties acknowledge and agree that the
Divorce Master's appointment shall not be withdrawn
until Husband has made said payment to Wife.
b. Automobiles - The parties agree that any and all
automobiles presently in either parties' name and
possession shall remain the property of the individual
in who's name and possession they are presently titled.
C. Checkin Accounts Savings Accounts and Certificates
of De_?osit - The parties agree that Husband shall keep
as his sole and exclusive possession any and all
checking accounts, savings accounts or certificates of
7
deposit presently held in his name alone.
The parties agree that Wife shall keep as her sole
and exclusive possession any and all checking accounts,
savings accounts or certificates of deposit presently
held in her name alone.
d. Keystone Financial Stock - The parties acknowledge and
agree that the Keystone Financial Stock which is
presently held in joint names shall be wife's sole and
exclusive possession. Wife shall obtain any and all
documentation necessary to transfer said stock into her
name alone. Husband agrees to execute any and all
documentation necessary to give effect to this
paragraph.
e. Pension Plans/IRAs: The parties acknowledge that the
Husband presently has a pension with PSERS. The parties
agree that this pension plan shall be the Husband's
sole and exclusive possession free and clear of any
claim or demand by Wife.
Any and all retirement accounts and IRA's
presently held in either party's name shall remain the
sole and exclusive possession of said party.
12. PRIOR DOMESTIC RELATIONS ACTION: The parties acknowledge
that Wife filed a spousal support action with the Domestic
Relations Office of Cumberland County. The parties agree
that following the execution of the within agreement, that
wife has the right to collect any arrearage recorded in the
8
action docketed at 01101 S 1998, PACSES 257100604, as of Sh?eS
_,pp
date of this agreement;r\ {'h amp'tVV
se ee ext., '3
13. WAIVER OF RIGHT TO ALIMONY ALIMONY PENDENTE LITE SPOUSAL
SUPPORT COUNSEL FEES COSTS AND EXPENSES., The parties '4(
hereby acknowledge that they each waive their right to
request alimony, alimony pendente lite, spousal support,
counsel fees, costs and expenses from the other unless
otherwise provided for in this Agreement.
14. BREACH: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or
her election, to sue for damages for such breach or seek
such other remedies or relief as may be available to him or
her, and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by
the other in enforcing their rights under this Agreement.
15. ADDITIONAL INSTRUMENTS:
a. Each of the parties shall from time to time, at the
request of the other, execute, acknowledge, and deliver
to the other party any and all further instruments that
may be reasonably required to give full force and
d
effect to the provisions of this Agreement.
b. This Agreement shall be incorporated into the Divorce
Decree dated March 12, 2001 but not merged therein.
The parties agree to cooperate in obtaining a court
order which will incorporate the within Property
Settlement Agreement in the Divorce Decree dated March
9
12, 2001.
16. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if
made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon
strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
17. DESCRIPTIVE HEADINGS: The descriptive headings used herein
are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
18. VOID CLAUSES: If any term, condition, clause or provision
of this Agreement shall be determined or declared to be void
or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects, this Agreement shall be
valid and continue in full force, effect, and operation.
19. EXECUTION DATE: The execution date shall be defined as
the date both parties have signed this Agreement. In the
event that the parties do not sign this Agreement at the
same time, the execution date shall be the date the last
party has signed.
20. APPLICABLE LAW: This Agreement shall be construed
pursuant to the laws of the Commonwealth of Pennsylvania.
10
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals the day and year first above-written.
11
0.T 9Y': C0I41101-9EALTH OF PA; 717 232 7028; SEP•28.01 21AIA;
09/19/2091 15:15 2362817
Page 1 Of 3
SONIA VOLAVKA STIMELING
Inventory - Items of parsonai;property In possession of Marc to be returned to Sonia
Living Room
Bross picture {ryme, with picture 7
? Aquarium -- `jfoksv
Items.under the equarlum'-paid bills, received greetirip carder paperwork
frog and bridge from agVadum -) K dhcv 4V.Ar- ! .e_
Beanies: 3 bears, owl, dog; frog
? Painling bf covered bridge on wall
Small bench frogs sit on ?*'; '
Small plate with Winrile the Pooh an It +-?
'Daughter book', to Sonia from. her mom ,
Wood Spool doll ?T.
News clippings - about Sonia's cheeneading
Paper written by Sonia's mom 7
1 Silver votive candle holder -?
2 Boyds Sears plris: bunny, g6if - 7
Hummingbird glass holder r 7
'Hummingbird musical figurine
Candle-Iliac - lon? gene
Family room:
.4001mall shelf on wall, with figurines (raccoon, rabbit)
? 2 -3 brose.leaves above shell
? Porcelain: Needeader and, basketball player, porcelain cheerleader
Shell box - ,. 7
Glass candy dish with Alabama playing cards " . 7
Published medical book (not personal medical Journal) - .
6= 7 books, had boon In basket next to couch - 10 rw? 5 6 &00L
Cross stitch'books in cabinet - approximately 3 books
Family photographs; vacation photographs (in package from store)
Photo albums, epproxihistely 6.
Flkns on reels, small box containing amm films, approximately 10 -12
Grandfathoei old Ink pin
Grannis's memory.book marker
Slides from Sonia's childhood
Music books: drums, olarlnei
Books: modeling, buiterfly '
Brawn ceramic rabbit
Bear Bryant collector stamps.
Golf scrapbook, with Laura. Davis signature
Largo bedroom
?Bicycle
V Old leg prosthesis leg
StufNd animals - appro>imately 10 - 1 1XaAc, 1 14P tT
EXHIBIT A
PAG-_ 2/4
PAGE e3
I
j.t4
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SEt.i E'/; CC11110A14EALTH OF PA, 717 232 7028; _ SEP-29.01 9:21A!d;
03/19/2001 15:15 2362917
Page 2of3
Hallway and adjoining bedroom
One brass candle holder "?
1/ Gold shelf and butteiflios at top .of stairs
? 2 BufterfEes.on wall
Dolls - Barbles - approkimately 6
Lag parts - cover, knee, misc.
2 Hats with golf-pro signaturos I OAr °Jolkt-
Cosmetics,perfuma-2 bottles'- POson,Pvlo (rM? S10.4--
2 Exercise weights - blue '? .
s
Guest hedinom
Stuffed animals-approximately 12- unnies, Financial Trust bear, other bears.
squirrel, 4X•fA4Ar l t I
Ceramic cat
W"White*shell with butterflles and candle holder (Home Interiors)
?Misc. items from shelf-ducks,- rainbow, letteropengr, bytterflies
'Contents of antique. dresser -- wlrt4+f t
Contents of small cabiriet/end table (wooden) - vA 4
t/'Serep book! - spproximately3;-photo albums, approximately 2
.30/30 gun (Cathy W4gnees)' .- 9u.R.
Rowing machine "?
Suit" Cross stitch in white frame
? Child's rocker-red
Pao man game,
Alabama Coke behles '
Red Coke tin, with contents - misc. Items
Box of misc. paperwork and bllls
Boyd's pin - frog
Dining room
?sat of PfaltzgraM dishes - servieq for 6 or 8 - was In red hutch
? Set of o.tai glaases - earvioe for.6
Glass dishes; egg plate; flat gidas plate
2 smell crystal dish (?a --?
MIN frog tee set -
Game's: Una, Skippo, dominos
Old camera. in hewing machine draws -?
Green frog (present from mother)
? 2 smelt glass shelves' •
I/ Brass and porcelain'buharflles on wall, approximately 3
Marbled butterfly egg - ceramic
Fdendshlplln box; golf tin box
Visor with woman's pro-golf signatures
? Marble table
Got bears, approximately 2
Frog - wae'cn top of red hutch ;
Wlnnie the Pooh jelly yfaases (approx. 46)
Yankee Candle, French vanilla tong 0006.1_
Margaritaglass, with small change -approximately $25.00 ?OYl4 GJdwC_
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frogs.
SE6' E'b: CCI.IMOUJlEA! TH OF PA;
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7
Sr"I peach candle ?-
U.S. Women's Open golf jacket
Milan
'17 232 7029; SEP•28.01 9:22AM; PACE 4/4
PAGE 05 '
Misc. cook books: phone company yetrow cook book; cookie cook books, ( w ?tlJlT ? 61-
00 approxlmately 3 - 4; bank cook book; Small red Brookwood Band cook book
Gless'cake plate
jr. Lerge Age 30 cup .
3 ? Magnets of Sonia`s from refrigerator (bare, nephew Homer's
Grannie) ? 1CWt b pldure) Potato cutter (from
Tigger and Pooh planter -It, pt J
Downstalrs bath
?Buttertlles do wag, appro)irnatdly 3
?Sliverwaro In cabinet (service for 6 _ 6) _ in storage cabinet
Jewelry
. ..
Buttemy pin, r
Elufterlfy necklace
VButten9y earrings
v Ruby and diamond neeldace.
Ruby and diamond bracelet
Pearl neddace, r.? ?'v t ?7
Pearl bracelet -
Pearl earrings
?. Diamond ring.and gold band
Other Items- net aura where flies are
Clarinet (Mare's nephew Jeff had) Ylo+ Iti M T i"'AAv9•',.
Electricrazor - women's -7
ChristM2C omaments (from Sonia's mother) - approximately 6 ..
Wooden Santa, hdiding bell . 7
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
BOI RELATIONS 13 N. HANOV M ?S , P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 24o-6225 Fax: (717) 240-6148
AUGUST 16, 2001
Plaintiff Name: SONIA L. VOr,AVM
Defendant Name: mARC P. vor.AVM
Docket Number: 01101 S 1998
PACSES Case Number: 257100604
Other State ID Number:
Phase note: All correWdenee must include the PACSES Case Number.
Certification of Arrears e
I, R.J. SHADDAY , hereby Certify that arrearages on the above case as of
AUGUST 16, 2001 total $ 4, 934.73
Date Signs e
A fAUE COPY FROM R =?URJ,
In Testimony wherol, I ht unto set my hailu
and the Baal 01 ssld L? rl .,!_Caaislp, Pa.
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This? <t114,0
cleri< 01 as?-
Cinn_hariarid County
EXpiraS
State Form # E X H i a i r
Service Type M Form EN-003
Worker [D 21005
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MARC P. VOLAVKA, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 7536 CIVIL
SONIA L. VOLAVKA,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this _ c/ 7-A day of Q y? (?
2002, a divorce decree having been entered previously on
March 12, 2001, and the economic claims raised in the
proceedings having been resolved in accordance with a
property settlement agreement dated October 19, 2001, the
appointment of the Master is vacated.
BY THE COURT,
CC: Laurie A. Saltzgiver
Attorney for Plaintiff
Andrea C. Jacobsen
Attorney for Defendant
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