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HomeMy WebLinkAbout01-0389 FXIN THE COURT OF COMMON PLEAS ~ y ~ 2003 AND NOW, ~ "~'Y IT IS ORDERED AND SUSAN E. KOSTELAC, OF CUMBERLAND COUNTY STATE OF ~ PENNA. Plaintiff VERSUS LAWRENCE L. KOSTELAC, 7R., Defendant N O. 01-389 CIVIL TERM DECREE IN DIVORCE DECREED THAT AND SUSAN E. KOSTELAC LAWRENCE L. KOSTELAC, JR. ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE SEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NOrie. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreement between the parties dated March 4, 2003, are 1nCOrporatea m Tll1S LECree lri ll1VOT'Ce by reference as rally as lI the same were set TOrth herelri at length. Said Agreement shall not merge with but shall survive th~ecree in Divorce. By T,14E COU ATTEST: J . PROTHONOTARY .. .,.,. ~~ ~R_ ,, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE L. KOSTELAC, :CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of 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 Plaintif£ You may lose money or property or other rights important to you. _ When the ground for divorce is indignities or irretrievable breakdown of the marriage, ~~ou may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17011. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUII2E Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff v. LAWRENCE L. KOSTELAC, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. d I- 3 8 5 eurc.Q `T-Q."`"- CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Susan E. Kostelac, who has resided at 4 Mayfair Court, Camp Hill, Cumberland County, Pennsylvania, for the last two months. 2. Defendant is Lawrence L. Kostelac, who has resided at 5925 Stephens Crossing, Mechanicsburg, Cumberland County, Pennsylvania, for the last ten years. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the faling of this Complaint. 4. The Plaintiff and Defendant were married on June 27, 1981, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I -DIVORCE 4. The Plaintiff avers that the grounds on which the action is based aze as follows: That the marriage is irretrievably broken. COUNT II -ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs. 11. Plaintiff is unable to sufficiently support herself through appropriate employment. 12. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. COUNT III -ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 13. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 14. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 15. Plaintiff s income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. P 6. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT IV - EQUITABLE DISTRIBUTION 17. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Compel Defendant to pay alimony to Plaintiff; c. Compel Defendant to pay alimony pendente lite to Plaintiff; d. Grant Plaintiff attorney's fees and costs; e. Equitably distribute all property, both personal and real, owned by the parties; f. Grant such further relaef as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: January 16, 2001 By: MARIA P. fL'OGNI'~'I'T~i, ESQUIRE Attorney LD. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, SUSAN E. KOSTELAC, hereby verify and state that the facts set forth in the foregoing document aze true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authoriries. c ~-.~.~~..,-~ USAN E. STELAC DATE (~~ , /5- ~ a O 0 ~ MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUII2E Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. LAWRENCE L. KOSTELAC, Defendant NO. 01-389 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Complaint in Davorce was served upon the Defendant by certified mail, return receipt requested, on the 27t° day of January, 2001. The original signed return receipt, number P 902 067 194 is attached hereto and made a part hereof. MARIA P. COGNETTI & ASSOCIATES Date: March 14, 2001 By: MARIA P: COGN~ET~'I, ESQUIRE Attorney LD. No. 2 14 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Sworn to and subsc~~ed before me thi ~ day of , 2001. Notary Public Karen A. P~lic~ U'Ippo'~p!, .ANerclr ,20c~ a-fl'89actaitan of Noienes -.c_. as a.-x- _. ;. .'~~s.~~s~, __YS3l~i _ ~.~sa-'~.e~~a'..-, Sentler ~ ..~ ~ ..~ 7. Date of Delivery ,~. RE: KOSTELAC V. KOSTELAC l -a~ O MARIA P. COGNETTI,£SQUiRE qa. Article Number MA1tlA P. COGN ETTI ~ ASSOCIATES 21®:GRANDY7EW AVENUE, STE 102 F9ftZ 06719 CAMP HILT'' PA I ~~ 1 I ~~ RESTRICTED qb. Service Type ~, DELIVERY F~~ 5. Received 8y: (Please print clearly) 6. Sign (DA ssee o ^Agent) rLRw;ols~e~ ~osizdLfft' x.. -~ r~-ter t INIIIN~~ININ~I~~IIN NII~IINIII~~ ~/ P:9~2 067 194 8. Addressee's Address frtam rearxom aaareaaa:aaeysa~aarl 3. Article Atldressed to: MR. i/AWIZEnICE E.. IfOSTELAC - _ AT SeconEary ACtlress I Sulte I Apt. / Fleor (Please Print Neatly) (1] j~ J~ i}1~I-EE a~rS C.'~.~ .5$`~TIG NIEtI7ANICSIJItG i A 0» Delivery Atltlress City State ZIP t 4 CoEe MARIA P. COGNETTI & ASSOCL4TES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff v. LAWRENCE L. KOSTELAC, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-389 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Plaintiff s Interrogatories (First Set) to Defendant Plaintiff's and the Request for Production of Documents (First Set) to Defendant were served upon the Defendant by certified mail, return receipt requested, on the 1st day of March, 2001. The original signed return receipt, number P 902 067 186 is attached hereto and made a part hereof. MARIA P. COGNETTI & Date: March 14, 2001 By: MARIA P. COG1~E'1)TI, ESQUIRE Attorney LD. No. 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff Sworn to and subsc,~}'b~~ed before me 's ~~ ~' tlay of , 2001. Karen A. .A~bHc~ Notary Public MA' ' , n'r s 200 t~ber'Pertllsylvanl9-ASSaclaUon of Noiaries Sender: 7. Date of Delivery RE: ~ _ f= MAR4A P. COGNF..TTI; ESQUIRE qa. Article Number MARIA F'. CUGNET"TI k ASSOCIATES P 902 067 186 27tlGRAi~TDVIEW AVGN'U£, 5TE 102 CAMP HILL, PA 17011 ~~ RESTRICTED 4b. Service Type ^ DELIVERY C~ FAE~ ~'~, S. .. P.L _._ r,2 '. SUSAN E. KOSTELAC, IN THE COURT OF COMMON PLEAS OF Plain[iff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 01-0389 CIVIL TERM LAWRENCE L. KOSTELAC, IN DIVORCE Defendant/Respondent DR# 30788 Pacses# 458103590 ORDER OF COURT AND.NOW, this23`a.day.ofJuly,.2001; upon.considerationoftheattached~etition for.Alimony....., .. Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appeaz before R.J. Shaddav on Aunust 24.2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Cazlisle, PA 17013, after which the conference officer may recommend that an OrdeP for Alimony Pendente Lite be entered. YOU are fwther ordered to bring to the conference (1) a true copy of yow most recent Federal Income Tax Retum, including W-2's as filed (2) yow pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 lm (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for yow arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 7-23-01 to: < Respondent Maria Cognetti, Esquire Don Kissinger, Esquire Date of Order: July 23, 2001 R .Shad y, Conference Officer ` YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE; PENNSYLVANIA 17013 (717) 249-3166 -;, MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff v. LAWRENCE L, KOSTELAC, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0389 CIVIL ACTION -LAW IN DIVORCE AND NOW, comes the Plaintiff, Susan E. Kostelac, by her attorney, Maria P. Cognetti, Esquire, and moves the Court to enter an Order setting the case for conference and respectfully represents that: Plaintiff is Susan E. Kostelac, who currently resides at 4 Mayfair Court, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Lawrence L. Kostelac, who currently resides at 5925 Stephens Crossing, Mechanicsburg, Pennsylvania. 3. Plaintiff filed a Complaint for Divorce on January 19, 2001. Said Complaint contains a Count for alimony pendente lite. 4. Based on Plaintiff's Complaint, she is requesting this Court direct the Domestic Relations Office to schedule a conference on the issue of alimony pendente lite. 5. Contemporaneously with the filing of this Motion, Plaintiff is filing a Complaint for spousal and child support with the Domestic Relations Office. 6. Plaintiff would ask that both matters be heard at the same time. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order setting this matter for hearing. Date: June 22, 2001 By: Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES MARIA P. CbG Attorney I.D. No. 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, SUSAN E. KOSTELAC, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. r USAN E. K_O~S~ LAC DATE: ~ "a I - Ol CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing document by depositing a true end exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire HOWETT ffiSSINGER & CONLEY 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MARISA P. COGNETTI & ASSOCIATES Date: June 22, 2001 By: /~~~`~~~ MARIA P. C NET E QUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania /~~S£S ~3G~°3oDB QOriginal Order/Notice CO./City/DISt. Of CUMBERLAND tS~ 30,3.3 ~~ /~~a ~ ~g~~ Q Amended Order/Notice Date of Order/Notice o7/z7/ol PfJC~£S a~~oadD~tfO Terminate Order/Notice Court/Case Number (See Addendum for case summary) ,~~ a~s- f Employer/Withholder's Federal EIN Number UNITED PARCEL SERVICE* Employer/YVrthholder's Name 8325 ARDWICK ARDMORE RD Employer/Withholder's Address LANDOVER MD 20785-1622 )RE: CARDER, MICHAEL N. Employee/Obligor's Name (Last, First, MO ) 453-93-5317 Employee/Obligor's Social Security Number 3778000032 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, Firs[; MO See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current support $ o. 00 per month in past-due support Arrears 72 weeks or greater? Qyes ®no $ o . oo Per month in medical support $ 0.00 Per month for genetic test costs $ per month in other (specify) for a total of $ o . o o Per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.0o per weekly pay period. $ 0 . oo per biweekly pay period (every two weeks). $ o . 0o per semimonthly pay period (twice a month). $ O.Oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASFI BY MAIL. BY THE COURT: Date of Order: ~UL ~ 9 ~a Service Type M uu~ ,~ a 2001 wt~ Form EN-028 oma No.: os~a-a ua Expiration Date: 12/31/00 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ^ If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against [he same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of [he single payment that is attributable to each employee%bligor. 3.* You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligorwith Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable [o honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee bligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 1314265000 EMPLOYEE'S/OBLIGOR'S NAME: CARDER, MICHAEL N. EMPLOYEE'S CASE IDENTIFIER: 3778000032 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both [he accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrnm employment, refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income lek aker making mandatory deductions such as: Stale, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respell to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet ~ Page 2 of 2 OMB No.: 09]0-0154 Expiation Dale: 12/31/00 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through [he employee's/obligor's employment. _. ^If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ^ If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket AttachmentAmount $ o.oo Child(ren)'s Name(s): DOB C" _C 'tJ ~ ~ 1a. ` ~t C ` . 1 ` .~ G "' ~';.7 ~ r t` _' C~ ~ C?' r' MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff SUSAN E. KOSTELAC, : IN THE COURT OF COMMON PLEAS Plaintiff v. LAWRENCE L. KOSTELAC, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-0389 CIVIL ACTION -LAW IN DIVORCE PLAINTIF'F'S COUNTER-AFFIDAVIT UNDER § 3301(dl OF THE DIVORCE CODE Check either (a), (b), or (c): (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. X (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. ~4Z. ran / _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. .. ~ , -. a ,f. .... .i m.. ~. W, ~F I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~~, ;~C~~~ Susan E. Kostelac NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN 8. KOSTHLAC ) Docket Number 01-0389 CIVIL Plaintiff ) vs. )PACSES Case Number 458103590 /D3m788 LAWRHNCS L. KOSTELAC ) Defendant )Other State ID Number ORDER AND NOW, t0 Wlt On th1S 10TH DAY OF SEPTEMBER, 2001 I'T IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or ®Other ALIMONY PENDENTE LITE filed on JUNE 26, tool in the above captioned matter is dismissed without prejudice due to: THE MATTER BRING ADDRESSED AND RESOLVED UNDHR THE COMPLAINT OF SUPPORT DOCKETED AT 519 SUPPORT 2001 AND PACSES C#225103596. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petttioner. BY THE COURT: DRO: R,T Sbadday xc: plaintiff defendant Maria Cognetti, Esquire Donald Kissinger, Esquire 9-ia-c~ ~ - - Service Type M ~e Edgar B. Bayley GE Form 0E-506 Worker ID 21005 c _.~ ~: -~ [a -,. r li C - y: __- , Y C `;:~ ti.] -,.r ~PNt+Pis~~ ?===n- ,:,.f~w~rrrs,~;='31vr"~§N~+~zsrain~. _. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. KOSTELAC, ) Plaintiff ) v. ) LAWRENCE L. KOSTELAC, JR., ) Defendant ) NO. 01-389 CIVIL TERM CIVIL ACTION -LAW 1N DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER 3301Ld) OF THE DIVORCE CODE The parties to this action separated in or about June 9, 2000 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~/ Date: ~ ~ U~ ~~ lL7~c1~G ' ~'LT~ffaanry Lawrence L. ostelac, Jr. r _ -~,~ - ~7:; L - v ~" ~- l~. = . ` ~t ) -;- f ~ 11 ~~} ~~ ~ SUSAN E. KOSTELAC, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 2001-0389 CIVIL TERM LAWRENCE L. KOSTELAC, IN DIVORCE Defendant/Respondent DR# 30788 Pacses# 458103590 ORDER OF COURT AND NOW, this 26s` day of November, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $110.00 per month payable monthly as follows; $110.00 for alimony pendente lite and $0.00 on arrears. First payment due next pay date. Arrears set at $330.00 as of November 26, 2002. The effective date of the order is September 11, 2002. This order is based upon an agreement of the parties. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C. S. § 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Susan Kostelac. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. '~ e , ~~ ~~ ~?N~~~~~?n~ y~ ~~ y i ~ :~ ~'d S_ X30 Zd .. Unreimbursed medical expenses that exceed $250.00 annually aze to be paid 57% by the respondent and 43% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbtJrsed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, o£ 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. St~adday BY THE COURT, Mailed copies on Petitioner / •3~0 7 to: < Respondent Donald Kissinger, Esquire Maria Cognetti, Esquire (~~.~~~ „\ G Edgar B. Bayley J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. KOSTELAC, Plaintiff ) v. ) NO. 01-389 CIVIL TERM LAWRENCE L. KOSTELAC, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: 3 U ' Lawrence L. Kostel ,Defendant c ca c's e-° v~~ ~. ~, ~~~'~ -' ~ _r , • ~... .? .. i _a ~_ , 4i ~. t ,_;. __ ~ ; ; (rr ~~ - ~ ?? ~'t= "= is _;,h'i ~ > ca -c - N~$@ MFR-331P., I~ "G+r6~2fiY6 .8k~~ ~f..ti.•••. .ae:~:S'~ 4~i 'irTi'~B.P?[iiryY Y vb}:.ii'.aP'PYPi 1!".~R?&K~~`' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. KOSTELAC, ) Plaintiff ) v. ) LAWRENCE L. KOSTELAC, ) Defendant ) NO. 01-389 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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: o~ ~7 Susan E. Ko ,Plaintiff ~ ~ ~ ~: i _.~ ~~L "~ _, V r ~ C f'r-' ' --,~ ~~ °y'r__ ~ _3:: -ii ~C- J~ G ~ -~ ~D ~. +.~.,., tim::u ~^.~YK: XERa.J i ;'.,.a: ['r~F'q£~3P.~'~°~"F. ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN E. KOSTELAC, Plaintiff ) v. ) NO. 01-389 CIVIL TERM LAWRENCE L. KOSTELAC, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail, return receipt requested, on January 27, 2001; Affidavit of Service filed by Maria P. Cognetti, Esquire on March 19, 2001. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, February 21, 2003; by defendant, March 4, 2003. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated March 4, 2003. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: ~ ~ d ~ ~~'~ Donald T. ssinger, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717)234-2616 Counsel for Defendant Lawrence L. Kostelac ;~ ~-~: ~a z r=' , ~:, 7, ,'t - 4~'1 _ ~Y ~. L . __^ ~ LLa ., ~ ., :~J 7T1 _~ ~t [>: x ~ Rd^Ft9C .. .6 .... . tan r ~~- . ~ .y.. ~ ,~,~~s sw~.,..~a~- ~a E .>w.=vM^nw%F:~itcsgPa' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN E. KOSTELAC )Docket Number 01-0389 CIVIL Plaintiff ) vs. ) PACSES Case Number 458103590 LAWRENCE L. KOSTELAC ) Defendant )Other State ID Number ORDER AND N!®W, t0 Wlt, On th1S 31ST DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the support order in this case be Q Vacated or QSuspended or ®Terminated without prejudice or Q Terminated and Vacated, effective MARCx 4, 2003 ,due to: PARTIES' MARITAL SETTLEMENT AGREEMENT OF MARCH 4, 2003. THERE IS NO BALANCE TTUE THE PLAINTIFF. DRO: RJ Shadday xc: plaintiff defendant Maria Cognetti, Esquire lbnald Kissinger, Esquire -, ~~ .:r~ ;~ Service Type M BY THE COURT: ,y \ Gv Edgar B. Bayley T GUi Form 0E-504 Worker ID 21005 D,~~G T '[} [`fy' ~`~~ sew ',. "' t ~t_. mg fi ^~, - ~~~.. a l F '.JCJ cL, f- ~":-I+i ~.'.~ ~, FE ~ 2ooa Susan E. Kostelac Plaintiff IN THE COURT OF CObIbION PLEAS CLnIBERLAND COUNTY, PENNSYLV~iVL~1 VS. CIVIL ACTION -LAW Lawrence L. Kostelac NO. 01-389 Defendant DO~IESTTC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"), This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marriage Settlement Agreement entered into March 4, 2003. The Court will incorporate the 1VTarriage Settlement Agreement into its Decree of Dissolution of Marriage. 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Lawrence L. Kostelac ("Participant"} is a Participant in the Plan. Susan E. Kostelac ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. The Participant's name, mailing address, Social Security number and date of birth are: Lawrence L. Kostelac 5203 Windsor Blvd. Mechanicsburg, PA 17055 Social Security No.: 173-52-2447 Date of Birth: lYlay 20, 1958 6. The Alternate Payee's name, mailing address, Social Security number and date of birth C~ 1 are: DRO Page 2 Susan E. Kostelac 5601 Moreland Court Mechanicsburg, PA 17055 Social Security No.: 183-52-3933 Date of Birth: March 4, 1958 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. This Order assigns to Alternate Payee an amount equal to $30,000 of the Participant's total account balance accumulated under the Plan. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit DRO Page 3 payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18.. If Participant takes any action that prevents, decreases or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. ' DRO Page 4 EXECUTED this t1~ day of , 200'. BY THE C ~, \ G Judge CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE ~ ~~~~. Signature 1G2H,ccah-e-L ~70~ o?`O~f ate DEFENDANTlPARTICIPANT Signature Date ATTORNEY FOR PLAINTIFF! ALTERNATE PAYEE ~~~ Wl d7A Signature ~,~ /,v, tv,; , P~ 2~74z9 (2 4 Date ATTORNEY FOR DEFENDANT/ PARTICIPANT ~~,~ Signature Date ~- -~ ,~„~ ~~~ a ~~^ ~A y~t7 ~ c'~ ' l V iy~ [~ ~}\4i ({ 1 ~4 'J ^~` y ~t ' Q ~ `' -V / W I\ c a ~~~m,.. , a-+~a°.~m~o~,i~.s~est~.'ffV~ _ ryiute9RRS~n~, _. _ J SUSAN E. KOSTELAC, Plaintiff v. LAWRENCE L. KOSTELAC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-389 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Susan E. Kostelac, the Plaintiff in the above-captioned matter. Date: January 4, 2004 By: MARIA P. MARIA P. COG Attorney I.D. No. & ASSOCIATES ESQUIRE 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Susan E. Kostelac, the Plaintiff in the above-captioned matter. 4~b~ ~ ~ ~ pp per, Cunni ^7 Date: /2 2~ C~kiW. (,{/(~~~ Marc Warren Witzig, Attorney ID No. 2992q 2320 N. 2id Street Hamsburg, PA 17110 Telephone No. (717) 238-6570 ~~ SUSAN E. KOSTELAC, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 01-389 Civil Term LAWRENCE L. KOSTELAC, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary, with the law firm of Cunningham & Chernicoff, P.C, hereby certify that on the 13u day of January, 2004, a true and correct copy of the PRAECIPE FOR WTT$DRAWAL/ENTRY OF APPEARANCE, was served by first-class U.S. Mail, postage prepaid, to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrishurg, PA 17108 CUNNINGHAM & CHERNICOFF, P.C. By: U. Stacy A. Soll iberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 r cN-a 0 O -1'i T ~)' s (~ ___ R7 r _ ~~ ' C7 ~. ~_' -t ~. ~_ > ~~ ~~ ~~ _ ~~&5~«e~€r+ _-9a~tyz^ns sa4 .. Hlfl~mi _... t~ O t - 3~`l ~iu~(„~~ CERTIFICATE OF SERVICE I, John DeLorenzo, hereby certify that on this ~ ( day of ~~ ~, 2004, I served the foregoing document, via U. S. Mail, postage prepaid, on the persons set forth below, namely: Office of Attorney General Charitable Trusts and Organizations Section 14'h Floor, Strawberry Square Harrisburg, PA 17120 Lebanon Valley College Sue Borelli, Major Gifts Officer 101 North College Street Annville, PA 17003 Trinity United Methodist Church 757 Willow St Lebanon PA 17042 Helen Oppennan Krause Animal Fdn Inc, P O Box 311 Mechanicsburg PA 17055 Bethesda Mission Attn; Ross A Weidman Director of Development 1500 N 2nd St Harrisburg Pa 17102 Meals on Wheels C/O Lebanon County Area Agency on Aging 710 Maple St 2nd Fl Lebanon PA 17046 Cumberland Valley School District Attn: Mike Diffenbach 6746 Carlisle Pk Mechanicsburg PA 17055 GOLDBE ZMA=N~~& S~HIPMAN, P.C. B ci''- _ Y ohn DeLorenzo, Esquire Date: ~ 2 ( 2004 -~: %71T ~' °t ..,tea '^G {.R f'~ ~ ~ _ "4°. '~"' ~ . . d ~- nJ ~ R7 . -ems- Tr r, ~~ ~.~ ~~-~~ .~ ~' _ =- e;=: ,.... _ ... ._ .. ,. _tau~s~~~s!fi ~. sw~caz~sxi '_ ra~S~dcna~a, -Hm~ ,..