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HomeMy WebLinkAbout08-6014SHARON M. JAMIOLKOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Di- 601 q TMM BRIAN M. JAMIOLKOWSKI, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY FLOWER ? LINDSAY ATIURNM?AMAW 26 West High Street Carlisle, PA M atas, Esquire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SHARON M. JAMIOLKOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. D F. L a /y (' T BRIAN M. JAMIOLKOWSKI, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Sharon M. Jamiolkowski, an adult individual, residing at 2266 Old Hollow Road, Mechanicsburg, Pennsylvania 17055. 2. The Defendant is Brian M. Jamiolkowski, an adult individual, residing at 44 Devonshire Square, Mechanicsburg, Pennsylvania 17050. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 26, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. The Plaintiff has been advised that counseling is available and that she has FLOWER & LINDSAY 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 (c) or (d) of the Pennsylvania Divorce Code. COUNTI - CUSTODY 11. Plaintiff seeks custody of the following children: Joshua M. Jamiolkowski (DOB October 29, 2002) and Jacob M. Jamiolkowski (DOB: August 11, 2004). The children were not born out of wedlock. The parties presently share custody of the children, pursuant to the Property Settlement and Separation Agreement executed June 30, 2008. During the past five years, the children have resided with the following persons and at the following addresses: Names Address Dates Plaintiff and Defendant 3 Countryside Court, Camp Hill, Birth to June Pennsylvania 2008 Plaintiff 2266 Old Hollow Road, Mechanicsburg, June 2008 to Pennsylvania present The mother of the children is Sharon M. Jamiolkowski, currently residing at 2266 Old Hollow Road, Mechanicsburg, Pennsylvania 17055. She is married. The father of the children is Brian M. Jamiolkowski, currently residing at 44 Devonshire Square, Mechanicsburg, Pennsylvania 17050. He is married. SAIDIS, DOWER & LINDSAY 26 West High Street Carlisle, PA 12. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the children at issue on a primary custody basis, pursuant to the terms of the Property Settlement and Separation Agreement executed on June 30, 2008. 13. The relationship of Defendant to the children is that of Father. The Defendant currently resides with the children on a partial custody basis, pursuant to the terms of the Property Settlement and Separation Agreement executed on June 30, 2008. 14. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. 16 The parties desire that the terms of the Property Settlement and Separation Agreement executed by them on June 30, 2008, be incorporated into an Order of Court. WHEREFORE, the Plaintiff requests this Court to grant her shared legal and primary physical custody of the children. SAIDIS, FLOWER & LINDSAY Marylo tas, Esq re SAIDIS, FLOWER & LP4DSM 26 West High Street Carlisle, PA Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Sharon M. Jamiolk ski Date: /o/.f/0 8 FLOWER & LMDSAY A1LAW 26 West High Street Carlisle, PA -r AI 41111 C'i roa J QP SHARON M. JAMIOLKOWSKI, Plaintiff V. BRIAN M. JAMIOLKOWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 084-CIVIL TERM U& N IN DIVORCE ACCEPTANCE OF SERVICE I, Brian M. Jamiolkowski, accept service of the Complaint in the above-captioned SAMIS, FLOWER & LMDSAY Ar101VEr a-1AW 26 West High Street Carlisle, PA matter. Date i Brian M. iolko ski C ? G coo SHARON M. JAMIOLKOWSKI, Plaintiff V. BRIAN M. JAMIOLKOWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA oar-GO,y CIVIL ACTION - LAW NO. 08-6614 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT SAWIS, FWVVER & LENDS" XINWX? 26 West High Street Carlisle, PA 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed October 7, 2008. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. P Date: / 7/0 Bria . Ja iolk ski DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. C Date: / /of ?? Brian M. Jam's Ikows c,.,, ? ? .? r c°°' . ;?"; w: ' ?? c ij??? .r PROPERTY SETTLEMENT AND SEPARATION AGREEMENT 1< THIS AGREEMENT made this day of June 2008, between Brian M. Jamiolkowski, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and Sharon M. Jamiolkowski, of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are Husband and Wife, having been joined in marriage on September 26, 1998, in Carlisle, Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce is about to be filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children Joshua M. Jamiolkowski (DOB 10-29-02) and Jacob M. Jamiolkowski (DOB 08-11-04), counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time 1 may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to finalize the divorce after the expiration of ninety (90) days of the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 3 Countryside Court, Hampden Township, Camp Hill, Pennsylvania 17011 (the "Real Property"). Husband and Wife agree that within sixty (60) days from the date of this Agreement, unless agreed in writing otherwise, they shall list the Real Property for sale with Jodi Diego of Keller Williams of Central PA West for two hundred twenty thousand ($220,000.00) dollars or as otherwise recommended by the Realtor. The parties acknowledge and agree that they have attempted to market the Real Property privately since May 22, 2008 and shall continue to do so. Until the sale and settlement of the Real Property, Husband and Wife shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said Real Property in the same fashion as preceding this agreement (approximately divided equally between Husband and Wife). With regard to all such expenses, each party shall hold the other party harmless and indemnify him or 2 her from any loss thereon. The net proceeds of the sale on the Real Property shall be distributed, after the payment of customary closing costs, as follows: i. $ 5,000.00 to Wife; The expenses of improvements to ready the Real Property for sale (carpet, painting, cleaning, etc.) iii. The entire remaining balance to AmeriChoice F.C.U. in payment on the mortgage; iv. The parties acknowledge that there will be a deficit. Husband agrees to assume the deficit and refinance the obligation in his sole and separate name and hold Wife harmless and indemnify her from any loss thereon. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. AmeriChoice F.C.U. Signature Loan ($ 25,000.00 approximate balance) ii. Prudential Visa FIA Card Services ($14,378.21 approximate balance) iii. Kohl's HSD Card Services ($807.75 approximate balance) iv. Express Card Services ($152.68 approximate balance) 1: Husband shall refinance the AmeriChoice F.C.U. Signature Loan to assume full responsibility and remove any liability by Wife. In addition, Husband will use his best efforts to transfer the Prudential Visa FIA Card Services onto a credit card or other debt instrument in Husband's name alone, removing Wife from all liability and the parties agree that they will make their best efforts to transfer the 2001 Chevrolet Tahoe to Wife and remove Husband from the encumbrance with M&T Bank. 3 2: Wife shall pay the obligations to Kohl's HSD Card Services and Express Card Services by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Each party shall pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 7, 2008, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within thirty (30) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall retain the 2001 Audi A6, together with the encumbrance with AmeriChoice Federal Credit Union. Wife shall retain the 2001 Chevrolet Tahoe currently titled in Husband's name with an 4 encumbrance at M&T Bank. In the alternative, Husband shall, at Wife's request, execute any documents necessary or desirable to transfer the vehicle or the trade-in on Wife's behalf for a substitute vehicle for which she, alone, shall be personally liable. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children, Joshua M. Jamiolkowski (DOB 10-29-02) and Jacob M. Jamiolkowski (DOB 08-11-04) shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. Wife shall have primary physical custody of the children subject to Husband's partial physical custody at the following times: (a) Every other weekend from Friday after work until Sunday at 4 PM; (b) One day each week; (c) Alternating holidays with the holidays being New Year's Day, President's Day, 5 ANN& Easter, Memorial Day, 4'h of July, Labor Day and Thanksgiving Day, commencing at 9 AM; (d) One-half day of each child's birthday; (e) Two nonconsecutive weeks of visitation during the summer; and (f) Other times as agreed upon. In addition, Husband and Wife agree as follows: (a) Physical custody shall be alternated between the parties from 5PM Christmas Eve until noon Christmas Day and noon Christmas Day to 5PM December 26. Wife's custody shall be for even numbered years and Husband's custody shall be for odd numbered years. The parties recognize that Wife's family is located approximately 3.5 hours from the current residence of the Wife and Husband agrees to use his best efforts to accommodate Wife for extended periods of holiday visitation. (b) Husband shall have partial custody on Father's Day. Wife shall have custody on Mother's Day. (c) Husband and Wife agree to share, or alternate to the best of their ability, custody of the children on days when there is no daycare, no school or the children's sick days. (9) CHILD SUPPORT: (A) Husband shall pay to Wife for the use, benefit, support and maintenance of their minor children, the sum of fourteen hundred fifty ($ 1,450.00) dollars per month which payment shall be made in two equal installments due the first (1st) and fifteenth (15th) of each month. Wife shall provide Blue Cross/Blue Shield, major medical or equivalent coverage for the benefit of the minor children so long as Husband is obligated to contribute to their support. This obligation includes Wife's payment of daycare in the amount of two hundred ($200.00) dollars per week. The parties shall share non-covered or extraordinary medical and/or dental expenses 6 proportionate to their respective income as determined by the Domestic Relations Laws governing child support. Husband and Wife acknowledge that Husband's current position provides bonuses, which are calculated on a quarterly basis, with the bonuses averaged and added to Husband's next quarterly salary. Husband's base income may also be reduced as bonuses accrue. Therefore, Husband and Wife agree that Husband's gross income over and above $80,000.00 shall be re-examined to determine child support upon the receipt of bonuses, whether by adjustment to salary or otherwise. Husband shall provide Wife documentation from Husband's employer within fifteen (15) days of the receipt of the bonus. Husband and Wife agree that any adjustment to child support by reason of the receipt of bonuses by Husband shall be retroactive to the effective date of the bonus. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (B) Post Secondary Education. Husband and Wife agree that it is in the best interest of their children that the children secure post secondary education, such as undergraduate studies, trade school or technical school consistent with each child's aptitude, ability and the parent's ability to pay at the time. Husband and Wife shall contribute in proportion to their respective incomes or earning potential to the extent of post secondary education not to exceed 4 years. Post secondary education support shall be payable in accordance with the requirements of the institution and the needs of the child. Post secondary education cost include, but are not limited to room, board, tuition, books, travel, spending money and activity fees. 7 (10) ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) LIFE INSURANCE: Husband agrees to maintain life insurance on his life with Wife designated as beneficiary in the amount of $300,000.00 for so long as Husband has a support obligation, pursuant to this agreement, which shall include a contribution to post secondary education. Husband currently has in effect a policy with Prudential Insurance Company, Policy No. Documentation with regard to the policy and its payment status shall be given to Wife upon reasonable request. In the event Husband desires, he may secure a policy of life insurance on Wife at Husband's expense with Husband named as beneficiary. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife has consulted with Marianne Murphy, Esq. and Husband has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (13) ADDITIONAL INSTRUMENTS: 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 effect to the provisions of this 8 Agreement. (14) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: Husband and Wife agree to join in the filing of a 2008 joint federal and Pennsylvania income tax return. Husband will pay the balance of the tax due on the return. Husband will bear the expense of preparing all joint tax returns and of computing the estimated tax liability of Wife on the basis of her having filed a separate return. In the event of any refund the distribution of it will be determined by amount of refund received in proportion to their respective incomes or as otherwise agreed. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. 9 (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; 10 NEW W B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the 11 Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 12 SHARON M. JAMIOLKOWSKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. e8=e6l*CIVIL TERM BRIAN M. JAMIOLKOWSKI, 08-(0014 Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed October 7, 2008. 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 in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: oZ bo 0 ?? ?7• .o?. ,? Sharon M. Jamiolkowskl PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERG 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: --;I o _ Sharon M. Jamiolkowski w CZ..i SHARON M. JAMIOLKOWSKI, Plaintiff V. BRIAN M. JAMIOLKOWSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6014 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 10, 2008. An Acceptance of Service was filed with the Court on October 13, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 10, 2009 and filed with the Prothonotary on contemporaneously herewith. By Defendant: January 17, 2009 and filed with the Prothonotary on January 21, 2009. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated June 30, 2008, are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 10, 2009 and filed with the Prothonotary on contemporaneously herewith. By Defendant: January 17, 2009 and filed with the Prothonotary on January 21, 2009. SAIDIS, FTLONWR &i LINDSAY nrrotavexs•,vuw 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDSAY Mary ou tas, Esquire-,, Supremet urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff a -i-a rl-3 Sharon M. Jamiolkowski V. Brian M. Jamiolkowski IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2008-6014 DIVORCE DECREE AND NOW, re-L. L b , Z a o , it is ordered and decreed that Sharon M. Jamiolkowski -,plaintiff, and Brian M. Jamiolkowski , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the attached Marital Settlement Agreement, dated June 30, 2008, are incorporated, but not merged, into this Decree in Divorce. By the Court, -f oll? l kF M x BRIAN JAMIOLKOWSKI, IN THE COURT OF COMMON PLEAS C) Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA _ -1 3 V. NO: 2008-6014 CIVIL TERM - ran ?' CIVIL ACTION -LAW 7r, SHARON JAMIOLKOWSKI,: Defendant IN DIVORCE ?7: .,.?, Z_ C"J CD rl AMENDED PROPERTY SETTLEMENT AGREEMENT ? THIS AGPJEEAIFNT made this day of , 2010, BE'T'WEEN BRIAN JAMIOLKOWSKI, of Mechanicsburg, Cumberland County, Pennsylvania„ hereinafter referred to as `Brian", AND SHARON JAMIOLKOWSKI, of Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Sharon." RECITALS: R.1: The parties hereto are prior spouses, having been divorced on, February 20, 2009, docketed to the above docket number; and R.2: The parties entered into a Property Settlement Agreement on June 30, 2008, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; R.3: The parties' Property Settlement Agreement dated June 30, 2008 referred to the payment of debt, taxes, and the parties' obligation for child support. Since the execution of the Agreement, the child support obligation has been referred to the local Domestic Relations Office for collection and enforcement, docketed to PACSES number 413111642. Therefore, the parties hereto desire to settle fully and finally their respective financial and support obligations including all matters between them relating to Wife's claims for past due child support, child support arrears, unpaid taxes, medical bills and the parties' debt due to R.C. Saidis; and R.4: It is the parties' intent that this Amended Property Settlement Agreement only purports to amend those paragraphs and those terns specifically referenced related to collection of marital debt, child support, medical bills, and taxes as that was set forth in the parties' Property Settlement Agreement of June 30, 2008, paragraphs 4, 9, and 14. All other terms of the parties' Property Settlement Agreement of June 30, s? 3s 2008 remain in full force and effect without modification or amendment. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) CHILD SUPPORT: (a) Past due: Pursuant to paragraph 9 of the parties' Property Settlement Agreement, dated June 30, 2008, Brian was directed to make a payment to Sharon in the amount of $1,450 per month for the support of their two minor children. Brian did not make all payments consistently and in full as they were due from the date of execution of the Agreement forward. In full satisfaction of all outstanding payments due to Sharon for child support due under the terms of the Agreement dated June 30, 2008, Brian shall pay Sharon the sum of TWELVE THOUSAND ($12,000.00) AND 00/100 DOLLARS. Payments shall commence on November 15, 2010 at the rate of TWO HUNDRED ($200.00) AND 00/100 DOLLARS per month and shall continue on a monthly basis for 60 months, unless paid in full sooner, through October 15, 2015 at which time the final payment is due. Payments shall be paid to Sharon by direct deposit from Brian's bank account into Sharon's bank account. These payments are not taxable income to Sharon and are not tax deductible to Brian. The payments are considered past due child support. (b) Medical bills: Pursuant to Paragraph 9 of the parties' Agreement dated June 30, 2008, Sharon was obligated to provide medical health insurance for the parties' two minor children for so long as Brian contributed to their support. The Agreement provides that the parties shall share unreimbursed medical expenses proportionate to their income as determined by Domestic Relations laws. Sharon has provided medical health insurance. Sharon has paid unreimbursed expenses from the date of the Agreement dated June 30, 2008 to the date of the parties' Domestic Relations Order, dated June 14, 2010. Sharon has requested contribution from Brian for outstanding unreimbursed medical expenses for the children, incurred between the dates of July 1, 2008 through June 14, 2010. The payment of $12,000 2 referenced herein in paragraph 1 includes payment for child support arrears and medical expenses. Therefore, Sharon waives all right to claim any medical expenses due for the time period between July 1, 2008 and the date of the support Order, June 14, 2010. (2) TAX DEBT: The parties filed a joint tax return for the tax year 2008. The parties received a notice from the IRS of an outstanding obligation due for failure to report income for that year. The total obligation owed was $1500.00. The parties' have satisfied this debt. Sharon waives all right to claim reimbursement for this debt in the future. With the exception of the 2008 tax debt referenced herein, the parties have heretofore filed other joint Federal and State Tax returns. Both parties agree that in the event any other deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (3) MARITAL DEBT: The parties owed additional marital debt evidenced by a Note, not included in the marital settlement agreement of June 30, 2008, payable to R.C. Saidis. Both parties are listed as obligors on this Note. For her consideration for other agreements herein, Brian agrees to assume sole responsibility for the remaining payments due under the Note. Brian shall execute a new Note in his individual name, thereby removing Sharon's name as an obligor. Brian shall indemnify Sharon and hold her harmless from any and all collection activity or liability whatsoever related to this debt. Sharon owes property taxes and homeowners' insurance, pursuant to a rental agreement, executed in favor of R.C. Saidis. For consideration for other agreements herein, collection of the past due taxes 3 a? s? and insurance amounts is waived as to Sharon. (4) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Brian is represented by Marylou Matas, Esquire. Sharon is represented by Maryann Murphy, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. (5) LEGAL FEES: In the review and preparation of this Agreement, each party shall be responsible for payment of her/his own legal fees. (6) ADDITIONAL INSTRUMENTS: 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 effect to the provisions of this Agreement. (7) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (8) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the earnings and income of the other and has made any inquiry he or she desires into the income of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her liabilities, income and 3T expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (9) RIGHTS AND RESPONSIBILYFEES: Brian and Sharon acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (10) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, health insurance, medical expenses, tax debt, debt due to R.C. Saidis and all other claims for financial support, excepting that which may be collected for ongoing support through Domestic Relations for child and medical support. (11) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; s? Z3 (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (12) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (13) INCORPORATION INTO DECREE: The provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into the Decree in Divorce entered on February 20, 2009, and this Agreement shall survive this Decree in Divorce and shall be entirely independent thereof. (14) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be 6 1 available to him or her. (15) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained (16) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. INWITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year fast written above. Date BRIAN J "OOWSKI to SHARON J OLKOWSKI WITNESS: