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HomeMy WebLinkAbout08-7417Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff JAMES ESTIL CORNETT, III Plaintiff V. OLENA VLADIMIROVNA NAROVSKA CORNETT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: Q? - W17 y L? rv? CIVIL ACTION -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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff JAMES ESTIL CORNETT, III Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO: % r • -1y/ 7 V. OLENA VLADIMIROVNA NAROVSKA CORNETT CIVIL ACTION -DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND/OR 3301(d) AND NOW COMES the above-named Plaintiff, James E. Cornett, III, by and through his attorney, Paige Macdonald Matthes, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, Olena Vladimirovna Narovska Cornett, upon the grounds hereinafter more fully set forth: COUNTI DIVORCE 1. Plaintiff is James E. Cornett, III, an adult individual, who currently resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050, and has resided at this address since September 2005. 2. The Defendant is Olena Vladimirovna Narovska Cornett, whose current whereabouts are unknown to Plaintiff. However her legal address is 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. Upon information and belief, Defendant and the children may be temporarily residing with her friend, Luda Druker at her home located at 301 Fried Drive, Dauphin, PA, or at a woman's shelter in Carlisle, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 18, 2004 in Allison Park, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Having been advised of such, Plaintiff has no desire to attend counseling sessions with Defendant. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaintiff is a citizen of the United States of America. 9. The Defendant is a not a citizen of the United States of America. She is a legal permanent resident. 10. The parties to this action separated on or about November 30 and have continued to live separate and apart. 11. Plaintiff avers that there are two children of the parties under the age of 18. 12. The children were not born out of wedlock. 13. During the past five years the children have resided with the following persons and at the following addresses: Persons Address Dates Child/ren Both Parties 9813 Three Degree Road 5/21/05 - 9/2005 Jay Allison Park, PA 15101 Both Parties 542 Lucinda Lane 9/2005 - present Both children Mechanicsburg, PA 17050 14. The father of the children is James E. Cornett, III, who currently resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 15. The relationship of Plaintiff, James E. Cornett, Jr., to the children is that of father. The Plaintiff resided with the subject minor children and the Defendant until November 30, 2008 when Defendant took the children without Plaintiff s knowledge or consent to an undisclosed location. 16. The relationship of Defendant to the children is that of mother. Until November 30, 2008 the Defendant resided with the Plaintiff and the children. 17. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II EQUITABLE DISTRIBUTION 18. Paragraphs 1 through 17 of the Complaint in Divorce are incorporated herein by reference as though set forth in full. 19. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of their marriage, June 18, 2004, through the date of their separation. 20. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debt. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property and marital debts of the parties, pursuant to 3104 and 3502 (a) of the Divorce Code. RESPECTFULLY SUBMITTED, By: sus 1 31'k-'N Paige Macdonald-Matthes, Esquire Attorney No. 66266 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date: December 19, 2008 Attorney for Plaintiff VERIFICATION I, James E. Cornett, III, verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. es E. Cornett, Plaintiff CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that on this 19th day of December, 2008, I served a copy of the foregoing Divorce Complaint upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Grace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 Paige Macdonald-Matthes, Esquire f? w Q"0o? ? fi C W r-? { JAMES ESTIL CORNETT, III Plaintiff V. OLENA VLADIMIROVNA NAROVSKA CORNETT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: O$ -W17 lG?c C ??J2. CIVIL ACTION -DIVORCE WAIVER OF COUNSELING I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a 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 unsworn falsification to authorities. Date: o 0 Jes E. Cornett, III 77 r ' _ L? 1 JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: CIO c LV. OLENA VLADIMIROVNA NAROVSKA : CORNETT : CIVIL ACTION -DIVORCE Defendant AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE Before me, the undersigned authority personally appeared, James E. Cornett, III, who being duly sworn according to law, does depose and say that he is not in the Military or Naval Service and to the best of his knowledge, the Defendant is not currently in the Military or Naval Service. OJMES E. CORNETT, III Sworn and Subscribed to before me this IT'"day of -0ec,--wQb&, 2008. n OTARY P IC My Commission Expires: 61? ? OOZaI Z. NO?IMIIAl. iEAt 1111Mr E 01//EA1f NMN?t MN? sum 1M.OX NN Comy * 48W&b" A, •. M1 by V*Pw 9 VWMO ~ I*IM Yyt% ! im~ Nw SIBS -6 d Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA CORNETT : CIVIL ACTION -DIVORCE Defendant PLAINTIFF'S PETITION FOR EMERGENCY SPECIAL RELIEF RE: SURRENDER OF NON-MARITAL PROPERTY (VEHICLE) AND NOW COMES the above-named Plaintiff, James E. Cornett, III, by and through his counsel, Paige Macdonald Matthes, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., and files his Emergency Petition for Special Relief for Immediate Surrender of Non-Marital Property (Vehicle), upon the grounds hereinafter more fully set forth: Parties/Procedural History Plaintiff/Petitioner is James E. Cornett, III ("Petitioner"), an adult individual, who currently resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, 17050, and has resided at this address since September 2005. 2. The Defendant/Respondent is Olena Vladimirovna Narovska Cornett ("Respondent"), whose current whereabouts are unknown to Plaintiff. However her legal address is 542 Lucinda Lane, Mechanicsburg, Cumberland County, a Pennsylvania 17050. Upon information and belief, Defendant and the parties' children may be temporarily residing with her friend, Luda Druker at her home located at 301 Fried Drive, Dauphin, PA, or at a woman's shelter in Carlisle, Pennsylvania. 3. The Parties were married on June 18, 2004 in Allison Park, Pennsylvania. 4. Prior to the Parties' marriage, the Parties executed a Prenuptial Agreement dated May 14, 2004. A true and correct copy of the Prenuptial Agreement is attached hereto as Exhibit "A." 5. On December 22, 2008, Petitioner filed the above captioned divorce action. Facts Supporting Request for Special Relief 6. Respondent is a relatively new driver, having only possessed a Pennsylvania driver's license since June 2004. Prior to November 30, 2008, Respondent had never ventured beyond the immediate vicinity of the West Shore marital residence. 7. On November 30, 2008, the Respondent abruptly left the marital residence with the Parties' two minor children in the Petitioner's Toyota Sienna Mini Van (hereinafter "Van") and drove the Van first to Gettysburg, PA, then to Carlisle, PA and finally to Dauphin, Dauphin County, PA. 8. Eyewitnesses have also seen Respondent permitting third persons to drive the Van. An eyewitness has also seen a third person, while driving the Van, make an illegal U-Turn in the middle of Hanover Street into oncoming traffic, while the Parties' two children were in the Van. 9. Pursuant to the Prenuptial Agreement, the Van is Petitioner's non-marital a property. 10. The Van is titled solely in Petitioner's name, as evidenced by Exhibit "B" attached hereto. 11. The Van is insured through Petitioner's business, Cornett Hospitality, LLC. 12. Pursuant to the terms of the automobile insurance policy covering the Van, only authorized persons are covered by the policy. 13. As Respondent is no longer residing in the marital residence, Respondent is no longer an authorized driver of the Van, and thus is presently driving an uninsured vehicle with the Parties' two minor children. 14. On Thursday, December 18, 2008, the undersigned counsel wrote to Respondent's pro bono counsel, Grace D'Alo, Esquire, advising her that the Van was only titled in Petitioner's name; that the Van was the Petitioner's non- marital property; that her client was driving an uninsured vehicle; and that her client needed to surrender the Van to Petitioner on Saturday, December 20, 2008. A true and correct copy of the December 18, 2008 letter is attached hereto as Exhibit "C." 15. On Saturday, December 20, 2008, Attorney D'Alo advised the undersigned counsel in a letter faxed on even date that she did not represent the Respondent in matters pertaining to the divorce but would forward the letter to Respondent. A true and correct copy of Attorney D'Alo's letter is attached hereto as Exhibit "D." 16. On Saturday, December 20, 2008, Petitioner arranged for the pickup of the Van in accordance with the terms of the December 18, 2008, letter. Respondent however, failed to deliver the Van as instructed. 17. Respondent's continued unauthorized use of an uninsured vehicle not only unreasonably places the Parties' and their two minor children in harm's way, it also places the Parties' at risk for potentially substantial financial losses. 18. Rule 1920.43(a)(2) of the Pennsylvania Rules of Civil Procedure provides that "at any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court, may upon such terms and condition as it deems just, ... order the seizure or attachment of real or personal property ... " 19. Petitioner (as well as the Parties' two minor children) has been and will continue to be harmed by Respondent's unlawful use of the Van unless and until this Honorable Court grants the relief requested herein. 20. Based on the fact that Respondent failed to appear on Saturday, December 20, 2008 to hand over the Van, Petitioner presumes that Respondent does not concur in this Motion. 21. This divorce matter has not been assigned to a Judge.' 22. Petitioner has had to incur additional counsel fees and costs as a direct and proximate result of Respondent's deliberate and unreasonable actions, to wit: the unlawful operation of the Van and continued refusal to surrender the Van to Petitioner. WHEREFORE, the Plaintiff/Petitioner respectfully requests that this Honorable Court enter an Order in his favor and against Defendant/Respondent, Olena Vladimirovna Narovska Cornett directing the immediate surrender of the Van to Petitioner, and further award Petitioner ' The custody action has been assigned to the Honorable Edgar Bayley. all such other relief as is proper and just, including counsel fees and costs associated with the filing and litigation of this Petition for Special Relief. RESPECTFULLY SUBMITTED, By: Paige Macdonald-Matthes, Esquire Attorney No. 66266 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Date: December 22, 2008 Attorney for Plaintiff/Petitioner VERIFICATION 1, James 1;. t-ornett, III, verify that the statements made in this Petition for Emergency `,,pedal kchcj urc; a wk: ,and (,orrect. I widerstzu)d that false statements herein are made subject To the penalties of lS l'a.C.S.A. §4904 relating to unsworn falsification to authorities. l?fi I,. tornett, Plamtltt i J CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that on this 22°d day of December, 2008, I served a copy of the foregoing Divorce Petition for Emergency Special Relief upon the person(s) indicated below by hand delivery via Process Server, Michael Vishnesky, at the Carlisle Borough Police Department Olena Vladimirovna Narovska Cornett Paige Macdonald-Matthes, Esquire (?D TOYOTA 2020 West Liberty Avenue Pittsburgh, PA 15226 412-344.6072. RQH.RIH DATF: ,c C. JSTOMER NO 5W68 BUYER'S NA%l PAYMENT LAFE: t = A/N IfE & A'hi 11iL.a L t rCt+:. 't' ADDRESS 5fiQ LEI 10A 4.ANt tiFl_i NG PRICE 5 CITY ! STA"iF A COUNT',' CUMBF-RLANil HOME f'H { d; } >? i? +}.I Maus Ph 5, T A) L??twArr(:f e C? r - - A T ,ert1 .1;'•pKf l _j • ---- `--- - -.__....___. . 0-4E.1'A f, MADNtFNANCEI ,r I- NNA (()LOH 1 6AP IN5 )RANi,E ?t r t VI"i. __`)TUZALZiLK S 41:120 rAXAR1F TOTAL, $ aaQY-7Yp_E__5// 110 ._ SNIE r ';PATE TAX' '' NO CY1 COUNTY TAX KE' Nn LEASE TAX ON CASH DOWN - K LUXURY TAk. OC ",V1 -FP _'- ? PTA TAX SALESPERSON ? i3iit i`i•. ,. 3 Et.l}?'- i '. >'avC4 F AMaItN r DOCUME NT FEE y ,• _ .. a L('F!WEh TILE 1FF- STICK°N('>?z? - .)L•'-'. MONEv i)i,N YEAR ???.?;`• MAKE- i---1LL (NOM -f MC}i)E I."'j jC?y7(L? CA-rH ON DFLI' ERV x t, IN PINPNi-F AMO1 iNT H, i, TYPE ia {?Yt_ INSURANCE INFORMATION 007NfETER T R i EN<) cot I S()N cC MPnN'Y HAR 1 } is P AI' of F ro GOOD 7I1 PiuL!L t v?,_ STPFFT :; [ NT NAME a t E H fi} #'MAt{ti :irv raTF zIf> - , STFREF r LAImflklMM AVi Httt *RAV Fh 'La7F LL) {if??I FxP oaTE_ 44 31ilS crr srATr u J- , 1.It St ilf he h11 cap a;'• i C•RMAT,ON Ti e ,. id(?,.• H. c ,t. w I, , AS IS 'JH FHC r. I? l 1 1 ',T': r[-c, :F r, ,M?, •£I? r-f -..- 11,6L'7 V31(J. r ANY r'Fi ,• - ?CSCN E!,fS'7 OR a`,N;l•. U ?? t lr .HAT'UR PUK(ZHASER ??r Fll _ ?, _.. .. _.. _ Y. -._. ACCEPTED BY DEALER OR AUTHORIZED REPRFSENTATiVE F.. PRENUPTIAL AGREEMENT This Agreement is made this ?41,A day of 2004, by and between James Estil Cornett, III, a U.S. Citizen, of 9813 Three Degree Road, Allison Park, Pennsylvania 15101 (hereinafter referred to as "Jim") and Olena Vladimirovna Narovska, a Ukranian citizen, of ul. Ochakoves 26 - 46, Sevastopol, Ukraine 99011 (hereinafter referred to as "Elena") WHEREAS, the parties contemplate entering into a marriage relation with each other within 90 days after Elena's entry into the United States; and a Iv WHEREAS, the parties have discussed, considered and attempted to anticipate differences in culture, country, and customs of the other party and warrant that both parties will exercise best efforts to negotiate to resolve any differences in a non-legal manner, and that this document is a binding agreement to protect the parties failing all efforts to resolve marital discord leading to a separation and divorce; and WHEREAS, the parties by this Agreement wish to fix, limit and determine the interest, rights and claims that have, will or could accrue to each of them in the property or the estate of the other by reason of their marriage to each other and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of any and all interest, right or claim that they otherwise might or could have, under the law, in and to the property or estate of the other, including any rights or obligations for support, alimony or separate maintenance, before and after the other's death; and WHEREAS, the parties hereto have made a complete disclosure, each to the other, of his or her respective financial condition and provide the other party with ample opportunity to obtain any further information regarding the same; and WHEREAS, each party has had the benefit of or voluntarily chosen to forego independent legal advice prior to the execution of this Agreement. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: Jim agrees, acknowledges, understands, covenants and warrants that he has been advised that Elena is the owner of property as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. Jim further agrees, acknowledges, understands, covenants and warrants that he has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "A" hereto. Jim acknowledges and agrees that he is desirous of entering into this Agreement whether or not Exhibit "A" hereto is an 0 IV accurate, all inclusive listing of the property of Elena. !Ipq 2. Elena a?'ees, acknowled es, understands, covenants and warrants that she has ?/ g been advised that Jim is the owner of property as set forth in Exhibit "B" which is attached hereto and incorporated herein by reference. Elena further agrees, acknowledges, understands, covenants and warrants that she has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "B" hereto. Elena acknowledges and agrees that she is desirous of entering into this Agreement whether or not Exhibit "B" hereto is an accurate, all inclusive listing of the property of Jim. 3. Except as otherwise specifically provided herein, each party does hereby waive, relinquish and release any and all right, claim or demand of any kind, nature and description he or she presently has, might acquire or have at any time hereafter in any property whatsoever, or against the estate of the other, by reason of the marriage to each other, specifically including any rights under community property or equitable distribution laws (including any rights to support, 2 alimony, alimony pendent elite, separate maintenance, attorneys' fees, expert witness fees, costs or expenses). 4. In the event of an annulment, separation or divorce between the parties hereto, the parties hereto agree that their sole and exclusive rights as against each other, including rights to maintenance and support, alimony pendent elite, alimony, marital property, equitable distribution, attorneys' fees, expert witness fees, costs and expenses, and any and all other marital rights shall be limited and defined by the terms of this Agreement and that neither party shall have any rights against the other that are not specifically set forth herein. Jim and Elena each agree that, except as otherwise specifically set forth herein, or as set forth in a separate written agreement signed by both parties, there shall be no property settlement or division of r? property between them either by equitable distribution or by any other form of property division. V , Jim and Elena agree that, except as otherwise specifically set forth herein, each shall keep and retain sole ownership, enjoyment, control and power of disposal of all property of any kind and nature whatsoever now owned or hereinafter acquired by such party, including all increases in value thereto, free and clear of any interest, rights and claims of the other (including rights under community property or equitable distribution laws) as if such parties had never been married. 5. Jim hereby confirms, agrees and acknowledges that all property of Elena as listed in Exhibit "A" hereto, and any and all gifts (which shall include gifts from Jim) or inheritances that are in the future received by Elena, together with any increases in value of any of the property listed on Exhibit "A" hereto and of any gifts or inheritances received or to be received by Elena are, shall be and shall remain the sole and separate property of Elena. Jim further agrees that any property acquired in exchange for the property listed on Exhibit "A" or in exchange for any gifts or inheritances received by Elena and any increase in value of such 3 property or business interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Elena, and shall not be subject to any claim or control by Jim. 6. Elena hereby confirms, agrees and acknowledges that all property of Jim as listed in Exhibit "B" hereto, and any and all gifts (which shall include gifts from Helen) or inheritances that are in the future received by Jim, together with any increases in value of any of the property listed on Exhibit "B" hereto and of any gifts or inheritances received or to be received by Jim are, shall be and shall remain the sole and separate property of Jim. Elena further agrees that any property acquired in exchange for the property listed on Exhibit "B" or in exchange for any ?I gifts or inheritances received by Jim and any increase in value of such property or business O 1 Y interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Jim, and shall not be subject to any claim or ?? control by Elena. 7. The following provisions shall apply to property acquired during the period of the marriage by either or both parties: A. Titled Property. (1) General Rule. Except as set forth in subparagraphs A(2) and A(3) below, this provision shall apply to all property that is titled, such as stock, motor vehicles, bank accounts, certificates of deposit, investment accounts, real estate and the like. The ownership of all such titled property for all purposes, including for the purpose of determining whether the property is marital property or the separate property of one or the other of the parties, shall be determined by the name or names in which the property is titled. Thus, if the property is held in the 4 joint names of Jim and Elena, the property shall be deemed for all purposes to be joint marital property and owned equally by both and shall be so divided in the event of sale, separation, commencement of divorce proceedings or a divorce between the parties. If the property is held individually in the name of one of the parties, that party shall be deemed the sole and exclusive owner of the property, and said property and any increase in value of such property or any property acquired in exchange for such property shall be and remain the sole and separate property of the party in whose name it is titled. With respect to such property titled individually in the name of either Jim or Elena, the provisions of Paragraph 5 above shall apply to the extent the property is titled in the name of Elena and l V the provisions of Paragraph 6 shall apply to the extent the property is titled in the name of Jim. B. Non-Titled Property. All non-titled items, including furniture and household goods, shall be deemed joint marital property unless made the subject of a separate written agreement signed by both parties. If the non-titled property is made the subject of a separate written agreement, then the provisions of such separate written agreement shall control as to the rights in and to such property. C. Special Provisions for Business Properties. The following special provisions shall apply with regard to any interest that Jim has in any business entity currently owned by Jim, specifically Cornett Hospitality, LLC, Happy Owl Operations Corp. of Richmond #1, Topeka Steakhouse & Saloon, Inc., Happy Owl Operations Corp. of Pittsburgh #1, Happy Owl of York, Inc., Happy Owl of Chesterfield, L.C. (S-Corp), 5 and P.P. J. C., L.C., or any related business entities or properties. As of the date of this Agreement, Elena further agrees that, in the event of a separation or a divorce proceeding, she shall not have any right to receive any interest whatsoever in said entities. Elena specifically acknowledges that, in the event of a divorce proceedings, she shall not have any right to receive any ownership or security interest in the business. Retirement Benefits. The parties agree that any and all retirement benefits earned prior to marriage shall be the sole and separate property of the party who was and is the employee earning such benefits. This provision shall apply to all company contributions and all individual contributions to said benefit plans. The parties agree that under no circumstances and in no event shall any such benefits earned prior to marriage (or increase in value of such benefits) be the property of the other party of marital property subject to any claims for equitable distribution. Where necessary in order to implement this provision, the other party hereby agrees to sign any and all necessary waivers, consents or other documents required by the employer in order for the party who is the employee to receive the full benefits of this paragraph. 9. Marital Residence. Jim and Elena acknowledge that Jim is building a new home at 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055 for which he has purchased a lot for $160,000 on which to build and signed a construction contract for $525,000. The parties agree that any equity in said residence shall constitute Jim's separate, non-marital property. In the event the house is sold and a new marital residence is purchased with proceeds from the sale of 542 Lucinda Lane, Mechanicsburg, Pennsylvania, all proceeds from 542 Lucinda Lane, Mechanicsburg, Pennsylvania shall be Jim's separate non-marital property. If Jim uses said proceeds to purchase another marital residence, said proceeds invested in the new real estate O'N I 6 shall continue to be Jim's separate, non-marital investment into said residence, even if the new residence is titled in joint names. 10. Condominium. Jim and Elena acknowledge that Jim owns a condominium at 9813 Three Degree Road, Pittsburgh, Pennsylvania 15101 with a fair market value of $170,000 and mortgage lien of $100,000, with equity of $70,000. The parties agree said condo and all equity therein, including the increase in equity during the marriage, shall remain Jim's separate, non-marital property. 11. Equitable Distribution. In the event of an annulment or separation, or in the event of the commencement of divorce proceedings or a divorce between the parties, any and all joint marital property as defined in this Agreement shall be divided equally between the parties hereto. Any property that is herein agreed to be the separate property of Jim or the separate property of Elena under this Agreement shall, in such event, be and remain the separate property of the party entitled to it under this Agreement. 12. Jim and Elena both acknowledge and confirm that the property settlement set forth herein shall be in lieu of any and all other rights of the parties under the laws of the Commonwealth of Pennsylvania or any other state or jurisdiction. 13. The parties hereby acknowledge that they understand that the applicable provisions of Title 23, Domestic Relations, of the Pennsylvania Consolidated Statutes, as amended, impose a presumption that all property acquired during the marriage (including any increase in value of gifts or inheritances received during the marriage or of property owned prior to marriage) is marital property under the statute and that in the event of a divorce such property is considered marital property to be divided equitably by the Court upon request by one of the parties and that other states have similar laws. With such understanding, the parties by this o 7 Agreement, specifically agree to waive the foregoing presumption in favor of the provisions set forth in this Agreement and to waive the right to have a court equitably divide such property. 14. Spousal Support, Alimony Pendente Lite, and Alimony. In the event of a separation, commencement of divorce proceedings or a divorce between the parties, Elena waives any and all right to receive support in the form of spousal support, separate maintenance, alimony pendente lite or alimony under the laws of Pennsylvania or any other jurisdiction. 15. Child Support. In the event children are born of the marriage between Jim and Elena (or adopted), nothing in this Agreement shall in any way affect or impair the child or children's rights to child support in the event of a separation or divorce. Elena shall have all rights that exist under law to obtain child support on behalf of any child or children of the parties provided she is either the primary physical or shared physical custodian of said child or children. 16. Death During Marriage. In the event of the death of one of the parties while the parties are married and living tog ? ether as husband and wife then the entire interest in the joint I? marital property and separate, non-marital property of the deceased spouse as defined by this Agreement shall be and become the sole separate property of the surviving spouse, free of all claims by the estate of the deceased spouse, unless the parties had provided otherwise in a separate written agreement or agreements signed by both parties. As to any and all items of joint marital property that are made the subject of such a separate written agreement or agreements, the provisions of those agreements shall be controlling as to each and every item of jointly owned property. 17. Death During Separation. In the event the parties are separated (other than for health reasons) or a divorce proceeding has been instituted by either party at the time of death, then only the joint marital property shall be divided equally between the parties in accordance 8 with Paragraph 11. The parties' separate, non-marital property as defined by this Agreement shall remain their separate property free and clear of any claim under the 1980 Divorce Code of Pennsylvania, as amended, and the Probate, Estate and Fiduciary Code of Pennsylvania, by the other party or party's estate. 18. Family Heirlooms. Notwithstanding any provisions herein to the contrary, the parties hereto agree that any family heirlooms that either party has received or may be in the future receive from their respective families shall, in the event of the death of either party or in the event of any annulment, separation or divorce of the parties, remain in or be returned to the family providing the heirloom or heirlooms in the first instance. 19. Notice of Separation. In the event either party wishes to separate, he or she shall deliver a letter in writing stating their desire to live separate and apart. In such instance, the parties agree that Elena shall vacate the marital residence within a reasonable period of time, but no longer than six (6) months from issuance or receipt o a letter of separation. 20. In order to effectuate the terms of this Agreement, each of the parties hereto authorizes the other to act as his or her attorney-in-fact in the making, execution and delivery of any and all deeds, conveyances, transfers of any real or personal property, or spouse's consent to waiver of rights under qualified ERISA plans in order that thereby the joinder of such other party, if necessary, may be made freely and without restraint; and each party shall, upon request of the other, join in the making, execution and delivery of any such instruments that are necessary to effectuate the purposes and intentions of the parties under this Agreement. 21. Each party agrees and understands, covenants and warrants that he or she has had full opportunity to consult with counsel and to obtain any and all other information that he or she may desire with regard to his or her rights or potential rights as Jim or Elena. Furthermore, D Ids. 9 Elena has been provided a copy of this Pre-Nuptial Agreement in advance before leaving the Ukraine to allow her to have said document translated into her native language, Ukrainian, so that she has been made fully aware of the terms and conditions of the Pre-Nuptial Agreement before leaving her homeland. Jim has been represented by Lori K. Serratelli, Esquire, of Serratelli, Schiffman, Brown and Calhoon, P.C., 2080 Linglestown Road, Suite 201, Harrisburg, Pennsylvania 17110, and Elena has voluntarily retained advise in Ukraine. Based on this, both parties are desirous of entering into this Agreement. 22. This Agreement shall be effective upon the date of the marriage of the parties. It shall have no effect unless and until the parties are lawfully married. 23. This Agreement shall be binding upon the parties, hereto, their respective heirs, executors, administrators and assigns. 11 24. In the event any portion of this Agreement should be deemed unenforceable in " any court of law, it is the intention of the parties hereto that all remaining portions of the Agreement shall be enforceable as if said portion did not exist. 25. The parties hereto agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. This Agreement may be amended or modified only by a written instrument signed by both parties. 27. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreement, oral or written, of any nature whatsoever, other than those contained herein. 10 _. 28. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, with the intention of being legally bound hereby. WITNESSES: ? - 4? d??? es Estil Cornett, III Olena Vladimirovna Narovska I1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: ocyl ;'- On this day of M6 _,289, before me, a Notary Public, in and for said Commonwealth and County, person 4#y appeared James Estil Cornett, III, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNA TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 24, 2007 Notary P lic My Commission Expires: 3 041n -7 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this I day of 1f e , 2%3, before me, a Notary Public, in and for said Commonwealth and County, perso ly appeared 01ena Volodymyrivna Narovska, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNATWP., DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 24, 2007 Notary P04? My Commission Expires: 3(`( 10 12 EXHIBIT "A" Pre-Marital/Non-Marital Property of Olena Volodymyrivna Narovska ASSETS: Real Estate: Svetlodarsk 14-42 Donetsk District Ukraine Nicrassova Street Yevpatoria, Ukraine Value $50,000.00 $50,000.00 2. All Personal Clothing given as gifts from Jim to Helen $20,000.00 3. Ukrainian Engagement Ring $ 1,000.00 4. American Engagement Ring Hearts on Fire $30,000.00 13 ? a 5. EXHIBIT "B" Pre-Marital/Non-Marital Property of James Estil Cornett, III ASSETS: 1. Real Estate: Value A. Condominium $ 169,000.00 9813 Three Degree Road Allison Park, PA 15101 B. 542 Lucinda Lane (under construction) $ 695,000.00 Mechanicsburg, PA 17055 Land $160,000 Construction Contract $525,000 2. Stock: 172,454.848 shares Cornett Hospitality, LLC $2,814,463.00 Value $16.32/share *** 10,000 shares of Car Pool, LLC T Rowe Price Mutual Funds $ 155,000.00 3. Retirement: SEP-IRA held by Wachovia Financial $ 58,595.00 4. Life Insurance: A. Prudential - cash surrender value $ 12,752.72 B. Zurich Kemper Life $ 0 C. First Colony $ 0 D. TBD $ 0 5. Cash and Money Market Funds $ 35,000.00 6. Vehicle $ 50,000.00 7. Furniture $ 80,000.00 8. Jewelry $ 30,000.00 14 EXHIBIT "B" CONTINUED LIABILITIES: Mortgage against 918 Three Degree Road $100,000 Allison Park, PA 15101 2. Mortgage Bond - Lucinda Lane $295,000 3. Construction Contract Payment Payable 12/20/03 $ 96,250 15 0 0 December 18, 2008 PAIGE MACDONALD-MAITHES (717) 635-2922 VIA FACSIMILE & US FIRST CLASS MAIL Grace E. D'Alo, Esquire MidPenn Legal Services 401 E. Louther Street Suite 103 Carlisle, PA 17013 RE: Cornett v. Cornett OUR FILE NO. 03-298-7 Dear Attorney D'Alo: I am sending you this letter as counsel of record for Olena Cornett. FAX: (717) 635-2952 Enclosed for your review is a copy of the Parties' Prenuptial pmacdonald-matthes@ssbc-Iaw.com Agreement dated May 14, 2004. In accordance with paragraph 19 of the same, please be advised that this letter constitutes written notification to your client of my client's desire to live separate and apart. Although your client has already determined to vacate the marital residence, please be advised that this letter constitutes the written notification required to be provided to your client pursuant to Paragraph 19 of the Prenuptial Agreement to vacate the residence. Finally, as you will note from Exhibit "B" attached'to the Prenuptial Agreement, the vehicles are "Pre-Marital/Non-Marital Property of James Estill Cornett, III." This would include the Toyota Sienna Mini Van ("Van") that your client is currently driving. SUITE 201 As you are aware from the testimony given during the December 12, 2080 LINGLESTOWN ROAD 2008 hearing, the Van is not titled in your client's name. Moreover, the Van is insured through my client's business, Cornett Hospitality, LLC. HARRISBURG, PA 17110-9670 (717) 540-9170 FAX (717) 540-5481 In light of the fact that your client is no longer permitted to drive the Van under the current insurance policy, (she is no longer a resident in my client's house) coupled with recent evidence that we have establishing that your client is allowing unauthorized and uninsured individuals to drive the Van, I am writing to advise you that my client intends to re-take possession of the Van forthwith to eliminate the clear liability problem that your client has created. To that end, please advise your client to have the Van in the Grace E. D'Alo, Esquire MidPerm Legal Services December 18, 2008 parking lot of the Hampden Township Police Department, located on Sporting Hill Road, Mechanicsburg on Saturday, December 20, 2008 at 3:00 PM at which time an authorized agent of my client will re-take possession of the Van. My client will not be present as he will be enjoying his time with his children. While we are hoping that your client will comply with this request without the need for police and/or court intervention, please be advised that if your client fails to have the Van ready for delivery on Saturday, December 20, 2008 as instructed, my client will not hesitate to take prompt legal action against her. I trust that this will not be necessary, however and that you will instruct your client to return the Van on Saturday as instructed. Should you have further questions or concerns, please do not hesitate to contact me." Sincerely, SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. Paige Macdonald-Matthes PMM/aea Enclosure cc: James E. Cornett A v ri 114, ?, MidPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-5288 www.midpenn.org December 20, 2008 Ms. Paige MacDonald Matthes Suite 201 2080 Linglestown Road Harrisburg. PA 171 10-9670 RE: Cornett v. Cornett Docket No. 08-7075 Dear Ms. MacDonald-Matthes: Please be advised that our office is not representing Ms. Cornett with respect to any matters relating to divorce, property, or other matters related to equitable distribution. I will forward the materials you sent me to the attorney she retains for those purposes as soon as I know who that is. I will also forward the materials you sent me to my client. Your unreasonable demands and time ultimatums are very interesting in light of your client's testimony. Have a wonderful and peaceful holiday to whatever extent you can manage it. Sincerely, Grace E. D'Alo Ma? aging Attorney cc: Olena Vladimirovna Narovska Cornett n?i LSC 4'-? {?. , ? . 3 'V.. } ., _ . y b S 'nv JAMES ESTIL CORNETT, III, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. OLENA VLADIMIROVNA NAROVSKA CORNETT, DEFENDANT 08-7417 CIVIL TERM ORDER OF COURT AND NOW, this 2_9? day of December, 2008, a hearing on the within petition for emergency relief shall commence at 11:00 a.m., Monday, February 2, 2009, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By Edgar B. Bayley, J. aige Macdonald-Matthes, Esquire / For James Cornett, III lena Vladimirovna Narovska 1 301 Fried Drive Dauphin, PA 17018 sal `? :i f fr py LO ? l 25 4 SERRATELLI, SCHIFmAN, BROWN & CALHOON, P. C. Paige Macdonald-Matthes, Esquire Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 635-2952 (facsimile) JAMES ESTIL CORNETT, III Plaintiff Attorneys for Plaintiff/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA CORNETT CIVIL ACTION -DIVORCE DEFENDANT'S PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND OTHER SPECIAL RELIEF PURSUANT TO Pa. R.Civ.P. 1920.43 AND NOW, comes Plaintiff, James E. Cornett, III, by and through his counsel, Serratelli, Schiff nan, Brown & Calhoon, P. C, and files his Petition for Exclusive Possession of Residence Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43 and in support thereof avers as follows: Petitioner is James E. Cornett. III, the Plaintiff in the above divorce action, who resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Olena Vladimirovna Narovska Cornett, the Defendant in the divorce action, who is currently residing at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on June 18, 2004 in Allison Park, Pennsylvania. 4. The Parties separated on November 30, 2008 despite the fact that are currently living in the same residence. 5. Petitioner filed the above captioned divorce action on December 22, 2008. Facts Supporting Motion for Exclusive Possession 6. Prior to the Parties' marriage, the Parties executed a Prenuptial Agreement dated May 14, 2004. A true and correct copy of the Prenuptial Agreement is attached hereto as Exhibit "A." 7. Pursuant to Exhibit "B" of the Prenuptial Agreement, the residence located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Lucinda Lane Property") is identified as Petitioner's sole and exclusive non- marital property. 8. On or about November 30, 2008, certain events transpired which necessitated Petitioner's filing of a Petition for Protection from Abuse (hereinafter "PFA') against Respondent on behalf of himself and the Parties' two (2) minor children. 9. On December 3, 2008, the Court issued Petitioner a Temporary Protection from Abuse Order against Respondent on behalf of the Petitioner and the Parties' two minor children. 10. On or about December 9, 2008, Respondent retaliated against Petitioner for filing a PFA Action against her by filing her own PFA Petition against Petitioner. In her Petition, Respondent alleged inter alia that she was so "fearful" of Petitioner that she had to flee the marital residence with the Parties' two minor children and take up residence in a local women's shelter. 11. On or about December 9, 2008, the Court issued a Temporary Protection from Abuse Order against Petitioner. 12. A hearing was held on the two (2) Temporary Protection from Abuse Orders on December 12, 2008. 13. On December 15, 2008, the Court issued an Order dissolving the Temporary Order as it pertained to Respondent and vacating the Temporary Protection Order issued against Petitioner and replacing it with the following Order: [Petitioner] shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Olena Vladimirovna Cornett 14. The Court issued a second Order on December 15, 2008 setting forth a specific period of time for Petitioner to have visitation at the Lucinda Lane residence with the two minor children. 15. On or about December 25, 2008, Respondent determined that she wanted to return to the Lucinda Lane Property and obtained Petitioner's consent to return to the same based on her claims that she wanted to "get back together with Petitioner and start marriage counseling." 16. Despite her stated intentions of "wanting to resume her residence at the Lucinda Lane Property so that she could get back together with Petitioner and start marriage counseling," Respondent has refused to withdraw her PFA action against the Petitioner stating that she wants to leave it in place for "leverage." 17. Since returning to the Lucinda Lane Property on December 25, 2008, Respondent has continued to berate Petitioner and subject him to physical and verbal attacks- some of which have taken place in front of the children. 18. Since returning to the Lucinda Lane Property, Respondent has taken up residence in a guest bedroom and/or a child's bedroom and has repeatedly requested that Petitioner "take a mistress." 19. Since returning to the Lucinda Lane Property, Respondent has repeatedly threatened that she will "call the police" if Petitioner does not do exactly as she says or does not meet Respondent's demands. 20. Since returning to the Lucinda Lane Property, Respondent has carried on a course of conduct whereby she has "trashed" the house. Specifically, Respondent is refusing to clean up after herself and is creating waste within the house. When asked to clean up the mess, Respondent has essentially told Petitioner that it is "his problem" and that if he insists on her cleaning up the mess that "she will call the police based on her PFA." 21. Petitioner has repeatedly requested that Respondent leave the Lucinda Lane Property and has reminded her that he has already provided her with written notice to vacate the same in accordance with the terms of the Prenuptial Agreement through her prior counsel, Attorney Grace D'Alo on December 18, 2008.1 Despite Petitioner's requests, Respondent has failed and otherwise has refused to vacate the marital residence. 22. Respondent has advised Petitioner that she is "bringing in her mother from the Ukraine on January 14, 2009 to live with Petitioner and Respondent at the Lucinda Lane Property" despite the fact that Respondent has been provided with written notice to vacate the premises in accordance with the terms of Paragraph 1 Upon information and belief, and based on statements from Respondent, Respondent is now a pro se litigant. 19 of the Prenuptial Agreement and despite the fact that Petitioner has expressly stated that he does not want Respondent's mother living at the Property. 23. Petitioner has recently discovered that Respondent used his business credit card without his authorization or approval to purchase an airline ticket for her mother to travel to the United States from the Ukraine. 24. Petitioner is being held hostage in his own home by virtue of the fact that Respondent will not leave the same- this despite the fact that she represented to this Court, both in sworn pleadings and via live sworn testimony in Court on December 12, 2008, that she was "afraid of Petitioner." Petitioner would further request that this Honorable Court take judicial notice of the fact that when specifically questioned by the Court on December 12, 2008 whether she intended to return to the "marital" residence and reconcile with Petitioner, Respondent answered in the negative. The Court Should Award Petitioner Exclusive Possession of the Lucinda Lane Prove 25. The averments set forth in paragraphs 1-24 are incorporated by reference as if more fully set forth at length herein. 26. As previously stated herein, the Parties' Prenuptial Agreement clearly and unequivocally defines the Lucinda Lane property as Petitioner's pre-marital/non- marital property. 27. 23 Pa. C.S. §3502(c) provides: (c) Family Home. The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 28. Pursuant to Section 3502(c) of the Divorce Code, the court has the authority to grant Petitioner the right to reside in the marital residence during the pendency of the instant divorce proceedings, to the exclusion of Respondent. 29. Petitioner asks the Court to exercise its equitable powers and direct that Petitioner be awarded exclusive possession of the marital residence and Respondent be enjoined from entering unto the real property. 30. Petitioner asks the Court to enforce the terms and conditions of the Parties' Prenuptial Agreement, a copy of which is attached hereto as Exhibit "A." Facts Supporting Supplemental Request for Special Relief Under Pa. R.Civ. P. 1920.43 31. The averments set forth in paragraphs 1-30 are incorporated by reference as if more fully set forth at length herein. 32. Pa. R. Civ. P. 1920.43 provides that on petition setting forth facts entitling the party to relief, the court may grant other appropriate relief. 33. In light of the fact that Respondent has now forced her way back into the Lucinda Lane Property (despite the fact that she previously provided testimony to the Court that she was fearful for her safety), the Court should immediately vacate the modified Protection From Abuse Order that was issued on December 15, 2008. 34. In light of the fact that Respondent made false sworn statements to the Court for the purposes of securing a PFA Order against Petitioner which resulted in Petitioner having to defend himself against such claim, Petitioner requests that the Court award him his counsel fees and costs associated with the defense of the PFA claims that were brought against him by Respondent. WHEREFORE, Petitioner, James E. Cornett, III, respectfully requests this Honorable Court to enter an Order: A. Immediately vacating the December 15, 2008, PFA Order issued against Petitioner; B. Directing Respondent, Olena Vladimirovna Narovska Cornett to remove herself from the real estate located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania within twenty-four (24) hours of the date of this Order of Court; C. Awarding exclusive possession and use of the Lucinda Lane Property, to Petitioner James E. Cornett, III pursuant to the Parties' Prenuptial Agreement and pursuant to 23 Pa. C.S. §3502(c), thereby enjoining Respondent from entering onto said Property; D. Directing Respondent to pay Petitioner's counsel fees and costs associated with the defense against Respondent's false PFA claims against him in an amount not less than $1,500.00; and E. Further award Petitioner all such other relief as is proper and just. Respectfully submitted, Ve nv.-. 1 % I ,- _-1 -- Paige Macdonald-Matthes, Esquire vv Attorney ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Petitioner Date: January 15, 2009 I verify that the statements made in the foregoing Petition for Exclusive Possession of Residence and Other Spacial Relief 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. Daft: I / 4,es E. Cornett, III CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Petition for Exclusive Possession of Residence and Other Special Relief upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Olena Vladimirovna Narovska Cornett, Pro Se 542 Lucinda Lane Mechanicsburg, Pennsylvania 17050. Date: January 15, 2009 'CCU ? N - ? Paige Macdonald-Matthes, Esquire ?; ? -+n _ ,_ _n r?r? v ?zR _ ? "s,il.y __ -? „? ?? r i'f1 - tV :w3 SERRATELa, SCHwFMAN, BROWN & CALHOON, P. C. Paige Macdonald-Matthes, Esquire Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 635-2952 (facsimile) Attorneys for Plaintiff/Petitioner. - - -- - ------ - ------------------------------- - - ------------------ - ----- - ----------------------- JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA : CORNETT : CIVIL ACTION -DIVORCE PLAINTIFF'S AMENDED' PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND OTHER SPECIAL RELIEF PURSUANT TO Pa. R.Civ.P.1920.43 AND NOW, comes Plaintiff, James E. Cornett, III, by and through his counsel, Serratelli, Schiffman, Brown & Calhoon, P.C., and files his Petition for Exclusive Possession of Residence Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43 and in support thereof avers as follows: Petitioner is James E. Cornett. III, the Plaintiff in the above divorce action, who resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Olena Vladimirovna Narovska Cornett, the Defendant in the divorce action, who is currently residing at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Petitioner and Respondent were married on June 18, 2004 in Allison Park, Pennsylvania. ' This amended filing is necessitated by virtue that the previous filing inadvertently stated "Defendant's" Petition for Exclusive Possession of Residence and Other Special Relief Pursuant to Pa.R.Civ.P. 1920.43. A 4. The Parties separated on November 30, 2008 despite the fact that are currently living in the same residence. 5. Petitioner filed the above captioned divorce action on December 22, 2008. Facts Supporting Motion for Exclusive Possession 6. Prior to the Parties' marriage, the Parties executed a Prenuptial Agreement dated May 14, 2004. A true and correct copy of the Prenuptial Agreement is attached hereto as Exhibit "A." 7. Pursuant to Exhibit "B" of the Prenuptial Agreement, the residence located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Lucinda Lane Property") is identified as Petitioner's sole and exclusive non- marital property. 8. On or about November 30, 2008, certain events transpired which necessitated Petitioner's filing of a Petition for Protection from Abuse (hereinafter "PFA") against Respondent on behalf of himself and the Parties' two (2) minor children. 9. On December 3, 2008, the Court issued Petitioner a Temporary Protection from Abuse Order against Respondent on behalf of the Petitioner and the Parties' two minor children. 10. On or about December 9, 2008, Respondent retaliated against Petitioner for filing a PFA Action against her by filing her own PFA Petition against Petitioner. In her Petition, Respondent alleged inter alia that she was so "fearful" of Petitioner that she had to flee the marital residence with the Parties' two minor children and take up residence in a local women's shelter. J 11. On or about December 9, 2008, the Court issued a Temporary Protection from Abuse Order against Petitioner. 12. A hearing was held on the two (2) Temporary Protection from Abuse Orders on December 12, 2008. 13. On December 15, 2008, the Court issued an Order dissolving the Temporary Order as it pertained to Respondent and vacating the Temporary Protection Order issued against Petitioner and replacing it with the following Order: [Petitioner] shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Olena Vladimirovna Cornett 14. The Court issued a second Order on December 15, 2008 setting forth a specific period of time for Petitioner to have visitation at the Lucinda Lane residence with the two minor children. 15. On or about December 25, 2008, Respondent determined that she wanted to return to the Lucinda Lane Property and obtained Petitioner's consent to return to the same based on her claims that she wanted to "get back together with Petitioner and start marriage counseling." 16. Despite her stated intentions of "wanting to resume her residence at the Lucinda Lane Property so that she could get back together with Petitioner and start marriage counseling," Respondent has refused to withdraw her PFA action against the Petitioner stating that she wants to leave it in place for "leverage." 17. Since returning to the Lucinda Lane Property on December 25, 2008, Respondent has continued to berate Petitioner and subject him to physical and verbal attacks- some of which have taken place in front of the children. 18. Since returning to the Lucinda Lane Property, Respondent has taken up residence in a guest bedroom and/or a child's bedroom and has repeatedly requested that Petitioner "take a mistress." 19. Since returning to the Lucinda Lane Property, Respondent has repeatedly threatened that she will "call the police" if Petitioner does not do exactly as she says or does not meet Respondent's demands. 20. Since returning to the Lucinda Lane Property, Respondent has carried on a course of conduct whereby she has "trashed" the house. Specifically, Respondent is refusing to clean up after herself and is creating waste within the house. When asked to clean up the mess, Respondent has essentially told Petitioner that it is "his problem" and that if he insists on her cleaning up the mess that "she will call the police based on her PFA." 21. Petitioner has repeatedly requested that Respondent leave the Lucinda Lane Property and has reminded her that he has already provided her with written notice to vacate the same in accordance with the terms of the Prenuptial Agreement through her prior counsel, Attorney Grace D'Alo on December 18, 2008.1 Despite Petitioner's requests, Respondent has failed and otherwise has refused to vacate the marital residence. 22. Respondent has advised Petitioner that she is "bringing in her mother from the Ukraine on January 14, 2009 to live with Petitioner and Respondent at the Lucinda Lane Property" despite the fact that Respondent has been provided with written notice to vacate the premises in accordance with the terms of Paragraph ' Upon information and belief, and based on statements from Respondent, Respondent is now a pro se litigant. 19 of the Prenuptial Agreement and despite the fact that Petitioner has expressly stated that he does not want Respondent's mother living at the Property. 23. Petitioner has recently discovered that Respondent used his business credit card without his authorization or approval to purchase an airline ticket for her mother to travel to the United States from the Ukraine. 24. Petitioner is being held hostage in his own home by virtue of the fact that Respondent will not leave the same- this despite the fact that she represented to this Court, both in sworn pleadings and via live sworn testimony in Court on December 12, 2008, that she was "afraid of Petitioner." Petitioner would further request that this Honorable Court take judicial notice of the fact that when specifically questioned by the Court on December 12, 2008 whether she intended to return to the "marital" residence and reconcile with Petitioner, Respondent answered in the negative. The Court Should Award Petitioner Exclusive Possession of the Lucinda Lane Proper 25. The averments set forth in paragraphs 1-24 are incorporated by reference as if more fully set forth at length herein. 26. As previously stated herein, the Parties' Prenuptial Agreement clearly and unequivocally defines the Lucinda Lane property as Petitioner's pre-marital/non- marital property. 27. 23 Pa. C.S. §3502(c) provides: (c) Family Home. The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 28. Pursuant to Section 3502(c) of the Divorce Code, the court has the authority to grant Petitioner the right to reside in the marital residence during the pendency of the instant divorce proceedings, to the exclusion of Respondent. 29. Petitioner asks the Court to exercise its equitable powers and direct that Petitioner be awarded exclusive possession of the marital residence and Respondent be enjoined from entering unto the real property. 30. Petitioner asks the Court to enforce the terms and conditions of the Parties' Prenuptial Agreement, a copy of which is attached hereto as Exhibit "A." Facts Supporting Supplemental Request for Special Relief Under Pa. R.Civ. P. 1920.43 31. The averments set forth in paragraphs 1-30 are incorporated by reference as if more fully set forth at length herein. 32. Pa. R. Civ. P. 1920.43 provides that on petition setting forth facts entitling the party to relief, the court may grant other appropriate relief. 33. In light of the fact that Respondent has now forced her way back into the Lucinda Lane Property (despite the fact that she previously provided testimony to the Court that she was fearful for her safety), the Court should immediately vacate the modified Protection From Abuse Order that was issued on December 15, 2008. 34. In light of the fact that Respondent made false sworn statements to the Court for the purposes of securing a PFA Order against Petitioner which resulted in Petitioner having to defend himself against such claim, Petitioner requests that the Court award him his counsel fees and costs associated with the defense of the PFA claims that were brought against him by Respondent. WHEREFORE, Petitioner, James E. Cornett, III, respectfully requests this Honorable Court to enter an Order: A. Immediately vacating the December 15, 2008, PFA Order issued against Petitioner; B. Directing Respondent, Olena Vladimirovna Narovska Cornett to remove herself from the real estate located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania within twenty-four (24) hours of the date of this Order of Court; C. Awarding exclusive possession and use of the Lucinda Lane Property, to Petitioner James E. Cornett, III pursuant to the Parties' Prenuptial Agreement and pursuant to 23 Pa. C.S. §3502(c), thereby enjoining Respondent from entering onto said Property; D. Directing Respondent to pay Petitioner's counsel fees and costs associated with the defense against Respondent's false PFA claims against him in an amount not less than $1,500.00; and E. Further award Petitioner all such other relief as is proper and just. Re ctfully submitted, aipi Macdonald-Matthes, Esquire Att rney ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Petitioner Date: January 15, 2009 VERIFICATION I verify that the statements made in the foregoing Petition for Exclusive Possession of Residence and Other Special Relief 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: 1 -4Q- es E. Cornett, III CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Petition for Exclusive Possession of Residence and Other Special Relief upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Olena Vladimirovna Narovska Cornett, Pro Se 542 Lucinda Lane Mechanicsburg, Pennsylvania 17050. Date: January 16, 2009 Paige acdonald-Matthes, Esquire PRENUPTIAL AGREEMENT This Agreement is made this , day of , 2004, by and between James Estil Cornett, III, a U.S. Citizen, of 9813 Three Degree Road, Allison Park, Pennsylvania 15101 (hereinafter referred to as "Jim") and Olena Vladimirovna Narovska, a Ukranian citizen, of ul. Ochakoves 26 - 46, Sevastopol, Ukraine 99011 (hereinafter referred to as "Elena"). WHEREAS, the parties contemplate entering into a marriage relation with each other within 90 days after Elena's entry into the United States; and pN WHEREAS, the parties have discussed, considered and attempted to anticipate differences in culture, country, and customs of the other party and warrant that both parties will exercise best efforts to negotiate to resolve any differences in a non-legal manner, and that this document is a binding agreement to protect the parties failing all efforts to resolve marital discord leading to a separation and divorce; and WHEREAS, the parties by this Agreement wish to fix, limit and determine the interest, rights and claims that have, will or could accrue to each of them in the property or the estate of the other by reason of their marriage to each other and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of any and all interest, right or claim that they otherwise might or could have, under the law, in and to the property or estate of the other, including any rights or obligations for support, alimony or separate maintenance, before and after the other's death; and WHEREAS, the parties hereto have made a complete disclosure, each to the other, of his or her respective financial condition and provide the other party with ample opportunity to obtain any further information regarding the same; and WHEREAS, each party has had the benefit of or voluntarily chosen to forego independent legal advice prior to the execution of this Agreement. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Jim agrees, acknowledges, understands, covenants and warrants that he has been advised that Elena is the owner of property as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. Jim further agrees, acknowledges, understands, covenants and warrants that he has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "A" hereto. Jim acknowledges and agrees that he is desirous of entering into this Agreement whether or not Exhibit "A" hereto is an (n I? accurate, all inclusive listing of the property of Elena. V ` 2. Elena agrees, acknowledges, understands, covenants and warrants that she has been advised that Jim is the owner of property as set forth in Exhibit "B" which is attached hereto and incorporated herein by reference. Elena further agrees, acknowledges, understands, covenants and warrants that she has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "B" hereto. Elena acknowledges and agrees that she is desirous of entering into this Agreement whether or not Exhibit "B" hereto is an accurate, all inclusive listing of the property of Jim. Except as otherwise specifically provided herein, each party does hereby waive, relinquish and release any and all right, claim or demand of any kind, nature and description he or she presently has, might acquire or have at any time hereafter in any property whatsoever, or against the estate of the other, by reason of the marriage to each other, specifically including any rights under community property or equitable distribution laws (including any rights to support, 2 alimony, alimony pendent elite, separate maintenance, attorneys' fees, expert witness fees, costs or expenses). 4. In the event of an annulment, separation or divorce between the parties hereto, the parties hereto agree that their sole and exclusive rights as against each other, including rights to maintenance and support, alimony pendent elite, alimony, marital property, equitable distribution, attorneys' fees, expert witness fees, costs and expenses, and any and all other marital rights shall be limited and defined by the terms of this Agreement and that neither party shall have any rights against the other that are not specifically set forth herein. Jim and Elena each agree that, except as otherwise specifically set forth herein, or as set forth in a separate written agreement signed by both parties, there shall be no property settlement or division of property between them either by equitable distribution or by any other form of property division. Jim and Elena agree that, except as otherwise specifically set forth herein, each shall keep and retain sole ownership, enjoyment, control and power of disposal of all property of any kind and nature whatsoever now owned or hereinafter acquired by such party, including all increases in value thereto, free and clear of any interest, rights and claims of the other (including rights under community property or equitable distribution laws) as if such parties had never been married. Jim hereby confirms, agrees and acknowledges that all property of Elena as listed in Exhibit "A" hereto, and any and all gifts (which shall include gifts from Jim) or inheritances that are in the future received by Elena , together with any increases in value of any of the property listed on Exhibit "A" hereto and of any gifts or inheritances received or to be received by Elena are, shall be and shall remain the sole and separate property of Elena. Jim further agrees that any property acquired in exchange for the property listed on Exhibit "A" or in exchange for any gifts or inheritances received by Elena and any increase in value of such D, IJ 3 property or business interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Elena, and shall not be subject to any claim or control by Jim. 6. Elena hereby confirms, agrees and acknowledges that all property of Jim as listed in Exhibit "B" hereto, and any and all gifts (which shall include gifts from Helen) or inheritances that are in the future received by Jim, together with any increases in value of any of the property listed on Exhibit "B" hereto and of any gifts or inheritances received or to be received by Jim are, shall be and shall remain the sole and separate property of Jim. Elena further agrees that any property acquired in exchange for the property listed on Exhibit "B" or in exchange for any gifts or inheritances received by Jim and any increase in value of such property or business interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Jim, and shall not be subject to any claim or control by Elena. 7. The following provisions shall apply to property acquired during the period of the marriage by either or both parties: A. Titled Property. (1) General Rule. Except as set forth in subparagraphs A(2) and A(3) below, this provision shall apply to all property that is titled, such as stock, motor vehicles, bank accounts, certificates of deposit, investment accounts, real estate and the like. The ownership of all such titled property for all purposes, including for the purpose of determining whether the property is marital property or the separate property of one or the other of the parties, shall be determined by the name or names in which the property is titled. Thus, if the property is held in the 4 joint names of Jim and Elena, the property shall be deemed for all purposes to be joint marital property and owned equally by both and shall be so divided in the event of sale, separation, commencement of divorce proceedings or a divorce between the parties. If the property is held individually in the name of one of the parties, that party shall be deemed the sole and exclusive owner of the property, and said property and any increase in value of such property or any property acquired in exchange for such property shall be and remain the sole and separate property of the party in whose name it is titled. With respect to such property titled individually in the name of either Jim or Elena, the provisions of Paragraph 5 above shall apply to the extent the property is titled in the name of Elena and ?v the provisions of Paragraph 6 shall apply to the extent the property is titled in the name of Jim. B. Non-Titled Property. All non-titled items, including furniture and household goods, shall be deemed joint marital property unless made the subject of a separate written agreement signed by both parties. If the non-titled property is made the subject of a separate written agreement, then the provisions of such separate written agreement shall control as to the rights in and to such property. C. Special Provisions for Business Properties. The following special provisions shall apply with regard to any interest that Jim has in any business entity currently owned by Jim, specifically Cornett Hospitality, LLC, Happy Owl Operations Corp. of Richmond #1, Topeka Steakhouse & Saloon, Inc., Happy Owl Operations Corp. of Pittsburgh #1, Happy Owl of York, Inc., Happy Owl of Chesterfield, L.C. (S-Corp), 5 and P.P. J. C., L.C., or any related business entities or properties. As of the date of this Agreement, Elena further agrees that, in the event of a separation or a divorce proceeding, she shall not have any right to receive any interest whatsoever in said entities. Elena specifically acknowledges that, in the event of a divorce proceedings, she shall not have any right to receive any ownership or security interest in the business. Retirement Benefits. The parties agree that any and all retirement benefits earned prior to marriage shall be the sole and separate property of the party who was and is the employee earning such benefits. This provision shall apply to all company contributions and all individual contributions to said benefit plans. The parties agree that under no circumstances and in no event shall any such benefits earned prior to marriage (or increase in value of such benefits) be the property of the other party of marital property subject to any claims for equitable distribution. Where necessary in order to implement this provision, the other party hereby agrees to sign any and all necessary waivers, consents or other documents required by the employer in order for the party who is the employee to receive the full benefits of this paragraph. 9. Marital Residence. Jim and Elena acknowledge that Jim is building a new home at 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055 for which he has purchased a lot for $160,000 on which to build and signed a construction contract for $525,000. The parties agree that any equity in said residence shall constitute Jim's separate, non-marital property. In the event the house is sold and a new marital residence is purchased with proceeds from the sale of 542 Lucinda Lane, Mechanicsburg, Pennsylvania, all proceeds from 542 Lucinda Lane, Mechanicsburg, Pennsylvania shall be Jim's separate non-marital property. If Jim uses said proceeds to purchase another marital residence, said proceeds invested in the new real estate 0, N 6 shall continue to be Jim's separate, non-marital investment into said residence, even if the new residence is titled in joint names. 10. Condominium. Jim and Elena acknowledge that Jim owns a condominium at 9813 Three Degree Road, Pittsburgh, Pennsylvania 15101 with a fair market value of $170,000 and mortgage lien of $100,000, with equity of $70,000. The parties agree said condo and all equity therein, including the increase in equity during the marriage, shall remain Jim's separate, non-marital property. 11. Equitable Distribution. In the event of an annulment or separation, or in the event of the commencement of divorce proceedings or a divorce between the parties, any and all joint marital property as defined in this Agreement shall be divided a uall between the parties hereto. Any property that is herein agreed to be the separate property of Jim or the separate property of Elena under this Agreement shall, in such event, be and remain the separate property of the party entitled to it under this Agreement. 12. Jim and Elena both acknowledge and confirm that the property settlement set forth herein shall be in lieu of any and all other rights of the parties under the laws of the Commonwealth of Pennsylvania or any other state or jurisdiction. 13. The parties hereby acknowledge that they understand that the applicable provisions of Title 23, Domestic Relations, of the Pennsylvania Consolidated Statutes, as amended, impose a presumption that all property acquired during the marriage (including any increase in value of gifts or inheritances received during the marriage or of property owned prior to marriage) is marital property under the statute and that in the event of a divorce such property is considered marital property to be divided equitably by the Court upon request by one of the parties and that other states have similar laws. With such understanding, the parties by this o ? AI, 7 Agreement, specifically agree to waive the foregoing presumption in favor of the provisions set forth in this Agreement and to waive the right to have a court equitably divide such property. 14. Spousal Support,Alimony Pendente Lite and Alimony. In the event of a separation, commencement of divorce proceedings or a divorce between the parties, Elena waives any and all right to receive support in the form of spousal support, separate maintenance, alimony pendente lite or alimony under the laws of Pennsylvania or any other jurisdiction. 15. Child Support. In the event children are born of the marriage between Jim and Elena (or adopted), nothing in this Agreement shall in any way affect or impair the child or children's rights to child support in the event of a separation or divorce. Elena shall have all rights that exist under law to obtain child support on behalf of any child or children of the parties provided she is either the primary physical or shared physical custodian of said child or children. 16. Death During Marriage. In the event of the death of one of the parties while the parties are married and living together as husband and wife, then the entire interest in the joint marital property and separate, non-marital property of the deceased spouse as defined by this Agreement shall be and become the sole separate property of the surviving spouse, free of all claims by the estate of the deceased spouse, unless the parties had provided otherwise in a separate written agreement or agreements signed by both parties. As to any and all items of joint marital property that are made the subject of such a separate written agreement or agreements, the provisions of those agreements shall be controlling as to each and every item of jointly owned property. 17. Death During Separation. In the event the parties are separated (other than for health reasons) or a divorce proceeding has been instituted by either party at the time of death, then only the joint marital property shall be divided equally between the parties in accordance 8 with Paragraph 11. The parties' separate, non-marital property as defined by this Agreement shall remain their separate property free and clear of any claim under the 1980 Divorce Code of Pennsylvania, as amended, and the Probate, Estate and Fiduciary Code of Pennsylvania, by the other party or party's estate. 18. Family Heirlooms. Notwithstanding any provisions herein to the contrary, the parties hereto agree that any family heirlooms that either party has received or may be in the future receive from their respective families shall, in the event of the death of either party or in the event of any annulment, separation or divorce of the parties, remain in or be returned to the family providing the heirloom or heirlooms in the first instance. 19. Notice of Separation. In the event either party wishes to separate, he or she shall deliver a letter in writing stating their desire to live separate and apart. In such instance, the parties agree that Elena shall vacate the marital residence within a reasonable period of time, but no longer than six (6) months from issuance or receipt o a letter of separation. 20. In order to effectuate the terms of this Agreement, each of the parties hereto authorizes the other to act as his or her attorney-in-fact in the making, execution and delivery of any and all deeds, conveyances, transfers of any real or personal property, or spouse's consent to waiver of rights under qualified ERISA plans in order that thereby the joinder of such other party, if necessary, may be made freely and without restraint; and each party shall, upon request of the other, join in the making, execution and delivery of any such instruments that are necessary to effectuate the purposes and intentions of the parties under this Agreement. 21. Each party agrees and understands, covenants and warrants that he or she has had full opportunity to consult with counsel and to obtain any and all other information that he or she may desire with regard to his or her rights or potential rights as Jim or Elena. Furthermore, 9 Elena has been provided a copy of this Pre-Nuptial Agreement in advance before leaving the Ukraine to allow her to have said document translated into her native language, Ukrainian, so that she has been made fully aware of the terms and conditions of the Pre-Nuptial Agreement before leaving her homeland. Jim has been represented by Lori K. Serratelli, Esquire, of Serratelli, Schiffman, Brown and Calhoon, P.C., 2080 Linglestown Road, Suite 201, Harrisburg, Pennsylvania 17110, and Elena has voluntarily retained advise in Ukraine. Based on this, both parties are desirous of entering into this Agreement. 22. This Agreement shall be effective upon the date of the marriage of the parties. It shall have no effect unless and until the parties are lawfully married. 23. This Agreement shall be binding upon the parties, hereto, their respective heirs, executors, administrators and assigns. 24. In the event any portion of this Agreement should be deemed unenforceable in - any court of law, it is the intention of the parties hereto that all remaining portions of the Agreement shall be enforceable as if said portion did not exist. 25. The parties hereto agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. This Agreement may be amended or modified only by a written instrument signed by both parties. 27. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreement, oral or written, of any nature whatsoever, other than those contained herein. 10 28. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, with the intention of being legally bound hereby. WITNESSES: es Estil Cornett, III Ada Olena Vladimirovna Narovska 11 v - COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ?)oy{ i-- On this day of V6 before me, a Notary Public, in and for said Commonwealth and County, person 4#y appeared James Estil Cornett, III, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNA TWP., DAUPHIN COUNTY [my COMMISSION EXPIRES MARCH 24 2007 Notary F lic My Commission Expires:( COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: q fk Q00`I On this I day of 23, before me, a Notary Public, in and for said Commonwealth and County, perso ly appeared Olena Volodymyrivna Narovska, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNA TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 24 2007 a Qt' Notary Pub My Commission Expires: 310110-7 12 J v E?IIBIT "A,? Olena Volodymyrrvua Narovska aritaVNon Marital property of Pre-M ASSETS Real Svetlodarsk 14-42 Donetsk Distract Ukraine V_a1= $50,000.00 Nicrassova Swine yevpatoria, ven as gifts from 1im to Helen 2 pll Personaln ag?ne Ring 3 Ukrainian Eg n Hearts on Fire 4 American Engagement P g $50,000.00 $20,000.00 $1,000.00 $30,000.00 13 A , 4 5. EXHIBIT "B" Pre-Marital/Non-Marital Property of James Estil Cornett, III ASSETS: 1. Real Estate: Value A. Condominium $ 169,000.00 9813 Three Degree Road Allison Park, PA 15101 B. 542 Lucinda Lane (under construction) $ 695,000.00 Mechanicsburg, PA 17055 Land $160,000 Construction Contract $525,000 2. Stock: 172,454.848 shares Cornett Hospitality, LLC $2,814,463.00 Value $16.32/share *** 10,000 shares of Car Pool, LLC T Rowe Price Mutual Funds $ 155,000.00 3. Retirement: SEP-IRA held by Wachovia Financial $ 58,595.00 4. Life Insurance: A. Prudential - cash surrender value $ 12,752.72 B. Zurich Kemper Life $ 0 C. First Colony $ 0 D. TBD $ 0 5. Cash and Money Market Funds $ 35,000.00 6. Vehicle $ 50,000.00 7. Furniture $ 80,000.00 8. Jewelry $ 30,000.00 14 4 A EXHIBIT "B" CONTINUED LIABILITIES: 1. Mortgage against 918 Three Degree Road $100,000 Allison Park, PA 15101 2. Mortgage Bond - Lucinda Lane $295,000 Construction Contract Payment Payable 12/20/03 $ 96,250 15 ?...? ri:i ? ? ? 1 ?;:? C ?, ? ) '-u°.? ` ;; , .. r.?? ? ? -?C SERRATELL], SCHwFMAN, BROWN& CALHOON, P.C. Paige Macdonald-Matthes, Esquire Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 635-2952 (facsimile) JAMES ESTIL CORNETT, III Plaintiff Attorneys for Plaintiff/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA CORNETT CIVIL ACTION -DIVORCE PLAINTIFF'S SECOND AMENDED' PETITION FOR EXCLUSIVE POSSESSION OF RESIDENCE AND OTHER SPECIAL RELIEF PURSUANT TO Pa. R.Civ.P. 1920.43 AND NOW, comes Plaintiff, James E. Cornett, III, by and through his counsel, Serratelli, Schiffman, Brown & Calhoon, P.C., and files his Petition for Exclusive Possession of Residence Pursuant to §3502(c) of the Divorce Code and Pa. R.Civ. P.1920.43 and in support thereof avers as follows: Petitioner is James E. Cornett. III, the Plaintiff in the above divorce action, who resides at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Olena Vladimirovna Narovska Cornett, the Defendant in the divorce action, who is currently residing at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania. ' This amended filing is necessitated by correspondence from the Administrative Coordinator, dated January 20, 2009. Petitioner and Respondent were married on June 18, 2004 in Allison Park, Pennsylvania. 4. The Parties separated on November 30, 2008 despite the fact that are currently living in the same residence. 5. Petitioner filed the above captioned divorce action on December 22, 2008. Facts Supporting Motion for Exclusive Possession 6. Prior to the Parties' marriage, the Parties executed a Prenuptial Agreement dated May 14, 2004. A true and correct copy of the Prenuptial Agreement is attached hereto as Exhibit "A." 7. Pursuant to Exhibit "B" of the Prenuptial Agreement, the residence located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Lucinda Lane Property") is identified as Petitioner's sole and exclusive non- marital property. On or about November 30, 2008, certain events transpired which necessitated Petitioner's filing of a Petition for Protection from Abuse (hereinafter "PFA") against Respondent on behalf of himself and the Parties' two (2) minor children. 9. On December 3, 2008, the Court issued Petitioner a Temporary Protection from Abuse Order against Respondent on behalf of the Petitioner and the Parties' two minor children. 10. On or about December 9, 2008, Respondent retaliated against Petitioner for filing a PFA Action against her by filing her own PFA Petition against Petitioner. In her Petition, Respondent alleged inter alia that she was so "fearful" of Petitioner that she had to flee the marital residence with the Parties' two minor children and take up residence in a local women's shelter. 11. On or about December 9, 2008, the Court issued a Temporary Protection from Abuse Order against Petitioner. 12. A hearing was held on the two (2) Temporary Protection from Abuse Orders on December 12, 2008. 13. On December 15, 2008, the Court issued an Order dissolving the Temporary Order as it pertained to Respondent and vacating the Temporary Protection Order issued against Petitioner and replacing it with the following Order: [Petitioner] shall not abuse, stalk, harass, threaten or attempt to use physical force that would reasonably be expected to cause bodily injury to Olena Vladimirovna Cornett 14. The Court issued a second Order on December 15, 2008 setting forth a specific period of time for Petitioner to have visitation at the Lucinda Lane residence with the two minor children. 15. On or about December 25, 2008, Respondent determined that she wanted to return to the Lucinda Lane Property and obtained Petitioner's consent to return to the same based on her claims that she wanted to "get back together with Petitioner and start marriage counseling." 16. Despite her stated intentions of "wanting to resume her residence at the Lucinda Lane Property so that she could get back together with Petitioner and start marriage counseling," Respondent has refused to withdraw her PFA action against the Petitioner stating that she wants to leave it in place for "leverage." 17. Since returning to the Lucinda Lane Property on December 25, 2008, Respondent has continued to berate Petitioner and subject him to physical and verbal attacks- some of which have taken place in front of the children. 18. Since returning to the Lucinda Lane Property, Respondent has taken up residence in a guest bedroom and/or a child's bedroom and has repeatedly requested that Petitioner "take a mistress." 19. Since returning to the Lucinda Lane Property, Respondent has repeatedly threatened that she will "call the police" if Petitioner does not do exactly as she says or does not meet Respondent's demands. 20. Since returning to the Lucinda Lane Property, Respondent has carried on a course of conduct whereby she has "trashed" the house. Specifically, Respondent is refusing to clean up after herself and is creating waste within the house. When asked to clean up the mess, Respondent has essentially told Petitioner that it is "his problem" and that if he insists on her cleaning up the mess that "she will call the police based on her PFA." 21. Petitioner has repeatedly requested that Respondent leave the Lucinda Lane Property and has reminded her that he has already provided her with written notice to vacate the same in accordance with the terms of the Prenuptial Agreement through her prior counsel, Attorney Grace D'Alo on December 18, 2008.2 Despite Petitioner's requests, Respondent has failed and otherwise has refused to vacate the marital residence. 22. Respondent has advised Petitioner that she is "bringing in her mother from the Ukraine on January 14, 2009 to live with Petitioner and Respondent at the z Upon information and belief, and based on statements from Respondent, Respondent is now a pro se litigant. Lucinda Lane Property" despite the fact that Respondent has been provided with written notice to vacate the premises in accordance with the terms of Paragraph 19 of the Prenuptial Agreement and despite the fact that Petitioner has expressly stated that he does not want Respondent's mother living at the Property. 23. Petitioner has recently discovered that Respondent used his business credit card without his authorization or approval to purchase an airline ticket for her mother to travel to the United States from the Ukraine. 24. Petitioner is being held hostage in his own home by virtue of the fact that Respondent will not leave the same- this despite the fact that she represented to this Court, both in sworn pleadings and via live sworn testimony in Court on December 12, 2008, that she was "afraid of Petitioner." Petitioner would further request that this Honorable Court take judicial notice of the fact that when specifically questioned by the Court on December 12, 2008 whether she intended to return to the "marital" residence and reconcile with Petitioner, Respondent answered in the negative. The Court Should Award Petitioner Exclusive Possession of the Lucinda Lane Property 25. The averments set forth in paragraphs 1-24 are incorporated by reference as if more fully set forth at length herein. 26. As previously stated herein, the Parties' Prenuptial Agreement clearly and unequivocally defines the Lucinda Lane property as Petitioner's pre-marital/non- marital property. 27. 23 Pa. C.S. §3502(c) provides: (c) Family Home. The court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence. 28. Pursuant to Section 3502(c) of the Divorce Code, the court has the authority to grant Petitioner the right to reside in the marital residence during the pendency of the instant divorce proceedings, to the exclusion of Respondent. 29. Petitioner asks the Court to exercise its equitable powers and direct that Petitioner be awarded exclusive possession of the marital residence and Respondent be enjoined from entering unto the real property. 30. Petitioner asks the Court to enforce the terms and conditions of the Parties' Prenuptial Agreement, a copy of which is attached hereto as Exhibit "A." Facts Supporting Supplemental Request for Special Relief Under Pa. R.Civ. P. 1920.43 31. The averments set forth in paragraphs 1-30 are incorporated by reference as if more fully set forth at length herein. 32. Pa. R. Civ. P. 1920.43 provides that on petition setting forth facts entitling the party to relief, the court may grant other appropriate relief. 33. In light of the fact that Respondent has now forced her way back into the Lucinda Lane Property (despite the fact that she previously provided testimony to the Court that she was fearful for her safety), the Court should immediately vacate the modified Protection From Abuse Order that was issued on December 15, 2008. 34. In light of the fact that Respondent made false sworn statements to the Court for the purposes of securing a PFA Order against Petitioner which resulted in Petitioner having to defend himself against such claim, Petitioner requests that the Court award him his counsel fees and costs associated with the defense of the PFA claims that were brought against him by Respondent. 35. In light of the fact that counsel has not entered an appearance on behalf of Respondent, Petitioner presumes that Respondent does not concur in this Motion. 36. This matter has previously been assigned the Honorable Edgar B. Bayley. WHEREFORE, Petitioner, James E. Cornett, III, respectfully requests this Honorable Court to enter an Order: A. Immediately vacating the December 15, 2008, PFA Order issued against Petitioner; B. Directing Respondent, Olena Vladimirovna Narovska Cornett to remove herself from the real estate located at 542 Lucinda Lane, Mechanicsburg, Cumberland County, Pennsylvania within twenty-four (24) hours of the date of this Order of Court; C. Awarding exclusive possession and use of the Lucinda Lane Property, to Petitioner James E. Cornett, III pursuant to the Parties' Prenuptial Agreement and pursuant to 23 Pa. C.S. §3502(c), thereby enjoining Respondent from entering onto said Property; D. Directing Respondent to pay Petitioner's counsel fees and costs associated with the defense against Respondent's false PFA claims against him in an amount not less than $1,500.00; and E. Further award Petitioner all such other relief as is proper and just. Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Petitioner Date: January 21, 2009 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Petitioner in the above captioned matter, certify that I this day served a copy of the foregoing Second Amended Petition for Exclusive Possession of Residence and Other Special Relief upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Olena Vladimirovna Narovska Cornett, Pro Se 542 Lucinda Lane Mechanicsburg, Pennsylvania 17050. Date: January 21, 2009 s- Paige Macdonald-Matthes, Esquire VERIFICATION I verify that the statements made in the foregoing Petition for Exclusive Possession of Residence and Other Special Relief are true and correct. I understand that false statements herein I are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: f es E. Cornett, III PRENUPTIAL AGREEMENT This Agreement is made this i{4A day of , 2004, by and between James Estil Cornett, III, a U.S. Citizen, of 9813 Three Degree Road, Allison Park, Pennsylvania 15101 (hereinafter referred to as "Jim") and Olena Vladimirovna Narovska, a Ukranian citizen, of ul. Ochakoves 26 - 46, Sevastopol, Ukraine 99011 (hereinafter referred to as "Elena"). WHEREAS, the parties contemplate entering into a marriage relation with each other within 90 days after Elena's entry into the United States; and 0. IV WHEREAS, the parties have discussed, considered and attempted to anticipate differences in culture, country, and customs of the other party and warrant that both parties will exercise best efforts to negotiate to resolve any differences in a non-legal manner, and that this document is a binding agreement to protect the parties failing all efforts to resolve marital discord leading to a separation and divorce; and WHEREAS, the parties by this Agreement wish to fix, limit and determine the interest, rights and claims that have, will or could accrue to each of them in the property or the estate of the other by reason of their marriage to each other and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of any and all interest, right or claim that they otherwise might or could have, under the law, in and to the property or estate of the other, including any rights or obligations for support, alimony or separate maintenance, before and after the other's death; and WHEREAS, the parties hereto have made a complete disclosure, each to the other, of his or her respective financial condition and provide the other party with ample opportunity to obtain any further information regarding the same; and WHEREAS, each party has had the benefit of or voluntarily chosen to forego independent legal advice prior to the execution of this Agreement. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: Jim agrees, acknowledges, understands, covenants and warrants that he has been advised that Elena is the owner of property as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference. Jim further agrees, acknowledges, understands, covenants and warrants that he has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "A" hereto. Jim acknowledges and agrees that he is desirous of entering into this Agreement whether or not Exhibit "A" hereto is an accurate, all inclusive listing of the property of Elena. 2. Elena agrees, acknowledges, understands, covenants and warrants that she has been advised that Jim is the owner of property as set forth in Exhibit "B" which is attached hereto and incorporated herein by reference. Elena further agrees, acknowledges, understands, covenants and warrants that she has been provided full opportunity to ask questions or request further explanations with regard to the property set forth in Exhibit "B" hereto. Elena acknowledges and agrees that she is desirous of entering into this Agreement whether or not Exhibit "B" hereto is an accurate, all inclusive listing of the property of Jim. Except as otherwise specifically provided herein, each party does hereby waive, relinquish and release any and all right, claim or demand of any kind, nature and description he or she presently has, might acquire or have at any time hereafter in any property whatsoever, or against the estate of the other, by reason of the marriage to each other, specifically including any rights under community property or equitable distribution laws (including any rights to support, 0- IV, 2 . alimony, alimony pendent elite, separate maintenance, attorneys' fees, expert witness fees, costs or expenses). 4. In the event of an annulment, separation or divorce between the parties hereto, the parties hereto agree that their sole and exclusive rights as against each other, including rights to maintenance and support, alimony pendent elite, alimony, marital property, equitable distribution, attorneys' fees, expert witness fees, costs and expenses, and any and all other marital rights shall be limited and defined by the terms of this Agreement and that neither party shall have any rights against the other that are not specifically set forth herein. Jim and Elena each agree that, except as otherwise specifically set forth herein, or as set forth in a separate written agreement signed by both parties, there shall be no property settlement or division of f? property between them either by equitable distribution or by any other form of property division. V , Jim and Elena agree that, except as otherwise specifically set forth herein, each shall keep and 141 retain sole ownership, enjoyment, control and power of disposal of all property of any kind and nature whatsoever now owned or hereinafter acquired by such party, including all increases in value thereto, free and clear of any interest, rights and claims of the other (including rights under community property or equitable distribution laws) as if such parties had never been married. 5. Jim hereby confirms, agrees and acknowledges that all property of Elena as listed in Exhibit "A" hereto, and any and all gifts (which shall include gifts from Jim) or inheritances that are in the future received by Elena , together with any increases in value of any of the property listed on Exhibit "A" hereto and of any gifts or inheritances received or to be received by Elena are, shall be and shall remain the sole and separate property of Elena. Jim further agrees that any property acquired in exchange for the property listed on Exhibit "A" or in exchange for any gifts or inheritances received by Elena and any increase in value of such 3 property or business interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Elena, and shall not be subject to any claim or control by Jim. 6. Elena hereby confirms, agrees and acknowledges that all property of Jim as listed in Exhibit "B" hereto, and any and all gifts (which shall include gifts from Helen) or inheritances that are in the future received by Jim, together with any increases in value of any of the property listed on Exhibit "B" hereto and of any gifts or inheritances received or to be received by Jim are, shall be and shall remain the sole and separate property of Jim. Elena further agrees that any property acquired in exchange for the property listed on Exhibit "B" or in exchange for any gifts or inheritances received by Jim and any increase in value of such property or business interests, and regardless of any change in the form of ownership of such interests are, shall be and shall remain the sole separate property of Jim, and shall not be subject to any claim or ?? control by Elena. 7. The following provisions shall apply to property acquired during the period of the marriage by either or both parties: A. Titled Property. (1) General Rule. Except as set forth in subparagraphs A(2) and A(3) below, this provision shall apply to all property that is titled, such as stock, motor vehicles, bank accounts, certificates of deposit, investment accounts, real estate and the like. The ownership of all such titled property for all purposes, including for the purpose of determining whether the property is marital property or the separate property of one or the other of the parties, shall be determined by the name or names in which the property is titled. Thus, if the property is held in the 4 I 1 . • joint names of Jim and Elena, the property shall be deemed for all purposes to be joint marital property and owned equally by both and shall be so divided in the event of sale, separation, commencement of divorce proceedings or a divorce between the parties. If the property is held individually in the name of one of the parties, that party shall be deemed the sole and exclusive owner of the property, and said property and any increase in value of such property or any property acquired in exchange for such property shall be and remain the sole and separate property of the party in whose name it is titled. With respect to such property titled individually in the name of either Jim or Elena, the provisions of Paragraph 5 above shall apply to the extent the property is titled in the name of Elena and I v the provisions of Paragraph 6 shall apply to the extent the property is titled in the ' name of Jim. B. Non-Titled Property. All non-titled items, including furniture and household goods, shall be deemed joint marital property unless made the subject of a separate written agreement signed by both parties. If the non-titled property is made the subject of a separate written agreement, then the provisions of such separate written agreement shall control as to the rights in and to such property. C. Special Provisions for Business Properties. The following special provisions shall apply with regard to any interest that Jim has in any business entity currently owned by Jim, specifically Cornett Hospitality, LLC, Happy Owl Operations Corp. of Richmond #l, Topeka Steakhouse & Saloon, Inc., Happy Owl Operations Corp. of Pittsburgh #l, Happy Owl of York, Inc., Happy Owl of Chesterfield, L.C. (S-Corp), 5 1 . . 4 . and P.P. J. C., L.C., or any related business entities or properties. As of the date of this Agreement, Elena further agrees that, in the event of a separation or a divorce proceeding, she shall not have any right to receive any interest whatsoever in said entities. Elena specifically acknowledges that, in the event of a divorce proceedings, she shall not have any right to receive any ownership or security interest in the business. 8. Retirement Benefits. The parties agree that any and all retirement benefits earned prior to marriage shall be the sole and separate property of the party who was and is the employee earning such benefits. This provision shall apply to all company contributions and all individual contributions to said benefit plans. The parties agree that under no circumstances and in no event shall any such benefits earned prior to marriage (or increase in value of such benefits) be the property of the other party of marital property subject to any claims for equitable distribution. Where necessary in order to implement this provision, the other party hereby agrees to sign any and all necessary waivers, consents or other documents required by the employer in order for the party who is the employee to receive the full benefits of this paragraph. 9. Marital Residence. Jim and Elena acknowledge that Jim is building a new home at 542 Lucinda Lane, Mechanicsburg, Pennsylvania 17055 for which he has purchased a lot for $160,000 on which to build and signed a construction contract for $525,000. The parties agree that any equity in said residence shall constitute Jim's separate, non-marital property. In the event the house is sold and a new marital residence is purchased with proceeds from the sale of 542 Lucinda Lane, Mechanicsburg, Pennsylvania, all proceeds from 542 Lucinda Lane, Mechanicsburg, Pennsylvania shall be Jim's separate non-marital property. If Jim uses said proceeds to purchase another marital residence, said proceeds invested in the new real estate 0, N, - 6 I • . J shall continue to be Jim's separate, non-marital investment into said residence, even if the new residence is titled in joint names. 10. Condominium. Jim and Elena acknowledge that Jim owns a condominium at 9813 Three Degree Road, Pittsburgh, Pennsylvania 15101 with a fair market value of $170,000 and mortgage lien of $100,000, with equity of $70,000. The parties agree said condo and all equity therein, including the increase in equity during the marriage, shall remain Jim's separate, non-marital property. 11. Equitable Distribution. In the event of an annulment or separation, or in the event of the commencement of divorce proceedings or a divorce between the parties, any and all joint marital property as defined in this Agreement shall be divided equally between the parties hereto. Any property that is herein agreed to be the separate property of Jim or the separate property of Elena under this Agreement shall, in such event, be and remain the separate property of the party entitled to it under this Agreement. 12. Jim and Elena both acknowledge and confirm that the property settlement set forth herein shall be in lieu of any and all other rights of the parties under the laws of the Commonwealth of Pennsylvania or any other state or jurisdiction. 13. The parties hereby acknowledge that they understand that the applicable provisions of Title 23, Domestic Relations, of the Pennsylvania Consolidated Statutes, as amended, impose a presumption that all property acquired during the marriage (including any increase in value of gifts or inheritances received during the marriage or of property owned prior to marriage) is marital property under the statute and that in the event of a divorce such property is considered marital property to be divided equitably by the Court upon request by one of the parties and that other states have similar laws. With such understanding, the parties by this o? 7 Agreement, specifically agree to waive the foregoing presumption in favor of the provisions set forth in this Agreement and to waive the right to have a court equitably divide such property. 14. Spousal Support, Alimony Pendente Lite, and Alimony. In the event of a separation, commencement of divorce proceedings or a divorce between the parties, Elena waives any and all right to receive support in the form of spousal support, separate maintenance, alimony pendente lite or alimony under the laws of Pennsylvania or any other jurisdiction. 15. Child Support. In the event children are born of the marriage between Jim and Elena (or adopted), nothing in this Agreement shall in any way affect or impair the child or children's rights to child support in the event of a separation or divorce. Elena shall have all rights that exist under law to obtain child support on behalf of any child or children of the parties provided she is either the primary physical or shared physical custodian of said child or children. 16. Death During Marriage. In the event of the death of one of the parties while the parties are married and living together as husband and wife, then the entire interest in the joint marital property and separate, non-marital property of the deceased spouse as defined by this Agreement shall be and become the sole separate property of the surviving spouse, free of all claims by the estate of the deceased spouse, unless the parties had provided otherwise in a separate written agreement or agreements signed by both parties. As to any and all items of joint marital property that are made the subject of such a separate written agreement or agreements, the provisions of those agreements shall be controlling as to each and every item of jointly owned property. 17. Death During Separation. In the event the parties are separated (other than for health reasons) or a divorce proceeding has been instituted by either party at the time of death, then only the joint marital property shall be divided equally between the parties in accordance 8 with Paragraph 11. The parties' separate, non-marital property as defined by this Agreement shall remain their separate property free and clear of any claim under the 1980 Divorce Code of Pennsylvania, as amended, and the Probate, Estate and Fiduciary Code of Pennsylvania, by the other party or party's estate. 18. Family Heirlooms. Notwithstanding any provisions herein to the contrary, the parties hereto agree that any family heirlooms that either party has received or may be in the future receive from their respective families shall, in the event of the death of either party or in the event of any annulment, separation or divorce of the parties, remain in or be returned to the family providing the heirloom or heirlooms in the first instance. 19. Notice of Separation. In the event either party wishes to separate, he or she shall deliver a letter in writing stating their desire to live separate and apart. In such instance, the parties agree that Elena shall vacate the marital residence within a reasonable period of time, but no longer than six (6) months from issuance or receipt o a letter of separation. 20. In order to effectuate the terms of this Agreement, each of the parties hereto authorizes the other to act as his or her attorney-in-fact in the making, execution and delivery of any and all deeds, conveyances, transfers of any real or personal property, or spouse's consent to waiver of rights under qualified ERISA plans in order that thereby the joinder of such other party, if necessary, may be made freely and without restraint; and each party shall, upon request of the other, join in the making, execution and delivery of any such instruments that are necessary to effectuate the purposes and intentions of the parties under this Agreement. 21. Each party agrees and understands, covenants and warrants that he or she has had full opportunity to consult with counsel and to obtain any and all other information that he or she may desire with regard to his or her rights or potential rights as Jim or Elena. Furthermore, 9 . . a Elena has been provided a copy of this Pre-Nuptial Agreement in advance before leaving the Ukraine to allow her to have said document translated into her native language, Ukrainian, so that she has been made fully aware of the terms and conditions of the Pre-Nuptial Agreement before leaving her homeland. Jim has been represented by Lori K. Serratelh, Esquire, of Serratelli, Schiffinan, Brown and Calhoon, P.C., 2080 Linglestown Road, Suite 201, Harrisburg, Pennsylvania 17110, and Elena has voluntarily retained advise in Ukraine. Based on this, both parties are desirous of entering into this Agreement. 22. This Agreement shall be effective upon the date of the marriage of the parties. It shall have no effect unless and until the parties are lawfully married. 23. This Agreement shall be binding upon the parties, hereto, their respective heirs, executors, administrators and assigns. 24. In the event any portion of this Agreement should be deemed unenforceable in any court of law, it is the intention of the parties hereto that all remaining portions of the Agreement shall be enforceable as if said portion did not exist. 25. The parties hereto agree that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 26. This Agreement may be amended or modified only by a written instrument signed by both parties. 27. This Agreement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreement, oral or written, of any nature whatsoever, other than those contained herein. 10 + , s 28. In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and either extra judicial or judicial proceedings are commenced to enforce such duty or obligation, then the party found to be in default shall be liable for all expenses of curing the default, including, but not limited to reasonable attorneys' fees, court costs and expenses. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, with the intention of being legally bound hereby. WITNESSES: es Estil Cornett, III A&a Olena Vladimirovna Narovska 11 . . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: oil ?-- On this day of V\0 ,-2A93, before me, a Notary Public, in and for said Commonwealth and County, person 4#y appeared James Estil Cornett, III, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNATWP., DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 24, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN 6 _ Notary P is My Commission Expires: 3 04 In "? SS: Lr . ?ovl On this I q day of 0 C k _, 26W, before me, a Notary Public, in and for said Commonwealth and County, perso ly appeared 01ena Volodymyrivna Narovska, personally known to me to be the person whose name is subscribed in the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL LISA A. CONWAY, NOTARY PUBLIC SUSQUEHANNATWP., DAUPHIN COUNTY MY COMMISSION EXPIRES MARCH 24 2007 Notary Pub My Commission Expires: 310` I0-7 12 EXHIBIT "A" Pre-MaritaMon-Marital Property of Olena Volodymyrivna Narovska ASSETS: 1. Real Estate: Value Svetlodarsk 14-42 Donetsk District $50,000.00 Ukraine Nicrassova Street Yevpatoria, Ukraine $50,000.00 2. All Personal Clothing given as gifts from Jim to Helen $20,000.00 3. Ukrainian Engagement Ring $ 1,000.00 4. American Engagement Ring Hearts on Fire $30,000.00 13 5. EXHIBIT "B" Pre-Marital/Non-Marital Property of James Estil Cornett, III ASSETS: 1. Real Estate: A. Condominium 9813 Three Degree Road Allison Park, PA 15101 B. 542 Lucinda Lane (under construction) Mechanicsburg, PA 17055 Land $160,000 Construction Contract $525,000 2. Stock: 172,454.848 shares Cornett Hospitality, LLC Value $16.32/share *** 10,000 shares of Car Pool, LLC T Rowe Price Mutual Funds 3. Retirement: SEP-IRA held by Wachovia Financial 4. Life Insurance: A. Prudential - cash surrender value B. Zurich Kemper Life C. First Colony D. TBD 5. Cash and Money Market Funds 6. Vehicle 7. Furniture 8. Jewelry Value $ 169,000.00 $ 695,000.00 $2,814,463.00 $ 155,000.00 $ 58,595.00 $ 12,752.72 $ 0 $ 0 $ 0 $ 35,000.00 $ 50,000.00 $ 80,000.00 $ 30,000.00 14 6 r EXHIBIT "B" CONTINUED LIABILITIES: 1. Mortgage against 918 Three Degree Road $100,000 Allison Park, PA 15101 2. Mortgage Bond - Lucinda Lane $295,000 3. Construction Contract Payment Payable 12/20/03 $ 96,250 15 ?-y i"?i t ? ?,.- .-mot ?. ? JAN ? 3 2009 ------------------------------------------------------------------------------------------------------------------- JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA CORNETT, : CIVIL ACTION -DIVORCE Defendant --------------------------------------------------------------------------------------------- RULE AND NOW, this &&day of January, 2009, upon consideration of the Plaintiff/Petitioner's Petition for Exclusive Possession and Other Special Relief, a Rule to Show Cause is issued upon Defendant/Respondent to show cause, if any she has, why the relief requested therein should not be granted. /9 RULE RETURNABLE on , 2009, in Courtroom No. ?R , at a.m./p.w. in the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. 1tT I J r_`'? c' t?EL_ C•ti d N JAMES ESTIL CORNETT, III, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - DIVORCE OLENA VLADIMIROVNA NAROVSKA CORNETT: Defendant :2008-7417 CIVIL TERM ORDER OF COURT AND NOW, this 2nd day of February, 2009, this matter having been called for a hearing and the Defendant having failed to appear, and on the Petition of Plaintiff, James Estil Cornett, III, for exclusive possession of a 2005 Toyota Sienna mini van owned by James Estil Cornett, III, the motion is granted, the Plaintiff shall have exclusive possession of said van. By he Cou , 1? Edgar B. Bayley, J. Paige Macdonald-Matthes, Esquire STE 201 2080 Linglestown Road Harrisburg, PA 17110-9670 F r the Plaintiff Olena Vladimirovna Nar ovska Cornett 6721 Evelyn Street Harrisburg, PA 17111 Defendant Pro Se pcb (26pt ?E? mtu LL r t E l S ! 7 ?fi= tl.. t'... SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P. C. Paige Macdonald-Matthes, Esquire Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 (717) 635-2952 (facsimile) Attorneys for Plaintiff, James Estil Cornett, III JAMES ESTIL CORNETT, III IN THE COURT O COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA : CORNETT : CIVIL ACTION -D VORCE PROOF OF SERVICE I, Paige Macdonald-Matthes, Esquire, being duly sworn acc rding to law, depose and say that the Divorce Complaint in the above-captioned matter was serve upon the Defendant, Olena Vladimirovna Narovska Cornett, via Attorney Grace D'Alo, as evid nced by the attached correspondence. Respectfully su mitted, Date: February 12, 2009 Sworn and Subscribed to Before me this W 'A day of 2009 NOTAR UBLIC My Commission Expires: O* 1061x01 DL- WAME Op"M EY141NIA ?MN! OUTM town Paige Macdona Attorney ID Nc SERRATELLI, BROWN & CA 2080 Linglesto` Harrisburg, PA (717) 540-9170 Attorneys for PI l-Matthes, Esquire 66266 :,HOON, P.C. n Road, Suite 201 17110 ?a1 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Plaintiff in the above captioned matter, certify that I this day served a copy of the foregoing Proof of Service upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: Olena Vladimirovna Narovska Cornett, Pr? Se 6721 Evelyn Street, Apartment #3 Harrisburg, PA 17111 Date: February 12, 2009 Paige Macdonald-Matthes, Esquire 2 ri 114, ?, MidPenn Legal Services 401 E. Louther Street, Suite 103, Carlisle, PA 17013 717-243-9400 FAX 717-243-8026 Toll-Free 800-822-5288 www.midpenn.org December 20, 2008 Ms. Paige MacDonald Matthes Suite 201 2080 Linglestown Road Harrisburg, PA 171 10-9670 RE: Cornett v. Cornett Docket No. 08-7075 Dear Ms. MacDonald-Matthes: Please be advised that our office is not representing Ms. ( any matters relating to divorce, property, or other matters related I will forward the materials you sent me to the attorney she retair soon as I know who that is. I will also forward the materials you Your unreasonable demands and time ultimatums are very intere client's testimony. Have a wonderful and peaceful holiday to whatever exten Sincerely, GG ce E. D'Alo Malaging Attorney cc: Olena Vladimirovna Narovska Cornett Iornett with respect to to equitable distribution. s for those purposes as &nt me to my client. ting in light of your you can manage it. =1! LSC r-? Tl -n r co :??z' cam , s?~> r ? JAMES ESTIL CORNETT, III, Plaintiff V. OLENA VLADIMIROVNA NAROVSKA: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-7417 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of March, 2009, this matter having come before the Court this date on a petition for exclusive possession of the marital residence, the defendant seeking time to retain counsel, the hearing is continued and will be conducted at 8:45 a.m. on Thursday, April 9, 2009. Pending that hearing, defendant is temporarily excluded from the marital residence at 542 Lucin Pennsylvania. aige MacDonald-Matthes, Esqui For Plaintiff ena Vladimirovna Narovska 672 Evelyn Street, Apt. 3 Harrisburg, PA 17111 Sheriff prs J 6o, CJ'7 -? 4 JAMES ESTIL CORNETT, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. : No. 2008 - 7417 CIVIL TERM OLENA VLADIMIROVNA NAROVSKA CORNETT Defendant MOTION TO RESCHEDULE HEARING Background and Facts 1. A Protection from Abuse order was entered against the Plaintiff in docket number 08-7201 on December 15, 2008. Counsel for Defendant was Melanie Erb. 2. Defendant is not represented on the main Divorce action and appears pro se. 3. Undersigned Counsel had a consultation with Def on April 03, 2009 with regard to Plaintiffs petition. Undersigned Counsel agreed to represent Defendant on the petition on a pro bono basis. 4. During the meeting between undersigned Counsel and the Defendant a miscommunication took place and the hearing date was set at 10:00 am on April 09,2009. 5. On April 06, 2009 undersigned Counsel wrote to Plaintiff's Counsel, Ms. Paige McDonald-Matthes and offered a stipulation to paragraph C of the habendum of Pl's petition. 6. On April 07, 2009 a letter was received back from Plaintiff's Counsel and a settlement could not be reached. 7. On April 08, 2009 undersigned Counsel filed a praecipe for a limited appearance in the Plaintiffs petition. 8. On April 08, 2009 undersigned Counsel wrote to Plaintiff's Counsel again. Plaintiff's Counsel has until date of this motion not responded to this letter. 9. On April 09, 2009, Defendant appeared at the office of the undersigned Counsel at 09:15 am to attend Court at 10:00 am. 10. On April 09, 2009, Defendant and undersigned counsel appeared at Court room no 2 at 10:00 am and was informed by the Crier that the matter was heard at 08:45. 11. Undersigned Counsel did not have knowledge of the correct hearing time on April 09, 2009 at 08:45 am. Relief Requested 12. Undersigned Counsel and Defendant wanted to oppose the petition of the Plaintiff except for paragraph C of the habendum of Plaintiff's petition. 13. Undersigned Counsel and Defendant has good arguments and would like to present evidence, if need be, to the relief requested by the Plaintiff. 14. For the reasons set out above the Defendant and undersigned Counsel respectfully requests an opportunity to be heard before an order is entered. DATE: April OA, 2009 _ ABRAFIA PROZESKY, ESQ PA Id 9 209787 401 E. Louther St, Suite 1.03 Carlisle, PA 17013 Tel: (717) 243-9400 OF THE PR0TM r,-',,'NARY 2009 APP --9 P c : 22 JAMES ESTIL CORNETT, III IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. : No. 2008 - 7417 CIVIL TERM OLENA VLADIMIROVNA NAROVSKA CORNETT Defendant PRAECIPE FOR LIMITED ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant in the above matter limited to representing her regarding Plaintiffs Petition for Exclusive Possession of Residence and Other Special Relief. DATE: April 08, 2009 ABRAfIAM P ESKY, ESQ PA Id # 20 7 401 E. outlier St, Suite 103 Carlisle, PA 17013 Tel: (717) 243-9400 Fl FFJCE OF THE PROTHONOTARY 2005 APR -8 PM 2-- 51 C'OUNTY PEWSYLVANA . JAMES ESTIL CORNETT, I Plaintiff V. OLENA VLADIMIROVNA CORNETT Defendant The Defe the Motion for a DATE: April 09, CI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 2008 - 7417 CIVIL TERM NAROVSKA NOTICE OF WITHDRAWAL it, through her Counsel Abraham Prozesky, Esq, hereby withdraws ;heduled Hearing. ABRA OZESKY, ESQ PA Id # 9787 401 E. (ovuther St. Suite 103 Carlisle, PA 17013 Tel: (717) 243-9400 E U TWc PROTWO OT Y 289 APR -9 PM 3: 12 tp F ?S { JAMES ESTIL CORN PLAINTIFF V. OLENA VLADIMIRO CORNETT, DEFENDANT III, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NAROVSKA : 08-7417 CIVIL TERM ORDER OF COURT AND NOW, this _ exclusion entered on M Cornett, is excluded Pennsylvania.' day of April, 2009, the temporary order of 12, 2009, is replaced with this order. Olena Narovska n the marital residence at 542 Lucinda Lane, Mechanicsburg, B y the 7 Edgar B. Bayley, J. ,)Pv'aige Macdonald-Mattes, Esquire 2080 Linglestown Road Harrisburg, PA 17110 For James Cornett, I I I 674 Prozesky, Esquire V/ - 674 Stover Court Hummelstown, PA 17036 For Olena Vladimirovna Narovska Cornett :sal Incidents that occurred on December 15, 2008, 1 subsequent to the entry of a protection from abuse order 3t 08-7201, form no legal basis for vacating that order. _ J ? ' Y ° J -. xf :: of c JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA } CORNETT : CIVIL ACTION -DIVORCE --------------------------------------------------------------------------------------------------- ter''-----?---- ?' ' Q rn AFFIDAVIT OF CONSENT AND ter' .4 C WAIVER OF NOTICE OF INTENTION TO REQUEST' ENTRY OF A DIVORCE DECREE ' co UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 2008. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. (3) I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. (4) 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. (5) I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. /.- 13- 4010 4y.14? ??5Q DATED J s Estil Cornett, III JAWS TSTIL COMMT, III Plain v_ IN THE 0C)UjtT CF C(1MMONPLYKAS CUMERLAND ODUNTY, PI001SYLVAI4IA = DOCKET Mt 09-7417 OIENTA VLAMMOWA l+ "MSKA = C CRMTT : C PAL ACTIM-DIVOKCH n ti d 4 A EOA IT OF CONSENT Alm WAIVER OF NOTICE OF HWENT11ON TO REQUE ENTRY OF A MORCE 1KCREE UNMR 3301(+0 OF THE DIVORCE CODE Zr co CD _!1 --i i -?c (1) A Cl plaiatinI3ivacee underSemion 3301(c) aftheDivorcee C'.ode wasfiledan I)eaembcr 7.6 ?A0& (2) The ==&We of Raiff and Ddbmdmt is im td onvably bcA = and ninety (9m days save d*oedfmm the date of Sling and savice offim CompUmL (3) I eon, IQ The cwy of a final derst+e of &Yam 7v fumd aod? of &a ism to taquest entry of a divome domm- (4) I uwdmtwodffiat Imay Loseagb concemiog alim=y. avison cfpnVcdy, laaryri's fees or expenses, if I do nat daim dcm beloc. a &vorre is 0rmbed_ (5) I undmstmddut I wA nut be di+vnrczduekl a dive r m I rw re is ea2cedb9lhe Coact mdthat a cWy afthe Der = imil be seat to me immed¢ia dy after it is filed with the hudLmatwy- I verify fiat the sfia ma made in this affidavit am tme and coucciL I mdusland got false stabdnents herein arc made sabjat t01he pmAties of 18 Pa_ C-S Sec 4904 rdaa'mg to uas?v?oea falficafim tomdhcdtics_ DATED ?.t(?CiN ? .Zoo9 C3ma Vladm?icovna NamrAm Comclt F, LED- Tr 1!J:. !1? Tt_;? PCi tI ?;^1?;^y??Y Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 2010 JAN 15 AM 8: 20 Serratelli, Schiffman, Brown and Calhoon, P.C. ?- ` 2080 Linglestown Road cut, w ? _.. uw s f + 1 a?'ha7 ? ,1,q, Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff James Estil Cornett, III JAMES ESTIL CORNETT, III : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff :DOCKET NO: 08-7417 V. OLENA VLADIMIROVNA NAROVSKA CORNETT : CIVIL ACTION -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: 1. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: See Proof of Service filed, February 12, 2009. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 1/13/10. by Defendant 12/22/09. 4. Related claims pending: The parties signed a Marital Settlement Agreement on December 4, 2009, thus no claims are pending. 5. Date plaintiffs Waiver of Notice in 1 3301(c) Divorce was filed with the Prothonotary: l/ 15/10; Date defendant's Waiver of Notice in ' 3301(c) Divorce was filed with the Prothonotary: 1/ i5 /10 . Dated: January 15, 2010 `--sue U W4U,,-0- --A,U?, Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff James Estil Cornett, III IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Olena Vladimirovna Narovska Cornett N O. 2008-7417 DIVORCE DECREE All AND NOW, (3 1 d it is ordered and decreed that James Estil Cornett, III , plaintiff, and Olena Vladimirovna Narovska Cornett bonds of matrimony. defendant, are divorced from the 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.") None. ou , Atte J. J Prothonotary i? a.i • /?% Gam'` ? ?? .?-?.?'? ? ? ??r???d - ???.?>