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HomeMy WebLinkAbout09-0631ANNA MARIE POCHODZAY, Plaintiff V. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. CA- 103 l?iv?l ler*1 CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities, mutual consent or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ANNA MARIE POCHODZAY, Plaintiff V. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O Q - (. 3 / ?l Tc.•?« CIVIL ACTION -LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO DENNIS J. POCHODZAY, DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ANNA MARIE POCHODZAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Oq - 31 77;zm DENNIS J. POCHODZAY, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT COUNT 1- DIVORCE AND NOW comes Plaintiff, Anna Marie Pochodzay, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Anna Marie Pochodzay, is an adult individual who currently resides at 3 East Factory Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Dennis J. Pochodzay, is an adult individual who currently resides at 277 Boyer Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Plaintiff and Defendant were married on April 24, 1982, in Lake County, Ohio. 4. Plaintiff and Defendant separated on or about January 28, 2009. 5. Plaintiff has been a bona fide resident of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken. COUNT 2 - CLAIM FOREQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are herein incorporated by reference. 11. The Plaintiff and Defendant are owners of various items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by the Court. 12. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 13. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 14. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 15. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. COUNT 3 -- ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 are incorporated by reference herein. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 18. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 19. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT 4 - ALIMONY 20. Paragraphs 1 through 19 are incorporated by reference herein. 21. Plaintiff lacks sufficient property to provide for her reasonable needs. 22. Plaintiff is unable to currently sufficiently support herself through appropriate employment. 23. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an alimony award in favor of Plaintiff. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Equitably distributing all marital property owned by the parties hereto; (c) Ordering the payment of Alimony Pendente Lite, costs and expenses to Plaintiff; (d) Ordering the payment of alimony to Plaintiff; and (e) Such further relief as the Court may determine equitable and just. DATE: Z/s/ o 9 Respectfully submitted, 62e S. Baker, uire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 VERIFICATION I, ANNA MARIE POCHODZAY, verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. # w r'n M ?? - " .? F • l" ' ? -1 C D V 7; ? 5 c-n W n• Diane S. Baker, Esquire I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ANNA MARIE POCHODZAY, Plaintiff v. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 031 Ni 1 -G+,i CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Anna Marie Pochodzay, in the above-referenced matter. DATE: I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com o w -n M w car - cl, c5 cn -AJ tv 1 -i ANNA MARIE POCHODZAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-631 DENNIS J. POCHODZAY, CIVIL ACTION -LAW Defendant IN CUSTODY AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Divorce Complaint was served on the Defendant, Dennis J. Pochodzay, by certified mail, restricted delivery, return receipt requested, on February 11, 2009, at last known address of Dennis J. Pochodzay 277 Boyer Road Carlisle, PA 17015 The return receipt card is attached hereto as E 'A" iane S. Baker, Esquire Attorney for Plaintiff I.D. No. 53200 27 S. Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 717-671-9600 EXHIBIT "A" ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailpleos, or on the front N space permits. 1. Is Addressed to: W-C a Sig" t x -LAgen o Addressee eceWed by ( Name C. Date of Deliv rO D. Is del Part' address diftererrt 1? ? Yes If YES, enter delivery address below: ? No 3. ?Ioe TYPe /7Certified Mail ? EXpress Mail ? E3 Registered ? Retum Receipt for Merchandise ?'Insured Mall ? C.O.D. all 4. Restricted Delivery? (Extra Fee) 2' ArtloleNurmarwb 7007 0220 0003 1662 0965 (1Pir>NY?? ? r ? PS Form 3811, Fehuwy 2004 Dornssec Return R.odpt taRals oa4t ,eta rr7 OD co ANNA MARIE POCHODZAY, Plaintiff V. DENNIS J. POCHODZAY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2009-631 : CIVIL ACTION -LAW : IN DIVORCE REQUEST FOR ALIMONY PENDENTE LITE HEARING AND NOW comes the Plaintiff, by and through her attorney, Diane S. Baker, Esquire, and avers as follows: 1. Plaintiff, Anna Marie Pochodzay, is an adult individual who currently resides at 3 East Factory Street, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Dennis J. Pochodzay, is an adult individual who currently resides at 277 Boyer Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. A Complaint in Divorce with a claim for alimony pendente lite was filed on February 6, 2009, and served upon the Defendant on February 11, 2009. Plaintiff requests that the alimony pendent lite claim be forwarded to Office of Domestic Relations and set for hearing on that issue. Respectfully sub e y - lane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com DATE: 2 z3 0 ? CERTIFICATE OF SERVICE I hereby certify that on this ? day of "Ll, , 2009, a true and correct copy of the Request for Hearing was served on the following person by United States Mail, postage prepaid, addressed as follows: Dennis J. Pochodzay 277 Boyer Road Carlisle, PA 17015 Dv Oeffiake}, Esquire preme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ? r?? r ?v -r-? ?_ G?7 , ? ? ? ? ??' ? ? -- "' _+i'?1 +i^? .. rte. -"-a ...... .? ?.'? ?? PC ANNA MARIE POCHODZAY, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-631 CIVIL TERM DENNIS J. POCHODZAY, IN DIVORCE Defendant/Respondent : PACSES NO: 725110715 ORDER OF COURT AND NOW, this 6th day of March 2009, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on March 31, 2009 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1 IC (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Diane S. Baker, Esq. h Howard B. Krug, Esq. Date of Order: March 6, 2009 4-4144?J. S day, PL Coordinator YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Q, rn I - .A Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug@pkh.com ANNA MARIE POCHODZAY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-631 DENNIS J. POCHODZAY, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO: THE PROTHONOTARY PLEASE enter the appearance of Howard B. Krug, Esquire, on behalf of the Defendant Dennis J. Pochodzay in the above-captioned action. PURCELL, KRUG & HfLER DATE: squire #16 719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant CERTIFICATE OF SERVICE I, Kimberly S. DeFalco, Legal Assistant to Howard B. Krug, hereby certify that a true and correct copy of the foregoing document was served upon the Plaintiff, by sending a copy of the same via first class U.S. Mail to: Diane S. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 ?'?.?., ? 7 `fir Kimberly S. D al o, Legal Assistant to Howard B. Krug, squire PURCELL, KRUG & HALLER I.D. No. 16826 DATE:I ?? MM ? r V+ ANNA MARIE POCHODZAY, Plaintiff/Petitioner VS. DENNIS J. POCHODZAY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-631 CIVIL TERM IN DIVORCE Defendant/Respondent : PACSES Case No: 725110715 ORDER OF COURT AND NOW, this 31 st day of March 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,935.52 and the Respondent's monthly net income/earning capacity is $ 7,145.40, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Thousand Sixty-nine and 00/100 Dollars ($ 2,069.00) per month payable semi-monthly as follows: $ 2,069.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 1,034.50 semi-monthly. The effective date of the order is February 24, 2009. Arrears set at $ 0.00 as of March 31, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Anna Marie Pochodzay. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The Respondent is given credit in the amount of $2,409.11 for direct payments to the Petitioner on this date. The Respondent is to make a direct payment of 40% of any and all net bonus(es) to the Petitioner within five (5) days upon receipt of said bonus(es). The Respondent is to include verification of his bonus(es) with his payment to the Petitioner and provide a copy to the Domestic Relations Section. The Petitioner is entitled to utilize up to 40% of the Respondent's annual flex medical savaings plan. The Petitioner waives the mandatory wage withholding order. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: March 31, 2009 to: Petitioner Respondent Diane S. Baker, Esq. Howard B. Krug, Esq. BY THE COURT, C W- Edward E. Guido, J. DRO: R.J. Shadday OF ` F v?r 2009 MAR 31 PH 2: 4 2 ANNA MARIE POCHODZAY, Plaintiff vs. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-631 CIVIL TERM IN DIVORCE : PACSES Case No. 725110715 REQUEST FOR DE NOVO HEARING (APLI DATE OF ORDER: AMOUNT OF ORDER: FOR THE SUPPORT OF: DATE OF APPEAL: March 31, 2009 $2,069 Der month Anna Marie Pochodzay April 20. 2009 REASON FOR APPEAL: 1. The conference officer erred in that Plaintiff did not qualify for APL as a matter of law, based on her needs and income. 2. The conference officer erred in that the Order is excessive, in that the needs of Plaintiff are greatly exceeded by the Order entered. 3. The conference officer erred in that she accepted the income and expenses declared by Plaintiff, which were either non-existent, exaggerated, pertained to other persons not subject to being supported by Defendant, or expenses being paid by others for Plaintiff, including her family and paramour. NAME OF PARTY REQUESTING APPE SIGNATURE OF ATTORNEY FOR DEF ILJ IYU. 10040 ANNA MARIE POCHODZAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-631 CIVIL TERM DENNIS J. POCHODZAY, IN DIVORCE Defendant/Respondent PACSES Case No: 725110715 ORDER OF COURT AND NOW, this 31 st day of March 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ 1,935.52 and the Respondent's monthly net income/earning capacity is $ 7,145.40, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Thousand Sixty-nine and 00/100 Dollars ($ 2,069.00) per month payable semi-monthly as follows: $ 2,069.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $ 1,034.50 semi-monthly. The effective date of the order is February 24, 2009. Arrears set at $ 0.00 as of March 31, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Anna Marie Pochodzay. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 1 The Respondent is given credit in the amount of $2,409.11 for direct payments to the Petitioner on this date. The Respondent is to make a direct payment of 40% of any and all net bonus(es) to the Petitioner within five (5) days upon receipt of said bonus(es). The Respondent is to include verification of his bonus(es) with his payment to the Petitioner and provide a copy to the Domestic Relations Section. The Petitioner is entitled to utilize up to 40% of the Respondent's annual flex medical savaings plan. The Petitioner waives the mandatory wage withholding order. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Mailed copies on: March 31, 2009 to: Petitioner Respondent Diane S. Baker, Esq. Howard B. Krug, Esq. Respondent's Attorney BY THE COURT, W Edward E. Guido, J. DRO: R.J. Shadday s? 2609 APR 20 Pry 2: ! t? ? ? v oafy In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY ) Docket Number 09-631 CIVIL Plaintiff ) VS. ) PACKS Case Number 725110715 DENNIS J. POCHODZAY ) Defendant ) Other State ID Number ORDER OF COURT You, ANNA MARIE POCHODZAY 3 E FACTORY ST APT 2, MECHANICSBURG, PA. 17055-3322-02 are ordered to appear at DOMESTIC RELATIONS HEARING RM plaintiff/defendant of CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a hearing officer of the Domestic Relations Section, on the MAY 21, 2009 at s : 3 OAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 -o+ POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: q --A - 09 1 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. v. POCHODZAY CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERL comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available t( before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. Service Type M Page 2 of 2 AND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Form CM-509 Rev. Worker ID 21302 OF FIND-+:,FF GF.. THE P"-:" "NOTAPY 2009 APR 22 PH 3: 03 uN_.. ; 1w?JiV In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY Plaintiff vs. DENNIS J. POCHODZAY Defendant Docket Number PACSES Case Number ) Other State ID Number ORDER OF COURT You, DENNIS J. POCHODZAY 277 BOYER RD, CARLISLE, PA. 17015-9392-77 are ordered to appear at DOMESTIC RELATIONS HEARING RM 09-631 CIVIL 725110715 plaintiff/defendant of C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 before a hearing officer of the Domestic Relations Section, on the MAY 21, 2009 at s: 3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 POCHODZAY v. POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: -.-l - 6 JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-509 Rev, Service Type M Worker ID 21302 f f` R?k.LJ L: i%a? QF THE F r, • \!OTARY 2OD9 APR 22 Pill 3: 0 2 R ANNA MARIE POCHODZAY, Plaintiff VS. DENNIS J. POCHODZAY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2009-631 CIVIL ACTION Defendant : in Divorce MOTION FOR APPOINTMENT OF MASTER Defendant, Dennis J. Pochodzay, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion state: (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Diane S. Baker, Esquire. 3. The statutory ground(s) for divorce is Irretrievable Breakdown. 4. Delete the inapplicable paragraph(s). The setiom 09 mot eomtested (X ) The action is contested with respect to the following claims: Divorce: Equitable Distribution 5. The action (- ) irtvofves (X) does not involve complex issues of law or fact. 6. The hearing is expected One half (1/2) day . 7. Additional informatio if any, rele nt to motion: , ne at his time Date: G- a-' ko r,`AB.Kfti§-, Es re rney for Defendant, Dennis J. Pochodzay AND NOW, 12009, , Esquire, is appointed master with respect to the following claims: BY THE COURT: Judge Moving Party Dennis I Pochodzay, Defendant Howard B. Krug, Esquire 1719 N. Front Street, Harrisburg, PA 17102 (717) 234-4178 hkrug0r)kh.com Non-Moving Party Anna Marie Pochodzay, Plaintiff Diane S. Baker, Esquire P.O. Box 6443, Harrisburg, PA 17112-0443 (717) 671-9600 r ti? CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, Dennis J. Pochodzay, hereby certify that service of the foregoing MOTION FOR APPOINTMENT OF MASTER was made on the following via regular mail on May la , 2009: Diane S. Baker, Esquire P.O. Box 6443 Harrisburg, PA 17112-0443 Attorney for Plaintiff ,4 . Angela . Shaffer FILE I OF Tl-' R ANNA MARIE POCHODZAY, Plaintiff VS. DENNIS J. POCHODZAY, Defendant MAY 13 20094 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 2009-631 CIVIL ACTION in Divorce MOTION FOR APPOINTMENT OF MASTER Defendant, Dennis J. Pochodzay, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony { ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion state: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action by her attorney, Diane S. Baker, Esquire. 3. The statutory ground(s) for divorce is Irretrievable Breakdown. 4. Delete the inapplicable paragraph(s). (X) The action is contested with respect to the following claims: Divorce, Equitable Distribution 5. The action {-j involves (X) does not involve complex issues of law or fact. 6. The hearing is expected One half (1/2) day . 7. Additional informatio if any, rele nt toAQemotion: ne at _his time Date:- 12-M39 B. Kftq, Esquire for Defendant, Dennis J. Pochodzay AND NOW, 2009, Esquire, is appointed master with res ect to the following claims: 124 BY T COURT: 5 M11 dge Moving Party Non-Moving Party Dennis J. Pochodzay, Defendant Anna Marie Pochodzay, Plaintiff Howard B. Krug, Esquire Diane S. Baker, Esquire 1719 N. Front Street, Harrisburg, PA 17102 P.O. Box 6443, Harrisburg, PA 17112-0443 (717) 234-4178 (717) 671-9600 hkrug(aapkh.com Ca C ; cr) r - t CJ c° C.? M 0 ANNA MARIE POCHODZAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-631 DENNIS J. POCHODZAY, Defendant : CIVIL ACTION - IN DIVORCE INVENTORY OF DENNIS J. POCHODZAY Defendant, Dennis J. Pochodzay, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant, Dennis J. Pochodzay, verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dennis J. Poch zay, efendant ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. X 1. Real Property X 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit X 5. Checking accounts, cash X 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries 10. Annuities 11. Gifts 12. Inheritances 13. Patents, Copyrights, inventions, royalties 14. Personal property outside the home 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, worker's compensation claim/award X 17. Profit Sharing plans X 18. Pension Plans (indicate employee contribution and date plan vests) X 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. Benefits 23. Education benefits X 24. Debts due, including loans, mortgages held X 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Property Names of Number All Owners 1. 277 Boyer Road, Carlisle, PA Joint 19. T. Rowe Price Traditional IRA Wife Acct. No. 1580004501-4 - TRRJX 19. T. Rowe Price Roth IRA Wife 19. Vanguard - AIG 401(k) Wife 19. Vanguard Rollover IRA Husband Acct. # 88020856421 19. Vanguard Funds (taxable) Husband Acct. # 88010536418 19. Vanguard Roth IRA Husband Acct. # 88013111568 19. Computer Aid, Inc. 401 k Husband 19. The Fairholme Fund (taxable) Husband 18. EDS Defined Benefit Pension Plan Husband 5. PSECU checking account - (deduct post sep. contrib.) Husband 5. EDS Credit Union checking account Joint 6. HSBC Savings account Husband 6. PSECU savings account -(deduct post sep. contrib.) Husband 6. EDS Savings account Joint 5 & 6. Commerce Bank Wife 2. 2006 Cadillac CTS Husband MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: 2. 2003 Chrysler PT Cruiser (wife's possession) 2. 1999 Chevrolet Van Astro 2. 1999 Chevrolet Prizm 2. 2003 Yamaha V-Star Classic 1100 2. 1982 Honda GL500 2. 1998 Bombardier Sea Doo SPX PWC Qetski) 2. 1994 Honda CR125 2. 1990 Load Rite PWC Trailer 25. Longaberger Basket collection 25. Personal Property Wife Husband Husband Husband Husband Husband Husband Husband Wife Joint NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Number of Propertv Reason for Exclusion The Fairholme Fund PSECU checking account Post-separation contributions Post-separation contributions & outstanding checks PSECU savings account Post-separation contributions PROPERTY TRANSFERRED Item Description Date of Consid- Person to whom Number of Property Transfer eration transferred Item Number 24. 24. 24. 24. Description of Debt/Loan Home Equity Line of Credit 2008 Income Taxes Credit Card Electric Bill (January 2009) LIABILITY Names of All Creditors Sovereign Bank Internal Revenue Service Discover First Energy Names of All Debtors Joint Joint Husband Joint CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, Dennis J. Pochodzay, hereby certify that service of the foregoing INVENTORY was made on the following via first class, regular mail on May la . 2009: Diane S. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Attorney for Plaintiff .? )-k4- )l . ? Ang S. Shaffer - r, FILED ? QJ V r1i ;, l 14 . n Y ? r ? ir3 l ' f? t •. ANNA MARIE POCHODZAY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 2009-631 DENNIS J. POCHODZAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE INCOME & EXPENSE STATEMENT OF DENNIS J. POCHODZAY I, DENNIS J. POCHODZAY, verify that the statements made in this Income & Expense Statement 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. n 1-g /? DATE NNIS J. P,0CHODZAY, Defendant INCOME Employer: Computer Aid, Inc. Address: 1390 Ridgeview Drive, Allentown, PA 18104 Type of Work: Information Technology Payroll Number: 6199 Semi-Monthly Pay Period (wkly;bi-wkly; mnthly): Gross Pay per Pay Period $5,338.54 Itemized Payroll Deductions ($1,090.29) Federal Withholding ($399.17) FICA (medicare/social sec.) Local Wage Tax ($83.49) State Income Tax ($160.19) Unemployment Comp. Tax ($3.20) Local S. Tax ($2.16) Health Insurance - Family ($50.00) Vision insurance ($7.76) Dental insurance ($29.48) Med FSA (non-reimbursable) ($33.33) Net Pay per Pay Period: $3,479.47 OTHER INCOME Week Month Year Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers' Compensation Employer Fringe Benefits TOTAL MONTHLY INCOME $6,958.94 A6 HOME Home Equity Line of Credit $136.00 Maintenance $100.00 Lawn Care $146.00 Homeowner's Association Dues UTILITIES Electric $186.00 Gas Oil Telephone $20.00 Cell Phone Water Sewer Cable TV $85.00 Internet $40.00 Trash/Recycling $26.00 TAXES Real Estate $231.00 Federal Inc. Taxes (2008 -joint) $266.00 INSURANCE Homeowner's $58.00 Motorcycle $26.67 Automobile $147.00 Supplemental Life (w/beneficiary) $3.50 Accident/Disability (w/beneficiary) $18.16 AUTOMOBILE Lease or Loan payments Fuel $196.00 Repairs $242.00 Memberships (AAA) $12.00 MEDICAL Medical Insurance Doctor $22.00 * Dentist $25.00 * Hospital Medication $18.00 * Counseling/Therapy Orthodontist Special Needs (sleep apnea equip.) $36.00 EDUCATION Tuition/Student Loans Tutoring Lessons Other PERSONAL 0 . Debt Service Groceries Clothing Haircare Memberships MISCELLANEOUS Child Care Household Help Summer Camp Papers/Books/Magazines Entertainment Pet Expenses (2 dogs Wife left) Vacations Gifts Legal Fees/Professional Fees Charitable Contributions Children's Parties Children's Allowances Other Child Support APL payments (current) TOTAL MONTHLY EXPENSES $325.00 $170.00 $25.00 $12.00 $10.00 $850.00 $313.00 $367.00 $128.00 $1,000.00 $20.00 $2,069.00 $7,329.33 $0.00 $0.00 0 , ,a. CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, Dennis J. Pochodzay, hereby certify that service of the foregoing INCOME & EXPENSE STATEMENT was made on the following via first class, regular mail on May 1,9, .2009: Diane S. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Attorney for Plaintiff Li','2' ?- 21A Angel S. Shaffer s:.1? PL; ..s . In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY ) Docket Number 09-631 CIVIL Plaintiff ) vs. ) PACSES Case Number 725110715 DENNIS J. POCHODZAY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, DENNIS J. POCHODZAY 277 BOYER RD, CARLISLE, PA. 17015-9392-77 are ordered to appear at DOMESTIC RELATIONS HEARING RM of C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 1ST DAY OF JULY, 2009 the prior hearing date of MAY 21, 2 0 0 9 at 8 : 3 0AM for a hearing. This date replaces You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 POCHODZAY V. POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: G-- ( ? JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 2 4 0 - 6 2 2 5 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. 1 Service Type m Worker ID 21302 .., OF T H I'G...`'?' ?TF RY 2009 MAY 19 PM 3: 03 E V%k In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY ) Docket Number 09-631 CIVIL Plaintiff ) VS. ) PACSES Case Number 725110715 DENNIS J. POCHODZAY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, ANNA MARIE POCHODZAY 3 E FACTORY ST APT 2, MECHANICSBURG, PA. 17055-3322-02 are ordered to appear at DOMESTIC RELATIONS HEARING RM of C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 1ST DAY OF JULY, 2009 at 8: 3 OAM for a hearing. This date replaces the prior hearing date of MAY 21, 2 0 0 9 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 POCHODZAY V. POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: f?--f ?-09 i JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 213 02 A . A LE!"I"- OF TKE 2004 MAY 19 PI 3: 03 C! r?' ti In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY ) Docket Number 09-631 CIVIL Plaintiff ) VS. ) PACSES Case Number 725110715 DENNIS J. POCHODZAY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING YOU, ANNA MARIE POCHODZAY 3 E FACTORY ST APT 2, MECHANICSBURG, PA. 17055-3322-02 are ordered to appear at DOMESTIC RELATIONS HEARING RM of CIO HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 on the 31ST DAY OF AUGUST, 2009 at a : 3 OAM for a hearing. This date replaces the prior hearing date of JULY 1, 2 0 0 9 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Form CM-514 Rev. 1 Service Type M Worker ID 21302 POCHODZAY V. POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Date of Order: 6 - )? - b 1 < ; ?I X-r JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBER comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available to before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. LAND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 . All arrangements must be before the court. You must attend the Page 2 of 2 Form CM-514 Rev. Service Type M Worker ID 21302 FUD-Of Fa Y OF 1W P?OT{' AR 2009 JUN 29 PH 3: 24 UNTY PENNIS' IVANIA In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANNA M. POCHODZAY ) Docket Number 09-631 CIVIL Plaintiff ) vs. ) PACSES Case Number 725110715 DENNIS J. POCHODZAY ) Defendant ) Other State ID Number ORDER OF COURT - RESCHEDULE A HEARING You, DENNIS J. POCHODZAY of 277 BOYER RD, CARLISLE, PA. 17015-9392-77 are ordered to appear at DOMESTIC RELATIONS HEARING RM C/O HEARING ROOM, DOMESTIC RELATIONS OFFICE, 13 NORTH HANOVER STREET, CARLISLE, PA. 17013 On the 31ST DAY OF AUGUST, 2009 at 8:30AM for a hearing. This date replaces the prior hearing date of JULY 1, 2 0 0 9 You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-514 Rev. 1 Worker ID 21302 POCHODZAY V. POCHODZAY PACSES Case Number: 725110715 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall enter an order establishing paternity. THE APPROPRIATE COURT OFFICER MAY ENTER AN ORDER AGAINST EITHER PARTY BASED UPON THE EVIDENCE PRESENTED WITHOUT REGARD TO WHICH PARTY INITIATED THE SUPPORT ACTION. BY THE COURT: Opt Date of Order: YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. JUDGE CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (73.7) 240-6225 . All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Service Type M Page 2 of 2 Form CM-514 Rev. Worker ID 21302 FLED-OFFICE OF 7Hc PROTi- NOTARY 2009 JUN 29 PM 3= 24 VLtAttBE'__ 'IJ C,r??JNTY PENNYLYNNIA ANNA MARIE POCHODZAY, Plaintiff, VS. DENNIS J. POCHODZAY, Defendant, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.09-631 CIVIL ACTION -LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF ANNA MARIE POCHODZAY Plaintiff files the following Income and Expense Statement and verifies that the statements made herein are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ANNA MARIE POCH INCOME: Employer: Avenue (United Retail Incorporated) Type of Work:Retail- clothing store manager Monthly gross income- $2,429.67 Monthly net income: $1,935.52- (Domestic Relations determination, 3/31/09) (See attached bi-weekly paystub) Other income: Spousal support/alimony pendente lite: $2,069.00 per month, subject to taxes EXPENSES: Monthly Home Rent 795 Utilities Electric 75 Gas (heat) 80 Cell phone 100 Water 30 Cable TV 105 Internet 46 Renter's insurance 15 Automobile Payment 350 Fuel 150 Insurance 85 Repairs, inspections, fees, 100 Medical Insurance 100 Dentist 25 Medicine 50 Glasses 25 Personal Clothing 250 Food 500 Miscellaneous household and 100 Personal supplies Barber/hairdresser 35 Memberships 35 Papers/books/magazines 25 Entertainment 300 Vacation 200 Gifts 150 Legal fees 300 Credit card payments 400 on marital debt Yearly TOTAL MONTHLY EXPENSES 4,426 r CERTIFICATE OF SERVICE I hereby certify that on this 29th day of June, 2009, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 And E. Robert Elicker, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17103 Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 FILE? -CIF'F'CE 2 0 G 9 JUr,l v0 11 1: k 8 Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ANNA MARIE POCHODZAY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, ]PENNSYLVANIA VS. DENNIS J. POCHODZAY, Defendant, : NO.09-631 : CIVIL ACTION -LAW : IN DIVORCE INVENTORY OF PLAINTIFF ANNA MARIE POCHODZAY Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to author' ANNA MARIE POCH DZ Y ASSETS OF PARTIES Plaintiff identifies on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) (X) (X) (X) (X) (X) N (X) (X) 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options 4. Certificates of deposit 5. Checking accounts, cash 6. Savings accounts, money market and savings certificates 7. Contents of safe deposit boxes 8. Trusts 9. Life insurance policies 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Business 16. Employment termination benefits-severance pay, worker's compensation claim/award 17. Profit sharing plans 18. Pension plans 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims 22. MilitaryN.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty 26. Other MARITAL PROPERTY Plaintiff/Wife lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Property/Value if known Number 1. Marital Residence 277 Boyer Road Mechanicsburg, PA Value: $295,000- agreed upon by the parties per Husband's appraisal dated 4/22/09 Subject to Home Equity Line of Credit - Sovereign Bank see item 2a 2a. 2006 Cadillac CTS Value: 13,150 (agreed upon by the parties per Kelley Blue Book) Debt: HELOC through sovereign bank was used for the purchase of this vehicle Vehicle is in Husband's possession 2b. 2003 Chrysler PT Cruiser Value: $5,075 (agreed upon by the parties per Kelley Blue Book) Debt: none Vehicle is in Wife's possession 2c. 1999 Chevrolet Astro Van Value: $575 (agreed upon by the parties per Kelley Blue ]Book) Debt: none Vehicle is in Husband's possession 2d. 1999 Chevrolet Prizm Value: $825 (agreed upon by the parties per Kelley Blue Book) Debt: none Vehicle is in Husband's possession 2e. 2003 Yamaha V-Star Classic 1100 Value: $3,405 (agreed upon by the parties per Kelley Blue Book) Debt: none Motorcycle is in Husband's possession 2f. 1982 Honda GL500 Value: $995 (agreed upon by the parties per Kelley Blue Book) Debt: none Motorcycle is in Husband's possession 2g. 1998 Sea Doo SPX PWC Value: $1,455 (agreed upon by the parties per Kelley Blue Book) Debt: none Jet Ski is in Husband's possession 2h. 1994 Honda CR125 Value: $785 (agreed upon by the parties per Kelley Blue Book) Debt: none Motorcycle is in Husband's possession 2i. 1990 Load Rite PWC trailer Value: $200 (agreed upon by the parties) Debt: none Trailer is in Husband's possession 3a. Fairholme Investment Account Acct # xxx6814 Titled to Husband Value: $5,193.76 (3/31/09) 3b. Vanguard Investment Account Acct# xxx6418 Titled to Husband Value: $3,997.39 (12/31/08) 5a. EDS Credit Union Checking account #xxx007 Joint account Value: 2024.42 (1/26/09) 5b. PSECU checking account #8665xxxx Titled to Husband value: $1500 (1/31/09) 5c. EDS Money Fund#xxxxx007 Titled to Husband Value: $1410.15 (1/31/09) 5d. Commerce Bank checking account Account number xxx2844 Titled to Wife Value: $358.98 (1/18/09) 6a. PSECU Savings #8665xxxxx Titled to Husband Value: $5.00 (1/31/09) 6b. HSBC Direct Savings account #971xxxxxx Titled to Husband Value: $214.49 (1/17/09) 6c. EDS savings #xxxx007 Titled to Husband Value: $1005.23 (1/31/09) 18a. EDS Pension Defined Benefit plan Titled to Husband Value: TBD 19a. Computer Aid 401 k (Merrill Lynch) Titled to Husband Value: $45,359.33 (1/1/09) 19b. Vanguard Roll-over IRA Acct #xxx6421 Titled to Husband Value: $82,646.41 (12/31/08) 19c. Vanguard Roth IRA Acct # xxx1568 Titled to Husband Value: $13,230.52 (12/31/08) 19d. T.Rowe Price Roth IRA Acct #xxx515-5 Titled to Wife Value: TBD 19e. T.Rowe Price Trad. IRA Acct #xxx4501-4 Titled to Wife Value: TBD 19f. Vanguard 401(k) Titled to Wife Value: TBD 25. Household furnishings Appraised value: pending 26. 2008 Joint Federal tax refund in the amount of $3,346.46 Proceeds were received by Husband post-separation NON-MARITAL PROPERTY Post-separation 401(k) retirement contributions Husband 2. Post Separation bank accounts Husband Post Separation bank accounts Wife PROPERTY TRANSFERRED Misc camera equipment sold by Husband post-separation LIABILITIES CREDITOR DESRIPTION DEBTOR(S) 1. Chase credit card Husband 2. CitiDriver's Edge credit card 3. Discover credit card Wife Husband 4. Sovereign HELOC Joint Used to purchased Cadillac in Husband's possession 5. Avenue credit card Wife DEBT $42.50 (1/8/09) $1877.54 (1/13/09) $984.19 (1/16/09) TBD TBD 6. Kohl's credit card Wife TBD CERTIFICATE OF SERVICE I hereby certify that on this 2 Q day of June, 2009, a true and correct copy of the foregoing document was served on the following persons by United States Mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 And E. Robert Elicker, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17103 Supreme Court ID #53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 FIE. -OrFI ,E OF THE M ' 20,39 J ± N '20 FI ? E - it ANNA MARIE POCHODZAY, Plaintiff V. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-631 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT AND NOW comes the Plaintiff, Anna Marie Pochodzay, by and through her attorney, Diane S. Baker, Esquire, and files this Pre-Trial Statement pursuant to Rule 1920.33 as follows: 1. Wife's Inventory and Appraisement was filed contemporaneously with this Pre-Trial Statement and sets forth all known marital and non-marital assets and liabilities and their valuation, if known. 2. Wife anticipates that expert testimony will be required to determine the value of the personal property and Husband's Retirement Plan with EDS. 3. Witnesses: a. Wife will testify on her own behalf as to all issues before the Court; b. Husband as on cross. 4. Wife anticipates the following exhibits: a. Bank statements and investment account statements for all account values not agreed upon by Stipulation. b. Retirement and 401(k) Account Statements for Husband's retirement assets, unless agreed upon by Stipulation. 2008 joint federal tax refund evidencing the refund check received by Husband, unless agreed upon by Stipulation. d. Credit card statements as of the date of separation for the following accounts: City Driver's Ed, Avenue Credit Card and Kohl's Credit Card. Plaintiff reserves the right to supplement this list of exhibits and will provide the information to Defendant prior to trial. Copies of all anticipated exhibits are in the possession of the Defendant and/or have been previously provided to counsel. 5. Wife's Income and Expense Statement was filed contemporaneously with this Pre-Trial Statement and sets forth her current income. 6. Wife's Income and Expense Statement was filed contemporaneously with this Pre-Trial Statement and sets forth her expenses. 7. Defendant, Husband, was employed during the marriage by EDS and as a result is the title owner of a defined benefit pension, the value of which is unknown. Husband is also the title owner of a rollover IRA through Vanguard valued at approximately $82,000.00 and a 401(k) through his current employer, Computer Aide. It is believed that the value of this account is approximately $50,000.00. Wife is the title owner of a 401(k) through Vanguard valued at approximately $5,000.00. Also, both parties are the title owners of several traditional and Roth IRA's which are more fully identified on Wife's Inventory. 8. Plaintiff, Wife, has incurred counsel fees at the rate of $200.00 per hour. A copy of itemized billing statements will be provided opposing counsel before trial. 9. The personal property and household possessions have remained primarily in the possession of Husband as he retained the marital residence post separation. An appraisal of all items of personal property is in the process of completion. 10. The marital debts are identified on Plaintiff's Inventory. 11. The parties to this action were married on April 24, 1982, and separated on January 28, 2009, when Wife moved from the marital residence. There were three children born of the marriage. The children are all now adults. During the marriage Wife served primarily as the homemaker and caretaker for the family. Towards the end of the marriage when the children were older, Wife worked several part-time jobs, most recently with Avenue, a retail-clothing store. At or about the time of separation of the parties, she sought full-time employment through the same employer and was promoted to a retail store managerial position. Her current salary is $28,900.00. She has no retirement through her employer. Husband was the primary breadwinner throughout the marriage. He was employed by EDS as a systems engineer from the time of the marriage until approximately 2002, when he became employed with Computer Aide, his current employer. Husband's annual earnings are approximately $150,000.00 per year, along with a 401(k) retirement plan. The marital assets consists primarily of Husband's various retirement accounts, including a pension and rollover 401(k) from EDS and a 401(k) through Computer Aide. Wife has no retirement assets of any significance. The parties are also the title owners of the marital residence located at 277 Boyer Road in Carlisle. The agreed upon value of the property is $295,000.00. There is no debt on the property, except for a home equity line of credit in the amount of approximately $12,000.00, which was used to purchase Husband's 2006 Cadillac. It is believed that Husband wishes to retain the marital residence. Wife is currently receiving Alimony Pendente Lite in the amount of $2,069.00 per month. It is submitted that Wife's Income and Expense Statement setting forth her expenses provides ample documentation of her need for continuing alimony at the current rate. During the course of the marriage, both parties enjoyed a very comfortable lifestyle. Husband's earnings were sufficient to provide them with a 3,000 square foot home on a large lot, along with an assortment of late-model vehicles and sporting and boating equipment. They also accumulated savings for a comfortable retirement. In contrast, Wife is now living in a small apartment and is struggling to make ends meet. She has accrued credit card debt post-separation in an attempt to meet her basic needs prior to the implementation of the Alimony Pendente Lite award. Other than the cash and retirement assets that Wife will receive as her share of equitable distribution, the likelihood of Wife accumulating any additional assets is very minimal. Likewise she will be dependent upon her share of the marital retirement assets to provide for her support during retirement years while Husband will continue to accrue retirement assets for the remainder of his working years. It is suggested that in light of the significant difference in earning capacity and Wife's contribution to the family home as caretaker, a 60/40 distribution of assets in Wife's favor would be appropriate. In addition, it is suggested that Wife is entitled to alimony at the current Alimony Pendente Lite rate until such time as she is able, if possible, to increase her earnings or she is able to access the retirement assets. Respectfully mane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 BakerLawOffice@aol.com DATE: 6 101 CERTIFICATE OF SERVICE I hereby certify that on this'-2/1 day of June, 2009, a true and correct copy of the aforementioned document was served on the following person by United States Mail, postage prepaid, addressed as follows: Howard B. Krug, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 and E. Robert Elicker, Esquire Cumberland County Divorce Master 9 N. Hanover Street Carlisle, PA 17013 Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 FILED-OFHCE OF THE" 20219 .gull 30 P;l 1. 4,) -- ANNA MARIE POCHODZAY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2009-631 DENNIS J. POCHODZAY, Defendant :CIVIL ACTION - IN DIVORCE AMENDED MOTION AND NOW, comes Dennis J. Pochodzay, Defendant, by and through his attorneys, Purcell, Krug & Haller, and files the following Amended Motion: 10. No judge has been previously involved, and opposing counsel concurs. WHEREFORE, Movant requests this Honorable Court issue an Order directing Verizon Wireless to comply with the Subpoena already issued and served upon it. PURCELL, KRUG & HALLER Date: ~~ ~~ - ~ ~ Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant _. ._ CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Defendant, Dennis J. Pochodzay, hereby certify that service of the foregoing Amended Motion was made on the following via first class, regular mail on July 23. 2009: Diane S. Baker, Esquire 27 South Arlene Street Harrisburg, PA 17112-0443 Attorney for Plaintiff ~. 'v Angel .Shaffer ~rir za~~ ~~~ z~ ~~ ~~ o~ Gt1P~~~~..~, ~Ui~I~~'l _. PC1 ~~VJ~~vr~~Vi%+. ANNA M. POCHODZAY, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :DOMESTIC RELATIONS SECTION DENNIS J. POCHODZAY, PACSES NO. 725110715 Defendant :DOCKET NO. 09-631 CIVIL ORDER OF COURT AND NOW, this 31st day of August, 2009, this matter having been scheduled for a hearing de novo before the Support Master on the Plaintiffs claim for alimony pendente lite, and the Defendant having withdrawn his request for said hearing, upon recommendation of the Master it is ordered and decreed that the interim order entered March 31, 2009 is affirmed as a final order. By the Cou Edw~c . ~ ~do;~J. Cc: Anna M. Pochodzay Dennis J. Pochodzay Diane S. Baker, Esquire For the Plaintiff Howard B. Krug, Esquire For the Defendant DRO ~ILEL~-;;;=r;~:E yr 7f ~~ ~cl~, ~,~..; ;^~;~Ry Z~09 S~ ~ - I ~'oti 2~ 2 ~ ~~ ~~'~`~~ ~ ~ u ~ iY ::f ~ .t i ~t~o; Q'Uh ~~ A~N't q~:3a ~t,_ __,. Howard B. Krug, Esquire ID #16826 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 hkrug~pkh.com ANNA MARIE POCHODZAY, Plaintiff v. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009-631 CIVIL ACTION -LAW IN DIVORCE MOTION FOR ENTRY OF A QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes Movant, Dennis J. Pochodzay, by and through his counsel, Purcell, Krug & Haller, and avers the following: 1. Movant is Dennis J. Pochodzay, Defendant in the above captioned divorce action. 2. Respondent is Anna Marie Gyure (f/k/a Anna Marie Pochodzay), Plaintiff in the above captioned divorce action. 3. Pursuant to an agreement reached between the parties and entered of record before the Divorce Master on February 26, 2010, Ms. Gyure is to receive a portion of Movant's EDS Pension plan. 4. The parties have agreed to the terms of a Qualified Domestic Relations Order distributing this asset, as evidenced by their signatures on the proposed stipulated order attached to this Motion. 5. Counsel for Respondent concurs with this Motion. WHEREFORE, Movant, Dennis J. Pochodzay, respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order as an Order of Court. Date: ~~~~"o~b16 Harrisburg, PA 17102 717 234-4178 Attorney for Movant CERTIFICATE OF SERVICE I, Angela S. Shaffer, employee for the law firm of Purcell, Krug & Haller, counsel for Defendant/Movant, Dennis J. Pochodzay, hereby certify that service of the foregoing Motion for Entry of Qualified Domestic Relations Order was made on the following via regular mail on August 16, 2010: Diane Sommers Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Attorney for Plaintiff/Respondent C' t AUG 19 2010 ANNA MARIE POCHODZAY, Plaintiff vs. DENNIS J. POCHODZAY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-631 CIVIL ACTION - IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; WHEREAS, Petitioner, Respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a QDRO) as that term is used under the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984 ("REA" ); and WHEREAS, Petitioner and Respondent have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS. As used in the Order, the following terms shall apply: (a) "Participant" shall mean Dennis James Pochodzay . The Participant's mailing address, date of birth and Social Security Number are as follows: Address: 277 Boyer Road Carlisle, PA 17015 Date of Birth: 06/27/1961 Social Security Number: 285-72-4077 (b) "Alternate Payee" shall mean Anna Marie Gyure . The Alternate Payee's mailing address, date of birth, Social Security Number and relationship to the Participant are as follows: Address: 3 East Factorv Street Mechanicsburq, PA 17055 Date of Birth 10/14/1962 Social Security Number: 276-74-9364 Relationship to Participant: Spouse (c) "Retirement Plan" shall mean the EDS Retirement Plan (Personal Pension Account (PPA)). (d) "Plan Administrator" shall mean the EDS Benefits Administration Committee. SECTION 2. DATE OF MARRIAGE/DIVORCE Participant and Alternate Payee were married on April 24, 1982 and were divorced on March 30, 2010. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Alternate Payee is awarded the following property as his/her sole and separate property. The amount assigned to the Alternate Payee shall be converted to an annuity and adjusted to take into account the Alternate Payee's age, commencement date and form of benefit elected by the Alternate Payee. Select Option 1, 2 or 3. 0 Option 1. Alternate Payee's interest in the Retirement Plan shall be 53.2 % of the Participant's account balance under the Retirement Plan determined as of 01/28/2009 payable at normal retirement date. (Note: The numerical percent and the allocation date must be completed. Please note that the allocation date is typically the date the parties separated or the date the Participant terminated employment with the Company, if earlier.) ? Option 2. Alternate Payee's interest in the Retirement Plan shall be $ - of the Participant's account balance under the Retirement Plan determined as of payable at normal retirement date. (Note: The dollar amount and the allocation date must be completed. Please note that the allocation date is typically the date the parties separated or the date the Participant terminated employment with the Company, if earlier.) ? Option 3. Alternate Payee's interest in the Retirement Plan shall be determined according to the following formula: a fraction (not greater than one), the numerator of which is months and the denominator of which is the total number of months of the Participant's participation in the Retirement Plan up to and including the earlier of the Participant's actual retirement date or the Alternate Payee's commencement date (the valuation date), multiplied by percent and then multiplied by the Participant's account balance under the Retirement Plan on such valuation date. (Note: The number of months and the numerical percent must be completed. The number of months is typically the number of months the Participant participated in the Plan during the marriage.) SECTION 4. FORM AND TIMING OF BENEFIT PAYMENT The Alternate Payee may commence the benefit set forth in Section 3 above commencing on or after the date the Participant attains his/her earliest retirement date under the Retirement Plan. The Alternate Payee may elect to delay commencement of his/her benefit until the Participant attains his/her normal retirement date under the Plan. The Alternate Payee may elect to receive his/her payment in any distribution form available under the Plan other than a joint and survivor annuity with a subsequent spouse.. The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidies provided under the Retirement Plan to the Participant on the date of his retirement, and in the event the Alternate Payee has already commenced her share of the benefits on the date of the Participant's retirement, then the amounts payable to the Alternate Payee shall be recalculated in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with a pro rata share of such early retirement subsidies. SECTION 5. DEATH OF ALTERNATE PAYEE Upon the death of the Alternate Payee prior to the commencement of benefits pursuant to Section 4, the Alternate Payee's interest shall be paid in accordance with the terms of the Plan. Upon the death of the Alternate Payee after commencement of benefits pursuant to Section 4, the form of benefit under which the Alternate Payee was receiving benefits shall determine whether, and to whom, any death benefits are payable. SECTIONS DEATH OF PARTICIPANT Upon the death of the Participant, the Alternate Payee shall be entitled to receive the amount awarded under Section 3 in the form provided under Section 4 of the Order. SECTION 7. MISCELLANEOUS (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator. This Order shall remain in effect until a further order of this Court. Nothing contained in this Order shall be construed to require the Retirement Plan or the Plan Administrator: (i) To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the Plan; (ii) To provide to the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (iii) To pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined by the Plan Administrator to be a QDRO. 1• (b) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO; provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require any form or amount of benefits not otherwise provided by the Retirement Plan. (c) In the case of conflict between the terms of this QDRO and the terms of the Retirement Plan, the terms of the Retirement Plan shall prevail. (d) The Plan Administrator, the Alternate Payee and the Participant may modify by written agreement any provision of this QDRO without further Court approval so long as the change has no adverse effect on the Participant. The Plan Administrator may unilaterally modify any provision of this QDRO to the extent necessary to comply with applicable law. (e) The Alternate Payee and the Participant shall hold the Retirement Plan (and its sponsor, agent and fiduciaries) harmless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Retirement Plan honors this QDRO. (f) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under the QDRO, the Participant shall pay such amount to the Alternate Payee. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall pay such amount to the Participant. ;z G o DATE(- COURT JUDGE co-D['as enc-LILL 44; 1). -IL kz_ a+ 14 . rcaua ?i ?t SUBMIT iS. Baker, Esquire,- 7- Attorney B. Kr (s) for: Dennis J. Pochodzay Y: _ 9 VrticipEXETED B ant, ennis J. Poc odzay - - Alternate Payee, Anna Marie Gyure Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Dennis J. Pochodzay 30 alt ?oC°? 1>0 Ai ?? 1. A IA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNA MARIE POCHODZAY, ) Plaintiff ) V. ) DENNIS J. POCHODZAY, ) Defendant ) NO. 2009-631 CIVIL ACTION - LAW IN DIVORCE PETITION TO TERMINATE ALIMONY OBLIGATION AND NOW, comes Defendant, Dennis J. Pochodzay, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Petition to Terminate Alimony Obligation and in support thereof avers as follows: Petitioner is Dennis J. Pochodzay, Defendant in the above-captioned divorce action. 2. Respondent is Anna Marie Pochodzay, Plaintiff in the above-captioned divorce action. 3. On February 6, 2009, Respondent initiated the above-captioned divorce action by filing a complaint requesting, inter alia, a no-fault divorce and alimony. 4. On February 28, 2010, in resolving all economic issues attendant to the divorce action, the parties executed a comprehensive Marital Settlement Agreement, which terms were placed on the record at the date of a conference before the Divorce Master, and which terms included, inter alia, alimony to be paid to Respondent (hereinafter the "Agreement"). A copy of the Agreement is attached hereto as Exhibit "A", and incorporated hereto. Pursuant to the Agreement, Petitioner was to pay alimony in the amount of $1,800 per month, to be paid in two equal installments coinciding with Petitioner's pay schedule, collected via wage attachment through the Domestic Relations Office. Petitioner's modifiable alimony obligation was indefinite, but was to terminate absolutely upon the death of either party or upon Respondent's remarriage or co-habitation in a romantic relationship with a person of either sex. See paragraph 6 of the Agreement, pages 4-5. 6. Upon execution of the Agreement, the Domestic Relations Section of the Court of Common Pleas of Cumberland County began collecting this sum, which Petitioner pays in a monthly lump sum by sending a check to Pennsylvania State Collection and Disbursement Unit, and which he has continued to do up to the time of the filing of this petition. 7. On March 30, 2010, the Court entered a decree in divorce. Petitioner has since learned that Respondent is living with her boyfriend, Bill Price, in Havertown, Pennsylvania. 9. Only recently did Petitioner receive sufficient information to show the Court that Respondent has in fact been cohabiting with an adult male, not a relative, since approximately June of 2011. Respondent has not disclosed the fact of her cohabitation to Petitioner. 10. In light of Respondent's cohabitation with Mr. Price, Petitioner's court- collected alimony obligation is to terminate absolutely, and Petitioner respectfully requests the court terminate said alimony obligation. 2 11. Furthermore, as Respondent concealed her cohabitation from Petitioner, and Petitioner was unable to discover and confirm Respondent's cohabitation until now, Petitioner respectfully requests the Court terminate Respondent's entitlement to alimony effective June 1, 2011. 12. At the time of the filing of this Petition, Petitioner has paid to Respondent the sum of $1,800 in alimony each month for the months of June, July, August, September and October, despite Petitioner's belief that Respondent has been cohabiting with Bill Price, since at least June 1, 2011, for a total of $9,000 in overpayment. 13. As Petitioner has continued to pay Respondent alimony subsequent to June 1, 2011 pursuant to the settlement agreement, and Respondent has failed to report her change in circumstances, Petitioner believes, and therefore avers, that he is entitled to reimbursement for all sums of alimony paid to Respondent on or after June 1, 2011. 14. The Court has jurisdiction to hear the issues raised in this petition and grant the relief requested pursuant to 23 Pa.C.S. §§ 3104 and 3015. WHEREFORE, Petitioner respectfully request the Court grant his petition and order the following: A. Petitioner's alimony obligation be terminated effective June 1, 2011, in light of Respondent's cohabitation as set forth in the parties' Marital Settlement Agreement; B. Respondent be required to reimburse Petitioner for all alimony sums paid to her on or after June 1, 2011; and 3 C. Any other relief that the court deems to be just and equitable under the circumstances. Date: 10 K ?Dl tehm, Esquire , KISSINGER & HOLST, P.C. 130 Walnut Street / P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Dennis J. Pochodzay 4 ?n?? 3 i? ANNA MARIE POCHODZAY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 631 CIVIL DENNIS J. POCHODZAY, Defendant IN DIVORCE THE MASTER: Today is Friday, February 26, 2010. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Anna Marie Pochodzay, and her counsel Diane S. Baker, and the Defendant, Dennis J. Pochodzay, and his attorney Howard B. Krug. The divorce complaint was filed on February 6, 2009, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel are going to provide the Master within ten (10) days affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised economic issues of equitable distribution., alimony, alimony pendente lite and counsel fees and costs. The Master has been advised that after considerable negotiations the parties have reached an agreement with respect to the outstanding economic issues. 1 The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, they are bound by the terms of the agreement even though they have not affixed their signatures to the agreement affirming the terms of settlement. The agreement is going to be transcribed and sent to counsel to review for typographical errors. Corrections will be made as necessary and then the parties will be asked at that time to sign the agreement affirming the settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on April 29, 1982, and separated January 28, 2009. They are the natural parents of three children, all of whom are emancipated. Mr. Krug. MR. KRUG: The parties have agreed as 2 follows: 1. The parties own a home at 277 Boyer Road, Carlisle Pennsylvania. This home.shall be listed for sale within twenty (20) days from this date and husband shall take the lead in securing a reputable real estate broker to list the property. The listing will be for a period of four (4) months and the parties hope to secure a listing commission of six or less percent. The amount of the listing price will be left up to the parties and the broker of record for the realty office after the parties consult with the broker of record for the realty office. In the event of a dispute between the parties concerning the listing price/sale price, then they will follow the recommendation of the broker of record for the realty office. Husband may continue to reside in the home until it is sold and no fair rental value shall be due from husband. In the event husband for one reason or another vacates the home, the parties shall each be responsible for the maintenance, upkeep, and other expenses related to the home. However, while husband is in residence, he shall be responsible for reasonable repairs and maintenance and the payment of the outstanding monthly mortgage to Sovereign Bank. Once the home is sold, the aforesaid mortgage shall be paid out of the net proceeds from the sale along with the normal cost of sale including reaitor commission, transfer tax, etc. Upon the sale of the marital home, the proceeds will be distributed as follows: 55% to wife and 45% to husband. However, a mathematical adjustment will have to be made based on what each party has received previously in the distribution of the marital estate using the same percentage, excluding pension and retirement plans, 401(k) and Roth IRAs. See calculations on joint Exhibit No. 1. 2. The assets of the parties are fully stated and valued for marital purposes in Joint Exhibit 1 attached hereto. Joint Exhibit No. 1 will be provided to the Master's office subsequent to today's statement of the agreement on the record inasmuch as counsel have to make some adjustments to the exhibit which they have been working on today. The exhibit, however, will be reviewed and agreed to by counsel and the parties when it is submitted to the Master's office to be attached to the agreement as stated on the record. In addition, Joint. Exhibit 1 will include the marital liabilities to Avenue credit card and a Kohls credit card which have been estimated by wife to total approximately $6,000.00 combined as of date of separation and a 3 statement will be forwarded by wife to both counsel. 3. The marital portion of the EDS pension shall be distributed between the parties by QDRO on the basis of a 55/45 division. The QDRO shall be prepared by husband and furnished to wife's counsel for review by an actuary of her choice. 4. Other than the EDS pension, all other pension, retirement, and 401(k) plans, each party shall retain in their own names and husband will transfer to wife from the Rollover Vanguard IRA the sum of $86,549.00. This sum shall be transferred with the cooperation of wife to a new Vanguard IRA to be established within thirty (30) days. Husband will take care of the process required to transfer, assuming he can accomplish such without a Court order while still maintaining a tax free status; however, if a Court order is required, then the parties will share those costs. 5. All tangible personal property issues between the parties have been resolved in accordance with the following method of distribution: Wife will review the appraisal of Classic Edge Auctions and choose items she desires from the home, which shall include a treadmill and Longaberger baskets. Wife shall keep whatever personal property she currently has. Husband shall also choose among the personal property listed in the aforesaid appraisal and anything remaining after both parties have chosen, which is not desired by either, shall be sold and the proceeds shall be divided equally. In the event the property cannot be sold, it shall be either donated or disposed of, as the parties may agree. 6. Modifiable alimony shall be paid by husband to wife in the monthly amount of $1,800.00 through the office of Domestic Relations of Cumberland County. However, this shall be paid at the rate of $900.00 twice a month to coincide with husband's current pay schedule. Under no circumstances should husband be compelled to make an alimony payment during the remaining two weeks after he has made a support payment, i.e., there should be no duplicative payments. This alimony obligation shall be subject to automatic review by the Court upon wife attaining age 55, when she is entitled to receive income from the EDS pension. The alimony shall also be modifiable upon a significant change of circumstances of either party. Alimony shall terminate upon the death of either party or upon wife's 4 remarriage or co-habitation in a romantic relationship with a person of either sex. The sums paid by husband as alimony shall qualify as tax deductible to husband and taxable to wife, and the parties shall take no position in their respective tax returns contrary to this status. 7. The parties represent to each other that they have not incurred any bills not previously revealed in this agreement for which the other may be held responsible, except as stated herein. 8. In the event either party breaches any terms of this agreement, the breaching party shall be responsible for the reasonable attorney fees of the non-breaching party. 9. This is the entire, complete and exclusive agreement between the parties. There are no other terms or representations between the parties other than those set forth herein. 10. There shall be no modification of this agreement absent a signed writing by both parties referring specifically to this agreement or a Court order which may be entered pursuant to the alimony provisions as stated herein. 11. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this agreement shall be in full satisfaction of all marital rights of the parties. Under no circumstances shall this be deemed a taxable event for either party. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 5 MS. BAKER: -Anna, you've been present and you've heard the agreement put on the record; is that correct? MS. POCHODZAY: Yes. MS. BAKER: Do you have any questions? MS. POCHODZAY: No. MS. BAKER: And do you understand everything that has been presented? MS. POCHODZAY: Yes. MS. BAKER: And are you in agreement with the terms and conditions of the equitable distribution and alimony provisions for which we have provided? MS. POCHODZAY: Yes. MR. KRUG: Mr. Pochodzay, you've been here throughout listening to this colloquy; is that correct? MR. POCHODZAY: Yes. MR. KRUG: Do you understand what has been said? MR. MR. MR. MR. has been dictated MR. THE POCHODZAY: Yes. KRUG: Do you have any questions? POCHODZAY: No. KRUG: Do you agree to the agreement that Dn your behalf? POCHODZAY: Yes. MASTER: Thank you. Wife waives any 6 claims which she may have to counsel fees, costs and expenses. Mr. and Mrs. Pochodzay, you both understand what that means? MR. POCHODZAY: Yes. MS. POCHODZAY: Yes. THE MASTER: All right. Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: S. S. Baker Attorne1D for lai tiff orney for Defendant DATE: lam. ? 3 7-110 Anna aria Po, h zay Dennis . Pocho zay 7 ANNA MARIE POCHODZAY, Plaintiff, VS. DENNIS J. POCHODZAY, Defendant, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.09-631 CIVIL ACTION -LAW IN DIVORCE JOINT EXHIBIT I ?SUI MARY OF DISTRIBUTION OF ASSETS VEHICLES AND CASH ACCOUNTS Item Husband Wife 2006 Cadillac CTS 13,150 1999 Chevrolet Astro Van 575 1999 Chevrolet Prizm 825 2003 Yamaha V-Star Classic 3,405 1982 Honda GL500 400 1998 Sea Doo SPX PWC 1,455 1994 Honda CR125 785 1990 Load Rite PWC trailer 200 2003 Chrysler PT Cruiser 5,075 Fairholme Investment account #xx6814 8,484 Vanguard Investment account #xx6418 5,346 EDS Credit Union account #xxx007 916 PSECU checking account #8665xxxx 1,500 Conunerce Bank account #xxx2844 359 PSECU Savings #8665xxxxx 5 HSBC Direct Savings account#971xx 218 EDS savings #xxxx007 105 2008 Joint Federal tax refund 162 Total previously received: 37,531 5,434 Payment from Husband to Wife 18.1 .197) 18.197 Total after payment 19,334 23,631 PENSION PLAN Item Husband Wife EDS Defined Benefit Plan 45% 55% (marital share (coverture fraction of .969) to be distributed pursuant to a QDRO) 401k and IRA RETIREMENT ACCOUNTS Item Husband Wife Computer Aid 401k (Merrill Lynch) 60,401 Vanguard Roth IRA # xxx1568 - 16,424 T.Rowe Price Roth IRA 4xxx515-5 8,838 T.Rowe Price Trad, IRA4xxx4501-4 5,147 Vanguard 401(k) 6,360 Vanguard Roll-over IRA #xx6421 10,634 86,549 (Wife's portion transferred via a QDRO) LIABILITIES (To be reimbursed directly to Wife from the proceeds from the sale of the marital residence) Avenue credit card 2,057.97 Kohl's credit card 2.967.78 5,025.75 SUMMARY/ PROCEEDS FROM SALE OF HOUSE After payment of the mortgage and costs of sale, Wife shall receive the sum of 5,025.75 representing reimbursement to her for liabilities she assumed. The remaining proceeds shall be divided with Wife receiving 55% and Husband receiving 45%. Thereafter, Husband shall pay directly to Wife the sum of $18,197 representing the payment owed to her to effectuate equitable distribution of the vehicles and cash accounts ANNA MARIE POCHODZAY V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENNIS J. POCHODZAY : NO 2009-631 DIVORCE DECREE at 12:15p.m. AND NOW, March 30 ANNA MARIE POCHODZAY 2010 , it is ordered and decreed that DENNIS J. POCHODZAY bonds of matrimony. plaintiff, and , 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. By the Court, Certified Copy Issued: March 30, 2010 Date Edward E. Guido Attest: J. VERIFICATION I, Dennis J. Pochodzay, hereby swear and affirm that the facts contained in the foregoing Petition to Terminate Alimony Obligation are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S 10/5/11 DATE §4904 relating to s orn falsification to authorities. D nnis J. Poc dzay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNA MARIE POCHODZAY, ) Plaintiff ) V. ) DENNIS J. POCHODZAY, ) Defendant ) NO. 2009-631 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Dennis J. Pochodzay, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition to Terminate Alimony Obligation was served upon Diane S. Baker, Esquire, counsel for Anna Marie Pochodzay, Plaintiff, by depositing same in the United States mail, first class, on October 5, 201 t, addressed as follows: Diane S. Baker, Esquire 27 South Arlene Street PO Box 6443 Harrisburg, PA 17112 Date: qodg 0 11 J. V41 Esquire ;T SSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Dennis J. Pochodzay IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANNA MARIE POCHODZAY, ) = y ~ Plaintiff ) NO. 2009-631 V. r) .e ) ~ . c.o DENNIS J. POCHODZAY, ) CIVIL ACTION - LAW Defendant ) IN DNORCE . t ADDENDUM TO THE MARITAL SETTLEMENT AGREEMENT ~ THIS Addendum to the Marital Settlement Agreement is entered into this .Y~'day of Cc hl;lk k-, , 2011, by and between ANNA MARIE POCHODZAY, now known as ANNA GYURE (hereinafter "Plaintiff"), and DENNIS J. POCHODZAY (hercinafter "Defendant"); WITNESSETH: WHEREAS, Plaintiff and Defendant were divorced by decree to the above-referenced docket on March 30, 2010; WHEREAS, the parties executed a Marital Settlement Agreement (hereinafter the "Agreement") on February 28, 2010, resolving all economic issues attendant to the divorce action, the terms of which required Defendant to pay alimony in the amount of $1,800 per rnonth to Plaintiff. Pursuant to the parties' Agreement, this alimony obligation was to terminate absolutely upon the death of either party or upon Plaintiff s marriage or cohabitation in a romantic relationship with a person of either sex; WHEREAS, the Domestic Relations Section of the Court of Common Pleas of , Cumberland County has been collecting that sum, which Defendant has been paying in a monthly lump sum through the Pennsylvania State Collection and Disbursement Unit; WHEREAS, Plaintiff has begun cohabiting with her boyfriend, Bill Price, in Haverton, Pennsylvania, and agrees that Defendant shall pay no further alimony in light of this cohabitation; WHEREAS, Defendant filed a petition to terminate alimony obligation on October 6, 2011, seeking for this Court to terminate the alimony obligation absolutely and to order Plaintiff to reimburse him for alimony that has been paid since June of 2011; WHEREAS, a Rule to Show Cause and an Order were issued by this Court on October 10, 2011, setting a hearing on this matter for December 19, 2011 before the Honorable Albert H. Masland; WHEREAS, the parties have agreed to resolve the petition by executing this Addendum to the Agreement which waives Defendant's claim for reimbursement of any past paid support, and terminates the alimony obligation from this point forward; NOW, THEREFORE, in consideration of these premises and of the mutual promises, covenants, undertakings hereinafter set forth, Plaintiff and Defendant, each intending to be legally bound hereby, covenant and agree as follows: 1. The alimony obligation to be paid by Defendant to Plaintiff in the amount of $1,800 per month through the office of Domestic Relations of Cumberland County shall be terminated, effective immediately. 2. Upon the parties' execution of this Addendum, counsel for Plaintiff and Defendant sha11 each send a letter to Cumberland County Domestic Relations with a copy of the Addendum to notify them of the absolute termination of Defendant's alimony obligation, and instruct them to terminate the implementing alimony order. 2 3. Any arrears balance that may remain as pertains to this alimony obligation is hereby waived and sha11 be deemed satisfied. 4. Plaintiff will have no obligation for reimbursement to Defendant of any alimony that has been received. i 5. This termination of Defendant's alimony obligation is absolute. By virtue of this absolute termination of Defendant's alimony obligation, the provisions of the Parties' Agreement I~ calling for automatic review of the alimony obligation upon Plaintiffs attaining of the age of 55 are vacated. Defendant shall have no further obligation to pay Plaintiff alimony in any amount from this point forward. 6. This Addendum shall be forwarded to this Court for entry of an order deeming the ' petition to be resolved and canceling the hearing on December 19, 2011. ~ 7. All other provisions of the Agreement not modified herein remain in full force and effect. IN WITNESS WHEREOF, the parties hereto set their hands and seals as of the day and date first written above. i ITN S DENNIS J. P HODZAY /e~ f ~ . CvUC-(- ~t - L ' WITNES ANNA MARIE GYURE ~ ~ (formerly Pochodzay) ~ 3 COMMONWEALTH OF PENNSYLVANIA ) . ) COIINTY OF I r 1 ) BEFORE ME, the undersigned authority, on this day personally appeared DENr1IS J. POCHODZAY, known to me to be the person who executed the foregoing instrument, and who I acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN LJNDER MY HAND AND SEAL OF OFFICE this ce,day of I C" , 2011. . otary P(Alic i and for Commonwealth of Pennsylv ' Typed or printed name of Notary: ~ L . ~ . My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL 61NGER L. GONTZ. MOTARY PUBLIC Cl1Y Of HARRISBURG. DAUPHIN COUNiY MYCOMMISSION EXPIRES MAY 17 2012 ~ 4 COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ANNA MARIE GYIJRE (formerly Pochodzay), known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. 7 01 GIVEN UNDER MY HAND AND SEAL OF OFFICE this G~ day of 2011. - otary Public in and for Commonwealth of PennsYlvania Typed or printed name of Notary: My commission expires: I, COMMONWEALTH OF PENNSYIVANIA NOTARUL SEAL ~ Diana S. Bsker, Notary Pubiic Lowsr Paxton Township, Dauphin County My Commiaelon Expires May 13, 2015 a . ~ 5