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HomeMy WebLinkAbout09-2211(,1 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff v. EUGENE ZHARICHENKO, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 1~Q - o'Lll I CtVi l Tet-M 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 maybe 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 PlaintifL You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 EUGENIA ZHARICHENKO, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA EUGENE ZHARICHENKO, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Eugenia Zharichenko, an adult individual residing at 1228 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Eugene Zharichenko, an adult individual residing at 1365 Stillhouse Lane, Etters, York County, Pennsylvania 17319. 3. Both Plaintiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 1, 1990 in Moldova. 5. There aze two (2) children born of this marriage being Alexandra S. Zharichenko (Born: June 22, 1991) and Julia M. Zharichenko (Born: July 21, 1998). 6. The parties separated on July 4, 2008. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I -DIVORCE NO FAULT 10. The averments in pazagraphs 1 through 9 of Plaintiffs Complaint aze incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. FAULT 12. The averments in pazagraphs 1 through 11, inclusive, of Plaintiffs Complaint aze incorporated herein by reference thereto. 2 13. Plaintiffis the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. 14. Defendant has committed cruel and barbarous treatment and endangered the life and health of the Plaintiff. WHEREFORE, Plaintiffrequests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 15. The averments in paragraphs 1 through 14 of Plaintiff s Complaint are incorporated herein by reference thereto. 16. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiffrequests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. 3 WHEREFORE, Plaintiff, Eugenia Zharichenko, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems ,,- Dated: April 6, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 • • Bazbaza Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. EUGENE ZHARICHENKO, Defendant NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. i Dated:~~2.G~ 2~i, 2009 ~ EUGENIA ZHARIC NKO • ~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. . NO. EUGENE ZHARICHENKO, Defendant :CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Eugenia Zharichenko, hereby certify that the facts set forth in the foregoing Pleading are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: oC.b, 2009 ` EUGENIA ZHARICHEN O OF 7l;~ F',~~.rnn~Ot.~?Y 20Q9 Q~'~ _g A~1 !! ~ 52 C~ifiiJL I~ t~y1 f ~,1J~~iAt~ ~~~VaV~,el~l~~r`4i/1 } ~~ . 50 ~O A`t"i`( ~ 8~a~ .~ ~.~' aa~~t~ ~ a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (7171774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-02211 EUGENE ZHARICHENKO, :CIVIL ACTION -LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Carol J. Lindsay. Romano, Esquire, hereby accept service and acknowledge receipt of the above-captioned Divorce Complaint, on behalf of my client, Eugene Zharichenko, having received said Complaint on the ~ day of 2009. I hereby indicate I am authorized by my client to accept service on his be f. Carol J. Linds ', sq Saidis, Flow & L s 26 West Hig eet Carlisle, PA 17013 (717) 243-6222 Supreme Court I.D. # ~~~ Tl~~ ~ ' ~~rt ~.~t.~y 209 A~ ~ ? ~'``''s ~~ ~~ - ,. i JUN 14 2010 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ~, CIVIL ACTION -LAW NO. 09-2211 CIVIL EUGENE ZHARICHENKO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this / ~ ~ day of _ Q~ 2010, upon consideration of the within Petition, the Rule issued on May 17, 2010 is made absolute and Carol J. Lindsay, Esquire and Saidis, Flower & Lindsay, PC are permitted to withdraw as counsel for the Defendant. BY THE COURT, SAIDIS, FLOWER ~ LINDSAY ,vtutweYS.~+ruw 26 West High Street Carlisle, PA N ~~ O '1 c_ ~, :~ _: __ r~ ~,_ C . /~1 N~saY f _ Gt Pr r •~ ~~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 EUGENIA ZHARICHENKO 1N THE COURT OF COMM ON PLF~S ;:., , Plaintiff :CUMBERLAND COUNTY, PENNS,V~A1IA._; -ra `-:-: c-- ,. __ ~,, • NO. 09-02211 - ~ - -~ -~; T, . ~ ,,; ~ EUGENE ZHARICHENKO, CIVIL ACTION -LAW ~ ~:._ ~ ~ " ' - - Defendant IN DIVORCE ;:_~ c.~ -' c: ~' , '; NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file aCounter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (D) OF THE DIVORCE CODE The parties to this action separated on July 4, 2008, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S.A. S1h:CTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: July 6, 2010 ~'~t EUGENIA ZHA HENKO 2 EUGENIA ZHARICHENKO, Plaintiff v. EUGENE ZHARICHENKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-02211 CIVIL ACTION -LAW IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: EUGENE ZHARICHENKO NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO. 09-2211 EUGENE ZHARICHENKO, Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION TO COMPEL nD nUD AND NOW, this day of August, 2010, a rule is issued on the defendant to show cause why the relief requested in the within motion ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, Kevin A. Hess, P. J. ?e,s? rnar? OF 4 rxr', } .. cw a J [? iv C -n 4 SEP 2 9 2010 Barbara Sumple-Sullivan, Esquire Supreme Court 932317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZHARICHENKO, Defendant : NO. 09-02211 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this 3b` day of t , 2010, upon consideration of the Petition to Make Rule Absolute, said Petition is hereby GRANTED. It is further ORDERED and DECREED that Eugene Zharichenko shall respond to Interrogatories and Requests for Document Production within 30 ( ) Days of service of this Order. Failure to do so may result in the imposition of sanctions and award of counsel fees to Plaintiff. BY THE COURT: Kevin ess, P.J. ,--14r-Eugene Zharichenko, 1365 Stillhouse Lane, Etters, PA 17319 ar__bara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 1707( nno ?.: t es 4?3v/?o ?i? Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-02211 ` ~' ~. r~ ~.~ ~^`~ EUGENE ZHARICHENKO, :CIVIL ACTION -LAW ~ : ~ ,' ` ~' ' ~`'r=- Defendant IN DIVORCE ~'; _~ ~ ;;- - --~ _ u ~~ ~ ... e ~ ~~ ~ -~ ....~ ~~ MOTION FOR SANCTIONS _~, =4=• ., .:.~ ....4 AND NOW, this 5'~ day of November, 2010, Eugenia Zharichenko, Plaintiff, moves the court for a Sanction Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against Eugene Zharichenko, Plaintiff. 1. Interrogatories and Document Production Requests were served by Defendant's counsel upon Plaintiffl s counsel on or about April 26, 2010. 2. The responses to the Interrogatories and Document Production Requests were due within thirty (30) days of service in accordance with Rule 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure. 3. No timely response was received to this discovery request. 4. On June 1, 2010, Petitioner filed a Motion to Compel Responses to Interrogatories and Document Production Requests. i 5. An Order was entered on August 24, 2010 granting Defendant twenty (20) days to show cause why the relief requested in the Motion to Compel ought not to be granted. 6. No response to the Motion to Compel was filed by Defendant. 7. On September 28, 2010, Plaintiff filed a Petition to Make Rule Absolute regarding the Motion to Compel. 8. An Order was entered on September 30, 2010 granting Plaintiff s Petition to Make Rule Absolute. The Order also required that Defendant, Eugene Zharichenko, respond to the Interrogatories and Document Production Requests within thirty (30) days of the date of service of the Order. 9. The September 30, 2010 Order was sent to Defendant via Certified Mail -Restricted Delivery by letter dated October 4, 2010. 10. Defendant refused to claim the October 4, 20101etter and it was returned to counsel for Plaintiff on October 20, 2010. 11. Counsel for Plaintiff has not received any contact from Defendant. 12. Defendant's prior counsel was granted leave to withdraw due to the lack of cooperation and response from Defendant. 13. Defendant continues to fail to respond to the discovery requests, contact Plaintiff s counsel or in any way become engaged in furthering this litigation. 14. The information requested by the discovery requests is critical for valuation of the marital estate. 15. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the parry obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such parry from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 4019 (g)(1) Except as otherwise provided in these rules, if following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorney's fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expense unjust. 16. Plaintiff requests that Defendant be ordered to pay sanctions in an amount of Seven Hundred Fifty Dollars ($750.00) for failure to respond to Plaintiff s Interrogatories and Document Production Requests within five (5) days of the Order. 17. Plaintiff requests that Defendant be ordered to fully and adequately answer the Interrogatories and Document Production Requests within five (5) days of the Order. WHEREFORE, it is respectfully requested that judgment be entered in favor of Plaintiff and Defendant be ordered to pay sanctions in an amount in excess of Seven Hundred Fifty Dollars ($750.00) for failure to respond to Plaintiff s Interrogatories and Document Production within five (5) days of the Order and also be ordered to fully and adequately respond to the 4 Interrogatories and Document Production Requests within five (5) days of the Order. Dated: November 5, 2010 ~--- Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-02211 EUGENE ZHARICHENKO, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sample-Sullivan, Esquire, do hereby certify that on this date, I served the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 DATE: November 5, 2010 Bazbara Sample-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Plaintiff 6 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS r Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Lea C) -q v. NO. 09-02211 ' r6co M .,- F EUGENE ZHARICHENKO CIVIL ACTION -LAW Defendant IN DIVORCE Vocj _4 ORDER t AND NOW, this day of Pw, ,,,? 2010, upon consideration of Plaintiff's Motion for Sanctions, said Motion is hereby GRANTED. It is fi -ther ORDERED and DECREED that: 1. Defendant shall fully and adequately respond to Plaintiff's IWgatories and Document Production Requests within f+vg4 4W of &s Order; 44-c.&(20) 2. De ee-n ads] ll ay to Plaintiff the sum of Seven Hundred Fifty Dollars ($750.00) for reimburse re a ive o -?... Defenda e to comply with discovery wig e (5) days of the a e of this Order; and 3. Any other relief as ms just and reasonable. BY THE COURT: c?Q `id J. r X14L Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 EUGENE ZHARICHENKO, CIVIL ACTION - LAW. - , , ,,, Defendant IN DIVORCE C= ry -g 3 ? m --3 r° z ?-= co G MOTION FOR SANCTIONS a ' fir' C7 ? -rd =Cj AND NOW, this 7 day of December, 2010, Eugenia Zharichenko, Plaintiff, tY v the > court for a Sanction Order pursuant to Rule 4019 of the Pennsylvania Rules of Civil Procedure against Eugene Zharichenko, Plaintiff. Interrogatories and Document Production Requests were served by Defendant's counsel upon Plaintiff s counsel on or about April 26, 2010. 2. The responses to the Interrogatories and Document Production Requests were due within thirty (30) days of service in accordance with Rule 4006 and 4009.12 of the Pennsylvania Rules of Civil Procedure. 3. No timely response was received to this discovery request. 4. On June 1, 2010, Petitioner filed a Motion to Compel Responses to Interrogatories and Document Production Requests. 5. An Order was entered on August 24, 2010 granting Defendant twenty (20) days to show cause why the relief requested in the Motion to Compel ought not to be granted. 6. No response to the Motion to Compel was filed by Defendant. 7. On September 28, 2010, Plaintiff filed a Petition to Make Rule Absolute regarding the Motion to Compel. 8. An Order was entered on September 30, 2010 granting Plaintiff s Petition to Make Rule Absolute. The Order also required that Defendant, Eugene Zharichenko, respond to the Interrogatories and Document Production Requests within thirty (30) days of the date of service of the Order. 9. The September 30, 2010 Order was sent to Defendant via Certified Mail - Restricted Delivery by letter dated October 4, 2010. 10. Defendant refused to claim the October 4, 2010 letter and it was returned to counsel for Plaintiff on October 20, 2010. 11. After Plaintiff filed a Motion for Sanctions on November 5, 2010, an Order was entered on November 9, 2010 allowing the Defendant an additional Twenty (20) days to respond to the discovery requests. 12. The November 9, 2010 Order together with an additional copy of the Interrogatories and Document Production Requests were sent to Defendant (with a Delivery Confirmation Receipt) by letter dated November 10, 2010. A true and correct copy of the letter dated November 10, 2010 is attached hereto as Exhibit A. 13. The Delivery Confirmation information confirmed that the letter was delivered to Defendant's address on November 12, 2010 at 12:08 p.m. 14. Counsel for Plaintiff has not received any contact from Defendant. 15. Defendant's prior counsel was granted leave to withdraw due to the lack of cooperation and response from Defendant. 16. Defendant continues to fail to respond to the discovery requests, contact Plaintiffs counsel or in any way become engaged in furthering this litigation. 17. The information requested by the discovery requests is critical for valuation of the marital estate. 18. Pa. R.C.P. 4019 provides as follows: 4019 (a)(1) The court may, on motion, make an appropriate order for sanctions if: (i) a party fails to serve answers, sufficient answers or objections to written interrogatories under Rule 4005. (vii) a party, in response to a request for production or inspection made under Rule 4009, fails to respond that inspection will be permitted as requested or fails to permit inspection as requested. (viii) a party or person otherwise fails to make discovery or to obey an order of court respecting discovery. 4019 (c) The court, when acting under subdivision (a) of this rule, may make (1) an order that the matters regarding which the questions were asked, or the character or description of the thing or land, or the contents of the paper, or any other designated fact shall be taken to be established for the purposes of the action in accordance with the claim of the parry obtaining the order; (2) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony, or from introducing evidence of physical or mental condition; (3) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or entering a judgment of non pros or by default against the disobedient party or party advising the disobedience; (4) an order imposing punishment for contempt, except that a party may not be punished for contempt for a refusal to submit to a physical or mental examination under Rule 4010; (5) such order with regard to the failure to make discovery as is just. 4019 (g)(1) Except as otherwise provided in these rules, if following the refusal, objection or failure of a party or person to comply with any provision of this chapter, the court, after opportunity for hearing, enters an order compelling compliance and the order is not obeyed, the court on a subsequent motion for sanctions may, if the motion is granted, require the party or deponent whose conduct necessitated the motions or the party or attorney advising such conduct or both of them to pay to the moving party the reasonable expenses, including attorney's fees, incurred in obtaining the order of compliance and the order for sanctions, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expense unjust. 19. Plaintiff requests that Defendant be ordered to pay sanctions in an amount of Seven Hundred Fifty Dollars ($750.00) for failure to respond to Plaintiff's Interrogatories and Document Production Requests within ten (10) days of the Order. 20. Plaintiff requests that Defendant be ordered to fully and adequately answer the Interrogatories and Document Production Requests within ten (10) days of the Order. 21. The Honorable Judge Kevin A. Hess was previously assigned to this matter. WHEREFORE, it is respectfully requested that judgment be entered in favor of Plaintiff and Defendant be ordered to pay sanctions in an amount in excess of Seven Hundred Fifty Dollars ($750.00) for failure to respond to Plaintiff's Interrogatories and Document Production within ten (10) days of the Order and also be ordered to fully and adequately respond to the Interrogatories and Document Production Requests within ten (10) days of the Order. Dated: December 7, 2010 l (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 Exhibit A LAW OFFICES BARBARA SUWLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1931 - PHONE: (717) 774-1445 FAX: (717) 774-7059 U.S. Postal Service"Deiivery Confirmation Receipt November 10, 2010 DELIVERY CONFIRMATION NO. 03093220000104152545 Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 Re: Eugenia Zharichenko v. Eugene Zharich Docket No. 2009-022111 Cumberland Co „1 Postage and Del" Confirmation fees must be paid before mailing. ? Arade Sent To: (to be ownploWl by meW ru rn R u ng- 2-h aA I CkL&O Ln n...r z i3 l7 5 5+, J 1 KZU si?- L&L,2-- 2° ,J'A1-1611 ra POSTAL CIJSTO C3 Keep this recelpt'For In ?Irlw a Pm ark Access Internet web sks at wwwumm.com ,°v orcal'1-J500-222- 11 ?m Q- 10 Y C3 Priority/ Mall°servics n rt n Mai?°parcel mo OPackage WAcea panel PS Form 152, May 2002 (8ft Revere) Dear Mr. Zharichenko: Attached please find an Order dated November 9, 2010 on which you need to respond to the Interrogatories and Document Production Requests within Twenty (20) days. I am including an extra copy of the discovery requests for your response. Please secure counsel regarding this matter ASAP_ BSS/as Enclosures cc: Ms. Eugenia Zharichenko (via email) Barbara Sumple-Sullivan Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 EUGENE ZHARICHENKO, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served the Motion For Sanctions to this Honorable Court, in the above-captioned matter upon the following individual via United States Mail: Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 DATE: December 7, 2010 B tiara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney For Plaintiff 7 n DEC09101U Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 09-02211 EUGENE ZHARICHENKO, Defendant CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this /,?day of 2010, it is Ordered and Decreed Sk,,,,-:.. Iq that Defendant shall file a Rule returnable within ten (10) days of the date of this Order to show cause why Plaintiff's Motion should not be granted. Failure to timely file said Rule will result in Plaintiff's Motion to be GRANTED. BY THE COURT: Hess, P.J. ?b : ?3 rn ? -< J'-- S 2> -a = PVC O Tt > N ©n rn -_4 rNa ?~> -C Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 FILED-OFFICE L010 0EC 30 Phi 12: 59 "U BEREANu c EUGENIA ZHARICHENKO, Plaintiff v. EUGENE ZHARICHENKO, Defendant : IN THV4,ftK1A01R+00MMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-02211 CIVIL ACTION -LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE 1. Petitioner is Plaintiff, Eugenia Zharichenko. 2. Respondent is Defendant, Eugene Zharichenko. 3. Interrogatories and Document Production Requests were initially served by Plaintiff's counsel on Defendant's counsel, who has since withdrawn from the matter, on or about April 26, 2010. 4. Responses were due within thirty (30) days in accordance with 42 Pa.R.C.P. 4006 and 4009.12. 5. No timely response was received to this discovery request. 6. Petitioner filed a Motion to Compel on June 3, 2010 and a subsequent Motion for Sanctions on December 8, 2010. 7. A Rule was issued on December 13, 2010 which provided that the Rule was returnable in ten days. 8. The December 13, 2010 Rule was served upon Respondent on December 15, 2010. A true and correct copy of the letter and Delivery Confirmation are attached hereto as Exhibit A. 9. No timely answer or other response was filed to said Rule by Respondent or any counsel for Respondent. 10. Petitioner requests that the Rule issued on December 13, 2010 be made absolute and the requests in Petitioner's Motion to Compel and Motion for Sanctions be granted. 11. The Honorable President Judge Kevin A. Hess has been assigned to this matter. WHEREFORE, Petitioner requests the Rule be made absolute and the requests in Petitioner's Motion to Compel and Motion for Sanctions DATE: December 29, 2010 Parbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 LAW OFFICES BARBARA SUMPLE-SULLIVAN 549 BRIDGE STREET NEW CUMBERLAND, PENNSYLVANIA 17070-1981 PHONE (717) 774-1445 PAZ (717) 774-7059 December 14, 2010 DELIVERY CONFIRMATION NO. 0309 3220 00010415 2590 Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 Re: Eugenia Zharichenko v. Eugene Zharichenko Docket No. 2009-02211 / Cumberland County Dear Mr. Zharichenko: Attached please find a Rule to Show Cause dated December 13, 2010 which you must respond to within Ten (10) days. Please secure counsel regarding this matter Barbar U.S' POSfal Service Delivery Coniirmatlon°Receipt v a,. BSS/as r Enclosures z o cc: Ms. Eugenia Zharichenko (via email) A o pe and Denveey Cadmmu n fees must be paW before MWI n AM* SW Tx Ito be 4=!OMPktsd by nud" g. cl1Pr1_ko ? ° aosana? ? ° -Here PS Form 152. Man 20 - POSTAL CUSTOMER: Keep this recelpL For Ing6es: Access Intemet web site at or call?.com o -1811 ONE (POSTAL USE ONLV) >J?orny Mall' semce ?Flrgt-class nllarPparce? 0Paolrage p.% USPS - Track& Confirm 'l. Y'. Track & Confirm Seamh Results Home I Help I Sign I". _ Track & Confirm FAQ Label/Receipt Number: 0309 3220 0001 0415 2590 Expected Delivery Date: December 15, 2010 Class: Priority Mail® Service(s): Delivery Confirmation Status: Delivered http://trkcnfrml .smi.usps.com/PTSIrtemetWeb/InterLabellnquiry.do Tick & Col rwm Ertter LabeUReceipt Number. ............................. ................................... ....................................................._................_ ?p> Your item was delivered at 11:29 am on December 15, 2010 in ETTERS, PA 17319. Detailed Results: • Delivered, December 15, 2010,11:29 am, ETTERS, PA 17319 • Out for Delivery, December 15, 2010, 8:20 am, ETTERS, PA 17319 * Sorting Complete, December 15, 2010, 8:10 am, ETTERS, PA 17319 Arrival at Post Office, December 15, 2010, 7:20 am, ETTERS, PA 17319 • Acceptance, December 14, 2010, 4:16 pm, NEW CUMBERLAND, PA 17070 PldWWAbOp.1Im ... ..._._.. _.._....... Track & Confirm by email Get current event information or updates for your Rem sent to you or others by email Ala> tk-D_ic_es Qareers Privaof Poles ItM_ f Use %jiiness Custgmgr 9}ewav de Map QAtomer_$9-r0 Fob Cao_v'_ Copyright® 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOW 1 of 1 12/29/2010 11:18 AM r Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 EUGENE ZHARICHENKO, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter upon the following individual(s) by United States first-class mail, postage prepaid, addressed as follows: Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 DATE: December 29, 2010 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANO = --? VS. CIVIL ACTION - LAW -, cxr NO. 09-2211 EUGENE ZHARICHENKO, ..?, Defendant IN DIVORCE IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE ORDER AND NOW, this cr ` day of January, 2011, a brief argument on the plaintiff's motion to make rule absolute is set for Friday, January 28, 2011, at 3:15 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 'Barbara Sumple-Sullivan, Esquire For the Plaintiff Eugene Zharichenko, Pro Se Defendant Mould L/-F 1 /!5/11 OK6 :rlm EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANI4-, V. EUGENE ZHARICHENKO, CIVIL ACTION - LAW Defendant NO. 09-2211 CIVIL TERM so IN RE: PETITION TO MAKE RULE ABSOLUTE ORDER OF COURT - AND NOW, this 28th day of January, 2010, this matter having been called for hearing, the petition to make the rule absolute and to impose sanctions in this case is granted. The Defendant is herewith cited in contempt of court. An adjudicatory hearing in this matter is set for Friday, February 11, 2011, at 3:30 p.m. in Courtroom Number Four of the Cumberland County Courthouse at which time and place the Defendant is ordered and directed to appear, and should he fail to appear a bench warrant will be issued for his arrest. The Defendant is cautioned that should he be adjudicated in contempt, the result may be that the Court will sentence him to a fine or to a term of imprisonment or both. The matter of attorney's fees will be addressed at the hearing on February 11. Service of this order by the Cumberland County Sheriff, by deputization, is authorized. By the Court, --/?Z - 1-,-q 1"4 - Kevin Hess, P.J. I- Barbara Sumple-Sullivan, Esquire For the Plaintiff %piea ? L Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 Sheriff -in bin ?n . Lad 0 ./ If ;f OK6 lfh SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor $11'104, c1 ?. aUt?,'?Fr/111w d ^rF . - , FILED-OFFICE 07 THE PRO T HO NOTARY 2311 FEB -7 AM 9: 22 rUMDERLAIiI COUH Y PEPINSI'LVANI A Eugenia Zharichenko Case Number vs. Eugene Zharichenko 2009-2211 SHERIFF'S RETURN OF SERVICE 02/03/2011 09:07 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3. 2011 at 2107 hours, he served a true copy of the within Order of Court in re: Petition to Make Rule Absolute, in the above entitled action, upon the within named defendant, to wit: Eugene Zharichenko, by making known unto Eugene Zharichenko, personally, at UPS Freight, 6060 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. Sheriff's Costs: None February 04, 2011 1 ROB T BITNER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF A EUGENIA ZHARICHENKO, IN THE LOUR" OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZHARICHENKO, CIVIL ACTIO14 - LAW Defendant NO. 09-2211 CIVIL TERM IN RE: PETITION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 28th day of January, 2010, this matter having been called for hearing, the petition to make the rule absolute and to impose sanctions in this case is granted. The Defendant is herewith CitE!d in contempt of court. An adjudicatory hearing in this matter is set for Friday, February 11, 2011, at 3:30 p.m. in Courtroom Number Four of the Cumberland County Courthouse at which time and place the Defendant is ordered and directed to appear, and should he fail to appear a bench warrant. will be issued for his arrest. The Defendant is cautioned that should he be adjudicated in contempt, the result may be that the Court will sentence him to a fine or to a term of imprisonment or both. The matter of attorney's fees will be addressed at the hearing on February 11. Service of this order by the Cumberland County Sheriff, by deputizati.on, is authorized. By the Court, -? rq a) r?tr ?t CZ M U) r._ -- Kevin Hess, P.J. mac- ?a? ..r Barbara Sumple-Sullivan, Esquire For the Plaintiff Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 Sheriff -it) bin n '? O1??" P a??s?oXp :lfh EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL-TIA7-: -j V rn cQ -q CIVIL ACTION - LAWr EUGENE ZHARICHENKO, 2009-2211 CIVIL TERM Defendant s --` -tom IN RE : PETITION FOR CONTEMPT OF COURT ORDER OF COURT AND NOW, this 11th day of February, 2011, this matter having been called for hearing, adjudication is again deferred for a period of thirty days on the condition that the defendant respond in writing to all outstanding discovery. Action on the issue of attorney's fees is deferred without prejudice to the plaintiff to advance a claim in that connection. /Barbara Sumple-Sullivan, Esquire For Plaintiff By the Court, Kevin A. Hess, P.J. Eugene Zharichenko 1 1365 Stillhouse Lane ('"r Mad-ad Etters, PA 17319 Pro se Defendant alis/I :bg EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY PENNSI VAXIA_.' , V. NO. 09-02211 -C, cn['- tV EUGENE ZHARICHENKO, CIVIL ACTION - LAWS, . Defendant IN DIVORCE 37c-) zo ca AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: OZ C I EUG A Z CHENKO EUGENIA ZHARICHENKO, Plaintiff V. EUGENE ZHARICHENKO, Defendant 1. 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-02211 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. C) = w -a x cnr- m ? w <a - C) Ac °_ I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unworn falsification to authorities. DATE: O Z L 6 I EUGEN ZHARIC NKO EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 o rn _q EUGENE ZHARICHENKO, : CIVIL ACTION - LAW S Defendant IN DIVORCE ?vT w ca AFFIDAVIT OF CONSENT x o C-_ rv 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 8, 2009. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 6 l EU ENE ZHARICHENKO F C; F, °. ?, Ok COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugene Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Affidavit of Consent are true and correct to the best of his knowledge, information and belief. and subscr'bed to before me this ?' "3ay of , 2011. COMMONWMTN Ot M VANIA NOTARIAL SEAL NOTARY LTC CHERYL R. GARMAN, Notary Public My comet' on expires: Carty HiN i nberNnd CoW?fy My Cuff= es Mey 20, 2012 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 " 3 r+a EUGENE ZHARICHENKO, CIVIL ACTION - LAW ?= Defendant IN DIVORCE rnm :crn -n M ? r '" cn r" co rv -r) ;-,- 70' c) WAIVER OF NOTICE OF INTENTION TO REOUEST Fic:) na CDP ENTRY OF A DIVORCE DECREE UNDER C r, 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S.§4904 relating to unsworn falsification to authorities. DATE: l EU ENE ZHARICHENKO 4 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF &X4-,L?a-4-k ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugene Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Waiver of Notice are true and correct to the best of his knowledge, information and belief. to before me this - day of E 2011. 11 l/ COMMBN#Mfm Of PANNVLI NOTARIAL SEAL. CHERYL R. GARMtAN, Notary Public ;(?( Camp Hill Boro, Cumber 20 2012 FILED-Cl' ' -. ,, T F 0, TKONOTAR ry^?1 F F 23 P" 2' ? MARITAL SETTLEMENT AGREEMENT CLMEN YL?`A4 ATY THIS AGREEMENT, made this d 6 day of e 7P Q /- , 2011, by and between Eugene Zharichenko, hereinafter referred to as "HUSBAND", and Eugenia Zharichenko, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 1, 1990, in Moldova; WHEREAS, two (2) children were born of this marriage being Alexandra S. Zharichenko, born June 22, 1991 and Julia M. Zharichenko, born July 21, 1998; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, February 15, 2011 ?_ L ,- * r HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has chosen to negotiate directly with counsel and/or with his WIFE. HUSBAND is cognizant of his right to seek counsel, but has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, February 15, 2011 2 this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written February 15, 2011 3 interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any February 15, 2011 4 CC 12 rn V- Z- G term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the February 15, 2011 5 laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or February 15, 2011 6 representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. February 15, 2011 7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake or failed to declare income. The party responsible for the mistake or failure shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the February 15, 2011 8 present possession of HUSBAND shall be the sole and separate property of HUSBAND, except for the certain items to be removed from the marital home by WIFE. These items, include, but not limited to, a snow blower, all crystal, gas grill, tool chest and tools (power and manual), a gun safe and guns. The items shall be removed from the marital home by WIFE within five (5) days of the date of this Agreement and shall be the sole and separate property of WIFE. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1.365 Stillhouse Lane Etters Pennsylvania 1) The parties jointly own property at 1365 Stillhouse Lane, Etters, York County, Pennsylvania. Said house is not encumbered with any mortgage lien. HUSBAND desires to maintain said home and reside therein. WIFE agrees to transfer, quitclaim or otherwise convey her interest in the real estate to HUSBAND upon the condition that HUSBAND pays to WIFE the sum of NINETY THOUSAND DOLLARS ($90,000.00) on or before March 14, 2011 by certified funds. HUSBAND shall be solely and fully responsible for all present, past and future real estate taxes, sewer assessments, utilities, insurance and/or any other debts associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and recorded upon the event of HUSBAND's payment of the NINETY THOUSAND DOLLARS ($90,000.00) to WIFE, as well as the TEN THOUSAND DOLLARS ($10,000.00) owed to WIFE February 15, 2011 9 pursuant to Section II, Paragraph 1. B (2) of this Agreement In the event HUSBAND does not qualify for a mortgage to secure the sums due to WIFE or otherwise pay her the ONE HUNDRED THOUSAND DOLLARS ($100,000.00) required by this paragraph, the house shall be immediately listed for sale. Upon sale, WIFE shall be paid the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) or one half of the net proceeds from the sale of the house, whichever is greater. This shall be paid by HUSBAND either prior to settlement or he can satisfy the obligations from the proceeds. Pending any sale, HUSBAND shall maintain the home in good and showable condition. HUSBAND shall continue to be solely responsible for all real estate related costs (taxes, insurance, assessments), maintenance and repairs pending sale. HUSBAND shall indemnify and hold WIFE harmless from all such costs. Pending sale of the house, HUSBAND agrees to pay to WIFE the sum FIVE HUNDRED DOLLARS ($500.00) each month as rental commencing on the date the house is listed for sale until the date of sale. 2) In light of the fact that HUSBAND has resided in the home since separation and there has been no mortgage encumbering the home during that period, HUSBAND shall pay to WIFE the additional payment of TEN THOUSAND DOLLARS ($10,000.00) on or before March 14, 2011 by certified funds. This payment represents payment of one half of the fair market rental value of the marital home as a result of HUSBAND's sole occupancy. Time Share The parties jointly own a time share located in the Poconos, Pennsylvania. Said time share will be the sole and separate property of WIFE. HUSBAND agrees to cooperate and immediately execute any and all documentation, including any deed, if necessary, presented to February 15, 2011 10 n him which may be required to effectuate the transfer to WIFE. C. MOTOR VEHICLES The parties acquired four (4) vehicles during the marriage being a 2007 Honda Accord, 2008 Honda Fit, 2000 Chevrolet Lumina and a Dodge van conversion. WIFE shall have sole ownership of the 2007 Honda Accord and the 2000 Chevrolet Lumina. HUSBAND shall have sole ownership of the 2008 Honda Fit and the Dodge van. Each party hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole and separate property of the other. The titles and insurance to the above vehicles have been transferred accordingly. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed or shall be closed within ten (10) days of the date of this Agreement. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. Each party shall retain sole ownership of all individual titled accounts and the opposite party shall release and revert any and all claims to the individual titled accounts of each other. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, each of the parties have accumulated certain retirement benefits through their employment. WIFE has certain retirement benefits and a 401(K) at Highmark. February 15, 2011 11 E4 HUSBAND has a pension and 401(K) account with UPS Freight. Each party shall each retain ownership of any and all retirement benefits in his or her name. Each party hereby waives, relinquishes and releases any claim to the retirement benefits of the other party. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name for the benefit of the parties' children. Said policy(ies) shall be held in trust for the benefit of each child. Each party hereby waives, relinquishes and releases any claim to the life insurance policies of the other party. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the parties' knowledge, the parties affirm no joint debts exist and all joint credit cards are terminated. Each party shall remain solely liable for debt which is individually titled in his or her name whether incurred during the marriage or after the separation. HUSBAND has an outstanding balance due to Yeshiva Academy and he shall indemnify and February 15, 2011 12 hold WIFE harmless for that debt. SECTION III 1. ALIMONY ALIMONY PENDENTE LITE SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite or maintenance. 2. COUNSEL FEES HUSBAND shall pay the sum of TWO THOUSAND DOLLARS ($2,000.00) towards WIFE's counsel fees in this matter upon his execution of this Agreement. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed E4 NE ZHARICHENKO EUG IA Z CHENKO February 15, 2011 13 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF ( ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugene Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. A armed and rscribed to before me this 1(QW4---day of 6"N , 2011. N COMMON# M TN Of MANIA ar--I-L NNOTARIk L NOTARY LIC CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland Cou* ? My Commission Expires May 20, 2012 My commission expires: 0.l ?i ?f (SEAL) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugenia Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. ibed to before me this day of ? 2011. " COMM6NWfALfiM VANIA NOT L NOTARY P LIC CHERYL R. GARMAN, Notary Public My comm ' n expires: ?® Iger Cann Hill umberland County My es May 20, 2012 February 15, 2011 14 f 2 C?', EUGENIA ZHARICHENKO, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 2211 CIVIL EUGENE ZHARICHENKO, Defendant IN DIVORCE ORDER OF COURT AND NOW, this C?/l day of 1j 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 16, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Barbara Sumple-Sullivan Attorney for Plaintiff Eugene Zharichenko Defendant L49p;e:5 rra,IPd 31311, )W • Kevin Hess, P. J. ` a :J ? r MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of rt.t Ct f , 2011, by and between Eugene Zharichenko, hereinafter referred to as "HUSBAND", and Eugenia Zharichenko, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on September 1, 1990, in Moldova; WHEREAS, two (2) children were born of this marriage being Alexandra S. Zharichenko, born June 22, 1991 and Julia M. Zharichenko, born July 21, 1998; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, February 15, 2011 HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has chosen to negotiate directly with counsel and/or with his WIFE. HUSBAND is cognizant of his right to seek counsel, but has chosen not to retain an attorney notwithstanding the fact that attorney for WIFE has told him that he has an absolute right to be represented by an attorney. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully informed and understands that, had a Court decided this matter, he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights, if any, to utilize the lack of his legal representation as a basis to attack the validity of this Agreement. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, February 15, 2011 2 ? ?? this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written February 15, 2011 3 ?? interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either parry by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any February 15, 2011 4 -Ic ?- I.4- term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either parry. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other parry, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each parry hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the February 15, 2011 5 laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either parry to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or February 15, 2011 6 representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIWAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. February 15, 2011 7 r7 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the parry found to have made the mistake or failed to declare income. The parry responsible for the mistake or failure shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the February 15, 2011 8 92- present possession of HUSBAND shall be the sole and separate property of HUSBAND, except for the certain items to be removed from the marital home by WIFE. These items, include, but not limited to, a snow blower, all crystal, gas grill, tool chest and tools (power and manual), a gun safe and guns. The items shall be removed from the marital home by WIFE within five (5) days of the date of this Agreement and shall be the sole and separate property of WIFE. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1365 Stillhouse Lane, Etters Pennsylvania 1) The parties jointly own property at 1365 Stillhouse Lane, Etters, York County, Pennsylvania. Said house is not encumbered with any mortgage lien. HUSBAND desires to maintain said home and reside therein. WIFE agrees to transfer, quitclaim or otherwise convey her interest in the real estate to HUSBAND upon the condition that HUSBAND pays to WIFE the sum of NINETY THOUSAND DOLLARS ($90,000.00) on or before March 14, 2011 by certified funds. HUSBAND shall be solely and fully responsible for all present, past and future real estate taxes, sewer assessments, utilities, insurance and/or any other debts associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and recorded upon the event of HUSBAND's payment of the NINETY THOUSAND DOLLARS ($90,000.00) to WIFE, as well as the TEN THOUSAND DOLLARS ($10,000.00) owed to WIFE February 15, 2011 9 45-3 pursuant to Section II, Paragraph 1. B (2) of this Agreement In the event HUSBAND does not qualify for a mortgage to secure the sums due to WIFE or otherwise pay her the ONE HUNDRED THOUSAND DOLLARS ($100,000.00) required by this paragraph, the house shall be immediately listed for sale. Upon sale, WIFE shall be paid the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) or one half of the net proceeds from the sale of the house, whichever is greater. This shall be paid by HUSBAND either prior to settlement or he can satisfy the obligations from the proceeds. Pending any sale, HUSBAND shall maintain the home in good and showable condition. HUSBAND shall continue to be solely responsible for all real estate related costs (taxes, insurance, assessments), maintenance and repairs pending sale. HUSBAND shall indemnify and hold WIFE harmless from all such costs. Pending sale of the house, HUSBAND agrees to pay to WIFE the sum FIVE HUNDRED DOLLARS ($500.00) each month as rental commencing on the date the house is listed for sale until the date of sale. 2) In light of the fact that HUSBAND has resided in the home since separation and there has been no mortgage encumbering the home during that period, HUSBAND shall pay to WIFE the additional payment of TEN THOUSAND DOLLARS ($10,000.00) on or before March 14, 2011 by certified funds. This payment represents payment of one half of the fair market rental value of the marital home as a result of HUSBAND's sole occupancy. Time Share The parties jointly own a time share located in the Poconos, Pennsylvania. Said time share will be the sole and separate property of WIFE. HUSBAND agrees to cooperate and immediately execute any and all documentation, including any deed, if necessary, presented to February 15, 2011 10 him which may be required to effectuate the transfer to WIFE. C. MOTOR VEHICLES The parties acquired four (4) vehicles during the marriage being a 2007 Honda Accord, 2008 Honda Fit, 2000 Chevrolet Lumina and a Dodge van conversion. WIFE shall have sole ownership of the 2007 Honda Accord and the 2000 Chevrolet Lumina. HUSBAND shall have sole ownership of the 2008 Honda Fit and the Dodge van. Each parry hereby waives, relinquishes and releases any claim in the vehicle which shall be the sole and separate property of the other. The titles and insurance to the above vehicles have been transferred accordingly. D. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed during the marriage have been divided to the satisfaction of the parties. All jointly titled accounts have been closed or shall be closed within ten (10) days of the date of this Agreement. Each party hereby waives, relinquishes and releases any claims to the financial accounts in the possession of the other. Each party shall retain sole ownership of all individual titled accounts and the opposite party shall release and revert any and all claims to the individual titled accounts of each other. E. PENSION AND RETIREMENT ACCOUNTS: During the marriage, each of the parties have accumulated certain retirement benefits through their employment. WIFE has certain retirement benefits and a 401(K) at Highmark. February 15, 2011 11 HUSBAND has a pension and 401(K) account with UPS Freight. Each party shall each retain ownership of any and all retirement benefits in his or her name. Each parry hereby waives, relinquishes and releases any claim to the retirement benefits of the other party. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name for the benefit of the parties' children. Said policy(ies) shall be held in trust for the benefit of each child. Each party hereby waives, relinquishes and releases any claim to the life insurance policies of the other party. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. To the best of the parties' knowledge, the parties affirm no joint debts exist and all joint credit cards are terminated. Each party shall remain solely liable for debt which is individually titled in his or her name whether incurred during the marriage or after the separation. HUSBAND has an outstanding balance due to Yeshiva Academy and he shall indemnify and February 15, 2011 12 hold WIFE harmless for that debt. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite or maintenance. 2. COUNSEL FEES HUSBAND shall pay the sum of TWO THOUSAND DOLLARS ($2,000.00) towards WIFE's counsel fees in this matter upon his execution of this Agreement. SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed A by th parties. WI E S S E EUGENIA ZHARI ENKO , February 15, 2011 13 ?? &?- COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugene Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed ands ribed to before me this day of , 2011. U d?? COMMON?WEALFH 6FY NIA NOTARIAL SEAL NOTAR rrC CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland County My Connnission Ex res May 20, 2012 My commission expires:/144-7 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Eugenia Zharichenko, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. Affirmed and My AR bed to before me this - (e day of a , 2011. COMMONWEALTH OF PENNSYLVANIA r- ? NOTARIAL SEAL CHERYL R. GARMAN, Notary Public ,I%- Camp Hill Coro, Cumberland County expires:` ecl ? My Commis ft s May 20, 2012 February 15, 2011 14 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, Plaintiff ILE -CF F ICE 1; c 'PRQT}-IONOTAR' 0! 1 vilR -3 A11 ?? 2 COUNTY IN THE C6URaN*1t N PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 EUGENE ZHARICHENKO, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on April 10, 2009, by prior counsel for Defendant, Carol J. Lindsay, Esquire. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: February 16, 2011; by Defendant: February 16, 2011. 4. Related claims pending: None. All claims have been resolved by the parries' Marital Settlement Agreement dated February 16, 2011 5. Date Plaintiffs Waiver of Notice in §3301(c) February 22, 2011. Date Defendant's Waiver of Notice Prothonotary: February 22, 2011. , Dated: ?,) ? I 1I filed with Prothonotary: DiWWe was filed with Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 EUGENIA ZHARICHENKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-02211 EUGENE ZHARICHENKO, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mr. Eugene Zharichenko 1365 Stillhouse Lane Etters, PA 17319 DATED: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF EUGENIA ZHARI'CHENKO CUMBERLAND COUNTY, PENNSYLVANIA V. EUGENE ZHARICHENKO NO. 09-02211 DIVORCE DECREE AND NOW, r+,..?. #a , 2-4 ), , it is ordered and decreed that EUGENIA ZHARICHENKO , plaintiff, and EUGENE ZHARICHENKO , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains Jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. All related claims have been resolved by the parties' Marital Settlement Agreement dated February 16, 2011. Said Agreement shall be incorporated, but not merged into this Divorce Decree By the Court, J. QL DRV 6 .1BUELLI Pr thonotary 3?1?1ir - Cef+ Copy rywiled -to odtq Zuf*6- %5uJUva n W"W 4-CApy MC.lead 40 deaf