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HomeMy WebLinkAbout01-2260 In The Court of Common Pleas of Cumberland County, Pennsylvania Janna Leigh Mekulski, CML ACTION - LAW Plaintiff, ACTION IN DIVORCE 2c, o I- 22L~0 Brian Gregory Mekulski, COMPLAINT IN DIVORCE Defendant. Filed on behalf of Plainfiff, Janna Leigh Mekulski. Counsel of record for this party: PeterJ. Daley and Associates, P.C. Peter J. Daley II, Esquire 218 Wood Street California, PA 15419 Phone: (724) 938-8953 Facsimile: (724) 938-8959 Atty. I.D. # 70244 ! I Janna Leigh Mekulski, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, · CUMBE~D COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW Brian Gregory Mekulski, · ACTION IN DIVORCE : Defendant. : NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your child. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary in Cumberland County. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUIA/IENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOUI~D 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 I,EGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17012 (717)249-3166 Janna Leigh Mekulski, : IN THE COURT OF COMMON PI.EAS : OF Plaintiff, :CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW Brian Gregory Mekulski, : ACTION IN DIVORCE · ~/~.o/..~t.o ~ -F'~ Defendant. : · Complaint Under Section 3301 of the Divorce Code 1. The Plaintiff isJanna Leigh Mekulski, who currently resides at 27 Drexel Place, New Cumberland, PA 17070, Cumberland County, Pennsylvania 2. The Defendant is Brian Gregory Mekulski, who currently resides at 707 Apple Drive, Mechanicsburg, PA 17913, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the fding of this Complaint. 4. The Plaintiff and Defendant were married on August 8, 1998, at St. Joseph Catholic Church, Mechanicsburg, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldier's & Sailor's Civil Relief Act of the Congress of 1940 and its amendments. 7. Haintiff and Defendant separated on or about August 22, 2000 and resumed co-habitation on January 7, 2001 and were separated again on or about February 27, 2001. 8. There has been no prior action for divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The parties have not entered into a written agreement as to support, custody, visitation of the children, alimony or property division. COUNT I REO_..UEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 11. The prior p~r~r~phs o£ this Complaint are incorporated herein by reference thereto. Page 2 of 5 ! 12. Defendant has offered such indignities to the Haintiff, who is the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. 13. The action is not collusive, as defmed by §3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to {}3301 (a)(6) of the Divorce Code. {~OIJNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORGE GODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to {}330 l(c) of the Divorce Code. Page 3 of 5 COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have rived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the court to enter a Decree of Divorce, pursuant to §330 l(d) of the Divorce Code, at the appropriate time. COUNT IV REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTION 3701 AND SECTION 3702 OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of litigation. 20. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. Page 4 of 5 21. Plaintiff requests the Court to enter an award of alimony pendente lite until final heating and thereupon to enter an Order of alimony in her favor, pursuant to {}3701 and {}3702 of the Divorce Code. 22. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until fmal heating and thereupon to enter an Order of alimony in her favor, pursuant to {}3701 and {}3702 of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsii~cation to authorities. Dated: , , II for Haintiff E:~OItMb'l~Divorce~mekulskijmmnnm.divorcecompl4.2.01.vvpd Page 5 of 5 SHERIFF' S RETURN - OUT OF COUNTY CASE NO- 2001-02260, P COMMONWEALTH OF PENNSYLVJ~XlIA- o CQIrNTY OF CUMBERLAND MEKULSKI JANNA LEI GH VS MEKULSKI BRIAN GREGORY R. Thomas Kline , Sheriff or Deputy Sheriff who bein9 duly sworn accordin~ to law, says, that he made a dilic~ent search and and inquiry for the within named DEFENDANT , to wit- MEKULSKI BRIAN GREGORY but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of LANCASTER County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On May 22nd , 2001 , this office was in receipt of the attached return from LANCASTER . Sheriff's Costs- Docketing 18.00 Out of County 9.00 Surcharge 10.00 s Kline Dep Lancaster Co 40.16 f of Cumberland County .00 77.16 05/22/2001 PETER J DALEY & ASSOC Sworn and subscribed to before me this ~'~ ~. day o f ~ ~..~/ A.D. SH RIFF'S 0 FIC 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 · (717) 299-8200 · SHERIFF SERVICE PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT DETACH ANY COPI;S. 1. PLAINTIFF/S/ Janna Leigh Mekulski 2. COURT N'UMBER 3. DEFENDANT/S/ 2 0 01 - 2 2 6 0 Brian Gregory Mekilski 4. TYPE OF WRIT OR COMPLAINT: ~ 5. NAME OF INDIVIDUAL, COMPANY, CORPORA~C., TO BE SERVED. Divorce SE~¥E J Brian Mekulski ~-- 6. ADDRESS (Street or RFD, Apartmer!!... No., '...C4ty~~~~~...a~lP Code) AT ~* ~e:~t Ayahs L'a~:''' Street, Marietta. PA ..~.. ~.. ....... . ................ :i-Biddle 7. INDICATE U~-'~'~'A~ ~ '~ ~ ~ OTHER ' ' Now, ~ 4 20 01 , I, SHERIFF OF ~::~!~I~:R COUNU~~._d~e~~y deputize t_.h~riff of r;Rn(,~.~ ~- Pr County to execute thi: th cDr.., ing to law. This deputation being made at the request and risk of the plaintiff. 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SI~RVICE: (' Works Tuesday- Saturday ."'-'.-,. c 0 CUMBERLAND CO ------ .______.____._. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION. N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such_ ~ to any ~ for any loss, destruction or removal of any such pr.._~Ol:)erty before sheriff's sale thereof. ~ 10. TELEPHONE NUMBER PETER DALLY (724) 938-8953 4/18/01 12. SEND NOTICE OF SERVICE COPY T~) NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) PETER J DALLY & ASSOC ' CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELO~W THIS LINE 13. I acknowledge receipt of the writ ~ NAME of Authorized LCSO Deputy or Clerk 14. Date Received 15. Expiration/Hearing date or complaint as indicated above. "a~ETTE WALTON 717-295-3609 5/9/01 May 17,2001 16. I hereby CERTIFY and RETURN that I~have personally served, [] have legal evidence of service as shown in "Remarks", [] have executed as shown in "Remarks", the writ or complaint desdribed on the individual, company, corporation, etc., at the address shown above oron the individual, company, cor- p_._~_oration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17. E]I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) -"' 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. E1No Service See Remarks Below (No. 30) 20. Address of where served (complete only if different than shown above) (Street or RFD, Apartment No. City, Boro, Twp. 1~ 22' Time State and Zip Code) , -- 23. ATTEMPTS  Oep. I-T~. 24. ~sts _ R 1' ~"~9"~ 100.00 30.50 J "'~..~~u~.i:.~..~.r'. 2~ ~'.CQsts 9. COSTDU,~ 30. REMARKS' · ?,')~. so 4NSWE..~ 31 AFFIRMED and subscribed to before me this _.____~/. 32. Si.nature of ~- ~' ~~ 34. Dap. ~eriff ~ 133. Date 37. ' / / , ~36. Dat Prothonotary/ · :~--7 MY COMMISSION EXPIRES 1. WHITE - Issuing Authori~ 2. PINK - AEorney 3. CANARY - Sheriff's Office 4. BLUE - Sheriff's ~ice '-' .... *" 'S 'H RI F'S OFFIC , 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA17608-3480 . (717) 299-8200 ' SHERIFF !SERVICE '~,, "~"" PLEASE TYPE PROCESS RECEIPT,-i. and AFFiDAviT OF RETURN .... 1. PLAINTIFF/S/ m'" DO NOT DETACH ANY C, oPIES..:....,~,.~..,,. · · £NDA~-T/S~ ..... ' ......... .. ;-,.._ .. ..... .,_.~ .... _ "'~.-"-:.:'..,' i~ .... '._' i: !'".':'.. Z--"~~~'-dF"~DIVID~&L, COMPANY CORPORATION ETC  ~-' ~' ~ ,:'". ": ;"" ?.. ;~. 1; :, .~-~ :.. -; ' , ., TO BE SERVED. - ............. _ ~ ,6. ADDRESS (Street or RFD, Apartment No City Boro Twp State and ZIP Cod ' AT ~~;'.'~.-.':":: ~ .... '.' :'-,. ~ ~ ..... ,, ". .... ~ ................. .' '~ ' · ' ' · ·:. (.:'1, t' .. ~' ~.'.,~. ;.'! !o .; 1¢.,' C.? , '.~ :"'~ ~'- '-" t": .' ~ . · ' · '-~ · ~ .... .,: t, r'- ! ~'~ r"~ '. ,: '~ ~ -, ........ ' '. ..... ~ , .'.-' t- .... ~.~' .-., .~ · .., . . .... ! 7. INDICATE UNUSUAL" SERVICE: [] DEPUTIZE E] OTHER '"~ 7r','-','~ .-. -,. · .... ,...; - ' ' ~ ' ~ .... "' ' '" "~' '"' -'"- ~'~:." .": ." ~':: i ! Now, ?..,3,... ~ 20 ..(' ~- · '1 SHERIFF oF:~,-,~~ER COUNTY, PA., do hereby deputize the Sheriff of " ~t~ ~r°i:~ltoYft~heeX-~J .this Writ and make return thereof ill ._ ---_ . . t.e. s.~,,,, to law. This deputation being made at the re~lue n - 8. SPEClA e plaintiff..2. _____ ------_------ according .~-; [ . ; · · ~: :' . , '~.,...., .,- ,~ ¥- f, ,..., -..- · .: .'-- ~, ~ ;' :::-' r':. ,-'., ,: .~. ~-.~ ....-::: ,......:!? ~ ~ :...., ,! ¢' · ~[' ~:',U:'-': i'.';., i:. '? 5~-:',.. ;~7 !;.; :"., -, .... ,,,....- NOTE ONLY APPLICABLE ON ~RIi' OF EXECUTION: N.B. ~AIV'"~'~~ OF'WA?CHMAN _ Any deputy sheriff levying upon or attaching any property under within writ may leave same without a Watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without i the part of such deputy or the eh?riff to__~ny plaintiff herein for andy toss destruction - '~'. --- -- --- ~ " · . ., . liability on · :"¢4 ~ ~,..^.u.~ o, o_. re~o.a, o, ~"er,.'s.a!e ~ereo,. '.?. ¢:; . "°"C".°'. __L_ :, ,, -' .-... ,. . , 'i..~2. SEND NOT~C£ O~ S£RV~C£ CO~,Y ~O ~E ~) ~O5~£S~ a~LSW- T~, ar , .---.--- :.;.?':' ~:;:;? : :'", ..-...' ; ..... -"'*~i[ ,~.._ ...--& ml)l®l®d if not~c~ ~s to · -.. ,. ,.... ' .......... ' ............. ..-'..~ ;'~;.O;i ' ~)e me,led) ".., ... :'~"'"'-"*'" :,:"'"" '-, ?'. ""..' ! J': (.:L.;- :~;i;'~"¢,, 'r .,.; ...... ~..~.. ,, -"' .... ted above. ~ z~'-.*,N.' .,;....,r,..,~ ;..... .', ,, - ,.,..,-. ............. . ~-. ~vuo · · . :'?:" ,.., .ere.. C...,.. a.....U.N,..:' '.ave e. ::~ ...,.a,, , a.:, kSet(~ th_e..,wr, t o.r.complaint des ed onPth Ofa~h~*ce as shown in "Remarks", E] have executed as shown in .-..... , ., a[ [ne address inserted below by handing, aTRUE ~ind' ~'-TTi~ED COPY tl~ere;i address shown above or on the individual, company, cor- f 7. [] I hereby certify and return a 01'.' FOUND becaase I am unable'-;to'.locate the individual, company, corporation etc., named above. (See remarks below) N ~' .... - .... ' ' 18. Name and title of individual served:(if ~, ; " ' : See Remarks Below (No. ,30) ~!' 20'Addres~erved(c°mplet' ' ove)(~treetorRFD, partment No., City, aoro, Twp. State and Zip Code) AM M~~ "' ' I '":'; .... ;'" ':' ;;'? ~':F~S.T 23. ~I'TE . ./':':; ....... ".,' · - ..... , ; EDST '"*'""ce °°"' I ...... "" '. 30. REMARKS:"'~'~-~ :'"' ...... ' ,~ . r' I "" '"; ":'" r .'' · S.T.A.' -,.. . · ~. . . .. .. ?-:i;-' ' - ' " ' ": "~" "' ,': .... ~ . . · ... .. ;:!.'~;, · . .: ' · ........ · : ." ,,. ....... ;~.;.i:_:.:,---- , __ .. .... . ... . , . ..... i:::""31. AFFIRMED and subscr, ibed to before me thi~ ~ "/ ~ ~L : : ~ ; ' ;: "' ; '" ; ...... , .... '' so'~s~.-~ "" F.-:L;.. . .. . ." ::"i",. ,a, o, ....... ; ~ -~ ~,-,,; ,-- ..¢ .:.. ~ . .- _ . . '%.,. .....~,~':.;:.:.-;~, ;'::~. ,,- ."' :.,...,; .' ; --" -, ... -. ..... . .? . · MY COMMISSION EXPIRES '" ,': ... · . · , ,,~..¢, . 1. WHITE - Issuing Authority 2. PINK - Attorney 3..'cANARy. Sheriff's OffEe 4; BLUE- Sheriff's Office ~ "'"'"iJ'"J. ~ ~E~i~ "~' ? '~ ...%. . . . . . '... ~ .'. - · -..,- 3n the ~ourt of ~ommon 'l~leao o.f · umberlanO ~ount~, 'l~enno~l~an~a JANNA LEIGH MEKULSKI, CIVIL ACTION LAW ACTION IN DIVORCE Plaintiff, VS. No. 01-2260 MARRIAGE SETTLEMENT AGREEMENT BRIAN GREGORY MEKULISKI, Filed on behalf off Plaintiff, Janna Leigh Mekulski. Counsel of record for this party: Defendant. PeterJ. Daley & Associates, P.C. PeterJ. Daley II, Esquire 218 Wood Street California, Pennsylvania 15419 Phone: (724) 938-8953 Facsimile-(724) 938-8959 Atty. I.D.//62925 JANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA · · CIVIL ACTION - LAW vs. . ACTION IN DIVORCE BRIAN GREGORY MEKULSKI, ' · Defendant. ' No. 247 of 2000-C lf~arria~te ~¢~tlement ~~ireement THIS AGREEMENT made this ~0'~'~ay of' ~~/~/~-~ 2001, at Cu~bed~nd County, Pennsylvania, between Jann~Lei~~Mekuls~, hereinafter referred to as ,,~~,, n Brian Gregory Mekulski, hereinafter referred to as "HUSBAND" WITNE$$ETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 8, 1998; and WltE~, unhappy differences have arisen between the parties, and as a result they have lived separate and apart since February 27,2001; and WHEREAS, a proceeding for the divorce of the parties has been filed by the Wife in the Court of Common Pleas of Cumberland County, Pennsylvania at the above number and term and served on the Defendant, Brian Gregory Mekulski, on May 10, 2001; and WHEREAS, it is the desire and intention of the parties to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the settling of all matters between them relating to the ownership of real and personal property; (2) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and intending to be legally bound hereby, the parties agree as follows' 1. AGREEMENT PREDICATED UPON DIVORCE. It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other that, as defined in the Divorce Code, their marriage is irretrievably broken. The parties agree to take all legal steps (including the timely and prompt submission of all documents and the taking of all actions) necessary to assure a divorce pursuant to Section 3301 (c) of the Divorce Code is entered as soon as possible. To that end, the parties agree to execute and promptly file affidavits of consent required to obtain a divorce pursuant to Section 3301 (c) of the Page 2 of Il Divorce Code within ten (10) days of the execution of this Marriage Settlement Agreement. The parties agree to waive any notice required under the Pa. Rules of Civil Procedure, or under local rules. Husband shall be responsible for the prompt filing of the Praecipe to Transmit the Record. 2. ADVICE OF COUNSEl. Wife has been represented by PeterJ. Daley II, Esquire, of PeterJ. Daley & Associates, P.C. Husband has chosen not to retain legal counsel and Husband has chosen instead to negotiate directly with Wife and Wife's counsel, notwithstanding the fact that counsel for Wife has advised him that he has an absolute fight to be represented by counsel. Husband hereby acknowledges that he has done so willingly and that he fully understands the relevant law (including having reviewed the Divorce Code). Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the asset, liabilities, income [and expenses] of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Page 3 of II dffre °Wled~e 'each o£,. -e £Oreffo' ~ol ernent is ~ ' ao~ a~ the Dartie_ _ ~og, the ~ '°otarib. ta~r, ~e~ ct ha~_ s th~ther ~~Oes tbeit o,.._ ~~,~ % e~loSio~ ~_ ~t ~ts e~eeoti ,t ~t ~s bei,~celblly and '~ Co~,~ ~~I_ ~ ~Od/o~ . ~o~ &_ "g e~t° ~Oll~ er& Se~ ~~o 'os ~. e re ~ero U th ori,_ aDa rt - °sba~ ~ eedi~ ~ ~ ~a v~ O theh. sable >, Ccopatio,~ ePamte. Pectsas~,,' . cart of . ' ~ als % '" Pro~_ . Use or ~ ~Yas i to, Or res.. e ther N, ' . O~sio~ sa - ~io~ Oe e "enefit, c rShe VPe/or _ ~ ~storh or~ ~°ation of ,~ °f tbe un, c~, hO~ev¢ ~O~ch to artec,. ,aalivn ~neir li. ~ ~a~ulv % to b~ whatso~ w- to co~_ o, each ot~ ~nff apa~' "ess of t~ c an ~ent o~ ~th hi~ e Other ~ the res~ qSbaod~ ~Ses ~ ' °t~er k Or her ~. o c%abi, ~ective~~ ~o~ ~~ ~*o~ oosin_ ' ~ Vei,~ · or ~._ ~ilios ~crtY~ow~ ',cas actiD~' "'erpart.. . ~weYbya~ ~ °lbacb ~~ed or her~ ~~' or ~h ~;hall '~ter~ y~ea°s °r catie~ac~ t~e OSe ,e ~ith ,~ ~e~ ? th 4 of e o ~ o~ ~ ~ ther. 5. ,- · Each part hereto r the other · . .. ~rom all clmms, habd~ties, debts, obli,~ation .... , . y eleases ~ ~, ~tcuons, anc~ causes of action of every kind that have been incurred relating to or arising from the marriage between the parties. However, neither party is relieved or discharged from any obligation under this Agreement or any other instrument or document executed pursuant to this Agreement. · 6. WAIVER OFESTATE CLAIM. Except as otherwise herein provided, each party hereby waives, releases, and relinquishes any and all fights that he or she may now have or may hereafter acquire as the other party's spouse under the present or future laws of any.jurisdiction. (a) to elect to take against any will or codicil of the other party now or hereafter in force; (b) to share in the other party's estate in case of intestacy; (c) to act as executor or administrator of the other party's estate. 7. warrants to the other that he or she has not incurred an~ Each party represents and will not incur any debts, obligations or other liability, other than those already described in this Agreement, on which the party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking to hold the other party liable of any debt, obligation, liability, act or omission of such party, such party will, at his or her sole expense, defend the other against any claim or demand, whether or not well founded and that he or she will indemnify or hold harmless the other party in respect to all damages resulting therefrom. Page 5 of II Each party agrees to indemnify or hold the other party harmless from and against all obligations of any k/nd incurred by them by prev/ous COnduct, and for all fUture actions or °bligations, pursuant to the terms of the w/thin Mar/tal Settlement Agreement. 8. ~. The parties hereto each COvenant, warrant, represent and agree that each will now, and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, liabilities incurred by the other prior to or after the effective date of this agreement, except as otherw/se specilically provided for by the terms of this Agreement. and COmplete d~ · Each party asserts that £ull 'sclosure o,~ .. he o t all of the real an-~ - r o,,c has made a nature and wheresoever located belong/ng in any way to each of them, of all debts ~' personal property of whatsoever and encumbrances incurred in any manner whatsoever by each of them, of all SOurces and amounts °fincorne received or receivable by each part, and of every other fact relatingin any way to the subject matter of this Agreement. These disclosures are part of the Consideration made by each party for entering into this Agreement. to be void If anyProvision of this Agreernen '. or unenforceable, all of the other nr ,,;-:_ _ tis held continue in full force and effect. '- °~'a~°ns tiereof shall nevertheless Page 6 of I I · ~' ~~~~r~ON_OFoT _ demand execute any oth~NT$. Each .party shall on ' uOCUments that may be necessa~ or the pro~sions of this Agreement. ad'sable to carry out 12. ~ agreement o~the parties and there are n~ This instrument contains the entire representa6ons, warranties, COvenants, or underta~ngs other than those expressly set forth herein. of the pro~sions of thio ~-- ~. A modi~cation or Waiver of any ~ agreement shall be effective only if made in writing and executed by both parties Mth the same formality as this either party to insist upon strict performance of anyAgreement' The failure of of the pro~sions of this Agreement shall not be construed as a W~ver of any subsequent default of the same or similar nature, and either party, or their estates or heirs, shall have the right, by suit or Othe~se, in law or in equity, to enforce this Agreement. become ffec · This Agreement Agreement. parties as of the date of execution of ~11 this othe CE DEC~E . .... ~u hereto, this Agreement s effect after such time as a final decree in divorce may be entered. Husband and Wife agree that the terms of this Agreement shall be incorporated into any diVorce decree Page 7 of II which may be entered with respect to the parties. The parties further agree that the Court of Common Pleas which may enter such divorce decree shall retain continuing jurisdiction over the parties and the subject matter of the Agreement for the purpose of any enforcement of any of the provisions thereof. 16. If either party shall default in the performance of any of the provisions of the' Agreement, and if the other party shall institute a legal proceeding to enforce the performance of such provisions by the defaulting party, then the defaulting party shall pay to the other party the costs and expenses incurred by the other party, including reasonable attorney's fees, in connection with such proceeding. The provisions of this Article shall be in addition to and without prejudice to any other rights and remedies to which the aggrieved party may be entitled. 17. GO~VERNING LAW. This Agreement shall be constru accordance with the laws of the Commonwealth °fPennsylvania which are in ed in as of the date of execution of this Agreement. effect 18. H~ING$. Any headings preceding the text of the paragraphs hereof are inserted solely for convenience or reference and shall not constitute a part of this Agreement, nor shall they effect its meaning, construction, or effect. 19. Page 8 of I I a. Personal Property Except as herein provided, all personal property now in the possession or control of the Husband shall be the sole and exclusive property of the Husband, and all personal property now in the possession or control of the Wife shall be the sole and exclusive property of the Wife. b. MOtor Vehicles The parties hereto agree that Wife shall retain the 2000 Ford Explorer, and Husband shall waive any and all interest he may have to said vehicle. Husband shall retain the 2001Jeep Wrangler, and Wife shall waive any and all interest she may have to said vehicle · · 20. ~~_]_0~~. The parties hereto forever waive any and all interest and rights he or she may have in the other party's pension or pensions or employment benefits through their respective employment during the course of the marriage. The parties acknowledge that they have each fully disclosed their respective pension information and employment bene/its through their respective employment. 21. ~~T_.I_~. The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax COunsel prior to signing the agreement and that they have had the opportunity to do so. Page 9 of II 22. AT.TMONY, AI.TMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES AND COSTS AND ANY AND AT.I. RIGHTS PROVIDED BY THE DIVORCE CODE OF PENNSYLVANIA OR ANY OTHER RIGHTS BASED ON ANY OTHER LAW OR SOURCE. Thc · hereto hereby agree to waive the fight to seek Alimony, Alimony Pendente Lite, Spousal Support, Counsel fees and costs and further waive any and all rights or privileges provided by the Divorce Code of Pennsylvania or any other fights based on any other law or source forever. IN WITNESS WHEREOF, the parties, intending to be legally bound hereby, have hereunto set their hands and seals on this Agreement the day and year first above written. WIT't '"~' ( ~/-/d~ SIGNED' ~/~~ - 0 yANNA LI~IGHt MEKULSKI,- ' WIFE HUSBAND Page I0 of I I · COMMONWEALTH OF PENNSYLVANIA . C 0 UNTY OF ~,,~ AND NOW, this.,~~ay of,4 ,2001, before me, the undersign fficer, personally appearedJa~l~la Lelg]l l~IeIl~own to me (o ~--:~,' ..... ed o person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged v r ~',u~ac~only proven) to be the the same to be her act and deed and desired the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA . C 0 UNTY' OF ~. AND NO.W, this~ day of ,' . ,2001, before personally appeared I~ria~l Gre~'o~.,, ~~ me, the undersigned officer, be the person whose name is subscribed to the within Marriage Settlement Agreement and c, -a' "x~alll~ki~ known to me (or satisfactorily proven) to acknowledged the same to be his act and deed and desired the same to be recorded as such. IN WITNESS WHEREOF, I hereunto set my hand and ofticial sea/. · My Commission Expires: Page II of' II ~.~. · ,~ .. · ? ~'. ~ .:.', ~. ~'. '.:.... : . -.. ,?. ~,-"'~ ~.-:'-, · . .-2---" '"':- "'~'2 . -~..:.'., ~. .... In the Court of Common Pleas of Cumberland County, Pennsylvania JANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE Plaintiff, NO. 01-2260 AFFIDAVIT OF CONSENT vs. Filed on behalf off Janna Leigh Mekulski, Plaintiff. BRIAN GREGORY Counsel of record for this party: MEKULSKI, PctcrJ. Daley & Associates, P.C. 218 Wood Street California, Pennsylvania 15419 Defendant. Phone' (724)938-8953 Facsimile: (724) 938-8959 PeterJ. Daley II, Esquire Atty. I.D. # 70244 ! ! JANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, 'CUMBERLAND COUNTY, PENNSYLVANIA VS. · CIVIL ACTION - LAW BRIAN GREGORY MEKULSKI, · ACTION IN DIVORCE Defendant. · No. 01-2260 Affidavit of Consent 1) A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 18, 2001. 2) The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Date: t~" "l'~ ~I ~U~L~~ In the Court of Common Pleas of Cumberland County, Pennsylvania JANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE , Plaintiff, NO. 01-2260 WAIVER OF NOTICE vs. Filed on behalf off Janna Leigh Mekulski, Plaintiff. BRIAN GREGORY Counsel of record for this party: MEKULSKI, PeterJ. Daley & Associates, P.C. 218 Wood Street California, Pennsylvania 15419 Phone' (724) 938-8953 Defendant. Facsimile: (724) 938-8959 PeterJ. Daley II, Esquire Atty. I.D. # 70244 JANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, 'CUMBERLAND COUNTY, PENNSYLVANIA VS. · · CIVIL ACTION - LAW BRIAN GREGORY MEKULSKI, · ACTION IN DIVORCE Defendant. · No. 01-2260 Waiver of Notice of Intent to Request Entry of Divorce Decree Under Section 330I(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 with be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements ,.herein are made su~bject to the penalties of18 PA C.S. § 4904 relating to unswor,~ falsification to authorities. ~~ A LE~GH M~KULSKI In the Court of Common Pleas of Cumberland County, Pennsylvania JANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE Plaintiff, NO. 01-2260 AFFIDAVIT OF CONSENT VS. Filed on behalf off Brian Gregory Mekulski, Defendant. BRIAN GREGORY MEKULSKI, Counsel of record for this party: Defendant. JANNA LEIGH MEKULSKI, ' IN THE COURT OF COMMON PLEAS · OF Plaintiff, 'CUMBERLAND COUNTY, PENNSYLVANIA VS. · CIVIL ACTION - LAW BRIAN GREGORY MEKULSKI, · ACTION IN DIVORCE · Defendant. · No. 01-2260 Affidavit of Consent 1) A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 18, 2001. 2) The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. In the Court of Common Pleas of Cumberland County, Pennsylvania JANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE Plaintiff, NO. 01-2260 vs. WAIVER OF NOTICE Filed on behalf off BRIAN GREGORY Brian Gregory Mekulski, Defendant. MEKULSKI, Counsel. of record, for this party: Defendant. JANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, 'CUMBERLAND COUNTY, PENNSYLVANIA VS. · · CIVIL ACTION - LAW BRIAN GREGORY MEKULSKI, · ACTION IN DIVORCE Defendant. · No. 01-2260 Waiver of Notice of Intent to Request Entry of Divorce Decree Under Section 330I(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 with be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1 PA C.S. § 4904 relating to unsworn falsification to authorities. Date' BRIAN Gi~ZGORY MEKULSKI 3n the ~ourt of ~ommon 'l~leao of · umberlanO ~ount~, 'l~enno~loania JANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE Plaintiff, No. 01-2260 AFFIDAVIT OF NON- vs. MILITARY SERVICE Filed on behalf of: Plaintiff, Janna Leigh Mekulski. BRIAN GREGORY MEKULSKI, Counsel of record for this party: Peter J. Daley and Associates, P.C. Peter J. Daley II, Esquire Defendant. 218 Wood Street California, PA 15419 Phone' (724) 938-8953 Facsimile: (724) 938-8959 Atty. I.D. ~ 70244 JANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plaintiff, · CUMBERLAND COUNTY, : PENNSYLVANIA vs. : ACTION IN DIVORCE BRIAN GREGORY MEKULSKI, : : No. 01-2260 Defendant. : COMMONWEALTH OF PENNSYLVANIA · COUNTY OF WASHINGTON ' Personally appeared before me the undersigned, a Notary Public in and for said County and State, Peter J. Daley II, Attorney for the Plaintiff and duly authorized to execute this affidavit, and states that the affiant knows of his own knowledge the Defendant herein to wit: Brian Gregory Mekulski, is not in the military service as defined in the Solders' & Sailors' Relief Act of 1940 and Amendments there to for the following reason: Defendant currently resides at 707 Apple Drive, Mechanicsburg, Pennsylvania. Affiant fimher says that the obligation sought to be enforced in this suit is not an obligation against a surety, guarantor, end ther person liable, primarily or secondarily, for a part in the military service. s._~-_--ibed Sworn and to before/~e this ~/' "day of~/~, 200/. . . n:' ~... " :,~, .- ,.\,' .... NOTARY PUBLIC Notarial Seal - '! I Julie w~"s't~'iTNbtary public _ My commission expires' Bore, Washington County ~mbor, ~,nnsyhtania ^ssociatm ol G:\CtA~NT$~/~kul~ki, JannaL~igh\Non-Milita~ ^ffida¥it.wpd 3n tl~e ~ourt of ~ommon *l~leao · umberlan~ ~ount~, 'l~enno~l~an~a _ · , ]ANNA LEIGH MEKULSKI, CIVIL ACTION - LAW ACTION IN DIVORCE Plaintiff, No. 01-2260 PRAECIPE TO TRANSMIT vs. RECORD Filed on behalf of.' Plaintiff, Janna Leigh Mekulski. BRIAN GREGORY MEKULSKI, Counsel of record for this party: Peter ]. Daley and Associates, P.C. Peter .l. Daley II, Esquire Defendant. 218 Wood Street California, PA 15419 Phone: (724) 938-8953 Facsimile. (724) 938-8959 Atty. I.D. # 70244 JANNA LEIGH MEKULSKI, ' IN THE COURT OF COMMON PLEAS o OF Plaintiff, · CUMBERLAND COUNTY, · PENNSYLVANIA VS. . · ACTION IN DIVORCE BRIAN GREGORY MEKUI,SKI, · ' No. 01-2260 Defendant. · 'l raecipe to e ranamit I ¢cor To the Prothonotary: Sir or Madam: Kindly transmit the record, together with the following information, to the court for entry of a divorce decree. 1. Ground for divorce: irretrievable breakdown under DRC § 3301 (c). 2. Date and manner of service of the complaint. May 22, 2001, personal service by the Sheriff of Cumberland County. 3. Date of thc execution of thc affidavit of consent required by DRC § 3301 (c). by plaintiff, September 9, 2001, by defendant, October 23, 2001. 4. Related claims pending: None. . 5. Date of Plaintiff's Waiver of Notice in §3301 (c) divorced was filed (a): by plaintiff, September lff~. 0 , by defendant, November 15, 2001. Atto: ~n the ~ourt of ~ommon ~aobin~ton ~ount~, JANNA LEIGH CIVIL ACTION - LAW MEKULSKI, ACTION IN DIVORCE No. 01-2260 Plaintiff, AFFIDAVIT OF SERVICE VS. Filed on behalf off Plaintiff, Ianna Leigh Mekulski. BRIAN GREGORY MEKULSKI, Counsel of record for this party: Peter J. Daley & Associates, P.C. Peter J. Daley II, Esquire Defendant. 218 Wood Street California, PA 15419 Phone' (724) 938-8953 Facsimile' (724) 938-8959 Atty. I.D. #70244 IANNA LEIGH MEKULSKI, · IN THE COURT OF COMMON PLEAS · OF Plain~, ' WASHINGTON COUNt, . PENNSYLVANIA VS. BRIAN GREGORY MEKULSKI, ' CML ACTION - LAW · ACTION IN DIVORCE Defendant. ' · No. 01-2260 .' ffiO x, it of ¢rx, ic¢ COMMONWEALTH OF PENNSYLVANIA ' COUN~ OF WASHINGTON ' Before me, the undersigned authority, personally appeared, Peter J. Daley II, Attorney At Law, who says that he has this 10~ day of May, 2001, caused a true and correct copy of the foregoing Complaint in Divorce to be served upon the Defendant, Brian Gregory Mekulski, at his place of employment at Wyctt Ayers Laboratories, 206 North B iddle Street, Marietta, Pennsylvania, by Deputized/Servi through Lancaster County, Pennsylvania, evidenced by the Sheriffs Return :hed hereto. :y for~ laintiff Sworn to and subscribed .. ~"~. before me this //q~/~ day of December 2001. . .: · . .~.... ,.. ~ t?". ~j~.'~:"%71 .,,'~ ." · % X :~ ............'"N'" /N~ary Public % e ,~2 .,.. -~\ ,,,' My Commission Expkes' '?- · SHERIFF'S OFFICE ; 50 NORTH DUKE STREET, P,O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 ° (717) 299-8200 SHERIFF SERVICE ~ PLEASE TYPE PROCESS RECEIPT, and AFFIDAVIT OF RETURN I DO NOT DETA__C_H ANY C PIES. 2 COURT NUMBER 1. PLAINTIFF/SI I 2 0 0 ]-- 2 2 6 0 Janna Leigh Mekulski ~RIT O'R~PLAINT 3. DEFENOANT/S/ I D iv O r c e Brian Gregory Mekilski 5. NAME ~AL, COMPANY. CORPORATI~:' TO BE SERVED. , 6. ADDRESS .(Street or RFD, Ap~rtme~t.-;N6;ii:,.'cit¥:'''.~~p~';' 'S'':'tate'; an~l Z::IP .Code) ~ERVE ~_ Brian Mekulski ~'"6:! . W~e..~:i..[.:.:...A.y..e..rs.....:L.~b,.~;~.~!~i~:~..:.i~,.~;,i .?i:.~i!:..,.-Bi.dd:i.e.-.' Street, Marietta, PA. AT '.,-::..' ..... .'. "- ' ..... ' "~':::-" '" """ "'"""'": ......... :'" ' ....... 7. INDICATE UNUSUAL' SERvIcE~ ~ ~ ~ oTHER ' ' ~']-]'iTI~T' ~ he deputize the~,S._,i3,eriff 3f --~ow Ma_Y 4 -- 20 01 ,, SHERIFF OF ~E[R co. U.N..TY,,.P.~v,~~Y~,,t.r~ ' __ County to execute tn~;lll~'~ ~ ~"~~~' -~'--~"~ t~; ~ and risk of the pla,nt,ff. ~ "" SHERIFF bFLANCAS¥.~.I~ COUNTY ~o law. This deputation being made at VICE: ... Works Tuesday- Saturday CUMBERLAND CO ___ sheriff levying upon or attaching any property under, ...-.---------- without liability on NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy , iafter may leave same without a watchman in custody of whomever is found in possession, notifying person of levy or attachment. r removal of any such property before sheriff's sale thereof· ' . . · destruction o ~N~i-- · DATE [writ 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BE~ ~ ~r~ ~ be completed if ~ is to be mailed) PETER J D~EY & ASSOC CUMBERL~D CO SHERIFF · SPACE BELOWFOR USE OF SHERIFF ONLY -- D'~<WRIT'E BELOW THIS LINE~ .... ' ~ ~C~' Exgiration/Hearing ' ' NAMEof Authorized LCSO Deputy °r Clerk 1 5/9/01 [May~ 17 , 200 13. I acknowledge receipt of the writ } or complaint as indicated ab°ve' ~ETTE WALTON 717-295-3609 ed Q have legal evidence of sewice as shown in Remarks", ~ have executed as shown in N [hat.have personally sew , · at the address shown above or on the individual, companY, cor- I hereby CERTIFY ~nd RE~R on the individual, company, corporation, etc.. [, 16. "Remarks", the writ or complaint des ed poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. . , arks below) , 17 ~ I hereby cedify and return a NOT FOUND because I am unable to locate the individual .company, corporation etc., named above (See re~ 18. Name and title of individual served (if not shown above) (Relationship to Defendant) 19. ~No Sewi~ . ' . ' ~ Remake BeI~ (No. 30) 20 Address~fwherese~ed~c~mp~ete~n~Yifdifferentthansh~wnab~ve)(~treet~rRFD~Apa~mentN~City~B~r~Twp~ ~ . Date of State and Z,p Code) ~s~ --~~ Se~ice C0sts 26. Nota~ ~er'. !~ ........ -~. -;;;~-~ o0.oo . I "- . I ' .. ,. SO ANSWER. D/ _ - ~. ,~y COMMISSION EXPIRES INTHE COURT OF COMMON PLEAS C..-F CUMBERLAND COUNTY ST/~.~E OF ,~~, ~~ PENNA. Janna Leiqh Mekulsk~ NO. _0~-2260 VERSUS I Br~an Gte or Mekul k'.____ DECREE IN DIVORCE DECREED THAT ,T;ann;=, T_,e~h -~_gk,_,!sk! __, PLAINTIFF, AND______Br~an Gre or Mekulsk~ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION f'or WHiCh A FINAL ORDEr HAS NOT YET BEEN ENTERED; BYThE C PROTHONOTARY