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HomeMy WebLinkAbout01-2681LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERI.~ND COUNTY, PENNSYLVANIA NO.v/-.Z~ l CML CML ACTION - LAW ACTION FOR iDIVORCE / CUSTODY 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 action within twenty (20) days a~ter this complaint and notice arc served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment raay be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to yOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAV~YER 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 PA 17013 (717) 249-3166 1-800-990-9108 LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERL~AND COUNTY, PENNSYLVAniA NO. o ~. -~t! CIVIL CIVIL ACTION - LAW ACTION FOR DIVORCE / CUSTODY NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is ilo advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LAUREN SUZANNE KALEMNOUS, PLAINTIFF EMMANUEL KALEMNOUS, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OP ~6f/CIVIL CIVIL ACTION - LAW ACTION FOR !DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, LAUREN SUZANNE KALEMNOUS, by and through her counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated eomplaim in divorce for divorce and custody. 1. Plaintiff is LAUREN SUZANNE KALEMNOUS, an adult individual, who currently resides at 726 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Plalntiffhas resided in Cumberland County for over nine (9) years. 2. Defendant is EMMANUEL KALEMNOUS, an adult individual, who currently resides at 726 Allenview Drive, Meehaniesburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on December 11, 1982. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiffhas chosen not to engage in, or to request any counseling. Neither Plaintiff nor Defendant was a member of the United States Military Services. 9. Plaintiff and Defendant have three (3) children from their marriage, STEFANI LANE KALEMNOUS, bom August 13, 1985; NICOLE SUZANNE KALEMNOUS, bom March 15, 1987, and PETER JOHN KALEMNOUS, bom December 15, 1991. COUNT I - REQUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(¢) OF THE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of th/s Complaint are incorporated herein by reference After ninety (90) days have elapsed from the date., of filing this Complaint, Plaintiff imends to file an Affidavit consenting to the divorce. Plaintiffbelieves 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 date of filing of this Complaint, Plaintiff, LAUREN SUZANNE KALEMNOUS, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. thereto. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference 13. The Plaintiffrequests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, LAUREN SUZANNE KALEMNOUS, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT III - REQUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104(a)(2) and 3323(b) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference thereto. 15. with the Plaintiff and Defendant: NAME AGE SEX STEFANI LANE KALEMNOUS 15 Years Female NICOLE SUZANNE KALEMNOUS 14 Years Female PETER JOHN KALEMNOUS 9 Years Male The parties are the parents of the following unemancipated children who reside DATE OF BIRTH August 13, 1985 March 15, 1987 December 15, 1991 16. During the past five (5) years the children has resided with the parties and at the addresses herein indicated: WITH WHOM Plaintiff and Defendant ADDRESS FROM / TO 726 Allenview Drive 1991 to present Mechauicsburg, PA 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation fights with respect to the children. 20. The best interests of the children will be served if both Plaintiff and Defendant have Shared Legal Custody, with Plaintiff having Primary Physical Custody and Defendant having Partial Physical Custody of their children. WHEREFORE, Plaintiff, LAUREN SUZANNE KALEMNOUS, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal Custody with Plaintiff, LAUREN SUZANNE KALEMNOUS and Defendant, EMMANUEL KALEMNOUS, Primary Physical Custody with Plaintiff, LAUREN SUZANNE KALEMNOUS, and Partial Physical Custody with Defendant, EMMANUEL KALEMNOUS, of the parties' three (3) minor children, STEFANI LANE KALEMNOUS, NICOLE SUZANNE KALEMNOUS and PETER JOHN KALEMNOUS Respectfully submitted, Dated: May ~ , 2001 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. C°p~iT;l~°rd~a~nt~~ 5021 East Trindle Road Suitel00 Meehanicsburg PA 17050 (717) 796-1930 LAUREN SUZANNE KALEMNOUS : PLAINTIFF : V. : EMMANUEL KALEMNOUS : DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COIINTY, PENNSYLVANIA 01-2681 CIVIL A,~TION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, May 09, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehanicsburg, PA 17055 on Tuesday, June 05, 2001 at 10:30 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existiug Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing· FOR THE COURT, By: /s/ Dawn S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is requh'ed by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business befi)re the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ttELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERI-~ID COUNTY, : PENNSYLVANIA ; : NO. 01-2681 : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY ACCEPTANCE OF SERVICE TO THE PROTHONOTARY: With regard to the above matter, I hereby accept service of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code. A true copy of the Wednesday, May 9, 2001 Order of Court, scheduling the Pre-Hearing Custody Conference in this matter for Tuesday, June 5, 2001, was attached to the Complaint. Dated: ///~ /~ ,2001 Respectfully submitted, EMMANUEL KALEMNOUS Defendant LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 01.2681 : : CIVIL ACTION - LAW : ACTION FOR ]DIVORCE / CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2001. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonota~y's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. DATE LAUREN SUZANNE KALEMNOUS, PLAINTIFF EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA ; : NO. 01.2681 : : CIVIL ACTION - LAW : ACTION FOR ]DIVORCE / CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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 statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE ~UREN sUZANI~E KALEMNOUS LAUREN SUZANNE KALEMNOUS, Plaintiff EMMANUEL KALEMNOUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2681 CIVIL : : CIVIL ACTION - LAW : ACTION FOR DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce 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 l?a. C.S. §4904 relating to unswom falsification to authorities. DATED: Emmanuel Kalerrmous, Plaintiff LAUREN SUZANNE KALEMNOUS, Plaintiff EMMANUEL KALEMNOUS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2681 CIVIL : : CIVIL ACTION - LAW : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Emmanuel Kalemnous, Defendant LAUREN SUZANNE KALEMNOUS, Plaintiff vs. EMMANUEL KALEMNOUS t Defendant CUMBERLAND COUNtrY, PENNSYLVANIA NO. 01-2681 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY AND NGW, this 5th day of June, 2001, the Conciliator, having been advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdicti~ in this case. The Custody Conciliation Conference scheduled for June 5, 2001 is canceled. FOR THE COURT, Dawn S. Sunday~. E~~ Custody conciliator LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 01-2681 : : CIVIL ACTION - LAW : ACTION FOR ]DIVORCE / CUSTODY ORDER OF COURT AND NOW, this / ~' day of ~6, ,2001, Ul~Un consideration of the attached Stipulation for Agreed Order of Custody, Plaintiff, LAUREN SUZANNE KALEMNOUS, and Defendant, EMMANUEL KALEMNOUS, shall SHARE LEGAL CUSTODY, Plaintiff, LAUREN SUZANNE KALEMNOUS shall have PRIMARY PHYSICAL CUSTODY and Defendant, EMMANUEL KALEMNOUS shall have PARTIAL PHYSICAL CUSTODY of their children, STEFANI LANE KALEMNOUS, NICOLE SUZANNE KALEMNOUS and PETER JOHN KALEMNOUS, in accordance with the lang~age contained in the within Stipulation. BY THE COURT, Jo LAUREN SUZANNE KALEMNOUS, PLAINTIFF VS. EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 01-2681 : : CIVIL ACTION - LAW : ACTION FOR ]DIVORCE / CUSTODY STIPULATION FOR AGREED ORDER OF CUSTODY The Plaintiff ("Mother") is LAUREN SUZANNE KALEMNOUS, who currently resides at 726 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The Defendant ("Father") is EMMANUEL KALEMNOUS, who currently resides at 5503 Moreland Court, Mechanicsburg, Cumberland County, Pennsylvania, 17055. STEFANI LANE KALEMNOUS, ("STEFANI"), bom on August 13, 1985; NICOLE SUZANNE KALEMNOUS, ("Nicole"), bom on March 15, 1987; and PETER JOHN KALEMNOUS, ("Peter"), bom on December 15, 1991 are the subject of this Stipulation for Agreed Order of Custody and are the natural children of the Pl,dntiff and Defendant. It is Plaintiff and Defendant's belief that it is in the best interests of their minor children to have a meaningful ongoing relationship with both their natural Mother and natural Father, provided the children are in a safe environment. WHEREFORE, Plaintiff, LAUREN SUZANNE tC~LEMNOUS, and Defendant, EMMANUEL KALEMNOUS, have entered into a mutual a~reement regarding the custody of their children and respectfully request this Honorable Court to enter the following Order: 1. Plaintiff and Defendant shall share Legal Custody (as defined in 23 Pa. C.S.A. Section 5302) of their minor children, STEFANI LANE KALEMNOUS, NICOLE SUZANNE KALEMNOUS and PETER JOHN KALEMNOUS. 2. All decisions affecting Stefani, Nicole and Peter's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving their children, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities, shall be considered major decisions and shall be made by Father and Mother, jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. Father agrees if his health prevents him from participating in these decisions Mother may make these decisions without his participation. 3. Mother and Father agree to keep the other informed of the progress of their children's education and social adjustments. Mother and Father agree not to impair the other's right to shared legal or physical custody of the children. Mother and Father agree to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well-being of their children. 4. While in the presence of their children, neither Mother nor Father shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love. 5. It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage their children to participate in the plan hereby agreed and ordered. 6. Each parent shall have the duty to notify the other of any event or activity which could reasonably be expected to be of significant concern to the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time. 8. Mother and Father shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards, birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. It shall be the responsibility of each parent to cont~:t the children's school and obtain information about the children's education and major school events. 9. Mother shall have Primary Physical Custody and Father shall have Partial Physical Custody of their minor children, Stefani, Nicole and Peter. Father shall have Partial Physical Custody according to the following schedule: A. Mother is a nurse and works different shifts on a different schedule each month. Mother shall provide Father with a copy of her monthly schedule when she receives it. Mother works approximately every third weekend. Father agrees to be responsible for the parties' children on the weekends Mother works from Friday at 6:00 p.m. through Sunday at 6:00 p.m. "Being Responsible" means: Father will take the children to their schedul[ed activities, meet their everyday needs, and generally be fully responsible for the children on the weekends he has custody and Mother is working; B. During Father's weekends, (due to the close proximity of Father's residence to Mother's residence), Father will bring the children to Mother's residence to sleep in the evenings and get them each morning. If any of the children desire to sleep at their Father's residence they raay; C. If Father is unable to assist Mother with the: care of the children when she is scheduled to work on weekends, Father agrees he will relinquish his fight to his weekend visitation and Mother may use the matenml grandmother or a child caregiver with whom Mother is familiar and confident; D. Father may request one to two (1-2) times each week, an evening or day (if the children are not in school) visit with the ehi[ldren for two to four (2-4) hours with notice to the Mother the day before the visit or at a minimum several hours prior to the time of the requested visit. Father may not simply arrive at Mother's residence and request to take the children for a visit; E. Father shall have the option to request one to two (1-2) consecutive weeks of visitation during the children's summer vacation from school. Father shall provide Mother with a written request for these weeks of visitation a minimum of thirty (30) days prior to the requested vacation time. Father may request to take the children out of the country with written notice to Mother on or before March 30 prior to the summer vacation Father plans to take the children; F. In 2001 Father had Memorial Day, Mother shall have Independence Day, Father shall have Labor Day, and Mother shall have Thanksgiving Day. The parties shall annually alternate these holidays as the children's schedules allow and as the parties can mutually agree; G. New Year's Eve and Day: Mother freque~ttly works on this holiday and the children are often with friends. If the children have no special plans, Father may request the children; H. Easter: Father shall have the children for the Greek Orthodox Easter and Mother shall have the children for the Traditional Christian Easter. If these holidays should fall on the same day, the parties agree to share the holiday; I. Christmas: Father may request time with the children on Christmas Day, after 1:00 p.m. until 8:00 p.m., with notice to Mother by December 15. Father may also request several days during the chi[ldren's Christmas school vacation to take the children to visit Father's family in. New York, with notice to Mother by December I; J. Father shall have the children on Father's Day and Mother shall have the children on Mother's Day; K. Holidays shall extend from 9:00 a.m. to 8:00 p.m. or until such times as Mother and Father can agree upon; L. All holidays, vacations, and specially designated times for visitation with the children shall supercede the regularly scheduled visitation. 10. Father agrees he will not use any alcohol or any type of illegal chemical substance prior to and/or during his custody and visitation periods with the children. Father agrees, because of his alcohol and chemical dependencies, his diagnosis of diabetes, and his liver disease with his recent liver transplant, if the children become aware of any physical and/or psychological symptoms which frighten or concern them, they may immediately call their Mother or other adult for assistance or if necessary they may leave the area where they are at that time with their Father. 11. Father agrees when he has visitation and custody of the children, he will be responsible for the children's timely attendance and full participation in any activities and/or events which have been previously scheduled during this perioq of visitation and custody. 12. Father and Mother agree they will provide each other with twenty-four (24) hour notice of any intention to take the children out-of-state. They will also provide the other parent with the location of the children and an emergency telephone number where the children can be reached. 13. 14. Mother and Father agree to share transportation. Mother and Father agree to be responsible for any ordinary everyday expenses, which occur during their individual custody periods with their children. 15. Mother and Father shall be free to mutually agree to alter and/or change the terms of this agreement. If the alteration and/or agreement is permanent and/or a change which will occur on numerous occasions, the parties agree the alteration and/or change shall be in writing and signed by both parents. DATED: ~'//fio/~,/ ,2001 EMMANUEL KALEMNOUS DATED: ~/Z ~/O! ,2001 LAUREN SUZANNE KALEMNOUS [THIS SPACE IS INTENTIONALLY LEFT BLANK.] COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~SA~?f4~ SS: On this, the ~C>'+~ day of ---~-o to ~ __, 2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared EMMANUEL KALEMNOUS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order' of Custody, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. otary Publi¥.-~b My Commission Expires: NOTARIAL SEAL CHERYL L. FERGUSON, Notary Public Harrisburg, Dauphin County I My Comm ssion Ex~rjLs AP?_[ 6~., 2004 COMMONWEALTH OF pENNSYLVANIA COUNTY OF C u-x,~x~o~'\e~xc~ SS: On this, the o~x day of ~ , 2001, before me, a Notaxy Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared LAUREN SUZANNE KALEMNOUS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Stipulation for Agreed Order of Custody, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal. Notary Public My Commission Expires: Notadal Seal Kimberly R. Hartford, Notary Public Ivleeimanie~u~ Bom, Cumbedm~ C~unly My Commission Explrem Apr. 4, 2005 MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this t~ day of ~C-~ft~%~y~f' , 2001, by and between LAUREN SUZANNE KALEMNOUS and EMMANUE~L KALEMNOUS. RECITALS Wife's Birthday and Social Security Number: January 14, 1961 175-48-5354 Husband's Birthday and Social Security Number: December 19, 1955 158-44-2265 Date of Marriage: December 11, 1982 Place of Marriage: Hempstead, New York Last MaritalResidence: 726AllenviewDdve, Mechanicsburg, Cumberland County, PA 1055. Date of Separation: March 18,2001 Children: STEFANI LANE KALEMNOUS, bom on August 13, 1985; NICOLE SUZANNE KALEMNOUS, bom on March 15, 1987, and PETER JOHN KALEMNO,US, bom on December 15, 1991. Pending Court Proceedings: None Divorce Court of Common Pleas No. 01-2681 of Cumberland County, Pennsylv,'mia WHEREAS, diverse unhappy differences, disputes and[ difficulties have arisen between the parties and it is the intention of Wife and Husband 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 fights and obligations as between each other including, without limitation: the ownership and equitable distribution of marital property; the'. past, present and future support, and/or maintenance of Wife by Husband; and, in general, any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, .receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each ~ntending to be legally bound hereby, covenant and agree as follows: PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. 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. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. WAIVER OF RIGHTS AND 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 pendante lite, alimony, equitable distribution, counsel fees, costs, expenses and any other fight or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all fights 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 of 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 laws of Pennsylvania, any state, commonwealth or territory of 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 i~5 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 panics 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 ail causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. FINANCIAL DISCLOSURE The parties have disclosed to each other and they are each aware of the extent of each other's income, assets, liabilities, holdings and estate. AGREEMENT TO BE INCORPORATED BUT NOT MERGED INTO DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divome against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This agreement shall survive any such fmai judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enfomement is sought in an action on the contract itself or in any enforcement action filed to the divome caption. EFFECT OF DIVORCE DECREE ON AGREEMENT Either party may enforce this Agreement as provided in Section 3105(a) of the Divorce Code, as amended. As provided in Section 3105(c), provisions of this Agreement regarding equitable distribution, aiimony, aiimony pendente lite, counsel fees or expenses shall not be subject to modification by the court. Concurrently with the execution of this Agreement, the parties shall sign Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Final Divorce Decree. Wife shail be responsible for filing these documents and finalizing the divorce. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execntion by the party last executing this Agreement. ADVICE OF COUNSEL The provisions of this Agreement and their legal effe¢~ have been fully explained to the parties by their respective counsel, Susan Kay Candiello, Esquire, for Wife and Robert B. Lieberman, Esquire, for Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of ,this Agreement and believes them to be fair, just, adequate and reasonable under the existing circtunstances. VOLUNTARY EXECUTION Each party understands the terms and conditions of this Agreement and acknowledges that the Agreement is fair and equitable, The parties have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or hxqproper or illegal agreements. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof s]hall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar uature. Notwithstanding this provision, under applicable Pennsylvania law, the parties understand thai: any provision of this Agreement relating to child support or to custody shall be subject to modification by the Court upon a showing of changed circumstances. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreemel~ts and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 4 ADDITIONAL INSTRUMENTS Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute 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. NO WAIVER OF DEFAULT 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 any of the provisions of this Agreement shall in no way affect the tight of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Robert B. Lieberman, Esquire, 500 North Third Street, 12th Floor, P.O. Box 1004, Harrisburg PA 17108-1004, or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mall, return receipt requested, to Susan Kay Candiello, Esquire, at the Law Firm of Susan Kay Candiello, P.C., 5021 East Trindle Road, Suite 100, Mechauicsburg PA 17050, or such other address as Wife from time to time may designate in writing. 5 HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragntphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, eonstrnction or effect. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtors exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each part~.~ waives any and all right to assert that any obligation hereunder is discharged or dischargeable. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as husband and wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. EXISTING AND FUTURE PERSONAL OBLIGATIONS Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either part~y, including those for necessities, except for obligations arising out of this Agreement. 6 COUNSEL FEES AND EXPENSES Husband and Wife agree to be responsible for all their individual counsel fees and expenses incurred in connection with the parties' marital dissolution, and neither shall seek any further contribution thereto from the other party except as otherwise expressly provided herein. ENFORCEMENT The parties intend that this Agreement shall be subject to enforcement under the Pennsylvania Divorce Code of 1980, as amended, and that, notwithstanding any language herein that may be construed to the contrary, this Agreement is not subject to modification except under such terms as the parties have specifically provided for in this Agreement. REMEDIES AND SANCTIONS In addition to such other remedies and sanctions awfilable under applicable law, the parties may utilize any remedy or sanction set forth in the Pennsylvania Divorce Code, as amended, to enforce any term of this Agreement as though it hed been an order of the Court. ATTORNEY'S FEES FOR ENFORCEMENT In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees incurred by the other party in enforcing the Agreement, provided that the enforcing party is successful in establishing that a breach has occurred. EQUITABLE DISTRIBUTION 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property; and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; mad Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims, which either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other. Wife agrees if Husband is unable to remove his property from the marital residence by December 31, 2001, Husband may discuss arrangements with Wife to keep the property for him, without his giving up any fight to the property. 7 2. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: A. The 1992 Chevrolet Astro is titled in the Wife's name and Wife has paid off this vehicle in full. There are no loans or liens on this vehicle. Wife has separate automobile insurance on this vehicle in her name only. Therefore the 1992 Chevrolet Astro shall hereafter be the sole and exclusive property of the Wife, free of any liens and encumbrances. B. The 1999 Toyota Camry is titled solely in the Husband's name. Husband recently totaled this vehicle in an automobile accident. Husband has separate auto insurance on this vehicle in his name only. Husband may collect all monies from the automobile insurance company for this vehicle to be used as Husband determines is in his best interests. Therefore the vehicle which Husband shall purchase shall hereafter be the sole and exclusive property of the Husband. C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on execution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon either of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that they will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the parties' documents of title are in the hands of such bank and/or lienholder. 3. BANK ACCOUNTS Members First The parties had a joint checking account with this institution. The parties have divided any monies in this account and closed the account Beleo Husband has an account with Belco in his name only. Wife has a checking and savings account with Belco. The parties have divided any monies, which they had in any banking accounts, to their mutual satisfaction. The parties agree that they will execute any documents necessary to effectuate the provisions of this Paragraph on execution date. 8 4. RETIREMENT INTEREST / WAIVER OF RETIREMENT BENEFITS Husband has the knowledge Wife presently has a TSI retirement account through her employer. Husband has the knowledge he has a marital chfim in the Wife's TSI retirement account. Husband hereby specifically releases and waives any and all interest, claim or fight that he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the Wife. Husband has stated he has no retirement accounts. The parties further acknowledge and agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this Paragraph. 5. MARITAL RESIDENCE The parties have agreed the value of the marital residence is approximately One Hundred Ten Thousand Dollars and No Cents ($1 I0,000.00). The moa:ital residence is deeded solely in the name of Wife. Husband agrees to sign a deed relinquishing all marital interest, which he might have in the marital residence and to convey to Wife alt his right, title and interests in the madtal residence. The primary mortgage remaining on the marital residence is approximately Eighty-Eight Thousand Dollars and No Cents ($88,000.00). The second mortgage remaining on the marital residence is approximately Seven Thousand Dollars and No Cents ($7,000.00). Both liens are solely in Wife's name. Wife agrees to assume full responsibility for both liens. Wife agrees to hold Husband harmless for any interest, which he might be fom~d to have in the two (2) liens. 6. JOINT DEBTS AND LIABILITIES All joint credit cards obtained during the parties' marriage have been closed and there is no debt remaining on any joint credit cards. Husband has one credit card, in his name alone, from 1Jae marriage with an outstanding amount to be paid. Husband agrees to assume full responsibilig/for this outstanding debt. There is a first and second mortgage on the marital residence. These liens are solely in Wife's name. Wife agrees to assume full responsibility for both of these liens. All joint debts incurred during the marriage have been either satisfied or will placed solely in one of the parties' name at the time of the execution of this Agreement. Each party warrants to the other that he/she does not have any credit cards in joint names. Any obligations incurred by either party in his or her individual name, whether incurred before or after the parties' separation, and including credit cards, are the sole responsibility of the party in whose name the debt or obligation was incurred. 9 7. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is. subject to the proviso that it shall be effective only as to those assets disclosed to the other party, although such assets need not be specifically named or disposed of in this Agreement. Neither party intends by the execution hereof to release any claim, which he or she may have in assets, which have not been disclosed. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by either party, whether individually or together with a third party or parties. D. Indernnifwation as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed,, tangible or intangible, which are acquired by him or her after execution of this Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were married. 9. WAIVER OF SPOUSAL SUPPORT, ALIMONY, AND ALIMONY PENDENTE LITE Husband and Wife do hereby waive, release and give: up any rights arising from the continuing existence of their marital relationship, which either may have against the other for spousal support, alimony, alimony pendente lite, or other maintenance of any kind. 10. INCOME TAX RETURNS Husband and Wife agree to file a joint income tax retm'n for the year 2001. Husband agrees to provide Wife with all necessary documentation on or before January 31, 2002. The 10 parties agree to share equally (50/50) any income tax return they might receive from their income taxes for the year 2001. Husband agrees to give Wil~ his one-half (1/2) of the income tax return to be credited towards the One Thousand Five Hundred Dollars and No Cents ($1,500.00), which Husband has agreed to pay annually for his three (3) children for any extraordinary expenses in addition to his agreed upon child support. Husband and Wife have filed joint income tax returns while married. If the parties are entitled to a refund and/or incur any liability as a result of joint income tax returns filed during the parties' marriage, the refund and/or the liability shall be equally divided between them. The cost of preparing and handling any prior income tax return from the parties' married years shall be shared equally between them. Husband and Wife agree to promptly make available to each other all records and information necessary or helpful for the preparation of any tax returns, any claim for refunds, and defense of any tax audit. 11. FINALIZATION OF DIVORCE Husband agrees to sign the Marital Property Settlement Agreement, and file his Affidavit of Consent and Waiver of Notice in September 2001. Wife.' agrees she will not finalize the parties' divorce until January 2, 2002, to enable Husband to oblain the optimal medical insurance coverage for his health condition. Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally hound hereby, the parties hereto have set their hands and se~_l!~.~ and year first written above. LAUREN SUZANNE KALEMNOUS WIFE WITNESS EMMANUEL KALEMNOUS HUSBAND. ITHIS SPACE IS INTENTIONALLY LEFT BLANK.] I1 COMMONWEALTH OF PENNSYLVANIA : : SS:: COUNTY OF CLt.x~x.~c~Lq ~ : On this, the [k''~''x day of ~)~ ,2001, before me, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officex, personally appeared LAUREN SUZANNE KALEMNOUS known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein contained. 1N WITNESS WHEREOF, I have set my hand and not~xial seal. Notary Public (~ v My Commission Expires: K~befiy R~ Hm'dord, Notmy Publk= COMMONWEALTH OF PENNSYLVANIA : COUNTY OF /~,~o~/4t'tO : SS: Onthis, the /7~'1~ dayof..~a-r~,~r~ ,2001, beforeme, a Notary Public for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared EMMANUEL KALEMNOUS known to me (or satisfactorily ]proven) to be the person whose name is subscribed to the within Marital Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notmfal seal. My Commission Expires: ~ NOTARIAL SEAL · J ~;HERYL L. FERGUSON, Notary Pub/lc I .. Harrisburg, Dauphin Coun 12 LAUREN SUZANNE KALEMNOUS, PLAINTIFF YS. EMMANUEL KALEMNOUS, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 01-2681 : : CML ACTION - LAW : ACTION FOR DIVORCE / CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please ~ansmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown ander Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: The Defendant signed an Acceptance of Service on May 16, 2001. Said Acceptance of Service was filed with the Cumberland County Prothonotary on May 31, 2001. 3. Date of execution of the Affidavit of Consent requirext by Seetion 3301 (c) of the Divorce Code by: Plaintiff.' December 31, 2001 Defendant: September 17, 2001 4. (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims (d) Please see the Marital Property Settlement Agreement which is being filed simultaneously with this Praecipe to Transmit Record and is to be incorporated but not merged into the Divorce Decree. I certify that the Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of Divorce Code as required by Rule 1920.42(e)(1) was executed on December 31, 2001 by the Plaintiff, and that this document is being filed simultaneously with this Praecipe to Transmit Record. I further certify that all other documents required by Rule 1920.42 have been previously filed or are enclosed herewith. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: January ,2O02 Counsel for Pl~int~ PA I.D. # 64998-~' 5021 East Trindle Road Suite 100 Mechanicsburg PA 17050 (717) 796-1930 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LAURE~ SUZANNE KALEMNOUS, VERSUS ]~JANUEL ~US, PEN NA. N o. 01-2681 Ci'Vi~ DEcree IN DIVORCE AND NOW, , ~e~-~, IT IS ORDERED AND DECREED THAT LAURE~ SUZANNE KAT,W~NOUS , PLAINTIFF, AND ~ K~T .~OUS , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION Of THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACT[ON FOR WHICH A FINAL ORDER HAS NOT YET been ENTERED; BY THE COURT: