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Home My WebLink About04-4774IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) ) DEBRA J. MIHALICH, ) Defendant ) CNIL ACTION - DNORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN NOT 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 Liber[y Avenue Carlisle, PA 17013 717.249.3166 Daniel M. Myshin, Esq. Attorney for Plaintiff Pa Supreme Court ID #40 66 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112-9507 717-541-5451 717-541-5457 fax 04/Mihalich/Divorce Complaint September 16, 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) v. ) No. /3t! - ~-77y ~icr.l, `T Rr+-L DEBRA J. MIHALICH, ) Defendant ) CNIL ACTION - DNORCE COMPLAINT IN DIVORCE ander §3301(c) or §3301(d) of the DIVORCE CODE COUNT I - DNORCE I. Plaintiff is LEONARD A. MIHALICH, who currently resides at 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is DEBRA J. MIHALICH, who currently resides at 1065 Ons Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both parties are sui juris and both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six (b) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on the 28`h day of December, 1974 in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There are no children of the parties under the age of 18. 7. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither parry is in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of 1940 and its amendments. 9. The marriage is irretrievably broken. 04/Mihalich/Divorce Complaint 2 September 16, 2004 10. The parties have lived separate and apart since January 31, 1998. WHEREFORE, upon timely filing of the appropriate affidavit, Plaintiff respectfully requests that the Court enter a decree of divorce under §§3301(c) or 3301(d) of the Divorce Code. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 11. The prior paragraphs of this Complaint aze incorporated herein by reference as though set forth in full. 12. During the course of this marriage, Plaintiff and Defendant have acquired marital property which is subject to equitable distribution pursuant to §3502(a) of the Divorce Code. 13. As of the date of the filing of this Complaint, Plaintiff and Defendant have been unable to agree as to the equitable distribution of the aforesaid marital property. 14. ha the event that a written settlement agreement is entered with respect to one or more of the aforementioned matters prior to final disposition of this action, Plaintiff desires that such written settlement agreement be approved and incorporated into the Divorce Decree by the Court and enforced by the Court pursuant to §3105(a) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter an Order of equitable distribution of marital property pursuant to §3502(a) of the Divorce Code. Further, if a written settlement agreement is entered with respect to one or more of the aforementioned matters prior to final disposition of this action, Plaintiff respectfully requests that pursuant to §3105(a) of the Divorce Code, the Court approve and incorporate such written property settlement agreement into the Divorce Decree and enforce such written property settlement agreement and grant such additional relief or remedy as equity and/or justice require. 04/Mihalich/Divorce Complain[ 3 September 16, 2004 VERIFICATION I verify that the statements made herein are true and correct, I understand that false statements herein are made subject to the penalties of IS PaCS §4904 relating to unsworn falsification to authorities. Dated: ~~~~~/ ` ~ xf 04fMihalichlDivorceComplainl September 16, 2004 __ \~ - -. ~,.tQ,t% C.-~ ~~ cc-r Plaintiff ~%l-tt,~d%~-'~-1 D . Myshin, Esq. Attorney for Plaintiff Pa Supreme Court ID #~ 0366 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112-9507 717-541-5451 717-541-5457 fax 4 ~~ r t N C ~' ~ C C C ..L Q -! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) NO. 04-4774 CIVIL TERM v. ) DEBRA J. MIHALICH, ) CIVIL ACTION -LAW Defendant ) DIVORCE MOTION FOR EXCLUSIVE POSSESSION AND NOW, comes Defendant, Debra J. Mihalich, by and through her counsel, Howett, Kissinger & Conley, P.C., who files this Motion for Exclusive Possession and in support thereof avers as follows: 1. Movant is Debra J. Mihalich ("Wife"), Defendant in the above- captioned divorce action. 2. Respondent is Leonard A. Mihalich ("Husband"), Plaintiff in the above- captioned divorce action. 3. The parties are husband and wife, having been lawfully married on December 28, 1974 but who are currently separated as that term is defined under the Divorce Code. 4. On or about September 22, 2004, Husband initiated a divorce action at the above-captioned action number requesting a no-fault divorce and equitable distribution of the marital estate. During marriage, the parties acquired a joint ownership in real property situated at 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafrer "Marital Residence"). 6. The parties also acquired during marriage a lot adjacent to the Marital Residence that contains thereon a two story garage building. 7. Since Husband initiated his divorce action in September of 2004, the parties have continued to reside in the Marital Residence. Pursuant to Section 3502(c) of the Divorce Code, this Court has the power to award one party exclusive possession of the family home. 9. For the following reasons, the Court should award Wife exclusive possession and use of the Marital Residence, 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and the lot adjacent consisting of the two story garage building: A. Wife currently is suffering from complicated bereavement, which is associated with a combination of her mother's illness and recent death as well as Husband's abrupt initiation of the instant action; B. Husband's general attitude toward Wife in the home is a contributing factor to the severity of Wife's condition, and Wife is currently in therapy with Deb Salem at Interworks. Husband's presence within the marital residence is impeding Wife's ability to control her symptoms, which include but are not limited to, tearfulness, inability to concentrate, sleep disturbance and withdrawing. 1n fact, Husband's continued presence in the marital residence will ultimately interfere with Wife's ability to function on a daily basis; C. Wife has significant personalty and furnishings stored within the garage building, and it is essential for her to have exclusive possession of the lot in order to use and enjoy fully the Marital Residence; and D. Insomuch as the largest asset in this case is Husband's retirement benefits, it is clear that Wife will receive the marital residence and adjacent lot as and for equitable distribution, so for the reasons set forth above, it would be expeditious for the court to award Wife exclusive possession of the residence and lot at this time. WHEREFORE, Petitioner respectfully requests the Court award her exclusive possession of 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 and the adjacent lot. Date: ~G Q S Respectfully submitted, ~~' ~_ / J Donald T. Kissinger, Esqui e HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: {717) 234-2616 Counsel for Defendant, Debra J. Mihalich VERIFICATION I, Debra J. Mihalich, hereby swear and affirm that the facts contained in the foregoing Motion for Exclusive Possession are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 1 ~ ~, i ~, Date: 4/?9~~05 ~ ~ DEBRA J. A ALICH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) NO. 04-4774 CNIL TERM v. ) DEBRA J. MIHALICH, ) CNIL ACTION -LAW Defendant ) DPJORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Debra J. Mihalich, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Motion for Exclusive Possession was served upon Daniel M. Myshin, Esquire, counsel for Plaintiff Leonard A. Mihalich, by depositing same in the United States mail, first class, on April l9, 2005, addressed as follows: Daniel M. Myshin, Esquire 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112 Date: ~ ~ ~ i Donald T. Kissinger, Esq it HOWETT, KISSINGER ONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Debra J. Mihalich r..l i 1 t" 'Ti ~~~ `~ ' ~ ~ ~.J `-, ..:. ~ l 1l t ~~ .~_ ~,, ~/ RECEIVED APR 222005y" THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2D A. MIHALICH, ) Plaintiff ) v. ) J. MIHALICH, ) Defendant ) NO. 04-4774 CIVIL TERM CIVIL ACTION -LAW DIVORCE RULE TO SHOW CAUSE AND NOW, this ~~_ day of ~~ ~},~~(~, , 2005, a Rule is issued upon Plaintiff, Leonard A. Mihalich, to show cause, if any, why the relief in Defendant's Motion for Exclusive Possession should not granted. Said Rule is in writing no later than twenty days from service hereof. Furthermore, a hearing is scheduled before the undersigned for the %{ f `~ day of '--- err P - , 2005, at //- ~Uo'clock ~.m. to be held in Courtroom #~ of the Cumberland County Courthouse, One Courthouse Squaze, Carlisle, Pennsylvania 17013-3387. BY THE COURT: ~.~ oa"~ /d/~ ,. Ier~anc~y 1-4a,~d.ed.~o o~d~. ~ssin~,er~ /(_~ q.i~a1'~ ''~~ {`~ !. fi .~ ~?~ L~ ~d~ S~t1Z lI~;~J V7~{I~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff v. No. 04-04774 CIVIL DEBRA J. MIHALICH, Defendant CIVILACTION-DIVORCE NOTICE OF SERVICE OF PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO: Prothonotary Sir: Please be advised that on the 23`d day of May, 2005 an original of the above captioned Plaintiffs First RequesC for Production of Documents was served upon defendant, Debra J. Mihalich, by ordinary mail to defendant's counsel at the following address of record: Donald T. Kissinger, Esq. HOWETT, KISSINGER & CONLEX 130 Walnut Street, PO Box 810 Harrisburg, PA 17108 R ct ~ly submitted, e ~nieJ~'I. Myshin, Esq. PA #40366 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112-9507 Telephone: 717.541.5451 Facsimile :717.541.5457 04/Mihalich/Notice of Servi n 1 Nfay 23, 2005 ~..~ ~ ~ ?;' ', _ ~(.-:' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff v. No. 04-04774 CNIL DEBRA J. MIHALICH, Defendant CIVIL ACTION- DNORCE ANSWER TO MOTION FOR EXCLUSIVE POSSESSION AND NOW, comes plaintiff/respondent, Leonard A. Mihalich, by and through counsel, Daniel M. Myshin, Esq., who files this Answer to Motion for Exclusive Possession and in support thereof, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted, 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that this court should award wife the exclusive possession and use of the marital residence, 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania and the lot adjacent consisting of the 2-story garage building. To the contrary, the parties have along-established practice of enjoying the marital home while living separate and apart within the marital home for several years. Since filing the complaint in divorce, husband has voluntarily confined himself to use of 04/Mihalich/Answer Mny 6, 2005 the lower floor of the marital home while wife has voluntarily confined herself to use of the upper floors of the marital home. The parties continue to have very limited contact with each other and continue to reside peaceably within the marital home without incident. Further to the contrary, for many years, the husband has utilized the detached 2- story garage for storage of personal items including garden tools, equipment and utility trailer as well as a Willys Knight automobile which was gifted to husband by his father. Throughout the course of the parties' marriage, wife has physically been in the detached garage on very rare occasions and hardly utilizes the detached garage for any purpose beyond storage of a few lawn chairs and possibly other miscellaneous items. Husband believes and therefore avers that his continued use of the detached garage will have a very minimal effect upon wife's continued enjoyment of the marital residence. a. Admitted in part and denied in part. With al] due respect to wife's recent loss of her mother, all civilized people mourn the loss of their parents. Husband also mourns the loss of his mother-in-law with whom he enjoyed a healthy and loving relationship during the marriage. However, it is specifically denied that there is anything unique about the recent death of wife's elderly mother that makes wife's loss a "complicated bereavement". Strict proof is demanded. Further, it is specifically denied that husband abruptly initiated the instant action as the parties have lived separate and apart within the marital home for years. Husband specifically denies that any act or failure to act on his part contributes to wife's "complicated bereavement". Further, 23 Pa.C.S.A. §3502(a) specifically provides that the court shall equitably divide marital property without regard to marital misconduct. 04/Mihalich/Answer May (~, 2005 2 1 ~ b. It is specifically denied that husband's general attitude toward wife in the home is a contributing factor to the severity of wife's condition. Strict proof is demanded. Husband is aware that wife has sought therapy with Deb Salem at Interworks only by communication through the parties' attorneys. Strict proof regarding the diagnosis of wife's condition and husband's contribution, if any, towards the severity of wife's alleged condition is demanded. It is further specifically denied that wife exhibits the alleged symptoms as stated in the motion or that husband's presence within the marital residence is impeding wife's ability to control her symptoms. Because wife voluntarily confines herself to the upper floors of the marital residence, husband is unable to admit or deny that wife suffers from tearfulness, inability to concentrate, sleep disturbance and withdrawing. Without strict proof of wife's current physical or mental condition, husband is unable to determine the extent to which wife truly suffers from these symptoms and more importantly, if these symptoms are associated with wife's physical or mental condition. Husband further specifically denies that his continued presence in the marital residence will ultimately interfere with wife's ability to function on a daily basis. Strict proof is demanded. To the contrary, husband and wife have lived separate and apart within the marital residence for many years. a It is specifically denied that wife has significant personalty and furnishing stored within the detached garage building, and that it is essential for her to have exclusive possession of the lot in order to use and enjoy fully the marital residence. To the contrary, wife has physically been in the detached garage on 04/Mihalich/Answcr May G, 200 3 4 - ~ very rare occasions and hardly utilizes the detached garage for any purpose beyond storage of a few lawn chairs and possibly other miscellaneous items. d. It is admitted that the residence and retirement benefits for both husband and wife are the largest 3 assets within the marital estate. It is specifically denied that it is clear that wife will receive the marital residence and adjacent lot in equitable distribution as neither party has completed the informal exchange of discovery including an appraisal of fair market value of the real estate or either retirement benefit. Although the parties have begun informally exchanging discovery information, wife refuses to complete the exchange of discovery information and appraisal of the real estate and retirement benefits pending husband's exclusion from the marital residence. Strict proof is demanded. WHEREFORE, respondent/husband respectfully requests this court deny petitioner's motion until such time as wife provides further proof of her physical and mental condition, and until the parties complete the process of appraising the fair value of the real estate and retirement benefits. Following a hearing on the merits, if this court believes that awarding exclusive possession of the marital residence is appropriate, husband request this court award husband exclusive possession of the lot and detached garage until such time as a final order in equitable distribution is entered. Re~p~ctfully submitted, ~ ~ , E _ - E- ' D ie~M. M ~ht ~t ~~~/~`.1._.1.._ in, E'sq. PA #40366 4800 Linglestown R¢ad, Suite 305 Harrisburg PA 17112-9507 Telephone: 717.541.5451 Facsimile :717.54].5457 04/MihalichfS saver May 6, 2005 4 VERIFICATION I, Leonard A. Mihalich, hereby swear and affirm that the facts contained in the foregoing Answer are true and correct to the besC of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date /~ . ~~ ~6onard A. Miha ich CERTIFICATE OF SERVICE The undersigned hereby certifies that on this''`' y of May, 2005 I served a copy of the attached document by placing said copy in a postpaid envelope addressed to the last known address, and by depositing said envelope and contents in the United States Mail at Harrisburg, Pennsylvania. Donald T. Kissinger, Esq. HOWETT, KISSINGER & CONLEY, PC 130 Walnut Street PO Box 810 Harrisburg, PA 17108 DanieTM. Myshin, Esq. PA #40366 4800 Linglestown Road, S ite 305 Harrisburg, PA 17112-9507 Telephone: 7] 7.541.5451 email: dmmyshin@comcast.net 04/Mihalich/Answer May G, 2005 5 ~ f .i~ ' 1 t,' ~~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) NO. 04-4'!74 CIVIL TERM v. ) DEBRA J. MIHALICH, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE STIPULATION FOR EXCLUSIVE POSSESSION THIS STIPULATION is entered into this r~'~day of ~y~_, 2005, by and between Plaintiff, Leonazd A. Mihalich ("Husband"), and Defendant, Debra J. Mihalich ("Wife"); WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 28, 1974 in Mechanicsburg, Pennsylvania; WHEREAS, husband filed for divorce with the Court of Common Pleas of Cumberland County on September 22, 2004; WHEREAS, during marriage the parties acquired a joint ownership in real property situated at 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter "Marital Residence") and a lot adjacent to the Marital Residence containing a two story garage building ("Gazage"); WHEREAS, despite Husband's filing for divorce, the panties have resided in the Marital Residence but live separate and apart as that term is defined under the Divorce Code; WHEREAS, on Apri120, 2005, Wife filed a petition with the Court seeking exclusive use and possession of both the Marital Residence and the Garage; WHEREAS, the Court has scheduled a hearing on Wife's petition for Friday, June 24, 2005 at 1:30 p.m. before the Honorable Kevin A. Hess; WHEREAS, the parties are desirous of granting Wife exclusive possession and use of the Marital Residence pending resolution of the divorce action, tt;iereby obviating the need for the June 24, 2005 hearing; NOW, THEREFORE, in consideration of these premises and of the mutual promises covenants and undertakings set forth herein, and for good consideration, the receipt of which is expressly acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, stipulate and agree as follows: 1. Wife shall have exclusive possession and use of the Marital Residence, 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pe~msylvania 17050 until further order of court or agreement of the parties. Husband agrees to vacate the Marital Residence no later than Monday, July 18, 2005 at 12:00 Noon. 2. Upon Husband's vacation from the Marital Residence, Wife shall be permitted to change the locks on the Marital Residence. Husband shall not be entitled any access to the Marital Residence absent written agreement of the parties oar order of court. 3. Wife shall further be permitted exclusive use and possession of the Gazage located on the lot adjacent to the Marital Residence, and upon Husband's departure Wife shall be permitted to change the locks on the Garage. Notwithstanding the foregoing, the parties agree that Husband shall have the right to access to the Garage upon forty-eight (48) hours advance phone notice to Wife at the residence, subject to Wife's agreement, which agreement shall not be unreasonably withheld, for purposes of inspection and removal of items per agreement of the parties. 4. The parties agree that each shall immediately take the necessary steps to cause any and all utility bills, and other notices essential to maintenance of the household to be transferred into Wife's name. 5. The parties agree to jointly retain Mazk Heckman for the purpose of conducting an appraisal on the Marital Residence, the cost of which shall be shared equally between the parties. Mr. Heckman shall deliver duplicate copies of any and all appraisal reports to each party's respective counsel. Husband and Wife further agree to jointly retain Hang Leister of Conrad M. Siegel, lnc. for the purpose of valuing the parties' retirement accounts. The parties agree to be equally responsible for the costs associated with Mr. Leister's valuation work, and to the extent an order must be prepared dividing any retirement accounts as and for equitable distribution, Husband and Wife agree that any and all orders shall be prepared by Mr. Leister, the costs of which shall be shazed equally between the parties. Husband and Wife agree to cooperate in responding to any and all pending or future discovery requests subject, however, to any and all appropriate objections that maybe raised under Pennsylvania law. 8. Husband and Wife agree to execute and file no later than five (5) days following the date of this Stipulation appropriate Affidavits of Consent and Waivers of Notice for the entry of a Divorce Decree. The parties acknowledge that e:!cecuting said documents at this time is intended to permit either party to move the pending divorc<; action forwazd with the divorce master, and by filing said documents, neither party is consenting to the bifurcation of the divorce action. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and date of their acknowledgments. i WITNESS WITNESS .-- a ~~ '~ , -~A. M ICH _~ .- DEBRA J. 11 ALICH COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~-_.. BEFORE ME, the undersigned authority, on this day personally appeared LEONARD A. MIHALICH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GNEN UNDER MY HAND AND SEAL OF OFFICE this d-~ day of ~~' ~ I~_. , 2005. of ublic in andifor Commonwealth of is~ Typed or printed name of My commission expires:, NOiIIRIAL SEAL DEBRA M. SNIMP, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMtSS16N EXPIRES AUG 29 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~G~~~ ~'^ -~ BEFORE ME, the undersigned authority, on this day personally appeared DEBRA J. MIHALICH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~e~~`Z day of J u rye , 2005. /VV t I~ ' ~ r ~ l IY Notary Public in and for Commonwealth of Pennsylvania Typed or printed(( name of Notary: ~Otnr~ J ~Ui~- My comm~ ~IN ~oMUx roresrmniC w~ca~w a~tkts~i" 2~t 2~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) v. ) DEBRA J. MIHALICH, ) Defendant ) NO. 04-4'774 CNIL TERM CNIL ACTION -LAW IN DNORCE ORDER OF COURT AND NOW, this ?'~ ~ day of ~, 2005, upon consideration of the foregoing Stipulation for Exclusive Possession, the Court hereby ORDERS and DECREES that the terms of said Stipulation are incorporated herein by reference and made an Order of Court. BY THE COURT: ( .,~~~ f~~~o.~ ~~ ,p ~~~r epQii ~~ ai~3 r U1 ~'~l Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff/Husband ) v. ) DEBRA J. MIHALICH, ) Defendant/Petitioner ) NO. 04-4'774 CIVII. TERM CNIL ACTION -LAW IN DNORCE PETITION FOR EMERGENCY RELIEF PURSUANT TO PA.RC.P.1920.43 AND 23 PA.C.S.A. §3323(F) AND NOW, comes Petitioner, Debra J. Mihalich, by and through her counsel, Howett, Kissinger, Conley & Holst, P.C., who respectfully sets forth the following: Petitioner is Debra J. Mihalich ("Wife"), Defendant in the above- captioned divorce action. 2. Husband is Leonazd A. Mihalich ("Husba~id"), Plaintiff in the above- captioned divorce action. During the course of the parties' 30 year marriage, significant property was acquired including, but not limited to, the jointly titled marital residence and adjoining lot, cash, investment accounts, and various retirement plans. 4. Husband has been along-time employee of the Attorney General's office and his State Employees Retirement System (hereinafter "SERS") Pension Plan, assigned a present value by SERS of $877,561.00 as of June 30, 2005, constitutes by far the single largest asset in the marital estate. It is anticipated that any remaining assets in the case will not exceed $400,000.00 in aggregate value. Prior to commencement of separation by tiling of the Divorce Complaint on September 22, 2004, Husband had indicated to Wife that he cvas considering retirement on or before June 30, 2005 due to a special incentive program which would provide reduced medical insurance premium co-pays into the future. 6. On or after January 1, 2005, Husband then repeatedly represented through counsel that he was seeking continuing employment with the Attorney General's office and therefore did not intend to retire on or before June 30, 2005. 7. As recently as one week ago, Husband represented through counsel that he was awaiting response on employment applications filed with other offices of the Attorney General in other parts of the state. 8. On Apri120, 2005, Wife filed a petition with the Court seeking exclusive use and possession of the marital residence. Hearing was scheduled to be conducted before The Honorable Kevin A. Hess on June 24, 2005. 9. On June 23, 2005, the parties entered into a Stipulation for Exclusive Possession which resulted in Judge Hess' order of June 24, 2005 incorporating the terms of said stipulation by reference. Said Stipulation provides for, inter alias, an award for exclusive possession of the residence to Wife on or after July 18, 2005. 10. On June 23, 2005, within minutes of Hust>and's execution of the Stipulation for Exclusive Possession, Husband's counsel Daniel M. Myshin, Esquire phoned the undersigned counsel and advised the undersigned that Husband lead decided to make application for retirement and that it was necessary for Husband to do so on or before June 30`° to secure the reduced medical insurance premium co-pays under the aforementioned inducement program. Attorney Myshin faxed a benefit estimate statement shortly thereafter. 11. By fax letter dated June 24, 2005, the undersigned requested confirmation that Husband would not make a retirement application electing the maximum single life annuity which would provide no survivor annuity or lump sum death benefit in the event of Husband's death. In said June 24"' letter, the undersigned advised Husband's counsel that Wife sought election of an option one annuity which would preserve a death benefit in an original amount of no less than $784,799.00 with such death protection to be decreased by monthly payments made to Husband over time. Said retirement benefit e;>timate, attached hereto as Exhibit "A" and incorporated herein by reference, reflects that the reduction in the monthly pension associated with provision of the death benefit is $157.00 per month.' A true and con•ect `The calculation assumes that Husband withdraws his contributions and interest at retirement as is the customary practice. 4 copy of Wife's June 24`h letter is attached hereto as Exhibit "B" and is incorporated herein by reference. 12. With the possibility of impending retirement and no response to the June 24`h letter by late afternoon June 27`", the undersigned faxed another letter to Husband's counsel requesting affirmative confirmation that his client would elect an option one annuity. A true and correct copy of said letter is attached hereto as Exhibit "C" and is incorporated herein by reference. 13. In various phone conversations conducted June 27th and June 28`h, the undersigned and Attorney Myshin confirmed the position of each that an amicable resolution of the death protection issue was desirable. Nonetheless, by fax letter dated June 28, 2005, Myshin advised the undersigned that at his advice Husband was consulting with a retirement advisor later in the week to consider options, and until then Myshin would be unable to confirm which retirement election Husband would choose. A true and correct copy of said letter is attached hereto as Exhibit "D" and is incorporated herein by reference. 14. In said June 27`h and June 28`h phone conversations, the undersigned counsel advised Myshin that he would be contacting the State Ernployees Retirement System directly to determine whether immediate legal action would be required to prevent an election by Husband of a retirement option that does not provide any death protection. The undersigned spoke with Salvatore A. Darigo, Jr., Assistant Counsel at SERS, this morning and was advised that in the event Husband had already made a retirement elections with June 30, 2005 as his employment termination date, said election would become irrevocable after June 3Q 2005. Attorney Darigo further stated that if Husband had not yet made an election, he would be afforded a 90 day window in which he may preserve the effective date of his retirement and make an election. 15. The undersigned contacted Attomey Myshin by phone and coordinated a conference call with Attorney Darigo who confirmed all information previously supplied to the undersigned. Darigo clarified that it was his understanding in his capacity as Assistant Counsel with SERS that the retiree health insurance plan would permit Husband to enjoy the benefit of the medical insurance premium inducement so long as he terminated his employment on or before June 30th and subsequently made a retirement election within the 90 day time period thereafter. Darigo further confirmed that SERS will honor an order from this Honorable Court directing Husband to refrain from making a retirement election pending further agreement of the parties or order of court. 16. During the conference call with Darigo, counsel for the parties agreed to attempt to contact their respective clients and seek consent to a stipulation for entry of an order precluding Husband from making a retirement election until further agreement or order of the court after hearing. As of the presentation of the instant Petition., Attorney Myshin has been unable to discuss that matter with his client. Myshin is uncertain whether Husband has already made an election at this time. 17. Husband's SERS Pension is the single biggest asset available for equitable distribution in the case and it is anticipated that a substantial portion of said pension, valued at a minimum of several hundred thousand dollars, will be awarded to Wife in the equitable distribution of property. Wife's share of the monthly payments to be received after Husband's retirement will certainly exceed the $157.00 per month in reduction associated with election of an option one annuity. If Husband should elect a maximum single life annuity without any death benefit and such an election is not revoked prior to June 30, 2005, then no death benefit will be available for consideration in equitable distribution of property. 18. There is not satisfactory life insurance insuring Husband's life to provide alternate death protection for Wife's interests in the SERS pension. In fact, Wife believes and therefore avers that private life insurance available has a face value of no more than $15,000.00 to $20,000.00. 19. Wife and the marital estate will suffer irreparable harm in the event that Husband is permitted to elect a maximum single life annuity as tiffs retirement option. A direction that Husband elects an option one annuity would result in no prejudice to Husband since the reduction in monthly payment associated with provision of the death benefit could be later allocated between the parties in accordance with their respective pension entitlements or, in the alternative, allocated in its entirety to Wife to the extent that Husband is not desirous of providing such death protection into the future. 20. An immediate order of this Court, revoking any prior retirement elections and preventing any future elections except upon agreement of the; parties or further court order, and service of such order upon SERS, is required in order to preclude the possibility that a retirement election not in the interest of the marital unit would be; made by Husband and made irrevocable on or after June 30, 2005. 21. Attorney Myshin is awaze that the instant ]?etition is being presented to the Court and that emergency and immediate relief is being requested. Myshin indicates that he will be available by phone to address the matter to the extent the court deems appropriate before consideration of the request for immediate emergency order. 22. 23 Pa.C.S.A.§3323 (Pardon's 2001), provides the Court with full equity power and jurisdiction to issue injunctions or other orders which aze necessary to protect the interests of the parties against either party or against any third person over whom the court has jurisdiction. Moreover, Pa. R.C.P. 1920.43 provides this Court with authority to issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property as well as other appropriate relief. WHEREFORE, Wife respectfully requests that this Honiorable Court enter an immediate order directing that: Any prior retirement election by Husband to provide anything other than an option one annuity be revoked, and that Husband refrain from making a retirement election pending further agreement of the parties or order of court; Scheduling hearing on the request for emergency relief after which hearing Wife requests that the Court direct Husband elect an option one .mnuity which provides a lump sum death benefit in the amount of the remaining present value c f the SERS pension at the time of his death; and 3. Granting other relief as the Court deems just and appropriate. Respectfully submitted, Date: (~ ~ l ds ~ ~~ , Donald T. Kissinger, Esquir Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Debra J. Mihalich VERIFICATION I, Debra J. Mihalich, hereby swear and affirm that the facts contained in the foregoing Petition for Emergency Relief are true and correct to the best of my knowledge, information and belief and ~u~e made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 6/29/05 DEB J. AL][CH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) NO. 04-4774 CNIL TERM v. ) DEBRA J. MIHALICH, ) CNIL ACTION -LAW Defendant ) IN DNORCE CERTIFICATE OF SERVICE. I, Donald T. Kissinger, Esquire, counsel for Debra J. Mihalich, Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition for Emergency Relief was served upon Daniel M. Myshin, Esquire, counsel for Leonard A. Mihalich, Plaintiff, by via facsimile and by depositing same in the United States mail, first class, on June 29, 2005 ,addressed as follows: Daniel M. Myshin, Esquire 4800 Linglestown Road Suite 305 Harrisburg, PA 17112 Salvatore A. Darigo, Assistant Comisel 30 North Third Street P.O. Box 1147 Harrisburg, PA 17108 Date: (G~ ~ d~ ~~ ~--- '~ Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717-234-2616 Counsel for Defendant, Debra J. Mihalich O 717-5 545.7 P•2 MYSHIN, ES DRMIEL M Jun 23 OS 12:11p .. h .f .~l ;fir.. 7....y t tr`:1 /~ir ,. 4r~:r fit,, ' LEONARD A MIMALICH ESTIMATED BENEFITS -STANDARD OPTIONS : ` ' t t5-4a-6762 MAXIMUM SINGLE LIFE ANNUITY WITHDRAWAL MUNTHLY r, ~ AMOUNT BENEFIT ~ ' This plan provides the maximum amount Hong +~.. $x,490.60 (. ( l i t` 11`N each month for Vite. 1F you die hefore receiving in 1 ~ ` f ~^~ a menu an amount a ual to our contributions P Y Q Y $5,218.54 84,454.23 ~4J,. td . J as they were at tho time of retirement, the (partiaD r,~ ,, "' balance will be paid to your beneticiary(fes). When ~ a death benefi[ remains you may name one or more $tOt ,St 3.37 $3,966.08 beneficiaries at any time. (total) OPTION 1 ANNUITY WITHDRy\WAL MONTHLY PRESGNT VALUE AMOUNT BENEFIT TERM OF VALUE I his plan provides a reduced retirement affowance. In addition to monthly payments nono $4,309.23 $886,61 3A5 for tile, a value is placed on your retirement 17.1695 yrs account called the PRESL-NT VALUE. All payments [o you are subtracted from the $g 218 ,5a $4,277.90 i5a[st,39a ,t Present Value. Any halance remaining at (partial) 17.1895 yrs your death will be paid to your beneficlary(iesj. Vou may name one or more beneficiaries and $r01,t)t3.37 $3,809.07 $784,799.68 may change benafictaries at any time. (total) 17.1695 yrs OPTION 2 ANNUITY WITHORAVVAL MONTHLY SURVIVOR This plan prOVides a reduced retirement allowance AMOUNA BENEFIT BENEFIT ror Ilie. Tns amount of reduction is based on your age and the age and sex of the person named none .Art or] $0.00 as your Designated Survivor Annuitant. Only ono person may be named as your Designated $5,218.54 $0.00 $O.UO Survivor Annuitant. At your death, U1at person will (partial) continue to receive for Ilfe the flame monthly 813 37 $101 $0 00 $0.00 amount as was paid to you, in addition to any , . . outstanding gntounts payable to you. (total) OPTION 3 ANNUITY WITHDRAWAL MONTHLY SURVIVOR This plan provides a reduced retirement allowance AMOUNT BENEFIT BENEFIT tar Gfe. The amovm of reduction is based on none $0.00 X0.00 your age and the age and sex of the person named as your Designated Survivor Annuitant. Oniy one $5,21g.5a $0.00 $0.00 persai~ irtay be named as your Designated (partial) Survivor Annuitant, At your death, that person will continue to receive for life one haft of the Same Stat,At3.3% $0.00 $o.uu n,ont[rly amount as was paid to you, in addition to (total) any outstanding amount payable to you. ;. ~ ` r'b: i.: 1 :J~,..r.r~~ i. r;, r~. , .,~ a:. '~ ~~ ~Ir(Lr `, n`r~RC t ;C: .~~ ;,;s .ri ~',,i .. y ,,-t'.., ,.. r. , , t' f:. LAw OFFlCFS OF HOWETT, KISSINGER, CONLEY & HOLST, P.C. 170 µ'AL~LT STREET POST OFFICE BOX 810 HARRIS6l RG. PE~~SY13'A.~'IA I7I Q$ JOHN C. HOµ'ETT. 1R. DONALD T. K1SSlVGER Cf~Dt' S. CO`LEt' DARRE~ 1. HOLST DEBRA }I. SH61P Legal Assistant June 24,2005 YIA FAX & MAIL /717) 541-5457 Daniel M. Myshin, Esqurre 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112 Dear Dan: Re: Mi alich v. Mihalich 1717) ?31-'_°I6 F.-~X 1717) ?31.510: I write as a follow-up to our conversation yesterday about your client's intended immediate retirement. Upon review of the retirement benefit estimate that you faxed yesterday afternoon, it is cleaz that the monthly benefit payable after withdrawal of contributions and interest is only $157.00 less per month with election of an option one annuity that provides death protection for Deb and/or any other designated beneficiaries than that payable with a maximum single life annuity. While we have not yet completed the voluntary discovery exchange in the case, it would appeaz that Mr. Mihalich's pension will comprise up to 75% of the marital asset value. As such, my client has a significant interest in the preservation of the asset through provision of death protection. We must therefore request that Mr. Mihalich make an election that provides, at a minimum, the option one death protection up to the remaining present value at the time of death. Such designation would be without prejudice to the rights of either party to assert the appropriate allocation of the $157.00 per month cost of provision of that protection in our final equitable distribution negotiations. Under the circumstances, too much prejudice to the marital estate could result from an election of a maximum single life annuity in this case. Please phone me to discuss this matter at your earliest opportunity. If your client has already made an application with an election inconsistent with tlhe terms of this letter, you must immediately advise and we will be forced to file an action with 4he court to preserve appropriate rights in this regard. r' Daniel M. Myshin, Esquire June 24, 2005 Page Two I repeat that we are not seeking to impose upon your client full and complete financial responsibility for the reduction in monthly benefit associated with provision of the death benefit. That is an issue that is properly subject to negotiations in equitable distribution of the asset. We understand that your client retains his position that full responsibility for the reduction should come from Deb's shaze of the pension if he will not realize any of the benefit upon his death. Frankly, I think the best approach in negotiations will likely be to allocate that responsibility between the parties in accordance with their respective entitlernent to some percentage shaze of the death benefit in the event that your client dies prior to the 17 yeaz present value term. Sincerely, Donald T. Kissml;er DTK/djk cc: Debra J. Mihalich (wlencl) LAW OFFICES OF HOWETT, KISSINGER, CONLEY & / 130 wALVI,T STREET POST OFFICE BOX 810 HARR6Bl'RG. PE~:~Snvx~'u 17108 IOFLV C. HOK'ETT. 1R. DONALD T. KISSIVOER CLVT)Y 5. CONLEY' DARKEN L HOIST DEBRA Sf. SHI~IP Legal Assistant June 27, 2005 VIA FAX & MAIL /717) 541-5457 Daniel M. Myshin, Esquire 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112 HOLST, P.C. 1717) ?3a '_616 F.L~( (717) ?}.{_5a0} Re: Mihalic v. ihalich Dear Dan: Deb Mihalich needs to immediately confirm that your client will continue to provide access to medical insurance for her in light of his impending retirement. I reviewed with her the substance of our conversation Friday regazding the retirement option selection, and advised her. that I expected you would be getting back to me promptly on that matter. Please review the insurance issue with Len and confirm that there will be no lapse in coverage. ' In order to properly protect my client, I will reluctantly file a motion with regazd to the death beneficiary designation on the pension if I have not had your affirmative confirmation that Len will elect an option one annuity on or before the close of business Friday, July 1~. Again, I am not interested in disrupting the spirit of cooperation we aze attempting to establish in the case, but the proposed course of action clearly creates no prejudice to either parry and irreparable harm could result with election of an option with no death protection. I look forwazd to hearing from you. S`inJce~rel~yQ ~r.L7"'r' s~~~~ Donald T. Kissinger DTK/djk cc: Debra J. Mihalich Daniel M. Myshin, Esq. Attorney at Law 4800 Linglestown Road, Suite 305 Harrisburg, Pennsylvania 17112 Telephone: 717.541.5451 Facsimile: 717.541.5457 Donald T. Kissinger, Esq. HOWETT, KISSINGER & CONLEY 130 Walnut Street, PO Box 810 Harrisburg, PA 17108 June 28, 2005 rt;~~ -. !' By US Mail & Fax to i 17.234.5402 re: Leonard A. Mihalich v. Debra J. Mihalich Dear Don: I have discussed with Lenny your June 24`h and 27`h fax requests to confirm Lenny's selection of the option 1 retirement benefit election. At my advice, Lenny is consulting with a retirement adviser to consider his options later this week. Until then, I am unable to confirm which retirement election Lenny wilt choose. Moreover, although I also wish to not disrupt the spirit of cooperation we aze attempting to establish in this case, I am unable to respond to your request for confirmation of Lenny's election within the time fume requested as I am scheduled to be out of the office on July 1" for the holiday weekend. I anticipate returning to the office on Thursday, July 7, 2005. If Lenny has made his selection by that time, I will inform you then. Similazly, I have discussed with Lenny your June 27`h request to confirm that there is no lapse in Deb's health insurance coverage. Lenny informs me that to his knowledge, Deb remains covered under Lenny's plan. At my request, Lenny will check with the personnel office to confirm if there is gout-of-pocket difference between the cost of spousaUfamily coverage versus single employee health coverage. At the same time, perhaps 1Deb should inquire to determine if health insurance is available through her employer. In any case, it is our position that dcry oat-of- pocket difference in cost should be your client's responsibility if she wishes to continue the coverage until the fmal divorce is granted. Thank you for your cooperation in this matter. Daniel M. Myshin, cc: Leonazd A. Mihalich Y'7 ,. r~ O O -Ti ! . ` Ca ~} ~ ~' y~ ~ ~ r X.,~ ~ 7~ 1-;~> s- ice; _ ~ .. -- c~ =y- '9 ~ .-.. N ~i~ Y LEONARD A. MIHALICH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW DEBRA J. MIHALICH, Defendant N0.04-4774 CIVIL 'TERM IN RE: DEFENDANT'S PETITION FOR EMERGENCY RELIEF PURSUANT TO PA. R.C.P. ]'.920.43 and 23 PA. C.S.A. §3323(Fl ORDER OF COURT AND NOW, this 30`h day of June, 2005, following a telephone conference in which Plaintiff was represented by Daniel M. Myshin, Esq., Defendant was represented by Donald T. Kissinger, Esq., with Salvatore A. Darigo, Esq., Assistant Counsel for the State Employees Retirement System also participating, it is ordered and directed as follows: 1. Husband shall upon filing an application for retirement with the State Employees Retirement System (hereinafter "SERS") elect an option 1 annuity. Husband may, at his sole option, make a withdrawal of an amount equal to his total accumulated deductions in a lump sum pursuant to option 4. 2. Husband shall immediately file all necessary documents naming Wife as beneficiary to a 33% share of an.ypre-retirement or post-retirement death benefit payable by SERS. Such designation shall be made on the forms and/or in the manner prescribed by SERS. Such designation shall be without prejudice and subject to further agreement of the parties on order of court. Husband shall provide proof of such beneficiary designation to Wife within 48 hours of designation. "i~~i~7~4i.~~f~S ;_~c: hh s~' ~d flE ~t1C SOOZ ,lk~'10~J~1i 0 C!~'!t~ ~ 3. Allocation of financial responsibility for the reduction in the monthly benefit attendant to selection of the option 1 annuity in the approximate amount of $157.00 shall be subject to further agreement between the parties or order of court. 4. Wife's counsel is hereby provided authoriization to verify with SERS Husband's compliance with the terms of this order to the extent of Wife's retirement benefit interest. 5. The terms of this order shall remain in full force and effect pending further agreement between the parties or order of court. BY THE COURT, Daniel M. Myshin, Esq. 4800 Linglestown Road Suite 305 Harrisburg, PA 17112 Attorney for Plaintiff Donald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Defendant (,.I~.cee ,/17~.re.t-~.est Courtesy Copy: Salvatore A. Darigo, Esq. Assistant Counsel for State Employees' Retirement System 30 North Third Street Suite 150 Harrisburg, PA 17101-1716 G-3D~6~ ~~- , :rc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) v. ) DEBRA J. MIHALICH, ) Defendant ) No. 04-04774 CIVIL ACTION - DNORCE AFFIDAVIT OF CONSENT UNDE',R §3301 (c) 1. A complaint in divorce under §3301(c) of the divorce code was filed on the 22nd day of September, 2004. 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 entry of a final decree of divorce after service of notice of intention to request entry of the decree. VERIFICATION I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Dated: ~ ~ ~~ 04/Mihalich/ABidavic of Consent 1 .tune 28, 2005 CERTIFICATE OF $~VICE I, Daniel M. Myshin, Esq., certify that on the.-d` ay of August, 2005 a8er filing with the Prothonotary, I served a true and correct copy of the above document by United States Mail, first class postage prepaid and addressed to the following: Donald T. Kissinger, Esq. HOWETT, KISSINGER & CONLEiY Attorneys for Defendant 130 Walnut Street, PO Box 810 Harrisburg, PA 17108 Daniel M. N[yshin, Esq' Pa. Supreme; Court ID 0366 4800 Linglestown Roa ,Suite 305 Harrisburg, PA 17112-9507 Telephone: 717.541.5451 04Mihalich/Affidavit of Consent J une 28, 2005 ~> ~~ ~~ ~~ - -„ ., . . .;_ --, - - _ _ G'' __ `-~ t r r~ , ~ _; ; ._.i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff ) NO. 04-4774 CIVIL TERM v. ) DEBRA J. MIHALICH, ) C1VIL ACTION -LAW Defendant ) 1N DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September 22, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made above 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 falsification to authorities. Date: Debra J. alich, De endant ~"' C_i cs'+ _- 1 r ;t:1 _- , ..--~ (tiJ -,1 -, Ct? ~.u'r ~~ G' ~~ • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) v. ) DEBRA J. MIHALICH, ) Defendant ) No. 04-4774 Civil Term CIVIL ACTION -DIVORCE ACCEPTANCE OF SERVICE I accept service of the above captioned Complaint in Divorce. I certify that I am authorized to accept service on behalf of Defendant, Debra J. Mihalich. /6 <~ D ~ Date 04/Mihalich/Acceptance of Service September 24, 2004 C'} N ° mow- ] '~= ~ C5 1. CJ`y `~~ f t ti - } ^ ~}~ ~ ~ 1. J ..`: j~'r~ti..~ -Iy+. - y~ ~' ~~ ~ V ~~ ` .A ~ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff NO. 04-4774 CIVIL TERM v. DEBRA J. MIHALICH, Defendant CIVIL ACTION -LAW IN DIVORCE INVENTORY OF DEBRA J. MIHALICH Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ~ l l ~ O(p Debra J. ~ lich ~' ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options (X) 4. Certificates of deposit (X} 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () $. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts (X) 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits -severance pay, worker's compensation claim/award () 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other ~' MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1 1065 Orrs Bridge Road Mechanicsburg, PA 17050 Residence tract and adjacent lot Husband and Wife 2 United States Savings Bonds (various) Husband or Wife 3 Husband's SERS Defined Benefit Pension Husband 4 Wife's Diocese of Harrisburg Pension Plan Wife 5 Husband's Rollover IRA representing contributions and interest from SERS distribution Husband 6 Wife's Diocese of Harrisburg 401 (K) Plan Wife 7 Husband's unpaid sick and vacation leave paid into Deferred Compensation Plan Husband 8 Waypoint Bank IRA account # 286522324 Wife 9 Waypoint Bank IRA account # 586523775 Wife 10 Members First account #13343 including various sub accounts Wife 11 Waypoint Bank accounts 098, 9501 and 3341 Wife I2 PSECU account # 6762 Husband 13 Members First account #20774 including various sub accounts Husband 14 Commerce Bank account # 8067 Husband and Wife 15 110 Shares PNC Common Stock Wife 16 Croation Fraternal Union Life Insurance Policy Husband 17 American National Insurance Life Insurance Policy Husband 18 1929 Willys Knight Husband 19 Worthington Trailer Husband ~' NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM # DESCRIl'TION OF PROPERTY NAMES OF ALL OWNERS 1 1989 Grand Prix Wife 2 Waypoint Bank Certificate of Deposit Wife 3 299 Shares Sovereign Bank Stock Wife 4 75 Shares Manulife Stock Wife 5 2005 Buick LaSabre Wife 6 1995 Chevrolet Blazer Husband 7 PSECU account #6762 Husband 8 Separate Portion of SERS Pension Husband 9 Separate Portion of Diocese of Harrisburg 401(K) Plan Wife 10 Separate Portion of Members First account # 13343 Wife 11 John Hancock Life Insurance Policy Wife 12 Wife's Post-Separation Inheritance from Wife's Mother's Estate Wife ~° PROPERTY TRANSFERRED PERSON TO DATE OF WHOM ITEM # DESCRIPTION OF PROPERTY TRANSFER CONSIDERATION TRANSFERRED NONE `• ~ LIABILITIES ITEM # I DESCRIPTION OF PROPERTY NAMES OF NAMES OF ALL CREDITORS ALL DEBTORS NONE t"a ~ ~ r ~, -n ~~- -r, rr } +>~ ~ - - ;` x , rv ;.:r.y ~.~ "~~. ~ • A CAyJ "A IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) v. ) DEBRA J. MIHALICH, ) Defendant ) No. 04-4774 CIVIL ACTION -DIVORCE INVENTORY OF PLAINTIFF, LEONARD A. MIHALICH Plaintiff, Leonard A. Mihalich, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of I8 PaCSA §4904 relating to unsworn falsification to authorities. j~ , r d A. Mihalic ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) I . Real Property (X) 2. Motor Vehicles (X} 3. Stocks, bonds, securities, and options (X) 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts 04(Mihalich/Inventory and Appraisement November 16, 2006 f (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) (X) 10. Annuities O 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits -severance pay, worker's compensation claim/ award (X) 17. Profit sharing plains (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. Military/VA benefits () 23. Education benefits () 24. Debts due, including loans mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) O 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number of Property Names of All Owners 1. 1065 Orrs Bridge Road, Mechanicsburg, PA Leonard A. & Debra J. Mihalich 2. Waypoint Account #9501 Debra J. Mihalich 3. Commerce Account #8067 Leonard A. & Debra J. Mihalich 4. Waypoint Account #0398 Debra J. Mihalich 5. Members First Account IRA Debra J. Mihalich 04/Mihalich/Inventory and Appraisement November 16, 2006 2 6. Members First Account # 13 343 7. Members First Account IRA 8. Members First Account #20774 9. PNC Common Stock (13 shares) 10. PNC Common Stock (97 shares) 11. Waypoint Account #3341 12. U.S. Government Bonds EE (1St grouping) 13. U.S. Government Bonds EE (2°d grouping) 14. U.S. Government Bonds EE (3rd grouping) 15. American National Insurance Co. policy 16. Waypoint IRA #2324 17. Waypoint IRA #3775 18. Waypoint IRA uncredited interest 19. Members First Account #13343 20. Members First Account #13343 interest 21. Diocese of Harrisburg 401 K 22. Members First Account #20774 23. Members First Account #20774 24. SERS Rollover 25. Diocese of Harrisburg pension 26. SERS annuity Debra J. Mihalich Leonard A. Mihalich Leonard A. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Leonard or Debra Mihalich Leonard or Debra Mihalich Leonard or Debra Mihalich Leonard Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Leonard A. Mihalich Leonard A. Mihalich Leonard A. Mihalich Debra J. Mihalich Leonard A. Mihalich NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Number of Property 1. PSECU Account #6762 Share 1 2. PSECU Account #6762 Share 4 3. PSECU Account #6762 Share 7 4. Waypoint Common Stock (230 shares) 5. Waypoint Common Stock (11 shares) 6. Manulife Common Stock (75 shares) 7. Members First Account #13343 8. PSECU Account #6762 (interest) 9. PSECU Account #6762 10. Croatian Frat. Union policy 11.2005 Buick LeSabre 12. 1989 Pontiac Bonneville 13. 1995 Chevrolet Blazer 14. 1900 Willys Knight 15. 1900 Worthington trailer 16. SERS non-taxable contributions 04/Mihalich/Inventory and Appraisement November 16, 2006 3 Reason for Exclusion Leonard A. Mihalich Leonard A. Mihalich Leonard A. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Debra J. Mihalich Leonard A. Mihalich Leonard A. Mihalich Leonard A. Mihalich Debra J. Mihalich Debra J. Mihalich Leonard A. Mihalich Leonard A. Mihalich Leonard A. Mihalich Leonard A. Mihalich PROPERTY TRANSFERRED Item Description Date of Consid- Person to Whom Number of Property Transfer eration Transferred 1. N/A. LIABILITIES Item Description Names of Names of Number of Property All Creditors All Debtors 1. NiA. XXXXXXXX 04flvtihalich/Inventory and Appraisement November 16, 2006 4 r.~ - ~, '"' a r ~~ v~ -YI ~; `~~ ~ ~ ~ _ - t ' - _x~ ~ ~ ~ ) ~._ - L -~--Y; ` { , . ~ ,. ('~? .s -..! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff v. DEBRA J. MIHALICH, Defendant No. 04-4774 Civil Action -Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DECREE IN DIVORCE UNDER §3301(c) 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 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. /~~a~ ~~ Date: ~~~ ~~~ onard A. Mihalich ~ o Q ~ ~,,, -rt Ez-. C J ~ a'f`t ~ ~ : ~ ' ~ ~, ~~ .! r 7 _" f Vii. j:> r ~ ~7 ~ ~•,} -~ ~" r m = ^~ f '~ - -~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, ) Plaintiff ) v. ) DEBRA J. MIHALICH, ) Defendant ) NO. 04-4774 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above 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 falsification to authorities. . ~ L Date: t['~~aiv - - ~ Debra J. Mi ch, Defendant t.7 ~- ~..~ -n ~ . 4~ t,A, i ~y ...~ _- ~ 4 ' ~ ^~, MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DEBRA J. MIHALICH AND LEONARD A. MIHALICH Donald T. Kissinger, Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Debra J. Mihalich Daniel M. Myshin, Esquire 4800 Linglestown Road Suite 305 Harrisburg, PA 17112-9507 Telephone: (717) 541-5451 Counsel for Leonard A. Mihalich w MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this~~mday of D~-!ij'lt,~~J , 2006, by and between DEBRA J. MIHALICH, of Cumberland County, Pennsylvania, and LEONARD A. MIHALICH, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Leonard A. Mihalich (hereinafter referred to as "Husband"), was born on May 21, 1952, and currently resides at 352 Smithton Pike, Smithton, Westmoreland County, Pennsylvania, 15479; WHEREAS, Debra J. Mihalich (hereinafter referred to as "Wife"), was born on July 12, 1952 and currently resides at 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17050; WHEREAS, the parties hereto are husband and wife, having been lawfully married on December 28, 1974 in Mechanicsburg, Pennsylvania; WHEREAS, the parties live separate and apart at this time; WHEREAS, two children were born of the marriage between the parties, both of whom are emancipated; WHEREAS, 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, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Wife and Daniel M. Myshin, Esquire for Husband). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable; that it is being entered into freely and voluntarily; that the execution of this Agreement is not the result of any duress or undue influence; and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente life, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each parry hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure, and each is submitting a verified inventory of marital and non-marital property in the format set forth by Pa.R.C.P. 1920.75 to the other contemporaneously with the execution hereof. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. After the submission of inventories as required hereinabove, the parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which has not been identified in the Inventory as required above. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife 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 or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that on September 22, 2004 Husband initiated a divorce action in the Court of Common Pleas of Cumberland County, at docket number 04-4774 Civil Term, requesting, inter alia, a no fault divorce. The parties further acknowledge the ninety day (90) day waiting period provided for under Section 3301(c) of the Divorce Code has expired, Husband filed his Affidavit of Consent on August 5, 2005, and Wife filed her Affidavit of Consent on August 4, 2005. Contemporaneously with the execution of this Agreement, Wife shall execute a Waiver of Notice of Intention to Request 4 Entry of Divorce Decree and deliver same to counsel for Husband who shall take all steps necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 1065 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, contemporaneously with the execution of this Agreement, execute a deed transferring all of his right, title and interest in the Marital Residence to Wife. (2) Husband agrees that, as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on July 18, 2005, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of 5 credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. (b) Lot Adjoining Marital Residence. The parties acknowledge that, during marriage, they purchased a lot adjoining the Marital Residence, which lot currently has a garage constructed thereon. The parties further acknowledge they are the titled owners, as tenants by the entireties, of said lot and all improvements thereupon situated (hereinafter referred to as "Garage Lot"). The parties agrees as follows with respect to the Garage Lot: (1) Wife shall become the sole and exclusive owner of the Garage Lot and shall be permitted to take any action with respect thereto that she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Garage Lot. Husband shall, contemporaneously with the execution of this Agreement, execute a deed transferring all of his right, title and interest in the Garage Lot to Wife. (2) Husband agrees that, as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Garage Lot shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. 6 1 (3) Commencing on July 18, 2005, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Garage Lot, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in the Garage Lot. (c) Furnishings and Personalty. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence and Garage Lot, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the Marital Residence and Garage Lot. Notwithstanding the foregoing, the parties agree Husband shall receive, as his sole and separate property, the following items of personalty from the Garage Lot: (a) Willy's Jeep; (b) Hydraulic Garage Jack; (c) Black Plastic Carrying Box with Ratchet Set; (d) Small Sears Craftsman Table Saw; 7 ,., - (e) Several bags and boxes of books and other personal effects; (f) Husband's Christmas ornament; and (g) Air Compressor. Husband shall remove those items identified hereinabove from the Gazage Lot on November 18, 2006. Said property shall be removed on November 18, 2006 unless Wife consents in writing to extending the deadline beyond November 18, 2006. Wife shall be present at the Gazage Lot at the time of removal of such property. Husband shall also receive as his sole and sepazate property the original family videos currently in the possession of the parties' children, but Wife shall have the ability to make DVD copies of the videos, and Husband shall receive the videos contemporaneously with Wife's receipt of the lump sum alimony payment called for in pazagraph 6, infra, or upon the duplication facility's return of the videos to Wife, whichever shall later occur. (3) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings currently in his possession. (d) Motor Vehicles. (1) Husband agrees Wife shall retain possession of and receive as her sole and sepazate property the 1989 Pontiac Grand Prix and 2004 Buick LeSabre automobiles, both of which aze titled in Wife's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or ti 4i interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of and receive as his sole and separate property the Chevrolet Blazer automobile and Cargo Trailer, both of which are titled in Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (e) Life Insurance. The parties acknowledge and agree that each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. (f) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, including, but not limited to, Wife's pension, 401(K) and IRAs and Husband's deferred compensation plan, non-taxable members contributions in the amount of Five Thousand Two Hundred Eighteen Dollars and Fifty Four Cents ($5,218.54), rollover contributions in the 9 w amount of Ninety-Seven Thousand One Hundred Thirty Eight Dollars and Eighty Six Cents ($97,138.86), and IRAs, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree 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 subparagraph. Notwithstanding the above, the parties agree as follows with respect to Husband's State Employees Retirement System ("SERS") benefits: (1) Wife shall receive, as her sole and separate property, pursuant to a Domestic Relations Order, a portion of Husband's SERS annuity such that Wife shall receive the initial sum of One Thousand Dollars ($1,000.00) per month commencing upon implementation of said Domestic Relations Order, and Wife shall further receive her prorated share of any increases to Husband's monthly SERS annuity benefit (i. e., cost of living adjustments, changes in benefit calculation, etc.). In the event Husband takes any action to suspend or reduce his monthly SERS annuity (including, but not limited to, resuming employment with the Commonwealth of Pennsylvania), Wife shall continue to receive the monthly amount to which she was entitled immediately prior to the suspension or reduction in Husband's SERS annuity. To the extent Husband's SERS annuity is insufficient to meet said obligation, Husband shall be required to pay the monthly sums directly to Wife, which payments shall be classified as equitable distribution payments. In the event of Wife's death while Husband's SERS annuity remains in pay status, her share shall continue to be paid to her designated beneficiaries. The parties acknowledge that Husband is under no obligation to guarantee the payments called for above if Husband's SERS benefits are reduced or eliminated as 10 a result of lack of solvency of the SERS plan. In such event that Husband's benefits are reduced or eliminated, then Wife's benefits herein shall be reduced or eliminated in proportion to the overall reduction in Husband's benefits. Notice of such occurrence shall be provided to Wife directly from SERS. (2) Husband shall continue to maintain Wife as Option 1 death beneficiary on his SERS benefit, and to the extent Husband dies at a time when a balance remains in his retirement account that is to be paid to his named beneficiaries, Wife shall receive twenty-six and one-quarter percent~o}of any remaining present value available within Czc~.zs~o~ Husband's account. (3) The parties agree that the DRO shall be prepared by Harry M. Leister, Jr., of Conrad M. Siegel, Inc., the cost of which shall be shared equally between the parties. (g) Cash Accounts. Stocks and Investments. (1) The parties acknowledge that, during marriage, they maintained jointly titled accounts at Members First. Said accounts shall become the sole and separate property of the party enjoying primary ownership of each such account. Each party hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest in any funds remaining in a Members' First account subject to primary ownership of the other. The parties shall contemporaneously herewith execute transfer documents to accomplish the removal of each from ownership of accounts primarily maintained by the other. (2) The parties acknowledge that, during marriage, Husband maintained an account with PSECU titled in his sole name. Wife agrees Husband shall maintain, as his sole and separate property, free and clear of any and all right, title, claim or interest of 11 ti Wife, the individually titled PSECU account and any other cash accounts, stocks and investments titled in Husband's sole name. Wife hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest in and to said accounts, stocks and investments, including any increase in value thereon, and the monies contained therein. (3) The parties acknowledge that, during marriage, Wife maintained Waypoint Bank (now Sovereign), Manulife (formerly John Hancock), and PNC Bank stock titled in her sole name. Husband agrees Wife shall maintain, as her sole and separate property, free of any and all past, present or future right, title, claim or interest of Husband, said bank stock, as well as any other cash accounts, stocks and investments titled in Wife's sole name, free and clear of any past, present or future interest of Husband. (b) U.S. Savings Bonds. The parties acknowledge that, during marriage, they each acquired series EE US Savings Bonds in various denominations ranging from Twenty Five Dollars ($25.00) up to One Thousand Dollars ($1,000.00), the collective value of which is approximately Ninety Five Thousand Dollars ($95,000.00). The savings bonds are titled in the joint names of the parties. The parties agree that their U.S. Savings Bonds shall be divided equally, with the intent being that the total value of the bonds be divided in an equal fashion and, to the extent possible, that the cost basis of the bonds be divided equally so that tax liability upon liquidation will be equal to each party. To effectuate said transfer, the parties shall equally divide each of the various denominations by alternating purchase dates. For example, all bonds with a denomination of One Thousand Dollars ($1,000.00) shall be divided equally; all bonds with a denomination of Five Hundred Dollars ($500.00) shall be divided equally; all bonds with a denomination of Two Hundred Dollars ($200.00) shall be divided equally; and so forth. 12 Husband shall receive his share of the savings bonds contemporaneously with Wife's receipt of the lump sum alimony payment called for in paragraph 6, infra. (i) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (j) Property to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (k) Property to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 13 (1) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorneys' fees incurred by Husband in connection therewith. 14 r (o) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Notwithstanding the above, the parties agree that Husband shall pay to Wife as and for alimony a lump sum equivalent to Wife's retroactive entitlement to the Seventeen Thousand Dollars ($17,000.00) from Husband's SERS annuity, from the date of execution of this Agreement retroactive to July 1, 2005, which lump sum shall be paid no later than thirty (30) days from entry of the decree in divorce. Additionally, commencing December 1, 2006 and until such time as the 15 Y t DRO referenced in paragraph 5(f), supra, is implemented, Husband shall continue to pay Wife alimony in the amount of One Thousand Dollars ($1,000.00) per month with said payments to be received by Wife on or before the tenth (10~') day of each month. Said payments to terminate upon the death of either party or the date the DRO is implemented and Wife begins to receive the amounts to which she is entitled under paragraph 5(f), supra. 7. MEDICAL INSURANCE COVERAGE FOR WIFE. The parties acknowledge that Husband is currently providing medical insurance for Wife through his place of employment. Husband agrees to continue to provide said coverage until such time as a Divorce Decree is entered at which time his obligation to provide said coverage shall terminate. 8. COUNSEL FEES, COSTS AND EXPENSES. Each parry shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 16 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 17 Y ~ ~ ,j Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) 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 parry may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the mazital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, 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 mazital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regazdless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower'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 18 ,3 s 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. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be 19 + v entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Leonard A. Mihalich 352 Smithton Pike Smithton, PA 15479 and to Wife, if made or addressed to the following: Debra J. Mihalich 1065 Orrs Bridge Road Mechanicsburg, PA 17050 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they 20 s do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs 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, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the 21 ~. ~ subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS WITNESS L ARD A. MI ALICH DE IHAL 22 ~ ~, Z COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~h1FS-~ry~or~ larZC~ BEFORE ME, the undersigned authority, on this day personally appeared LEONARD A. MIHALICH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /~~`' day of ~~~ Je mb,e ~ , 2006. f l Notary Pu is in and for Commonwealth of Pennsylvania Typed or printed name of Notary: S' i l ~ k' f ~a I Notari~ see y R, ~rtak, Notary Public of Uniontown, Fayette. County My commission expires: M ommission Expires Mar. 24, 200 23 ~,~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ~ BEFORE ME, the undersigned authority, on this day personally appeared DEBRA J. MIHALICH, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this } ~~~' day of ~Q~i^t1~ , 2006. otary Pu in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: coMMO~r~u.YH of Pra~snv~ u< NOtARfAI sue. L BONTI, NOTARY PUBLtC CtT7Of HARRiSBt1R6, DAUPHIN COUNTY MY COMMISSION IXPtRES MAY 17, 200$ 24 c"? .:-~, '`'' d ~.: ~.. ~ -~ ~ _ c rMy 4.`-~ ~ f S _ .'3 f ' k "s;c~: .h.°' ':? r'. 1 4..~ ..._ _I., :_i..~ ~ Cl t,] .. . ~ ' _ t'3 n. 'Sl ,.. ~ ,~ Daniel M. Myshin, Esq. PA #40366 4800 Linglestown Road, Suite 305 Harrisburg, PA 17112-9507 Telephone: 717.541.5451 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LEONARD A. MIHALICH, Plaintiff v. DEBRA J. MIHALICH, . Defendant 04-4774 CNIL TERM CNIL ACTION - DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: Irrevocable breakdown under §3301(c) of the divorce code. 2. Date and manner of service of the complaint: By Acceptance of Service dated October 15, 2004. 3. Date of execution of the affidavit of consent required by §3301 of the divorce code: a. By plaintiff: Dated July 7, 2005 and filed August 5, 2005 b. By defendant: Dated August 3, 2005 and filed August 4, 2005. 4. Related claims pending: None. 5. Date waiver of notice in §3301(c) divorce is filed: 04/Mihalich/Praecipe 1 December 4, 2006 a. By plaintiff: Dated November 24, 2006 and filed December 4, 2006. b. By defendant: Dated November 17, 2006 and filed December 4, 2006. Res tfully submitted, , yshm, sq. PA #40366 4800 Linglestown oad, Suite 305 Harrisburg, PA 171 2-9507 Telephone: 717.541.5451 Facsimile :717.541.5457 04lMihalich/Praecipe December 4, 2006 2 . ~ ~ rej, -L i 4 1 i. i - i„'4 ~y i'i t" •~~ .Y.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ~ ~. LEONARD A. MIHALICH, -~, NO. 04-4774 CIVIL TERM VERSUS DEBRA J MIHALICH Defendant DECREE IN DIVORCE AND NOW , __ ~ _c e nn~ps,l J 2 ~ ~o IT IS ORDERED AND DECREED THAT LEONARD A. MIHALICH PLAINTIFF, AND .BRA J MTHAT TC'u 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 FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the terms, provisions and conditions of a certain Marital Settlement Agreeme between the parties date Novem er an attac a ereto may be enforced as provided by 23 Pa.C.S.A. 3105. Said agreement --------r n n e~~; + h + h , Order . ...:., nP~,-o ~.,.~ BY THE COURT: ATTEST: J PROTHONOTARY tea' ,~ 2 ~'l7""` '~°~ ~ 'I • ~i ~ :s MaY 16 2001 aq COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Leonard A. Mihalich Plaintiff CIVIL ACTION -LAW VS. Debra J. Mihalich Defendant IN DIVORCE NO. 04-4774 STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this ~ , ~_ day of IC ~^-'L the parties, Leonard A. Mihalich, Plaintiff and Debra J. Mihalich, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Leonard A. Mihalich (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERB"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is May 21, 1952, and his Social Security number is (deleted). 4. The Defendant, Debra J. Mihalich (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is July 12, 1952, and her Social Security number is (deleted). 5. Member's last known mailing address is: 352 Smithton Pike Smithton, PA 15479 6. Alternate Payee's current mailing address is: 1065 Orrs Bridge Road Mechanicsburg, PA 17055 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 1. The parties acknowledge that the Member's retirement option elections are final and irrevocable. 9. The Alternate Payee's share of Member's retirement benefit is $1,000.00 of the Member's gross monthly annuity as of the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement plus a pro rata share of any scheduled or ad hoc increase applied to the Member's gross monthly annuity after such date. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be paid 26.25% of any death benefit provided under Option 1. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders DRO Page 3 ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension and any death benefit provided under Option 1 shall be paid to her estate. 14. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as a beneficiary for 26.25% of any death benefit provided under Option 1. 15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SER5 shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; DRO Page 4 (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. The Member shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Member take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of her full entitlements hereunder. 21. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. 22. If Member's benefits are reduced as a result of lack of solvency of SERS, the amounts otherwise payable to the Alternate Payee shall be reduced to the same extent and in the same ratio as the Member's benefits are reduced. DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. /~^~~ ~ tiff/Member BY THE COURT V 1 Defendant/ mate ayee L Attorney for DefendantlAl ate Payee ~' ~ '`~ ; t' ~ ~--'~ ~Z~ ~~ ~ { \ i , ~ `~. 4 -~ r- . rrr '.,.,1 T. ~ "~ 3