HomeMy WebLinkAbout02-0659
In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No. 2002 - &-S-7
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at:
Office of the Prothonotary
Cwnberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cwnberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717)249-3166
In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No. 2002-
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
9. Plaintiff is retired from the United States Navy. Defendant is not in the Military
Service in the United States Armed Services. Neither Plaintiff nor Defendant are within the
provisions of the Soldiers' and Sailors' Relief Act of Congress of 1940 and its amendments.
10. Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in this Complaint are true and correct. I Wlderstand that
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to
Wlsworn falsification to authorities.
Date:
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Mark L. Konetski, aintiff
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Attorney for Plaintiff
I.D, # 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9502
Fax 731-9511
Michael S. Travis
ID No. 77399
4076 Market Street, Suite 209
Camp Hill, PA 17011
(717) 731-9509
In the Court of Common Pleas of Cumberland County,
Pennsylvania
SALLY L. KONETSKI,
Defendant.
)
)
)
)
)
)
No. 2002 - ~9
CIVIL TERM
IN DIVORCE
MARK L. KONETSKI,
Plaintiff,
vs.
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by his attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Mark Konetski, who resides at 1085 Pebble Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17050, since January 2001.
2. Defendant is Sally Louise Konetski, who resides at 2867 Crescent View Lane,
Charlotte, Mecklenburg County, North Carolina, 28269, since September 1999.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 12, 1972, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, Plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. Plaintiff has been advised that cOWlseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in cOWlseling.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No. 2002 - 659
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on
February 7, 2002.
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 of divorce after service of notice of
intention to request entry ofthe decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No. 2002 - 659
CIVIL TERM
IN DIVORCE
vs,
SALLY L. KONETSKI,
Defendant.
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on
February 7, 2002.
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 of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
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No. 2002 - 659
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNI)ER & 3301(c)..oF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary .
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date:
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No. 2002 - 659
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER 6 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn
falsification to authorities.
Date: ~ N, tM~^
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MARK L. KONETSKI,
Plaintiff,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
)
)
)
)
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No. 2002 - 659
vs.
SALLY L. KONETSKI,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. 7000 1670000089540052, return receipt requested, by
depositing the same in the United States mail on February 7, 2002, pursuant to Rule 1920.4 of
the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As
indicated by the green return receipt card attached hereto, the Complaint was received by the
Defendant on February 15,2002.
I verifY that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn
falsification to authorities.
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Michael S. Travis
ID No, 77399
4076 Market Street, Suite 209
Camp Hill, P A 17011
(717) 731-9502
MARK L. KONETSKI,
Plaintiff,
In the Court of Common Pleas of Cumberland County,
Pennsylvania
)
)
)
)
)
)
No. 2002 - 659
vs.
SALLY L. KONETSKI,
Defendant.
CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
Code.
1. Ground for divorce: irretrievable breakdown under ~ 3301(c)(l) of the Divorce
2. Date and manner of service of the complaint: Complaint was mailed February 7,
2002, via United States certified mail, restricted delivery, return receipt requested to Defendant,
which was received by Defendant on February 15,2002, Affidavit of service attached hereto.
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce
Code: by Plaintiff on May 17, 2002; by Defendant on May 21, 2002.
4. Related claims pending: Economic claims are resolved by Marital Settlement
Agreement dated March 19,2002, incorporated by reference hereto.
5. Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the
prothonotary: $"- 28--02- .
~te Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
prolhonolmy,;>--"F--Z . ~
chael S. Travis
Attorney for Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No, 2002 -659
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
, 2002, upon consideration of the
I. Inteigc Corp., and Plan Administrator: Integic Corporation, c/o Betty Guyer,
14585 Avion Parkway, Chantilly, Virginia 20151, telephone: 703-222-2869, are directed to
award the sum of Twenty-Four Thousand Dollars ($24,000.00) interest in Plaintiff's 40l-K
account no.173-38-5202, to Sally L. Konetski, as an Alternate Payee.
2. Information regarding her share of said account is to be directed to Sally L.
Konetski, 2867 Crescent View Lane, Charlotte, North Carolina 28269.
3. It is intended that this Order shall qualify as a Qualified Domestic Relations Order
under the Retirement Equity Act of 1984 and any successor acts or amendments. The Court
retains jurisdiction to amend this Order as might be necessary to establish or maintain its status
as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984.
By the Court:
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
MARK L. KONETSKI,
Plaintiff,
)
)
)
)
)
)
No, 2002 -659
CIVIL TERM
IN DIVORCE
vs.
SALLY L. KONETSKI,
Defendant.
STIPULATION FOR ENTRY OF A
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 28th day of April, 2002, comes the parties and enter into
the following stipulation:
1. Plaintiff is Mark L. Konetski, Social Security No. 173-38-5202, an adult residing
at 1085 Pebble Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant is Sally L. Konetski, Social Security No. 206-38-8736, an adult
residing at 2867 Crescent View Lane, Charlotte, North Carolina, 28269.
3. Pursuant to an action in divorce, captioned above, the parties have entered into an
Agreement to resolve the outstanding issues related to their marriage and divorce. A copy of this
agreement is attached hereto and is made part of this Stipulation and is marked as Exhibit "A."
4.
Virginia.
5. The Plaintiff, Mark L. Konetski has a 401-K with his employer, administered by:
Integic Corporation, c/o Betty Guyer, 14585 Avion Parkway, Chantilly, Virginia 20151,
telephone: 703-222-2869.
The Plaintiff, Mark L. Konetski, is employed at Integic Corp., of Chantilly,
6. Pursuant to the Agreement reached by the parties, the amount of Twenty-Four
Thousand Dollars ($24,000.00) from the 401-K account, no. 173-38-5202 shall be the sole and
exclusive property of Sally L. Konetski, Alternate Payee. Information regarding the account
including any sub-accounts, distribution options or account management shall be sent to Sally L.
Konetski at 2867 Crescent View Lane, Charlotte, NC 28269.
7. The Alternate Payee shall have the same rights with regard to her portion of the
account as are available to the Participant, Plaintiff, with regard to his remaining portion of the
account.
8. Any reasonable costs incurred by the Plan Administrator to effectuate the terms
and provision of the Qualified Domestic Relations Order shall be shared equally by the parties.
9. The parties hereby agree to sign any forms or documents required to implement
this Stipulation.
AND NOW, intending to be legally bound, the parties enter their hands and seals as
follows:
'l:SSETH: ~i6
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(SEAL)
~GESETTLEMENTAGREEMENT
THIS AGREEMENT made this \ 't~day of Y)I"r(~ , 2002, by and between Mark L.
Konetski, (hereinafter referred to as "Husband,") and Sally L. Konetski, (hereinafter referred to
as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on August 12, 1972; and
WHEREAS, Husband and Wife are the natural parents of one adult child, Ashley
Konetski, age 24;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and
agree as follows;
1. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the parties if they
each have executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be defined as fourteen
days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each
party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next
business date.
1
2, ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this Agreement
with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is
represented by . Husband and Wife acknowledge that this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. The parties further acknowledge that they have
each made to the other a full accounting of their respective assets, estate, liabilities, and sources
of income and that they waive any specific enumeration thereof for the purpose of this
Agreement. Each party agrees that he or she shall not at any future time raise as a defense or
otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
3, SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the lawfulness or unlawfulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
fully as if he or she were single and unmarried except as may be necessary to carry out the
provisions of the agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the other.
5. DIVISION OF PERSONAL PROPERTY
The parties hereto have divided between themselves, to their mutual satisfaction,
all items of tangible marital property. Excepting the list attached hereto as Exhibit "A," neither
party shall make any claim to any other such items of marital property, or to the separate
personal property of either property, which are now in the possession and/or under the control of
the other.
Financial Accounts: Upon the sale of the parties marital residence at 200 Marsh
Island Drive, Chesapeake, VA, the parties deposited funds into a brokerage account, with Muriel
Sibert & Co., No. CXT2l8162, with a current market value of approximately $24,116.79. With
respect to these funds it is agreed that wife shall receive the following shares:
2
Dell 175 shares
Verizon 208 shares
RRRR 312.5 shares
Capital reserves: $ 27.28
Husband shall receive the following shares:
Dell 175 shares
Verizon 81.086 shares
RRRR 312.5 shares
Capital reserves: $27.27
Wife's shares are currently worth approximately $15,093.55. Husband's shares are currently
worth approximately: $9,023.24. The parties agree to maintain the account jointly and sell when
market conditions are mutually favorable.
The parties also possess the following assets:
Savings account no.: 0606024-008NFCU
Roth lRA(s) and Conversion IRA
account nos.: USAA (W)5945555, (H)1454251
401(k) account nos: INTEGIC Corp., Mark Konetski
ESOP, account nos.: MANTECH Int'!. Corp., Mark Konetski
Insurance policy: All American Life, account nos.: L2073172, L2125143
more particularly described on the attached spreadsheet.
In exchange for the above, and mutual agreements contained throughout this agreement,
wife shall receive: Twenty-Four Thousand Dollars ($24,000.00), as her share of the Individual
Retirement Accounts, Insurance policies, and 401(k).
Transfer of the interest in of the $24,000,00 shall be accomplished by
Qualified Domestic Relations Order as soon as practicable upon execution
of this Agreement,
3
After distribution as described above, Wife shall make no further claim to any of the IRA,
Savings or Insurance accounts which shall thereafter be the sole and exclusive property of
Husband.
The parties agree to cooperate in transferring any title or document to accomplish the
above distribution.
The parties further agree that they have agreed to divide their personal property according
to the attached list, marked as "Exhibit B." Neither party will make any claim to any items
which are now in the possession or under the control of the other, following distribution
according to Exhibit B.
6, SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Wife shall receive alimony pendente lite in the amount of$400.00 per month
pending entry of the divorce decree. Payments made prior to the entry of a divorce decree shall
be deducted from the total number of alimony payments under Paragraph 7. Thereafter, Wife
shall be entitled to alimony pursuant to Paragraph 7. Each party agrees to relinquish any right to
further Support/and Alimony Pendente Lite.
CIllLD SUPPORT
There are no minor children of the parties. There is no payment of child support
under this agreement.
7. ALIMONY
(a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23
Pa.C.S.A. ~ 3701, commencing on the distribution date of this Agreement, Husband shall pay to
Wife as alimony the sum of Four-Hundred Dollars ($400.00) per month, payable on the 10th day
of each month which shall terminate only under the provisions of paragraph (b). The first
payment shall be due on the 10th day of the month following the distribution date of this
agreement, 2002.
(b) Notwithstanding the provisions of the above paragraph, the alimony payments
provided for in this paragraph shall terminate upon the ,first to occur of: (i) Wife's remarriage; (ii)
Wife's cohabitation pursuant to 23 Pa.C.S.A. S3706; (iii) Wife's death; (iv) Husband's death or at
the end of ten years (120 months) following the first payment of alimony or alimony pendente lite
under paragraph 6.
4
(c) Wife and Husband represent and acknowledge that they each have sufficient
property for her or his reasonable needs and are able to support herself or himself through
appropriate employment.
(d) Wife does hereby acknowledge that the current rate of inflation may change;
that Husband's income and assets may substantially increase in value; that her present
employment may change; that her health may deteriorate and she may not be employed at
various times in the future; that Husband may receive substantial inheritance in the future; and
that notwithstanding these or other economic circumstances which may be a change in
circumstances of a substantial and continuing nature, the payments for her support and
maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her
with sufficient fmancial resources to maintain and support herself in accordance with the
standard of living to which she is accustomed. Notwithstanding anything to the contrary in the
Divorce Code, Wife does expressly waive, discharge and release any and all rights and claims
which she may have now or hereafter by reason of the parties' marriage to additional alimony,
alimony pendente lite, support and/or maintenance or any other benefits resulting from the
parties' status as husband and wife, and further waives, discharges and releases any right which
she may hereafter have to 'seek modification of the tenns of this Agreement in a court of law or
equity, it being understood that the foregoing constitutes a final detennination for all time of
Husband's obligation to Wife's support and maintenance.
(e) Husband does hereby acknowledge that the current rate of inflation may
change; that his earning power may decrease, or his health may deteriorate; that Wife's income
and assets may substantially increase in value; that she may be employed at various times in the
future; and that notwithstanding these or other economic circumstances which may be a change
in circumstances of a substantial and continuing nature, the payments for Wife's support and
maintenance which are required under this paragraph are fair, just and reasonable. Therefore,
except as set forth in this Agreement, Husband does hereby expressly waive, discharge and
release any and all rights and claims which he may have now or hereafter by reason of the
parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any other
benefits resulting from the parties status as wife and husband, and further waives, discharges and
releases any and all rights which he may now or hereafter have to seek modification of the tenns
of this Paragraph in a court ofIaw or equity, it being understood that the foregoing constitutes a
[mal detennination for all time of Husband's obligation to contribute to Wife's support and
maintenance.
(f) Notwithstanding anything contained in this Agreement to the contrary, if a
final decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby
5
, '
forfeits those payments which she is to receive under this Paragraph and Husband's obligation to
make such payments shall cease.
(g) Notwithstanding anything contained in this Agreement to the contrary, if a
final decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Husband, Husband
hereby forfeits those payments which he has paid.
8. LIFE INSURANCE
Neither party will be required to maintain any policy of insurance for the benefit
of the other party.
9. AUTOMOBILES
The parties were the owners of one vehicle, a leased 1999 Jeep. The vehicle was
returned to the lender upon expiration of the lease.
Any automobiles in the possession of either Husband or Wife are deemed their
sole and exclusive property. Should any action be required to transfer title or other document of
ownership, the parties will take steps to transfer and reflect ownership as soon as possible after
the distribution date.
Both parties agree to assume all responsibility and hold each other harmless for
any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be bome equally by the parties.
10. DIVISION OF REAL PROPERTY
The parties held title to real property located at 200 Marsh Island Drive,
Chesapeake, VA. The property was sold for $291,200. The proceeds were placed in the
brokerage account discussed in paragraph 5. Distribution of those funds will be made according
to paragraph 5.
Husband has acquired separate real property following separation in December of
1999. Husband purchased real property at 1085 Pebble Court, in Mechanicsburg, P A.
6
From the date of the execution of this Agreement, both parties shall be solely
responsible for all past, present and future costs, expenses or liabilities attributable and/or
resulting from the ownership of their residences purchased post separation.
II, PENSION AND RETIREMENT ACCOUNTS
Individual Retirement Accounts, 401(k) accounts, insurance, savings and
brokerage accounts are covered under paragraph 5. Of these accounts wife shall receive the
identified shares of stock and capital held in the brokerage account(s). Wife shall also receive by
Qualified Domestic Relations Order the sum of $24,000.00. That sum will be paid from the
40 I (k) account.
After distribution, according to the above, Husband and Wife shall maintain their
separate pension, IRA and/or retirement accounts.
Wife shall receive the sum of forty-two 42% of Husband's United States Navy
military retired pay. Wife relinquishes any further interest in Husband's United States Navy
Pension,
Further, Husband agrees to maintain Wife as the beneficiary on Husband's Naval
Survivor Benefit Plan, until such time as he remarries. This will be accomplished by electing
Wife as the "Former Spouse" option with the DFAS. Upon remarriage, Husband shall have the
option of changing the beneficiary.
12. MEDICAL INSURANCE
Each party will be responsible for maintaining their own medical insurance
following entry of the divorce decree.
13. MARITAL DEBTS
(a) Both parties will continue to be responsible for all individual obligations
incurred during the marriage. Each party shall be responsible and hold the other harmless for
debts incurred solely in their name.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
7
, '
(c) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all
obligations separately incurred or asswned under this Agreement.
There is presently a student loan for Ashley Konetski's college tuition. The
approximate balance is believed to be $12,924.37. Ashley Konetski has a mutual fl.md worth
approximately $3,891.61 which will be used to pay toward the balance of the debt. The balance
of approximately $9,032.76 wil' be the obligation of Husband. Husband agrees to indemnify and
hold Wife harmless for this obligation.
14. FILING OF IRS RETURNffAXES
Husband and Wife agree to file separate tax returns for the tax year in which the
Decree in Divorce is entered.
15. DIVORCE
The parties agree to cooperate with each other in obtaining a final divorce of the
marriage. It is agreed that the parties will execute and allow to be filed the necessary docwnents
to obtain a divorce under Section 3301(c) of the Divorce Code.
16, DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into.
17. INCORPORATION
This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
18. CONTINUED COOPERA nON
The parties agree that they will, after the execution of this Agreement, execute any
and all written instruments, assignments, releases, deeds or notes or other such writings as may
be necessary or desirable for the proper effectuation of this Agreement.
8
19. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
20. BREACH
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and costs incurred by the other in
enforcing their rights under this Agreement or for seeking such other remedies or relief as may
be available to him or her.
21. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that the Agreement is fair and equitable; that it is being entered into
voluntarily; and that it is not the result of any duress or undue influence.
22. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right
to take against the will of the other and the right to act as administrator or executor of the other's
estate.
23. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns,
24. MODlFICA TION AND WAIVER
Any modification or waiver of any of the provisions of this Agreement shall be
9
effective only if made in writing and executed with the same formalities as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
25. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may have
been made or executed or verbally discussed prior to the date and time of this Agreement are null
and void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
27. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
IN WIlNESS WHEREOF, the parties set their hands and seals the day and the
year first written above,
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EXmBlT B
Property in possession of Husband to be delivered to Wife:
None.
Property in possession of Wife to be delivered to Husband:
None.
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1'W. o.;J - '59 (J;xt ""U.-
~GESETTLEMENTAGREEMENT
THIS AGREEMENT made this \ G~ day of ""o.r~ , 2002, by and between Mark L.
Konetski, (hereinafter referred to as "Husband,") and Sally L. Konetski, (hereinafter referred to
as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on August 12,1972; and
WHEREAS, Husband and Wife are the natural parents of one adult child, Ashley
Konetski, age 24;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bOWld hereby do covenant and
agree as follows;
I, DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be dermed as the date of execution by the parties if they
each have executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be defined as fourteen
days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each
party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next
business date.
1
'" 'c'
2. ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this Agreement
with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is
represented by . Husband and Wife acknowledge that this Agreement is
not the result of any duress or undue influence and that it is not the result of any collusion or
improper or illegal agreement or agreements. The parties further acknowledge that they have
each made to the other a full accounting of their respective assets, estate, liabilities, and sources
of income and that they waive any specific enwneration thereof for the purpose of this
Agreement. Each party agrees that he or she shall not at any future time raise as a defense or
otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
3. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and apart
from the other party at such place or places as he or she may from time to time choose or deem
fit. The foregoing provisions shall not be taken as an admission on the part of either party as to
the lawfulness or unlawfulness of the causes leading to their living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the other as
fully as ifhe or she were single and unmarried except as may be necessary to carry out the
provisions of the agreement. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart from the other,
5. DIVISION OF PERSONAL PROPERTY
The parties hereto have divided between themselves, to their mutual satisfaction,
all items of tangible marital property. Excepting the list attached hereto as Exhibit "A," neither
party shall make any claim to any other such items of marital property, or to the separate
personal property of either property, which are now in the possession and/or under the control of
the other.
Financial Accounts: Upon the sale of the parties marital residence at 200 Marsh
Island Drive, Chesapeake, V A, the parties deposited funds into a brokerage account, with Muriel
Sibert & Co., No. CXT218162, with a current market value of approximately $24,116.79, With
respect to these funds it is agreed that wife shall receive the following shares:
2
,.,
Dell 175 shares
Verizon 208 shares
RRRR 312.5 shares
Capital reserves: $ 27.28
Husband shall receive the following shares:
Dell 175 shares
Verizon 81.086 shares
RRRR 312.5 shares
Capital reserves: $27.27
Wife's shares are currently worth approximately $15,093.55. Husband's shares are currently
worth approximately: $9,023.24. The parties agree to maintain the account jointly and sell when
market conditions are mutually favorable.
The parties also possess the following assets:
Savings account no.: 0606024-008NFCU
Roth lRA(s) and Conversion IRA
account nos.: USAA (W)5945555, (H)1454251
401(k) account nos: INTEGIC COIp., Mark Konetski
ESOP, account nos.: MANTECH Int'I. Corp., Mark Konetski
Insurance policy: All American Life, account nos.: L2073172, L2125143
more particularly described on the attached spreadsheet.
In exchange for the above, and mutual agreements contained throughout this agreement,
wife shall receive: Twenty-Four Thousand Dollars ($24,000.00), as her share of the Individual
Retirement Accounts, Insurance policies, and 401(k).
Transfer of the interest in of the $24,000.00 shall be accomplished by
Qualified Domestic Relations Order as soon as practicable upon execution
of this Agreement.
3
'Ill \I"
After distribution as described above, Wife shall make no further claim to any of the IRA,
Savings or Insurance accounts which shall thereafter be the sole and exclusive property of
Husband,
The parties agree to cooperate in transferring any title or docwnent to accomplish the
above distribution.
The parties further agree that they have agreed to divide their personal property according
to the attached list, marked as "Exhibit B." Neither party will make any claim to any items
which are now in the possession or under the control of the other, following distribution
according to Exhibit B.
6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE
Wife shall receive alimony pendente lite in the amount of $400.00 per month
pending entry of the divorce decree, Payments made prior to the entry of a divorce decree shall
be deducted from the total nwnber of alimony payments under Paragraph 7, Thereafter, Wife
shall be entitled to alimony pursuant to Paragraph 7. Each party agrees to relinquish any right to
further Support/and Alimony Pendente Lite.
CIDLD SUPPORT
There are no minor children of the parties. There is no payment of child support
under this agreement.
7. ALIMONY
(a) In recognition of the criteria set forth in Section 3701 of the Divorce Code, 23
Pa.C.S.A. ~ 3701, commencing on the distribution date of this Agreement, Husband shall pay to
Wife as alimony the swn of Four-Hundred Dollars ($400.00) per month, payable on the 10th day
of each month which shall terminate only under the provisions of paragraph (b), The first
payment shall be due on the lOth day of the month following the distribution date of this
agreement, 2002.
(b) Notwithstanding the provisions of the above paragraph, the alimony payments
provided for in this paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii)
Wife's cohabitation pursuant to 23 Pa.C.S.A. ~3706; (Hi) Wife's death; (iv) Husband's death or at
the end of ten years (J 20 months) following the first payment of alimony or alimony pendente lite
under paragraph 6.
4
(c) Wife and Husband represent and acknowledge that they each have sufficient
property for her or his reasonable needs and are able to support herself or himself through
appropriate employment.
(d) Wife does hereby acknowledge that the current rate of inflation may change;
that Husband's income and assets may substantially increase in value; that her present
employment may change; that her health may deteriorate and she may not be employed at
various times in the future; that Husband may receive substantial inheritance in the future; and
that notwithstanding these or other economic circumstances which may be a change in
circumstances of a substantial and COI1tinuing nature, the payments for her support and
maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her
with sufficient financial resources to maintain and support herself in accordance with the
standard of living to which she is accustomed. Notwithstanding anything to the contrary in the
Divorce Code, Wife does expressly waive, discharge and release any and all rights and claims
which she may have now or hereafter by reason of the parties' marriage to additional alimony,
alimony pendente lite, support and/or maintenance or any other benefits resulting from the
parties' status as husband and wife, and further waives, discharges and releases any right which
she may hereafter have to seek modification of the tenns of this Agreement in a court of law or
equity, it being understood that the foregoing constitutes a final detennination for all time of
Husband's obligation to Wife's support and maintenance.
(e) Husband does hereby acknowledge that the current rate of inflation may
change; that his earning power may decrease, or his health may deteriorate; that Wife's income
and assets may substantially increase in value; that she may be employed at various times in the
future; and that notwithstanding these or other economic circumstances which may be a change
in circumstances of a substantial and continuing nature, the payments for Wife's support and
maintenance which are required under this paragraph are fair, just and reasonable. Therefore,
except as set forth in this Agreement, Husband does hereby expressly waive, discharge and
release any and all rights and claims which he may have now or hereafter by reason of the
parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any other
benefits resulting from the parties status as wife and husband, and further waives, discharges and
releases any and all rights which he may now or hereafter have to seek modification of the tenns
of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a
fmal detennination for all time of Husband's obligation to contribute to Wife's support and
maintenance.
(f) Notwithstanding anything contained in this Agreement to the contrary, if a
fmal decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Wife, Wife hereby
5
",
forfeits those payments which she is to receive under this Paragraph and Husband's obligation to
make such payments shall cease.
(g) Notwithstanding anything contained in this Agreement to the contrary, if a
final decree of divorce has not been awarded to either Wife or Husband within three months of
the date of execution of this Agreement due to the action or inaction of Husband, Husband
hereby forfeits those payments which he has paid.
8. LIFE INSURANCE
Neither party will be required to maintain any policy of insurance for the benefit
of the other party.
9. AUTOMOBILES
The parties were the owners of one vehicle, a leased 1999 Jeep. The vehicle was
returned to the lender upon expiration of the lease.
Any automobiles in the possession of either Husband or Wife are deemed their
sole and exclusive property. Should any action be required to transfer title or other document of
ownership, the parties will take steps to transfer and reflect ownership as soon as possible after
the distribution date.
Both parties agree to assume all responsibility and hold each other harmless for
any and all liability, including insurance, costs and expenses associated with ownership of the
above. The costs of any title transfers or fees shall be borne equally by the parties.
10. DMSION OF REAL PROPERTY
The parties held title to real property located at 200 Marsh Island Drive,
Chesapeake, V A. The property was sold for $291,200. The proceeds were placed in the
brokerage account discussed in paragraph 5. Distribution of those funds will be made according
to paragraph 5.
Husband has acquired separate real property following separation in December of
1999. Husband purchased real property at 1085 Pebble Court, in Mechanicsburg, P A.
6
'i' "
From the date of the execution of this Agreement, both parties shall be solely
responsible for all past, present and future costs, expenses or liabilities attributable and/or
resulting from the ownership of their residences purchased post separation.
II. PENSION AND RETIREMENT ACCOUNTS
Individual Retirement Accounts, 401(k) accounts, insurance, savings and
brokerage accounts are covered under paragraph 5. Of these accounts wife shall receive the
identified shares of stock and capital held in the brokerage account(s). Wife shall also receive by
Qualified Domestic Relations Order the sum of $24,000.00. That sum will be paid from the
401(k) account.
After distribution, according to the above, Husband and Wife shall maintain their
separate pension, IRA and/or retirement accounts.
Wife shall receive the sum offorty-two 42% of Husband's United States Navy
military retired pay. Wife relinquishes any further interest in Husband's United States Navy
Pension.
Further, Husband agrees to maintain Wife as the beneficiary on Husband's Naval
Survivor Benefit Plan, until such time as he remarries. This will be accomplished by electing
Wife as the "Fonner Spouse" option with the DFAS. Upon remarriage, Husband shall have the
option of changing the beneficiary.
12. MEDICAL INSURANCE
Each party will be responsible for maintaining their own medical insurance
following entry of the divorce decree.
13. MARITAL DEBTS
(a) Both parties will continue to be responsible for all individual obligations
incurred during the marriage. Each party shall be responsible and hold the other harmless for
debts incurred solely in their name.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
7
'. ~
(c) Since separation, neither party has contracted for any debts which the other
will be responsible for and each party indemnifies and holds harmless the other for all
obligations separately incurred or assumed under this Agreement.
There is presently a student loan for Ashley Konetski's college tuition. The
approximate balance is believed to be $12,924.37. Ashley Konetski has a mutual fund worth
approximately $3,891.61 which will be used to pay toward the balance of the debt. The balance
of approximately $9,032.76 wil~ be the obligation of Husband. Husband agrees to indemnify and
hold Wife harmless for this obligation.
14. FILING OF IRS RETURNrrAXES
Husband and Wife agree to file separate tax returns for the tax year in which the
Decree in Divorce is entered.
15. DIVORCE
The parties agree to cooperate with each other in obtaining a fmal divorce of the
marriage, It is agreed that the parties will execute and allow to be filed the necessary documents
to obtain a divorce under Section 3301(c) of the Divorce Code.
16. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a fmal decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties, heirs or
assigns shall enter into the same status as after the Agreement was entered into,
17. INCORPORATION
This agreement is to be incorporated for the purposes of enforcement, but not
merged into any subsequent Decree in Divorce.
18. CONTINUED COOPERATION
The parties agree that they will, after the execution of this Agreement, execute any
and all written instruments, assignments, releases, deeds or notes or other such writings as may
be necessary or desirable for the proper effectuation of this Agreement.
8
'I' I ".
19. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
20. BREACH
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach, and the party breaching this
contract shall be responsible for the payment of legal fees and costs incurred by the other in
enforcing their rights under this Agreement or for seeking such other remedies or relief as may
be available to him or her.
21. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that the Agreement is fair and equitable; that it is being entered into
voluntarily; and that it is not the result of any duress or undue influence.
22. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future laws of any jurisdiction to share in
the property or the estate of the other as a result of the marital relationship, including without
limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right
to take against the will of the other and the right to act as administrator or executor of the other's
estate.
23. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and assigns.
24. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of this Agreement shall be
9
..
effective only if made in writing and executed with the same formalities as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this Agreement
shall not be construed as a waiver of any subsequent default of the same or similar nature.
25. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may have
been made or executed or verbally discussed prior to the date and time of this Agreement are null
and void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
27. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties set their hands and seals the day and the
year first written above.
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EXHIBIT B
Property in possession of Husband to be delivered to Wife:
None.
Property in possession of Wife to be delivered to Husband:
None.
.,
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Commonwealth of Pennsylvania:
ss:
County of CM.Wlber/t>-f'd
PERSONALLY APPEARED BEFORE ME, this Iq-thdayof VYlc..rc h ,2002, a
notary public, in and for the Commonwealth of Pennsylvania, Mark L.Konetski, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that he executed the same for the purposes herein contained.
IN WIlNESS WHEREOF, I have hereunto set my hand and official seal.
~~./J. (}~~
Notary Public
Notarial seal PubliC
Hope A. MattoS. =~nd county
Camp HiU Boro'~res ()ct. 11, 2004
My commIsSIon of NOtariIlS
P8lInsYlva/lla~
MernD8f,
County of ~t",-bitrj
ss:
PERSONALL Y APPEARED BEFORE ME, this 1!!:-day of fYvld!.J...____ , 2002, a
notary public, in and fo~ ~ iJ~ &r, II M _ , Sally L. Konetski, known to me (or
satisfactorily proven to be) the person whose name is subscribed to the within agreement and
acknowledged that she executed the same for the purposes herein contained.
jLt--~,
Nobrry Public
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
MARK L. KONF.TSKT,
Plaintiff,
No. 2002 - 659
VERSUS
SALLY La KONF.TSKT,
Defendant.
DECREE IN
DIVORCE
i.C1', 2..7~
,~ IT IS ORDERED AND
AND NOW'~
10
DECREED THAT Mark La Knm~t:!'lki
, PLAINTIFF,
AND Sally L. Konetski
, 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;
The Marital Settlement Aqreement dated March 19, 2002 is
incorporated but not merged into this Decree.
PROTHONOTARY
,
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Michael S. Travis
Attorney at Law
In No, 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
INRE:
MARK L. KONETSKI
Plaintiff/Petitioner
)
)
)
)
)
)
)
No. 2002-659
CIVIL TERM
IN DIVORCE
vs.
SALL Y L. KONETSKI
Defendant/Respondent
Petition to Confirm Removal of Survivor Benefit Designation of Former Spouse
Now comes the Petitioner, Mark L. Konetski, by and through his attorney, Michael S.
Travis, and petitions the Court to confirm removal of former spouse survivor designation as
follows:
1. Petitioner is Mark L. Konetski who resides at 607 Sandpiper Lane, New
Cumberland, Pennsylvania, 17070.
2. Respondent is Sally L. Konetski who resides at 10742 Hill Point Court, Charlotte,
North Carolina, 28262.
3. The Court issued a Decree in Divorce on June 10,2002 at the above docket
number. The Court retained jurisdiction of claimed for which a final Order has not yet been
entered. A copy of the Decree in Divorce is attached hereto as Exhibit A.
4. On March 19, 2002, the parties entered into an Agreement settling economic
issues. The Agreement was filed on May 28, 2002, and incorporated, but not merged into the
Decree in Divorce. The relevant portions of the Agreement are attached hereto as Exhibit B.
5. Paragraph 11 of the Agreement provided that Husband shall maintain Wife as the
beneficiary on his Naval Survivor Benefit Plan ("SBP") until such time as he remarries. Upon
remarriage, he has the option of changing the beneficiary.
6. On June 18,2005 Husband remarried. The name of his new wife is: Margo A.
Konetski (Ferris). A copy of his marriage certificate is attached hereto as Exhibit C.
7. Petitioner is eligible to transfer survivor benefit coverage to his current spouse
with the Navy through the Defense Finance and Accounting Service.
8. Respondent, Sally L. Konetski, concurs with this Petition. A copy of her
notarized authorization is attached as Exhibit D.
WHEREFORE, Petitioner prays this Honorable Court to issue an Order that confirms his
current spouse, Margo A. Konetski (Ferris), as eligible to receive Survivor Benefit Plan coverage
pursuant to the Agreement of the parties dated March 19,2002, and the Court's Order granting a
Decree in Divorce on June 10, 2002.
.
,
1 e . Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Attorney for Petitioner
VERIFICATION
I verify that the statements made in this Petition 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.
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Mark L. Konetski, Petitioner
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
MARK L. KONETSKI,
PENNA.
STATE OF
No.
2002 - 659
Plaintiff,
VERSUS
SALLY L. KONETSKI,
Defendant.
DECREE IN
DIVORCE
04:27 PM
AN D NOW, June 10
2002
, IT IS ORDERED AND
DECREED THAT Mark L. Konetski
, PLAI NTI FF,
AND Sally L. Konetski
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
The Marital Settlement Agreement dated March 19, 2002 is
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but not merged into this Decree.
By THE COURT:
George E. Hoffer
ATTEST~~
Certified Copy Issued: June 11, 2002
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NOTARY
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THIS AGREEMENT made this \.C,tt'day of n'lo.rcb ,2002, by and between Mark L. ~:)
Konetski, (hereinafter referred to as "Husband, ") and Sally L. Konetski, (hereinafter referreoto
as "Wife").
WITNESSETH:
WHEREAS, the Husband and Wife were lawfully married on August 12, 1972; and
WHEREAS, Husband and Wife are the natural parents of one adult child, Ashley
Konetski, age 24;
WHEREAS, differences have arisen between Husband and Wife in consequence of which
they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and detennine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and
agree as follows;
1. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the parties if they
each have executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be 'defined as the date of execution by the party last
executing this Agreement.
(b) Distribution Date. The phrase "diStribution date" shall be defined as fourteen
days following the entry of a final decree in divorce and the :filing of Waivers of Appeals by each
party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next
business date.
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From the date of the execution of this Agreement, both parties shall be solely
responsible for all past, present and future costs, expenses or liabilities attributable and/or
resulting from the ownership of their residences purchased post separation.
11. PENSION AND RETIREMENT ACCOUNTS
Individual Retirement Accounts, 401(k) accounts, insurance, savings and
brokerage accounts are covered under paragraph 5. Of these accounts wife shall receive the
identified shares of stock and capital held in the brokerage account(s). Wife shall also receive by
Qualified Domestic Relations Order the sum of $24,000.00. That sum will be paid from the
40 I (k) account.
After distribution, according to the above, Husband and Wife shall maintain their
separate pension, IRA and/or retirement accounts.
Wife shall receive the sum of forty-two 42% of Husband's United States Navy
military retired pay. Wife relinquishes any further interest in Husband's United States Navy
Pension.
Further, Husband agrees to maintain Wife as the beneficiary on Husband's Naval
Survivor Benefit Plan, until such time as he remarries. This will be accomplished by electing
Wife as the "Former Spouse" option with the OF AS. Upon remarriage, Husband shall have the
option of changing the beneficiary.
12. MEDICAL INSURANCE
Each party will be responsible for maintaining their own medical insurance
following entry of the divorce decree.
13. MARITAL DEBTS
(a) Both parties will continue to be responsible for all individual obligations
incurred during the marriage. Each party shall be responsible and hold the other harmless for
debts incurred solely in their name.
(b) Wife and Husband represent that they have taken all steps necessary to make
sure that no credit cards or similar accounts exist which provide for joint liability. From the date
of execution of this Agreement, each party shall use only those cards and accounts for which that
party is individually liable.
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e only if made in writing and executed with the same formalities as this Agreement. The
of either party to insist upon strict performance of any of the provisions of this Agreement
1 not be construed as a waiver of any subsequent default of the same or similar nature.
25. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may have
been made or executed or verbally discussed prior to the date and time of this Agreement are null
and void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth herein.
27. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They shall not
have any binding effect whatsoever in determining the rights or obligations of the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth of
Pennsylvania.
IN WI1NESS WHEREOF, the parties set their hands and seals the day and the
year fIrst written above.
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To: DFAS
US Military Retired Pay
P.O. Box 7130
London, Kentucky 40742-7130
June 19, 2006
Fax: 800-469-6559
Subj: Former Spouse Request for Change in SBP Beneficiary Status
To whom it may concern:
I am a "Former Spouse" who is the current beneficiary on my former-husband's Survivor Benefit
Plan (SBP). By this letter, I am informing you that I am voluntarily relinquishing my status as
the "Former Spouse" beneficiary to my former-husband's SBP. I am taking this action in
conformance with the agreement my former husband and I decided upon in our property
settlement agreement, i.e. change in SBP beneficiary due to his remarriage. Please make the
necessary adjustments. The following information is pertinent.
My name (Former Spouse):
Sally L. Konetski
Mark L. Konetski
SSN:_8736
SSN: -'5202
Former Husband's name:
It is my understanding that my former husband has already provided you with the new
beneficiary information. Your assistance in making this change is appreciated, If you have
questions, you may reach me at 704-453-3377.
Thank you.
~.
onetski
/Jl
EXMIIIT
D
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
INRE:
MARK L. KONETSKI
Plaintiff/Petitioner
)
)
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)
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No. 2002-659
CIVIL TERM
IN DIVORCE
vs.
SALL Y L. KONETSKI
Defendant/Respondent
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid, or the means specified:
Mark L. Konetski
607 Sandpiper Lane
New Cumberland, P A 17070
Sally L. Konetski
10742 Hill Point Court
Charlotte, NC 28262
i ael S. ravis
ID No. 77399
3904 Trindle Road
Camp Hill, P A 17011
717-731-9502
Date: Vb7~?
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MARK L. KONETSKI
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
SALLY L. KONETSKI
: NO. 2002 - 659 CIVIL TERM
ORDER OF COURT
AND NOW, this 30TH day of JUNE, 2006, a Rule is issued upon
Defendant/Respondent to Show Cause why she should not be removed as the beneficiary
on PlaintifflPetitioner's Naval Survivor Benefit Plan.
Rule returnable twenty (20) days after service.
Edward E. Guido, J.
Michael S. Travis, Esquire
3904 Trindle Road
Camp Hill, Pa. 170II
Sally L. Konetski
10742 Hill Point Court
Charlotte, N.C. 28262
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Michael S. Travis
Attorney at Law
ID No. 77399
3904 Trind1e Road
Camp Hill, PA 17011
717-731-9502
MARK L. KONETSKI
) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
V.
SALLY L. KONETSKI
SUGGESTION OF NO RESPONSE TO RULE
To the Prothonotary:
DefendantlRespondent Sally L. Konetski, has failed to answer or otherwise respond to the
Court's Rule of June 30, 2006.
Petitioner prays this Honorable Court to make the Rule absolute and confirm removal of
the survivor beneficiary designation offormer spouse pursuant to the s' divorce agreement.
ravis
No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Attorney for PetitionerlPlaintiff
Date: -, pi /6?
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MARK L. KONETSKI
) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
V.
SALLY L. KONETSKI
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid:
Sally L. Konetski
10742 Hill Point Court
Charlotte, NC 28262
o.re 1 )JC;
S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, P A 17011
717-731-9502
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Michael S. Travis
Attorney at Law
ID No. 77399
3904 Toodle Road
Camp Hill, P A 170 11
717-731-9502
MARK. L. KONETSKI
) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
V.
SALLY L. KONETSKI
Mark L. Konetski' s Motion to Make Rule to Show Cause Absolute
Mark L. Konetski, by his undersigned counsel, respectfully moves this Court to make
absolute the rule to show cause which was issued in the above-captioned matter on June 30,
2006, and in support states the following:
1. Mark L. Konetski filed a Petition to Remove the Survivor Benefit Designation of
Former Spouse Sally L. Konetski on June 27, 2006.
2. On June 30, 2006, this Court issued a Rule to Show Cause why she should not be
removed as the beneficiary on the Petitioner's Naval Survival Benefit Plan.
3. On June 30, 2006 this Court caused a copy of the Order to be served upon the
Respondent via regular mail. On July 31, 2006, Petitioner filed a Suggestion of No Response to
the Rule, a copy of which was also served upon the Respondent on that date.
4. Sally L. Konetski, has failed to answer Mark L. Konetski's petition to date.
WHEREFORE, Mark L. Konetski requests that this Court make the rule to show cause
absolute and grant the petition to remove the survivor benefit designation of the former spouse
and Respondent, Sally L. Konetski.
Date: P/J~t
. .
raVlS
ID No. 77399
3904 Trindle Road
Camp Hill, P A 17011
717-731-9502
Attorney for Petitioner
.
MARK. L. KONETSKI
) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
V.
SALLY L. KONETSKI
VERIFICA nON
I being more familiar with the statements in this Motion than the Plaintiff/Petitioner,
verify that the statements made in this Motion are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. elating to unsworn
falsification to authorities.
'diae1 . ravis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Date: 'if 0 t.
.
MARK L. KONETSKI
) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
V.
SALLY L. KONETSKI
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid:
Sally L. Konetski
10742 Hill Point Court
Charlotte, NC 28262
c el S. TraVIS
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Date: fj,r);v
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) IN THE COURT OF COMMON PLEAS
) CUMBERLAND COUNTY, PENNSYLVANIA
)
) NO. 2002-659 CIVIL TERM
)
v.
SALLY L. KONETSKI
ORDER GRANTING MOTION TO MAKE RULE ABSOLUTE
AND NOW, thi~4~daY of ~..j:- ,2006, upon consideration of Mark L.
Konetski's motion, it is hereby ORDERED that the rule which was issued on Sally L. Konetski,
in the above-captioned matter on June 30, 2006 to show cause why she should not be removed
from the survivor benefit designation of the Plaintiff!Petitioner's Naval Survivor Benefit Plan is
made absolute. Pursuant to agreement of the parties dated March 19,2002, which was entered as
an Order of this Court, the Court now finds that he is eligible to provide Survivor Benefit
Coverage to his new wife, Margo A. Konetski (Ferris).
The parties shall prepare the necessary paperw
effectuate this change.
Edward E. Guido, J.
.>'lichael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
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10742 Hill Point Court
Charlotte, NC 28262
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