HomeMy WebLinkAbout05-28890
Barbara L. Bielawa : IN THE COURT OF COMMON PLEAS
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO: OS"- c2Pf? (;' u? ILQ7? n
Stanley M. Bielawa : CIVIL ACTION - LAW DIVORCE
DEFENDANT
NOTICE
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, Cumberland County Courthouse, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
Barbara L. Bielawa,
PLAINTIFF
vs.
Stanley M. Bielawa,
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: OS'- aP,p`l' Gfou / -T"
CIVIL ACTION - LAW DIVORCE
AND NOW comes the Plaintiff, Barbara L. Bielawa, by and through her attorney,
David F. Tamanini, Esquire, and files this Complaint in Divorce and in support thereof
avers the following.
COUNT I - DIVORCE
1. The Plaintiff is Barbara L. Bielawa, who currently resides at 91 Foxanna Dr.,
Carlisle, PA 17013
2. The Defendant is Stanley M. Bielawa, who currently resides at 91 Foxanna
Dr., Carlisle, PA 17013.
3. Both the Plaintiff and the Defendant have been bona fide residents in the
Commonwealth for at least six (6) months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on November 2, 1985.
5. There have been no prior actions of divorce or for annulment between the
parties during the current marriage.
6. The marriage is irretrievably broken.
7. Neither Plaintiff nor Defendant is in the military service.
8. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling.
WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of
Divorce.
COUNT U-CUSTODY
9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of the
Complaint as though more fully set forth herein.
10. The Plaintiff avers that there are children of the parties residing with her.
Whitney Bielawa 5/9/86
Ryan Bielawa 12/16/86
Liz Bielawa 3/7/88
Emily Bielawa 3/7/91
Tyler Bielawa 12/3/1997
11. The Plaintiff seeks shared legal and primary physical custody of the minor
children.
12. The Plaintiff has not participated as a party or witness, or in any other capacity,
in other litigation concerning the custody of the children in this or any other court.
13. The Plaintiff has no information of a custody proceeding concerning the children
pending in a Court of this Commonwealth.
14. The Plaintiff does not know of a person not a party to the proceedings who has
physical custody of the children, or claims to have custody or visitation rights with respect
to the children.
15. Each parent whose parental rights to the children have not been terminated
and the person who has physical custody of the children have been named as parties to
this action. There are no other persons known to have or claim a right to custody or
visitation of the children and therefore, no further notice of the pendency of this action and
the right to intervene shall be given, other than to the parties named herein.
16. The best interest and permanent welfare of the children will be served by
granting shared legal and physical custody of the children to the parents.
WHEREFORE, Plaintiff requests this Honorable Court to enter an Order
granting shared legal and primary physical custody of the children with Plaintiff.
COUNT III - EQUITABLE DISTRIBUTION OF PROPERTY
17. The Plaintiff incorporates by reference Paragraphs 1 through 16 of the
Complaint as though more fully set forth herein.
18. The Plaintiff incorporates by reference Paragraphs 1 through 16 of the
Complaint as though more fully set forth herein.
19. The parties own marital property as that term is defined in Section 3501 of
the Divorce Code.
WHEREFORE, pursuant to Section 3502 of the Divorce Code, Plaintiff requests
this Honorable Court to equitably divide, distribute or assign the marital property
between the parties and, pursuant to Section 3505 of the Divorce Code, Plaintiff
requests this Honorable Court to enjoin the Defendant from conveying any asset or
assets with a fair market value of $500.00 or more during the pendency of this action.
20. The Plaintiff incorporates by reference Paragraphs 1 through 19 of the
Complaint as though more fully set forth herein.
21. Plaintiff has retained the services of David F. Tamanini, Esquire, and the
counsel fees, costs and expenses for representation in this action will be substantial
and continuing.
22. The Plaintiff is without such sufficient funds, income or assets to pay such
counsel fees, costs and expenses.
23. Defendant has sufficient assets and income to provide continuing support for
Plaintiff.
24. The Plaintiff is without such sufficient funds to provide for her reasonable
needs and is unable to support herself fully through employment.
25. The Plaintiff may need to retain the services of a certified public accountant,
appraiser and other experts with regards to this action.
WHEREFORE, Plaintiff prays that this Honorable Court enter an award for
alimony pendent elite preliminary and interim counsel fees, costs and expenses, and to
enter a final award for counsel fees, costs and expenses.
COUNT I - ALIMONY
26. Plaintiff incorporates by reference Paragraphs 1 through 25 of the Complaint
as though more fully set forth herein.
27. Plaintiff lacks sufficient assets to provide for her reasonable needs and is
unable to support herself fully through employment.
28. Defendant has sufficient assets and income to provide continuing support for
Plaintiff.
WHEREFORE, Plaintiff requests that this Honorable Court enter an Order
granting alimony.
29. The Plaintiff incorporates by reference Paragraphs 1 through 28 of the
Complaint as though more fully set forth herein.
30. The marital residence of the parties is located at 91 Foxanna Dr., Carlisle,
PA 17013.
31. It is appropriate that the Plaintiff be permitted to have exclusive possession
of the marital residence.
WHEREFORE, the Plaintiff requests that this Honorable Court award to the
Plaintiff the use and exclusive possession of the marital residence for such period of
time as the Court deems reasonable.
Respectfully Submitted,
David Z F. Tamanini, Esquire
4800 Linglestown Road, Suite 309
Harrisburg, PA 17112
Attorney ID No. 27775
(717) 541-1805
VERIFICATION
I verify that the statements made in this Complaint are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Date: _ Qs/7? /CIAAAL^^ µ?
Barbara L. Bielawa
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BARBARA L. BIELAWA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 05-2889 CIVIL TERM
STANLEY M. BIELAWA, : CIVIL ACTION - LAW DIVORCE
Defendant
COMPLAINT FOR CUSTODY
1. The Plaintiff is Barbara L. Bielawa, residing at 91 Foxanna Drive, Carlisle,
Pennsylvania 17013. She is married to the Defendant.
2. The Defendant is Stanley M. Bielawa, residing at 91 Foxanna Drive,
Carlisle, Pennsylvania 17013.
3. Plaintiff seeks primary physical custody and legal custody of the following
children:
Name Present Address Acme
Liz Bielawa same as above 17
Emily Bielawa same as above 14
Tyler Bielawa same as above 7
The children were born during the marriage.
The children are presently in the custody of Barbara L. Bielawa who resides at 91
Foxanna Drive., Carlisle, Pennsylvania 17013.
During the past five years, the children have resided with the following persons
and at the following addresses:
List All Persons Addresses Date
Barbara L. & Stanley Bielawa 91 Foxanna Drive until 6/18/05
Carlisle. PA 17013
The mother of the children is Barbara L. Bielawa, currently residing at 91
Foxanna Drive, Carlisle, Pennsylvania 17013.
The father of the children is Stanley M. Bielawa, currently residing at 111 Coover
Street, Mechanicsburg, Pennsylvania 17055.
He is married.
4. Plaintiff has not participated as a party or witness, or in another capacity,
in other litigation concerning the custody of these minor children in this or another court.
Plaintiff has no information of a custody proceeding concerning the
children pending in a court of this Commonwealth. Plaintiff does not know of a person
not a party to the proceedings who has physical custody of the children or claims to
have custody or visitation rights with respect to the children.
5. The best interest and permanent welfare of the children will be served by
granting the relief requested because she is now and has always been the primary
caregiver to the children. Defendant has difficulty in his relationships with the children.
There is inconsistency in each parent's approach to parenting and disagreements in the
children's lives.
6. Each parent whose parental rights to the children have not been
terminated and the person who has physical custody of the children have been named
as parties to this action. All other persons, named below, who are known to have or
2
claim a right to custody or visitation of the children will be given notice of the pendency
of this action and the right to intervene: None.
WHEREFORE, Plaintiff requests this court to grant primary custody and legal
custody of the children to the Plaintiff.
Dated: (o" a 7- 0s
Respectfully Submitted,
David F. Tamarnni, Esquire
Attorney ID No. 27775
4800 Linglestown Road, Suite 309
Harrisburg, PA 17112
(717) 541-1805
Attorney for Barbara L. Bielawa
3
VERIFICATION
I verify that the statements made in the foregoing document are true and correct
to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: 6 t.2 7 - 0 J
-17 4- "t
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BARBARA L. BIE.L.AWA
BARBARA L. BIELAWA, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 05-2889, CIVIL TERM
STANLEY M. BIELAWA, CIVIL ACTION - LAW DIVORCE
Defendant
PROOF OF SERVICE
I, David F. Tamanini, attorney for the Plaintiff, hereby certify that I am this day
serving the Complaint in Divorce and Complaint for Custody upon the person and in the
manner indicated below which service satisfies the requirements of Pa. R.C.P. 1930.4:
Service by first-class mail addressed as follows:
Kara W. Haggerty, Esquire
ABOM, KUTULAKIS LLP
36 South Hanover Street
Carlisle, PA 17013
Attorney for Stanley M. Bielawa
Respectfully,
Dated: PIa,,d Taman' i, squire
Attorney ID No. 27775
4800 Lingllestown Road
Suite 309
Harrisburg, PA 17112
(717) 541-1805
Attorney for Barbara Bielawa
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BARBARA L. BIELAWA IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V. 05-2889 CIVIL ACTION LAW
STANLEY M. BIELAWA
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NO W, Thursday, July 07, 2005 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Brawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, August 03, 2005 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Dawn S. Sunday, Esq. y?
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled
conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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BARBARA L. BIELAWA, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 05-2889 CIVIL TERM
STANLEY M. BIELAWA, : CIVIL ACTION - LAW DIVORCE
Defendant
ACCEPTANCE OF SERVICE
I accept service of the Notice To Defend And Claim Rights, and Complaint in
Divorce and the Custody Complaint under Section 3301 (C) or 3301 (D) of the Divorce
Code. I am authorized to accept service on behalf of Defendant, Stanley M. Bielawa.
Dated: c) t7 r?l L (r C. f E^
Kara W. Haggerty, re
ire
ABOM, KUTULAKI
36 South Hanover Street
Carlisle, PA 17013
Attorney for Stanley M. Bielawa
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RECEIVED AUG 17 2005
BARBARA L. BIELAWA IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. 05-2889 CIVIL ACTION LAW
STANLEY M. BIELAWA
Defendant IN CUSTODY
ORDER OF COURT
AND NOW, this 4???J day of? , 2005, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The parties shall have shared legal custody of Tyler Bielawa, born December 3, 1997, Emily
Bielawa, born March 7, 1991, and Elizabeth Bielawa, born March 7, 1988. The parties agree that
major decisions concerning their Children, including, but not necessarily limited to, the Children's
health, welfare, education, religious training and upbringing shall be made by them jointly, after
discussion and consultation with each other, with a view toward obtaining and following a harmonious
policy in the Children's best interest. Each party agrees not to impair the other party's rights to shared
legal custody of the Children. Each party agrees not to attempt to alienate the affections of the
Children from the other party. Each party shall notify the other of any activity or circumstance
concerning their Children that could reasonably be expected to be of concern to the other. Day to day
decisions shall be the responsibility of the parent then having physical custody. With regard to any
emergency decisions which must be made, the parent having physical custody of the Children at the
time of the emergency shall be permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other of the emergency and consult with him or her as soon as
possible. Each party shall be entitled to complete and full information from any doctor, dentist,
teacher, professional or authority and to have copies of any reports or information given to either party
as a parent. Mutual agreement should be made, in advance, regarding the following matters:
enrollment or termination in a particular school or school program, advancing or holding the Children
back in school, authorizing enrollment in college, authorizing their Children's driver's license or
purchase of an automobile, authorizing employment, authorizing any Child's marriage or enlistment in
the armed forces, approving a petition for emancipation, authorizing foreign travel, passport
application or exchange student status.
2. The Mother shall have primary physical custody of the Children.
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3. The Father shall have partial physical custody of the Children as follows:
A. The Father shall have partial physical custody of Emily on alternating weekends,
beginning August 6, 2005, from Saturday at 10:00 a.m. through Sunday at 7:00 p.m.
During weeks following the Mother's weekend periods of custody, the Father shall
have custody of Emily on Monday from 4:15 p.m. through 8:00 p.m. and from
Tuesday at 4:15 p.m. through Wednesday before school. During weeks following
the Father's weekend periods of custody, the Father shall have custody of Emily on
Wednesday from 4:15 p.m. until 8:00 p.m. and from Thursday at 4:15 p.m. through
Friday before school.
B. The Father shall have partial physical custody of Tyler on alternating weekends,
beginning August 5, 2005 from Friday at 4:30 p.m. through Sunday at 7:00 p.m. In
addition, during weeks following the Mother's weekend periods of custody, the
Father shall have custody of Tyler from Monday at 4:15 p.m. through Wednesday
before school. During weeks following the Father's weekend periods of custody,
the Father shall have custody of Tyler from Wednesday at 4:15 p.m. through Friday
before school. During the summer school break, the Father shall have custody of
Tyler while the Mother is working and shall pick up the Child at the Mother's
residence at 7:30 a.m. and return him to the Mother's residence at 5:00 p.m. Unless
otherwise agreed between the parties or ordered by the Court, the Father's periods
of partial custody shall not take place at the marital residence.
C. The Father shall have periods of partial custody with Elizabeth (Liz) as arranged by
agreement between the parties.
D. In the event there is no school on a day on which the Father's period of custody
ends under this provision, custodial arrangements for the exchange of custody shall
be arranged by agreement between the parties.
4. The parties shall share or alternate having custody of Emily and Tyler on holidays as
follows:
A. Christmas: The Christmas holiday shall be divided into Segment A, which shall run
from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon, and
Segment B, which shall run from Christmas Day at 12:00 noon through
December 26 at 12:00 noon. In odd numbered years, the Mother shall have custody
of the Children during Segment A and the Father shall have custody during
Segment B. In even numbered years, the Father shall have custody of the Children
during Segment A and the Mother shall have custody during Segment B.
B. Thanksgiving, New Year's Day Easter Memorial Day July 4`h and Labor Day: The
parties shall share having custody of the Children on Thanksgiving, New Year's
Day, Easter, Memorial Day, July 4ch and Labor Day every year, with one party
having custody from 9:00 a.m. until 3:00 p.m. and the other party having custody
from 3:00 p.m. until 9:00 p.m. The parties shall determine which period of custody
each will have by agreement.
C. Mother's Day/Father's Day: In every year, the Mother shall have custody of the
Children on Mother's Day and the Father shall have custody on Father's Day from
9:00 a.m. until 8:00 p.m.
D. The holiday custody schedule shall supercede and take precedence over the regular
custody schedule.
5. Each parent shall be entitled to have an uninterrupted one-week period of custody with
Emily and Tyler for summer vacation each year. The Mother shall have first choice in even numbered
years and the Father shall have first choice in odd numbered years. The parent with first choice shall
notify the other of the selected vacation dates at least eight weeks in advance.
6. The custodial parent shall communicate in a prompt fashion with the other parent concerning
the well being of the Children, and shall notify the other parent of any changes in health or educational
progress. Each parent shall execute any and all legal authorizations so that the other parent may obtain
information from the Children's schools, physicians, psychologists, or other individuals concerning
their progress and welfare. The parties agree to organize ways for their Children to maintain their
friendships, extracurricular activities, and other special interests, regardless of which household they
may be in. The parties agree that toys, clothes, etc. shall not become matters of contention and that
major gifts shall be coordinated between the parents. Each parent shall exercise care in screening
babysitting/childcare providers and selection of childcare providersfbabysitters shall be made by
agreement. The telephone numbers of these providers will be provided to both parents. Each parent
should be promptly and politely responsive to the other parent's telephone calls.
7. The parties shall permit and support the Children's access to all family relationships. Special
family events such as weddings, family reunions, family gatherings, funerals, graduations, etc. shall be
accommodated by both parties with routine periods of custody resuming immediately thereafter. Each
parent shall confer with the other parent before arranging regularly occurring extracurricular activities
for the Children which might interfere with regular periods of custody.
8. In the event either party intends to remove the Children from his or her residence for an
overnight period or longer, including, but not limited to, vacations and overnights with friends, that
party shall provide advance notice to the other party of the address and telephone number where the
Child or Children can be contacted.
9. The non-custodial parent shall be entitled to reasonable telephone contact with the Children
as well as daily contact via e-mail.
10. Neither party shall consume alcoholic beverages to the point of intoxication or use any
controlled substance during periods of custody with the Children. Neither party shall smoke cigarettes
inside the residence or vehicle during periods of custody. The parties shall ensure, to the extent
possible, that other household members or houseguests comply with this provision.
11. Neither parent shall permanently relocate if the relocation would necessitate a change in the
custody schedule, result in a change of school for the Children, or exceed a twenty-five (25) mile
radius without a minimum notice of ninety (90) days to the other parent. The ninety (90) day notice is
designed to afford the parents an opportunity to renegotiate the custodial arrangements or to have the
matter resolved through the legal process. For the Children's welfare, neither parent should consider
moving very far from the other until the Children have reached adulthood.
12. Neither party shall do or say anything which may estrange the Children from the other
parent, injure the opinion of the Children as to the other parent, or hamper the free and natural
development of the Children's love and respect for the other parent. Both parties shall ensure that third
parties having contact with the Children comply with this provision. The parties agree to speak
respectfully of each other whether it is believed the other reciprocates or not. Each party agrees to
refer to the other by the appropriate role name (i.e. mother/father, mom/dad). The parties agree to
refrain from encouraging the Children to provide reports about the other parent. The parties agree to
communicate directly with each other and without using the Children as intermediaries. The parties
agree to encourage the Children to send the appropriate holiday cards to the other parent.
13. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: David F. Tamanini, Esquire - Counsel for Mother
Xara W. Haggerty, Esquire - Counsel for Father
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Edward E. Guido J.
BARBARA L. BIELAWA
Plaintiff
VS.
STANLEY M. BIELAWA
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-2889 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the subjects of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Elizabeth Bielawa March 7, 1988 Mother
Emily Bielawa March 7, 1991 Mother
Tyler Bielawa December 3, 1997 Mother
2. A custody conciliation conference was held on August 3, 2005, with the following
individuals in attendance: The Mother, Barbara L. Bielawa, with her counsel, David F. Tamanini,
Esquire, and the Father, Stanley M. Bielawa, with his counsel, Kara W. Haggerty, Esquire.
3. The parties agreed to entry of an Order in the form as attached which reflects the parties'
agreement at the conciliation conference and also incorporates agreed upon provisions of a Stipulation
prepared by counsel.
Date Dawn S. Sunday, Esquire
Custody Conciliator
OM &
U ULAKIS
Kara W. Haggerty, Esquire
Attorney I.D. #: 86914
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
BARBARA L. BIELAWA,
Plaintiff
V.
STANLEY M. BIELAWA,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2889
IN DIVORCE AND CUSTODY
TO THE HONORABLE EDWARD E. GUIDO, JUDGE OF SAID COURT:
AND NOW, this 19th day of June, 2007, comes undersigned counsel, Kara W.
Haggerty, Esquire, who respectfully requests This Honorable Court grant this Motion
to Withdraw as Counsel for the above-named Defendant and, in support thereof,
respectfully avers the following
1. On June 21, 2005, undersigned counsel was retained by the Defendant, Stanley
Bielawa, to represent him in the above-captioned custody and divorce matter.
2. Plaintiff was represented throughout these proceedings by David Tamanini,
Esquire.
3. There is no pending litigation in this matter at the present time.
4. Defendant no longer desires representation by undersigned counsel in this
matter.
5. Counsel for the Plaintiff, David Tamanini, Esquire, was contacted regarding
the within request to withdraw, and he concurs with counsel's request.
WHERERFORE, undersigned counsel respectfully requests This Honorable
Court grant her request to withdraw as counsel in this matter.
Respectfully submitted,
Date- OLP 19 ID)
ABOM & KUTULAKIS, LLP
Kara W. Haggerty, ui
Attorney ID No( -8&J4
36 South Hanover Street
Carlisle, PA 17013
(717) 249-0900
C RTIFICATE OF SERVICE
AND NOW5 this 19t' day of June, 2007, I, Kara W. Haggerty, Esquire of
ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve or cause to be served
a true and correct copy of the foregoing Motion to Withdraw as Counsel by First
Class U.S. Mail to the following:
David Tamanini, Esquire
4800 Linglestown Road, Suite 309
Harrisburg, PA 17112
Stanley Bielawa
111 Coover Street
Mechanicsburg, PA 17055
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BARBARA L. BIELAWA,
STANLEY . BIELAWA,
Defendant
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JUN 2 2 20p7yy'-7
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2889
IN DIVORCE AND CUSTODY
AND NOW, this
?s day of June, 2007, after due consideration
Motion, IT IS HEREBY ORDERED AND DECREED THAT the
to Withdraw as Counsel is hereby granted.
BY THE COURT:
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BARBARA L. BIELAWA IN THE COURT OF COMMON PLEAS
Plaintiff 2 Q ,', 2 ii qU- 5TERLAND COUNTY, PENNSYLVANIA
V. 'NO-,* 05-2889 CIVIL TERM
STANLEY M. BIELAWA
Defendant CIVIL ACTION - LAW DIVORCE
PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES
AND NOW, comes the Plaintiff, Barbara Bielawa, by and through her attorneys,
Foreman & Caraciolo, P.C. and files the instant Motion to Compel, and in support thereof, avers
as follows:
1. Plaintiff is Barbara Bielawa, wife in the underlying divorce action, an adult
individual who presently resides at 91 Foxanna Drive, Carlisle, PA 17015.
2. Defendant is Stanley Bielawa, husband in the underlying divorce action, an adult
individual who presently resides at 111 West Coover Street, Mechanicsburg, PA 17055.
3. The parties hereto are spouses having been married on November 2, 1985, in
Dauphin County, Pennsylvania.
20054. Plaintiff filed a Complaint in Divorce under Section 3301(c) or 3301(d) on June 3,
.
5. On July 22, 2009, Plaintiff served the Plaintiff's First Set of Interrogatories to
Defendant. A true and correct copy of said First Set of Interrogatories to Defendant is labeled
Exhibit "A", attached hereto and made a part hereof.
6. Plaintiff's First Set of Interrogatories was served to Defendant in accordance with
Pennsylvania Rule of Civil Procedure 4004 and 4005 and was to be answered with thirty (30)
days.
7. Defendant filed no objections to Plaintiff's First Set of Interrogatories to
Defendant.
8. Despite repeated request from counsel for Plaintiff, Answers to Interrogatories
have not been received and it is now more than thirty (30) days since the Interrogatories were
served.
9. Defendant's answers to Interrogatories are essential to the proper development
and presentation of Plaintiff's base. Without said answers to Interrogatories, his case is unduly
prejudiced.
WHEREFORE, Plaintiff respectfully requests that Defendant be ordered to compel with
Plaintiffs First Set of Interrogatories to Defendant and to answer the same within fifteen (15)
days.
0 3 1 ??v
Date
Respectfully Submitted,
FOREMAN & CARAC'
D. Carol/ Xsquire
;y for Plain f
;v ID No. 90919
112 Market Street, Sixth Floor
Harrisburg, PA 17101
Telephone (717) 236-9391
Facsimile (717) 236-6602
P.C.
BARBARA L. BIELAWA
Plaintiff
V.
STANLEY M. BIELAWA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2889 CIVIL TERM
CIVIL ACTION - LAW DIVORCE
ATTORNEY VERIFICATION
The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that:
1. He is the attorney for the Plaintiff, Barbara Bielawa;
2. He is authorized to make this verification on his behalf,
3. The facts set forth in the foregoing Motion are known to him and not necessarily to
his client;
4. The facts set forth in the foregoing Motion are true and correct to the best of his
knowledge, information and belief, and
5. He is aware that false statements herein are made subject to the penalties of 18 Pa.
C.S. 4904, relating to unsworn falsification to authorities.
Respectfully Submitted,
FOREMAN & CARACIOLQ, P.C.
Dat
J eph D. Caracio squire
orney for Plai ff
Ctorney ID No. 90919
112 Market Street, Sixth Floor
Harrisburg, PA 17101
Telephone (717) 236-9391
Facsimile (717) 236-6602
BARBARA L. BIELAWA
Plaintiff
V.
STANLEY M. BIELAWA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2889 CIVIL TERM
CIVIL ACTION - LAW DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I am this day serving a copy of the foregoing Motion upon the person
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, by depositing a copy in the United States first class mail, addressed as
follows:
3 1,./ /a
Date
Stanley M. Bielawa (Pro Se)
111 West Coover Street
Mechanicsburg, PA 17055
Respectfully Submitted,
FOREMAN & CARACIOLO, P /.C.
J
Attorney ID No. 90919
112 Market Street, Sixth Floor
Harrisburg, PA 17101
Telephone (717) 236-9391
Facsimile (717) 236-6602
EXHIBIT "A"
DEFINITIONS AND INSTRUCTIONS
Answer every Interrogatory. No question is to be left blank. If the answer to an
Interrogatory is "none" or "unknown", that must be written in the answer.
Whenever a date, amount or other computation or figure is requested, the exact date,
amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or
approximation thereof and note that such answer is an estimate or approximation.
A. Whenever the term "document" is used herein, it includes (whether or not specifically
called for) all printed, typewritten, handwritten, graphic or recorded matter, however
produced or reproduced and however formal or informal. In lieu of identifying
documents, you may supply the documents or true and correct copies thereof.
B. "Identify," when used in reference to a person, means to state in the answer in each
instance her/his full name, present or last known residence address and telephone number
of his/her present employer and position, if known.
C. "Identify" when used in reference to a writing or document, means to state in the answer in
each instance whether or not such document is known to be in existence at the time of
making the answer, and (i) the date of the document; (ii) the type of document, e.g., letter,
memorandum; (iii) the present or last known location (s) and custodian(s) of the document
and all of its copies; (vi) the name, address, employer and position of each person who
signed and/or prepared the document, (v) the document was sent; and (vi) a brief
statement of the subject matter of each document. If any such document is no longer in
disposition was made of it, the date, and the identity of the person or persons responsible
for such disposition and policy, rule, order or other authority by which such disposition
was made.
D. Whenever you are asked to "identify" an oral communication, the following information
should be given as to each oral communication of which you are aware, whether or not you
or others were present or participated therein:
i. The means of communication (e.g., telephone, personal conversation, etc.);
ii. Where it took place;
iii. Its date;
iv. The names, addresses, employers and positions (a) of all persons who participated in the
communication; and (b) of all other persons who were present during or who overheard
that communication;
V. The substance of who said what and to whom and the order in which it was said; and;
vi. Whether that communisation or any part thereof is recorded, described or referred to in
any document (however informal) and, if so, an identification of such document in the
manner indicated abovei
vii. If you contend that you Ore not yet separated from your spouse, then answer any questions
asking for information 4 of the date of separation as if the question asks for information as
of the date of response t6 the Interrogatories.
S
E. The term "you" shall be deemed to mean and refer to the party whom these Interrogatories
have been propounded for answer and shall also be deemed to refer to anyone acting on
your behalf.
F. These Interrogatories are deemed continuing and whenever additional information
responsive to them is obtained by you, it shall be supplied to the Plaintiffs as though
expressly requested by separate Interrogatories, as required by Rule 4007.4 of the
Pennsylvania Rules of Civil Procedure.
1. State your name, age, date of birth, residence address, telephone number, social
security number, and any other names by which you have been known, identifying
the times and palaces during which you were known by other names.
ANSWER:
2. Are you employed? If so, for each employment that you hold, state:
a. Name and address of employer
b. Date of Commencement of employment;
C. Name, title and address of your immediate supervisor;
d. Your job title and description of duties;
e. Your hours and rate of pay on earnings, specifying gross average
weekly salary, wages, commissions, overtime pay and bonuses, etc.;
f. Expense and drawing accounts and allowances for transportation
and other accommodations and expenses;
ANSWER:
3. For each employment that you hold or held, state whether you participate, or have
a right to participate, or have in the past participated in any the following
employment related benefits:
a. Defined Benefit retirement plan;
b. Defined contribution plan;
c. Money purchase pension plan;
d. Any other type of employee pension plan;
e. Savings or thrift plan;
f. Cash or deferred plan (401) (k);
g. Profit sharing plan:
h. Employee stock ownership (including tax credit or payroll tax
credit);
L Stock bonus plan:
j. Tax deferred, 403 (b) annuities;
k. Non-qualified, deferred compensation plans, including excess
benefit plans, whether or not refunded;
1. Executive stock option plans, including incentive stock option plans;
m. Welfare or insurance plans including group term life insurance and
medical insurance;
n. Voluntary employees beneficiary association (VEBA);
o. Any other employment related benefit not disclosed in your
Answers to these Interrogatories;
And for each benefit identified above in which you participate, state the benefit or amount
you receive; identify the administrator of such benefit by name, address, title; and the current
value of the benefit.
ANSWER:
4. List and identify all sources of income you have, including employment, rents,
dividends, interest, annuities, trusts, insurance settlements and/or payouts, etc.,
stating the amount received from each by you for the last three years, along with
the anticipated' monthly income.
ANSWER:
5. As of the date of your marriage with the Plaintiff, please provide a complete listing
of all property under your control, have in your possession or have taken as
separate property, a monetary value for the property, and the manner in which you
calculated the value and its current location and custodian.
ANSWER:
6. As of the present date, please provide a complete listing of all property under your
control, have in your possession or have taken as separate property, a monetary
value for the property, and the manner in which you calculated the value and its
current location and custodian.
ANSWER:
7. As to the items identified in answer to the preceding interrogatory, indicate
whether those items are, in your opinion, marital or non-marital assets and the
basis of which you have made such determination.
ANSWER:
8. Have any of the items identified in answer to the four preceding interrogatories
been sold? If so, please identify:
a. Each and every item that has been sold;
b. The date each item was sold;
c. The person each item was sold to;
d. The amount each item was sold for;
e. The receipt for the sale of each item;
f. The disposition of any funds received for the sale of such items;
ANSWER:
9. As of the date of your marriage to the Plaintiff, please identify by account number
and bank name or financial institution, each and every bank account, in which you
had an interest, including the names of the institution and office, the account
number, the balance of the account, and the names, addressed and relationship of
all owners or authorized users of the account.
ANSWER:
1 ,
10. As of the present date, please identify by account number and bank name or
financial institution, each and every bank account, in which you have an interest,
including the names of the institution and office, the account number, the balance
of the account on the date of separation, and the names, addressed and relationship
of all owners or authorized users of the account.
ANSWER:
11. On the date of your marriage to the Plaintiff, identify all assets owned by you or
titled in your name, including, but not limited to, real estate, stocks, bonds, CD's,
securities, mutual funds, automobiles, trucks, intangibles, trailers, boats, airplanes,
mobile homes or other vehicles, identifying the same by name, model, serial
number, purchase price and date, current, value, location and custodian.
ANSWER:
12. As of the present date, identify all assets owned by you or titled in your name,
including, but not limited to, real estate, stocks, bonds, CD's, securities, mutual
funds, automobiles, trucks, intangibles, trailers, boats, airplanes, mobile homes, or
other vehicles, identifying the same by name, model, serial number, purchase price
and date, current, value, location and custodian.
ANSWER:
13. Identify all debts, liabilities, charges, bills or claims, contingent or liquidated,
secured or unsOcured, against you, identify the same, including account, the course
of the same, the date the same was accrued, security, is any, the name address and
relationship of the creditor, the amount, payment schedule and history of payment,
if any, for each.
ANSWER:
1 %
14. Identify any safe deposit box or similar depository that you have or are utilizing
including the location of the same, the owners or custodians of the same, the
registered owners and renters of the same, the number or acquisition and value and
the identity of persons with access thereto.
ANSWER:
1
15. List all insurance policies that you own, that insure you or your property or in
which you are beneficiary, identifying the same by type of insurance, company
policy number., coverage or amount; identify including name, address and
relationship of custodian insured and beneficiary, premium paid and cash value.
ANSWER:
. . 7
16. List any and all institutions holding an Individual Retirement Account (IRA), SEP,
or other similar non-pension retirement, in which you have an ownership interest,
any and all account numbers, the current amount in each account, and the amount
in each account as of the present date.
ANSWER:
4 i 1
17. As of the date of marriage to the Plaintiff, please provide a listing of all real estate
in which you have any ownership interest, along with its location and value.
ANSWER:
f No 7
18. As of the present date, please provide a listing of all real estate in which you have
any ownership interest, along with its location and its value.
ANSWER:
3( ,
19. State the mal je, model and year, and approximate value of the car(s) you drove or
owned on the date of your marriage to the Plaintiff. State the name and address
of the person or entity in whose name this car(s) is titled. State the amount of
monthly payments, if any, which are made on this car, specifying whether such
payments are lease payments or lean payments, and state the name and address
of the person br entity that makes such payments.
ANSWER:
44 ,
20. State the ake, model and year, and approximate value of the car(s) you
currently rive or own. State the name and address of the person or entity in
whose n e this car(s) is titled. State the amount of monthly payments, if any,
which ar rnade on this car, specifying whether such payments are lease
paymen or lean payments, and state the name and address of the person or
entity th makes such payments.
ANSWER:
As 4 %
21. Identify e ch person you intend to call as a non-expert witness at the trial of this
case, and for each person identified, state your relationship with the witness
and the s bstance of the facts to which the witness is expected to testify.
ANSWER:
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22. Identify each expert you intend to call as a witness at the trial of this matter, and
for each expert, state the subject matter about which the expert is expected to
testify; and the substance of the facts and opinions to which the expert is
expected to testify and a summary of the grounds for each opinion.
ANSWER:
W-
23. State the qualifications of each expert listed herein, including schools attended,
past and present professional employment, experience within his or her field of
expertise, list of publications, etc., and list each such expert's professional
licenses and registrations, including the issuing jurisdiction and the dates
thereof, state whether any such licenses or registrations were ever suspended,
revoked, teiminated or restricted in any way and the basis therefore and
relevant dates thereof, and identify all legal proceedings in which such expert
testified within the past five years and the amount of fees generated therefrom.
ANSWER:
BARBARA L. BIELAWA IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STANLEY M. BIELAWA : 2005 - 2889 CIVIL TERM
ORDER OF COURT
AND NOW, this 23RD day of MARCH, 2010, a Rule is issued upon the
Defendant to Show Cause why the Motion to Compel Answers to Interrogatories should
not be granted.
Rule returnable fifteen (15) days after service.
By the Court,
/ Edward E. Guido, J.
??Joseph D. Caraciolo, Esquire
XStanley M. Bielawa
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IJ ?
BARBARA L. BIELAWA
Plaintiff
V.
STANLEY M. BIELAWA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSY VANIA?;,
No. 05-2889 CIVIL TERM rn CO
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CIVIL ACTION - LAW DIVORC c d ?,
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PLAINTIFF'S WAIVER OF NOTICE OF INTENTION C - o 3
TO REQUEST ENTRY OF A DIVORCE DECREE N D'
UNDER SECTION 3301(c) OF THE DIVORCE CODE -r .'
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.
4. 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.
r
Date a
BARBARA L. BIELAWA
Plaintiff'
V.
STANLEY M. BIELAWA
Defendant
IN THE COURT OF COMMON PLFAS
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CUMBERLAND COUNTY, PENNS ,V?l
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No. 05-2889 CIVIL TERM X=
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LAW DIVOR4=
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CIVIL ACTIO
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PLAINTIFF'S AFFIDAVIT OF CONSENT ? A
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2005.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
4. 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 arbara Bielawa
BARBARA L. BIELAWA
Plaintiff
V.
STANLEY M. BIELAWA
. Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-2889 CIVIL TERM
CIVIL, ACTION - LAW DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 3, 2005.
2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have
elapsed from the date of the filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to request
entry of the decree.
4. 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.
saw
Date Stanley Bielawa
M
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C:>
BARBARA. L. BIELAWA IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA.
V. No. 05-2889 CIVIL TERM
STANLEY M. BIELAWA
Defendant CIVIL ACTION - LAW DIVORCE
DEFENDANT'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 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.
4. 1 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.
Da a Stanley Bielaw
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MARRIAGE SETTLEMENT AGREEMENT
?s
THIS AGREEMENT is made this day of ?tlc- , 201 aV
_.:
between STANLEY M. BIELAWA, (hereinafter referred to as "Husbandand BAR A r
BIELAWA, (hereinafter referred to as "Wife") cz
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WITNESSETH: C :..,,
CO
WHEREAS, Husband and Wife were lawfully married on November 2, 1985 in Dauphin
County, Pennsylvania; and
WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing
them to believe that their marriage is irretrievably broken, as a result of which they now live
separate and apart from one another, the parties being estranged due to such marital difficulties;
and
WHEREAS, the parties hereto are desirous of compromising and settling fully and
finally their respective financial and property rights and obligations as between each other,
including, without limitation by specification: the settling of all matters between them relating to
the ownership of real and personal property; and in general, the settling of any and all claims and
possible claims by one against the other or against their respective estate, particularly those
responsibilities and rights growing out of the marriage relationship, inter alia past, present or
future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and
expenses, and equitable distribution, whether or not the parties reside together; and
WHEREAS, the parties have made full disclosure to each other of their assets and
liabilities and have agreed on a settlement of all property rights and differences existing between
them; and
WHEREAS, the parties intend this Agreement to be a full and complete Marriage
Settlement Agreement, providing for the absolute and final settlement of all their respective
marital and property and all other claims.
NOW, THEREFORE, in consideration of the premises and of the promises, covenants
and undertakings hereinafter set forth and for other good and valuable consideration, the receipt
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. SEPARATION. It shall be lawful for each party, at all times hereafter, to live
separate and apart from the other, at such place or places as he or she may, from time to time,
choose or deem fit. Each party shall be free from interference, authority or control 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 this 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.
The foregoing provision shall not be an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their separation. A reconciliation will not void the
provisions of this agreement.
Should a decree, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents
and agrees that this Agreement and all of its covenants shall not be affected in any way by any
such separation or divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend or vary any term of this Agreement, whether
or not either or both of the parties shall remarry, it being understood by and between the parties
hereto that this Agreement shall be incorporated in but shall not be merged into any decree,
judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this
Agreement or the substance of the provisions thereof, may be incorporated by reference into any
divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment and to
be forever binding and conclusive upon the parties.
2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of
execution" or "execution date", defined as the date upon which it is executed by the parties if
they have each executed the Agreement on the same date. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of execution by the party last
executing this Agreement. Transfer of property, funds and/or documents shall occur on the
effective date unless otherwise specified herein.
3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be
considered to affect or bar the right of either party to a divorce on lawful grounds as may be now
or hereafter available to either party. This Agreement is not intended to be and shall not be a
condonation on the part of either party of any act or acts of either party hereto. Both parties
hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to
execute any and all affidavits or other documents necessary for the parties to obtain an absolute
divorce pursuant to Section 3301(c) of the Divorce Code. Each party waives the right to request
Court ordered counseling.
4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that
he or she has not, and in the future will not, contract or incur any debt, obligation or liability for
which the other party or his or her estate may be responsible or liable, except as provided for in
this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely
payment of the debts identified to be paid by him or her. Each party hereto agrees to indemnify
and hold harmless the other from any and all claims, debts, obligations or demands made against
him or her by reason of debts or obligations incurred by him or her or identified to be paid by
him or her. With the exception of items specifically described herein, wife shall be responsible
for any credit card, including the balance of the same, which is titled in her name individually;
2
Husband shall be responsible for any credit card, including the balance of the same, which is
titled in his name individually.
5. EQUITABLE DISTRIBUTION. It is specifically understood and agreed that
this Agreement constitutes an Equitable Distribution of property that was legally or beneficially
acquired by Husband and Wife or either of them, during the marriage, as contemplated by the
Act of April 2, 1980 known as the Divorce Code, 23 Pa.C.S. § 3101 et. seq., as amended, of the
Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property
provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions of
this Agreement in lieu of and in full and final settlement in satisfaction of all claims and demands
that either may now or herein after have against the other for equitable distribution of martial
property.
6. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release,
quit-claim and forever discharge the other and the estate of such other, for all time to come, and
for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the
estate of such other, of whatever nature and wherever situate, which he or she now has or at any
time hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or courtesy, of claims in the nature of dower or courtesy, or 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 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; or any rights which either party may now have or at any time hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and
Wife to give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal or mixed, which
the other now owns or may hereafter acquire, except, and only except, all rights and agreements
and obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof. It is further agreed by each party that this Agreement constitutes
a full and final resolution and settlement of all claims of any kind, and especially and claims
arising under the Pennsylvania Divorce Code, which either party may have against the other.
7. DIVISION OF REAL ESTATE, HOUSEHOLD AND PERSONAL
PROPERTY. Husband and Wife acknowledge that, except as herein provided, their intention is
to equally divide all marital property. Husband agrees that all the property in the possession of
Wife shall be the sole and separate property of Wife and hereafter Wife agrees that all the
property in the possession of Husband shall be the sole and separate property of Husband. Each
of the parties hereto does hereby specifically waive, release, renounce, and forever abandon
whatever claims, if any, she or he may have with respect to any of the above items that are the
3
sole and exclusive property of the other. Wife is not waiving her right to personal property that
the parties intend to exchange at a future date.
Marital Residence The parties acknowledge that they own a home and property located
at 91 Foxanna Drive, Cumberland County, Pennsylvania (hereinafter referred to as "Marital
Residence".) The parties hereby agree to the following with respect to the Marital Residence:
(1) Commencing on the date of execution of this Agreement, Wife shall be
responsible for all costs, expenses and liabilities associated with or attributable to the Marital
Property, including, but not limited to, any mortgage currently encumbering the property, any and
all taxes, insurance premiums, utilities, maintenance and repairs, for a period of one year, 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 attorney's
fees, which may be incurred in connection with such liabilities and expenses or resulting from
Husband's payments for the property. It is expressly agreed that Wife will deduct the interest
from the Mortgage when filing her federal, state, and local income tax returns.
(2) It is the intention of the parties to immediately sell the Marital Residence and
anticipated that closing on the property shall occur in the month of April of 2011.
(3) Upon the sale of the Marital Residence, the proceeds from the sale will be
distributed as follows in the following order:
A. The costs of the sale including all applicable taxes and commissions;
B. To fully repay the mortgage encumbering the Marital Residence;
C. To repay Wife for the cost of repairs in the amount of $10,000.00.
D. The remainder to be split equally between the parties. In the event there is
a deficiency, Wife shall hold Husband harmless for the repayment of any marital debt as more
fully described herein, and Husband shall waive his right to receive any of the proceeds from the
sale of the Marital Residence.
Motor Vehicle The parties agree that any motor vehicles in the possession of either party
shall be solely the property of the other and, in the event any documents are necessary to transfer
title into the sole name of either Husband or Wife, consistent herewith, the other shall reasonably
cooperate to achieve the said purpose. The van presently located at the marital residence will be
transferred to Husband, who must remove the vehicle prior to the sale of the marital residence as
described above.
Household Furnishings It is agreed that the Household Furnishings has been equally
divided between the parties in accordance with the mutual understanding of the parties. Any
household furnishing presently in the possession of Wife will be her sole and separate property;
any household furnishing presently in the possession of Husband will be his sole and separate
property.
4
8. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE and
CHILD SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all
rights and claims which he or she may now or hereafter have 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 parties' obligation to contribute to
the support and maintenance of the other.
9. PENSIONS, RETIREMENT ACCOUNTS, AND CERTIFICATE OF
DEPOSITS. Each party specifically waives any claim they may have against the retirement of
the other not specifically defined herein. With regards to Husband's Pennsylvania State Employees
Retirement System Account, the parties agree to equally divide the marital value of this account by
a Qualified Domestic Relations Order to be prepared by Husband with Wife receiving one half
interest of the marital portion. The marital portion shall be determined with the numerator being
14.5 years and the denominator shall be husband's entire length of service. This formula shall be
used to determine the "marital portion" of the total pension, with Wife to receive one half of the
value of the "marital portion". Each party further agrees to execute immediately upon demand any
documents as may be required by the retirement plan administrator of the other spouse so as to
confirm each of her or his rights or interest explained herein.
10. ADVICE OF COUNSEL. The provisions of this Agreement and their legal
effect have been fully explained to Husband by his counsel, Hubert X. Gilroy, Esquire, and to
Wife by her counsel, Joseph D. Caraciolo, Esquire. Husband and Wife each covenants that he or
she has made a full financial disclosure to the other of his or her respective property, holdings
and income. Husband and Wife each acknowledge that each fully understands the facts of this
agreement and has been fully informed as to her or his legal rights and obligations and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and
that it is being entered into freely and voluntarily, with such knowledge and that execution of 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.
11. DIVORCE. The parties agree and acknowledge that their marriage is
irretrievably broken, that they do not desire marital counseling, and that they both consent to the
entry of a decree in divorce pursuant to 23 Pa. C.S.A. § 3301(c). Accordingly, both parties agree
to forthwith execute such consents, affidavits, or other documents and to direct that Wife's
Attorney shall file a Praecipe to Transmit the record and obtain a divorce pursuant to said 23 Pa.
C.S.A. § 3301(c).
It is the intention of the parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no other judgment or decree of divorce,
temporary, final, or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall be incorporated in but shall not merge into any such judgment or decree of final
divorce, but shall be incorporated for the purposes of enforcement only.
5
12. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time,
at the request of the other, execute, acknowledge and deliver to the other party any and all further
instruments, deeds, titles or documents that may be reasonably required to give full force and
effect to the provisions of this Agreement, including all papers necessary to transfer title.
13. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently
own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or
her, with full power to dispose of the same in all respects and for all purposes; as though he or
she were unmarried.
14. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties
hereby agree and express their interest that any transfer of property under this Agreement shall be
within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as
"the Act," and specifically the provisions of the Act pertaining to property transfers between
spouses and former spouses. The parties agree to sign and file any elections or other documents
required by the Internal Revenue Service to apply the Act to transfers under this Agreement
without recognition of gain and subject to the carry-over basis provisions of the Act.
15. MODIFICATION AND WAIVER. A modification or waiver of any of the
provisions of this Agreement shall be effective only if made in writing and executed with the
same formality as this Agreement. The failure of either party to insist upon the 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.
16. 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.
17. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for
convenience only. They shall have no effect, whatsoever, in determining the rights or obligations
of the parties.
18. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and
agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a
separate and independent agreement.
19. 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, to terminate
any further payments required to the other hereunder or seek such other remedies or relief as may
be available to him or her, and the party breaching this contract shall be responsible for payment
of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in
seeking such other remedies or relief as may be available to him or her.
6
20. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has
relied on the completeness and substantial accuracy of financial disclosures of the other as an
inducement to enter into this Agreement. The parties acknowledge that there has been no formal
discovery conducted in their pending divorce action and that neither has filed and Inventory and
Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of
either party to pursue a claim for equitable distribution of any interest owned by the other party in
an asset prior to the date of execution hereof which interest was not disclosed or known by the
other party or his or her counsel prior to the execution of this Agreement is expressly reserved.
21. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement
shall be determined or declared to be void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this Agreement, and, in all other respects,
this Agreement shall be valid and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
WITNESS:
WITNESS:
HUSBAND:
s-'W' -, a6A,
STANLEY .BIELAWA
WIFE:
BARBARA L. BIELAWA
7
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
i : SS
COUNTY OF
On this then of t , 2011, before me, the
undersigned officer, personally appeared STAND + Y M. BIELAWA, 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 therein contained.
.NOTARIAL SEAL
y comn3ftfjfijftb:
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
My Commission Expires Oct 21, 2014
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
"t?? I?
COUNTY OF
: SS
On this the 0) of 0 , 2011, before me, the
undersigned officer, personally appeared BA ARA L. BIELAWA, known to me (or
satisfactorily proven) to be the person whose name is subscribed to
acknowledged that she executed the same for the purposes therein contained.
M commission expires:
NOTARIAL SEAL
JOSEPH CARACIOLO
Notary Public
HARRISBURG CITY, DAUPHIN COUNTY
Nly Commission Expires Oct 21, 2014
the within Agreement and
BARBARA L. BIELAWA
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. No. 05-2889 CIVIL TERM
c
STANLEY M. BIELAWA M W 3t
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Defendant CIVIL ACTION - LAW DIVOR4
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:
in
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Dc)
PRAECIPE TO TRANSMIT RECORD --°
TO THE PROTHONOTARY: T >C-
•- r-6
Transmit the record, together with the following information, to the Court foli en?ry oHa
divorce decree:
Ground for Divorce: irretrievable breakdown under Section X 3301(c) or
3301(d)(1) of the Divorce Code.
2. Date and manner of service of the Complaint: Acceptance of Service dated June 30, 2005
and filed July 7, 2005.
3. Complete either Paragraph A. or B.
A.1 Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code by Plaintiff: Tuly 14, 2011
by Defendant: April 26, 2012
A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent:
by Plaintiff: August 3, 2011
by Defendant: April 27, 2012
4. Related claims pending. Please, incorporate without merging the attached Marital
Settlement Agreement of the parties into the Divorce Decree.
B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of
the Divorce Code:
B.2 Date of service of Plaintiff's Affidavit upon Defendant:
Date of service of Notice to Intention to Enter:
Respectfully SuDn-fitted,
FOREMAN & CARAfflIOLO, P.C.
Date Jo , h Caraciolc Esqu'
11 Market Street, 6th Floor
Harrisburg, Pennsylvania 17101
ID# 90919 Tel. (717) 236-9391
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA L. BIELAWA
V.
STANLEY M. BIELAWA
NO. 05-2889
DIVORCE DECREE
AND NOW, Z- , it is ordered and decreed that
BARBARA L. BI LAWA _,plaintiff, and
STANLEY M. BIELAWA
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The Marriage Settlement Agreement, dated April 11, 2011, attached hereto is
incorporated, but not merged with this Decree.
By the Court,
Attest:
Prothonotary
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5
Hubert X. Gilroy, Esquire
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
I.D. 29943 and 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Defendant
E
.T.
:1
BARBARA L. BIELAWA,
Plaintiff
V.
STANLEY M. BIELAWA,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-2889
CIVIL ACTION - LAW
IN DIVORCE
STIPULATION AND AGREEMENT
AND NOW, this day of , 2012, the parties, Barbara L. Bielawa, Plaintiff
and Stanley M. Bielawa, Defendant, do hereby stipulate and agree as follows:
1. Plan Information. This Order relates to the Commonwealth of Pennsylvania, Public
School Employees' Retirement System (hereinafter "Plan" or "PSERS"), as provided by the Public
School Employees' Retirement Code 24 Pa. C.S. §8101 et seq. ("Retirement Code").
2. Member Information. Stanley M. Bielawa, hereinafter referred to as "Member,"
is a Member of the PSERS. The Member's date of birth is (deleted on original), and social security
number is (deleted on original). The Member's mailing address is 427 South Frederick Street,
Mechanicsburg, Pennsylvania 17055.
3. Alternate Payee Information. Barbara L. Bielawa, hereinafter referred to as
"Alternate Payee," is the former spouse of Member. Alternate Payee's date of birth is (deleted on
original), and social security number is (deleted on original). The Alternate Payee's mailing address
is 120 Byron Nelson Circle, Etters, Pennsylvania 17319.
4. Address Notification. The parties shall promptly notify PSERS of any change in
their address from those set forth in this Order.
5. Retirement Benefits. Member's retirement benefit is defined as all monies paid to
or on behalf of Member by PSERS, including any lump sum withdrawals and/or any increases.
Equitable distribution of the marital property component of Member's retirement benefit, as set forth
in Paragraph Six (6) shall commence as soon as administratively feasible after Member's effective
date of retirement or the approval by PSERS of a Domestic Relations Order incorporating this
Stipulation and Agreement, whichever is later.
6. Equitable Distribution.
(a) The marital property component of Member's retirement benefit equals (1)
the Coverture Fracture multiplied by (2) the Member's retirement benefit as of the Member's actual
date of retirement.
(b) The Coverture Fraction is a fraction with a value less than or equal to one (1).
The numerator shall equal 14.5 years of Member's service, as defined by PSERS. The denominator
shall equal the amount of Member's total service.
(c) Fifty percent (50%) of the marital property component of Member's
retirement benefit is to be allocated to Alternate Payee for the purpose of equitable distribution of
this marital asset.
7. Death of Member. Member hereby nominates Alternate Payee as an irrevocable
beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's
retirement benefit for any death benefits payable by PSERS.
8. Authorization. Member hereby authorizes PSERS to release to Alternate Payee all
information concerning Member's retirement account.
9. Death of Alternate Payee. If Alternate Payee dies prior to the receipt of all
payments potentially payable to the Alternate Payee from PSERS under this Order, then any
payment payable to the Alternate Payee by PSERS shall be paid to Alternate Payee's Estate to the
extent of the Alternate Payee's equitable distribution portion of the Member's retirement benefit as
set forth in Paragraphs Five (5) through Eight (8).
10. Retirement Option Selection. The term and amount of Member's retirement benefit
payable to Alternate Payee under the terms of this Stipulation and Agreement after its entry as a
Domestic Relations Order acceptable to PSERS are dependent upon which option is selected by
Member upon retirement. Member and Alternate Payee expressly agree that Member may select
any retirement option offered by PSERS under the Retirement Code at the time Member files an
application to retire with PSERS.
Lump Sum Benefit. Upon retirement, Member may elect to receive a lump sum
payment pursuant to 24 Pa. C.S. § 8345 (a)(4)(iii) as part of his retirement benefit. Member may elect
to receive a lump sum in an amount equal to the total accumulated deductions. Of which the
Alternate Payee is entitled to receive the equitable distribution portion as outlined in Paragraph six
(6).
11. Tax Liabilities. PSERS shall issue individual tax forms to Member and Alternate
Payee for the amounts paid to each.
12. Limitations on the Alternate Payee. Alternate Payee may not exercise any right,
privilege or option offered by PSERS. In no event shall the Alternate Payee or her Estate have
greater benefits or rights than those that are available to the Member. The Alternate Payee or her
Estate is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee or her
Estate is only entitled to the specific benefits offered by PSERS as provided in this Order. All other
rights, privileges, and options offered by PSERS not granted to the Alternate Payee or her Estate by
this Order are preserved for the Member.
13. Cost of Living Adjustments (COLAs). It is specifically intended and agreed by the
parties hereto that this Stipulation and Agreement:
(a) Does not require PSERS, to provide any type or form or amount of benefit or
option not otherwise provided under the Retirement Code; and
(b) Does not require PSERS to provide increased benefits (determined on the
basis of actuarial value) unless increased benefits are paid to Member based
upon cost-of-living adjustments or on other than actuarial values.
14. Intent of the Parties. The parties intend and agree that the terms of this Stipulation
and Agreement shall be approved, adopted, and entered as a Domestic Relations Order.
15. Amendments. The Court of Common Pleas of Cumberland County, Commonwealth
of Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on 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 PSERS to
provide any type or form of benefit, or any option not otherwise provided by PSERS, and further
provided that no such amendment or right of the Court to so amend will invalidate any existing
Order.
16. Effective Date. Upon its entry as a Domestic Relations Order, a certified copy of
this Stipulation and Agreement and any attendant documents shall be served upon PSERS
immediately. The Domestic Relations Order shall take effect immediately upon its approval and the
approval of any attendant documents by PSERS, and shall remain in effect until further Order of
Court.
WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and
Agreement, do hereunto place their hands and seals.
Stanley Bielawa, Member
Date:
Barbara L. Bielawa, Alternate P ee
Date: 7 - -R 2 --/.
MARTSO LAW OF I S
By:
Hubert X. Gilroy, Esquire
Jennifer L. Spears, Esquire
10 East High Street
Carlisle, PA 17013
AttomeX fo?emb
Date: a ?
By `? V t
Jose Caraciolo,
Vet an Building
112 Market Street, Sixth Floor
Harrisburg, PA 17101
Attorney for Al ernate Payee
Date: 0/ 3///:L-
PARTIES' PRIVATE INFORMATION
DOMESTIC RELATIONS ORDER
Participant Private Information
Participant's Name: Stanley M. Bielawa
Date of Birth: December 26, 1950
Social Security Number: 187-42-5243
Address: 427 South Frederick Street, Mechanicsburg, Pennsylvania 17055
Alternate Payee Information
Alternate Payee Name: Barbara L. Bielawa
Date of Birth: May 22, 1956
Social Security Number: 184-48-8994
Address: 120 Byron Nelson Circle, Etters, PA 17319