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Home My WebLink About05-4830 .. McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5479 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS, - 4PJO (!t.'uttr ~ CIVIL ACTION - LAW JANICE L. CHWASTYK Plaintiff JOSEPH J. CHWASTYK Defendant IN DIVORCE 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 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 the 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5479 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff JANICE L. CHWASTYK Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. DS- Aj?3o CiuJ__ Y<ER-V; CIVIL ACTION - LAW JOSEPH J. CHWASTYK Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE COUNT I 1. Plaintiff is Janice L. Chwastyk, an adult individual who currently resides at 3809 Bellows Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Joseph J. Chwastyk, an adult individual who currently resides at 107 East Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 9, 1966 at Honolulu, Hawaii. 5. Plaintiff filed a Complaint in Divorce on March 3, 1986. Said action has since been purged by the County due to inactivity. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 8. Plaintiff will file a 3301 (d) Affidavit and provide the appropriate notices to Defendant as the parties have been separated since March 1984. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce under Section 3301(d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff incorporates by reference Paragraphs 1 through 8 of this Complaint. 10. Plaintiff and Defendant possess various items of marital property, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests this Court to equitably distribute all property owned by the parties. Respectfully submitted, McNees Wallace & Nurick LLC ByJk6L p~ Dated: September 16, 2005 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 are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: q /lu!oS- ~ \.> ~ 'i 10 ~ (") 'C5 ~ - c. Zi\ "'- 10 -.0 -:<' ~~g G"- O '""0 (\.-j u> - Q 11'":,Y-" !::J ~ -t::' .v, \) j:':", ~\ :b -, . .....::l ~ t; - \) () CI'\ C1' ~ (;\.:) ~ ()- \) ~1:; - -.:> 06 ........... ;~:~,~ :JZ Z-rn , ~ tP. 9 ~ ~ ~ .- N .s;- :;<:; ~ r' ~Q McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff JANICE L. CHWASTYK Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 Civil Term JOSEPH J. CHWASTYK Defendant CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Divorce Complaint in the above matter was served on the Defendant, Joseph J. Chwastyk, by certified mail, restricted delivery, return receipt requested on September 19, 2005. See Exhibit "A" attached. The Divorce Complaint was received and signed for by the Defendant on September 21,2005. The original of the return receipt is attached hereto as Exhibit "B". ~:tR~ amela L. Purdy Date: September 23, 2005 7M.O 3'11:1. 'WI"! 24"1b ""22 TO: Joseph J. Chwastyk 107 East Main Street Shiremanstown, P A 170 II SENDER: 244 REFERENCE:23817-1 PS Form 3800 Janua 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Recei t Fee US Postal Service (/) RKQR ~t -J - r' (~, ..0,..0 1 9 2005 .i2 ~ (l,; '\ ....... \~:.>' ,-" \V""~" ~Q ..~ Receipt for Certified Mail No Insurance Coverage Provided 00 Not Use for Internalional Mail l__hnn.___no_____u____u___n...___u.____ EXHIBIT "A" 2. Article Number IUI m~ ~mlll~ II~ 7lo1oll 3'11], "~'l i!~'" 1oIoi!i! 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: :KJve. 23817-1 244 Joseph J. Chwastyk 107 East Main Street Shiremanstown, P A 170 II PS Form 3811, January 2005 Domeatic Return Receipt EXHIBIT "B" (") ~ 'S,,--, -en::'- rl'~I'(\ Z:l'~~ 7---: t~...,~ (j)"^^;,,, 2c) ~. -y. -- _. - ;?:, ,~, ::.ll (.n C; r,) -' o -n -' -c-n r1'l?:: -c,r:.1, -~{~~) '~'_~, -'::\A \.~J~ "::4 :P': :~ r:~\~ ~? x:~ (~) McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv(1iimwn.com Attorneys for Plaintiff JANICE L. CHWASTYK : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 Civil Term JOSEPH J. CHWASTYK CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. Date: JD/6/oS ~ n c-::. , ------ ....., = ,-:;:::) 01. C) '.....) ~; - q, .-\ ':1:-n f-nF" 'eG -r;~:; . -:~\~~:\ ji\~ 2~ :l .-;:) _.,,- --. .r;:- oO o o - JANICE L. CHWASTYK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH J. CHWASTYK, Defendant NO. 05-4830 Civil NOTICE OF ELECTION TO RESUME MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter, prior to the entry of a Final Decree in Divofce, hereby elects to resume the prior surname of McLaren, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. ~704. Date: Co) 1.."5 -:<. OOS . ~. e L. Chwastyk C\ . l..." t\ c: ~~ L. McLaren COMMONWEALTH OF PENNSYLVANIA ;'\~ . SS: COUNTY OF l/. ' J . On this, the ~,idfy of ~ dlA , 2005, before me, the undersigned officer, personally appeared Janie L. Chwastyk, t1b/k/a Janice L. McLaren, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. In WITNESS WHEREOF, I have hereunto set my hand and seal. VANIA Notarial Seal Susan M, Joy, NolMy Public Susquehanna 1\vp., Dauphin County My Commission Expires Dec. 8, 2001 ...t..q. ~ ;l \) \;J - ~ ~ ~ -cJ ~ r B -------- ,-> {:.::;.~ ~.::.f1 s\ -- c':l <;"h ~~e, \~~ -- .' (.,;.."> -' - McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff JANICE L. CHWASTYK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - DIVORCE JOSEPH J. CHWASTYK, Defendant : NO. 05-4830 Civil MOTION TO OVERRULE OBJECTION TO SUBPOENA Plaintiff, by and through her counsel, McNees Wallace & Nurick, hereby moves this Court to overrule the Objection to Subpoena of Defendant. In support whereof, Plaintiff avers as follows: 1. Plaintiff Janice L. Chwastyk is an adult individual who currently resides at 3809 Bellows Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant Joseph J. Chwastyk is an adult individual who currently resides at 107 East Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were married in 1966 and separated in 1986. 4. Defendant was employed by GPU Nuclear, Inc. from 1968 to 1984, during which he became a beneficiary of the GPU Nuclear, Inc. Employee Pension Plan. 5. Plaintiff believes that Defendant's interest in the GPU Nuclear Inc. Employee Pension Plan is marital property and subject to equitable distribution. 6. On September 19, 2005, Plaintiff served Defendant with a Notice of Intent to Serve Subpoena upon the Custodian of Records for GPU Nuclear, Inc. now known as MET-ED. A copy of the Notice is attached hereto as Exhibit "A," and is incorporated herein. 7. On October 6, 2005, Plaintiff received Defendant's objection to Plaintiff's intent to serve a subpoena on MET-ED, which was not filed with the Court. A true and correct copy of Defendant's correspondence dated October 5, 3005 is attached hereto as Exhibit "B," and is incorporated herein. 8. Defendant's basis of said Objection is that there was an agreement between the marital parties that Defendant would transfer his share of the ownership of the marital residence to the Plaintiff in exchange for the Plaintiffs relinquishment of rights to the Defendant's employment pension. See Exhibit "B." 9. Plaintiff denies that the above-referenced agreement, or any agreement, was ever made to exchange transfer of title for relinquishment of equitable distribution of Defendant's pension. 7. As of this date, Defendant has not produced and Plaintiff is unaware of the value of Defendant's pension. 9. The Subpoena to the Custodian of Records for MET-ED seeks information that would disclose the value of the pension. 10. As the information sought is relevant, likely to lead to the discovery of admissible evidence, and is not privileged, Defendant's objection to the Subpoena seeking this information should be overruled. WHEREFORE, Plaintiff respectfully requests that this Court overrule Defendant's Objection to Subpoena and allow service of the Subpoena upon the records custodian for MET-ED. Respectfully submitted, McNEES WALLACE & NURICK LLC By r~~~ 1.0. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Date: December 16, 2005 Attorneys for Plaintiff JANICE L. CHWASTYK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH J. CHWASTYK, Defendant : NO. 05-4830 Civil NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: JOSEPH J. CHWASTYK, Defendant Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. McNEES WALLACE & NURICK LLC By Date: September 19, 2005 Pamela L. Purdy 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff aMUNWEALTH OF PENNSYLVANIA a:JUNl'Y OF CUMBERLI\ND JANICE L. CHWASTYK, Plaintiff v. JOSEPH J. CHWASTYK, Defendant File No. 05-4830 SUBPOENA TO PROOUCE DO::U1ENTS OR n-I I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of records for MET-ED/a First Energy Company (Name of Pers~~ or Entity) Within twenty (20) days after service of this subpoena. you are ordered by the court to produce the following docunents or things: Any and all records and documents relating to the company-funded pension provided !O Joseph J. Chwastyk at the offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. I f you fail (20) days after c:crrpe 11 ing you to to produce the doclrnents or its service, the party ccrrp1y with it. things required by this subpoena within twenty serving this subpoena may seek a court order n-IIS SUBPOENA WAS ISSUED AT n-IE REC0EST OF n-IE FOlLCWING PERSON: NAME: Pamela L. Purdy, Esquire_-,?~_McNees Wallace & Nurick ADDRESS: P.O. Box 1166 Harrisburg, PA 171708 TELEPHONE: 717-232-8000 SUPREME O)IJRT I D # 85 7 8 3 ATTORNEY FOR: Plaintiff BY THE COURT: - Prothonotary/Clerk. Civil Division DA TE: _~____________________ Seal of the Court Deputy (Eff. 7/97) CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by regular, first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 Date: September 19, 2005 L Pamela L. Purdy JANICE L. CHWASTYK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH J. CHWASTYK, Defendant : NO. 05-4830 Civil NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS To: JOSEPH J. CHWASTYK, Defendant Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. McNEES WALLACE & NURICK LLC By Date: September 19, 2005 Pamela L. Purdy 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 (717)232-8000 Attorneys for Plaintiff ~TH OF PEllNSYLVANIA COUNl'Y OF CUMBERIAND JANICE L. CHWASTYK, Plaintiff v. File No. 05-4830 JOSEPH J. CHWASTYK, Defendant SUBPOENA TO PRODUCE DOCl..t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Custodian of records for MET-ED/a First Energy Company (Name of Pers~~ or Entity) Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: Anv and all records and documents relating to the company-funded pension provided ~o Joseph J. Chwastyk at the offices of McNees Wallace & Nurick, 100 Pine Street, Harrisburg (Address) You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of ca1l)liance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail (20) days after carpe 11 ing you to to produce the documents or its service, the party carply with it. things required by this subpoena within twenty serving this subpoena may seek a court order TH I S SUBPOENA WAS I SSUED AT THE RECUEST OF THE FOlLCW I NG PERSON: NAME: Pamela L. Purdy, Esquire ~McNees Wallace & Nurick AOORESS:l'_.O. Box 1166 Harrisburq, PA 171708 TELEPHONE: 717-232-8000 SUPREME CX)IJRT I D # 85783 ATTORNEY FOR: Plaintiff BY THE CXlURT: Prothonotary/Clerk, Civi 1 Division DATE: Seal of the Court Deputy (Eff. 1/97) CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Notice was served by regular, first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 Date: September 19,2005 iyk}b7+ 13 To: Pamela L. Purely McNees Wallace & Nurick Subject: Notice (It' intent to Sl'! ,c " ", Septclll:1CI [9,2005 11(1 (1 PI,1C:: ,~. dOClI!111'! . .1!l~S. Dated I, the undersigned, submit a file "r rl'C(lrc[ objectil1g 'll The basis of the objection is an ,'CI'll"l ;'ctwee'l myself whereas T \vQuld trans!l'!' (!c,:~ll\ ,.:1" 110:1': (11 to the Plaintiff <lilcl shewoulc! IClIl'g, :Ig!ns I" IllY Ile!, .111. ta" Plainl ,:09 Be,j, I\(:et subpoena, (' I Chwastvk and i,T, C:11l1p Hill, Pa, That deed was transferred on J\ll\tlllbcr 0 1')8') October 5, 2005 ~~ .1,'0/,\.-': CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Motion was served by regular, first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 Date: December 16, 2005 p~"~ F2-y " () r "" = C~ ..:..-n c? {""i " \.0 '-j "~ -0 ::::;t: e;.? ~ ~ n1 p;l -on1 'T':I:'.,J l~~ ) ".:..-=..- );~ :?l ,,-' $'- McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No, 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn,com t--\ DEe 2 1 2005 . r(\ r' Attorneys for Plaintiff JANICE L. CHWASTYK, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - DIVORCE JOSEPH J. CHWASTYK, Defendant : NO, 05-4830 Civil RULE TO SHOW CAUSE AND NOW, this ;? 'Po,} day of ~,Joe,) , upon consideration of the within Motion to Overrule Objection to Subpoena, a Rule is issued upon the Defendant to show cause why the Plaintiff's Motion should not be granted. RULE RETURNABLE 2-0 DAYS FROM SERVICE, -/li J, 1)-J-7-~f~ ~ yc >- ~~ U_l~"--! L;:C' (.j T ,.~ eLl L~~U >= IL o {'f) (...-) j,.:';' 0: N '''' W Ld [:) I.f? C.7l (::.:;; <" .-:".+ :'J "l.L. '. ~j U . McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff JANICE L. CHWASTYK n/k/a JANICE L. McLAREN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 Civil Term JOSEPH J. CHWASTYK Defendant CIVIL ACTION - LAW IN DIVORCE PETITION TO MAKE RULE ABSOLUTE And now comes Plaintiff Janice L. Chwastyk now known as Janice L. McLaren, by and through her attorneys, McNees Wallace & Nurick LLC, and fully represents as follows: 1. On September 16, 2005, Plaintiff filed a Complaint in Divorce. 2. On September 19, 2005, Plaintiff served Defendant with a Notice of Intent to Serve Subpoena upon the Custodian of Records for GPU Nuclear, Inc., now known as MET-ED. 3. On October 6, 2005, Plaintiff received Defendant's Objection to Plaintiff's Intent to Serve Subpoena on MET-ED. which was not filed with the Court. , - 4. On December 19, 2005, Plaintiff filed a Motion to Overrule Objection to Subpoena requesting that Plaintiff be allowed to subpoena MET-ED for information regarding Defendant's employment pension. 5. On December 22,2005, this Court issued a Rule upon Defendant to show cause why Plaintiff's motion should not be granted. Said Rule was returnable 20 days from the date of service. 6. More than 20 days have elapsed from the date of this Court's December 22, 2005 Rule, and no response has been filed by the Defendant. WHEREFORE, for the reasons set forth above, Plaintiff respectfully requests that the Court make the Rule Absolute, overrule Defendant's Objection to Subpoena, and allow service of the subpoena upon the records custodian for MET-ED. McNEES WALLACE & NURICK LLC By ~"~ e-v Dated: February 1, 2006 -2- - CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by hand-delivery upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 p'm~t ~ Counsel to Defendant Dated: February 1, 2006 ~') " )~, t'..J ....-, C:7> <,.;.::1 c,-. 4' rn OJ I 1'.J <:> -n :7 .';:) L,) I'.) 40. '\ i JANICE L. CHWASTYK n/k/a JANICE L. McLAREN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 Civil Term JOSEPH J. CHWASTYK Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this :7 . day of r~7 ' 2006, upon consideration of Plaintiff's Petition for Rule Absolute, it is ORDERED that Defendant's Objection to Subpoena is overruled, and Plaintiff may served the subpoena upon the records custodian for MET-ED. BY THE COURT: ./1) J. ""':?f ~ fr~' ~' C": It. .;, " \' ;;' ~) C t' , f-' 9 ~ ~ t~ ~ {:' t. . ~ J~, f ~, "gj 1 i '8 'IH , "'" H 1_ . " ~ Q'll'W" 8- 6.J.:J )IJU{.. ^., -=-...-}LL :1'0 AHv1u.\ .j J'(IT!i::l JANICE L. CHWASTYK n/kJa JANICE L. McLAREN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 Civil Term JOSEPH J. CHWASTYK Defendant CIVIL ACTION - LAW IN DIVORCE WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw our appearance on behalf of Plaintiff, Janice L. Chwastyk, n/kJa Janice L. McLaren, in the above matter. McNEES WALLACE & NURICK LLC BYti2f& U. P I Helv . No. 531 100 Pine Street P.O, Box 1166 Harrisburg, PA 17108 (717) 237-5343 Dated: April J,O . 2006 d -;:1 .. ~ , c: (:', r . Pamela L. Purdy Attorney 10 No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdv@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK n/kla JANICE L. McLAREN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 Civil Term v. JOSEPH J. CHWASTYK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly enter the appearance of Pamela L. Purdy on behalf of Plaintiff in the above matter. f~ 5.rof2-0 Dated: Aprillb, 2006 Attorney for Defendant . . CERTIFICATE OF SERVICE The undersigned hereby certifies that on the Zf; day of April, 2006 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 f~:.Lff -t Pamela L. Purdy Attomey 10 No. 85783 115 Pine Street, Suite 100 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK n/kla JANICE L. McLAREN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 Civil Term v. JOSEPH J. CHWASTYK, Defendant CIVIL ACTION - LAW IN DIVORCE ~ETITION FOR EMERGENCY AND INJUNCTIVE REW AND NOW comes Plaintiff Janice L. McLaren, by and through her attomey, Pamela L. Purdy Esquire, and files this Petition for Emergency and Injunctive Relief, and in support thereof, avers as follows: 1. Plaintiff is Janice L. McLaren, an adult individual who currently resides at 3809 Bellows Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Joseph J. Chwastyk, an adult individual who currently resides at 107 East Main Street, Shiremanstown, Cumberland County, Pennsylvania. 3. The parties were married on October 9.1966 in Honolulu. Hawaii. 4. Plaintiff filed a Complaint in Divorce on March 3,1986. Said action has since been purged by the Court due to inactivity. 5. Plaintiff filed a new Complaint in Divorce on September 16, 2005. 6. No counsel has entered his or her appearance on behalf of Defendant at this time. 7. On September 19, 2005, Plaintiff served Defendant with a Notice of Intent to Serve SUbpoena upon the Custodian of Records for GPU Nuclear, Inc., now known as MET-ED, which requested information regarding the value of Defendanfs pension. 8. On October 6, 2005, Plaintiff received Defendant's objection to Plaintiffs intent to serve a subpoena on MET-ED, which was not filed with the Court. 9. On December 19, 2005, Plaintiff filed a Motion to Overrule Objection to Subpoena. 10. On December 22, 2005, the Honorable Kevin A. Hess issued a Rule to Show Cause to which Defendant never responded. 11. On February 2, 2006, Plaintiff filed a Petition to Make Rule Absolute, which the Court granted on February 8, 2006. 12. On March 14,2006, Plaintiff served the subpoena on MET-ED. 13. On May 25,2006, Plaintiff received documentation from First Energy, MET- ED's parent company, regarding Defendant's pension. 14. From the records pfovided by MET-ED, Plaintiff has learned that on January 16,2003, Defendant certified to his employer that he was not married. A true and correct copy of Defendant's Certification of Marital Status dated January 16, 2003 is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 15. Defendant was married to Plaintiff on January 16, 2003 and remains married to Plaintiff. 2 16. Plaintiff also learned that on March 10, 2003, Defendant elected to not be covered by the Automatic Post-Retirement Surviving Spouse Option, which required Plaintiff's notarized signature. A true and correct copy of Defendant's Election for the Automatic Post-Retirement Surviving Spouse Option signed by Defendant on March 10, 2003 is attached hereto as Exhibit "B" and incorporated herein as if fully set forth. 17. Plaintiff did not sign Defendant's Election for the Automatic Post-Retirement Surviving Spouse Option and did not authorize Defendant to elect to not be covered by the Automatic Post-Retirement Surviving Spouse Option. 18. If Defendant were to die with his current election status, no pension would be paid to Plaintiff after Defendant's death. 19. Defendant's pension has been in pay status since April 1 , 2003 and his monthly payments and/or lump sum annuity was calculated as if he is not married and would have no survivor upon death. 20. Defendant continues to receive retirement benefits, thereby depleting a major marital asset. 21. Defendant's pension is the largest and most valuable asset in the parties' marital estate and there is not enough other marital property to compensate Plaintiff to allow for an equitable distribution of the marital property if Defendant dissipates his pension or dies prior to changing his election to include t~e surviving spouse option. 22. Defendant's evasive behavior and fraudulent actions constitute obdurate and vexatious behavior, and have caused Plaintiff to incur needless counsel fees in the course of this divorce action. 3 WHEREFORE, Plaintiff respectfully requests that this Court enter an Order: a. enjoining Defendant from disposing of or further dissipating any pension benefits already received or received in the future until written agreement of the parties or further order of court; b. creating a constructive trust whereby all of Defendant's pension payments be deposited into an escrow account until written agreement of the parties or further order of court; c. ordering that Defendant designate Plaintiff as the beneficiary of any life insurance policies on which Defendant is the insured until such time as the surviving spouse option is active; d. ordering Defendant immediately to change his election to allow for partiCipation in the Automatic Post-Retirement Surviving Spouse Option with 100% as the percentage to be continued to his spouse; e. ordering Defendant to pay Plaintiff's reasonable counsel fees and costs for the preparation and presentation of the Motion to Overrule Objection to Subpoena and Petition for Emergency Relief; and f. any other relief that the Court deems appropriate. Respectfully Submitted, ~/P4 Counsel for Plaintiff 4 VERIFICATION I verify that the statements made in the foregoing Petition for Emergency and Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.5. ~ 4904, relating to unsworn falsification to authorities. (\ ~ ~ ~. l ~YI\ "'''^'^- - III L. McLaren Date: S I Q.la \~()Ob ~( V\I b', t A- ;...-- 15/25/2008 10:08 F~X 3303843815 , "" ~ i i . \ \ ~ t Do .. , il , ~ tll\\ ~ III :i ~ lll"ll ~ .1 ~~I' ~ .. . , . ... , .... ,i r LEG~L DEP~RTMENT I i \'\ 1 ! 1 " t l , I \ \!' 1\ i \ , I If' ,a. \ t .. w\ 1 \t. ! t \ ~ t 1 \ ... . ." . I :; "\'_\\ l \ ~ ~ \ a\' t! \ \ ~ \' \ \ it " i '? ,r It t \ 1 i ,'\ \1 l Ii \ \\. 1\ i it ,. ~\\ 1 \1 I I~ I 0 l~' · ~I 1\ ,\ 1 l~ \\ \1 \l\U \, n ,1 \\ \\ \ \,t" \\ \l.lt !l!l ! I !\ I. i I \\ ~ I , Wl I I I 1 1 - .~.----' \ .. 1 'lI l \ \ \- \ ,I \ \ \11 i .m t \ ~\~ \ \ \ \ ~l \ -, 1 i ' ~ ~\ \} \ I . 1,,\1"61\ ,til \ i 1 \,~..( rf\ l1i,.\1 I ,-, i \., ~ ~ t ~ \!! "l lot 0 \~ ! I t;<hl!,;-r is , OS/25/2008 10:08 f~X 3303843815 , " - . 0; ~ ! ~ · i \ i tJ )( \t II \' it I , ~ !It\, a 11\ !J ~ 1\11'110 :: I I~il~ :ll >< ..., l LEGAL DEPABTMENT ,,- "a 1\ \1 \ 11 1 J , 1 05 iR 1 1\1\ n\ \3. nl 11\ i r'1 \\\\ lit \ 1 it c ii \n t \ 11 Ill\!, . t, i 1\ '1\: . h\ l \ \. iW hr. \ >> 1 1 11 ,'\ 1\ 11 i 1\ \ Jill n !',~ ,~ \A \ \ll .\'1 \&\1" 1 'lI B' .i 1 \ i '~~'.II 1 ~ . i In "\\ II .\ i t \ .1 } ! ;' ~ 1-~\ I I I ,. t Hhl\ 11: 1 \1 Ii , ~ ! \. \ \ \ I' III I ~ '111 ,... t .I b 1 J !.., ! I l i! I ! 1 ~Jr ,i It' i \1 ~ t l.i \, d I - _4 11 \1 \ III \ !I I 'l;\ C '"'Il;: cc tiJ 00 t! I I I !t. ii' 1 _iiU s .11 II ," . '" CERTIFICATE OF SERVICE The undersigned hereby certifies that on the ] oJ\ day of May, 2006 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 ~tP~ Pamela L. Purdy \ , <- 0 ~ ('- = ~ ,-:.:::J; ~-'i' cr" r"; ...... 0.' .., -.;:: Ri:D (..) -elm 0 0'7 (~~1 C) :2 ;~i:=J3 .?t:? .,J:._' N ::".)1 1 ,-,) s! '" ~ ~ JANICE L. CHWASTYK nlkla JANICE L. McLAREN Plaintiff IN THE COURT F COMMON PLEAS CUMBERLAND OUNTY, PENNSYLVANIA v. CIVIL ACTION - IN DIVORCE JOSEPH J. CHWASTYK, Defendant ORDER AND NOW, this&'day of &J11 ~ ~ ' 2006, upon nsideration of the foregoing Petition for Emergency and InjunctiUe Relief, it is hefe y ordered that (1) a rule is issued upon the respondent to show cause hy the petitioner is not entitled to the relief requested; (2) the respondent shall file an answer to the petition w' in JO days of this date; : nJj1/J1. . m ..; ofthe (3) the petition shall be decided under Pa.R.C.P. No.2 de s" n cd; (5) argument shall be held on ~At J 30 ,~in Cou Cumberland County Courthouse; and (6) notice of the entry of this order shall be provided to a parties by the petitioner. ,4/L J. 9' ,?,' D - \,/i !'\)-vt:':}.8~,j ;'{3d i I "~"",,, ","'r,'''n'' J\J..!\;i ~"; "H Iv Sl: : II Wi 18 ^ \11,,1900Z J,l:NlOj,IU LlUUd 3Hl :10 38!:L'D''J311:J KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Attorney 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant JANICE L. CHWASTYK nlkla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4830 : CIVIL ACTION - LAW : IN DIVORCE JOSEPH J. CHWASTYK Defendant. ANSWER AND NEW MATTER TO PETITION FOR EMERGENCY AND INJUNCTIVE RELIEF AND NOW comes the Defendant Joseph J. Chwastyk, by and through his attorney, Shane B. Kope, Esquire, and files this Answer to Petition for Emergency and Injunctive Relief, and in support thereof avers the following: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted in part, Denied in part. As of the time of the filing of the Petition no counsel had entered their appearance on behalf of Defendant. Please allow this Answer to serve as entrance of appearance of undersigned counsel for the Defendant. 7. Admitted 8. Admitted 9. Admitted 10. Admitted 11. Admitted 12. Admitted 13. Admitted 14. Admitted. By way of further answer, Defendant signed the certification under the mistaken belief that the parties were divorced. The Defendant was misinformed as to the divorce procedure and thought he and his wife had been separated since 1986 or when the fifst Complaint in Divorce was filed. 15. Admitted. By way of further answer, Defendant was under the belief that they were divorced. 16. Admitted. By way of further answer, Defendant was under the belief that they were divorced. 17. Admitted 18. Admitted. 19. Admitted 20. Admitted. 21. Denied. There is other marital property that can and has been used to compensate Plaintiff including the marital home located at 3809 Bellows Drive, Camp Hill, Pennsylvania, in which the Plaintiff currently lives. Page 2 of 4 22. Denied. Defendant did not act in a fraudulent or evasive manner because he believed that he was divorced from the Plaintiff. WHEREFORE, Defendant respectfully requests that this Court deny the Petition for Emergency and Injunctive Relief. NEW MATTER 23 Responses in Paragraphs 1 through 22 are incorporated herein by reference as if set forth in full. 24. The parties had a verbal agreement that the Defendant would transfer the deed to the marital home at 3809 Bellows Drive, Camp Hill, Pennsylvania in exchange for the Plaintiffs relinquishment of her right of equitable distribution in Defendant's pension plan. The parties entered into this agreement in 1986 or when the initial Complaint in Divorce had been filed. The Plaintiff currently lives in the marital home without impediment from the Defendant. 25. The Defendant has relied on the parties' verbal agreement in collecting his pension. 26. The Defendant has relied and currently relies on these monthly pension payments as one of only two sources of income; if any past or future pension payments were to be placed into an escrow account, the Defendant would be destitute. Page 3 of 4 THEREFORE, the Defendant respectfully requests that this Honorable Court deny Plaintiff's Petition for Emergency and Injunctive Relief. Respectfully Submitted, KOPE & ASSOCIATES, LLC B Dated: C.ho~G. Page 4 of 4 VERIFICA lION I, Shane B. Kope, the attorney for the Defendant in this matter, have read the foregoing Answer with New Matter to Plaintiff's Petition for Emergency and Injunctive Relief. I verify that the averments in this Answer are true and correct and based upon information provided to me by the Defendant, who is unavailable to sign this document at this time. I understand that I am to secure Defendant's signature through a separate Verification when he is available; I will then submit said Verification via Praecipe to Attach with the Prothonotary's Office. I further understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: Gh%c hane B. Kope squire KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE. ESQ. Attorney J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~comcastnet Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4830 : CIVIL ACTION - LAW : IN DIVORCE JOSEPHJ.CHWASTYK Defendant. CERTIFICATE OF SERVICE I, Shane B. Kope. do hereby certify that on this the 20th day of June, 2006, I served a true and correct copy of the foregoing Answer and New Matter to Petition ofr Emergency and Injunctive Relief to Plaintiff via regular U.S. First Class mail, postage prepaid, addressed as follows: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 - Shane B. Kope, Es 2207 4660 Tnn e oad, Suite 201 Camp Hill, PA 17011 (717) 761-7573 C) :;-: !," J".,) r-.-) r'-~ ,. . ~) () -n .-1 --(- j=Tj eX' , C' ....-,-, en C:J I . .- KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Attorney J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~comcast.net Attorney for Defendant JANICE L. CHWASTYK n'k1a JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4830 CIVIL ACTION - LAW IN DIVORCE JOSEPHJ.CHWASTYK Defendant. PRAECIPE TO ATTACH VERIFICATION TO THE PROTHONOTARY: Please attach the enclosed Verification signed by the Defendant to the Answer and New Matter to Petition for Emergency and Injunctive Relief that was filed in the above captioned matter. Respectfully Submitted, KOPE & ASSOCIATES, LLC 4 .... KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Attorney J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~omcast.net Attorney for Defendant JANICE L. CHWASTYK nlkla JANICE L. MCLAREN Plaintiff, vs. JOSEPHJ.CHWASTYK Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on June 22, 2006, I served a copy of the foregoing Praecipe to Attach Verifcation by first class United States mail upon the following: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 KOPE & ASSOCIATES, LLC ane B. Kope, sq. 46' d, Suite 201 Camp Hill, PA 17011 (717) 761-7573 J.D. 92207 (Attorney for Defendants) "" .' VERIFICATION I, Joseph J. Chwastyk, the Defendant in this matter, have read the foregoing Answer with New Matter to Plaintiff's Petition for Emergency and Injunctive Relief. I verify that the averments in this Answer are true and correct and based upon my personal knowledge. I further understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: (P/dd..J~(p , , ~~ "'" '. P--~'" = C) --n ::::! ':":'-'~ <:::j', (~_.. r-,l t......) (,.,,) ~,Cj -~ij t.;.:..~ . # KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~omcast.net Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-4830 : CIVIL ACTION - LAW : IN DIVORCE JOSEPHJ.CHWASTYK Defendant. PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: ; Please enter the appearance of Shane B. Kope, Esquire, 4660 Trindle Road, Suite 201, Camp Hill, Pennsylvania 17011, on behalf of the Defendant, Joseph J. Chwastyk, in connection with the above-captioned divorce action. Respectfully Submitted, BY: }/- , Esquire Date: ... t' KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. ATTORNEY J.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope~omcast.net Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4830 CIVIL ACTION - LAW IN DIVORCE JOSEPH J. CHWASTYK Defendant. CERTIFICATE OF SERVICE I, Shane B. Kope, do hereby certify that on this 27th day of June, 2006, I served a true and correct copy of the foregoing Praecipe to Enter Appearance via regular U.S. First Class mail, postage prepaid, addressed as follows: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 By: ane B. Ko ,Esq. J.D. 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant .. '" ...., (~ (C,::,':> -II ~ 1"'.1 ,:;.;-, c_ ,."- r",,) t,D ( ~' (-J (, JANICE L. CHW ASTYK n/kIa JANICE L. MCLAREN, Plaintiff vs. JOSEPH J. CHW ASTYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4830 CIVIL ORDER AND NOW, this 3-1 day of July, 2006, in accordance with the agreement of the parties as announced in open court and in their presence, it is ordered and directed that fifty percent (50%) of the defendant's GPU pension shall be paid to the plaintiff in accordance with a qualified domestic relations order to be prepared by counsel for the plaintiff. Until said order is entered, the defendant will payor cause to be paid the said fifty percent (50%) amount directly to the plaintiff no more than ten (10) days after its receipt by the defendant. In addition, the marital heme at 3809 Bellows Drive, Camp Hill, Cumberland County, is awarded to the plaintiff, Janice McLaren. The defendant will execute any and all necessary documents to conclude the pending divorce action, said documents to be returned not more than ten (10) days after his receipt of same. ~ela L. Purdy, Esquire For the Plaintiff Jacob M. Jividen, Esquire For the Defendant BY THE COURT, .~ /! tL 22:2 '),I,'!!' ''',.J'i,!",..., 11) ',',j r- ~!:]nz JANICE L. CHWASTYK nlkla JANICE L. MCLAREN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 JOSEPH J. CHWASTYK, Defendant IN DIVORCE AFFIDAVIT OF CONSEN.l 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 16,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unswom falsification to authorities. Dated: '7 /1'1 /o~ , ~ ;Wcf:~- J~pli . fiwastyk (j".' (.:J n "-;' hl (..) N \!.::: Pamela L. Purdy, Esquire Attomey ID No. 85783 115 Pine Street Suite 100 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK nlkla JANICE L. MCLAREN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 IN DIVORCE JOSEPH J. CHWASTYK, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 18, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. ~_..o 1 ~"t~ ~m L. McLaren 7 ),,-/ hoc," I Dated: r--.' f:,~-:~' '('C~" '..... . "it:;::'''."' t , r;i;,> I'." : - - ,_':J I . . .1Il '. Pamela L. Purdy, Esquire Attomey ID No. 85783 115 Pine Street Suite 100 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK nlkla JANICE L. MCLAREN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 IN DIVORCE JOSEPH J. CHWASTYK, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER i3301Ic) OF TH,E DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed . .,. " with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.!i4904..iating to u",,,",,m fa..""oo to auth.""'eo. Ch CO j I \ '" ~ '.- · ~ f>. "'--.J 7 J I t.../ ~b Jani~ L. McLaren Dated: -2- ,.... ~. ...., c:::.:> ,...::'~ -r" . ,~:~:::l i('~ ,\, ',- .-_., ....<::.' --<.. . JANICE L. CHWASTYK nlkla JANICE L. MCLAREN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 JOSEPH J. CHWASTYK, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER i3301{cJ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~904 relating to unswom falsification to authorities. // ~~ Dated: '/ / / '11 CJ t .. ';:::~ -tl '-;4 c r-l~ N \!"-' ( .... Pamela L. Purdy, Esquire Attomey ID No. 85783 115 Pine Street Suite 100 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK nlkla, JANICE L. MCLAREN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4830 JOSEPH J. CHWASTYK, Defendant 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: 1. Grounds for divorce: irretrievable breakdown under S3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Served via certified U.S. Mail, restricted delivery, retum receipt requested on September 19, 2005, ..' ...... and signed for by Defendant on September 21, 2005. Proof of Service was filed of record on September 27,2005. 3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff: July 14, 2006; by Defendant: July 19, 2006. 4. Related claims pending: all outstanding issues were resolved by Order of Court dated July 3, 2006, a copy of which is attached hereto as Exhibit IIA." 6. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. ~t.f~ Pamela L. Purdy Attorney for Plaintiff Date: July 30, 2006 -2- ~C~:.? ..' en r - ( -- ):' ~ .", . . l,/.J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Janice L. McLaren Plaintiff No. 05-4830 VERSUS Joseph J. Chwastyk Defendant . DECREE IN DIVORCE . AND NOW, a.A.. J. 19'" , "'2..1/5(.. , IT IS ORDERED AND , DECREED THAT Janice L. McLaren , PLAINTIFF, AND Joseph J. Chwastyk , 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; . n"t "pplic"hle . . . . ~ J;z;P 2 /"p,!,>1I~){., W. QI-~ ~c/ ~~~~.~ ;;0.01-$ Pamela L. Purdy, Esquire Attorney ID No. 85783 11 5 Pine Street Suite 1 00 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@Verizon.net ATTORNEY FOR PLAINTIFF JANICE L. CHWASTYK njkja, JANICE L. MCLAREN, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 JOSEPH J. CHWASTYK, Respondent CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT OF COURT ORDER DATED JULY 3. 2006 AND NOW, Petitioner, Janice L. Mclaren, by and through her attorney, Pamela L. Purdy, Esquire, files this Petition for Contempt of Court Order dated July 3, 2006, and in support thereof, avers the following: 1. Petitioner is Janice L Mclaren, who is the Plaintiff in the above-captioned divorce action between the parties. 2. Respondent is Joseph J. Chwastyk, who is the Defendant in that action. 3. On July 3, 2006, the Honorable Kevin A. Hess entered an agreed-upon Order directing that 50% of Respondent's GPU Nuclear pension, which is currently in pay status, be paid to Petitioner in accordance with the Qualified Domestic Relations Order. A true and correct copy of the Order of Court dated July 3, 2006 is attached hereto as Exhibit "A" and incorporated herein as if fully set forth. 4. In addition, the Order directs that until the Qualified Domestic Relations Order is in effect, Respondent shall pay 50% of the monthly payments he receives from his GPU Nuclear pension directly to the Petitioner no more than ten (10) days after receipt. 5. As of the filing of this Petition, a Qualified Domestic Relations Order has not been entered yet in the above-captioned Order. 6. Respondent receives approximately $720.92 per month from his GPU Nuclear pension. 7. Contrary to the terms of the July 3,2006 Order, Respondent has failed to pay to Petitioner her 50% portion of the GPU Nuclear pension monthly payments. 8. Respondent is in contempt of Court for failure to comply with the terms of the Order of Court dated July 3, 2006. 9. Respondent has the ability to comply with the July 3, 2006 Order of Court. 10. Respondent should be responsible for Petitioner's counsel fees and costs in connection with the instant petition. 11. This Court has the ability pursuant to Section 3S02(e) of the Divorce Code of 1980, as amended, to enter an order directing the Respondent to pay to Petitioner her portions of the GPU monthly payments for July and August, plus interest, and provide security to insure future payments in compliance with the Court's Order. 12. Petitioner's counsel sought the concurrence of Respondent's counsel of record, and, as of the filing of this Petition, Respondent's counsel has not responded to Petitioner's counsel's request. WHEREFORE, Petitioner Janice L. McLaren respectfully requests this Honorable Court to enter an Order directing Respondent to: A. Pay to Petitioner half of the payment received by Respondent from the GPU pension for July and August plus interest; B. Provide security to insure future payments in compliance with the Court's Order; C. Pay for Petitioner's reasonable counsel fees and costs incurred in the preparation and presentation of this petition; and D. Any other relief that this Court deems appropriate. Respectfully submitted, Date: (1I~JS/lOO' pa~df.e~ Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition for Contempt are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. ~c, ~ Date: <d / ;;( cd ~ C)0k, Exhi bit A JANICE L. CHW ASTYK nlk/a JANICE L. MCLAREN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 05-4830 CIVIL JOSEPH J. CHW ASTYK, Defendant ORDER AND NOW, this 3..i day of July, 2006, in accordance with the agreement of the parties as announced in open court and in their presence, it is ordered and directed that fifty percent (50%) of the defendant's GPU pension shall be paid to the plaintiff in accordance with a qualified domestic relations order to be prepared by counsel for the plaintiff. Until said order is entered, the defendant will payor cause to be paid the said fifty percent (50%) amount directly to the plaintiff no more than ten (10) days after its receipt by the defendant. In addition, the marital home at 3809 Bellows Drive, Camp Hill, Cumberland County, is awarded to the plaintiff, Janice McLaren. The defendant will execute any and all necessary documents to conclude the pending divorce action, said documents to be returned not more than ten (10) days after his receipt of same. BY THE COURT, Pamela L. Purdy, Esquire For the Plaintiff -1'(".~ /! ~ K7A. Hess.]. Jacob M. Jividen, Esquire For the Defendant CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 2S~day of August, 2006 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Shane B. Kope, Esquire Kope & Associates, P.c. 4660 Trindle Road, Suite 201 Harrisburg, PA 17011-5608 p~ L.f~ Pamela L. Purdy (') c..-' " . 1""-.;) ("''7::} ,:..::,'J CoO, 1',) co --a C') ......" , 1 RECEIVED AUG 2 4 2006 BY: JANICE L. CHWASTYK nIkIa JANICE L. McLAREN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 Civil Term v. JOSEPH J. CHWASTYK, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED.DOM~snc RELATIONS ORDER WHEREAS, the parties, Joseph J. Chwastyk (hereinafter "Participanf) and Janice L. McLaren (hereinafter "Alternate Payeej were divorced on July by a Divorce Decree entered by the Court of Common Pleas of Cumberland County, Pennsylvania; and WHEREAS, as set forth in the Order of Court dated July 3, 2006, the parties stipulated that the Court shall enter this Order as a further judgment; WHEREAS, the Participant was employed by GPU Nuclear, Inc. and is a participant in the GPU Nuclear, Inc. Employee Pension Plan, such plan or any successor thereto hereinafter referred to as the "Plan"; and NOW THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Altemate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined benefit pension plan that is qualified under Section 410 of the Internal Revenue Code (the "Code") and the VIi\\f!\l},sNN3d I '^ 1(lr)'-, ,." ",~ '~"'Wnl"\ /\.U\f '~,,! ; "":-""J/ ~ oJ SZ :9 WV IE 501l900l AWIONCillCUd 3Hl ::f0 30i::!:'o-o:m , Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO'1 under Section 414(p) of the Code and Section 206(d}(3) of ERISA. 2. Participation Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: Joseph J. Chwastyk Address: 107 East Main Street, Shiremanstown, Pennsylvania 17011 Social Security Number: 202-30-7246 Birthdate: March 9, 1941 Participant's Attorney Information: Name of Attomey: Shane B. Kope, Esquire Address: 4660 Trindle Road, Suite 201, Camp Hill, PA 17011 Phone: (717) 761-7573 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Altemate Payee: is: Name: Janice L. Mclaren Address: 3809 Bellows Drive, Camp Hill, PA 17011 Social Security Number: 387-44-2999 Birthdate: October 18,1943 Alternate Payee's Attorney Information: Name of Attorney: Pamela L. Purdy, Esquire Address: 115 Pine Street, Suite 100, Harrisburg, PA 17101 Phone: (717) 221-8303 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. , 4. Plan Name: The name of the Plan to this Order applies is the GPU Nuclear, Inc. Employee Pension Plan (hereinafter "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject tot the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, where liability for benefit accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject tot the terms of this Order. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Altemate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For ProvisIon of Marital Property Rights: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Court dated July 3, 2006. 7. Amount of Alternate Payee's Benefit Based on a "Percentage" of Partlclpanfs Accrued Benefit: From the benefits otherwise payable to the Participant each month, this Order assigns to Altemate Payee 50% of each such monthly payment, commencing on the date of receipt of this Order by the Plan Administrator and continuing to the Alternate Payee until the earlier to occur of her death or the Participant's death. In addition to the above, the Alternate Payee shall receive a pro-rata share of any post-retirement cost of living adjustments or other economic improvements made to the Participanfs benefits. Such pro-rata share shall be calculated in the same manner as the , Altemate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. 8. Treatment of the Alternate Payee as Surviving Spouse for Purposes of Determining Qualified (Post-retirement) Joint & Survivor Annuity as Such Term is defined in Section 417 of the Code. In the even thatthe Participant predeceases the Altemate Payee, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of Establishing Altemate Payee's entitlement to receipt of this monthly post-retirement survivor annuity. This designation applies to any post-retirement survivor annuity benefits that may become payable under the Plan in the event of the Participant's death. The Alternate Payee shall be treated as a surviving spouse of such Participant for purposes of any and all post-retirement surviving spouse annuity benefit that become payable under the Plan, and any subsequent spouse of the Participant shall not be treated as a spouse of the Participant for such purposes. In the event of death of the Participant, and for purposes of calculating the monthly benefit. Alternate Payee shall receive 100% continuation under the Automatic Post- Retirement Surviving Spouse Election. 9. Death of Alternate Payee: Om the event the Altemate Payee predeceases the Participant, the Altemate Payee's portion of Participant's benefits, as stipulated herein, shall revert to the Participant. 10. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or , c) to require the payment of any benefits to the Alternate Payee that are , required to be paid to another alternate payee under another order that was previously deemed to be a QORO. 11. Certification of Necessary Information: All payment made pursuant to this Order shall be conditioned on the certification by the Altemate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 12. Continued Qualified Status of Order: It is the intention of the parties that this QORO continue to qualify as a QDRO under Section 414(p) ofthe Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified statue of the Order at the time benefits become payable hereunder. 13. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402(a)(1) and 72 of the Intemal Revenue Code, any Altemate Payee who is the spouse or former spouse of the Participant shall be treated as the distribute of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 14. Continued Jurisdiction: The Court shall retain jurisdiction with respect this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 15. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to the Altemate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by . the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will retum that portion to the Plan, which in turn, will pass that portion on to the other Party. BY THE COURT: t2.../...... 7" ,h()"' ttL J. Date: ~r)~ ~~ o , , RECEIVED AUG 2 9 Z006 BY: ~ 0', JANICE L. CHWASTYK n/k/a, JANICE L. MCLAREN, Petitioner v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 JOSEPH j. CHWASTYK, Respondent CIVIL ACTION - LAW IN DIVORCE ORDER OF COI,IRT AND NOW, this ~. day of If" flv.J v , 2006, upon presentation and consideration of the foregoing Petition, 'it is HEREBY ORDERED that: (1) a Rule is issued upon the Respondent to show cause why the Petitioner is not entitled to the relief requested; (2) the Respondent shall file an Answer to the Petition within Z-o days of this date; (3) the Petition shall be decided under Pa.R.C.P.206.7; (4) depositions shall be completed within ~S- days ofthis date; (5) argument shall be held on (t,h:i. 6U. , 200~ ind Courtroom 'f of the Cumberland County Courthouse; - (6) notice of the entry of this Order shall be provided to all parties by the Petitioner. 9/d1JQ,tn. BY THE COURT: J. .'" '{.. .j; " 1..';/: " i) ,-~ }\!l-: I r,'<' )1";',1 :1;1 .1' '. i "1 "~,, 5 " ;:(1 V1N\ti\lASNN',:1d '''lln~,.~ '", "y '"",'~,'.^!nr\ I\.l. ~; ~I"" ''-'''-:- :~;, 'i, .J S \ :g I~V 1- d3S 900l Al:JV10NCrilOdd 3Hl :l0 381:]:1C,'0311:-1 J5L ..."\ h ,':\ " in :);" -' " 1. .d,1 ./' .~, KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA '.is. NO. 05-4830 JOSEPHJ.CHWASTYK Defendant. CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW APPEARANCE Petitioner, Shane B. Kope, petitions this Court for leave to withdraw as counsel for Defendant, Joseph J. Chwastyk, in the above-captioned matter and in support thereof avers as follows: 1. This action was initially commenced by Divorce Complaint filed by the Plaintiff on September 16, 2005. 2. The parties came to an agreement as to the distribution of the marital assets and an Order of Court was issued by this Honorable Court on July 3, 2006. 3. A Divorce Decree was then issued on August 8, 2006. 4. Plaintiff filed a Petition for Contempt of Court on or about August 24, 2006 for the Defendant's failure to act in accordance with the Order of Court dated July 3, 2006. . .' 5. Defendant has been extremely uncooperative in the handling of this matter. He does not return phone calls and is extremely hard to get in contact with. Petitioner has only recently been able to contact the Defendant by phone and during this conversation the Defendant made it clear to the Petitioner that he is no longer interested in retaining the Petitioner as counsel. 6. There is argument on the Petition for Contempt scheduled for October 26, 2006 at 9:00 am in Courtroom 4 of the Cumberland County Court of Common Pleas. WHEREFORE, petitioner requests that this Court grant his Petition for leave to withdraw as counsel for Defendant. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: SHANE B.KOPE . # 92207 466 Suite 201 Camp Hill, PA 17011 (717) 761-7573 Date: crJ,~(, CERTIFICATE OF SERVICE I, Shane B. Kope, Esquire, hereby certify that on September 18, 2006, I served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 (Attorney for Plaintiff) Respectfully Submitted, By: Shane B. Ko 660 Trindle R ad SUI Camp Hill, PA 17011 (717) 761-7573 o c: -..y ~-~,., ~Il\:i;: ?~, t...J.J ;;.( .. ~c ~~~- (i~~) j> (~- ":::"-;7 ~~ ~ g; (/) rn -0 N - -0 ~ <i! <:::) \..0 ~ ~ rt'~ -00 ::0 .I... AU .::j -II l_ -,-1 (:J (') Zq1 ()' ..--I ~ 1,...... ._._--.,..,.-.'~'".'''-'';:--_.''-''' \ , ,\ I I SEP 2 2 2006 \ , \ L'_'c.""L~._.--..-"-' .;.,....- ~ KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQUIRE ATTORNEY I.D. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@kopelaw.com Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-4830 JOSEPH J. CHWASTYK Defendant. CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 1-1 day of ~__, 2006, upon consideration of the Petition of Defendant's counsel for leave to withdraw, and in the absence of any objection or reply, it is hereby ORDERED that the appearance of Shane B. Kope, Esquire, as counsel for Defendant, may be withdrawn upon the filing of a Praecipe by counsel with the Prothonotary . BY THE COURT: /)} J. FlLEi)-Cif~;'(:'r: OF THE !'T~';RY 20060CT-3 en [:143 .- KOPE & ASSOCIATES, LLC BY: SHANE B. KOPE, ESQ. Attorney 1.0. 92207 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 sbkope@comcast.net Attorney for Defendant JANICE L. CHWASTYK n/kla JANICE L. MCLAREN Plaintiff, vs. JOSEPHJ.CHWASTYK Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4830 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOARY: Please enter counsel for Defendant Joseph Chwastyk's voluntary withdrawal in the above captioned matter per the Order dated October 3, 2006 of this Honorable Court. Respectfully Submitted, K '" - . CERTIFICATE OF SERVICE " Shane B. Kope, do hereby certify that on this the 10th day of October, 2006, I served a true and correct copy of the foregoing Praecipe to Withdraw as Counsel via regular U.S. First Class mail, postage prepaid, addressed as follows: Pamela L. Purdy, Esquire 115 Pine Street, Suite 100 P.O. Box 11544 Harrisburg, PA 17108 KOPE & ASSOCIATES, LLC 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 t-..) C:~ ':;":7J (..:;.... c) ~rl o C"'. --, cr. '"'v r"'J JANICE L. CHW ASTYK n/k/a JANICE L. MCLAREN, Plaintiff vs. JOSEPH J. CHW ASTYK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05-4830 CIVIL IN RE: PETITION FOR CONTEMPT OF COURT ORDER DATED JULY 3, 2006 ORDER AND NOW, this 2.. T' day of October, 2006, following hearing thereon, the petition of the plaintiff is GRANTED and judgment is entered in favor of the plaintiff and against the defendant in the total amount of $500.00, representing a past due amount from the defendant's pension, together with counsel fees. ~mela L. Purdy, Esquire For the Plaintiff Aseph J. Chwastyk 107 East Main Street Shiremanstown, P A 17011 :rlm BY THE COURT, .IlJ ~ Vi!\P/Ali\Si'-Jf\!3d I jl\'n",-, " '-'-"\'(,'1"'\ /\..Lt"-Ji :C.':..' ',t """'.~/ H I~J +j 0 :6 l!~ at: 130 900l AbV10i\!GI;tOCJd 3Hl ;jO 3~)lj,:l.C+"-Qjlj:i . '- Pamela L. Purdy Attorney ID No. 85783 115 Pine Street, Suite 100 PO Box 11544 Harrisburg. PA 17108 (717) 221-8303 (717) 221-8403 facsimile plpurdv@verizon.net Attorney for Plaintiff JANICE L. CHWASTYK n/kla JANICE L. McLAREN Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-4830 Civil Term v. JOSEPH J. CHWASTYK, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter judgment in the amount of $500.00 pursuant to the Order of Court dated October 27, 2006 in the above-ca~a2 : pamela:ed~ Dated: 11- 3-06 Attorney for Defendant J , CERTIFICATE OF SERV, The undersigned hereby certifies that on the 3. day of November, 2006 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Joseph J. Chwastyk 107 East Main Street Shiremanstown, PA 17011 Pamela L. Purdy (:) 4 t p ~ ~ 0 ~ 0 - \} t )oJ n f'o-.) - ..c. -J (;'::::;:J ~ C C':::l c;;;r.. t1 VJ r- 4-..': r C) -.,.;::: ..c. J ""-..J ~ -.) ~ 2;; (-) QI --f-- rTl r --L. Q ~ r.Jl U1