HomeMy WebLinkAbout05-4995JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIIA-
NO.
CIVIL ACTION -LAW
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 in 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
marriage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, Cumberland County Courthouse, One
Courthouse Square, 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 ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE
MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES
THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea
defenderse de las demandas que se presentan mds adelante en las siguientes pdginas, debe
tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta
Demanda y Aviso radicando personalmente o por medio de un abogado una
comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes
a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de
tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo
por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o
remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin
mds aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes
para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO
INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A
LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION
A CERCA DE COMO CONSEGUIER UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN
ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER
INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN
CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
JAMES MICHAEL MOLNAR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. U S- ?4 C C-) c
MARY LYNNE MOLNAR, CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. The Plaintiff is James Michael Molnar, an adult individual currently
residing at 108 East Marble Road, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
2. The Defendant is Mary Lynne Molnar, an adult individual residing at
515 West Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 17055.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on August 4, 1997, in Las Vegas,
Nevada.
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. This action is not collusive.
7. Plaintiff and Defendant separated on or about May 1, 2005.
8. The causes of action and sections of the Divorce Code under which
Plaintiff is proceeding are:
A. Section 3301(c) -The marriage of the parties is irretrievably
broken.
B. Section 3301(d) - The marriage of the parties is irretrievably
broken. The parties separated on or about May 1, 2005.
9. Plaintiff has been advised of the availability of marriage counseling
and understands that he may request that his spouse and he participate in counseling.
10. Plaintiff does not request that the Court require that his spouse and he
participate in counseling prior to a divorce decree being handed down by this Court.
WHEREFORE, Plaintiff respectfully requests this Honorable Court enter
a final decree in divorce.
COUNTI
EQUITABLE DISTRIBUTION
11. Paragraphs one through ten are incorporated herein by reference.
12. During their marriage, Plaintiff and Defendant have acquired various
items of marital property, both real and personal, which are subject to equitable
distribution under Sections 3501 et.se . of the Divorce Code of 1980.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
equitably distribute all marital property, both real and personal, owned by the parties.
Date: :? L C Respectfully submitted,
THE LAW OFFICES OF
SILLIKER & 4I I IOu
Kristin Reinho d, Esc
5922 Linglestown Road
Harrisburg, PA 17112
(717) 671-1500
I.D. No. 57911
Attorney for James Michael Molnar
AFFIDAVIT
ct fA EJ VY,\ hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities.
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JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4995
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Melissa P. Crreevy, Esquire, attorney of record for the Defendant, Mary
Lynne Molnar, hereby certify that I accept servic on her beha of a Complaint in
Divorce in the above-captioned matter on 9' , 2005, by first-
class mail, postage prepaid.
C/
Date:
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JAMES MICHAEL MOLNAR, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : No. 05-4995
MARY LYNNE MOLNAR, CIVIL ACTION -LAW
Defendant IN DIVORCE
INVENTORY OF JAMES MICHAEL MOLNAR
Plaintiff files this inventory of all property owned or possessed by either
party at the time this action was commenced and all property transferred within the
preceding three years.
Plaintiff verifies that the statements made in this inventory are true and
correct. Plaintiff understands that false statements herein are subject to the penalties of
18 Pa. C. S. § 4904 relating to unworn falsification to authorities.
Jichael Molnar
ASSETS OF THE PARTIES
Plaintiff marks on the list below the items applicable to the case at bar and
itemizes the assets on the following pages.
(x) 1. Real Property
(x) 2. Motor Vehicles
O 3. Stocks, bonds, securities and options
O 4. Certificates of Deposit
(x) 5. Checking accounts, cash
(x) 6. Savings accounts, money market and savings certificates
(} 7. Contents of safe deposit boxes
O 8. Trusts
O 9. Life insurance policies (indicate face value, cash surrender value
and current beneficiaries)
O 10. Annuities
O 11. Gifts
O 12. Inheritances
O 13. Patents, copyrights, inventions, royalties
() 14. Personal property outside the home
O 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
O 16. Employment termination benefits-severance pay, Workers' Compensation
claim/award
O 17. Profit sharing plans
(x) 18. Pension plans (indicate employee contributions and date plan vests)
(x) 19. Retirement plans, Individual Retirement Accounts
O 20. Disability payments
O 21. Litigation Claims (matured and unmatured)
O 22. Military/V.A. benefits
O 23. Education benefits
O 24. Debts due, including loans, mortgages held
O 25. Household furnishings and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute)
O 26. Other
MARITAL PROPERTY
Plaintiff lists all marital property in which either or both spouses have a
legal or equitable interest individually or with any other person as of the date this action
commenced.
Item Number Description of Property Name of Owners
I. Marital home Husband and Wife
108 East Marble Road
Mechanicsburg, PA 17055
2. Janus Fund Account number Husband and Wife
306164965
3. TIAA-CREF Mutual Fund Husband and Wife
number 42655654
4. PSERS Retirement Husband
5. 2003 Ford Escape Husband
6. Teacher's Retirement System Husband
of State of Illinois
7. Checking Account Husband and Wife
Savings Account Husband and Wife
Value as of Date
Action Commenced
$135,000
$102,178.07 first mtg.
(12/13/05)
$19,291.39 second
mtg.(11/23/05)
$8.58 (3/31/05)
$104.30 (3/31/05)
value unknown
$12,500 (current)
auto loan $10,160.52
(11/29/05)
value unknown
(Five years marital,
Six years pre-marital)
approximately $10.00
approximately $6.00
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable
interest which is claimed to be excluded from marital property:
Item Number Description of Property Reason for Exclusion
Janus Worldwide fund IRA Pre-marital
Teacher's Retirement System of State of Illinois Six years pre-marital
Prudential Investment Plan Pre-marital
PROPERTY TRANSFERRED
Item Number Description of Property Date of Transfer Consideration Person to Whom
Transferred
None
LIABILITIES
Item Number Description of Property
Name of all Name of all Amount owed as
Creditors Debtors of date Action
Commenced
I. Credit card USAA Savings Husband $11,342.80
Bank (5/23/05)
2. Line of credit American Express Husband $12,69231
(5/11/05)
3. Credit card Capital One Husband $2,877.08
(5/19/05)
4. Credit card MBNA Husband $9,247.27
(4/23/05)
5. Auto loan Americhoice Husband $10,160.52
(11/29/05)
6. First mortgage PHH Mortgage Husband and Wife $102,178.07
(12/13/05)
7. Second mortgage Americhoice Husband and Wife $19,291.39
(11/23/05)
8. Credit card Discover Wife unknown
9. Line of Credit Americhoice Husband $4,686.57
(11/29/05)
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JAMES MICHAEL MOLNAR, : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4995
MARY LYNNE MOLNAR, CIVIL ACTION -LAW
Defendant : IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
James Michael Molnar, Plaintiff, moves the Court to appoint a Master
with respect to the following claims:
(x) Divorce
() Annulment
() Alimony
() Alimony Pendente Lite
(x) Distribution of Property
() Support
() Counsel Fees
() Costs and Expenses
And in support of the Motion states:
1. Discovery is complete as to claims for which the appointment of
Master is requested.
2. The Defendant (x) has ( ) has not appeared in the action
() personally (x) by her attorney, Melissa P. Greevy, Esquire.
3. The statutory ground(s) for divorce (is)(are):
23 P.S. § 3301 (c) and § 3301 (d).
4. Delete the inapplicable paragraph(s):
The action is coUtested with respect to the following
claims: Equitable Distribution
5. The action () involves (x) does not involve complex issues of law
or fact.
6. The hearing is expected to take one day.
7. Additional information, if any, relevant to the motion: N/A
Date:
AND NOW, this , 2008,
hereby appointed Master with respect to the following claims:
BY THE COURT:
J.
Distribution:
Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112
Melissa P. Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043
, Esquire, is
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INCOME AND EXPENSE STATEMENT OF JAMES MICHAEL MOLNAR
JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
INCOME:
Employer:
Address:
Type of Work:
Payroll Number:
Date: ?2 1 a 10
No. 05-495
Harrisburg School District
2101 North Front Street
Harrisburg, PA 17110
Special Education Teacher
Pay Period (weekly, bi-weekly, etc.): Bi-weekly
Gross pay per pay period: $2,46731
Itemized Payroll Deductions:
Federal Withholding: $233.92
Social Security: $156.49
Local Wage Tax: $42.91
State Income Tax: $77.49
Retirement: $190.64
Savings Bonds: $
Credit Union: $
Life Insurance: $
Medical PPO $17.81
Medicare $36.60
Domestic Relations $530.77
Net Pay per pay period: $1,225.69
EXPENSES:
Taxes
Income
Insurance
Homeowners
Automobile
Life
Accident
Health
Other
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs
(glasses, braces,
Weekly Monthly Yearly
$200.00 $2,400.00
$50.00 $600.00
$25.00 $300.00
orthopedic devices) $16.67 $200.00
Education
Private School
Parochial School
College
Personal
Clothing
Food
Barber/Hairdresser
Credit Payments
$25.00 $300.00
$130.00 $1,560.00
$15.00 $180.00
(all minimum pmts)
MSAA $259.00 $3,108.00
PSEA $80.00 $960.00
Bank of America $100.00 $1,200.00
Bank of America $305.00 $3,660.00
Ameri rise
HSBC $260.00
$60.00 $3,120.00
$720.00
U Front $139.00 $1,668.00
EXPENSES:
Week Monthly Yearly
(fill in appropriate column)
Credit Union
Loans
Americhoice line of
credit $97.00 $1,164.00
Miscellaneous:
Household help
Child Care
Papers/Books
Magazines
Entertainment
Pay Television
Vacation
Gifts
Legal Fees
Charitable Contributions
Other Child Support
Spousal Support
Other:
$12.50 $150.00
$5.00 $60.00
$120.00 $1,440.00
$70.00 $840.00
$41.67 $500.00
$41.67 $500.00
$250.00 $3,000.00
$16.66 $200.00
$1,150.00 $13,800.00
Totals: $5,556.71 $66,680.42
TOTAL EXPENSES:
AFFIDAVIT
1, James Michael Molnar, hereby certify that the aforegoing is true and correct to the best of my knowledge
information, and belief. I understand that false statements herein are made subject to the penaffies
of 18 Pa.C.S. 4909 relating to unsworn falsification to authorities.
Dated: .2- V ,
es Michael Molnar
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6. The hearing is expected to take one day.
7. Additional information, if any, relevant to the motion: N/A
Date: 01 /'D
AND NOW, this cog , 2008, -,Esquire, is
hereby appointed Master with respect to the following claims:
BY THE COURT:
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Distribution:
Kristin R. Reinhold, Esquire, 5922 Linglestown Road, Harrisburg, PA 17112
? Melissa P. Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043
313108
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Johnson, Duffle, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
IN DIVORCE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary 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 THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4995 CIVIL TERM
CIVIL ACTION - LAW
Johnson, Duffie, Stewart & Weidner
By: Melissa Peel Greevy
I.D. No. 77950
301 Market Street
P. O. Box 109
Lemoyne, Pennsylvania 17043-0109
(717) 761-4540
JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
Attorneys for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05-4995 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ANSWER AND COUNTERCLAIM
AND NOW, comes the Defendant, Mary Lynne Molnar, by and through her attorneys,
Johnson, Duffie, Stewart & Weidner, and files the following Answer and Counterclaim to
Plaintiff's Complaint in Divorce:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. This averment is a conclusion of law to which no response is required.
9. Denied. Defendant is without sufficient knowledge to form a response as to the
Plaintiff's knowledge.
10. Admitted.
COUNTI
EQUITABLE DISTRIBUTION
11. No response required.
12. Admitted.
COUNTERCLAIM
ALIMONY
13. Defendant incorporates by reference the allegations and answers set forth in
Paragraphs 1 through 12 inclusive, of the Answer and Counterclaim, as if the same were set
forth herein at length.
14. Defendant has chronic medical problems, significant prescription expenses, and
subsists on Social Security Disability and is therefore unable to support herself in the manner to
which she has become accustomed in the marriage.
15. Defendant receives approximately $800.00 per month in Social Security
Disability Benefits, after her contribution for medicare premiums.
16. Plaintiff has a net income of more than $3,800.00 per month and is therefore well
able to pay Defendant alimony.
17. Defendant requires reasonable alimony to adequately maintain herself in
accordance with the standards of living established during the marriage.
WHEREFORE, Defendant respectfully requests the Court to enter an award of alimony
in her favor pursuant to Section 3701 of the Divorce Code.
COUNSEL FEES. COSTS AND EXPENSES
18. Defendant incorporates by reference the allegations and answers set forth in
Paragraphs 1 through 17 inclusive, of the Answer and Counterclaim, as if the same were set
forth herein at length.
19. Defendant has retained an attorney to represent her in this action and has
agreed to pay a reasonable fee.
20. Defendant is not financially able to meet the expenses and costs involved in
connection with this action, or the fees to which her attorney will be entitled in this case.
21. Defendant anticipates expenses for a pension actuary and a real estate
appraiser.
22. Reserving the right to apply to the Court for temporary counsel fees, costs and
expenses prior to final hearing, Defendant requests that after final hearing, the Court order the
Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses.
WHEREFORE, the Defendant respectfully requests that your Honorable Court enter an
award of counsel fees, costs and expenses as are deemed reasonable and appropriate.
Respectfully submitted,
JOHNS , DUFFIE, STEWART & WEIDNER
Date: April 8, 2008 A; Lt"1,
Melissa Peel Greevy
260155
VERIFICATION
1, Mary Lynne Molnar, verify that the statements made in this Answer and Counterclaim
are true and correct to the best of my knowledge, information and belief. I understand that
false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating
to unsworn falsification to authorities.
Date: `•zl`?Q
CERTIFICATE OF SERVICE
AND NOW, this _L?day of April, 2008, the undersigned does hereby certify that she
did this date serve a copy of the foregoing Answer and Counterclaim upon the other parties of
record by causing same to be deposited in the United States Mail, first class postage prepaid, at
Lemoyne, Pennsylvania, addressed as follows:
Kristin R. Reinhold, Esquire
5922 Linglestown Road
Harrisburg, PA 17112
JOHNS DU FIE, STEWART & WEIDNER
By:
Melissa Peel Greevy
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JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 05-4995 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 22, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made 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 falsifications to authorities.
Date: lO (1b (QMP.-
J Michael Molnar
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JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: No. 05-4995 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:- VO ?`T"' gJsichael Molnar
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JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-4995 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on September 22, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken, and
ninety days have elapsed since the date of filing and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after service of
notice of intention to request entry of the decree.
I verify that the statements made 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 falsifications to authorities.
Date: 4Mary o11n
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JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 05-4995 CIVIL TERM
CIVIL ACTION -LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
I . I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the Decree will be sent to me immediately after it
is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:. - r
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65-
q945-MARRIAGE SETTLEMENT AGREEMENT
By and between
JAMES MICHAEL MOLNAR
- AND -
MARY LYNNE MOLNAR
Dated: 0miLp'k- / A 2008
INDEX
PAGE
1.
2.
3.
4.
5. Divorce and Separation ................................................................
Division of Property .....................................................................
Lump Sum Payment .....................................................................
Income Tax Prior Returns ............................................................
Execution of Additional Documents ............................................ 4
4
6
7
7
6.
7.
8.
9.
10.
11. Transfers Subject to Liens ............................................................
Complete Listing of Property .......................................................
Equitable Distribution of Property ...............................................
Relinquishment of Ownership ......................................................
After-Acquired Property ...............................................................
Debts ............................................................................................. 8
8
8
9
9
9
12. Bankruptcy .................................................................................... 11
13.
14. Health Insurance ...........................................................................
Alimony and Support ................................................................... 12
13
15.
16.
17. Unreimbursed Medical Expenses .................................................
Full Disclosure ..............................................................................
Releases ........................................................................................ 14
14
14
18. Waiver of Beneficiary Designation .............................................. 15
19.
20.
21.
22.
23.
24.
25.
26.
27.
28. Indemnification .............................................................................
General Provisions ........................................................................
Fair and Equitable Contents .........................................................
Breach ...........................................................................................
Independent Separate Covenants ..................................................
Void Clauses .................................................................................
Execution of Documents ..............................................................
Applicable Law .............................................................................
Non-Merger ..................................................................................
Disclosure and Waiver of Procedural Rights ............................... 15
16
16
17
17
17
18
18
18
18
29.
30.
31. Tax Advice ...................................................................................
Legal Fees ....................................................................................
Representation of Parties ..............................................................
Signature Page .............................................................................. 19
20
20
20
Acknowledgement Page ............................................................... 21
2
MARRIAGE SETTLEMENT AGREEMENT
AGREEMENT MADE this day of , 2008, by
and between James Michael Molnar -AND- Mary Lynne Molnar, at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on August 4, 1997, at Las Vegas, Nevada.
WHEREAS, diverse and unhappy differences, disputes and difficulties
have arisen between the parties and it is the intention of Husband and Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and personal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on May 1, 2005.
NOW9 THEREFORE, in consideration of the aforegoing premises and of
the mutual promises, covenants and undertakings hereinafter set forth and for other good
and valuable consideration, receipt of which is hereby acknowledged by each of the
parties, Wife and Husband, each intending to be legally bound hereby, covenant and
agree as follows:
3
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by the other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife agree that the following
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclusive property of
Husband:
1. Husband shall retain any pension plans and/or retirement
plans and/or employee stocks or savings plans, and/or 401 K plans
and/or any and all other employment benefits, which he has
accumulated during the course of his past or present employment.
Specifically, Husband shall be entitled to his Pennsylvania State
Employees' Retirement System pension and his Teachers'
Retirement System of the State of Illinois pension.
4
2. The parties acknowledge they are owners by the entireties
of real estate located at 108 East Marble Road, Mechanicsburg,
Cumberland County, Pennsylvania, which functioned as the
marital residence. The parties further acknowledge a first
mortgage in the approximate amount of One Hundred Two
Thousand Dollars ($102,000.00) which is held solely in Husband's
name, and a second mortgage which is held in both parties' names
in the approximate amount of Nineteen Thousand Dollars
($19,000.00) at the time of the parties' separation. The parties
hereby agree that Husband shall be entitled to possession and
ownership of the marital home. The parties further agree and
acknowledge that Husband has refinanced the second mortgage
obligation and Wife's name has been removed from the mortgage.
The parties agree that Wife shall execute a Quit-Claim Deed
conveying to Husband all of her right, title, and interest to said
property contemporaneously with the execution of this Agreement.
3. Husband shall be entitled to the trade-in value in the
amount of Seven Hundred Forty Dollars ($740.00) relative to the
2003 Ford Escape.
4. Husband shall be entitled to possession and ownership of
the TIAA-CREF mutual fund account with an approximate present
value of One Hundred Thirty Dollars ($130.00)
5
5. Husband shall be entitled to the balances of any and all
checking and savings accounts held in his name alone.
B. The following shall become the sole and exclusive property of Wife:
1. Wife shall retain any pension plans and/or retirement plans
and/or employee stocks or savings plans, and/or 401K plans and/or
any and all other employment benefits, which she has accumulated
during the course of her past or present employment.
2. Wife shall be entitled to the balance of the Janus Fund
account number 306164965.
3. Wife shall be entitled to the balances of any and all
checking and savings accounts held in her name alone.
C. All personal property in the possession of each party as of the date of
execution of this Agreement shall remain the sole and separate property of each party
respectively.
D. The parties acknowledge that they have each made to the other a full
accounting of their respective assets, estate, liabilities, and other sources of income and
based thereon they mutually agree that the property listed above constitutes the entire
marital property.
3. Lumn Sum Payment. In consideration of the terms and
conditions set forth in this Agreement, and as further equitable distribution of the marital
property, Husband shall pay to Wife the sum of Twenty Four Thousand Dollars
($24,000.00), to be paid within three days of Husband's counsel's receipt of the Marriage
6
Settlement Agreement, Quit-Claim Deed, Affidavit of Consent, and Waiver of Notice
signed by Wife.
This payment by Husband to Wife is in consideration of the terms and
conditions set forth in this Agreement. Husband and Wife specifically provide that these
payments are non-taxable payments to Wife, and shall not be included in the income of
Wife.
4. Income Tax Prior Returns. The parties have heretofore filed
joint federal and state tax returns. Both parties agree that in the event any deficiency in
federal, state or local income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and any interest, penalty
and expense incurred in connection therewith. Such tax, interest, penalty or expense shall
be paid solely and entirely by the individual who is finally determined to be the cause of
the misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns. In the event that any additional taxes, penalties or
interest are assessed as a result of a mathematical error or some other reason not related
to a party's under-reporting of income or claiming any improper deduction, such
additional liability shall be divided equally between the parties.
5. Execution of Additional Documents. The parties agree to each
sign Affidavits of Consent and Waivers of Notice contemporaneously with the execution
of this Agreement. The parties agree to execute any deeds, assignments, titles or other
instruments necessary and appropriate to accomplish the aforesaid division of property.
7
6. Transfers Subject to Liens. Notwithstanding any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such property agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
7. Complete Listing of Property. The parties represent and warrant
to each other that the property described in this Agreement represents all of the property
in which they have any right, title and interest, and that such property is subject to no
mortgage, pledge, lien, security interest, encumbrance or charge except those which are
disclosed herein.
8. Equitable Distribution of Property. By this Agreement, the
parties have intended to effect an equitable distribution of their jointly owned property.
The parties have determined that an equitable division of such property conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introduction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
9. Relinquishment of Ownership. Except as provided herein,
Husband forever relinquishes any right or interest he may now or hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes any right or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acquired Property. Each of the parties shall hereafter own
and enjoy independently of any claim or right of the other, all items of property, be they
real, personal or mixed, tangible or intangible, which are hereafter acquired by him or
her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
11. Debts.
A. Husband and Wife agree to be responsible for the joint debts of
the parties as follows: Wife shall be solely liable for the balance on her Discover credit
card. Husband shall be solely responsible for the balances on the USAA Savings Bank
account in the amount of Eleven Thousand Three Hundred Forty-Two Dollars and Eighty
Cents ($11,342.80) as of May 23, 2005; the American Express account in the amount of
Twelve Thousand Six Hundred Ninety-Two Dollars and Thirty-One Cents ($12,692.31)
as of May 11, 2005; the CapitalOne account in the amount of Two Thousand Eight
Hundred Seven-Seven Dollars and Eight Cents ($2,877.08) as of May 19, 2005; the
MBNA account in the amount of Nine Thousand Two Hundred Forty-Seven Dollars and
Twenty-Seven Cents ($9,247.27) as of April 23, 2005; the AmeriChoice account in the
amount of Ten Thousand One Hundred Sixty Dollars and Fifty-Two Cents ($10,160.52)
as of November 29, 2005; and the AmeriChoice line of credit in the amount of Four
9
Thousand Six Hundred Eighty-Six Dollars and Fifty-Seven Cents ($4,686.57) as of
November 29, 2005. Husband shall also be solely liable for the balance on the PHH first
mortgage and the AmeriChoice second mortgage relative to the marital residence as more
fully set forth in Paragraph 2(A)(2) of this Agreement.
Husband covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold Wife for any of the debt set forth herein above,
Husband will at his sole expense, defend Wife against any such claim or demand,
whether or not well-founded, and that he will indemnify and hold harmless Wife in
respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably incurred in investigating
or attempting to avoid same or in opposing the imposition thereof or enforcing this
indemnity, resulting to Wife.
Wife covenants and agrees that if any claim, action or proceeding is
hereinafter initiated seeking to hold Husband for any of the debt set forth herein above,
Wife will at her sole expense, defend Husband against any such claim or demand,
whether or not well-founded, and that she will indemnify and hold harmless Husband in
respect of all damages as resulting therefrom. Damages as used herein shall include any
claim, action, demand, loss, cost, expense, penalty, and other damage, including without
limitation, counsel fees and other costs and expenses reasonably incurred in investigating
or attempting to avoid same or in opposing the imposition thereof or enforcing this
indemnity, resulting to Husband.
10
B. All debts, contracts, obligations or liabilities incurred at any
time in the past or future by either party will be paid promptly by said party, unless and
except as otherwise specifically set forth in this Agreement; and each of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and save harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and demands. Neither party
shall, as of the date of this Agreement, contract nor incur any debt or liability for which
the other or his or her property may be responsible, and shall indemnify and save
harmless the other from any and all claims or demands made against him or her by reason
of debts or obligations incurred by him or her and from all expenses, legal costs, and
counsel fees unless provided to the contrary herein.
12. Bankruptcy or Reorganization Proceedings. The parties further
warrant that they have not heretofore instituted any proceedings pursuant to the
bankruptcy laws nor are there any such proceedings pending with respect to them which
have been initiated by others. It is stipulated and agreed by the parties that the terms of
this Agreement as they resolve the economic issues between the parties incidental to their
divorce and the obligations of the parties to each other resulting therefrom shall not be
dischargeable in bankruptcy, should either party file for protection under the Bankruptcy
Code at any time after the date of execution of this Agreement.
The payments called for in this Agreement are not intended to be a debt
which is affected by a discharge in bankruptcy and the terms of this Agreement are not
11
subject to discharge in bankruptcy because the parties acknowledged that such are
necessary for the parties to meet their financial obligations and to support and maintain
their standard of living as well as that of the parties' children. The parties acknowledge
that there are not bankruptcy proceedings presently pending and they agree not to file a
bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged
in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either
party files for bankruptcy, this Agreement shall constitute conclusive evidence of the
parties' intent that the obligations in the nature of maintenance and support are not
dischargeable under current bankruptcy law or under any amendment thereto. Further, if
either party institutes any action in bankruptcy or any other bankruptcy proceeding is
instituted in which a party's right to have payments made by the other becomes a matter
for judicial review, the parties agree to consent to any motion filed by the other with the
bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from
deciding the dischargeability of said obligation and any other obligations to said party
thereunder in order to allow the appropriate Court of Common Pleas to rule upon this
issue.
13. Health Insurance. The parties mutually agree that Husband shall
maintain Wife on his health insurance through his employment at Harrisburg School
District until a Divorce Decree is issued by a Court of Law.
12
14. Alimony and Support. The parties acknowledge that pursuant to
the Domestic Relations Order dated July 21, 2005, docket number 00361 S 2005,
PACSES case number 392107322, in the Court of Common Pleas of Cumberland
County, Husband pays to Wife the sum of One Thousand One Hundred Twenty Five
Dollars ($1,125.00) per month for spousal support plus Twenty Five Dollars ($25.00) per
month on arrearages. The parties agree that Wife's entitlement to spousal support shall
terminate upon the entry of a Decree in Divorce. Upon entry of a Decree in Divorce, and
for a period of eighty-four (84) months thereafter, Husband shall pay to Wife the sum of
One Thousand Fifty Dollars ($1,050.00) per month for her separate support and
maintenance. Husband's obligation for support under this paragraph shall terminate in
the event of the death of either party or Wife's remarriage or cohabitation. Wife hereby
agrees to terminate the existing Support Order, effective upon the entry of the Decree in
Divorce, and to enter a new Order for alimony, payable through Cumberland County
Domestic Relations Office, in accordance with the provisions of this paragraph, to be
effective upon the entry of the Decree in Divorce. The parties further agree that any and
all outstanding arrearages shall remain due and payable in accordance with the terms of
the Spousal Support Order, and that Husband shall continue to be wage attached.
The parties agree that the entire amount of alimony being paid to Wife
pursuant to this paragraph is a separate maintenance payment intended to be included
with the income of Wife within the meaning of Section 71 of the United States Internal
Revenue Code of 1954, and deductible from Husband's gross income pursuant to the
provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife
13
agrees that all said payments shall be included as income to Wife on her applicable tax
returns.
The parties agree that this alimony provision takes into account the
parties' overall economic circumstances including the equitable distribution of property
herein and so shall not be subject to modification by any court.
15. Unreimbursed Medical Eanenses. The parties acknowledge that
there currently are unreimbursed medical expenses due under the terms of the current
Spousal Support Order dated July 21, 2005. The parties hereby agree that Husband shall
pay to Wife his proportionate share of unreimbursed medical expenses within 90 days of
the execution of the Marriage Settlement Agreement.
16. Full Disclosure. The respective parties do hereby warrant,
represent and declare that he and she have made a full and complete disclosure to the
other of all assets of any nature whatsoever in which such party has an interest and any
further enumeration or statement thereof in this Agreement is specifically waived. Each
party agrees that he or she shall not at any future time raise such a defense or otherwise
the lack of such disclosure in any legal proceeding involving this Agreement with the
exception of disclosure that may have been fraudulently withheld.
17. Releases. Each party does hereby remise, release, quitclaim and
forever discharge the other and the estate of the other from any and every claim that each
other may now have, or hereafter have or can have at any time, against the other, or in
and to or against the other's estate, or any part thereof, whether arising out of any former
contracts, engagements or liabilities of the other, or by way of dower or claim in the
14
nature of dower, widow's rights, or under the intestate laws, or the right to take against
each other's will, or for support or maintenance, or of any other nature whatsoever,
except any rights accruing under this Agreement or as otherwise stated in this Agreement.
18. Waiver of Beneficiary Designation. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit
or like program carrying a beneficiary designation which belongs to the other party under
the terms of this Agreement, including, but not limited to, pensions and retirement plans
of any sort or nature, deferred compensation plans, life insurance policies, annuities,
stock accounts, bank accounts, final pay checks or any other post-death distribution
scheme, and each party expressly states that it is his and her intention to revoke by the
terms of this Agreement any beneficiary designations naming the other which are in
effect as of the date of execution of this Agreement. If and in the event the other party
continues to be named as beneficiary and no alternate beneficiary is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
19. Indemnification. Each party represents and warrants to the other
that he or she has not incurred any debt, obligation, or other liability, other than described
in this Agreement, on which the other party is or may be liable. Each party covenants
and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold
the other party liable for any other debts, obligations, liability, act or omission of such
party, such party will at his or her sole expense, defend the other against any such claim
or demand, whether or not well-founded, and that he or she will indemnify and hold
15
harmless the other party in respect of all damages as resulting therefrom. Damages as
used herein shall include any claim, action, demand, loss, cost, expense, penalty, and
other damage, including without limitation, counsel fees and other costs and expenses
reasonably incurred in investigating or attempting to avoid same or in opposing the
imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any
inaccurate representation made by or on behalf of either Husband or Wife to the other in
this Agreement, any breach of the warranties made by Husband or Wife to the other in
this Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to
give the other prompt written notice of any litigation threatened or instituted against
either party which might constitute the basis for a claim for indemnity pursuant to the
terms of this Agreement.
20. General Provisions. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior agreements and negotiations
between them. There are no representations or warranties other than those expressly set
forth herein.
21. Fair and Equitable Contents. The provisions of this Agreement
and their legal effect have been fully explained to the parties by their respective counsel.
Each party acknowledges that he or she has received independent legal advice from
counsel of his or her selection and that each fully understands the facts and has been fully
informed as to his or her legal rights and obligations. Each party acknowledges and
accepts that this Agreement is, under the circumstances, fair and equitable, and that it is
16
being entered into freely and voluntarily after having received such advice and 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.
22. Breach. It is expressly stipulated that if either party fails in the
due performance of any of his or her material obligations under this Agreement, the other
party shall have the right, at his or her election, to sue for damages for breach thereof, to
sue for specific performance, or to seek any other legal remedies as may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
23. 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.
24. 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.
17
25. Execution of Documents. Each party shall on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
26. Applicable Law. This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania.
27. Non-Merger. This Agreement shall not merge with any
subsequent decree in divorce between the parties but shall survive such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be entered with respect to the
parties, but shall not be deemed to have been merged with such Decree.
28. Disclosure and Waiver of Procedural Rights. Each party
understands that he or she has the right to obtain from the other party a complete
Inventory or list of all property that either or both parties own at this time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand that they have the right to
have court held hearings and make decisions on the matters covered by this Agreement.
Both parties understand that a court decision concerning the parties' respective rights and
obligations might be different from the provisions of this Agreement.
Each party acknowledges that this Agreement is fair and equitable, that it
adequately provides for his or her needs and is in his or her best interests, and that the
Agreement is not the result of any fraud, duress, or undue influence exercised by either
18
party upon the other or by any other person or persons upon either party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appraisement of all marital
and non-marital property as defined by the Pennsylvania Divorce Code.
b. The right to obtain an Income and Expense Statement of the other
party as provided by the Pennsylvania Divorce Code.
C. The right to have property identified and appraised.
d. The right to discovery as provided by the Pennsylvania Rules of
Civil Procedure.
e. The right to have the Court determine which property is marital
and which is non-marital, and equitably distribute between the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to be that party's non-
marital property.
f. The right to have the Court decide any other rights, remedies,
privileges, or obligations covered by this Agreement and/or arising out of
the marital relationship, including but not limited to possible claims for
divorce, child or spousal support, alimony, alimony pendente lite,
equitable distribution, custody, visitation, and counsel fees, costs and
expenses.
29. Tax Advice. Both parties hereto hereby acknowledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax implications of this
19
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they have been advised, by their
respective attorneys, to seek their own independent tax advice by retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with reference to the tax
implications involved in this Agreement. Further, the parties acknowledge and agree that
their signatures to this Agreement serve as their acknowledgement that they have read
this particular paragraph and have had the opportunity to seek independent tax advice.
30. Legal Fees. Husband and Wife hereby agree to be solely
responsible for his or her respective legal fees, costs, and expenses.
31. Representation of Parties. The parties have mutually worked out
the terms of this Marriage Settlement Agreement. Husband has been represented by
Kristin R. Reinhold, Esquire. Wife has been represented by Melissa P. Greevy, Esquire.
IN WITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above written.
r, ? r
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Wi ess 1V1aiy L , eM?61fiar
'
J s Michael Molnar
20
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF SS:
On this day of ° , 2008, before me Subscriber, a
Notary Public, for the Commonweal of Pennsylvania, came Mary Lynne Molnar,
known to me or satisfactorily proven to be the Wife in the aforegoing Marriage
Settlement Agreement.
ary Ly e1?. ar '
Witness my hand and Notarial seal, the day and year aforesaid.
AAI?AFfNMXTH OF MNNSYLVANIA
Notarial Seal
Robert J. Reese, Notary Public
Slkw Spring Twp., Cumberland County
My Commission Expires Aug. 10. 2012 Notary Pub&1v
li
Member, Pennsylvania Association or Notaries
My Commission Expires:
????//?
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this I' day of , 2008, before me Subscriber, a
Public, for the Commonwealth of Pennsylvania, came James Michael Molnar, -OCA)faer known to me or satisfactorily proven to be the Husband in the aforegoing Marriage
Settlement Agreement.
qesepsl
Michael Molnar
Witness my hand and Notarial seal, the day and year aforesaid.
SOMMMALTH F PEN t
NOTARIAL SEAL
Renee Drelsbach, Notary P+ubb o Public
Lower Paxton Twp. DAUCIn n2Q ?'
Commission Ex lres Nov. My Commission Expires:
21
JAMES MICHAEL MOLNAR,
Plaintiff
VS.
MARY LYNNE MOLNAR,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 05 - 4995 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this
I IitA,
day of ,
2008, the economic claims raised in the proceedings having been
resolved in accordance with a marriage settlement agreement
dated October 16, 2008, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
cc: ? Kristin R. Reinhold
Attorney for Plaintiff
? Melissa P. Greevy
Attorney for Defendant
n
1
Edgar Bayley, P.,J.
co
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MARMAGE SETTLEMENT AG
By and between
JAMES MICHAEL MOLNAR
- AND -
MARY LYNNE MOLNAR
Dated: t A -i,MW-r- / h 12008
t ?
INDEX
1. Divorce and Separation ...........................................
2. Division of Property ................................................
3. Lump Sum Payment ................................................
4. Income Tax Prior Returns .......................................
5. Execution of Additional Documents .......................
6. Transfers Subject to Liens .......................................
7. Complete Listing of Property ..................................
8. Equitable Distribution of Property ..........................
9. Relinquishment of Ownership .................................
10. After-Acquired Property ..........................................
11. Debts ........................................................................
12. Bankruptcy ...............................................................
13. Health Insurance ......................................................
14. Alimony and Support ..............................................
15. Unreimbursed Medical Expenses ............................
16. Full Disclosure .........................................................
17. Releases ...................................................................
18. Waiver of Beneficiary Designation .........................
19. Indemnification ........................................................
20. General Provisions ...................................................
21. Fair and Equitable Contents ....................................
22. Breach ......................................................................
23. Independent Separate Covenants .............................
24. Void Clauses ............................................................
25. Execution of Documents .........................................
26. Applicable Law ........................................................
27. Non-Merger .............................................................
28. Disclosure and Waiver of Procedural Rights ..........
29. Tax Advice ..............................................................
30. Legal Fees ...............................................................
31. Representation of Parties .........................................
Signature Page .........................................................
Acknowledgement Page ..........................................
PAGE
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2
MARRIAGE SETTLEMENT
AGREEMENT MADE this day of 6111f , 2008, by
and between James Michael Molnar -AND- Mary Lynne Molnar, at Harrisburg,
Pennsylvania.
WHEREAS, the parties hereto are husband and wife, having been married
on August 4, 1997, at Las Vegas, Nevada.
WHEREAS, diverse and unhappy differences, di putes and difficulties
have arisen between the parties and it is the intention of Husbanand Wife to live
separate and apart for the rest of their natural lives, and the parties desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: settling of all matters between them
relating to the ownership and equitable distribution of real and p rsonal property; settling
of all matters between them relating to the past, present and future support, alimony
and/or maintenance of Wife by Husband or Husband by Wife; d in general, the settling
of any and all claims and possible claims by one against the other or against their
respective estates. The parties separated on May 1, 2005.
NOW, THEREFORE, in consideration of the ai
the mutual promises, covenants and undertakings hereinafter set
and valuable consideration, receipt of which is hereby acknowle
parties, Wife and Husband, each intending to be legally bound h
agree as follows:
?ing premises and of
and for other good
by each of the
, covenant and
3
' 1, 1
1. Divorce and Separation. The parties agree to the entry of a
decree in divorce pursuant to Section 3301(c) of the Divorce Co a of 1980. Husband and
Wife shall at all times hereafter have the right to live separate and apart from each other
and to reside from time to time at such place or places as they shall respectively deem fit,
free from any control, restraint, or interference whatsoever by th? other. Neither party
shall molest the other or endeavor to compel the other to cohabit or dwell with him or her
l
by any legal or other proceedings. The foregoing provision shall not be taken to be an
admission on the part of either Husband or Wife of the lawfulne s or unlawfulness of the
cause leading to their living apart. A reconciliation will not void the provisions of this
Agreement.
2. Division of Property. Husband and Wife
constitutes an equitable distribution of the marital property:
A. The following shall become the sole and exclu
Husband:
agree that the following
property of
1. Husband shall retain any pension pans and/or retirement
plans and/or employee stocks or savings pans, and/or 401K plans
and/or any and all other employment bene its, which he has
accumulated during the course of his past or present employment.
Specifically, Husband shall be entitled to his Pennsylvania State
Employees' Retirement System pension d his Teachers'
Retirement System of the State of Illinois ension.
4
r 1
2. The parties acknowledge they are owners by the entireties
of real estate located at 108 East Marble Road, Mechanicsburg,
Cumberland County, Pennsylvania, which functioned as the
marital residence. The parties further acknowledge a first
mortgage in the approximate amount of O?e Hundred Two
Thousand Dollars ($102,000.00) which is held solely in Husband's
name, and a second mortgage which is held in both parties' names
in the approximate amount of Nineteen Thousand Dollars
($19,000.00) at the time of the parties' separation. The parties
hereby agree that Husband shall be entitle to possession and
ti;
ownership of the marital home. The par
s further agree and
acknowledge that Husband has refinanced the second mortgage
obligation and Wife's name has been rem ved from the mortgage.
The parties agree that Wife shall execute a Quit-Claim Deed
conveying to Husband all of her right, title and interest to said
property contemporaneously with the execution of this Agreement.
3. Husband shall be entitled to the tr a-in value in the
amount of Seven Hundred Forty Dollars (1740.00) relative to the
2003 Ford Escape.
4. Husband shall be entitled to possession and ownership of
the TIAA-CREF mutual fund account with an approximate present
value of One Hundred Thirty Dollars ($130.00)
5
5. Husband shall be entitled to the ba lances of any and all
checking and savings accounts held in his name alone.
B. The following shall become the sole and exclu sive property of Wife:
1. Wife shall retain any pension pl and/or retirement plans
and/or employee stocks or savings plans, a nd/or 401K plans and/or
any and all other employment benefits, wh ich she has accumulated
during the course of her past or present em ployment.
2. Wife shall be entitled to the balanc e of the Janus Fund
account number 306164965.
3. Wife shall be entitled to the balanc s of any and all
checking and savings accounts held in her name alone.
C. All personal property in the possession of each . party as of the date of
execution of this Agreement shall remain the sole and separate pr operty of each party
respectively.
D. The parties acknowledge that they have each ade to the other a full
accounting of their respective assets, estate, liabilities, and other, ources of income and
based thereon they mutually agree that the property listed above onstitutes the entire
marital property.
3. Lump Sum Payment. In consideration o the terms and
conditions set forth in this Agreement, and as further equitable distribution of the marital
property, Husband shall pay to Wife the sum of Twenty Four Thousand Dollars
($24,000.00), to be paid within three days of Husband's counsel' receipt of the Marriage
6
Settlement Agreement, Quit-Claim Deed, Affidavit of Consent, nd Waiver of Notice
i
signed by Wife.
This payment by Husband to Wife is in consideration of the terms and
conditions set forth in this Agreement. Husband and Wife specifically provide that these
payments are non-taxable payments to Wife, and shall not be inckuded in the income of
Wife.
4. Income Tai Prior Returns. The parties lave heretofore filed
joint federal and state tax returns. Both parties agree that in the vent any deficiency in
federal, state or local income tax is proposed, or any assessment ?f any such tax is made
against either of them, each will indemnify and hold harmless th? other from and against
any loss or liability for any such tax deficiency or assessment
and expense incurred in connection therewith. Such tax, v
be paid solely and entirely by the individual who is finally
the misrepresentations or failures to disclose the nature and
income on the aforesaid joint returns. In the event that any
any interest, penalty
penalty or expense shall
to be the cause of
of his or her separate
iti nal taxes, penalties or
interest are assessed as a result of a mathematical error or some
to a party's under-reporting of income or claiming any improper
additional liability shall be divided equally between the parties.
5. Execution of Additional Documents. '
sign Affidavits of Consent and Waivers of Notice contemporar
of this Agreement. The parties agree to execute any deeds, assi
instruments necessary and appropriate to accomplish the afore:
reason not related
such
parties agree to each
sly with the execution
titles or other
io division of property.
7
6. Transfers Subject to Liens. Notwiths ing any other
provisions in this document all property transferred hereunder is subject to the existing
lien or liens set forth above. The respective transferee of such p perty agrees to
indemnify and save harmless the other party from any claim or liability that such other
party may suffer or may be required to pay on account of such lien or encumbrance.
7. Complete Listing of Property. The part
to each other that the property described in this Agreement repr(
in which they have any right, title and interest, and that such pro
mortgage, pledge, lien, security interest, encumbrance or charge
disclosed herein.
8. Equitable Distribution of Property. By
parties have intended to effect an equitable distribution of their j
The parties have determined that an equitable division of such
represent and warrant
all of the property
is subject to no
those which are
Agreement, the
owned property.
conforms to a just
and right standard, with due regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or exchange
of assets, and the division is being effectuated without the introd ction of outside funds
or other property not constituting a part of the marital estate. It is the intention of the
parties to treat all transfers of property herein as non-taxable.
8
9. Relinquishment of Ownership. Except provided herein,
Husband forever relinquishes any right or interest he may now o hereafter have in any
assets now belonging to Wife, and Wife forever relinquishes an right or interest she may
now or hereafter have in any assets now belonging to Husband.
10. After-Acquired Property. Each of the p ies shall hereafter own
and enjoy independently of any claim or right of the other, all ite s of property, be they
real, personal or mixed, tangible or intangible, which are hereaft r acquired by him or
her, with full power in him or her to dispose of the same as fully d effectively, in all
respects and for all purposes as though he or she were unmarried
11. Debts.
A. Husband and Wife agree to be respons ble for the joint debts of
the parties as follows: Wife shall be solely liable for the balance n her Discover credit
card. Husband shall be solely responsible for the balances on the USAA Savings Bank
account in the amount of Eleven Thousand Three Hundred Forty4wo Dollars and Eighty
Cents ($11,342.80) as of May 23, 2005; the American Express
Twelve Thousand Six Hundred Ninety-Two Dollars and Thi
as of May 11, 2005; the CapitalOne account in the amount of Tw
Hundred Seven-Seven Dollars and Eight Cents ($2,877.08) as of
MBNA account in the amount of Nine Thousand Two Hundred F
Twenty-Seven Cents ($9,247.27) as of April 23, 2005; the Ameri
amount of Ten Thousand One Hundred Sixty Dollars and Fifty-T
as of November 29, 2005; and the AmeriChoice line of credit in t
)unt in the amount of
[e Cents ($12,692.31)
Thousand Eight
lay 19, 2005; the
rty-Seven Dollars and
hoice account in the
ro Cents ($10,160.52)
e amount of Four
9
Thousand Six Hundred Eighty-Six Dollars and Fifty-Seven Cen
November 29, 2005. Husband shall also be solely liable for the
mortgage and the AmeriChoice second mortgage relative to the
fully set forth in Paragraph 2(A)(2) of this Agreement.
Husband covenants and agrees that if any claim,
hereinafter initiated seeking to hold Wife for any of the debt set
Husband will at his sole expense, defend Wife against any such
whether or not well-founded, and that he will indemnify and ho
respect of all damages as resulting therefrom. Damages as used
claim, action, demand, loss, cost, expense, penalty, and other day
limitation, counsel fees and other costs and expenses reasonably
or attempting to avoid same or in opposing the imposition
indemnity, resulting to Wife.
Wife covenants and agrees that if any claim,
($4,686.57) as of
on the PHH first
residence as more
n or proceeding is
herein above,
or demand,
harmless Wife in
in shall include any
including without
in investigating
or enforcing this
or proceeding is
hereinafter initiated seeking to hold Husband for any of the debt set forth herein above,
Wife will at her sole expense, defend Husband against any such c?aim or demand,
whether or not well-founded, and that she will indemnify and
respect of all damages as resulting therefrom. Damages as used
claim, action, demand, loss, cost, expense, penalty, and other da
limitation, counsel fees and other costs and expenses reasonably i
or attempting to avoid same or in opposing the imposition
indemnity, resulting to Husband.
harmless Husband in
in shall include any
including without
in investigating
enforcing this
10
B. All debts, contracts, obligations or liab lities incurred at any
time in the past or future by either party will be paid promptly b said party, unless and
except as otherwise specifically set forth in this Agreement; and ach of the parties hereto
further promises, covenants and agrees that each will now and at all times hereafter save
harmless and keep the other or his or her estate indemnified and Ove harmless from all
debts or liabilities incurred by him or her, as the case may be, and from all actions, claims
and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and
counsel fees whatsoever pertaining to such actions, claims and
shall, as of the date of this Agreement, contract nor incur any d
the other or his or her property may be responsible, and shall u
harmless the other from any and all claims or demands made a
of debts or obligations incurred by him or her and from all
counsel fees unless provided to the contrary herein.
12.
warrant that they have not heretofore instituted any proceedings
bankruptcy laws nor are there any such proceedings pending with
have been initiated by others. It is stipulated and agreed by the p?
this Agreement as they resolve the economic issues between the
lands. Neither party
or liability for which
nnify and save
ist him or her by reason
;s, legal costs, and
0. The parties further
arsuant to the
respect to them which
rties that the terms of
arties incidental to their
divorce and the obligations of the parties to each other resulting erefrom shall not be
dischargeable in bankruptcy, should either party file for protectio under the Bankruptcy
Code at any time after the date of execution of this Agreement.
The payments called for in this Agreement are not ntended to be a debt
which is affected by a discharge in bankruptcy and the terms of th ?s Agreement are not
II
subject to discharge in bankruptcy because the parties
that such are
necessary for the parties to meet their financial obligations and t support and maintain
their standard of living as well as that of the parties' children. a parties acknowledge
that there are not bankruptcy proceedings presently pending and they agree not to file a
bankruptcy action prior to the completion of their respective obligations pursuant to this
Agreement. Furthermore, any debt addressed in this Agreement hall not be discharged
in a bankruptcy action filed by or on behalf of one of the parties ereto. Also, if either
parry files for bankruptcy, this Agreement shall constitute conclu ive evidence of the
parties' intent that the obligations in the nature of maintenance d support are not
dischargeable under current bankruptcy law or under any amen ent thereto. Further, if
either party institutes any action in bankruptcy or any other b ptcy proceeding is
instituted in which a party's right to have payments made by the Other becomes a matter
for judicial review, the parties agree to consent to any motion file by the other with the
bankruptcy courts, wherein the party may request that the bankru tcy courts abstain from
deciding the dischargeability of said obligation and any other obli ations to said party
thereunder in order to allow the appropriate Court of Common PI as to rule upon this
issue.
13. Health Insurance. The parties mutually a ee that Husband shall
maintain Wife on his health insurance through his employment at arrisburg School
District until a Divorce Decree is issued by a Court of Law.
12
14. Alimony and SnunorL The parties ackn' wledge that pursuant to
the Domestic Relations Order dated July 21, 2005, docket num r 00361 S 2005,
PACSES case number 392107322, in the Court of Common Pleas of Cumberland
County, Husband pays to Wife the sum of One Thousand One Hundred Twenty Five
Dollars ($1,125.00) per month for spousal support plus Twenty ive Dollars ($25.00) per
month on arrearages. The parties agree that Wife's entitlement t spousal support shall
terminate upon the entry of a Decree in Divorce. Upon entry of Decree in Divorce, and
for a period of eighty-four (84) months thereafter, Husband shall ay to Wife the sum of
One Thousand Fifty Dollars ($1,050.00) per month for her separ to support and
maintenance. Husband's obligation for support under this paragr ph shall terminate in
the event of the death of either party or Wife's remarriage or coh bitation. Wife hereby
agrees to terminate the existing Support Order, effective upon the entry of the Decree in
Divorce, and to enter a new Order for alimony, payable through umberland County
Domestic Relations Office, in accordance with the provisions of 's paragraph, to be
effective upon the entry of the Decree in Divorce. The parties er agree that any and
all outstanding arrearages shall remain due and payable in accor ce with the terms of
the Spousal Support Order, and that Husband shall continue to be wage attached.
The parties agree that the entire amount of alimony being paid to Wife
pursuant to this paragraph is a separate maintenance payment inte ded to be included
with the income of Wife within the meaning of Section 71 of the m ed States Internal
Revenue Code of 1954, and deductible from Husband's gross income pursuant to the
provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife
13
agrees that all said payments shall be included as income to Wif? on her applicable tax
returns.
The parties agree that this alimony provision
parties' overall economic circumstances including the equitable
herein and so shall not be subject to modification by any court.
15. Unreimbursed Medical Expenses. The p
there currently are unreimbursed medical expenses due under the
Spousal Support Order dated July 21, 2005. The parties hereby
pay to Wife his proportionate share of unreimbursed medical
the execution of the Marriage Settlement Agreement.
16. Full Disclosure. The respective parties do
represent and declare that he and she have made a full and compli
into account the
of property
ies acknowledge that
of the current
that Husband shall
within 90 days of
warrant,
disclosure to the
other of all assets of any nature whatsoever in which such party h an interest and any
further enumeration or statement thereof in this Agreement is spe ifically waived. Each
party agrees that he or she shall not at any future time raise such a defense or otherwise
the lack of such disclosure in any legal proceeding involving this .
exception of disclosure that may have been fraudulently withheld.
17. Releases. Each party does hereby remise,
forever discharge the other and the estate of the other from any a
other may now have, or hereafter have or can have at any time, a
and to or against the other's estate, or any part thereof, whether
contracts, engagements or liabilities of the other, or by way of c
with the
quitclaim and
every claim that each
nst the other, or in
ing out of any former
or claim in the
14
nature of dower, widow's rights, or under the intestate laws, or tl?e right to take against
each other's will, or for support or maintenance, or of any other
except any rights accruing under this Agreement or as otherwise
18. Waiver of Beneficiary Designation. Uri
specifically set forth in this Agreement, each party hereto specifi
beneficiary rights and any and all rights as a surviving spouse in
or like program carrying a beneficiary designation which belong
the terms of this Agreement, including, but not limited to,
of any sort or nature, deferred compensation plans, life insurance
stock accounts, bank accounts, final pay checks or any other post
scheme, and each party expressly states that it is his and her
terms of this Agreement any beneficiary designations naming the
effect as of the date of execution of this Agreement. If and in the
ature whatsoever,
tated in this Agreement.
ss otherwise
ally waives any and all
nd to any asset, benefit
to the other party under
is and retirement plans
policies, annuities,
death distribution
Fion to revoke by the
ther which are in
vent the other party
continues to be named as beneficiary and no alternate beneficiary ?is otherwise
designated, the beneficiary shall be deemed to be the estate of the deceased party.
19. Indemnification. Each party represents an warrants to the other
that he or she has not incurred any debt, obligation, or other liabili ,other than described
in this Agreement, on which the other party is or may be liable. E?ch party covenants
and agrees that if any claim, action or proceeding is hereinafter in#iated seeking to hold
the other party liable for any other debts, obligations, liability, act r omission of such
party, such parry will at his or her sole expense, defend the other a ainst any such claim
or demand, whether or not well-founded, and that he or she will in emnify and hold
15
harmless the other party in respect of all damages as resulting th refrom. Damages as
used herein shall include any claim, action, demand, loss, cost, a pense, penalty, and
other damage, including without limitation, counsel fees and oth r costs and expenses
reasonably incurred in investigating or attempting to avoid same r in opposing the
imposition thereof or enforcing this indemnity, resulting to Husb d or Wife from any
inaccurate representation made by or on behalf of either Husbanor Wife to the other in
this Agreement, any breach of the warranties made by Husband Wife to the other in
this Agreement, or breach or default in performance by Husband r Wife of any of the
obligations to be performed by such party hereunder. The Husb d or Wife agrees to
give the other prompt written notice of any litigation threatened o instituted against
either party which might constitute the basis for a claim for
terms of this Agreement.
20. General Provisions. This Agreement co
understanding of the parties and supersedes any and all prior ag
between them. There are no representations or warranties other
forth herein.
21. Fair and Equitable Contents. The provis
and their legal effect have been fully explained to the parties by ti
Each party acknowledges that he or she has received independent
counsel of his or her selection and that each fully understands the
informed as to his or her legal rights and obligations. Each party
accepts that this Agreement is, under the circumstances, fair and E
ity pursuant to the
tutes the entire
rents and negotiations
n those expressly set
,ns of this Agreement
it respective counsel.
,gal advice from
icts and has been fully
Inowledges and
uitable, and that it is
16
I
being entered into freely and voluntarily after having received
knowledge, and that execution of this Agreement is not the
influence and that it is not the result of any collusion or
agreements.
22. Breach. It is expressly stipulated that if
due performance of any of his or her material obligations under
parry shall have the right, at his or her election, to sue for damal
advice and with such
of any duress or undue
or illegal agreement or
party fails in the
Agreement, the other
for breach thereof, to
sue for specific performance, or to seek any other legal remedies 0 may be available, and
the defaulting party shall pay the reasonable legal fees for any services rendered by the
non-defaulting party's attorney in any action or proceeding to compel performance
hereunder.
23. Independent Separate Covenants. It is s ci ically understood
and agreed by and between the parties hereto that each paragraph ereof shall be deemed
to be a separate and independent Agreement.
24. Void Clauses. If any term, condition, clau a or provision of this
Agreement shall be determined or declared to be void or invalid ' law or otherwise, then
only that term, condition, clause or provision shall be stricken fro this Agreement and
in all other respects this Agreement shall be valid and continue in 1 force, effect and
operation.
17
25. Execution of Documents. Each party sh 1 on demand execute
any other documents that may be necessary or advisable to carry out the provisions of
this Agreement.
26. Applicable Law. This Agreement shall b construed under the
laws of the Commonwealth of Pennsylvania.
27. Non-Mercer. This Agreement shall not erge with any
subsequent decree in divorce between the parties but shall surviv such decree and be
entirely independent thereof. This Agreement shall be incorporated for the purposes of
enforcement only into any Decree in Divorce which may be enter d with respect to the
parties, but shall not be deemed to have been merged with such D cree.
28.
Each party
understands that he or she has the right to obtain from the other p a complete
Inventory or list of all property that either or both parties own at 's time or owned as of
the date of separation, and that each party has the right to have all such property valued
by means of appraisals or otherwise. Both parties understand thatIthey have the right to
have court held hearings and make decisions on the matters coverod by this Agreement.
Both parties understand that a court decision concerning the partie?' respective rights and
obligations might be different from the provisions of this
Each party acknowledges that this Agreement is f ' and equitable, that it
adequately provides for his or her needs and is in his or her best in crests, and that the
Agreement is not the result of any fraud, duress, or undue influenc exercised by either
18
I
party upon the other or by any other person or persons upon eith r party. Both parties
hereby waive the following procedural rights:
a. The right to obtain an Inventory and Appr 'sement of all marital
and non-marital property as defined by the Penns lvania Divorce Code.
b. The right to obtain an Income and Expens Statement of the other
party as provided by the Pennsylvania Divorce Co e.
C. The right to have property identified and a praised.
d. The right to discovery as provided by the nnsylvania Rules of
Civil Procedure.
e. The right to have the Court determine whit property is marital
and which is non-marital, and equitably distribute tween the parties that
property which the Court determines to be marital, and to set aside to a
party that property which the Court determines to that party's non-
marital property.
f. The right to have the Court decide any othe rights, remedies,
privileges, or obligations covered by this Agreeme t and/or arising out of
the marital relationship, including but not limited t possible claims for
divorce, child or spousal support, alimony, alimon pendente lite,
equitable distribution, custody, visitation, and coun el fees, costs and
expenses.
29. Tax Advice. Both parties hereto hereby ac owledge and agree
that they have had the opportunity to retain their own accountants, certified public
accountants, tax advisor, or tax attorney with reference to the tax i plications of this
19
Agreement. Further, neither party has been given any tax advice by their respective
attorneys. Further, both parties hereby acknowledge that they h e been advised, by their
respective attorneys, to seek their own independent tax advice b retaining an accountant,
certified public accountant, tax attorney, or tax advisor, with refe ence to the tax
implications involved in this Agreement. Further, the parties
their signatures to this Agreement serve as their
this particular paragraph and have had the opportunity to seek
30. Legal Fees. Husband and Wife hereby
responsible for his or her respective legal fees, costs, and
31. Representation of Parties. The parties l
the terms of this Marriage Settlement Agreement. Husband has
Kristin R. Reinhold, Esquire. Wife has been represented by Me
IN WITNESS WHEREOF, the parties hereto
seals the day and year first above written.
J
and agree that
that they have read
tax advice.
to be solely
mutually worked out
represented by
i4sa P. Greevy, Esquire.
set their hands and
I { 1 ' .
Molnar
20
r.
W. ess
a
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF
On this gA day of , 2008, bef re me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came M Lynne Molnar,
known to me or satisfactorily proven to be the Wife in the afore ing Marriage
Settlement Agreement.
L
Witness my hand and Notarial seal, the day and
LTN OF PENNSYLVANIA
Notarial Seal
Robert J. Reese, Notary Public
Silver Spring Twp., Cumberland County
My Co mission Mom Aug. 10, 2012 Notary
Member, Pennsylvania Assodation of Notaries
My COmn
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
aforesaid.
Expires: rl.?a //.A.
On this' day of 2008, befor me Subscriber, a
Notary Public, for the Commonwealth of Pennsylvania, came J s Michael Molnar,
known to me or satisfactorily proven to be the Husband in the afo egoing Marriage
Settlement Agreement.
Witness my hand and Notarial seal, the day and
WAL
NOTARIALSEA
um fkabs*4 pNaUry AtMR Notary
Camnisaion P. Navn3o My Con
• 1, { $ , ,
Molnar
aforesaid.
Expires:
21
{? ? C
{}?? u
!??
?? ~?
_?. ?' `J
--- ??
? °?'"?
'? ??
W.' a
JAMES MICHAEL MOLNAR,
Plaintiff
V.
MARY LYNNE MOLNAR,
Defendant
IN THE COURT OF COP
DAUPHIN COUNTY, PE
NO. 05-4995 CIVIL
CIVIL ACTION -LAW
IN DIVORCE
To the Prothonotary:
Transmit the record, together with the following
for entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakd(
(X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applic
2. Date and manner of service of the Compl
2005, by first-class mail.
3. Complete either (a) or (b).
(a) Date of execution of the Affidavit of
Section 3301(c) of the Divorce Code: October 16, 2008 by Plai
by Defendant.
P1 PLEAS
YLVANIA
to the Court
under Section
section.)
September 30,
;nt required by
September 27, 2008
(b) (1) Date of execution of the Plaintiff Affidavit required by
Section 3301(d) of the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit upon the
Defendant:
4. Related claims pending: The Marriage Settlement Agreement
between the parties shall be incorporated, but shall not merge with the final Decree in
Divorce.
H qft
5. Complete either (a) or (b).
(a) Date and manner of service of Notice of Intention to File
Praecipe to Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in §3P 01(c) Divorce was
filed with the Prothonotary: October 17, 2008
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the Prothonotary: October 17, 2008
L
?;a c?sz
" i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
James Michael Molnar
V.
Mary Lynne Molnar NO. 05-4995 Civil Term
DIVORCE DECREE
AND NOW, WdL,,.. 6,r _, 2-4o6 , it is ordered and decreed that
James Michael Molnar , plaintiff, and
Mary Lynne Molnar , defendant, are divorced from the
bonds of matrimony.
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 between the parties shall be incorporated
but shall not merge with the final Decree in Divorce.
By the Court,
J.
frothonotary
67? v :P- v- '
• w..v
v
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 05-4995 CIVIL
State Commonwealth of Pennsylvania OOriginal Order/Notice
Co./City/Dist. Of CUMBERLAND OAmended Order/Notice
Date of Order/Notice 07/01/10 OTerminate Order/Notice
Case Number (See Addendum for case summary) OOne-Time Lump Sum/Notice
RE: MOLNAR, JAMES M.
Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI)
380-72-0828
Employee/Obligor's Social Security Number
HARRISBURG SCHOOL DISTRICT 2036101493
BLDG 2 Employee/Obligor's Case Identifier
2101 N FRONT ST (See Addendum for plaintiff names
HARRISBURG PA 17110 -103 6 associated with cases on attachment)
Custodial Parent's Name (Last, First, Mp
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ o . oo per month in current child support
$ o . oo per month in past-due child support Arrears 12 weeks or greateri' ~s ~ n
$ o.oo per month in current medical support ~Y,{ -: ~
$ o. oo per month in past-due medical support ~?;;~ ~ ~ z~
$ 1, oso. oo per month in current spousal support ~' ~ ~~'
~,:~„ .,.ar7
$ o . oo per month in past-due spousal support -~ < Q' '~=? ~'-:.
~. y- z- -T= -~-'
$ o . oo per month for genetic test costs _ -o -.- -~i
$ o . oo per month in other (specify) ~?' ~~~ =~ ~-.~ ~-~;
$ one-time lump sum payment ~°. ~!
~ u-' ~'
for a total of $ 1, 050.00 per month to be forwarded to payee below. ~ ~
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 242.31 Per weekly pay period. $ s2s . oo per semimonthly pay period
(twice a month)
$ 484.62 per biweekly pay period (every two weeks) $ 1, oso . oo per monthly pay period.
REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10)
working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of
withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work
state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of
the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding,
the following information is needed (See #9 on page 2).
Pennsylvania law (23 PA C.S. $ 4374(b)) requires remittance by an electronic pavment method if an employer is
ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has
a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections
and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE
42 000 00
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PAYMENTS MUST /NCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIA S C UMBE OR TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Albert H. Masland, Judgs
DRO: R.J. Shadday Form EN-028 Rev.S
Service Type M OMBNO.:0970-0154 Worker ID $IATT
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
~ If~hecket) you are required to provide a Gopy of this form to your mployee. If your employee works in a state that is
di Brent TTrom the state that issued this order, a copy must be provi~ed to your emp ogee even if the box is not checked.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this orcler have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee%bligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee%bligor.
3.* Reporting the Paydate/Date of Withholding: You must report the paydateJdate of withholding when sending the payment. The
paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respell to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee%bligoranct you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee%bligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 236003~8~0
THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : ~ THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: O
EMPLOYEE'S/OBLIGOR'S NAME:MOLNAR, JAMES M.
EMPLOYEE'S CASE IDENTIFIER: 2036101493
LAST KNOWN HOME ADDRESS:
LAST KNOWN PHONE NUMBER:
DATE OF SEPARATION:
FINAL PAYMENT AMOUNT•
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee%bligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee%bligorfrorn employment,
refusing to employ, or taking disciplinary action against any employee%bligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of
employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social
Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is
supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is
increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may
deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section.
Arrears greater than 12 weeks : If the Order Information does not indicate whether the arrears are greater than 12 weeks, then the
employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts
allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of
the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the
CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health
care premiums in determining disposable income and applying appropriate withholding limits.
10. Additional info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state
that issued this order with respect to these items.
11. Send Termination Notice and
other correspondence to:
DOMESTIC RELATIONS SECTION
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by Internet www.childsupport.state.pa.us
Page 2 of 2 Form EN-028 Rev.5
Service Type M OMB No.: 0970-0154 Worker I D $ IATT
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: Mor~NAx, JAMES M.
PACSES Case Number 392107322
Plaintiff Name
MARY L. MOLNAR
Docket Attachment Amount
05-4995 CIVIL$ 1,050.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ o.oo
Child(ren)'s Name(s): DOB
Addendum Form EN-028 Rev.5
Service Type M OMB No.:0970-0154 Worker ID $IATT