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Home My WebLink About05-5385 THOMAS O. GOULD ATTOIUlEY FOR PLAINTIFF I.O. . 36508 2 EAST MAIN STREET SHlREMANSTOWN, PA 17011 (717) 731-1461 MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. U;. 53~S- CIVIL TERM IN DIVORCE JOSEPH P. MIKOTTIS, DEFENDANT NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. when the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE QE AVAILABILITY QE COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ,- NO. tJ5-.53?5 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Michele R. Mikottis who resides at 140 Nealy Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Joseph P. Mikottis who resides at 140 Nealy Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 8, 1984 in Altoona, Wisconsin. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. There were two children born of this marriage: Brian J. Mikottis, born February 28, 1985 and Matthew P. Mikottis, born January 14, 1991. 8. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. ~o.~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. \. \. Date:~ ~J,j)~ )f ~' Michele R. Mikottis ~ st ~ () ~, C e::) () ~ ~~-;;:" -" <;,...11 c.:, :--;i #' c:. h'lF --, :;~,~ ~ .1" 1. ~ , ji ~ ~ ~ .,..- ~ f, ': T'- G.> ;-=::1 ~ =< <..n :Jj Q.. -' -< ~ " 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to divide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. 4. AUTOMOBILES The parties are the owners of various vehicles. Wife is to become the sole owner of the (' he v 'f . Wife shall be responsible for all insurance, maintenance, repairs, costs, fees, liens and other expenses related to her vehicle. Wi fe shall indemnify and hold Husband harmless for all liability and expenses related to her vehicle. Husband is to be the sole owner of the ~rYi Husband shall be responsible for all costs, insurance, fees, liens and other expenses related to his vehicle. Husband shall indemnify and hold Wife harmless for all liability and expenses related to his vehicle. 5. DIVISION OF REAL PROPERTY The parties are the owners of 140 Nealy Road, Newville, Cumberland County, Pennsylvania. Husband desires to keep the former marital home and he shall refinance the mortgage and pay Wife $40,000.00 for her equitable interest in the former marital home and other marital assets. Upon receipt of her $40,000.00, Wife shall transfer all her right and interest in the real estate to Husband through a Deed prepared by Wife's attorney. Husband shall assume full responsibility for all maintenance, taxes and until he refinances the mortgage, the payment of the existing mortgages and notes. If Husband is unable to refinance the marital home and pay Wife $40,000.00 within 30 days, the marital home shall be sold and Wife shall receive $40,000.00 from the net proceeds of the sale. Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. 6. PENSION/RETIREMENT Husband and Wife shall maintain their separate pension and/or retirement accounts, if any. Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts and Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts. 2 ., 7. MARITAL DEBTS Husband and Wife accumulated joint marital debt during their marriage. Husband shall be responsible for all joint marital, except for Wife's vehicle, if any, and all debts solely in his name, specifically including the medical bills and the marital home debts. Wife shall be responsible for all marital debts solely in her name, specifically including the MBNA credit card account. 8. FILING OF IRS RETURN Husband and Wife agree to file a joint tax return in 2005 and separate tax returns in all subsequent years. Husband shall be solely responsible for any 2005 deficiency and any refund for the 2005 tax year will be equally shared. 9. SUPPORT/ALIMONY/ALIMONY PENDENTE LITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 10. DIVORCE Wife has filed a complaint in divorce docketed at 2005 - 5385 in the Cumberland County Court of Common Pleas. The parties agree to cooperate with each other in obtaining a final divorce of the marriage. Each party, upon expiration of the mandatory 90-day waiting period (1/16/06), shall sign the documents necessary to complete the divorce. It is agreed that the parties shall execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. The terms and conditions of this agreement shall be bidding on the parties in any divorce action and shall survive the issuance of the decree in Divorce. Each party shall be responsible for their respective attorney fees and costs. 11. INCORPORATION INTO DIVORCE DECREE This agreement is to be incorporated, not merged, into any subsequent Decree in Divorce. 12. CONTINUED COOPERATION The parties agree that they will wi thin fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, titles, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 3 13 . BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 14 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party agrees that he/she has provided a full and fair disclosure of all material issues related to their marriage and subsequent divorce. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 15. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 16. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 17. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 4 .' 18 . PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 19. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 21 . APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals .it:!fe/aS) iad()h - //'-I7-tJ-I Date Witness I ( -/7 -(]5 Date . . '1tJ&d& ''1( 'I/lJ~' Michele R. Mikottis 5 " }U; 0)- )' 36'{ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this /, day of fJoU and between Joseph P. Mikottis, Jr., (hereinafter "Husband") and Michele R. Mikottis, (hereinafter "Wife") . , 2005, referred to referred to by as as WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on December 8, 1984; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, two children was born of this marriage, Brian J. Mikottis, born February 28, 1985 and Matthew P. Mikottis, born January 14, 1991; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each party hereto completely understand and agree that neither shall do nor say anything to the children of the parties at any time which might in any way influence the children adversely against the other party. 1 .' Commonwealth of pennsylvania: County of C u.W\ 6e,...I""o( : ss PERSONALLY APPEARED BEFORE ME, this 17 day of this}Jeo ~e-t1IlaGR, 2005, a notary public, in and for the Commonwealt:Cl of Pennsylvania, Joseph P. Mikottis~~known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. !L~ (Ja Notary Public COMMONWEALTH OF PENNSYLVANIA . Notarial Se!al Ml HoII ~O/a Roelke, Notmy Public Y pnngs BofO Cumh.-and C MyCom '. ' ~, ounly miSSIOn EXpires Nov. 21. 2007 Member Penn I . . sy vania Association Of Notaries Commonwealth of Pennsylvania: : ss County of CI......W\... her-I... Ad : PERSONALLY APPEARED BEFORE ME, this n day of this }J(lue'=Nlbe-r,- 2005, a notary public, in and for the Commonwealth of Pennsylvania, Michele R. Mikottis, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. u~(~ Notary Public COMMONWEALTH OF PENNSYLVANIA Natalial Seal Viola RoelkE!, Notary Public Mt. HoUy Springs 80ro, Cumberland County My Commission Expires Nov. 21,2007 6 Member. PennsylvaniC:1 Association Of Notaries (j r-> 0 = c;;:, = -n =' -u ('. '- ~ nl I """ m :IJ Z ::e r'- -~ " (n -",,'.. (..) ::JC ~) C> () .L :;;: t. :.~C> -f; """ ~~B ;z _. :x v , .,i'" ':.~ ~5 <<,.~ ~:.< .;;:- .r:- -< MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 05385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: I-;)<j-()C . (l 7/lJdk! ell :~ Y/Y~ MICHELE R. MIKOTTIS (") s; <. ""0('( ITlr; h;? 65~_~- -<... ~~~. ~,.'_. :~~~;; ~ "" = = c:.... S?, =j'1-" m-. -uF;; ~"J9 (:~(~ ~;?:~~: , , ..::( ?6 ."" '- "'" :z w o ",. :J:: ..,... ..J:"" MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 05385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. I acknowledge that pursuant to Rule 1920.42 (e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1~19~Ob .f~ MIKOTTIS n S [B~p S~1~~. E~~(,. :.;...,.., .r'o" .1> C'-:' :"=i -< -- --- "" = = 0' <- ;>> Z (.,) o o -n s:!-n n'F "ljtn 'r,,? ~;~~-;~ ~~~ ~rn -O.! .J.-..... ~ ~ .... .r:- ~-"~ MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 05385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: /-;)Lj-(jG , ,?/!/~/CJ~ )f '-fJt~. MICHELE R. MIKOTTIS 2 :::.; .......,. '~~':.:' ......u. 11-: ;:~", ....,"'..., ~~. ~."" -, ':5.;- ~; (~~ ~ r-> "" = <f" <- ".. ;Ie W c:> ~ Q. ...... ~1: -n rn~ --arT; .,00 <2,(:; ':t. ';?:~ , , ~::'':'t 1) .< ;;:- .,- MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 05385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33011c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: J - I 9 .- 0 ~ Jp~' '2 :.:or -vI.:> rj"~ r';- -~ .-" ~:: ~:~, :~< ,,'.--' Pc~_ ;:':~ ::2 ~ = o~ <- ,.,., :;.;::: c....' o """" :> - - ~ .-4 :r>n l'"fl~ :go .., L (,.. L) ::::I.+"i', _\_-n ..~~ '.~::"_{") tsrn -.\ ~ '-" .r::- ;;.~ --- ------ ------- MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - Cl5385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph P. Mikottis, accept service of the Divorce Complaint in the above captioned matter. Dated: /(1- 17- ()S- MikOfu,~ Road PA 17241 .--------- (') gJ~ ~:-f "!) .~" r'~~ .- ,.."~ .->' ~> ;oor'- 2:'" :;J "-> C';;:) = ,or- <- :>>- :a::: w o """ ::G: o -n ..... ::r::~ n1 -0 :'19 ;~() -"j3i ...0 ;::jf"tl .... ?D .< r- "'- MICHELE R. MIKOTTIS, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005 - 05385 CIVIL TERM JOSEPH P. MIKOTTIS, DEFENDANT IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry or a divorce decree: 1. Ground ror divorce: irretrievable breakdown under Section 3301(c) or the Divorce Code. 2. Date and manner of se.cvice of the complai.nt: On October 17, 2005 by Acceptance of Service. 3. Date or execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By Plaintiff, January 24, 2006; By Defendant, January 19, 2006. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in S 3301(c) divorce was filed with the Prothonotary on January 30, 2006. Date Defendant's Waiver of Notice in g 3301(c) divorce was filed with the Prothonotary on January 30, 2006. ~M9>, :i.~ Thomas D. Gould, Esquire Attorney For Plaintiff o ~ , -ocr l1;c::: ~)-, -<" ~.~ l~I,. ~i; ,'~- ~f;_ 2:' =< ....., = = "" <- > z o ...., --I ::r:." m-' ~ -on, ".:)0 (),j;, ::::.! ~r', '~~1~ ~-~ ~ w o = --;.~ -" - J..-;- +.+.+.+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + . . "'Of Of + + '" + Ot':+:+. . . . .. . .. . . . .. +.+.+. ;Ii+.+. +.+.:+::+ . +:+::t;+.:+:+.++. + . + . . + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. MICHELE R. MIlWTTIS, Plaintiff No. CIVIL 2005-05385 VERSUS JOSEPH P. MIKOTTIS, Defendant DECREE IN DIVORCE AND NOW, \~ ~, IT IS ORDERED AND 3',\ DECREED THAT MICHELE R. MIKOTTIS , PLAINTIFF, AND JOSEPH P. , DEFENDANT, MIKOTTIS ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO.fq IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~Oke.. THE MARRIAGE SETTLEMENT AGREEMENT DATED NOVEMBER 17, 2005 IS HEREBY INCORPORATED INTO THIS DECREE IN J. PROTHONOTARY +.+. +. +.:+:+.:+:+.+ ++++ :+: +:t' 'I' +'1'+ "'+++++'1'++++++++ ++ ? +. ",;to +.++. + . . . + . . + . . . . . . . + . + . + . . . . . . + . + . . + . . . . . . . . . + . + . . . . . . . . + . . . . . + . . . . . . + . . . . . + . . . . . . + . . . . + . . . . . ./ .pI1'1;! /f/."'Vi '7-'1-.. /jP".,;r#Y J'/Y'"''''''' n . ~/ / /\/ ! .(' - .__' _"". .<..__,e, ,____