Loading...
HomeMy WebLinkAbout05-5381 KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW CHAD J. PETROVICH, Defendant. . : 2005. j -3~1 CIVIL TERM : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249.3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - 53 n CIVIL TERM CHAD J. PETROVICH, Defendant. : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO THE DIVORCE CODE AND NOW, comes the Plaintiff, Kimberly A. Petrovich, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Chad J. Petrovich, representing as follows: COUNT I - COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301 (c) and (d) L The Plaintiff is Kimberly A. Petrovich, an adult individual residing at 109 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The Defendant is Chad J. Petrovich, an adult individual currently residing at 109 North Baltimiore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. Plaintiff and the Defendant were married on February 19, 2000, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. ~~ ~~<+O <+O~~~~ ~~~~~~~~~~~~~~~ ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. KIMBERLY A. PETROVICH, No. 2005-5381 Plaintiff VERSUS CHAD J. PETROVICH, Defendant DECREE IN DIVORCE AND NO";~ :;z.b ,~~ IT IS ORDERED AND DECREED THAT KIMBERLY A. PETROVICH , PLAI NTI FF. AND CHAD J. PETROVICH , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~ The Marriage Settlement Agreement dated December 20. 2006 and signed ~~~~~++~~~~~+++~~~~~+~~+~~ ~~+~++~~ /' ~:??/t/ ~ '? /irml !7;;-~P;L, C1 t'! ~/ ?" :to ~>V ~cl r'fJ L () f/ f 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties and for such further relief as your Honorable Court may deem equitable and just. COUNT 11- ALIMONY. ALIMONY PENDENTE LITE AND COUNSEL FEES 8. The allegations of Paragraphs one (1) through ten (10) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 10. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. I L Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an ordering requiring Defendant to pay for Plaintiff's counsel fees, expenses and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. 2 COUNT 11I- EQUITABLE DISTRIBUTION 12. The allegations of Paragraphs one (1) through fourteen (14) of the Divorce Complaint are incorporated herein as if fully set forth above. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as this Court may deem equitable and just. Respectfully submitted, IRWIN & McKNIGHT Dated: October 14,2005 By, :D~ .'# ;t:a Douglas . MIller, EsqUIre Supreme Court 1.0. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Plaintiff 3 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. c;!~^d 4-rvn f~~ KIMBERLY A. PETROVICH Date: October 14, 2005 ~~ - \>' I:) ..;: (/'''' -.. <' "" .,., ") (~ ~ 611 ~ "'" ~ t ~ . . \;) ~~- ~ ~~ c:::" ~ ~ ~ V' CY (-~ ....) 0 c:::> ,~:-~ -n c.," 0 c., - . --1 - -.~~ r;:) , ':--1 1.:." -. :.LJ r" .< . KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - 5381 CIVIL TERM CHAD J. PETROVICH, Defendant. : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Douglas Miller, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the Plaintiff in the captioned action. 2. That a certified copy of the Complaint was served upon the defendant, Chad J. Petrovich, on October 17, 2005, by certified mail, return receipt requested, addressed to Chad J. Petrovich, Synertec Health System Solutions, LLC, 2400 Thea Drive, Harrisburg, Pennsylvania 17106, with return receipt number 7003 3110 0004 5770 7067. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. IRWIN & McKNIGHT Date: /6) t<l J 05 ouglas . Mil er, E quire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Kimberly Petrovich U.S. Postal ServiceTM CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) I"'- ...lI Cl I"'- Cl l"'- I"'- LI1 DGMQ EtEvlc.C: I I Cl Cl Cl Postage $ , leO Certified Fee ?" 30 Return Reclept Fee -7 .<:: (Endorsement Required) Restricted Delivery Fee :) '\ (Endorsement Required) 1_,.. Total Postage & Fees $ ? I S Postmark Here r'l fT1 fT1 Cl Cl I"'- SENDER. COMPLE TE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. X . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Chad J. Petrovich Synertec Health System Solutions, LLC 2400 Thea Drive Harrisburg, PA 17106 o Express Mail lC Return Receipt for MerchandlllCl OC.O r1j: Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7003 3110 0004 5770 7067 Domestic Return Receipt 102595-02-M-1540 : !,,--, , (~ ._-;~1 if :-:::1 ~',:' c_, r-<. I.D KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION . LAW : 2005 . 5381 CIVIL TERM CHAD J. PETROVICH, Defendant. : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes Petitioner, Kimberly A. Petrovich, by and through her attorneys, Irwin & McKnight, and petitions the Court as follows: 1. Petitioner is the above-named Plaintiff, Kimberly A. Petrovich, an adult individual currently residing at 275 Plaza Drive, Boiling Springs, Pennsylvania 17007. 2. Respondent is the above-named Defendant, Chad J. Petrovich, an adult individual currently residing at 202 Faith Circle, Carlisle, Pennsylvania 17013. 3. Petitioner's date of birth is December 15,1975, and her Social Security number is 209-60-7814. 4. Respondent's date of birth is January 9, 1977, and his Social Security number is 178-64-6367. 5. The Petitioner is self-employed in the home health care field. She also earns $20.00 per week babysitting. Her net monthly income, as determined at the Domestic Relations conference on November 3, 2005, is $698.62. 6. The Respondent is employed full time at Synertech and, as during the entire course of the parties' marriage, also has a part time job in the evenings. His net monthly income, as determined at the Domestic Relations conference on November 3, 2005, is $1,936.86. 1 7. The Petitioner is unable to support herself in the lifestyle to which she has been accustomed during the marriage of the parties. 8. Petitioner is unable to have full time employment without enrolling the parties' two small children in a full time daycare program. 9. The Petitioner is in need of alimony pendente lite in order to support herself and defend the divorce action filed at the above docketed number in the Court of Common Pleas of Cumberland County by Respondent. 10. Respondent has sufficient income and earning capacity, as well as assets, to support the Petitioner or to assist in supporting Petitioner and to pay alimony pendente lite to Petitioner. WHEREFORE, for the above reasons, Petitioner, Kimberly Petrovich, respectfully requests this Honorable Court to enter an Order of Alimony Pendente Lite in this matter pursuant to the determination of the Hearing Officer at the Domestic Relations conference on November 3,2005, in the amount of $177.89 per month. Respectfully submitted, IRWIN & McKNIGHT By: Date: April 27, 2006 Dougla . Miller, Esquire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for PlaintifflPetitioner, Kimberly A. Petrovich 2 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.CS.A. Section 4904, relating to unsworn falsification to authorities. - ~l~'l CUvvl ..fbwu.d, - KIMBERLY A. PETROVICH Date: April 27. 2006 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MARYLOU MATAS, ESQUIRE 26 WEST HIGH STREET CARLISLE, PA 17013 Date: April 27, 2006 IRWIN & McKNIGHT ~/~^ D gla . Milfer, E~quire Supreme Court LD. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 '" 1 z )..l <--' '( \:> - r.) C' ,..' ___1 .... In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY A. PETROVICH ) Docket Number 05-5381 CIVIL Plaintiff ) vs. ) PACSES Case Number 676108235 CHAD J. PETROVICH ) Defendant ) Other State ID Number ORDER OF COURT You, KIMBERLY A. PETROVICH plaintiff/defendant of 109 N BALTIMORE AVE, MOUNT HOLLY SPRINGS, PA. 17065-1202-09 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JUNE 1, 2006 at 9 : OOAM for a hearing. You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 ,"'" .... PETROVICH V. PETROVICH PACSES Case Number: 676108235 If you fail to appear for the conferencelhearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. BY THE COURT: Date of Order: 5 -" -()\o Qn~ JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND co BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker ID 21302 Service Type M ~ $ :::JC: ::<. I UJ g ,.,." ""'()tfi f\1i'r^ '-7 ."\ 0'~?: r::\:~: <:, ;:;.- ,""--' '~'lj ''PC: -z :2 !;;\ ~:t! :B\S Ot? '~~-ri 1S~ t;.fT\ :::c\ ~ ...., ,. ':'? .r:- ($:I .. " or \,. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION KIMBERLY A. PETROVICH ) Docket Number 05-5381 CIVIL Plaintiff ) vs. ) PACSES Case Number 676108235 CHAD J. PETROVICH ) Defendant ) Other State ID Number ORDER OF COURT You, CHAD J. PETROVICH plaintiff/defendant of 202 FAITH CIR, CARLISLE, PA. 17013-8822-02 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the JUNE 1, 2006 at 9: OOAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. verification of child care expenses, and 4. proof of medical coverage which you may have, or may have available to you 5. information relating to professional licenses 6. other: Service Type M Form CM-509 Worker ID 21302 .. ... ~. .... PETROVICH V. PETROVICH PACSES Case Number: 676108235 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence. If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action. Date of Order: s -~ -0\0 BY THE COURT: ~/vl:1~ ", JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. 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 CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled hearing. Page 2 of2 Form CM-509 Worker 1D 21302 Service Type M (") c.: :? "09 r;pfA,:; ~ ~. ~~'" ~..,. I<G ;E:c 6,:0 '.t>s; ~ -<. ...... = =' "'"' ::It ~ I \D ~ ~,::n "In ~~ 2~ o 2 : ~ a:i -0 3: w ., KIMBERL Y A. PETROVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, Defendant PACSES NO. 847107710 DOCKET NO. 859 SUPPORT 2005 KIMBERL Y A. PETROVICH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, : PACSES NO. 676108235 Defendant/Respondent: DOCKET NO. 2005-5381 CIVIL INDEX OF EXHIBITS Plaintiffs Exhibit No.1 - Statement of income Plaintiffs Exhibit No.2 - Pre-school expenses Defendant's Exhibit No.1 - Earning statements - Synertech Defendant's Exhibit No.2 - Earning statements - Sears Defendant's Exhibit No.3 - GM credit card debt Defendant's Exhibit No.4 - E-mail reo GM credit card debt Defendant's Exhibit No.5 - Regency Finance debt Defendant Exhibit No.6 - Chase Mastercard Defendant's Exhibit No.7 - Crystal Springs debt Defendant's Exhibit No.8 - Sovereign Bank debt Defendant's Exhibit No.9 - Wells Fargo debt Defendant's Exhibit No. 10- Capital One debt Defendant's Exhibit No. 11 - Income and expense statement Defendant's Exhibit No. 12 - Earning statements - Dollar General Defendant's Exhibit No. 13 - 2005 joint tax return ~ (") ~ t--.:I = = 0' <- c.: ~r:: o -n --l :c ri~lp -om ::jC) ,'_' I (~1~; i~)m ;-1 SJ -< I N " ::t: w ..... - w * KIMBERL Y A. PETROVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, Defendant PACSES NO. 847107710 DOCKET NO. 859 SUPPORT 2005 KIMBERL Y A. PETROVICH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, PACSES NO. 676108235 Defendant/Respondent: DOCKET NO. 2005-5381 CIVIL INTERIM ORDER OF COURT AND NOW, this 2nd day of June, 2006, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Autumn M. Petrovich, born March 29,2001, and Christian J. Petrovich, born June 29, 2004, the sum of $645.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $25.00 per month on arrearages until paid in full. C. Except for the obligation to provide health insurance coverage as set forth below, the Defendant's spousal support obligation is suspended. D. The Defendant shall provide health insurance coverage for the benefit of his wife and children as is provided through his employment or other group coverage at a reasonable cost. E. The Defendant shall pay 62% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910.16-6(c). F. The effective date of this order is April 17, 2006. G. The Plaintiffs claim for alimony pendente lite is denied. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAYBE ADJUDGED IN CONTEMPT OF COURT AND MAYBE FINED OR IMPRISONED. PENNSYL VANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN AL TERNA TE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAYBE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPL Y WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAYBE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 191 0.12(t), Pa. R.C.P. Ifwritten exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service ofthe original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. <. 1 Cc: Kimberly A. Petrovich Chad J. Petrovich Douglas G. Miller, Esquire F or the Plaintiff Marylou Matas, Esquire F or the Defendant DRO KIMBERL Y A. PETROVICH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, Defendant PACSES NO. 847107710 DOCKET NO. 859 SUPPORT 2005 KIMBERL Y A. PETROVICH, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION CHAD J. PETROVICH, : PACSES NO. 676108235 DefendantlRespondent: DOCKET NO. 2005-5381 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on June 1, 2006, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in both actions is Kimberly A. Petrovich, who resides at 275 Plaza Drive, Boiling Springs, Pennsylvania. 2. The Defendant is Chad J. Petrovich, who resides at 202 Faith Circle, Carlisle, Pennsylvania. 3. The parties were married on February 19,2000. 4. The parties separated on October 17,2006 when the Defendant moved from the marital residence. 5. The parties are the parents of two minor children, Autumn M. Petrovich, born March 29, 2001, and Christian J. Petrovich, born June 29, 2004, both of whom reside with the Plaintiff. 6. On November 3, 2005 an order was entered setting the Defendant's obligation for child support at $645.00 per month and his obligation for spousal support at $177.89 per month. EXHIBIT "A" 7. Said order provided that by agreement of the parties the spousal support obligation would be suspended on April 16, 2006. 8. On March 24, 2006 the Plaintiff filed a petition for modification of said order requesting that the spousal support remain in force. 9. The Plaintiff filed a complaint in divorce on October 14,2005. 10. On April 27, 2006 the Plaintiff filed a petition for alimony pendente lite.l 11. The Plaintiff continues to be a self-employed personal in-home care provider as she was in November, 2005, but has ceased babysitting. 12. The Plaintiffs monthly gross income is approximately $450.00. 13. The Plaintiff is attempting to find full-time employment as a certified nursing assistant. 14. The Plaintiff was certified as a nursing assistant in 1996, but the certification has expired. 15. The Plaintiff would be required to attend a class for recertification. 16. The Plaintiff had been employed performing data entry when the parties were first married. 17. The Defendant continues to be employed by Synertech on a full-time basis. 18. The Defendant received an hourly rate increase at Synertech in March, 2006 from $13.86 to $14.88. 19. In January, 2006 the Plaintiff changed his part-time employment from Dollar General to Sears. 20. From July, 2005 through December, 2005 the Defendant had average gross monthly income at Dollar General of approximately $264.00. 21. For the period of January 29, 2006 through May 6, 2006 the Defendant has had average gross monthly income of approximately $511.00. 22. The Defendant has had year-to-date income from Synertech through the pay period ending May 5, 2006 of $10,659.49. 23. The Defendant provides health insurance coverage on the family at a cost of $97.72 bi-weekly. I Said petition essentially requests that the spousal support obligation be converted to alimony pendente lite. 2 24. The parties filed a joint marital tax return for tax year 2005 and split a refund of approximately $4,000.00. 25. The parties will file individual tax returns for tax year 2006. 26. The Defendant has assumed responsibility for payment of approximately $9,000.00 in marital debt. 27. The Defendant has consolidated the marital debt into a loan with CapitalOne on which he pays $288.50 per month. 28. At such time as the Plaintiff obtains full-time employment it is anticipated that she will pay $75.00 per week per child for childcare during the summer months. 29. The Plaintiff has had Autumn in a pre-school program for three mornings per week since the entry ofthe November, 2005 support order at a cost of $87.00 per month. 30. The pre-school sessions do not occur during the summer. 31. The Plaintiff desires to have Autumn repeat the pre-school during the 2006-2007 school year rather than enroll in the public school kindergarten. 32. The Defendant has worked a part-time job in addition to his primary full-time job consistently since the parties were married and continues to do so. DISCUSSION A party seeking to modify a support order has the burden of demonstrating that a material and substantial change of circumstances has occurred since the entry of the order to justify a modification. Samii v. Samii, 847 A.2d 671 (Pa. Super. 2004). The evidence presented demonstrates that the Defendant has had an increase in his net monthly income since the entry of the prior support order in November, 2005 attributable to both an increase in his hourly rate at Synertech and the change of his part-time employment to Sears. A modification of the order is appropriate. The Defendant has had average gross monthly income from his employment with Synertech and Sears of$3,077.00 per month. Filing his federal income tax return as married/separate would result in net monthly income for support purposes of $2,389.00.2 The Plaintiffs actual earnings are limited to $208.00 bi-weekly or $450.00 per month performing in-home personal care. This is less than her earnings in November, 2005 because she has stopped babysitting. In computing a child support obligation the focus is on the earning capacities of the parties, not actual earnings. Moonev v. Doutt, 766 A.2d 1271 2 See Exhibit "A" for deductions from gross income. 3 CPa. Super. 2001). A party's earning capacity is that amount he or she can realistically be expected to earn under the circumstances considering his or her age, health, physical and mental condition and training. Riley v. Foley, 783 A.2d 807 CPa. Super. 2001). Where a party assumes a lower paying job or wilfully fails to obtain appropriate employment, he or she will be imputed wit~ an earning capacity. Baehr v. Baehr, 889 A.2d 1240 CPa. Super. 2005). The Plaintiff has had more than six months since the separation to obtain full-time employment and has not done so. She is limiting her job seeking efforts to becoming a certified nursing assistant. Under the circumstances an earning capacity of $300.00 per week, or $1,300.00 per month, will be attributed to her based upon her age, health, education and job experience. Filing her federal income tax return as head of household earning $1,300.00 per month with two dependent children, the Plaintiff would ~ualifY for the earned income credit and have net monthly income for purposes of $1 ,464.00. With combined net monthly income of $3,853.00, the basic support requirement for two children is $1,130.00.4 The Defendant's proportionate share of that amount is $701.00. The Defendant receives a downward adjustment to $641.00 because of health insurance coverage he provides for the family.s This is only a nominal change from the child support obligation entered against the Defendant on November 3,2005. Consequently a recommendation will be made that the Defendant's child support obligation remain at $645.00 per month.6 With the incomes of the parties and the child support obligation as set forth above, the Defendant would have a spousal support obligation calculated under the guidelines of $85.00 per month. 7 The Defendant argues that his spousal support obligation should be suspended initially because the parties had agreed in November, 2005 that the obligation would last for only six months, and secondly because he has assumed responsibility for the marital debts. He is now paying $288.50 per month on marital debt after taking out a bill consolidation loan. In the opinion of this Master this debt payment supports both a suspension of this relatively low spousal support obligation and a basis to deny an award of alimony pendente lite. Consequently the following recommendation is made. 3 See Exhibit "A" for the credits to and deductions from gross income. 4 See Pa. R.C.P. 1910.16-3. 5 See Exhibit "B" for the guideline calculation. 6 Until the decision is made concerning Autumn's continued attendance in pre-school or her attendance in kindergarten, no adjustment will be made for that possible expense. Because the Plaintiff is not yet incurring childcare expenses, no adjustment is made for that expense. At such time as the Plaintiff obtains employment and incurs expenses for the children, a modification ofthe order will be appropriate. 7 See Exhibit "C" for the calculation. 4 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit as support for his children, Autumn M. Petrovich, born March 29,2001, and Christian J. Petrovich, born June 29,2004, the sum of $645.00 per month. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of$25.00 per month on arrearages until paid in full. C. Except for the obligation to provide health insurance coverage as set forth below, the Defendant's spousal support obligation is suspended. D. The Defendant shall provide health insurance coverage for the benefit of his wife and children as is provided through his employment or other group coverage at a reasonable cost. E. The Defendant shall pay 62% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa. R.C.P. 1910.16-6(c). F. The effective date of this order is April 17, 2006. G. The Plaintiffs claim for alimony pendente lite is denied. .j'u..\.U1 ? \ -:2-006 Date ~'~RILk Michael R. Rundle Support Master 5 In the Court of Common Pleas of Cumberland County, Pennsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Tax Year: Current: 2006 Kimberly A. Petrovich Chad J. Petrovich 859 S 2005 847107710 1. Tax Method 2. Fling Status 3. Who Claims the Exem tions 4. Number of Exemptions 5. Monthl Taxable Income 6. Deductions Method 7. Deduction Amount 8. Exem tion Amount 9. Income MINUS Deductions and Exem tions 10. Tax on Income 11. Child Tax Credit 12. Manual Ad'ustments to Taxes 13. Federal Income Taxes 13 a. Earned Income Credit 14. State Income Taxes 15. FICA Pa ments 16. City Where Taxes Apply 17. Local Income Taxes TOTAL Taxes SupportCalc 2006 EXHIBIT "'A." Oeten_nt Obli ee 1 $3,077.04 Standard $429.17 $275.00 $2,372.87 $324.48 $324.48 $97.23 $235.40 --Select-- $30.77 $687.88 Plaintiff Manual Single 3 $1,300.00 Standard $429.17 $825.00 $45.83 $4.58 $4.58 -$317.08 $317.08 $41.08 $99.45 --Select-- $13.00 -$163.55 In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: Chad J. Petrovich Plaintiff Name: Kimberly A. Petrovich $lJp'C)t.t"'i~'J"..'~k",., ~C,I"1$l:O.16-1, ~t$. .. Docket Number: 859 S 2005 PACSES Case Number: 847107710 Other Case ID Number: Ilefendant $3,077.04 $687.88 $2,389.16 Plail\l;Uff 2 $1,300.00 -$163.55 $1,463.55 $3,852.71 Derivative Benefit. $1,130.00 62.01 $700.71 -$60.02 $640.69 $640.69 Date: 6/ 2/2006 SUmmary · REttnltrt 51. PAC5E5 Multiole Familv Adiustment - 52. 500usal 5uoport Award $85.48 53. Adjustment for Excess Mortgage Payments (If Applicable) - 54. Custodial Parent 5pousal 5upport Obligation (if Applicable) (-) . 55. Adjusted 5upport Obligation Monthly: Weekly: I Line 16 (or 51, if applicable) plus Line 52 and 53 minus 54 (if applicable) $726.17 $167.13 TAX INFORMATION Tax Method Filina 5tatus ExemDtions 56. Defendant 1040 ES Married Filino Separatelv 1 57. Plaintiff Manual Sinale 3 58. Total 5upport Amount if Deviating from Guidelines Calculation Monthly: Weekly: . . 59. Justification for Deviatin from Guidelines Calculation andlor Other Case Comments: SupportCalc 2006 EXHIBIT II B II .. In the Court of Common Pleas of Cumberland County, Pennsylvania .1'.'$II.'.........G.I:O.,...t1 ..'.811':1..11 CP*,CllliPO",..-r) Plaintiff Name: Kimberly A. Petrovich Defendant Name: Chad J. Petrovich Docket Number: 859 S 2005 PACSES Case Number: 847107710 Other State 10 Number: 1. Obligor's Monthly Net Income $2,389.16 2. Less All Other Support - 3. Less Obligee's Monthly Net Income $1 ,463.55 4. Difference $925.61 5. Less Child Support Obliaation for Current Case $640.69 6. Difference $284.92 7. Multiply by 30% or 400/. 30.00% 8. Income Available for Spousal Support $85.48 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $85.48 Prepared by: mrr I Date: 6/ 2/2006 SupportCa/c 2006 EXHIBIT "C" q ( ::,",c," -'-" \." r-:' ': ,..-.:> :g ':';..1"'''' (.- c.-::'; ~,~.~ , N o -,. .-\ :1: -n rile, :q\~ ';:':')1 '~~~ ('i~ -0 ~ ~: ~---) (,;{f1 ,-:.':;:'" ::< <.f.' -~ w KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : 2005 - 5381 CIVIL TERM CHAD J. PETROVICH, Defendant. : IN DIVORCE PLAINTIFF'S AFFIDA VIT 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 days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ,) ~?-o "O\r; ~~ KIMBERLY A. PETROVICH Plaintiff r-.:> = c.:::> C:P Cl r-~~-1 l ~ N -0 ...,.~':: L:: f'.) -i.'. KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : 2005 - 5381 CIVIL TERM CHAD J. PETROVICH, Defendant. : 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 of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1.]- 20 -oJo ~~ KIMBERLY A. PETROVICH Plaintiff '" ,;;:) t;,;:) a'" CJ j11 n ", -.-. '-' .-;;-0" W !'.) i-- SAlOIS, FWWER & LINDSAY ATIORNmoAT.[AW 26 West High Stteet Carlisle, PA KIMBERLY A. PETROVICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2005-5381 CHAD J.. PETROVICH, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 9 3301 (c) of the Divorce Code was filed October 14, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree 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 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. 4904 relating to unsworn falsification to authorities. ~~~ Date: /Z/z ~/L 0 D & Chad J. Petrovich DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER~ 3301 tel OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /~~O(J6 ~/~ Chad J. Petrovich 8 t-..:) ~J C.:~:) 0' o ~.~ I" n f''' o "'T1 ~:TI -os=; -,.,0 CO ~ ~c ! -,~ ~fJ ..-.=;::: (~~) -'-;I"n -,:J, LJ..) ". '---'I "1:"" :0 =< N SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THISAGREEMENT,madethis rJ.O~aYOf ~ , 2006, by and between CHAD J. PETROVICH, of Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Husband", AND KIMBERLY A. PETROVICH, of Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on February 19,2000, in Carlisle, Cumberland County, Pennsylvania, and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to finally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue from the execution hereof; and WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, --Page 1 of 12-- Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: 1. Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge 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 and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any fraud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel, Douglas Miller, Esquire. 2. Warranty of Disclosure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the parties but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties. 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective families of each other nor compel or attempt to compel --Page 2 of 12-- the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4. Agreement not a Bar to Divorce Proceedinfls: This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of ~3301(c) of the Divorce Code of 1980. 5. Agreement to be Incorporated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 6, Date of Execution: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. --Page 3 of 12-- 8. Marital Debt: At the time of separation, the parties had marital debt due and owing to various credit cards and loans, including the following: a.) GM Mastercard, listed in Husband's name individually; b.) Visa, listed in Husband's name individually; c.) Chase, listed in Husband's name individually; d.) Sovereign Bank, listed in Husband's name individually; e.) Regency, listed in Husband's name individually. Since the time of separation, Husband has consolidated the above listed debts and has maintained sole responsibility for the repayment of the debt. From the date of execution of this Agreement forward, Husband shall continue to maintain responsibility for payment for the consolidation loan. Husband shall indemnify Wife from collection activity whatsoever relative to the above listed debts or consolidation loan. Wife shall maintain responsibility for payment for any debt listed In her name individually, incurred either prior to separation or after separation. Each party hereby confirms that they have not incurred any additional debt since their separation that has, in any way, obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. 9. Bank Accounts: For the mutual promIses and covenants contained in this Agreement, Husband and Wife hereby waive all right, title, claim or interest they may have by equitable distribution in their respective bank accounts, checking or savings, if any, and each party waives against the other any duty of accounting for disposition of any jointly held funds. More specifically, at the time of separation the parties had a jointly held Citizens Bank checking account, used for their primary account. This account was overdrafted and checks were --Page 4 of 12-- returned for insufficient funds. Those charges were paid by Husband. Husband and Wife shall promptly close this account, or otherwise remove Husband's name from this account, if it is not otherwise done already. If it is discovered that other joint accounts exist, the parties shall divide equally any funds in those accounts and promptly close those accounts within fifteen (15) days of execution of this Agreement. 10. Afier-Acquired Personal Prooerty: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, 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. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a.) Husband has retained sole and exclusive possession of the parties' 2001 Chrysler Town and Country minivan. Husband shall be responsible for making all payments due and owing on the loan encumbering that vehicle and shall indemnify Wife against any collection activity whatsoever relative to that loan. Wife shall make no claim to Husband's access or ownership of said vehicle. It is believed that this vehicle is titled in Husband's name individually. If it is discovered that this vehicle is titled jointly, Wife will promptly execute any and all necessary documents to transfer this vehicle to Husband's name individually b.) Wife shall retain sole and exclusive possession of the parties' 1996 Saturn. Husband shall make no claim to Wife's access or ownership of said vehicle. It is believed that this vehicle is titled in Wife's name individually. If it is discovered that this vehicle is titled jointly, Husband will promptly execute any and all necessary documents to transfer this vehicle to Wife's name individually 12. Pension Interests: Husband owns or has an interest in a 401(k) account with his employment with Synertech. At the time of separation, this account had a balance of approximately $2,000.00. Wife hereby waives, relinquishes and transfers any and all right, title --Page 5 of 12-- and interest she has or may have in Husband's pension or retirement account any present retirement or 401(k) account with Synertech, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband hereby waives, relinquishes and transfers any and all of his right, title and interest he has or may have in any Wife's pension or other retirement accounts that Wife may have in her individual name or may have secured through her present or prior employment. 13. Warranty as to Post Separation and Future Obligations: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 14. Spousal Support. Alimonv. Alimonv Pendente Lite. and Svousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. b.) Wife hereby waives any further right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. Wife filed a complaint for spousal support through Cumberland County Domestic Relations. By agreement of the parties and by Order dated November 3, 2005, that spousal support obligation will terminate on April 16, 2006. If it is necessary to confirm that with DRO, upon execution of this Agreement, Wife shall sign all documents necessary to withdraw that Complaint and shall make no further requests for any type of financial maintenance from Husband whatsoever. 15. Mutual Releases: Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or --Page 6 of 12-- against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 16. Divorce: At the time of execution of this Agreement, Husband has commenced an action for divorce against Wife. It is understood and agreed that any Decree in Divorce which may be issued between the parties shall incorporate this Agreement. Further: a.) This Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, et. seq. of the Pennsylvania Code, Act. No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding --Page 7 of 12-- such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 17. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal fees. 18. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages for such breach, in which event the breaching party shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 19. Equitable Distribution: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. ofthe Commonwealth of Pennsylvania, and as amended. 20. Summary of Effect of Afgeement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 21. Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other --Page 8 of 12-- property not constituting a part of the marital estate. 22. Mutual Cooperation/Duty to Effectuate Agreement: Each party shall at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 23. Reconciliation: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this agreement or cause any new marital rights or obligations to accrue. 24. Severability: 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. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 25. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 26. Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no --Page 9 of 12-- representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 27. Effect of Divorce Decree: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 28. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Husband in care of Marylou Matas, Esquire, Saidis, Flower & Lindsay, 26 West High Street, Carlisle, Pennsylvania 17013. b.) To Wife in care of Douglas G. Miller, Esquire, Irwin & McKnight Law Offices, 60 West Pomfret Street, Carlisle, Pennsylvania 17013. 29. Waiver or Modification to be in Writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 30. Captions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 31. Agreement Binding on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 32. Governing Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. --Page 10 of 12-- . ' IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. WITNESSES: -:1 C(fl7{~ ~)/ IhA / l/ zo /0 {.:; I Dale J .,"1 C:m~~ Id-~-6ro '-~ f~ Date KIMBERLY A. PETROVICH --Page 11 of 12-- .' , . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ta~2{~ On this 20VA. day of Jje ~mbvL , 2006, before me, the undersigned officer, personally appeared, CHAD J. PETROVICH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. MMONWEALTH OF PENNS VANIA Notarial Seal x.ren S. Noel, Notary Public c.tiIle Bom, Cumberland County My Cemmission Expires Dec. 8, 2007 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this .,,(D l6-. day of ~ (!J2.~ , 2006, before me, the undersigned officer, personally appeared KIMBERLY A. PETROVICH, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~Jotat:fi&jS;:~Hj KAren s. ~~(Icl. !'I;,iary Public ClI'lille 80m. Cumberland County Cemmi..ign ill i.... DR. a, 2007 --Page 12 of 12-- r-.:I C:;:J C:~ ,--r'-" ~ ~ f1~ ;JJ ;--n ~ - ^') '1. f ",,1 =q. - ;~.> :,')' II ':-'l CJ r't1 C~) f-",) -:J ::~.: C;? -,-~ "LJ ~ rv (J; KIMBERLY A. PETROVICH, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : 2005 .5381 CIVIL TERM CHAD J. PETROVICH, Defendant. : IN DIVORCE PRAECWETOTRANSMITRECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330l(c) and/or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Chad J. Petrovich, by certified mail, restricted delivery, on or about October 17,2005. The Mfidavit of Service was filed with the Prothonotary on or about October 20,2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330l(c) of the Divorce Code: by plaintiff: December 20, 2006 by defendant: December 20, 2006 (b)(l) Date of execution of the affidavit required by Section 330l(d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: December 21,2006 Date defendant's Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: December 21, 2006 Date: December 21, 2006 r-;) C::') (:::J c::T.... o -1'1 CJ r".~l C"~) :::;:J f'11:D f-- rn ~:::i f',) ~ >...J .....".0. -1.':' (..) f""....) (.:-;