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HomeMy WebLinkAbout02-1609KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. Oa -- : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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 Court House, 1 Courthouse Square, Carlisle, PA 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. Dated: The Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Attorney for Plaintiff KATHRYN W. MRKSIC, Plaintiff V. DAVID E. MRKSIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02- I 07 : : IN DIVORCE CQMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Kathryn W. Mrksic, an adult individual who is sui juris and resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is David E. Mrksic, an adult individual who is sui juris and resides at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025. The present whereabouts of the Defendant, David Mrksic, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 6, 1993 in Enola, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. Decree: WHEREFORE, Plaintiff requests the Court to enter a Bo Dissolving the marriage between Plaintiff and Defendant; and For such further relief as the Court may determine equitable and just. 48589~1 TUCKER ARENSBERG & SWARTZ P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff 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. Section 4904, relating to unsworn falsification to authorities. Kaf~y~ Mrks~ic Dated: l/16 ! DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: KATHRYN W. MRKSIC, Plaintiff Vo DAVID E. MRKSIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1609 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Debra A. Denison Cantor, Esquire, do hereby accept service of the Divorce Complaint filed by the Plaintiff in the above matter on April 3, 2002. DATED: KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-1609 CIVIL TERM : PACSES NO. : : IN DIVORCE Pennsylvania. 4. 5. employment. 6. Petitioner. 7. PETITION FOR ALIMONY PENDENTE LITE AND NOW, this g~) '-day of August, 2002, comes the Petitioner, David E. Mrksic, by and through his attorneys REAGER & ADLER, P.C., and respectfully files this Petition for Alimony Pendente Lite and in support thereof avers as follows: 1. Petitioner, David E. Mrksic, is an adult individual residing at 423D Duke Street, Enola, Pennsylvania 17025. 2. Respondent, Kathryn W. Mrksic, is an adult individual residing at 29 Sherwood Circle, Enola, Pennsylvania. The Petitioner and Respondent were married on February 6, 1993 in Enola, Petitioner lacks sufficient property to provide for his reasonable needs. Petitioner is unable to sufficiently support himself through appropriate Respondent has sufficient income and assets to provide continuing support for the The Petitioner is without sufficient funds to support himself and is unable to appropriately maintain himself during the pendency of this action. 8. Respondent has adequate earnings to provide for and/or contribute to the Petitioner's support. WHEREFORE, Petitioner, David E. Mrksic, respectfully requests this Honorable Court grant his Petition For Alimony Pendente Lite and any other relief this Court deems appropriate. DATED: ~ ~)/~)~-'~ By: Respectfully submitted, REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 VERIFICATION I, Debra Denison Cantor, Esquire, Attorney for David E. Mrksic, verify that the statements made in this Petition for Alimony Pendente Lite are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. 02-1609 CIVIL TERM : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS NAME David E. Mrksic ADDRESS 423D Duke Street, Enola, PA 17025 BIRTH DATE 4-1-58 SOCIAL SECURITY NUMBER 191-46-4622 HOME PHONE (717) 732-8172 WORK PHONE (717) 909-0187 EMPLOYER NAME IMR Limited EMPLOYER ADDRESS 1591 South 19~ Street, Harrisburg, PA 17104 JOB TITLE/POSITION Service Technician DATE EMPLOYMENT 3/98 COMMENCED GROSS PAY $1130.70 bi-weekly NET PAY $ 747.15 bi-weekly OTHER INCOME Commissions and bonus varies ATFORNEY'S NAME Debra Denison Cantor, Esquire ATTORNEY'S ADDRESS 2331 Market Street, Camp Hill, PA 17011 ATTORNEY'S PHONE NUMBER (717) 763-1383 NAME Kathryn W. Mrksic ADDRESS 29 Sherwood Circle, Enola, PA 17025 BIRTH DATE 5-5-65 SOCIAL SECURITY NUMBER 161-60-2710 HOME PHONE (717) 909~0187 WORK PHONE (717) 236-4300 EMPLOYER NAME Journal Publications EMPLOYER ADDRESS 409 South 2~ Street, Harrisburg, PA 17104 JOB TITLE/POSITION Sales DATE EMPLOYMENT 1996 COMMENCED GROSS PAY 2001 $33,000.00 yearly without commission and bonus $92,000 yearly with commissions and bonus NET PAY OTHER INCOME ATTORNEY'S NAME Sandra L. Meilton, Esquire ATTORNEY'S ADDRESS PO Box 889, Harrisburg, PA 17108-0889 ATTORNEY'S PHONE NUMBER (717) 234-4121 DATE OF MARRIAGE February 6, 1993 PLACE OF MARRIAGE Enola, PA DATE OF SEPARATION 8-12-02 ADDRESS OF LAST MARITAL 29 Sherwood Circle, Enola, PA 17025 HOME DESCRIPTION OF DOCUMENT Petition RAISING APL CLAIM DATE APL DOCUMENT FILED CERTIFICATE OF SERVICE I, Debra Denison Cantor, Esquire, do hereby certify that on this date I served the foregoing Petition for Alimony Pendente Lite upon the individuals listed below by depositing a tree and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Sandra L. Meilton, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street PO Box 889 Harrisburg, PA 17108-0889 Date: ~7~/~)~ t / REAGER & ADLER, PC KATHRYN W. MRKSIC, Plalntiff~_espondent VS. DAVID E. MRKSIC, Defepda_n_tfPefifioner l]~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-1609 CIVIL TERM IN DIVORCE DR~ 32041 Pacses~ 289104820 ORDER OF COURT AND NOW, this 5t~ day of September, 2002, upon consideration of the attached Petition for Alimony Pendente Lite and/or connnel fees, it is hereby directed that the parties and their respective counsel appear b~fore ~ on October 4, 2002 at 10:30.,4-M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which thc conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement a~ached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fall to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on Petitioner 9-5-02 to: < Respondent Debra Denison Cantor, Esquire Sandra Meilton, Esquire Date of Order: September 5, 2002 BY THE COURT, George E. Hoffer, President Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND TFt~ CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : IN CUSTODY/DIVORCE : NO. 02 1609 CIVIL TERM STIPULATION AND NOW' this ~)~"~ dayof ~' 2002, KathrynW. Mrksic, Plaintiff (hereinafter referred to as "Mother"), together with her attorney, Sandra L. Meilton, and David E. Mrksic, Defendant (hereinafter referred to as "Father"), together with his attorneys, Debra Dennison Cantor and Joanne Harrison Clough, hereby inform your Honorable Court that they have amicably resolved to their mutual satisfaction the issues of custody and visitation regarding their children, Nicholas E. Mrksic, born August 19, 1995, and Dylan R. Mrksic, born December 7, 1998, and do hereby stipulate that the following is the substance of their agreement respectfully requesting that your Honorable Court issue an appropriate Order of custody and visitation in accordance with their agreement and stipulation. The parties stipulate as follows: 1. The parents hereby agree to share legal custody of their children. All decision affecting the children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. 2. Physical custody of the children shall be shared on the following schedule: (a) Father shall have custody of the children from Friday at 5:15 p.m. through Sunday at 6:00 p.m. on alternating weekends. (b) Every Wednesday evening from 5:15 p.m. to 7:45 p.m. (c) On the Monday following Mother's weekends, from 5:15 p.m. to 7:45 p.mo (d) whichever is appropriate. (e) with Mother. Pick up and return shall be at either Mother's residence, At all other times not specifically noted above, the children shall be 3. The parties shall share the holidays as follows: Easter Sunday shall be divided into two segments. Segment A shall be from 6:00 p. mo on the Saturday before Easter to 2:00 p.m. on Easter Sunday. Segment B shall be from 2:00 p.m. to 8:00 p°m. on Easter Sunday. Nicholas and Dylan shall spend Segment A with the parent who is scheduled to have custody on that weekend through the normal custodial rotation, and the other parent shall have custody of the children during Segment B. Memorial Day shall be defined as running from Friday at 5:15 p.m. through Monday at 8:00 p.m. Father shall have custody on Memorial Day in even numbered years and Mother shall have custody in odd numbered years. Labor Day shall be defined as running from Friday at 5:15 p.m. through Monday at 8:00 p.m. Mother shall have custody on Labor Day in even numbered years and Father shall have custody in odd numbered years. Thanksgiving Day shall be divided into two Segments. Segment A shall be from 8:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. to 8:00 p.m. Nicholas and Dylan shall always spend Segment A with Father and Segment B with Mother. Christmas shall be divided into two Segments. Segment A shall be from 2:00 p.m. on December 24 to 2:00 p.m. on December 25. Segment B shall be from 2:00 p.m. on December 25 to 6:00 p.m. on December 26. Nicholas and Dylan shall spend Segment A with Mother in even numbered years and with Father in odd numbered years. Segment B shall be with Father in even numbered years and with Mother in odd numbered years. 4. If either or both children are sick and must be kept home from school or regularly scheduled activities, or in the event that there is a non-scheduled school closing (e.g., a weather related closing), the parent who is regularly scheduled to have the children for the day or to pick the children up from school, shall make appropriate arrangements for child care. Either party may seek the assistance of the other parent in such situations. 5. In the event that either parent finds it necessary to use a third party care provider for the children, that parent shall offer the other parent the dght of first refusal with regard to providing daycare. It is further agreed that there will be no overnight visits or visits longer than three (3) hours for the children at the home of paternal grandparents without Father present. 6. Father shall have custody of the children on Father's Day and Mother shall have custody of the children on Mother% Day from 9:00 a.m. to 7:00 p.m. 7. Dudng any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Neither party shall permanently relocate more than thirty (30) miles from 29 Sherwood Circle, Enola, Pennsylvania, without a minimum notice of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 10. Both parents shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 11. The parties shall establish a no conflict zone, in order to better negotiate issues regarding their minor children. 12. It is understood and stipulated by the parties that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 02 1609 CIVIL TERM · IN DIVORCE STIPULATION FOR AN AGREED ORDER OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE Effective/'.'~.~ , 2002, the parties, Kathryn W. Mrksic ("Wife")and David E. Mrksic ("Husband") hereby stipulate that the following agreement shall apply with regard to the parties' marital residence: 1. The parties herein mutually agree that Wife shall have and enjoy the exclusive use and possession of the former marital residence located at 29 Sherwood Circle, Enola, Cumberland County, Pennsylvania 17025, pending the entry of a final Decree in Divorce or further Order in this matter. 2. During the pendency of exclusive possession, Wife shall be solely responsible for the mortgage payments, taxes, insurance and utility bills relative to said real estate subject to the exception of any contribution from Husband ordered by the Cumberland County Domestic Relations Office or as mutually agreed to by the parties. 3. Assuming the parties can reach an agreement on equitable distribution of the marital property, Wife shall be entitled to refinance the mortgage which currently exists on the marital residence and Husband shall cooperate fully in this regard by signing a deed transferring the real estate from Husband to Wife and shall remove Husband as an Obligor on the mortgage and indemnify him and hold him harmless thereon. 4. In the event that Wife is unable to refinance at an affordable monthly amount, then the house shall immediately be listed for sale. Husband and Wife shall cooperate in signing all documents necessary for a prompt listing of the real estate. 5. As part of the rights afforded to Wife through this Exclusive Possession Order, Wife may change the locks on the marital residence if she so desires. 6. Husband shall relinquish his garage door opener and keys to the marital residence to Wife. 7. With the exception of number 8 below, Husband shall not enter the marital residence without prior approval of Wife. 8. Notwithstanding the foregoing, Husband shall have the right to access the marital residence for purposes of inspection if the home if not transferred to Wife as set forth in paragraph 3 here above. Any access Husband shall have to the marital residence shall be arranged in advance by his counsel notifying Wife's counsel to schedule a time for Husband's access to the residence. Husband shall have access to prepare a list of the personal property he wishes to retrieve from the marital residence. 9. In consideration of the Husband agreeing to grant Wife exclusive possession of the marital residence, Wife agrees to withdraw and/or discontinue the Protection From Abuse Action No. 02-3950 that she filed with the Court of Common Pleas of Cumberland County on behalf of herself and the parties' minor children. Kath~jn W. ~lrl~ic ~ E. Mrksic / ~andra L. Meilton .J Joanne Harrison Clough~ 52784.1 KATHRYN W. MRKSIC, Plaintiff Vo DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY/DIVORCE : NO. 02 1609 CIVIL TERM COMPLAINT FOR CUSTODY 1. The Plaintiff is Kathryn W. Mrksic, residing at 29 Sherwood Circle, Enola, Cumberland County, PA. 2. The Defendant is David E. Mrksic, residing at 423D Duke Street, Enola, Cumberland County, PA. Name Nicholas E. Mrksic Dylan R.Mrksic Plaintiff seeks primary physical custody of the following children: Present Residence 29 Sherwood Circle, Enola, PA 17025 29 Sherwood Circle, Enola, PA 17025 Age 7, DOB, 8/19/95 3, DOB, 12/7/98 The children were not born out of wedlock; and are presently in the custody of Kathryn VV. Mrksic, who resides at 29 Sherwood Circle, Enola, PA 17025. During the past five years, the children have resided with the following persons and at the following addresses: Plaintiff and Defendant Plaintiff 29 Sherwood Circle Enola, PA 17025 29 Sherwood Circle Enola, PA 17025 Birth to 8/12/02 8/12/02 to Present The mother of the children is Kathryn W. Mrksic, currently residing at 29 Sherwood Circle, Enola, PA 17025. ,She is married. The father of the children is David E. Mrksic, currently residing at 423D Duke Street, Enola, PA 17025. He is married. 4. The relationship of Plaintiff to the children is that of Mother. The Plaintiff currently resides with the parties' two children, Nicholas and Dylan. 5. The relationship of Defendant to the children is that of Father. The Defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and pe..anent welfare of the children will be served by granting the relief requested because the parties have executed a Stipulation setting forth the agreement reached between them and said Stipulation is being filed simultaneously with this Complaint so that an Custody Order can be entered with respect thereto. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court to grant pdmary physical custody of the children to her with periods of partial physical custody in the Defendant as set forth in the written Stipulation being filed simultaneously with this Complaint. 49105.1 andra L. Meilton, Esquire TUCKER ARENSBERG & SWARTZ 111 North Front Street P.O. Box 889 Harrisburg, PA 17108-0889 (717) 234-4121 ATTORNEYS FOR PLAINTIFF VERIFICATION I, the undersigned, Kathryn W. Mrksic, acknowledge that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Dated: Kathryn W. Mr~sic KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : IN CUSTODY/DIVORCE :NO. 02-1609 CIVIL TERM ORDER AND NOW, this //" dayof parties, it is HEREBY ORDERED AND DECREED that: ,2002, upon stipulation of the 1. The parents hereby agree to share legal custody of their children. All decision affecting the children's growth and development includingl but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; education, both secular and religious; athletic pursuits and extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interests. 2. Physical custody of the children shall be shared on the following schedule: . (a) Father shall have custody of the children from Friday at 5:15 p.m. through Sunday at 6:00 p.m. on alternating weekends. (b) Every Wednesday evening from 5:15 p.m. to 7:45 p.m. pom. (c) (d) whichever is appropriate. (e) with Mother. On the Monday following Mother's weekends, from 5:15 p.m. to 7:45 Pick up and return shall be at either Mother's residence, At all other times not specifically noted above, the children shall be 3. The parties shall share the holidays as follows: Easter Sunday shall be divided into two segments. Segment A shall be from 6:00 p.m. on the Saturday before Easter to 2:00 p.m. on Easter Sunday. Segment B shall be from 2:00 p.m. to 8:00 p.m. on Easter Sunday. Nicholas and Dylan shall spend Segment A with the parent who is scheduled to have custody on that weekend through the normal custodial rotation, and the other parent shall have custody of the children during Segment B. Memorial Day shall be defined as running from Friday at 5:15 p.m. through Monday at 8:00 p.m. Father shall have custody on Memorial Day in even numbered years and Mother shall have custody in odd numbered years. Labor Day shall be defined as running from Friday at 5:15 p.m. through Monday at 8:00 p.m. Mother shall have custody on Labor Day in even numbered years and Father shall have custody in odd numbered years. Thanksgiving Day shall be divided into two Segments. Segment A shall be from 8:00 a.m. to 2:00 p.m. Segment B shall be from 2:00 p.m. to 8:00 p.m. Nicholas and Dylan shall always spend Segment A with Father and Segment B with Mother. Christmas shall be divided into two Segments. Segment A shall be from 2:00 p.m. on December 24 to 2:00 p.m. on December 25. Segment B shall be from 2:00 p.m. on December 25 to 6:00 p.m. on December 26. Nicholas and Dylan shall spend Segment A with Mother in even numbered years and with Father in odd numbered years. Segment B shall be with Father in even numbered years and with Mother in odd numbered years. 4. If either or both children are sick and must be kept home from school or regularly scheduled activities, or in the event that there is a non-scheduled school closing (e.g., a weather related closing), the parent who is regularly scheduled to have the children for the day or to pick the children up from school, shall make appropriate arrangements for child care. Either party may seek the assistance of the other parent in such situations. 5. In the event that either parent finds it necessary to use a third party care provider for the children, that parent shall offer the other parent the right of first refusal with regard to providing daycare. It is further agreed that there will be no overnight visits or visits longer than three (3) hours for the children at the home of paternal grandparents without Father present. 6. Father shall have custody of the children on Father's Day and Mother shall have custody of the children on Mother's Day from 9:00 a.m. to 7:00 p.m. 7. During any period of custody or visitation, the parties to this Order shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this prohibition. 8. The holiday schedule shall take precedence over the regular custody schedule. 9. Neither party shall permanently relocate more than thirty (30) miles from 29 Sherwood Circle, Enola, Pennsylvania, without a minimum notice of sixty (60) days to the other party. The sixty (60) day notice is designed to afford the parents an opportunity to renegotiate the custodial arrangement or to have the matter listed for a Court hearing. 10. Both parents shall refrain from making derogatory comments about the other party in the presence of the children and to the extent possible shall prevent third parties from making such comments in the presence of the children. 11. The parties shall establish a no conflict zone, in order to better negotiate issues regarding their minor children. 12. It is understood and stipulated by the parties that, upon their mutual agreement, an expanded or altered schedule may be agreed between the parents for and in the best interests of the children. 49106.1 BY THE COURT: / CARLOS PABON, Plaintiff/Respondent V. SANDRA I. DELGADO, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000-142 DIVORCE PETITION FOR ~.I,IMONY PENDENTE LITE NOW COMES, Petitioner, Sandra I. Delgado, by and through her counsel, Family Law Clinic, and files this Petition for Alimony Pendente Lite, pursuant to Pa. R.C.P. § 1920.15, and in support thereof respectfully represents: 1. Petitioner's mailing address is Suite 232, Calle Martinez//36, Juncos, Puerto Rico 00777. Respondent's mailing address is 709 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Petitioner, Sandra I. Delgado, and Respondent, Carlos Pabon, were married on March 3, 1990 in Juncos, Puerto Rico. 3. Petitioner currently resides in Puerto Rico. Respondent currently resides in Cumberland County, Pennsylvania. 4. On or about April 4, 2002, Respondent filed a Complaint in Divorce in Cumberland County, Pennsylvania. 5. On or about June 10, 2002, Petitioner filed an Answer and Counter-Affidavit through an attorney in Puerto Rico stating that she wanted to file an economic claim for alimony. 6. Petitioner subsequently obtained representation in Cumberland County, ~ Pennsylvania at the Family Law Clinic, which provides free legal services to those who qualify. The Family Law Clinic entered its appearance in this matter on July 22, 2002. 7. petitioner is unemployed and receiving public assistance in the form of food stamps and public housing. 8. Petitioner currently receives child support from Respondent in the amount of one-hundred and ninety-eight dollars per week and an additional five dollars per week for arrearages, under a new order. 9. Petitioner was not employed during the course of the parties marriage or since the separation of the parties. The parties agreed that petitioner would stay at home and care for the parties' children. 10. petitioner does not have a college education or any other post-high school training. 11. Respondent is employed and is financially able to provide for the reasonable needs of the petitioner. 12. Petitioner requires reasonable support to adequately maintain herself during the divorce proceeding, in order not to be placed at a financial disadvantage. 13. Petitioner has incurred counsel fees in Puerto Rico along with other costs and expenses in defending this action and prosecuting her claim. 14. Petitioner believes that Respondent has the financial means to pay the counsel fees, costs and expenses of Petitioner. 15. petitioner requires an award of alimony pendente lite to adequately maintain herself and remain on equal footing with Respondent during the pendency of the divorce proceeding. WHEREFORE, Petitioner requests that the Court enter an award of reasonable alimony pendente lite. Date Respectfully submitted, L[ah M. DdvenlJort ' ! - ' Certified Legal Intern ROBERT E( p~/~S THOMAS MYPLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · NO. 02 1609 CIVIL TERM · IN DIVORCE ORDER OF COURT AND NOW, this 1/' day of Oc~,~ the parties, it is .~. HEREBY ORDERED AND DECREED that, ,2002, upon stipulation of the terms, conditions and provisions of the attached Stipulation for an Agreed Order of Exclusive Possession of the Marital Residence are adopted as an Order of Court as if set forth herein at length· BY THE COURT: ViN~/A3,kSNI'4~d PR*"IPFRTY SFTTI I::MFNT AGRFF:_MI::NT THIS AGREEMENT, Made this ~:,~?~/'L day of ~~,~_, 2002, by and between DAVID E. MRKSIC, hereinafter referred to as "Husband", and KATHRYN W. MRKSIC, hereinafter referred to as "Wife". WITNESSETH: 1993; and WHEREAS, Husband and Wife were lawfully married on February 6, WHEREAS, two children were born of this marriage, namely, Nicholas, born August 19, 1995 and Dylan, born December 7, 1998; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of 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 for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Debra D. Cantor, and Wife by her attorney, Sandra L. Meilton, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party shall at all times keep the other informed of his or her place of residence, and shall promptly notify the other of any change, giving the address of the new place of residence. Neither Husband nor Wife shall alienate nor attempt to alienate the affections of the children from the other party. 2. PF R._C::('3 ~!A RIGHTS_. 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 may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIF:F'R Wife represents and warrants to Husband that since their separation on April 3, 2002, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HI_I$~A_NI'~'S F)FRT$: Husband represents and warrants to Wife that since their separation on April 3, 2002, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. - 2 - 5. OI-ITSTAIMOIKI~ -IOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: l')~-8_e-ri,ntion of Debt Countrywide Home Loans Wife Wife agrees to pay the outstanding joint debt as set forth herein and further agrees to indemnify and save Husband harmless from any and all claims and demands made against him by reason of such debts or obligations. 6. MI ITl IAI nEI EASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach 6f any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. Fi'IIIITARi F DISTRIRIiTiOM OF MAR!T~.I PROPFRTy_ The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 3501 et. s~-q_, and taking into account the following considerations: the length of the marriage; the fact that it is the first marriage for Wife and the second marriage for Husband, the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the - 3 - acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. 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 effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. I~!-qTR!RUT!C~N OF PERSONAl_ PROPERTY: Except as may be otherwise provided herein, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, except as set forth in Exhibit "A" attached hereto, which items shall be distributed in accordance with Exhibit "A", and ~his Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto and as set forth in Exhibit "A". The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other, or which property will be distributed in accordance with Exhibit "A" attached hereto. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Except as may be otherwise provided herein, Husband and Wife shall each be deemed to be in the possession and control of his or her own individual pension or other employee benefit plans or retirement benefits of any nature with the exception of Social Security benefits to which either party may have a vested or contingent right or interest at the time of the signing of this - 4 - Agreement, and neither will make any claim against the other for any interest in such benefits. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Wife shall agree to a time certain for Husband to retrieve his personal property set'forth on Exhibit "A" within thirty (30) days from the date of execution of this Agreement. B. DISTRIRI ~T!(3N OF RFAL I::$TATE: (1) Ma~aLJ~e~a _ The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as 29 Sherwood Circle, Enola, PA 17025 (hereinafter referred to as "Marital Residence"), subject to a mortgage with Countrywide Home Loans, The parties agree as follows with respect to the Marital Residence: (a) At the time of the execution of this Agreement, Husband shall execute all documents necessary including a deed, prepared at Wife's expense, to transfer all his right, title and interest in the Marital Residence to Wife subject to the mortgage and shall deliver said documents to Wife's counsel who shall deliver the deed as provided herein. Thereafter, Wife shall be the sole and separate owner of the Marital Residence. (b) Husband agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence regardless of when the same shall have been incurred including, but not limited to, mortgage, taxes, insurance premiums and maintenance and Wife shall keep Husband and his property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Husband's ownership interest in said property. Wife shall, within ninety (90) days of the date of execution of this Agreement, take all steps necessary to apply to obtain a new mortgage on the property so as to have Husband completely and fully released of any and all liability he has on the mortgage. (2) Ra~s~o~~ _ The parties acknowledge that they are the owners, as tenants by the entireties, of certain real property known as seasonal vacation property on Shady Maple Road in Broadtop, PA 16621 (hereinafter referred to as "Raystown Cabin"). The parties agree as follows with respect to the Raystown Cabin: (a) At the time of the execution of this Agreement, Wife shall execute all documents necessary including a deed, prepared at Husband's expense, to transfer all her right, title and interest in the Raystown Cabin to Husband and shall deliver said documents to Husband's counsel who shall deliver the deed as provided herein. Thereafter, Husband shall be the sole and separate owner of the Raystown Cabin. (b) Wife agrees that as of the date of execution of this Agreement, any and all title policies and any other policy of insurance with respect to the Raystown Cabin shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (c) Except as otherwise provided herein, commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Raystown Cabin regardless of when the same shall have been incurred including, but not limited to, taxes, insurance premiums and maintenance and Husband shall keep Wife and her property, successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense including attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in said property. The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PFN.~!nN_ ANn RETIRFMI=NT PLAN: The parties agree that at the date of separation, the following 401 (K) and IRA accounts were in existence: Asset ZitJed_O_vv4~z Best of America, Group Pension Fund Wife John Hancock IRA Wife Berger Funds IRA Wife Account No. 01993330785 Prudential Financial Roth IRA Wife Account No. 044-R64319 Berger Funds IRA Account No. 01993899544 lNG Aetna Financial Services 401 (K) Acct. //1914646222303MT Prudential Financial Roth IRA Account No. 044-R63304-36 Husband Husband Husband Wife shall transfer funds from her John Hancock IRA, Prudential Financial Roth IRA and her Berger Funds IRA in the total amount of 916,000.00 to an IRA account with Dean Wtter to be specifically identified by Husband through the use of a Qualified Domestic Relations Order. The expense incident to the preparation of the Qualified Domestic Relations Order shall be paid by Husband. Except as provided herein, Husband and Wife shall each be deemed to be in the possession and control of the balance of the accounts listed herein. Except as provided herein, Wife shall retain the 401(K) and IRA accounts in her name as noted above and Husband agrees to waive all of his right, title and interest to Wife's said accounts and to sign any and all documents necessary to enforce this provision. Husband shall retain the 401(K) and IRA accounts in his name as noted above and Wife agrees to waive all of her right, title and interest to Husband's said accounts and to sign any and all documents necessary to enforce this provision. - ? - 9. I!FF I~R[_J~l~ POI ICfES: Husband and Wife each possess Prudential term life insurance policies that have no cash surrender values. Each party shall become the sole owner of their own policy and each party waives any right, title or interest to the other party's said insurance policy. 1 0, MOTOR VFHICI PS: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 1990 Audi shall become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 1988 Chevrolet truck shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c) the titles to the said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 1 1. REP. RFAT!F~NAI \/FI-IICI ES: The 1994 Fourwinns boat and the 1994 Yamaha four wheeler shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances. It is further agreed that the 1986 Yamaha 80 four wheeler presently titled in Husband's name shall be held for the parties' son, Nicholas, and remain as the property of Nicholas. The parties agree that it will be their joint decision if this four wheeler is to be sold at some point in the future, as well as their joint decision as to what to do with any proceeds of sale. For and in consideration for the promises and covenants set forth herein, Wife shall pay to Husband the sum of Twenty Thousand (920,000.00) - 8 - Dollars at the completion of the refinancing of the mortgage currently existing on the marital residence as provided for in paragraph 7B above. 13. r:.H!~n .qlJPPORT: Wife shall waive the receipt of child support for a fifteen (15) month period beginning with the signing of this Agreement in return for Husband's waiver of his right to spousal support, alimony and alimony pendente lite. In further consideration for Husband's waiver of spousal support, alimony and alimony pendente lite, Wife agrees that after the expiration of the fifteen (15) month waiver provided for in this paragraph she shall voluntarily reduce any child support awards by $150.00 per month. The amount of support owing by Husband to Wife for the support of the parties~ two children shall be determined pursuant to the Pennsylvania Family Support Guidelines and we shall agree to have the Order entered for $150.00 less than the Guideline amount. In the event that Wife files for and obtains a Child Support Order during the fifteen (15) month waiver period or in the event that Wife refuses to have the monthly child support award reduced by $150.00 per month as provided herein, Husband shall be awarded alimony in the amount of any child support award entered contrary to this Agreement. In the event that Wife becomes disabled or suffers an involuntary loss of employment, then she may seek child support during the fifteen (15) month period without an alimony award being granted to Husband. Further, in the event of her disability or involuntary loss of employment, then she may seek to avoid the $150.00 monthly reduction without the implementation of the penalties. 14. Al !MONIy: With the exception of the penalty provision provided in paragraph 13 above, both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. - 9 - 1 5. ALIMONY PFI~_I~I=IXITF I ITF, c-nUN~FL FFFS, ANr~ I=~pFNsF.c;: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 16. !NCr~M_ F TAxX PRIOR RI=TI The parties agree that they 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. 1 7. WA!VI:RR OF (t. LA!MS AGAINST ERTATI=:S: 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, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 1 8. MI_ITl lA/CON,~F~,~T ~\/ORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both l0 - consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to execute consents or affidavits and waivers contemporaneously with the execution of this Agreement and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 19. FFFFCT flF RI:CONCIlIATION OR This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect reconciliation, cohabit as husband and wife or attempt to effect reconciliation. 20. RRI:=ACN ANI~ I::~IFOR~_.I=MFNT: 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, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. AI~IhlTIONA/ !FJSTRI IMFNTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. - 11 - 22. T_A~_ A I'~\/! ~_.1::: 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 Agreement. Further, neither party has been given any tax advice whatsoever 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 acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 23. v(~LI The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. FNTIFIF AGRF~ME_NT: 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq_ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to - :3.2 - seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 25, I")l.qP.I Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court of competent jurisdiction. The respective parties do hereby acknowledge, recognize and accept that there has been full and fair disclosure to the other of his or her assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of the marital assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators and assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 26. Mf~I')IFI('t. ATION AIXID W,~i\/Fi-[: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon 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. - 13 - 27. PRIOR _~GRFFMFNT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect, 28. 1'3F-~CRIpT!\/F FtFA r")ii,,JGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties, 29. INI3PpENII'3F:NT SFP_ARATI= ¢.©\/FN.ANTS.. 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 covenant and agreement. 30. APPI !¢.ARI I:: I I~W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. MJ:~:)J2LALL~F_S: 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. 32. AC~REFMFNT RIl~ll'blkl¢~ Oltl HI:II{S: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. - 14 - SS. P. ON.~TRI_IP_.TIO~.: No provisions of this Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. / -- ¢ ~ ~/~~ h~r'~ .n~/~'~'~ ~~'--' (SEAL) ~ -~?~'~-"~-'~ Y' ~i(/. Mr ks it (SEAL) - 15 - COMMONWEALTH OF PENNSYLVANIA ) F~ ( SS: COUNTY O ) On this, the '~C~ day of ~/,.O.3 , 2002, before me, a Notary Public, the undersigned officer, pe-~onally appeared Kathryn W. Mrksic, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i' Notar a Seal Pauline Patti Thomas, Notary Public Harrisburg, Dauph n County · My Commission Expires Mar. 24.2_ 303 COMMONWEALTH OF PENNSYLVANIA ) ( SS: ) On this, the '~. day of (~0j(~ , 2002, before me, a Notary Public, the undersigned officer, personally appeared David E. Mrksic, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public 49102.1 HOTARIAL SEAL ELLEN ROSENBLOOM, Notary Public City of Harrisburg, Dauphin County ~'ly c'~!.o_o ~xpires M~y 8, 2003 EXHIBIT "A" Wife shall retain the following: Marital residence (including hot tub) Wife's vehicle - 1990 Audi 50% of kitchen supplies (jointly determined) Lawn/gardening tools currently located at the marital residence All items in marital residence and garage not identified below being retained by Husband Husband shall retain the following: Raystown Cabin Husband's vehicle - 1988 Chevrolet truck 1994 Yamaha Four wheeler All camp equipment at the Raystown Cabin 1994 Fourwinns Boat Computer desk, hutch, chair Sofa and love seat 4 Piece end table set Black entertainment center 27 inch TV/Kenwood Stereo/VCR Green gun safe and guns Hunting cabinet Workbench/shelves/tools White lawn furniture Gas grill Green recliner 50% of kitchen supplies (jointly determined) Freezer (if it can be removed without damaging the house) Kitchen chairs (4) Wheelbarrow Husband's personal items in the attic and in the storage utility room of the basement at the marital residence. "Personal property" does not include furniture or items of that nature and is limited to Husband's books, papers and clothing and items of this nature. KATHRYN W. MRKSIC, Plaintiff, DAVID E. MRKSIC, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-1609 CIVIL TERM : 2002. AFFIDAVIT OF CONSENT A Complaint in divorce under section 3301(c) of the Divorce Code was filed on April 3, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: ~-~'David E. Mrl(sic KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1609 CIVIL TERM 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 ifI 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. § 4904 relating to unsworn falsification to authorities. DAVID E MRKSIC KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1609 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT April 3, 2002 2. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities. Date: KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-1609 Civil Term : 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 dghts 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. Kathr~n W. Mrksic u 54128.1 KATHRYN ~. MRKSIC VS. DAVID E. MRKSIC, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02-1609 CIVILTERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: on April 11, 2002. Acceptance of Service by counsel Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 10/30/02 ; by defendant 10/29/02 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None. 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 10/31/02 (mailed to Prothono~-a*'y on 10/30/02) Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 3.0/31/02 (m,~-i led to Prothonotary on 10/30/02) A~-or ney- fo r F;laintiff IN THE COURT OF COMMON PLEAS CF CUMBERLAND COUNTY ST/~TE OF ~~~. PENNA. KATHRYN ~. MRKSIC NO. 02-1609 CIVIL TERM VERSUS DAVID E. MRKSIC DECREE IN DIVORCE AND NOW, //,,/~,~.. 3'"'"* , 2002 DECREED that KATHRYN W. MRKSIC AND nA~ZT_T~ ~.: ~TC ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND __, PLAINTIFF, , DEFENDANT, 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; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Property Settlement Agreement made and entered into by the parties on October 29, 2002, are incorporated into this Decree by reference thereto, but not mcr~c~ into tkis Docroc. BY THE/~OURT: / PROTHONOTARY In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DAVID E. MRKSIC ) Plaimiff ) %rS. ) KATHRYN W. MRKSIC ) Defendant ) Docket Number PACSES Case Number Other State ID Number 02-1609 CIVIL 289104820 CONSENT ORDER AND NOW, to wit on this 9TH DAY OF APRIL, 2003 IT IS HEREBY ORDERED that the (~) Complaint for Support or O Petition to Mpdify or O Other filed on SEPTEMEER S, 2002 in the above captioned matter is dismissed without prejudice due to: THE PARTIES NOT PURSUING THE MATTER THROUGH THE DOMESTIC RELATIONS SECTION AND SETTLING THE MATTER. O The Complaim or Petition may be reinstated upon written application of the plaimiff petitioner. xc: RJ Shadday plaintiff defendant Sandra Meilton, Esquire Joanne Clough, Esquire Service Type BY THE COURT: ~evin A. Hess JUDGE Form OE-505 Worker ID 210 0 5 KATHRYN W. MRKSIC, Plaintiff V. DAVID E. MRKSIC, Defendant : 1N THE COL~T OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1609 CIVIL TERM : IN DIVORCE AND NOW comes Defendant David E. Mrksic, by and through his counsel REAGER & ADLER, PC and petitions this Court as follows: 1. The parties were formerly Husband and Wife, and are subject to a Property Settlement Agreement dated October 29, 2002, which is attached hereto as Exhibit "A." 2. This Property Settlement Agreement was incorporated but not merged into the Divorce Decree, which was entered by this Court on November 5, 2002. 3. Pursuant to the terms of the Property Settlement .Agreement, Wife waived entitlement to the receipt of child support for a 15-month period. 4. Pursuant to the terms of the Property Settlement Agreement, in the event that Wife filed or obtained a child support Order within the 15-month waiver period, said Order would be offset my an award of alimony in an mount equal to the child support award entered. 5. On July 23, 2003, Kathryn W. Mrksic flied a Petition for child support in direct breach of the Property Settlement Agreement. 6. Pursuant to Paragraph 20 of the parties' Property Settlement Agreement, in the event that either party breached any provision of the agreement, that party would be held responsible for all legal fees and costs incurred by the other in enforcing his/her fights under this agreement. The terms of the Property Settlement Agreement allow Defendant to petition for alimony in the event a child support award is entered. 8. A child support conference is scheduled for September 30, 2003. WHEREFORE, Defendant requests this Honorable Court to appoint a Master to enter an Order for Alimony and Counsel Fees and Costs. Respectfully submitted, REAGER & ADLER, PC o 'rotor, Esquire 233~ Market Street Camp Hill, PA 17,911 (717) 763-1383 Attorneys for David E. Mrksic I hereby certify that on the date set forth below a tree and correct copy of the foregoing Petition for Alimony, and Counsel Fees and Costs was served on the following individuals via United States First Class Mail, postage prepaid as follows: Katbryn Mrksic 26 Sherwood Circle Enola, PA 17025 ~A o~gj:ae"~, ~;378 2331 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for David E. Mrksic KATHRYN W. MRKSIC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 1609 CIVIL DAVID E. MRKSIC, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this/~., ~ day of , 2003, the parties having previously been divorced on November 5, 2002, and it appearing that the issue involves the enforcement of a property settlement agreement dated October 29, 2002, regarding alimony and child support issues, the appointment of the Master is vacated. BY THE COURT, Cc: /~_andra L. Meilton Attorney for Plaintiff j~bra A. Denison Cantor Attorney for Defendant KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1609 CIVIL TERM : IN DIVORCE AND NOW this g$r day of .P ,-t~'ti27;~-~ ,2003, argument on the Motion for Enforcement of the Marital Settlement Agreement is set for Monday, September 29, 2003, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT KATHRYN W. MRKSIC, Plaintiff DAVID E. MRKSIC, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-1609 CIVILTERM : : IN DIVORCE ORDER AND NOW, this "'~ ~' ~ day of ~_..~_~~, 2003, upon presentation and consideration of the Petition to Withdraw as Counsel, it is hereby ORDERED AND DECREED that Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. are granted leave to withdraw as counsel for Plaintiff in the above captioned matter. BY THE COURT: Distribution: .,8'andra L. Meilton, Esquire, P.O. Box 889, Harrisburg, PA 17108 J;~bra A. Denison Cantor, Esquire, 2331 Market Street, Camp Hill, PA 17011 vKathryn W. Mrksic, Plaintiff, 29 Sherwood Circle, Enola, PA 1'7025 O(J.30'O;5 ~NVA'~A~NN-9~5 A.WIN09 "' ~ ~ '" KATHRYN W. MRKSIC, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-1609 CIVIL TERM : DAVID E. MRKSIC, : Defendant : IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR ALIMONY. COUNSEL FEES AND COSTS TO THE PROTHONOTARY: Please withdraw Defendant's claim for alimony and counsel fees and costs in the above captioned matter. Camp Hill, PA 17011 (717) 763-1383