Loading...
HomeMy WebLinkAbout02-1813 PAUL E. ZIONKOWKSI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1'1/J CIVIL TERM TARA S. ZIONKOWSKI, Defendant 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 2 Liberty Avenue 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. PAUL E. ZIONKOWKSI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-/f/) CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OF 11!E DIVORCE CODE NOW comes the plaintiff, Paul E. Zionkowski, by his attorney, Marcus A. McKnight, ill, Esquire, and files this complaint in divorce against the defendant, Tara S. Zionkowski, representing as follows: I. The plaintiff is Paul E. Zionkowski, an adult individual residing at 18 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Tara S. Zionkowski, an adult individual residing at 50 Brian drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 10, 1987, in Dunnellen, New Jersey, and separated on March 16,2002. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There was three (3) children born to this marriage; namely Christopher Matthew Zionkowski, born August 26, 1988, age thirteen (13) years; Brad Steven Zionkowski, born January 14, 1991, age eleven (11) years; and Kelly Marie Zionkowski, born October 8, 1995, age six (6) years. 7. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The plaintiff avers that he 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 demands judgment dissolving the marriage between the two parties. By: Date: April 10, 2002 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint 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. ~ Date: April 10, 2002 PAUL E. ZIONKOWKSI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2002- CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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: April 10, 2002 C5 ~ f ~ g a -05:: N 0 met:; ;::". ~r'! l ..".n1 ....1J z:Xj :;;0 "- ~ (f)~ l-> :::$ .'0" N ~ -l> ~fS ....c... ~ ~o ;r;.. -- ~ ;>0 -~ c: ..." ;z >" =< aT @ -.I PAUL E. ZIONKOWSKI, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, DefendantIRespondent IN CUSTODY PETITION FOR CUSTODY AND NOW, this 16th day of April 2002, comes the Petitioner, Paul E. Zionkowski, for, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Custody. 1. The petitioner is Paul E. Zionkowksi, an adult individual residing at 18 Terri Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Terri S. Zionkowski, an adult individual residing at 50 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of three minor children, namely, Christopher Mathew Zionkowski, born August 26, 1988, age thirteen (13) years; Brad Steven Zionkowski, born January 14, 1991, age eleven (11) years; and Kelly Marie Zionkowski, born October 8, 1995, age six (6) years. 4. The petitioner desires shared physical custody and joint legal custody of Christopher Matthew Zionkowski, Brad Steven Zionkowski, and Kelly Marie Zionkowski. 5 The best interest ofthe children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking shared physical custody and joint legal custody of Christopher Matthew Zionkowski, Brad Steven Zionkowski, and Kelly Marie Zionkowski. Respectfully submitted, By: e Date April16, 2002 VERIFICATION The foregoing Petition for Custody is based upon information which has been gathered by counsel and myself in the preraration of this action. 1 have head 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. KI Date: April 16, 2002 4""-~''''f"'''''"- >- ~ w0 &?(s 1..1-_" C);-~: , 6~< l.ql. IT.' 1.1. () "I ~ ~ "7 ~~ C);( -,; C~~ ,',-" CO ~i.?~ LULU ;'}'1 (1.. ::'.) C> it I \ ~ \ . ~ "<,.:_- "'-- 0;) C~ (.1_ "'" '" c::> ~ ..:os ri, ~ ~ - ~ i ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRINT-O-STAT Plaintiff No. 02-608 Civil Tenn vs. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant MOTION TO DISMISS APPEAL COMES NOW, the Plaintiff, by its attorneys of record, Blakey, Yost, Bupp & Rausch, LLP, and files this Motion to Dismiss Defendant's Appeal, and in support thereof states as follows: I. Plaintiff is Print-O-Stat, Inc., a corporation with offices at 5020 Ritter Road, Suite 210, Mechanicsburg, PA 17055. 2. Defendant is Advanced Mechanical Construction, Inc., a corporation with offices at 503 North 12th Street, P. O. Box 1533, Altoona, PA 16601. 3. Plaintiff filed its Complaint against Defendant in the Office of District Justice Charles A. Clement, Jr., on November 5, 2001. 4. The case was heard by the District Justice on January 7, 2002, andjudgrnent entered against the Defendant and in favor of the Plaintiff 5. On February 4,2002, Defendant filed a Notice of Appeal with your Honorable Court but failed to have a Rule entered upon the Plaintiff to file a Complaint pursuant to Pa. RC.P.DJ. Rule 1004(B), and instead filed a Rule upon itself. A copy of the Notice of Appeal is attached as Exhibit A. 6. Pursuant to Pa. RC.P.D.J. 1004(B), if the appellant fails to file a praecipe requesting the Prothonotary to enter a Rule as of course upon the appellee to file a Complaint within 20 days after service of the Rule, he shall suffer entry of a judgment of non pros. 7. Pursuant to Pa. RC.P.D.J. 1006, upon failure of the appellant to comply with Rule 1005(B), the Prothonotary shall, upon praecipe of the appellee, mark the appeal stricken from the record. 8. The appellant has failed to comply with Rule 1005(B) in that appellant has not filed proof of service of a Rule to file a Complaint as required by Rule 1004(B). 9. On February 19, 2002, Plaintiff's attorney mailed to Defendant a Notice stating that no Rule to File Complaint had been entered. A copy of that Notice is attached as Exhibit B. 10. No response to Plaintiffs Notice was ever received. 1 I. Plaintiff has attempted to contact Defendant at Defendant's place of business via telephone number (814) 941-0590, which number has been diSconnected. 12. Plaintiff has attempted to contact the person who filed the Notice of Appeal, R Matthew Akins, but has been unable to locate him. 13. Plaintiff avers that Defendant did not proceed according to Pennsylvania Rules of Court and, therefore, the Appeal should be dismissed and Plaintiff's jUdgment should prevail. WHEREFORE, Plaintiff prays your Honorable Court to enter a jUdgment of non pros against the Defendant, and order that the Judgment entered by the District Justice shall remain. Respectfully submitted, BLAKEY, YOST, BUPP & RAUSCH, LLP By: P y V. Ay upreme Ct. I. . #8 51 Attorney for the Plaintiff 1 7 East Market Street York, PA 17401 Telephone (717) 845-3674 Fax No. (717) 854-7839 Exhibit A ::~ .'. . . ':"'~':"A;_..}.~' .,~ ,.~~;':::"'"i':','-%~!~.~~~~m~ RULE, T..Advaftced a.Clrilnlcal Conat. r.Nc.,app.IIe.(s~" ' '_'.' ',' .,.,; ,<";i:,:',,':"-:";~';" . ,:'_, ~jiff~~.~;';:~~~~~~i;~j<. '12JIf you do nodt~ii~~ ;;;,;., a JUoGMeNT Q,: NoN PROS W1U BE ENTERED AGAINsr YOU. " " .~'\.. ,.'t'ldo'Ii'jI: >(: .'1 '.,~~, _ _ '. . . . 13J The ~~ of:!hi.' "'" "it:.r:yJ>~ by man is .;;. date' Of "",,1ing. .', ' !\- ~ f!J i >' c.. _.\....,:"~o ...~' ~. ;"./J ,:p') ~'!"'1 _ ~- ~ .DaIe: J-.c:' ~ 'f?'; '/W~~; "Lt':, . :.: ''''-:2 '.~b,., ~.~ c.',.. A-iI!.4h.... r ',[ , . ':- ,:.( -t .;t:.....::;.i~~>i:i,x-t.i. ',2~.':~"'-" "..~,:.' '.':'-.",'_ ;_~ ,...' '." ~~,Ji1otJ"~,,ar~ - '~""it>>it "~1'if~.,-!~,1lt~,",~- "',,-,~"~ .'.\.,".. ,."" .: .' ~.:""",o{. "'-"~.'~:"~""'l:;t;k ,,;,,,,~~""~"h..,',,, .: ,::. : ~~'.~>\::,~'it~~l>':::;.1\~j;i; ~.{: ~:t::'.; ;;:=~,~'::' ;;~;:::~.. X:,,/. ::.,;~':.: . ;~i;;.~~;;..:.<i.'::'~~,\:o~;,:;;; ,': '. ");~::-,:;~~}y;~;;;9.: ' t ,,-~ ~ ;:'~.~r~<"'~". ,...'~''i ';'l-~4"~ ,; ," .,." ,: ,.\ :,1? <, "'"J~'~"'" ,~_ : ,\ '... " ~:' ''''~'''''''' '. ',-1 -": I, ~+1o(-~If~~~~',V;;{..' ~ .; ::'.: . .~,; : ,~ .".-, A:~~7~;~ ,~~;;~~~:.~ "., -~~ ~:~">l-~ ::\~>:~~j. r, I:;".,t;."(.:.~'~ .:,:"":'~ > ::,.. .' .', ~~~->~_ -:-t ~,~'.'.;,:;~l"\: "'. '::~:~ <,: ;/~~'~:~::,~.: " J~""... _ti~"-::~_";-"'."'.f:-~ ~",,,~,,,'~'tftr~tt~:.~::,.~-:. .tJ..'''3~";i,;''1j'''.. ~.j.. '~tl'l-;:l.,,,,,,:,"l'..,,,, '~'..~l"~f"..,,:~,;,e.;.\"~'I, -:~,.,,'.'t~~d'~Itl"""""'H~1..1&l"'~ .::i it'~),i'~'-'" <,' .... ...... ....,~~~:c ''''':'.;' .~\.' ';';1:;:";~ "'~~];:S:;0r';'~;;i~i~;<:;$~i t_! , .' . '~~~'~I)~;;~:?,~" i,;\""A:; :'j;~'~:,.;:i~;r;W:~\;s,. , -".,: :.': ;:':"CV:'.:'~~:"~':";"W4"~.-,.r,7;~""":~.'::;C ~.. ;':.::: '. :::.'; ::';~ "';;::'l,;"~;}t'':;-;'., r.,;.:'}t' ~~'i::.~.. ...... " .. . . ~.~:iL~.;..t#~L'",,",JjW. I~~' l:." ';,:''''''''-~''7:'~iii'""_"~",,,-~,_,'i!~~,! '<:""""~Tl"l-]f""?~:' . ~" ..;., l} . .-. . , .- ''>c.t'; ~ " AOPC 312-90 COPY TO BE SERVED ON APPELLEE Exhibit B IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PRTh'T-O-STAT Plaintiff No. 02-608 Civil Term vs. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant TO: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 West 12th Avenue Altoona, P A 16601 DATE OF NOTICE: February 19, 2002 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A PRAECIPE TO ENTER RULE TO FILE COMPLAINT AGAINST THE PLAINTIFF IN THIS CASE. UNLESS YOU ACT WI'I:1iThl TEN DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR RIGHT TO DEFEND TIllS ACTION AND THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWIN'G OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Court House Carlisle, P A 17013 Telephone (717) 240-6200 BLAKEY, YOST, BUPP & RAUSCH, LLP By: IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA crvTI.. ACTION - LAW PRINT-O-STAT Plaintiff No. 02-608 Civil Term vs. ADVANCED MECHANICAL CONSTRUCTION, INC. Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day causing a copy of the foregoing document to be served on the following person in the manner indicated: By Certified Mail, Return Receipt Requested on: R. Matthew Akins Advanced Mechanical Construction, Inc. 503 North 12'h Avenue Altoona, P A 16601 BLAKEY, YOST, BUPP & RAUSCH, LLP By: ~~~ ~fl e-p ~rma M. 011, Paralegal Dated: February 19, 2002 PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE AFFIDA VIT OF SERVICE OF COMPLAINT PURSUANT TO PAo RoC.Po RULE NOo 1920.4 (a){1)(i) COMMONWEALTH OF PENNSYLVANIA 5S: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, 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 in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant on April 15, 2002, by certified, restricted delivery mail, addressed to her at 50 Brian Drive Carlisle, Pennsylvania 17013, with Return Receipt Number 70001530000246935236. 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 . C. S. ion 4904, relating to unsworn falsification to authorities IGHT, III, ESQUIRE tiff Date: April 17, 2002 T ..D m ru U1 m IJ"' ~ Certified Fee ru Return Receipt Fee CI (En_Requlrod) CI __ C1(Endol8em'" C 1btl!lI Poet8ge & Feu m U1 .-'l ",I III .-,,1 a ent 1:;n'1 0 ",l, MS TARA S ZIONKOWSKI 1;:i, :i i CI ~'iiPtftiao-~E"""''''''''''''''lmr-'m'-''7tir- CI ~ I'M' __._.~ I- e ~--- -PA..- ~'S:''=-''''_._..._..~..,f.'.Y'''.".rif.''.'If'-..''''...- r- City, . PS For III 3f for IIl~tr uctlons . ~~,.2.8Ildf.AIIo,*,1IJII1I ll8m 4 W IIIdlllllvwy Ie_. . Print your _ 8Ild ~ on thll_ IOthlllweCM .....,.,1heCMI to you. . Alhlch lhla _ to thll *" of thll maIIpIec8, or on thllll'Clnt W .,.. pennila. 1.__10: MS TARA S ZIONItOWSKI 50 BRIAN DRIVE CARLISLE PA 170!3 3. -1Wle I!~_ OEllpMo_ o ~ .11..<1 1S1lolum--.,.""Mol__ 0__ OC.O.D. .. '-lJlod o....y, i&lN ,.... II 'IlII 2.__ ~""'"-~ PS Form 3811, Morch 2001 70001530 0002 4693 5236 --....... ______~'m_.,~ ,'.i. \. ..~,~ 102595-01-M-1~4 (.) 0 0 C N -q ;;: ... -alA.; -0 :JJ rrlfT1 XI I:::: Z:1:' ',:.!..; Z(; (X> .'':::'~ CO-:,;; '~_1~ ~t~ 2/" :<;CJ "'t., ~o :;.:. I..~('=) ~2 - tsrn .. g ~ N -< '~r _. ,.,,,,,,.. -,--... . " . - PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. ZIONKOWSKI v. 02-1813 CIVIL ACTION LAW TARA S. ZIONKOWSKI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Monday, April 22, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, May 17, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Rellef orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Jacqueline M. VernlO'. Esq. ",'vY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE 1HE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ('cl. ct>. h ~ rJ. E:(>.IJ ~O~1t \I1N'i^lASNN3d AlNn08 Oi\:V1tl38V"InCl 9'1 :2 \,ld 82 C\dV 20 .~ ~.fp "!' ~ iruv .IIP~ ~ ~ ~vU( p ~ ~ 4, --;n; .. . PAUL E. ZIONKOWSKI, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant/Respondent : CIVIL ACTION - LAW : IN CUSTODY RESPONDENT'S ANSWER TO PETITION FOR CUSTODY AND NOW, comes the Respondent, Tara S. Zionkowski, by and through her attorney, Thomas S. Diehl, who represents the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. This is a conclusion at law to which no response is necessary. 5. This is a conclusion at law to which to response is necessary. NEW MATTER 6. Paragraphs I through 5 are incorporated herein as if set forth in their entirety. 7. The Respondent is the natural mother of the children. 8. The parties were married on October 10, 1987, and accordingly the children were born in wedlock. 9. For the past four years, the children have resided with the following persons at the following addresses for the following lengths of time: NAMF Tara Zionkowski AnnRF~~ 50 Brian Drive Carlisle, P A nATF~ March 28, 2002 to present NAMF Tara Zionkowski Paul Zionkowski ADDRFSS 50 Brian Drive Carlisle, P A DATFS 1997 to March 28, 2002 10. The natural mother of the children is the Respondent, who resides as foresaid. She is married. I I. The natural father of the children is the Petitioner, who resides as foresaid. He is married. 12. The relationship of the Petitioner to the children is natural father. It is unknown whom the Petitioner currently resides with. 13. The relationship of the Respondent to the children IS natural mother. The Respondent currently resides with the children. 14. The Respondent has no information of a custody proceeding concernmg the children pending in any Court of this Commonwealth outside of this present action. 15. The best interest and permanent welfare of the children would be served by granting the requested relief as the Respondent is better suited to provide a stable environment and foster the children's well being. 16. The Respondent does not know of any person not a party to this proceeding who claim to have any custody or visitation rights with respect to the children. 17. The Respondent desires and is requesting permission of the Court to relocate with the children to establish residence in Armstrong County, Pennsylvania. 18. Among the reasons why the Respondent desires to relocate are as follows: (a) Except for three months in 1993, Respondent has not been employed throughout the parties' marriage, and has limited contacts in the greater- Carlisle area. (b) Respondent's immediate and extended family resides in Armstrong County, Pennsylvania and would provide a helpful support structure. 19. The children's best interest and permanent welfare would be significantly improved by permitting the Respondent's relocation. WHEREFORE, the Respondent respectfully requests this Honorable Court to grant the Respondent's request for relocation. Respectfully submitted, Date: --- :J-V~J~ (:;tV Thomas S. Diehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 CERTIFICATE OF SERVICE I hereby certify this 6th day of May 2002, that a true and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: Marcus A. McKnight, III, Esquire Attorney for Petitioner 60 West Pomfret Street Carlisle, PA 17013 ~~ By . ~ L K~erly L. o~~ Legal Assistant VERIFICATION I verify that the statements made in the foregoing document 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. ~l~ TARA S. ZIONKO KI, Respondent -c n"'! z ./.,". (.? .:::- ,:.,.. i ..:::'- /-" --, ~. . '~3 ...~ C-:l f'-,) :!!:. ~~... -< I 0-' o --I"t ,--n ....:'1'1 ._ ,..~ ,'.-1 ;, "-'" .)\~~) ;h[~ :.:::. -..,...,... 5:J .< .~7""~ ;-.....) :......) CD MAY 2 3 2002 '[> PAUL E. ZIONKOWSKI, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW TARA S. ZIONKOWSKI, Defendant/ Respondent : NO. 2002-1813 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this .JI) ~day of J'l'Uj Y ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A Hearing is scheduled in Court Room No. L, of the Cumberland County Court House, on the LJ-IA day of UU./\/ l.. , 2002, at..La ; .i () o'clock, e. M., at which time testimony will be taken. For purposes of this Hearing, the Father shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Father, Paul E. Zionkowski, and the Mother, Tara S. Zionkowski shall have shared legal custody of Christopher Matthew Zionkowski, born August 26, 1988, Brad Steven Zionkowski, born January 14, 1991 and Kelly Marie Zionkowski, born October 8, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. This Order shall enable both parents to obtain all medical and school records of the children. 4. The parties shall have shared physical custody of the children on the following schedule: A. Father shall have physical custody of the children from Sunday either at 9:30 a.m. or 1 :00 p.m., depending on whether Mother takes the children to church, until Wednesdays after school or Wednesday mornings, when school is in recess, before Father leaves work. Father shall be responsible for transporting the children to and from school during his period of physical custody. . . B. Mother shall have physical custody of the children at all other times unless otherwise specified herein. C. Each party shall be entitled to two (2) non-consecutive weeks with the children provided they supply the other party with 30 days prior notification of the exercise of such time. In the event that either party intends to leave the jurisdiction of Cumberland County, they must notify the other party and provide an address and telephone number where the children may be contacted. 5. Cumberland County shall have and retain jurisdiction over this matter. Mother shall not relocate the children outside of Cumberland County without prior Order of Court. 6. Mother shall initiate family counseling in consultation with Father. Both parties shall cooperate with the family counselor and follow the recommendations of the counselor. 7. The following holiday schedule shall be in effect: A. Father's Day/Mother's Day: Father shall have physical custody of the children on Father's Day; Mother shall have physical custody of the children on Mother's Day, both at times agreed by the parties. B. Thanksgiving: the parties shall alternate the Thanksgiving holiday. Mother shall have physical custody of the children in even numbered years. Father shall have physical custody of the children in odd numbered years, both at times agreed by the parties. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall have Block A in even numbered years and Block B in odd numbered years. Father shall have Block A in odd numbered years and Block B in even numbered years. 8. Father shall be responsible for all transportation ofthe children. 9. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. ~arcus A. McKnight, III, Esquire, Counsel for Father .lhomas S. Diehl, Esquire, Counsel for Mother J. > l~ ..5 -30 -0 ~ -.. I i I \ I \(){'JIj;\lJS;\JN:ld I ! ;'\~0nr-) ('!~,r'l7H:;,GINn') 1'-.1..1 \1 "-' ~-~ "". l, - ',' _. ,~, _, Iv i.U:f; iid or Uil cO ^tJVlOil(J,~C.;'d J-il .:10 3JI::i:I()-GJ7i::i , I i ;,;l , '. PAUL E. ZIONKOWSKI, Plaintiff /Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TARA S. ZIONKOWSKI, DefendantIRespondent : NO. 2002-1813 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christopher Matthew Zionkowski August 26, 1988 Brad Steven Zionkowski January 14,1991 Kelly Marie Zionkowski October 8, 1995 Mother Mother Mother 2. A Conciliation Conference was held May 21, 2002 with the following individuals in attendance: The Father, Paul E. Zionkowski, with his counsel, Marcus A. McKnight, III, Esquire, and the Mother, Tara S. Zionkowski, with her counsel, Thomas S. Diehl, Esquire. 3. Father's position on custody is as follows: Father seeks shared legal and physical custody with Father having physical custody of the children from Sunday to Wednesday every week. Father is opposed to Mother relocating to Armstrong County. The children have lived in this area, attended school and have all their friends here along with strong social and community ties. Father asserts that Mother's proposed relocation is not in the best interests of the children, but only to deny Father contact to the children. 4. Mother's position on custody is as follows: Mother seeks shared legal custody and primary physical custody with Father having the children for most of the summer, Christmas holiday and spring break. Mother wishes to relocate to Armstrong County where all of her extended family resides. Mother has only been employed outside of the home for three months during the fifteen-year marriage. She does not have a driver's license. She is being evicted from the family home and is moving in . . temporarily with a friend. She plans on moving in with her parents in Armstrong County until she can make other housing arrangements. Mother maintains that all of her family support network is in Armstrong County, which is approximately a 4-hour drive from Cumberland County. Mother asserts and Father acknowledges that the oldest child is having trouble coping with the separation and Father's new live in companion. 5. The Conciliator recommends an Order in the form as attached scheduling a Hearing and granting the parents shared legal custody and shared physical custody. It is expected that the Hearing will require one day. ~-;;".2-o ).... Date ~e:;~q~~ Custody Conciliator PAUL E. ZIONKOWSKI, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, DefendantJRespondent IN CUSTODY PETITION FOR MODIFICATION OF CUSTODY AND NOW, this 3rd day of October 2002, comes the Petitioner, Paul E. Zionkowski, for, by his attorneys, Irwin, McKnight and Hughes, and presents the following Petition for Modification of Custody. 1. The petitioner is Paul E. Zionkowksi, an adult individual residing at 90 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent is Terri S. Zionkowski, an adult individual residing at 380 Labor Camp Road, Gardners, Cumberland County, Pennsylvania 17324. 3. The parties are the natural parents of three minor children, namely, Christopher Mathew Zionkowski, born August 26, 1988, age fourteen (14) years; Brad Steven Zionkowski, born January 14, 1991, age eleven (11) years; and Kelly Marie Zionkowski, born October 8, 1995, age seven (7) years. 4. The petitioner desires primary physical custody and joint legal custody of Christopher Matthew Zionkowski, Brad Steven Zionkowski, and Kelly Marie Zionkowski. 5. The oldest child, Christopher Matthew Zionkowski, is temporarily residing with the respondent's parents in Armstrong County at 414 O'Conner Street, Ford City, Pennsylvania 17226. 6 The best interest of the children requires that the court grant the petitioner's request as set forth above. WHEREFORE, petitioner respectfully seeks the entry of an Order of Court seeking primary physical custody and joint legal custody of Christopher Matthew Zionkowski, Brad Steven Zionkowski, and Kelly Marie Zionkowski. Respectfully submitted, By: Date October 3, 2002 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. Date: f)d.,T ~ , ~r-- ~~~ ~ <.)J <....J':. ~ J" - ~ ';--J b"- o () ~,~ "L,lfJ; 01 r~ ~ ..;..:.:. ._~ 7;;'-- ~~~~: !::::Cj ~C., ~(:5 PC- z =< CJ f",,) :-:> (J --I I c..J () "T 1 , ~. -n t,;,) ;:'~ ~j(l"l ~:~ :'0 -< ,,,-, PAUL E. ZIONKOWSKI PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 02-1813 CIVIL ACTION LAW TARA S. ZIONKOWSKI DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 08, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Wednesday, November 06, 2002 at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: Isl Tacqueline M. VernltY. Esq. ~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HAVE AN ATIORNEY 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _~ -4'~ ~~~~~ ~i?W fie' ;!!. ~ ~~ ~w,t;~ ~p i ~4 .~ Vii\!\ii\l),SNfHd I "r0'/~lr., nr:".i'~j=0,^ln'"\ I\..ll'-'i ',_'..' '....1 i ..., '_nil V ..,) :,' !'-: b~ - 1JO 20 Gv ~J f ..~I ^crijlCji.i'.~I'-:L",,~,:::..r .:JQ jJ;=_~jC!-(j311:J c:"O'(? O( l"'cJ'. 6- t?( ~r?6-V'/ NOV 0 6 2002 r PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TARA S. ZIONKOWSKI, Defendant : NO. 2002-1813 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this fA day of ,J~ ,2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Paul E. Zionkowski, and the Mother, Tara S. Zionkowski shall have shared legal custody of Christopher Matthew Zionkowski, born August 26, 1988, Brad Steven Zionkowski, born January 14, 1991 and Kelly Marie Zionkowski, born October 8, 1995. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. This Order shall enable both parents to obtain all medical and school records of the children. 2. The maternal grandparents, Rita and Alphonse Kunst of 424 O'Connor Street, Ford City, Pennsylvania 16226, shall have primary physical custody of Christopher. The parents shall have periods of partial physical custody as agreed by the parties. 3. Father shall have primary physical custody of Brad and Kelly. 4. Mother shall have periods of partial physical custody of Brad and Kelly on alternating weekends to begin the weekend following the transfer of primary physical custody to Father. 5. The following holiday schedule shall be in effect: A. Father's Day/Mother's Day: Father shall have physical custody of the children on Father's Day; Mother shall have physical custody of the children on Mother's Day, both at times agreed by the parties. B. Thanksgiving: the parties shall alternate the Thanksgiving holiday. Mother shall have physical custody ofthe children in even numbered years. Father shall have physical custody of the children in odd numbered years, both at times agreed by the parties. C. Christmas: The Christmas holiday shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Father shall have Block A in even numbered years and Block B in odd numbered years. Mother shall have Block A in odd numbered years and Block B in even numbered years. 6. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. Either party may contact the Conciliator to schedule another Conciliation Conference. J. '~ ~ 11- tJ1.oL. ~, Marcus A. McKnight, III, Esquire, Counsel for Father Thomas S. Diehl, Esquire, Counsel for Mother ..... Vi NV/\lASNN3d I I ~\rnil'-'" n~'.I\.r11-.;:::C:t/;lp1""\ 1\..1..11 I'~~',J ',,,;", ',' '.. _j-,'" lI...} SS:Z JI' ~:l j . ""J """1 L - nur~ GL !li'v'lC PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : CIVIL ACTION - LAW TARA S. ZIONKOWSKI, Defendant : NO. 2002-1813 CIVIL TERM : IN CUSTODY PRIOR JUDGE: Edward E. Guido, J. CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Christopher Matthew Zionkowski August 26, 1988 Brad Steven Zionkowski January 14,1991 Kelly Marie Zionkowski October 8, 1995 maternal grandparents Mother Mother 2. A Conciliation Conference was held November 5, 2002 with the following individuals in attendance: The Father, Paul E. Zionkowski, with his counsel, Marcus A. McKnight, III, Esquire. Mother did not appear although she was notified of the conference. Counsel for Mother, Thomas S. Diehl, Esquire, notified the Conciliator by letter that he did not plan to attend. 3. A prior Order of Court was entered by the Honorable Edward E. Guido dated May 30, 2002 scheduling a hearing on the matter of Mother's relocation to Armstrong County. Prior to the hearing, Father agreed to permit Mother to relocate, however a stipulation was never executed by the parties. Mother only remained in Ford City with her parents for approximately one month and moved back to this area. The oldest child however has remained with his maternal grandparents in Ford City. Mother is presently living in York Springs with the two younger children who attend Bermudian Springs school. Father advises that Mother is being investigated by the police for having an affair with a fifteen year old boy. She is presently living with another male companiOn. 4. Father requested an Order in the form as attached granting him primary physical custody. II - ~ ~o ')... Date Q- _0,--< 9h~ ~ Verney, Esquire Custody Conciliator PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12,2002. 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! 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. \S-1- Date: February. , 2004 -,., rl ~-;-, c..:; [",) w PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 200.2-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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! 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. st Date: February \ , 2005 ~'f~, . PAUL FZIO KOWSKI Plaintiff ~) ;,':::i <::..1" -~"1 ,"-r: b r:-.: '-'" I~ THE COURT OF COMMON PL~.\S 0, Ct'ClBERL\Nl) COUNTY, PEmlSYLVANV. PAUL E. ZIONKOWKSI, PLAINTIFF ----- -- vs. TARA S. ZIONKOWSKI, DEFENDANT ~:l.... ~O.~-1813 CIVIL TERM PAUL E. ZIONKOWKSI a master with respect to (X) Divorce ( ) Annul.men t ( ) Alimony ( ) Alimony Pendente ~OTION FOR APPOD!1':1ENT OF M..-\.S~R (Plaintiff) (~KHXHX), the follo.M-ng claims: moves the cour~ to appoint Ete (X) ( ) (X) (X) Distribution of Proper~7 Sllpport Counsel Fees Costs and L~enses and in support or the motion states: (1) Discovery is complete as to the claims(s) appointnent or a master is requested. (2) The defendant (has) 'iluxm..t) appeared im (by his attorney, (3) The for ~..;hic;" t~e (4) staturory 3301(c) Delete the inapplicable paragraph(s): (a) The action is not contested. (0) ~~ agreement has been reac~ed with ground(s) for divorce (is) the action (personally) ,E:squira). Q<a=:) follOwing clai:ls: respec t to the (c) The action is contested with respect :0 the followimg claims: DIVORCE, DISTRIBUTION OF PROPERTY, COUNSEL FEES, COSTS AND EXPENSES. (5) rne action (iaX81~j (does not ~volve) complex issues or law or fact. (6) The hearing is ~ected to take (i) Additional ~fo~tion, if ORDER APPOI:::lTIClG :!AS, ::.::t 1/2 (hours) ~). motion: Dete: FRRRlJARY 16. 2005 Dr (Plaimt:.::f) McKNIGHT, III, ESQ. AND NOw is appointed master ~~th respect to t~e follo~ing clai=s: Esqui~e, By tOle Court: J r~-~' ' , OJ 0-" c',) c PAUL E. ZIONKOWSKl, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKl, Defendant 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. PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) AND 3301(d) OF THE DIVORCE CODE NOW comes the Plaintiff, Paul E. Zionkowski, by his attorney, Marcus A. McKnight, ill, Esquire, and files this Amended Complaint in Divorce against the Defendant, Tara S. Zionkowski, representing as follows: COUNT I . DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Paul E. Zionkowski, an adult individual residing at 90 Potato Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Tara S. Zionkowski, an adult individual residing at 414 O'Conner Street, Ford City, Pennsylvania 16226. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 10, 1987, in New Jersey, and separated on March 16,2002. 5. There were three (3) children born to this marriage, namely, Christopher M. Zionkowski, born August 26, 1988; Brad S. Zionkowski, born January 14, 1991; and Kelly M. Zionkowski, born October 8, 1995. 6. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that he 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. COUNT II . DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE 8. The averments of Paragraphs One (1) through Seven (7) are incorporated herein by reference as though fully set forth below. 9. Pursuant to the Divorce Code, Section 3301(d), the Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since on or about March 16,2002. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: Mareu A. Me , Esquire Attorne for Plaintiff West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 18, 2005 VERIFICATION The foregoing document is based upon information which has been gathered by 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. LL SI Date: February 18, 2005 PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 1. The parties to this action separated on or about March 16, 2002, and have continued to Jive separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unsworn falsification to authorities. Date: {). ) I 6/ I c 5 ~2,J1 ~~~[ L ~UL E. ZIO~ WSKI Pijuntiff j ~ r---- -'. ~) --:;7 -" (,." i PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE PRAECIPE TO REINSTATE AMENDED COMPLAINT IN DIVORCE TO CURTIS R. LONG, PROTHONOTARY: Please reinstate the Amended Complaint in Divorce Pursuant to Sections 3301(c) and 3301(d) of the Divorce Code in the above-captioned case. Respectfully submitted, By: Marc A. M ,III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court J.D. No: 25476 Attorney for Plaintiff, Paul E. Zionkowski ate: May 4, 2005 f*"",' 2.:; ~) CIl ., ::~;: -',"" -' -r:l [:;.' c-) co PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was tlled on April 12.2002, amended on February 18, 2005 and reinstated on May 4, 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: May /1 , 2005 ~, C'--..,-,.,- '\ h~ TARA S. ZIONKOWSKI -~.'-' "-.~ .-:.) ., ~- 0;'..' ~-i C,' \..;..--J PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKI, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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. 1 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: May / / , 2005 ~ co I ''k./)~ '~0- G ~.' ~~ TARA S. ZIONKOWSKI Defendant i..) -'n ::;:1 __.1 .l=- C) PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWSKl, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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: May / J ,2005 \ '''-, 'j ( l-A-.{...'-., \ -' 6 ~Jl~ TARAS. NKOWSKl ('" c, .',-:; -' ;1" .' " c.) ("r.:i PAUL E. ZIONKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 02 - 1813 CIVIL TARA A. ZIONKOWSKI, Defendant IN DIVORCE ORDER OF COURT /&Pl day of ~_, the proceedings having been AND NOW, this 2005, the economic claims raised in resolved in accordance with a marriage settlement agreement dated May 17, 2005, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: Marcus A. McKnight, III Attorney for Plaintiff Tara A. Zionkowski Defendant vC "'f1.l-1 /)'l"1-'C j,-~ -J. / [.{If '. r' , " ),"", "j ('-, 00 .', I ""Joe"? b I i, ,.;-. JUUi.,. MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this j '7 LJ-A I day of May, 2005, by and between TARA S. ZIONKOWSKI, (hereinafter referred to as "WIFE") and PAUL E. ZIONKOWSKI, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, in Dunellen, Middlesex County, New Jersey, and separated on March 16,2002. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2002-1813 Civil Term on April 12, 2002. The parties hereto agree and covenant as follows: I. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during marriage. 3 7. DEBT: The HUSBAND agrees to pay his marital debt and hold WIFE harmless from any payment thereof. WIFE agrees to pay her marital debt and hold HUSBAND harmless from any payment thereof. The parties agree to equally pay the outstanding hospital bill due to Robert Wood Johnson University Hospital in the amount of Thirteen Thousand Three Hundred Fifty- One and nollOO ($13,351.00) Dollars. 8. SUPPORT: HUSBAND will not provide spousal support to WIFE, and WIFE will not provide spousal support to HUSBAND. Neither party will seek alimony or alimony pendente lite from the other. 9. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; d. Any benefits through his employer; and 4 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in WIFE'S automobile. (b) WIFE agrees to waive any and all interest which she has in any automobile acquired by HUSBAND. 5 11. MARITAL DEBTS AND BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her from any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to himlher which have been initiated. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 6 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: a. In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. b. Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. c. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. d. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payer or taxable to the payee for income tax purposes. 7 16. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS AND OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor children, Christopher Matthew Zionkowski, born August 26, 1988, and Kelly Marie Zionkowski. born October 8, 1995, as income tax exemptions evelY year. 17. ADDITIONAL INSTRUMENTS: 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. 18. VOLUNTARY EXECUTION: 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, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 8 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the 9 marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the WiU of the other, and right to act as administrator or executor of the other's estate, and 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: }\ ,.;\ j - 'Ac!' -l " ~ ~: ~-' / '-----.::> (SEAL) TARA S. ZI OWSKI (-'r) ~(r~_:..__/ .~.v (SEAL) PAUL E. Z N OWSKI V>4:d_( Oc ,Y'0;I_dd.l~2.t/ / ~~ U){ (y .IC~..../// l" pC", ~ to COMMONWEALTH OF PENNSYLVANIA 55: COUNTY OF CUMBERLAND PER50NALL Y APPEARED BEFORE ME, this ~day of May, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TARA S. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NolaIiaI Seal Mar1ha l. Noel. NoIary Public Cadisle Boro. CUmberfand County My CornmisSIon Expires Sepl18, 2007 Member. Pennsyl\lanifJ A:osociaflon Of Notaries , e-P '- COMMONWEALTH OF PENNSYLVANIA S5: COUNTY OF CUMBERLAND c,r; PERSONALLY APPEARED BEFORE ME, this ~ day of May, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PAUL E. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEAlTH OF f'EMlSYLVANIA NotartaI Seal MaIIha L Noel, Nolary Public CadlsIe Boro. Q,o,II>..IooKl County MyO'........, E>pirosSepl18, 2007 Mlmber, Plnnlyfvlnl. AI_etlon 0/ Noll"" ~7 ''''.......... 11 '. MARRIAGE SETTLEMENT AGREEMENT c.fI) THIS AGREEMENT made this /17 day of May, 2005, by and between TARA S. . ZIONKOWSKI, (hereinafter referred to as "WIFE") and PAUL E. ZIONKOWSKI, (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on October 10, 1987, in Dunellen, Middlesex County, New Jersey, and separated on March 16, 2002. HUSBAND filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2002-1813 Civil Term on April 12, 2002. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carryon and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving the advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both parties during marriage. 3 7. DEBT: The HUSBAND agrees to pay his marital debt and hold WIFE harmless from any payment thereof. WIFE agrees to pay her marital debt and hold HUSBAND harmless from any payment thereof. The parties agree to equally pay the outstanding hospital bill due to Robert Wood Johnson University Hospital in the amount of Thirteen Thousand Three Hundred Fifty- One and no/l00 ($13,351.00) Dollars. 8. SUPPORT: HUSBAND will not provide spousal suppOli to WIFE, and WIFE will not provide spousal support to HUSBAND. Neither party will seek alimony or alimony pendente lite from the other. 9. PERSONAL PROPERTY: The parties agree that the personal propeliy shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any Life Insurance Policy; d. Any benefits through his employer; and 4 WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 10. AUTOMOBILES: (a) HUSBAND agrees to waive any and all interest which he may have in WIFE'S automobile. (b) WIFE agrees to waive any and all interest which she has in any automobile acquired by HUSBAND. 5 11. MARITAL DEBTS AND BANKRUPTCY: Each party will be responsible for their own debt incurred after the date of separation. HUSBAND will be solely responsible for all outstanding state, local and federal taxes and agrees to hold WIFE harmless and indemnifies her from any claims regarding the outstanding income taxes. It is hereby understood and agreed by and between the parties that their obligations pursuant to this Agreement shall not be affected by any bankruptcy proceeding and shall not be deemed to constitute or be a dischargeable debt of a bankruptcy. Both parties warrant that he/she has not heretofore instituted any proceeding pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to him/her which have been initiated. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies except as otherwise stated herein on the life of HUSBAND or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be his own. WIFE waives all right, title and claim to HUSBAND'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. 6 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final di vorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH AND COUNSEL FEES AFTER DIVORCE: The parties agree with respect to counsel fees incurred after the divorce, as follows: a. In the event that future legal proceedings of any nature may be necessary for the interpretation or enforcement of this Agreement or any valid modifications hereof, the prevailing party shall be entitled to reasonable counsel fees incurred. b. Reasonable counsel fees hereunder shall be defined as reasonable hours expended at the then hourly rate of counsel for the prevailing party. c. Such counsel fees shall extend to any independent proceedings necessary to collect counsel fees or to enforce any other judgment or decree in connection with this Agreement. d. Such counsel fees shall be payable as alimony so as to constitute an exception to discharge in bankruptcy but shall not be deductible by the payer or taxable to the payee for income tax purposes. 7 16. INCOME TAX EXEMPTIONS AND INCOME TAX BENEFITS AND OBLIGATIONS: The parties agree that HUSBAND will be entitled to use the minor children, Christopher Matthew Zionkowski, born August 26, 1988, and Kelly Marie Zionkowski, born October 8, 1995, as income tax exemptions every year. 17. ADDITIONAL INSTRUMENTS: 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. 18. VOLUNTARY EXECUTION: 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, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 8 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 20. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 21. PRIOR AGREEMENTS: It is understood and agreed that any and aU property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 22. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 23. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the 9 , marital relationship, including without limitation, dower, courtesy, 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, and 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. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. WITNESSES: \ ' \A ,,~ )j /l-, L,' TARA S. ZI OWSKI (SEAL) 0J/;,(:,f.4'A' ,.'::;/ l&)...I//)d/~ / ~ ';L' ~ / '/2.4 ~/?' d. 0,. .. ~..Jd!.1H-f./ (SEAL) 10 - .', COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF CUMBERLAND '-fA PERSONALLY APPEARED BEFORE ME, this / ') day of May, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, TARA S. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONW F P ",NSVLVANIA NcIaItaI Seal Martha L Noel. NolaIy Pubic CarfisIe Boro, CUmberland Coonty MyCommisslon Expires Sepll8, 2007 Member. ~ennsvfvaf1i~ A.ssociation Of Notaries ~~t~,(! COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND (~lt~ PERSONALLY APPEARED BEFORE ME, this /1 day of May, 2005, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, PAUL E. ZIONKOWSKI, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEAlTH OF PENNSVLVANlA NcIaItaI Seal Martha L Noel, NolaIy PIlbIJc CarlIsle Boro, CUmberland Coonty My Com,_. Expires Sepl 18.2007 Member, Pennsytvania Association Of Notaries j / 7 ",V i/ 11 !-, , , I ~~ --",,\ r~'J J." ~. ---- PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF v. : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARA S. ZIONKOWKSI, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 330 I (c) 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, Tara S. Zionkowski, on April 15,2002, by certified, restricted delivery mail. addressed to her at 50 Brian Drive, Carlisle, Pennsylvania. 17013, with Return Receipt Number 7002 1530 0002 4693 5236. 3. Complete either paragraph (a) OT (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Di vorce Code: by plaintiff: February I, 2004; by defendant: May 17,2005. (b)( I) Date of execution of the affidavit required by Section 3301 (d) of the DivOTce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) OT (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 3301(c) Divorce was filed with the Prothonotary: February 1,2004. Date: May 19,2005 rciis A. g t, III, Esquire torney for Plaiutiff Date defendant's Waiver of Notice in Section Prothonotary: May 17,2005. .-,<.\ I';'" <::J;:: g: ....1/ - CASE NO: 2002-01813 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ZIONKOWSKI PAUL E VS ZIONKOWSKI TARA S R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: ZIONKOWSKI TARA S but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of ARMSTRONG County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On May 23rd , 2005 , this office was in receipt of the attached return from ARMSTRONG Sheriff's Costs: Docketing Out of County Surcharge Dep Armstrong Co Postage 18.00 9.00 10.00 16.50 .74 54.24 OS/23/2005 MARCUS MCKNIGHT S~o answer~El'/.~ ...._...... . ...-----.~.. ~~~~ ...::'"j /" ..~.<< ~/~.~/.~ --;. Thom~~e~/ / Sheriff of Cumberland County Sworn and subscribed to before Of~ me this ~ay :2 D()c{ ~~' CASE NO: 2002-01813 T COMMONWEALTH OF PENNSYLVANIA COUNTY OF Armstrong County PAUL E ZIONKOWSKI VS TARA S ZIONKOWSKI Larry Crawford , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: ZIONKOWSKI TARA S but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT IN DIVORCE NOT SERVED , as to the within named DEFENDANT , ZIONKOWSKI TARA S 414 O'CONNER STREET FORD CITY, PA 16226 RECEIVED FAX REQUESTING SERVICE BE CANCELLED. Sheriff's Costs: Docketing Service Affidavit Surcharge 9.00 5.00 2.50 .00 .00 16.50 CUMBERLAND COUNTY SHERIFF 05/16/2005 Sworn and subscribed to before me ,??CC:;'5 NOTARIAL SEAL PAm J. KREIDER, NOTARY PUBLIC KIlTANNING BORO., ARMSTRONG COUNTY MY COMMISSION EXPIRES OCIII, 2008 this PAUL E. ZIONKOWSKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 02-1813 CIVIL TARA S. ZIONKOWSKI, Defendant ORDER .&-.. AND NOW, this 'It; day of May, 2005, it appearing that Plaintiffs Affidavit of Consent was not filed within thirty (30) days of its execution as required by the Pa. Rules of Civil Procedure, the request for the entry of a divorce decree is denie Edward E. Guido, J. ~us A. McKnight, III, Esquire For the Plaintiff .;ra;a S. Zionkowski 414 O'Conner Street Ford City, Pa. 16226 :rlm (0<< 1: ! - -' PAUL E. ZIONKOWSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2002-1813 CIVIL TERM TARAS. ZIONKOWSKI, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12,2002. 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 ifI 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: May 31, 2005 ?2'CC ::::! :I'i ~ 1"<,) <.. ,-~ \.f) > > > > . > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > . > > > > > > > > > > > > > > > > > > ;+''+';f'f'f ;f'f'f'f '+''f'f'f 'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f'f+''f+'+++++++++++++++.+++.++++++.++++++++++ > > . > > > > > > > > > > > > > . > > > > > . > > > > . > > > > > > > > > . > > > > > > > . . > + + + > . + . > . + . + + + + . > + . + + + + + . + + + > + + + + . + + . + + + + . + + + + + + + + + + + + . + ++'+'f+++.+++++++++++++++++++++++++++++++? ,.,+ ;Ii Of. .. > + > > IN THE COURT OF COMMON PLEAS > . > + > + > > > > > > + + > > > OF CUMBERLAND COUNTY PAUL E. ZIONKOWKSI. PENNA. STATE OF No. 2002-1813 CIVIL TERM DEFENDANT + > > VERSUS + TARA S. ZIONKOWSKI. > DEFENDANT > > . > DECREE IN DIVORCE AND NOW, ~~' PAUL E. ZIONKOWKSI o-:f It): ~O Jt;af" . IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND TARA S. ZIONKOWSKI , 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 May 17, 2005 and signed by the parties is hereby incorporated ce Decree, but not merged. ATTEST: 4U.~COT"O'OT^": + + > -~2~ ~ ,5q. /''P ~~W ~~~-~-r?50 /-~ . . .. 4," .. ..' . ~. . ~"'.l' ~