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HomeMy WebLinkAbout06-5070JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 41,--5-47e &0J 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 foregoing 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 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: Office of the Prothonotary Cumberland County Courthouse 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -5-670 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JENNIFER L. JARMOLENKO, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 6 -S6'70 NICKLAUS R. JARMOLENKO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JENNIFER L. JARMOLENKO, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: The Plaintiff is JENNIFER L. JARMOLENKO, an adult individual who currently resides at 349 Blacksmith Road in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is NICKLAUS R. JARMOLENKO, an adult individual who currently resides at 33 West North Street in Carlisle, Cumberland County, Pennsylvania. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on 25 November 2001 in Camp Hill, Cumberland County, Pennsylvania. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. S el L. An "es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`h Street Lemoyne, Pa 17043 (717) 761-5361 :oiUplaint are true and correct. I understand ub?ect to the penalties of 18 Pa. C.S. 4904 /S(T 10043-1 IAam "w4 7VNIFERUL. JARMO 'NKO r? p L? c:r ^T5 w ?Q r- JENNIFER L. JARMOLENKO, Plaintiff vs. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. C,26 •5070 ?f IN DIVORCE NOTICE TO DE F ? NDANT 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. 1. The parties to this action separated on or about 25 July 2004 and have continued to live separately and apart for a period of at least 2. The marriage is irretrievably broken. 3. I understand that I may lose rights conc lawyer's fees or expenses if I do not claim them bE I verify that the statements made in this Af. years. alimony, division of property, a divorce is granted. are true and correct. I understand that false statements herein are made subject to th? penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: blD d •1uJwn amKe -T JE FE . J LENKO Y? JENNIFER L. JARMOLENKO Plaintiff vs. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least 2 years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any clams for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I db not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Afodavit 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 unworn falsification to authorities. Date: NICKLAUS R. JARMOLENKO NOTICE: IF YOU DO NOT WISH TO OPPOSE THE E? TRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. F r N y'C'_ ly? r?fi'7 o -? 'v JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006-5070 Civil IN DIVORCE Please reinstate the Complaint in the above matter. 13 December 2006 ?a el L. AN6s ` Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 ?? t"s ?' v ?? c:? '' '?? ??: `?- ?= ? t ?`-' - _ . C7 _~?? Cz) C' JENNIFER L. JARMOLENKO, Plaintiff V. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5070 CIVIL IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned action on behalf of the Defendant, Nicklaus R. Jarmolenko. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: December Z- 7,2006 giAz^ Michael A. Scherer, Esquire I.D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant _ ?+ i.= ? 4 - 4 . ~ -1 1 i- ? ? r-? p ? -?, t^-.?? 33 ?. ? t_ ? _. «_. -,. t-'. 4.? ?•Lr ... {?` S JENNIFER L. JARMOLENKO, Plaintiff V. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-5070 CIVIL IN DIVORCE PETITION TO RAISE EQUITABLE DISTRIBUTION AND NOW, comes Nicklaus Jarmolenko, by and through his attorney, Michael A. Scherer, Esquire, and respectfully represents as follows: 1. Wife filed a Divorce Action captioned to the above term and number. 2. The parties have acquired assets during the marriage, some of which of are marital assets. WHEREFORE, Nicklaus R. Jarmolenko respectfully requests this Honorable Court enter an Order which equitably divides the marital property in this case. DATE: 0; 4 Michael A. cherer, Esquire I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on t &ff 1.bt r- Ai , 2006, 1, Andrea M. Barrick, secretary to Michael A. Scherer, Esquire, did serve a copy of the Petition to Raise Equitable Distribution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Samuel L. Andes 525 North Twelfth Street P.O. Box 168 Lemoyne, Pennsylvania 17043 *Andrea M. Barrick ? 7 ? } r N Commonwealth of Pennsylvania County of Cumberland, ss: JENNIFER L. JARMOLENKO, ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania VS. ) No. 2006-5070 Civil Term NICKLAUS R. JARMOLENKO, ) Defendant ) IN Divorce Motion for Appointment of Master JENNIFER L. JARMOLENKO, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael A. Scherer. 3. The statutory ground(s) for divorce is/are: 3301 (d) 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (xxx) The action is contested with respect to the following claims: Husband's claims to divide the personal property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take '/2 day. 7. Additional information, if any, relevant to the motion: Date &ntl e. V. des Attorney for Plaintiff AND NOW, 2007, , Esquire, is appointed Master with respect to the following claims: divorce. BY THE COURT, J. ? C r' ? ,. .,. , y _. __f ?._: --? - ?„ -? ?--? ? ? . ` 1 ? ? .. f_aJ ? •-C MAY 14 2007,ooy Commonwealth of Pennsylvania County of Cumberland, ss: JENNIFER L. JARMOLENKO, ) In the Court of Common Pleas of Plaintiff ) Cumberland County, Pennsylvania VS. 1 No. 2006-5070 Civil Term NICKLAUS R. JARMOLENKO, ) Defendant ) IN Divorce Motion for Appointment of Master JENNIFER L. JARMOLENKO, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Michael A. Scherer. 3. The statutory ground(s) for divorce is/are: 3301 (d) 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (xxx) The action is contested with respect to the following claims: Husband's claims to divide the personal property. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1/2 day. 7. Additional information, if any, relevant to the motion: Date el L. des Attorney for Plaintiff AND NOW, WaA4 2007, e. . &ed Vgb4Esquire, is appointed Master with respect to a following claims: divorce. T TCOU T BY ,. O?L j ok-J- 1- `y =c n rn SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-05070 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JARMOLENKO JENNIFER L VS JARMOLENKO NICKLAUS R 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: JARMOLENKO NICKLAUS R but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of YORK County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On January 5th , 2007 this office was in receipt of the attached return from YORK Sheriff's Costs: ;So an Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Dep York County 59.49 Sheriff of Cu rland County Postage 1.74 98.23 01/05/2007 SAMUEL ANDES Sworn and subscribe to before me this day of , A. D. 9 ?t _C71CC COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 y- SERVICE CALL (717) 771-9601 SHERIFF SERVICE 1A NS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE 01r Y LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Jennifer L. Jarmolenko 3. DEFENDANT/S/ Nicklaus R. Jarmolenko 2 COURT NUMBER 06-5070 civil 4. TYPE OF WRIT OR COMPLAINT NOT & C I D Notice and Complaint in Divorce SERVE a NAMt Un- INUIVIUUAL, CUMPANY, CDRPURATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Nicklaus R. Jarmolenko His POE : Hoover Engineering Services Company 6. ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO., CITY, BORO, TWP, STATE AND ZIP CODE) AT 658 Gaumer Road New Cumberland, PA 17070 7. INDICATE SERVICE: O PERSONAL U PERSON IN CHARGE DEPUTIZE ME T MAIL O 1ST CLASS MAIL U POSTED U OTHER NOW December Z 20 I, SHERIFF OF RCOUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this fKake return hording to law. This deputization being made at the request and risk of the plaintiff., 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING ADVANCE FEE PAID BY CUMBERLAND CO SHERIFF Please mail return of service to Cumberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE SAMUEL L. ANDES 10. TELEPHONE NUMBER 11. DATE FILED 525 NORTH 12th STREET, LEMOYNE, PA 17043 1717-761-5361 12/18/2006 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT VYRITE MOW LM 13. 1 acknowledge receipt of the writ 14. TERECEIVED 15. xpiraw Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 2 1/2006 1 ?17 / 2 0 0"7 16. HOW SERVED PERSONAL RESIDENCE ( ) POSTED( ) POE ( ) SHERIFF'S OFFICE ( ) OTHER (*e SEE REMARKS BELOW 17. O 1 hereby certify and return a NOT FOUND because 1 am unable to locate the individual, company, etc. named above. (Sere remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Dale of Service 20 Time of Service i1 b G L iq'L3 if, -']R t l l?'L?D?OL? f1QS a4fh 21. ATTEMPTS T Miles Int. Date [Ti a Mlles Int. Dale Time Miles Int. Date Ti I Miles Int. Date Time Miles Int. Dale Time Miles Int. Ii U0 22. REMARKS: _ 23. Advance Costs 24 ervice C is 25;N/ 26 Milea 27. Postage 28. Sub Total 29. Pound 30 Nta 31. Surchg. 32 . Coats 33 Costs Due kolle-fundA 771 $100.00 Foesign County Costs 35. Advance Co36 S "c4 ice Costs 37. Notaryert. 38. MileagriPostagetNot Found 39. Total Co sts 40 Costs Due or Refund 41. AFFIRMED and subscribed to 42. day of AWN N11 NOTARIAL SEAL LISA L. SCIAIMAN, NOTARY PUBLIC CITY OF YORE, YORK COUNTY MY COMMISSION EXPIRES AUG. 12, 2009 44. Signature of y ? Dep. Sheriff 11 1 • R- 46. `lr l9 Signature of York County Sheriff L/ . County Sheriff 47. DATE 12/28/06 49 DATE JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5070 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 30 August 2006 and served on or about 10 September 2006 on the Defendant. 2. The marriage of. Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. - r 2 Da e : J FER V. J ENKO C'? o fl Cl JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5070 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 30 August 2006 and served on or about 10 September 2006 on the Defendant. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: d <'?'? ?: r ?? ?, { ? ? ,.- ? ? . ? . .- , _. JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 5070 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 186' day of , 2007, the parties and counsel having V entered into an agreement and stipulation resolving the economic issues on June 12, 2007, the date set for a conference, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, I ?G Edgar B. Bayley, P.J. cc: amuel L. Andes Attorney for Plaintiff ?L"1ichael A. Scherer Attorney for Defendant JENNIFER L. JARMOLENKO, Plaintiff VS. NICKLAUS R. JARMOLENKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 5070 CIVIL . IN DIVORCE THE MASTER: Today is Tuesday, June 12, 2007. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Jennifer L. Jarmolenko, and her counsel Samuel L. Andes, and the Defendant, Nicklaus R. Jarmolenko, and his counsel Michael A. Scherer. The action was commenced by the filing of a complaint in divorce on August 30, 2006, raising grounds for divorce of irretrievable breakdown of the marriage. With respect to the grounds for divorce, although an affidavit was filed under Section 3301(d) averring a separation in excess of two years, the parties today have provided the Master with affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. On December 28, 2006, a petition was filed by the Defendant husband raising a claim for equitable 1 distribution. No claims have been raised by either party for alimony or counsel fees and expenses. The Master"has been advised that after negotiations today the parties have reached an agreement with respect to the economic claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors. The parties are satisfied that they are not going to need to return today to review the agreement or to sign affirming the terms of settlement. They are satisfied that when they leave the hearing room today they understand that they are bound by the terms of the agreement as stated on the record without affirming by signature the terms of the agreement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on November 25, 2001, and separated in August 2004. There is one minor child born of the marriage, Elizabeth, who currently resides with wife. Mr. Andes. MR. ANDES: 2 1. The parties have agreed that there is no real estate or other significant marital property but they have agreed that Mr. Jarmolenko will receive the following items which are currently at Mrs. Jarmolenko's home in Camp Hill: A dresser; A 200 disc CD changer; A Denon receiver; Kilpsch speakers (a center, front, and rear); A Kllpsch sub-woofer; Monster cables; A base guitar with case; A grill; A stainless steel table for the grill; A Beermeister and extras; one of the two couches. Mr. Jarmolenko will retrieve these items from Mrs. Jarmolenko's home within thirty (30) days. He will contact her and give her at least five (5) days advance notice of when he is coming and the parties will cooperate to allow him to remove those items. If he requires additional time, that will be negotiated by the parties' attorneys. 2. With the exception of these items, all of the other marital property of the parties specifically including furnishings and tangible personal property has been divided. 3. There are no marital debts that the parties continue to pay which are to be the subject of this agreement. 4. With the provision provided in this agreement for the division of these items of personal property, all other claims for equitable distribution of marital property are resolved and waived. 5. Further, the parties waive any claim against the other for alimony, alimony pendente lite, or counsel fees and expenses. 3 6. 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in 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 interest, rights, and claims. MR. ANDES: Mrs. Jarmolenko, you heard what I just dictated? MRS. JARMOLENKO: Yes, I did. MR. ANDES: Is that satisfactory to you to resolve all the claims in this case? MRS. JARMOLENKO: Yes, it is. MR. ANDES: And are you content to be divorced now that we have reached this agreement? MRS. JARMOLENKO: Yes. MR. ANDES: Do you have any questions about it. MRS. JARMOLENKO: No. MR. SCHERER: Nick, you heard the agreement Mr. Andes dictated? MR. JARMOLENKO: Yes. MR. SCHERER: Do you have any questions about it? 4 MR. MR. MR. MR. divorce be finaliz MR. JARMOLENKO: No, I don't. SCHERER: Do you understand it? JARMOLENKO: Yes, I do. SCHERER: And is it your desire that the ed on those terms? JARMOLENKO: Sounds good to me. Yes. cc: Samuel L. Andes, Attorney for Plaintiff Jennifer L. Jarmolenko, Plaintiff Michael A. Scherer, Attorney for Defendant Nicklaus R. Jarmolenko, Defendant 5 JENNIFER L. JARMOLENKO, Plaintiff VS. DEBRA J. D'AURELIO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-5070 CIVIL TERM 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff s counsel indicating service on or about 26 December 2006 by the Sheriff's Office. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 12 June 2007 By Defendant: 12 June 2007 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): . (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 12 June 2007 and filed on 12 June 2007. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 12 June 2007 and filed 12 June 2007. Date: 18 June 2007 B Samuel L. s Attorney for Plaintiff " ? v C f i.. fir L.. .w5. Vim` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Piaintiff No. 06-5070 VERSUS NICKLAUS R. JARMOLENKO, Defendant DECREE IN DIVORCE AND NOW, 4014 200.7-_, IT IS ORDERED AND DECREED THAT JENNIFER L. IARM01 ENKQ , PLAINTIFF, AND NICKLAUS R 1ARM0 FNKQ , 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; NONE B 1&T H ATTEST: J. PROTHONOTARY /rlww 40, Le. 9 40.4c- ??