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HomeMy WebLinkAbout02-2635 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS*ATslAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff Lisa A. Bobonick Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : · NO. 2002- ,~,..~'~"' CIVIL TERM : : CIVIL ACTION - LAW : 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY By: Johnn,~. Kepe.~j~, Esquire ,,~ Supr~ Co~ ~53147 26 ~st ~Street Carlisle, PA 17013 (717) 243-6222 Counsel for the Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATIDP-,I~YS*AT.LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff V, Lisa A. Bobonick Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 2002- ,,Zb.~ CIVILTERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Pernell A. Bobonick, Sr., who currently resides at 1833 Ritner Highway, Shippensburg PA 17257, Cumberland County, Pennsylvania. 2. Defendant is Lisa A. Bobonick, who currently resides at 1833 Ritner Highway, Shippensburg PA 17257,Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 1981 in Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The 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. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, SAIDI~INDSAY Sup~6me GqtMit ID #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for the Plaintiff SAIDIS SHUFF, FLO'~.A & LINDSAY ATTORI~.AT.LAW 26 W. High Street Carlisle, PA AFFIDAVIT I, Pernell J. Bobonick, Sr., being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (2) I understand that the court maintains a list of marriage counselors in the Pmthonotary'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 counselling prior to a divorce decree being handed down by the court. 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: ~' // 7 /~ :~. Pernell J. Bobonick, Sr., Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS,AT,LAW 26 W. High Street Carlisle, PA VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Dated: ~///?/0.2. Pernell J. Bobonick, Sr., Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY A'ITORi'~Yg,AT*I.AW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE ~ay of L~ ~, , 2002, I, Adele Group, hereby certify On this that l served a true and correct copy of the foregoing Divorce Complaint via United States Mail, certified, retum receipt requested, postage prepaid, addressed as follows: Lisa A. Bobonick 1833 Ritner Highway Shippensburg PA 17257 SAIDIS, SHUFF, FLOWER & LINDSAY Adele Group SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS.AT*LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., : Plaintiff : '. v. : NO. 2002-2635 .. : CIVIL ACTION - LAW : IN DIVORCE Lisa A. Bobonick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ///,/'~ SAIDIS SHUFF, FLOWER & LINDSAY ATTORIX~YS'AT*LAW 26W. High Street Carlisle, PA Pernell J. Bobonick, Sr., : Plaintiff : '. v. : NO. 2002-2635 .. .- : CIVIL ACTION - LAW : IN DIVORCE Lisa A. Bobonick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 30, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. · Bo~"0ni-ck, Defendant Date: SAIDIS SHIJFF, FLOWER & LINDSAY ATTO~*AT'LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff Lisa A. Bobonick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2635 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ,// SAIDIS SHUFF, FLOWER & LINDSAY ATFORNEYS*AT*LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff Lisa A. Bobonick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2635 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.  ///I_/sa A. Bobonick, Defendant Date: /~) SAIDIS SHUFF, FLOWER & LINDSAY ATtORNEYS.AT*LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff V. Lisa A. Bobonick, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2635 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter Date ~i~a/A~ -B-~ b~O-'~ick,"~efe nd ant SAIDIS SHUFF, FLOWER & LINDSAY ATr01L.~YS.AT*LAW 26 W. High Street Carlisle, PA Pernell J. Bobonick, Sr., Plaintiff V. Lisa A. Bobonick, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-2635 : CIVIL ACTION - LAW :IN DIVORCE : PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: "J "~ l"t l [ ,4 \ [1\ 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service dated 10-30-02 (attached). 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 the Plaintiff 11/1/02; by the Defendant 10/30/02 (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 11-01-02 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 10-30-02 By: Respe/c4fully submitted, SAU~S~ SIt3JFF, FLO~WER. ~. Lindsa~qtli~e- Supreme Co~ ~44693 26 W. Hi~ S~eet C~lisle PA 17013 Phone: 717.243.6222 A~omey for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATr0RNEYS*AT*LAW 26 W. High Street Carlisle, PA PROPERTY SETTLEMENT AND SEPARATION AGREEMENT AGREEMENT made this,,~,C~day of ~___._~, 2002 between PERNELL J. BOBONICK, THIS / SR., of Shippensburg, Cumberland County, Pennsylvania, hereinafter referred to as HUSBAND, A N D LISA A. BOBONICK, of SHIPPENSBURG, Cumberland County, Pennsylvania, hereinafter referred to as WIFE. WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been living separate and apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including custody of their minor child, EMILY ELIZABETH BOBONICK (D.O.B. 05-23-85), the division of their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as follows: (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected. Known as 1833 Ritner Highway, Shippensburg, Pennsylvania. The parties acknowledge /~ that this is in foreclosure and that they will be letting the propertY go back to the bank' (4) In the event that either party contracted or incurred any debts since the date of separation in May ~ ~ ., 2002, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: SAIDIS SHUFF, FLOWER & LINDSAY A~I'OP.h~YS *AT'LAW 26 W. High Street Carlisle, PA A. Husband does agree to be responsible for all marital debts, except for the bad check charges, which will be the responsibility of Wife. Each party agrees to pay the outstanding joint debts as set forth herein and fudher agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. (5) Motor vehicles currently in possession of the other party, and Husband will specifically sign over the title to the GMC Jimmy and the HiLo Camper to Wife. Husband can keep his AstroVan and Oldsmobile Firenza. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) The parties hereto agree to the following for a division of their household furnishings: A. Wife shall receive all items of personal property out of her side of the house, as well as, the washer and dryer. B. Husband will receive everything in the two garages and the cellar, plus the knife, Mickey Mantle card and personal paperWork for the safe. C. All other items included in the safe will be put in the possession of the Wife and will be held for the future for the children. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) The parties agree that legal custody of their minor child, EMILY ELIZABETH BOBONICK, will be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. WIFE shall have primary physical custody of the children subject to periods of partial physical custody at the following times: (a) On weekends when husband is in Virginia and upon forty-eight (48) hours notice; (b) One month in the summer, at times to be mutually agreed upon by the parties; (c) At other times as agreed upon by the parties. SAIDIS SHIJFF, FLOWER & LINDSAY ATtORNEYS*AT*LAW 26 W. High Street Carlisle, PA (9) Husband agrees to pay to Wife the sum of four-hundred and 00/100 ($400.00) Dollars per month, which payment shall be may be wage attached if available. Husband shall provide Blue Cross/Blue Shield, major medical or equivalent coverage for the benefit of the minor child as long as it is provided by his employer. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by order of a court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. (10) Except as otherwise provided herein, Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (11) Each party is now represented by counsel of his and her own choice, and each shall his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate may be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (13) 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 provision of this Agreement. (14) The parties agree, to join in the filing of a 2002 joint federal, Pennsylvania and local income tax return. The parties agree that any refund will be shared equally by the parties. (15) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNI~VS*AT.LAW 26 W. High Street Carlisle, PA (16) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (18) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. Ail liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (2) (3) (4) To take against the other's will; Under the laws of intestacy; To a family exemption or similar allowances; and All other rights or authority to participate or intervene in a deceased SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS.ATeLAW 26 W. Hi§h Street Carlisle, PA spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (22) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their han(: ~~/~...~nd year first written ab°ve(~..2 ,,/~.~),,~'~,~~ ~__,~-' ~,,~ ~. .. k~rnellj. Bobonick, Sr. . Witness (~,-'~.i~ A. Bol~onick SAIDIS SHUFF, FLOWER & LINDSAY Ai-rORNEYS*AT~,LAW 26 W. High Street Carlisle, PA IN ThE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Pernell J. Bobonick, Sr. Plaintiff VERSUS Lisa A. Bobonick Defendant NO. 2002-2635 DECREE IN DIVORCE AND NOW, DECREED ThAT AND Pernell J. Bobonick, Sr. Lisa A. Bobonick ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2~ IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ThE COURT RETAINS jURiSDICTiON OF THE FOLLOWING CLAIMS WHiCh HAVE BEEN RAISED OF RECORD IN This ACTION FOR WHICh a FINAL ORDER hAS NOT YET BEEN ENTERED; None. The terms of the Agreement dated May 24, 2002 are incorporated but not,merged into this Decree in Divorce. BY THE COURT: ./ ATT,~ , _ /'% J'