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HomeMy WebLinkAbout06-6856Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Lmaclay@dzelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRESSIA M. PANKEWICZ Plaintiff V. JOSEPH C. PANKEWICZ Defendant No. 2006 - (o f 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 counseling. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC Date: 11 12A 10 (p By: I Ju4tn- lby"2> Outprerne ay Gin r' M ay, Esq e Co ID # 7954 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Lmaclay@dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRESSIA PANKEWICZ, _ wlls? Plaintiff No. I (Civil Term) V. CIVIL ACTION - LAW JOSEPH C. PANKEWICZ, Defendant IN DIVORCE COMPLAINT UNDER & 3301(a)(6) OR & 3301(c) OR & 3301(d) OF THE DIVORCE CODE COUNT I DIVORCE 1. Plaintiff is Tressia Pankewicz, an adult individual who currently resides at 812 Pamelas Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Joseph C. Pankewicz, an adult individual who currently resides at 121 Stanford Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 20, 1995 in Camp Hill, Cumberland County, Pennsylvania. 5. The parties separated on or about November 11, 2006. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of marriage counseling and that 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. See Plaintiffs Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. Neither Plaintiff or Defendant is a member of the Armed Services of the United States or any of its Allies. 9. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file and Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about November 11, 2006. 10. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, Plaintiff desires that the agreement be approved by the Court and that said agreement be incorporated, but not merged, in any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all martial property. COUNT III ALIMONY 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff has no adequate means of support for herself and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient funds to support herself and pay Counsel fees and expenses incidental to this action. 18. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, Plaintiff's counsel fees and the costs of this proceeding. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC DATE: 1112410 ? By: hn 4Gih M lay, Esquire . # 8795 4 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Plaintiff VERIFICATION I, Tressia Pankewicz, 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 § 4904, relating to unsworn falsification to authorities. / ressia kanlCewicz, P intiff Dated: J 1121'11710 AFFIDAVIT I, Tressia Pankewicz, being duly sworn according to law, depose and say: (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 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: ressia Pank cz, Pla' tiff O 1? ,-,A O ,o Gli -rrC. y, rv r_a :ig CO un --j =-G Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclaya-dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRESSIA PANKEWICZ, Plaintiff No. 2006-6856 V. CIVIL ACTION - LAW JOSEPH C. PANKEWICZ, Defendant (In Divorce) ACCEPTANCE OF SERVICE I, Joseph C. Pankewicz, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce, which was filed on November 30, 2006. Dated: G d G By: 0/ seph . Pankewicz, Defendant Pro Se 121 Stanford Court Mechanicsburg, Pennsylvania 17050 ? ? ? C ? -Y-? r-.?vt tv ,,,? - f, , ?n , _= z?. :...? ttia C? (01a *.. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made and entered into this 18'h day of July, 2007 (year), between Tressia M Pankewicz (Wife) residing at 812 Pamelas Lane. Mechanicsburg. Pennsylvania 17050 and Joseph C Pankewicz (Husband) residing at 10171 Jonestown Rd. Grantville. Pennsylvania 17028. WHEREAS, Husband and Wife were married to each other on May-20, 1995(year) at Cam Hill. Pennsylvania. WHEREAS, a permanent breakdown of the marriage has arisen between us and we are now living separate and apart from each other, and WHEREAS, children were born into our marriage as follows: Child's Name Lillian M Pankewicz Nicholas J Pankewicz Child's Birth Date 10/24/1996 01 /30/2002. Child's Sex Female Male (herein after "Children") and it is the further purpose of this Agreement to provide for the future custody, control and support of said Children, and WHEREAS, it is the desires and intentions of the parties to settle by agreement all of the marital affairs with respect to property, financial matters and all issues relating to their Children, including custody, visitation, and child support. NOW, THEREFORE, in consideration of the premises and the mutual promises and undertakings herein contained, and for other good and valuable consideration, the parties agree to the following: I. SEPARATION: The parties agree to permanently live separate and apart from the other party, free from any control, restraint, direct or indirect, by the other party, and in all respects to live as if he or she were sole or unmarried. II. DIVISION OF PROPERTY 1. Husband transfers to Wife as her sole and separate property the following: 1. 2000 Nissan Altima X 2. The property of 812 Pamelas Lane, Mechanicsburg, PA 17050. 3. All furniture, furnishings, household goods located at: 812 Pamelas Lane, Mechanicsburg, PA 17050. 4. Wife's company savings which is valued at $ 35,000. 5. Wife's pension. III. DIVISION OF DEBTS: 1. Wife shall pay the following debts and will not at any time hold Husband responsible for them, and shall indemnify Husband from any liability on same: 1. Chase Auto account No. 10423209514407 IV. ALIMONY 1. Both parties hereby agree to waive any rights or claims that either may now have or in the future to receive alimony, maintenance, or spousal support from each other. Both parties understand the full import of this provision. V. CHILD CUSTODY AND VISITATION 1) The parties shall have joint legal custody of the Children. Joint legal custody means the right of both parents to control and to share in making decisions of importance in the life of their Children, including educational, medical, and religious decisions. 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. The custodial parent shall inform the non-custodial parent immediately of all medical and dental appointments and problems pertaining to the Children. If the Children are sick and are unable to attend school or other planned activities, the parent then having custody will notify the other parent as soon as practicably possible. Each parent shall notify the other parent of any medical, dental, optical, counseling and other appointments of the Children with health care providers, sufficiently in advance thereof so that the other party can attend, if he or she so chooses. Pursuant to the terms of Pa.C.S. 5309, each parent shall be entitled to equal access to all records and information pertaining to the Children, including, but not limited to, the Children's school, medical, dentist, religious and other important records, the residence address of the Children and the other parent. As soon as practical after the receipt by a party, copies of the Children's school schedule, special events notifications, reports cards, and similar items shall be provided to the other party. To the extent one (1) parent has possession of any such records or information, that parent shall be required to share same, or copies thereof, with the other parent within such reasonable time as to make the records or information of reasonable use to the other parent. The custodial parent shall provide copies of the Children's report cards and other reasonable papers affecting the Children's education, medical condition or welfare. Notwithstanding that both parents shall share legal custody, non-major decisions involving the Children's day-to-day living shall be made by the parent then having custody, consistent with the other provisions of this Stipulation. 2) Physical custody of the Children, as that term is defined in the Custody Act, shall be primarily with the Mother, subject to Father's periods of partial custody at such times as set forth below. Father shall have custody of the Children every other weekend from Friday at 3:30 p.m. through Sunday at 6:00 p.m. Father's first weekend of partial custody shall be December 1, 2006. Father shall also have custody of the Children every Wednesday from 3:30 p.m. through 7:00 p.m. Father's periods of custody on Wednesdays shall commence on November 30, 2006. 3) Transportation for custody purposes shall be divided by the parties as equally as possible. The parent who is to receive custody at the time of the exchange is to provide for transportation from the residence of the other parent. At all times, the Children shall be secured in appropriate passenger restraints. No person transporting the Children shall be under the influence of any alcoholic beverages while transporting the Children. 4) The holiday schedule shall be at such times as the parties may agree. s) Each party shall be entitled to two (2) weeks of uninterrupted vacation time with the Children. For purposes of this Order, one (1) week shall be defined as nine (9) consecutive days, which shall include the parties' regularly scheduled weekend of custody. The party wishing to take a vacation with the Children shall provide the other party with at least thirty (30) days advance written notice of their intention to utilize the week of vacation. If both parties intend to utilize the same day or days, the first party giving notice to the other party will be afforded their designated days. 6) In the event that either parent, during their respective scheduled periods of custody, would need to leave the Children for a period of at least two (2) hours with a non- family member, the custodial parent will first check with the non-custodial parent to ascertain if the non custodial parent is available to watch the Children. In the event that neither parent is able to watch the Children, the custodial parent will then be responsible for obtaining the appropriate supervision for the Children. 7) In the event that either parry is more than thirty (30) minutes late of a custody exchange, in the absence of a telephone call or other communication from the parent transporting the Children, the other party may assume that the parent who is late has chosen not to exercise that period of custody, the period will be forfeited, and the other party will be free to make other plans with the Children. 8) To the extent possible, each party shall provide the other with at least forty-eight (48) hours advance notice of school, sporting, or other extracurricular activities. Both parties shall agree to honor and participate in the activities that the Children wish to engage in. During the times that each of the parents has custody of the Children, they will make certain that the Children attends any previously-scheduled extracurricular activities. The parties are directed to be supportive of the activities and will transport the Children to and from such activities and the preparations and practice for the activities that are scheduled, in such times so that the Children are able to participate in those events. Neither parent, however, shall commit the Children to any activity unless the Children definitely desire to attend that activity. Participation in activities which take place during the school year is contingent upon the Children maintaining passing grades in school. Neither parent shall commit the Children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the Children are involved in an activity which occurs curing both parents' periods of custody, both parents shall cooperate in providing transportation of the Children to the activity. However, the then-custodial parent shall not be required to take the Children to that activity if the custodial parent and Children are out of town during that activity, for a previously-schedules vacation. In the event that the custodial parent is unable to deliver the Children to the particular activity, the parent who has custody of the Children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the Children to the designated activity. The custodial parent shall make certain that the Children are ready for pick-up in time sufficient to enable the Children to timely attend the activity. Should the custodial parent elect not to take the Children to a defined activity period for two (2) times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the Children to that activity until appropriate transportation is provided. 9) In the event that any of the Children are unable to attend school due to illness or school closings or delays due to weather, etc., it is the responsibility of the parent then having custody to arrange alternate care for that day and to notify the non- custodial parent of the Children's illness. 10) In the event that either party is planning to take the Children out of this Court's jurisdiction for an overnight trip, they must provide ten (10) days' advance written notice and contact information for the locations at which the Children will be staying. 11) Both parties are expected to use common sense in scheduling telephone calls to talk to the Children. Both parties and/or their spousestsignificant others are herby directed to refrain from preventing the parent who may be calling from talking to the children, or preventing the Children from calling the other parent, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the Children's schedule, or interfere with the custodial parent's period of custody. 12) Each of the parties and any third party in the presence of the Children shall take all measures deemed advisable to foster a feeling of affection between the Children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the Children from the other parent, their spouse or relatives, or injure the Children's opinion of the other party or which may hamper the free and natural development of the Children's love, affection and respect for the other parent. The parties shall not use the Children to convey verbal messages to the other parent about custody situation or changes in the custody schedule. 13) In the event that a significant matter arises with respect to the medical, education, or financial care of the Children such as a change in occupation, health insurance, educational expenses, or residence of a party, those matters shall be discussed with the other party before any change is made by either parent. 14) Each party shall confer with the other on all matters of importance relating to the Children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the Children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the Children and the custody situation. Each party shall supply the name, address, and phone numbers of any persons in whose care the Children will be in for a period in excess of seventy-two (72) hours, and for each person or entity which may provide daycare for the Children, excluding current daycare providers, relatives, or public school institutions. 15) Emergency decisions regarding the Children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the Children at any time, any party then having custody of the Children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision-making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines any of the Children to bed for a period in excess of seventy-two (72) hours and which places the Children under the direction of a licensed physician. 16) The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of the Stipulation and Agreement. Both parents are directed to listen carefully and consider the wishes of the Children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 17) The parties are free to modify the terms of this Stipulation and Agreement, but in order to do so; the parties must be in complete agreement to any new terms. 18) The parties agree to cooperate with one another in an effort to foster a loving, meaningful relationship between the Children and each parent. 19) Any major, long-term modifications of this Stipulation and Agreement need to be in writing, agreed to by both parties, and executed with the same formalities as this Stipulation. Minor, short-term changes can be made orally, if agree upon by both parties. In the even that either party is not in agreement with a purposed change, this Stipulation and Agreement will control the custodial arrangement until such time as the parties are able to agree. 20) This Stipulation, Agreement and/or Order supercedes all previous custody Agreements and/or Orders. 21) In the event that either party breaches any provision of this Order, he or she shall be responsible for any and all costs incurred to enforce the Order, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek other and additional remedies as may be available to him or her. VI. CHILD SUPPORT: Subject to the power of the court to modify these terms, Husband shall pay to Wife as and for child support, the sum of $1000 per month This sum shall be payable in the amount of $250.00 on the Friday of each and every week commencing on March 1, 2007. Said sum shall continue until the Children shall have married, died, become self supporting, or graduated from high school. Furthermore, if the parent obligated to pay said support receives an increase in salary or income in the future, the amount of child support shall increase proportionately. Said sum shall be reduced by $500 (or shall be reduced proportionately) for each child to graduate from high school or otherwise emancipated. The parties agree that the Children should attempt to exhaust all avenues for financial aid to enter into a college/university. After which time, each party agrees to assist with expenses and financial responsibilities over and above aid that is received from student grants, scholarships, or loans, in proportionate amounts, based on their salaries. The parties agree that the Husband will carry and maintain life insurance naming the children as irrevocable beneficiaries. Said life insurance is in the amount of $ 250,000. Furthermore, it is agreed that the Wife will carry and maintain adequate health, dental, and hospitalization insurance of the Children's benefit. VII. NECESSARY DOCUMENTS The parties agree to execute and deliver to the other party any documents that may be reasonably required to accomplish the intention of this instrument and shall do all other necessary things to this end. VIII. INCOME TAX For the year 2007 the parties hereto shall file separate income tax returns. Each party hereto shall receive the refund or pay additional taxes based on his or her separate income. The parties agree that the Wife may claim the federal dependency tax exemption for the Children. IX. SUBSEQUENT DISSOLUTION OF MARRIAGE It is agreed that this Agreement may be offered into evidence by either party in any dissolution of marriage proceeding, and if acceptable to the Court, this Agreement shall be incorporated in the Final Judgment, this Agreement shall not be merged in it but shall survive the Final Judgment and be binding on the parties for all times. X. REPRESENTATION The parties represent to each other. (a) Each had the right to independent counsel. Each party fully understands their legal rights and each is signing this Agreement freely and voluntarily, intending to be bound by it. (b) Each has made full disclosure to the other of his or her financial condition. (c) Each understands and agrees that this Agreement is intended to be the full and entire contract of the parties. (d) Each agrees that this Agreement and each provision of it is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest and representative of each party. XI. WAIVER OF BREACH: No waiver of any breach by any party of the terms of this Agreement shall be deemed a waiver of any subsequent breach. XII. ENFORCEMENT OF AGREEMENT: Both parties agree that the Court granting the divorce, at the request of either party, insert in the Final Judgment a reservation of jurisdiction for the purpose of compelling either party to perform this Agreement, or any part thereof. The prevailing party shall be entitled to attorney's fees in connection with such proceedings. XIII. GOVERNING LAW: This Agreement shall be interpreted and governed by the laws of the State of Pennsylvania. in the presence of: nark ` ife's ig ure 3es for Wife in the presence of usbanI Signature State of Pennsylvania County of Cumberland On ]before me, 02 Hwkak-'. personally appeared Tressia M. Pankewicz and Joseph C. Pankewicz, personally proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Signature of Notary M LCHARRLES !:AR ?OF PENNSYLVANIA IAL SEAL 8OLD, Notary public Cumberland County pires Dec, 3p, 2010 Aunt Known Croduced ID. Type of ID DRW&1- doS? (Seal) IF A NONLAWYER HELPED YOU FILL OUT THIS FORM THEY MUST FILL IN THE BLANKS BELOW (fill in all blanks): (city) helped nonlawyer located at (street) (state) , (phone) who is the [ one only] petitioner or responder, fill out this form. TRESSIA M. PANKEWICZ, Plaintiff V. JOSEPH C. PANKEWICZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6856 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph C. Pankewicz, Defendant in the above-captioned matter, do hereby accept service of the Complaint in Divorce filed on November 30, 2006. Date: -'-- Joseph C. Pankewicz Z k-o 6 Q., ?` Y l ? - yw _ TRESSIA M. PANKEWICZ, Plaintiff V. JOSEPH C. PANKEWICZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6856 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on November 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 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 are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: 7 Joseph C. Pankewicz r~ 6?=d a a TRESSIA M. PANKEWICZ, Plaintiff V. JOSEPH C. PANKEWICZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-6856 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unworn falsification to authorities. < Date: d ~ j r oseph C. Pankewicz ?--? Cf ?. '-? ..-E-? . . ....,,, t ... _?J ?...... ?.a .' y?\J r- e..? t !.n`. _._. ??? TRESSIA M. PANKEWICZ, Plaintiff V. JOSEPH C. PANKEWICZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6856 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on November 30, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce without formal notice of the intention to request entry of a divorce decree. 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 are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date:2/jv/07- /'Tie-ssia ewicz dlo;?o, TRESSIA M. PANKEWICZ, Plaintiff V. JOSEPH C. PANKEWICZ, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6856 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: U7 8 d ressia M. icz - _? - ? i i #:..-... '.1 ,r,_ .... 1 .. ~ r- .. ; -__ }"` ? : _,, _. ;.! TRESSIA M. PANKEWICZ, Plaintiff vs. JOSEPH C. PANKEWICZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-6856 CIVIL ACTION - LAW 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 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service attached hereto as part of the record. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff 7-28-07 ; by Defendant 7-28-07 4. Related claims pending: NONE 5. Date Plaintiff s Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 8-24-07 ; by Defendant 8-24-07 Respectfully submitted, Date: Mindy S. Goodman, Esquire I.D. No. 78407 2215 Forest Hills Drive - Suite 35 Harrisburg, PA 17112 (717) 540-8742 " ?? ?? =-. °. ,?? ?. - ?,. .,ar ?? _ ?T1 ??... ?? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Alft STATE OF PENNA. x TRESSIA M. PANKEWICZ, Plaintiff No. 2004-6856 VERSUS JOSEPH C. PANKEWICZ, Defendant DECREE IN DIVORCE IT IS ORDERED AND AND NOW, A?JQJST ?? , _106 DECREED THAT TRESSIA M. PANKEWICZ , PLAINTIFF, AND JOSEPH C. PANKEWICZ ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; A Marital Settlement Agreement executed by the parties is incorporated herein but shall not-merge. BY THE COURT: ATTEST: PROTHONOTARY e-0 - (2C. A