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HomeMy WebLinkAbout06-5768Mark S. Golec, V. Lisa DiPietro-Golec, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - S7(o?' Defendant IN DIVORCE CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (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. 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. Mark S. Golec, V. Plaintiff Lisa DiPietro-Golec, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 5 L CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Mark S. Golec, an adult individual, who resides at 1815C Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Lisa DiPietro-Golec, an adult individual, who resides at 1815C Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 15, 1995 in Scranton, Lackawanna County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. G(,- ()rZ? Date: Respectfully submitted, BAYLEY & MANGAN Mark F. Bayley, Esqu' 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff 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. §4904, relating to unworn falsification to authorities. d J ' Date: za Mark S. Golec, n i f -..,? ,,? ? ?-'`?'- ? f ? ?' - _T, ?.. ?`` , ? ? ? _ ?, -?? ? ?, :??`; Mark S. Golec, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Lisa DePietro-Golec, Defendant : CIVIL ACTION -LAW : NO. 06 - 5768 CIVIL TERM : IN DIVORCE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (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. 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. AMENDED COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff submits the within Amended Compalint upon agreement by the parties. Mark S. Golec, V. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 5768 CIVIL TERM : IN DIVORCE Lisa DePietro-Golec, Defendant (Defendant's Consent is attached as Exhibit "A"). 2. Plaintiff is Mark S. Golec, an adult individual, who resides at 1815C Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant is Lisa DePietro-Golec, an adult individual, who resides at 1815C Willow Street, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 5. Plaintiff and Defendant were married on July 15, 1995 in Scranton, Lackawanna County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, BAYLEY & MANGAN Date: i7'Z 9-1 v V ul"?- I/ - Mark F. Bayley, Esquire 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Amended Divorce 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 unworn falsification to authorities. Date:. ?2- / 12- Mark S e , aintiff _, Mark S. Golec, V. Plaintiff Lisa DePietro-Golec, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 5768 CIVIL TERM : IN DIVORCE DEFENDANT'S CONSENT TO AMENDED COMPLAINT AND NOW, comes Defendant, Lisa DePietro-Golec, and hereby agrees to the following: 1. Defendant consents to the filing of an amended complaint which amends Defendant's name in the caption to the proper spelling as follows: Lisa DePietro-Golec Date Lisa DePietro-Golec, Defendant L 1/ /31 T A 0 MARITAL SEPARATION AGREEMENT THIS AGREEMENT, entered into on the specified date below, by and between Mark S. Golec, (hereinafter referred to as "HUSBAND") and Lisa DePietro-Golec, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on July 15, 1995; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each parry. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention 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 that conforms to a just and right standard, with due regard to the rights of each party. It is the intention 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 each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on 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 benefits 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. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel; or has voluntarily decided not to receive advice from counsel acknowledging that adequate time and opportunity has been provided to do so; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 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 of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all of the above information from the other party. 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 both parties during the marriage. 7. DEBTS AND LIABILITIES: It is further mutually agreed by and between the parties that HUSBAND and WIFE will be responsible for the following debts, liabilities, contracts and payments relating to the same: 2 #t,. a. HUSBAND will be responsible for all debts, liabilities, contracts and payments currently contracted, deeded or titled under his name, including those associated with the car and marital residence; b. WIFE will be responsible for all debts, liabilities, contracts and payments currently contracted, deeded or titled under her name. 8. CASH ASSETS AND OTHER ASSETS: a. HUSBAND will provide to WIFE a cash payment of Five-Thousand ($5,000.00) Dollars within one week of a final divorce decree being granted by the court. b. HUSBAND will provide to WIFE an additional cash payment of Five- Thousand ($5,000.00) Dollars within six (6) months of a final divorce decree being granted by the court. C. The parties have previously separated cash assets not otherwise mentioned by this Agreement to their satisfaction. 9. PERSONAL PROPERTY, VEHICLES, ETC.: a. WIFE is entitled to full ownership of any and all furniture that is currently located inside the marital residence. b. WIFE is entitled to full ownership of her clothes, jewelry and personal items. C. WIFE is entitled to full ownership of her respective electronic equipment, i.e. laptop computer, cell phone, pager, etc. d. HUSBAND assumes full ownership of his respective electronic equipment, i.e. laptop computer, cell phone, pager, etc. e. HUSBAND assumes full ownership of the car. f. HUSBAND shall assume full ownership of any and all property that remains at the marital residence after one (1) year of the execution of the within agreement. 3 R 10. OUTPATIENT PSYCHIATRIC/PSITYCOLOGICAL CARE: HUSBAND shall pay for WIFE's outpatient psychiatric/psychological care and medications for a period of one year from the execution of the within agreement. 11. MARITAL RESIDENCE: The parties agree that HUSBAND will remain at the marital residence (currently leased). WIFE shall vacate the marital residence within one (1) month of the execution of the within agreement; should WIFE fail to do so, she shall be deemed a trespasser and will be subject to eviction. By execution of the within agreement, WIFE hereby forfeits any and all rights she has as a tenant under the current lease to the marital residence and forfeits her ability to raise the current lease as a defense against any complaint for possession and/or eviction. 12. SUPPORT AND ALIMONY: Both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 13. RETIREMENT ACCOUNTS: a. HUSBAND will assume full ownership of any and all Pension, Retirement and/or Investment plans currently in his name, including but not limited to the IRA through his current employment. b. WIFE will assume full ownership of any and all Pension and/or Retirement plans currently in her name. 14. DOG (DUKE): a. The parties shall share ownership of Duke. Duke will reside primarily with WIFE, subject to liberal visits with HUSBAND. b. HUSBAND shall pay for any and all expenses relating to Duke's healthcare. C. If for any reason WIFE cannot properly care for Duke, the dog will then reside primarily with HUSBAND, subject to liberal visits with WIFE. 15. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory 4 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. Additionally, each party waives and relinquishes any and all rights to share in any estate inheritances or bequests the other may receive and/or be entitled to. 16. INCOME TAX RETURNS: a. All future income tax returns will be filed separately and the parties will each retain any refund due to them unless otherwise agreed upon in writing. 17. DIVORCE: HUSBAND and WIFE agree to voluntarily execute all necessary documents to finalize a divorce within one week of the execution of the within agreement. 18. BREACH: In the event of the breach of this agreement by either party, the nonbreaching party shall have the right to seek monetary damages for such breach, where such damages are ascertainable, and/or to seek specific performance of the terms of this agreement, where such damages are not ascertainable. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain monetary damages and/or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. 19. ADDITIONAL INSTSRUMENTS: 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. 20. VOLUNTARY EXECUTION: The provisions of this agreement and their legal effect are fully understood by both parties. HUSBAND's legal counsel is Mark F. Bayley, Esquire. WIFE has voluntarily opted to forgo legal counsel after being provided a fair and adequate opportunity to obtain legal counsel. 21. 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. 22. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 5 23. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. 24. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the Decree, but shall survive the same and shall be binding and conclusive on the parties for all time. 25. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 26. MARITAL DEBT: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. 27. EQUITABLE DISTRIBUTION: It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife or either of them during the marriage as contemplated by The Act of April 2, 1980 (P.L. No. 63, No. 26), known as "The Divorce Code," 23 P.S. 101 et seq. of the Commonwealth of Pennsylvania, and as amended. 28. SUMMARY OF EFFECT OF AGREEMENT: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other for any 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 raised by them in the divorce action pending between the parties. 29. RECONCILIATION: The parties shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specific statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect. Further, the parties may attempt a reconciliation, which action, if not consummated by the aforesaid agreement, shall not affect in any way the legal affect of this Agreement or cause any new marital rights or obligations to accrue. 6 30. SEVERABILITY: U any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 31. NO WAIVER OF DEFAULT: This agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 32. INTEGRATION: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract. 33. EFFECT OF DIVORCE DECREE: The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 34. WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 35. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall insure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns. 36. ACTIVATION: This agreement shall become effective immediately upon its execution by both parties. 7 V IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the date indicated below. WITNESSES: ?7- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland County Pennsylvania, this l day of :4 1 6r1, Mark S. Golec, known to me (or satisfactorily proven) to be the person whose name is s ascribed to the within agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. CR, Equ o ry lic COMMONWEALTH OF PENNSYLM, Notarial Seal COMMONWEALTH OF PENNSYLVANIA Jacqueline G. Ege, Notary Public SS Carlisle Soro, Cumberland County My Commission Expires Nov. 30, 2010 COUNTY OF CUMBERLAND Member, Pennsylvania Association of Notan- PERSONALLY APPEARS BEFORE ME, a notary public for Cumberland County Pennsylvania, this A` day of ; "7, Lisa DePietro-Golec, known to me (or satisfactorily proven) to be the person whose n ' is subscribed to the within agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHREOF, I have hereunto set my hand and official seal. CX-4??&i UUMMCNWEALTH OF PENNSYLVANIA Notarial Seal Jacqueline G. Ege, Notary Public Carlisle Boro, Cumberland County g My Commission Expires Nov. 30, 2010 Member, Pennsy+v.;nie As.?n tw.,n of ? t I ??? ? TI ? T `1"I N `0 T ? i Cr, Mark S. Golec, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW • NO. 06 - 5768 CIVIL TERM Lisa DiPietro-Golec, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Lisa DiPietro-Golec in the above-captioned action and I certify that I am authorized to do so. Date B 6;?Lisa D ietro-Golec, Defendant N y N Mark S. Golec, V. Plaintiff Lisa DePietro-Golec, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NO. 06 - 5768 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 2, 2006; an Amended Complaint was filed on December 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. is D Date Mirk S. Gol ca = o - -n - rl r t Him :, Fn ' CD Lfl ? -C Ca - G Mark S. Golec, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. Lisa DePietro-Golec, Defendant CIVIL ACTION - LAW NO. 06 - 5768 CIVIL TERM IN DIVORCE WAIVER 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ZIsEL-?--Z Date t? r-a t3 `? crE ??.r Mark S. Golec, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION - LAW Lisa DePletro-Golec, : NO. 06 - 5768 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on October 2, 2006; an Amended Complaint was filed on December 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. r? Date rX-sa &DeIPP C'3 r_.a Q •?4 Lli `.7? Mark S. Golec, Plaintiff V. Lisa DePletro-Golec, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW : NO. 06 - 5768 CIVIL TERM : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301fc1 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date 6;?Lis6aDePietro- lee cn C3 Mark S. Golec, Plaintiff V. Lisa DePietro-Golee, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 5768 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on October 2, 2006 and Acceptance of Services signed on October 6, 2006; an Amended Complaint was filed on December 29, 2006 and Defendant signed consent to amend complaint on November 22, 2006. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff February 15, 2007; by the Defendant February 15, 2007. 4. Related claims pending: None 5. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on February 20, 2007; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on February 20, 2007; a copy of which is attached. 2? a Date: ?Az?& uire Mark F. Bayl=?GAN BAYLEY & 57 W. Pomfret St. Carlisle, PA 17013 717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff C= -n N ^y ;ern 77 IN THE COURT OF COMMON P OF CUMBERLAND COUNTY STATE OF PENNA. Mark S. Golec, Plaintiff NO. 5768 VERSUS Lisa DePietro-Golec, Defendant DECREE IN DI AS 2006 VORCE AND NOW, ^?_?, Z 7 ZOO, IT IS 012 ERED AND Mark S. Golec DECREED THAT PLA? TIFF, Lisa DePietro-Golec AND DEF, NDANT, 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 ORp R HAS NOT YET BEEN ENTERED; None. The Marital Settlement Agreement is incorporated u no merge with the Divorce Decree BY THE COU ATT VW: , _ ! I J. PRO-tHONOTARY - //?? ,-- ?- 4 (2, 1 - c--, 47 - Paul J. Esposito, Esquire I.D. #25454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161(facsimile) Cowuai for Plaintiff MARK S. GOLEC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LISA DePIEIRO-GOLEC, Defendant NO. 06-5768 Civil Term CIVIL ACTION - LAW IN DIVORCE ELECTION TO RESUME PRIOR NAME LISA DePIETRO-GOLEC, being duly sworn according to law, deposes and says that she is the Defendant in the above suit, which was filed with the Court of Common Pleas on December 29, 2006, at the above-referenced docket number. That Defendant wishes to retake and hereafter use her prior name of LISA MARIE DePIETRO, and therefore, gives written notice of avowing said intention, in accordance with the provisions of Title 54 Pa.C.S.A. §704(a). ISA DePIETRO-GOLEC To be known as LISA MARIE DePIETRO Aga Q,SA MARIE DePIETRO Sworn to a subscribed fore me this day of , 2007. Notary Pub(g COWAONWALTH OF PENNSMAM My Commission Expires: NO WW SOW S* A. Me*% NoWy FU* Cky 01 HWhk% DW"C=W W Co ff"M E*es SwL 17.2010 Msrnber, Pennsylvania Association of Notaries f W -+o N N N J