HomeMy WebLinkAbout01-5544KATHLEEN H. IDZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant·
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO.0/- ~y?c/ CIVIL TERM
: 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
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, 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, TO GET LEGAL HELP
SHOULD CONTACT:
Cumberland County Lawyer Referral Service
2 Liberty.4venue, Carlisle, Pennsylvania
1-(800)-990-9108
COYNE & COYNE, P.C.
Dated:
Camp Hill, PA 17011-4227
(717) 737-0464
Pa.. Supreme Ct. No. 53788
Attorney for Plaintiff
KATHLEEN H./DZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant·
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
: NO. 0t.-5 t Crv L
: IN DIVORCE
COMPLAINT UNDER SECTION 3301(c ) OR
3301(d) OF THE DIVORCE CODE
TO THE HONORABLE, JUDGES OF SAID COURT:
NOW COMES the Plaintiff, Kathleen H. Idzik, by her attorney, Lisa Marie Coyne,
Esquire and files this Complaint In Divorce and avers the following in support thereof:
1. Plaintiff, Kathlean H. Idzik, is an adult individual residing at 4517 Linden
Avenue, Apartment A, Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant, Matthew A. Idzik, is an adult individual residing at 166 W. South
Street, Carlisle, Cumberland County, Pennsylvania.
3. The parties have been bona fide residents in the Commonwealth for at least six
months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 18, 1999, at Apalaehin,
New York, and separated on or about August 1, 2001.
5. The Defendant is not a member of the Armed Services of the United States or
any of its Allies.
6. There are no children of the marriage.
parties.
7. There have been no prior actions of divorce or for annulment between the
8. The marriage is irretrievably broken.
9. After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant
may also file such an affidavit.
10. At the appropriate time, Plaintiff may submit an affidavit alleging that the
parties have lived separate and apart for at least two (2) years.
WHEREFORE, if both parties file affidavits consent to a divorce after ninety (90) days
have elapsed from the filing of this Complaint, or alternatively if the appropriate time has
elapsed since date of separation, Plaintiff respectfully requests this Honorable Court to enter a
Decree in Divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code, as may
be appropriate.
COUNT I - EQUITABLE DISTRIBUTION
1 I. The prior paragraphs of this Complaint are incorporated by reference.
12. Plaintiff and Defendant have acquired property, both real and personal, and debt
during their marriage.
13. Plaintiff and Defendant have been unable to agree as to the equitable division of
said property and debt.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debt pursuant to the Divorce Code.
Respectfully submitted:
COYNE & COYNE, P.C.
Dated:
By:
tEs~CeOetYNI~, Esquire
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff
The facts set forth in the foregoing are true and correct to the best of the
knowledge, information and b,~ and are verified subject to the ly~,lties for unswom
falsification to authorities under 18 Pa. C.S.A. §490,~.
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-05544 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
IDZIK KATHLEEN H
VS
IDZIK MATTHEW A
SHANNON SUNDAY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - DIVORCE was served upon
IDZIK MATTHEW A the
DEFENDANT , at 2127:00 HOURS, on the 2nd day of October , 2001
at 166 W SOUTH STREET
CARLISLE, PA 17013
MATTHEW IDZIK
a true and attested copy of COMPLAINT -
by handing to
DIVORCE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.25
Affidavit .00
Surcharge 10.00
.00
31.25
Sworn and Subscribed to before
me this /~,~- day of
~.~ ~k~! A.D.
Pr6thonot ary
So Answers:
R. Thomas Kline
10/03/2001
COYNE & COYNE
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KATHLEEN H. IDZIK, :
Plaintiff :
;
v. : NO. 01-5544 Civil Term
:
MATTHEW A. IDZIK, :
Defendant : IN DIVORCE
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree
in Divorce on the 23rd day of September, 2002, hereby elects to resume the prior surname of Kathleen M.
Hogan, and gives this written notice pursuant to the provisions of 54 P.S. Section 704.
Ka~31cen H. Idzik (Sign current sign )
(Sign hew sign )
COMMONWEALTH OF PENNSYLVANIA )
) SSi
COUNTY OF CUMBERLAND )
On the / ~/' day of 0¢ ~ ~ , 2002, before me, a Notary Public, personally appeared the
above affiant known to me to be the person whose name is subscribed to the within document and
acknowledged that she executed the foregoing for the purpose therein contained.
SEAL
In Witness Whereof, I have hereunto set my hand and official seal.
KATIH,EEN H. IDZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant.
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PA
:
: NO. 01-5544 CIVIL TERM
;
;
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry of a
divorce decree:
Code.
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
2. Date and manner of service of the complaint: October 23~ 2001 by Cumberland
County Sheriff.
3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff on September 5~ 2002; by defendant on September 5~ 2002.
4. Related claims pending: NONE
5. Date Plaintiff's and Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: September 6~ 2002.
Date:
COYNE & COYNE, P.C.
By:/, /EISA MARIE CO, NE, ESQUIRE
~ 3901 Market St. /
Camp ltill, PA 17011-4227
(717) 737-0464
Pa. Supreme Ct. No. 53788
Attorney for Plaintiff
KATHLEEN H. IDZIK,
Plaintiff,
VS.
MATTI~EW A. 1DZIK,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5544 CIVIL TERM
_.
..
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 5, 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 of 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. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification
to authorities.
KATHLEEN H. IDZIK,
Plaintiff,
VS.
MATTHE. W A. IDZIK,
Defendant.
: IN T}ll~ COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5544 CIVIL TERM
.,
.,
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECR~ UNDER SECTION 3301(c)
OF IHE DIVORCE CODE
I. 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 ifI 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 flied 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.
Date:
I~HLEEN H. IDZIK, Plaintiff
KATHLEEN H. IDZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant.
: IN TItl~ COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
: NO. 01-5544 CIVIL TERM
:
:
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on March 5, 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 of divorce after service of notice of intention to
request entry of the decree.
I verify that the statements made in this affidavit are tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification
to authorities.
MATTH ~W A. l]}ZII~, Defendant
KATHLEEN H. IDZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-5544 CIVIL TERM
:
:
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREF~ UNDER SECTION 3301(c)
OF THE DIVORCE COD~,
I consent to the entry of a final decree of divorce without notice.
I understand that I may lose fights concerning alimony, division of property, lawyer's
fees or expenses ifI 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 mc 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.
Date:
MA'ITHI~W A~IDZIK, Defenaam ~ '~' ! ~
KATYII,EEN H. IDZIK,
Plaintiff,
VS.
MATTl~W A. IDZIK,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
*_
: NO. 01-5544 CIVIL TERM
..
: IN DIVORCE
WAIVER OF NOTICE OF COUNSELING
I, KATTHLEEN H. IDZIK, Plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down by the Court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. No.
4904 relating to unswom falsification to authorities.
Dated:
KATIH,EEN H. IDZIK,
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant.
: IN TItE~ COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 01-5544 CIVIL TERM
_.
..
: IN DIVORCE
WAIVER OF NOTICE OF COUNSELING
I, MATTHEW A. IDZIK, Defendant, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of mamage 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. No.
4904 relating to unswom falsification to authorities.
Dated: DX'-
KATHI,EEN H. IDZIK,
Plaintiff,
VS.
MATTWFW A. IDZIK,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-5544 CIVIL TERM
IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
this ~ ~'~day of ~/~"~ , 2002, by and between
THIS
AGREEMENT,
made
KATHLEEN H. IDZIK, hereinafter referred to as "Wife", and MAT13IEW A. IDZIK, hereinafter
referred to as "Husband".
WlTNESSE~:
WHEREAS, Husband and Wife were lawfully married on September 18, 1999 in Apalachin,
New York and separated on August 1, 2001; and
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and now live separate and apart from one another, and 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 past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the
settling of any and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and
rights growing out of the marriage relationship; and
WHEREAS, the parties hereto, after being properly advised to obtain respective legal counsel.
Wife has retained the legal services of attorney, Lisa Marie Coyne, Esquire.
NOW, THEREFORE, in consideration of the above recitals and the following covenants and
promises mutually made and mu}ually to be kept, the parties heretofore, intending to be legally bound
and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows:
1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate
and apart from the other at such place or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE: Each party shall be free from interference, authority and contact by
the other, as fully as if he or she were single and married, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in
any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or
she were single and unmarried.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation
on or about August 1, 2001 she has not, and in the future she will not, contract or incur by debt or
liability for which Husband or his estate might be responsible and shall indemnify, defend and save
Husband harmless from any and all claims or demands made against hiTM by reason of debts or
obligations incurred by her. Further, Husband acknowledges that since the parties' separation he made
withdrawals from the parties' joint PSECU Account and because of those withdrawals, the account has
been overdrawn and charges have attached to that account. Therefore, upon signing this Agreement,
Husband shall make payment to Wife in the amount of One Hundred Dollars ($100.00) in full
satisfaction of the unauthorized withdrawals and the charges associated thereto.
4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their
separation on or about August 1, 2001 he has not, and in the future he will not, contract or incur any debt
or liability for which Wife or her estate might be responsible and shall indemnify, defend and save Wife
harmless fi.om any and all claims or demands made against her by reason of debts or obligations incurred
by him.
5. OUTSTANDING MARITAL DEBT' Husband and Wife acknowledge and agree that
they have no outstanding marital debts and obligations including prior to the signing of this Agreement,
except as follows:
Item:
Person Assuming
Responsibility
1. Allfirst Bank (Jeep Loan) Husband ($19,662.00 as of 9/2001)
2. AT&T Cell Phone Bill (Acct. #AWFI04-2335490) Husband ($219.95 as of 9/2001)
3. GMAC (Saturn Loan) Wife ($21,119.00 as of 9/2001)
4. Dauphin Deposit Acct.#5860132022004211 Wife ($850.00 as of 9/2001)
Parties shall take all reasonable steps to refinance the Allfirst Bank and GMAC loans within or
otherwise obtain the other party's unconditional release fi.om said debt(s) within sixty (60) days of this
agreement. Each party shall pay said debt until refinanced and shall defend, indemnify, and save
harmless the other fi.om any and all claims and demands made against either of them by reason of such
debts or obligations. In the event either party cannot obtain re-financing within sixty (60), they will
continue their efforts until they obtain the other party's release fi.om said debt.
6. MUTUAl, REI`E,4SF~: Subject to the provisions of this Agreement, each party waives
his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree
that this Agreement provides for an equitable distribution of their marital property in accordance with the
Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives,
executors, administrators and assigns, release and discharge the other of and from all causes of action,
claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divorce and except in any or all causes of
action for breach of any provisions of this Agreement. Each party also waives his or her fight to request
marital counseling pursuant to 23 Pa. C.S.A. Section 3302.
7. EOUIT. dBLE DISTRIBUTION OF MARITAL PROPERTY: The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23
Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the
marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate,
liabilities and needs of each of the parties; the contribution of each party to the education, mining or
increased earning power of the other party; the opportunity of each party for future acquisitions of capital
assets and income; the sources of income of both parties, including but not limited to medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation,.
depreciation or appreciation of the marital property, including the contribution of each spouse as a
homemaker, the value of the property set apart to each party; the standard of living of the parties
established during the marriage; and the economic circumstances of each party at the time the division of
property is to become effective.
The division of existing marital property is not intended by the parties to constitute in
any way a sale or exchange of assets, and the division is being effected without the introduction of
4
outside funds or other property not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAl, PROPERTY: The parties hereto mutually
agree that they have effected a satisfactory division of the furniture, household furnishings, appliances,
and other household personal property between them. Upon separation Wife removed, with Husband's
consent, furniture, household furnishings, appliances and other household personal property as reflected
in Exhibit "A" attached hereto which reflects what property Wife will retain. All other property not
listed on Exhibit "A" shall be the property of Husband. The parties mutually agree that each party shall
from and after the date hereof be the sole and separate owner of all such tangible personal property
presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of
sale from each party to the other for such property as may be in the individual possession of each of the
parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction, all
intangible marital property as follows:
.Wife: PSECU Account
Neither party shall make any claim to any such items of marital ProPerty, or of the separate
personal property of either party, which are now in the possession and/or under the control of the other.
Should it become necessary, the parties each agree to sign, upon request, any rifles or documents
necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the
control of either party if, in the case of tangible personal property, the item is physically in the possession
or control of the party at the time of the signing of this Agreement and, in the case of intangible personal
property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or
certificate of insurance or other similar writing is in the possession or control of the party.
From and after the date of the signing of this Agreement, both parties shall have complete
freedom of disposition as to his/her separate property and any property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or
dispose of such property, whether real or personal, whether such property was acquired before, during or
after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed,
mortgage, or other instrument of the other pertaining to such disposition of property.
B. DISPOSITION OF REAL ESTATE: The parties do not own any real estate.
C. TAX LIABILITY: The parties believe and agree that the division of property heretofore
made by this Agreement is a non-taxable division of property between co-owners rather than a taxable
sale or exchange of such property. Each party promises not to take any position with respect to the
adjusted basis of the property assigned to him or her or with respect to any other issue which is
inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax
returns.
8. MOTOR VEHICI~F~.V: Husband shall retain the 1999 Jeep Cherokee. Wife will sign-
over title to Husband. Wife shall retain the 2001 Saturn L300. Husband will Sign-over title to Saturn to
Wife and Husband will return to Wife Key to 2001 Saturn L300.
9. HEALTH INSURANCE: Parties shall provide their own health insurance. Further,
neither party shall be responsible for any health costs or medical expenses incurred by the other and each
shall indemnify and hold harmless the other from any claim put forth in that regard.
10. PENSIONS: The parties agree to waive any claim which they may have to the other
spouse's pension or retirement benefits, if any so exist.
11. /ILIMONY: The parties expressly agree that the provisions of this Agreement providing
for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either
may now or hereafter have against the other for maintenance or alimony. Husband and Wife further,
voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for
alimony.
12. /ILIMONY PENDENTE LITE, COUNSEL FF~F~.~g, AND EXPENSES: Husband
shall pay to Wife Five Hundred Dollars ($500.00) towards Wife's attorney fees and costs within thirty
(30) days of this Agreement. Otherwise, Husband and Wife further, voluntarily and knowingly, waive
and relinquish any right to scck from thc other any payment for alimony pendcntc lite, counsel fees, and
expenses.
13. .INCOME T/IXRETURNS: The parties have heretofore filed joint federal and state tax
returns through 2000. Both parties agree that in the event any deficiency in federal, state or local income
tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify
and hold ham'dess the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the
cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income
on the aforesaid joint returns. Further, Husband shall pay Wife Three Hundred Dollars ($300.00), which
represents one-half of the Tax Retired issued concerning their jointly filed 2000 federal income tax return
and withheld by the IRS due to Husband's Default on his Veterans Administration Student Loan.
14. WAIVERS OF CLAIMS AGAINST ESTATES~ Except as herein otherwise
provided, each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future
laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, fight
and 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. 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 his mutual waiver and
relinquishment of all such interests, rights and claims.
15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their
marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to
the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties
agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct
their respective attorneys to forthwith file such consents, affidavits, or other documents as may be.
necessary to promptly proceed to obtain a final decree in divorce pursuant to said 23 Pa. C.S.A. Section
3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the
named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to
expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action for divome
which may be instituted or prosecuted by either party and no order, judgment or decree of divorce,
temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final
divorce, but shall be incorporated for the purposes of enforcement only.
16. BREACH AND ENFORCEMENT: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach,
or seek such other remedies or relief as may be available to him or her, and the party breaching this
Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in
enforcing his or her rights under this Agreement.
17. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
18. TAX~IDVICE: Both parties hereto hereby acknowledge and agree that they have had
the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney
with reference to the tax implications of this Agreement. Further, neither party has been given any tax
advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have
been advised, by their respective attorneys, to seek their own independent tax advice by retaining an
accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications
involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this
Agreement serve as their acknowledgment that they have read this particular paragraph and have had the
opportunity to seek independent tax advice.
19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, if any, and each party acknowledges
that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of
the assets of both parties, and that it is not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information relating to the financial affairs of the
other which has been requested by each of them or by their respective counsel.
20. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with
respect to the distribution and division of marital and separate property are fair, equitable and satisfactory
to them based on the length of their marriage and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the provisions of this Agreement
with respect to the division of property in lieu of and in full and f'mal settlement and satisfaction of all
claims and demands that they may now have or hereafter have against the other for equitable distribution
of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or
any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to
seek a court ordered determination and distribution of marital property, but nothing herein contained
shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or
she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which
such party has an interest, the sources and amount of the income of such party or eve~ type whatsoever
and of all other facts relating to the subject matter of this Agreement.
10
22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions
of this Agreement shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
23. pRIOR AGREEMENT. It is understood and agreed that any and all property
settlement agreements which may or have been executed pri°r to the date and time of this Agreement are
null and void and of no effect.
24. pESCRIPT1VE ttE4DINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or obligations of the
parties.
25. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed
by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and
independent covenant and agreement.
26. APPLICABLE LAW,. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall
be deteimined or declared to be void or invalid in law or otherwise, then only that te~m, condition, clause
or provision shall be stricken fi.om this Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
28. .AGREEMENT BINDING ON I4FJR,~. This Agreement shall be binding and shall
inure to the benefit of the parties bereto and their respective heirs, executors, administrators, successors,
and assigns.
11
IN VeTTNESS WHEREOF, the parties intending to be bound hereto have set their hands and
seals the day and year first above written.
~ness
Katl~en H. Idzik, Wife
l~atthe~ A./~dzilc, Husband
12
-8 ?/28/2882
-. :. ~j .
7i77309208 PE~
Plaintiff,
VS.
MATTHEW A. IDZIK,
Defendant.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
NO. 01 - 5544 CIVIL TERM
IN DIVORCE
PREACIPE
TO THE PROTHONOT~4RY:
Kindly docket of record the attached Marriage Settlement Agreement dated September 5, 2002.
Respectfully,
COYNE & COYNE, P.C.
Dated:
Lisa Maric/J~'oync, Esquire
Pa. Supreme Ct. No. 53788
3901 Market Street
Camp Hill, PA 170114227
(717) 737-0464
Attorney for Plaintiff
IN THE cOUrt Of COMMON PLEAS
Of CUMBERLAND COUNTY
STATE OF
KATHLEEN H. IDZIK,
Plaintiff
Versus
MATTHEW A. IDZIK,
Defendant
PENNA.
DECREE IN
DIVORCE
AND NOW ........... .~../:'...¢?~L-~....../7.T., t~..~..a..'?r~ it is ordered and
decreed that ...... .~.n.T.~.~.s.~..~' ~....~.D.S.~?. ....................... plaintiff,
and ................ .z~. ?~..~?. ?.....~s.~..~ ....................... 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;
is incorporated and not merged.~
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
v.
MATTHEW A. IDZIK,
Defendant (Respondent)
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR ENFORCEMENT
1. Petitioner is Kathleen M. Hogan, an adult individual residing at 4904 Shasta Way,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Respondent is Matthew A. Idzik, an adult individual residing at 303 S. Ridge Road,
Boiling Springs, Cumberland County, Pennsylvania 17050.
3. On September 5, 2002, Petitioner and Respondent entered into an Agreement which,
by its terms, resolved all issues surrounding the parties' divorce issues. This Agreement was
incorporated and merged into the Decree in Divorce entered on September 13, 2002. A copy of said
Agreement and Decree is attached hereto as Exhibit "A" and incorporated herein by reference.
4. Paragraph 8 (page 6) of the Agreement addressed the disposition of Motor Vehicles.
It provides, inter alia:
Husband shall retain the 1999 Jeep Cherokee. Wife will sign over title to Husband.
Debt. This paragraph provides, inter alia:
Item:
1. Allfirst Bank (Jeep Loan)
Paragraph 5 (page3) of the Agreement addresses the issue of Outstanding Marital
Person Assuming Responsibility
Hu:sband ($19,662.00 as of 9/2001)
6. The Allflrst Bank loan requires Respondent to make payments of SIX HUNDRED
SIXTY-THREE DOLLARS and 34/100 ($663.34) per month tar the Jeep until paid in full.
7. Respondent has ceased making payments on the, Allfirst Bank loan as of February,
2004. Petitioner has paid these outstanding payments in order to preserve her credit rating and to
avoid judgment against her. Therefore, Petitioner has suffered a significant financial loss totaling
TWO THOUSAND SIX HUNDRED SIXTY DOLLARS ($2,660.000), including late fees as of June
4, 2004.
8. Attempts have been made to contact Respondent demanding payments and to
determine why his payments have ceased as of February, 2004, but these have been to no avail.
9. Petitioner requests this Honorable Court order ll:espondent to pay within thirty (30)
days of the Order, the total amount remaining due on the vehicle in full to Allfirst Bank.
10. Alternately, if Respondent does not pay the vehicles encumbrance in full to Allfirst
Bank within thirty (30) days of the Order, Petitioner requests that This Honorable Court order
2
Respondent to immediately produce the Jeep and tender same to Allflrst Bank for repossession.
11. Respondent shall be solely liable for any deficiency judgment for non-payment and
order that Petitioner shall be indemnified from any such Judgment.
12. Respondent shall reimburse Petitioner SIX HUNDRED SIXTY-THREE DOLLARS
and 34/100 ($663.34) for each month she has paid towards the Jeep's Allfirst Bank loan until that
debt is satisfied in full.
13. Paragraph 16 (page 9) of the Agreement provides, inter alia:
... If either party breaches any provision of this Agreement, the other party shall have
the fight, at his or her election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him er her, and the party breaching this
Agreement shall be responsible for payment of attorney fees and court costs incurred
by the other in enforcing his or her rights under 'this Agreement.
14. Respondent breached the Marital Settlement Agreement by not making the
required payments on the vehicle loan.
15. Petitioner has been required to hire and pay for counsel and incurred costs incident
to said Agreement.
16. Award of counsel fees and costs will be in accordance with the parties'
Agreement, as well as to Section 3105(a) and 3502(e) of the Divorce Code of 1980.
WHEREFORE, Petitioner requests this Honorable Court to enter an Order as follows:
Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank
within thirty (30) days of the Order;
If Respondent does not pay the loan in full within the thirty (30) days, he shall be
obligated to immediately produce the Jeep Cherokee and tender same to the lien
holder, Allfirst Bank, for repossession;
Respondent shall be solely liable for any Deficiency Judgment incurred in the
repossession process;
Respondent shall reimburse Petitioner Six Hundred Sixty-three Dollars and 34/100
($663.34) for each of the months in which no payments were made on the vehicle.
To date, this equals the sum of Two Thousand Six Hundred Sixty Dollars
($2,660.00) and is continuing;
Respondent shall pay to Petitioner the actual costs for attorney fees and costs she
incurred arising from enforcement of the parties" Agreement. This includes, but is
not limited to, the attorney fees and costs incurred for the preparation and
presentation of this Petition and attendance at hearing; and
Any other relief this Court deems equitable.
/Barbara Sun~ ~le-Sullivan, Esquire
Attorney tbr Petitioner
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774.-1445
Supreme Court I.D. No. 32317
Exhibit A
KAl'HI ,EEN H. ][DZIK,
Plaintiff,
M_~'l-rl~W A.
Defe~a.-~
TO TI-IE PROTHONOTARY:
: IN TH ~; COURT OF CON, ION PLEAS
: OF CUM~BERLAND COl. Jhq3r, PA
: NO. 01 -- 5544
: IN DIVORCE
PREAcH'E
CIVIL TElhM
Kindly docket of record the attached Marriage Settlement Agreement dated September 5, 2002.
Respectfully,
COYNE & COYNE, P.C.
Dated:
Lisa Marie,~oyne, Esquire
Pa. S~eme Ct. No. 53788
390t Market Street
Camp Frill PA 170114227
(717) 737-0464
Attorney for Plaintiff
KATHLEEN H. IDZIK,
Plaintiff,
MA'IwH~W A. H)ZIK,
Defendant.
: IN TlCIE COIYRT OF COMMON PLEAS OF
: CUMBERLANI} COUNTY, PENNSYLV.&NIA
: NO. 01-5544 CI~FIL TERM
: IN DIVORCE
MARRIAGE SETTLEMENT AGRE,E1V[ENT
THIS AGREEMENT, made this - day of ' ,2002, by and between
KATHLEEN H. IDZIK, hereinafter referred to as "Wife", and IVIA'I-I'IrlEW A. IDz&K~ hereinafter
referred to as "Husband".
WlTNESSETH:
WHEREAS, Husband and Wife were lawfully married on September 18, 1999 in Apalachin,
New York and separated on August I, 2001; and
WHEREAS, certain differences have arisen between the parties as a result of which they have
separated and now live geparate and apart fi-om one another, and are desirous of settling fully and finally
their respective fmancial and property fights and obligations as between each other, including, without
limitation by specification: the settling of all matters between them relating, to the past, present and
future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the
settling of any and all claims and possible claims by one against the other or against their respective
estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and
rights growing out of the marriage relafionsh/p; and
WHEREAS, the parties hereto, after being properly advised to obtain respective legal counsel.
Wife has retained the legal serv/ces of attorney, Lisa Marie Coyne, Esquire.
NOW, THEREFORE, in consideration of the above recitals and the following covenants and
promises mutually made and mutually to be kept~ the part/es heretofore, intending to be legally bound
and to legally bind their heirs, successors and assigns thereby, cove:nant, prom/se and agree az follows:
i. SEPARATION: It shall be.lawful for each party at all times hereafter to live separate.
and apart from the other at such place or places as he or she may from time to time choose or deem fit.
2. INTERFERENCE: Each party shall be free from/nterference, authority and contact by
the other, as fully as if he or she were single and unmarried, excep,.~ as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest the other :nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in
any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or
she were single and unmarried.
3. WIFE'S DEBTS: Wife represents and warrants to Husband that since theft' separation
on or about August 1, 2001 she has not, and in the future she will not, contract or incur by debt or
liability for which Husband or Ms estate might be responsible and shall indemnify, defend and save
Husband harmless from any and all claims or demands made against him by reason of debts or
obligations incurred by her. Further, H,csband acknowledges that since the parties' separation he made
withdrawals from the parties' joint PSECU Account and because of those withdrawals, the account has
been overdrawn and charges have attached to that account. Therefore, upon signing th/s Agreement,
Husband shall make payment to Wife in the amount of One Hundred Dollars ($100.00) in full
satisfaction of the unauthorized withdrawals and the charges associa~_~d thereto.
2
4. HUSBAND'S DEBT.g: Husband represents mad ~varrants to Wife that since their
separation on or about August 1, 2001 he has not, and in the future he will not, contract or incur any debt
or liability for which Wife or her estate might be responsible and shall inden-mify, defend and save Wife
harmless from any and all claims or demands made against her by mason of debts or obligations incurred
by him.
5. OUTST~4NDING M.4RIT.4L DEBT: Husband and Wife acknowledge and agree that
they have no outstanding marital debts and obligations including prior to the signing of this Agreement,
except as follows:
Person Assuming
Item: R.__esponsibiliW
1. Atlfn-st Bank (Jeep Loan)
2. AT&T Cell Phone Bill (Acct. #ATY104-2335490)
3. GMAC (Saturn Loan)
4. Dauphin Deposit Acct.#5860132022004211
Hu:5band ($19,662.00 as of 9/2001)
Husband ($219.95 as of 9/2001)
Wife ($21,119.00 as of 9/2001)
Wife ($850.00 as of 9/2001)
Parties shall take all reasonable steps to refinance the Allf'n'st Bank and GMAC loans within or
otherwise obtain the other party's unconditional release fi-om said debt(s) w/thin six~- (60) days of .*..his
agreement, Each party shall pay said debt nntil refinanced and shall defend, ind~fy, and save
harmless the other fi-om any and all claims and demands made against either of them by mason of such
debts or obligations. In the event either party cannot obtain re-financing within sixty (60), they will
continue their efforts until they obtain the other party's release fi-om said debt.
6. ?GUTUAE RE£E.i~E:.· Su j~Sject to ~e pro,ions o!~this Agreement, each party waives
his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree
that this Agreement provides for an equitable distribution of their marital property m accordance with the
Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and
discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives,
executors, admimstrators and assigns, release and discharge the other of and from all causes of action,
claims, fights or demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except any or all cause or causes of action for divoree and except in any or all causes of
action for breach of any provisions of this Agreement. Each party also waives his or her right to request
marital counseling pursuant to 23 Pa. C.S.A. Section 3302.
7. EOUITABLE DISTRIBUTION OF MARIZ~4I, PROPERTY: The parties have
attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23
Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the
marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate,
liabilities and needs of each of the parties; the contribution of each party to the education, mining or
increased earning power of the other party; the opportunity of each party for future acquisitions of capital
assets and income; the sources of income of both parties, including but not lirrdted to medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation,
depreciation or appreciation of the marital prop~, including the c0fitih'bUtion of each spous~ a~ a
homemaker; the value of the property set apart to each party; the standard of living of the parties
established during the marriage; and the economic circumstances of each party at the t/me the division of
property is to become effective.
The division of existing maritaI property is not ira:ended by the parties to constitute in
any way a sale or exchange of assets, and the division is being effected without the introduction of
4
outside funds or other proper~y not constituting marital property. The division of property under this
Agreement shall be in full satisfaction of all marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY: The parties hereto mutually
agree that they have effected a satisfactory division of the furniture, household furniskings, appliances,
and other household personal property, between them. Upon sep~'tratinn Wife removed, ~5th Husband's
consent, furniture, household furnishings, appliances and other household personal property as reflected
in Exl'n'bit "A" attached hereto which reflects what property Wife will retain. All other property not
listed on Exhibit "A" shall be the property of Husband. The parties mutually agree that each party shall
fi:om and after the date hereof be the sole and separate owner of all such tangible personal property
presently in his or her possession, and this Agreement shah have the effect of an assi~onment or hill of
sale fi:om each party to the other for such property as may be in the individual possession of each of the
parties hereto.
The parties hereto have divided between themselves, to their mutual satisfaction, all
intangible marital property as follows:
Wife: PSECU Account
Neither party shall make any cla/m to any such items of ,marital property, or of the separate
personal property of either party, which are now in the possession and/or under the eonU'ol of the other.
Should it become necessary, the parties each agree to sig~, upon request, any ritles or documents
necessary to give effect to this paragraph. Property shall be deeme, d to be in the possession or under the
control of either party if, in the case of tangible personal property, the item is physically in the possession
or conlzol of the party at the time of the signing of this Agreement and, in the case of intangible personal
5
property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or
cexitificate of/nsurance or other similar writing is in the possession or control of the party.
From and after the date of the signing of this Agreement, both parties shall have complete
freedom of disposition as to his/her separate property and any property which is in their possession or
control pursuant to this Agreement and may mortgage, sell, grmat, convey, or othervdse encumber or
dispose of such property, whether real or personal, whether suph property was acquired before, during or
after marriage, and neither Husband nor Wife need jo/n in, consent to, or acknowledge any deed,
mortgage, or othei- instrument oft. he other pertaining to such disposition of property.
B. /DISPOSITION OF REAL EST.4TE: The parties do not own any real estate.
C. TAP(LIABILITY: The parties believe and agree that the division of property heretofore
made by tiffs Agreement is a non-taxable division of property between co-owners rather than a taxable
sale or exchange of such property. Each party promises not to hake any position w/th respect to the
adjusted basis of the property ass/gned to him or her or with respect to any other issue which is
inconsistent with the position set forth in the preceding sentence on h/s or her Federal or State income tax
returns.
8. .~OTOR VEttJCLE$': Husband shall retain the 1!999 Jeep Cherokee. Wife wi!! sign-
over title to Husband. Wife shall retain the 2001 Saturn L300. Husband will gigi~C6wr title t6 Saff//-h to
Wife and Husband will return to Wife Key to 2001 Saturn L300.
9. I-IEXi, TI-I INSUR,4dVCE: Parties shall provide their own health insurance. Further,
neither party shall be responsible for any health costs or medical expenses incurred by the other and each
shall 5udcrm-d~- and~hotd haz'r~ss~ other ~om an~ ~I~i-m pfit f6/-~i in that regard.
6
10. PENSIONS: The parties agree to waive any claim which they may have to the other
spouse's pension or retirement benefits, if any so exist.
11. ALIMONY: The parties expressly agree that the pr~visions of this Agreement prov/ding
for equitable distribution of maritat property are fair, adequate and satisfactory to them and are accepted
by them in lieu of and in full and final settlement and satisfaction of any claims or dem~,~ds that either
may now or hereafter have against the other for maintenan~ or MLmony. Husband and .Wife further,
voluntar/ly and knowingly, waive and relinquish any right to seek from the other any payment for
alimony.
12. ALIMONY PENDENTE LITE. COUNSEL Fi~';, AND EXPENSES: Husband
shall pay to Wife Five Hundred Dollars ($500.00) towards Wife's attorney fees and costs ~hthin th/try
(30) days of this Agreement. Otheradse, Husband and Wife fi~Ja,~, voluntarily and knowingly, waive
and relinquish any right to seek fi'om the other any payment for alimony pendente lite, counsel fees, and
expenses.
13. INCOME TAXREIT. IPOVS: The parties have heretofore filed joint federal and state tax
returns through 2000. Both parties agree that in the event any deficiency in federal, state or lucal income
tax is proposed, or any assessment of an)' such tax is wade aga;_ust ei*_her of them, each wffi indemnify
and hold- harmless the other froiff' afi~ a-~i-figt Any 1~ o? Iia-b~if~ for any such ~ def?ci~cy or
assessment and any interest, penalty and expense incurred in comae.ct-ion therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the individUal who is finally det~ ,,,;,,ed to be the
cause of the misrepresentations or fa/lures to disclose the nature and extent of his or her separate income
on the a~foresaid joint r~tt/mi. Fur/fei-, Husband shall pay Wife Three Hu~d'I~ollm ($300.00)~ which
7
represents one-half of the Tax Refund issued concerning their jointly filed 2000 federal income tax return
and withheld by the II~S due to Husband's Default on his Veterans Administration Student Loan.
14. WAIVERS OF CI_~IMS AG.41NST EST~ITE$: 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 hareaf~er 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, curtsey, statutory allowance, widow's allowance, right
and take in intestacy, right to take against the will of the other, and right to act as admirdstmtor or
executor of 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 his mutual waiver and
relinquishment of all such interests, rights and claims.
15. MUTUAL CONSENT DIVORCE: The parties: agree and acknowledge that their
marriage is irretrievably broken, that they d~ not desire marital counseling, and that they both consent to
the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties
agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct
their respective attorneys to forthwith file such consents, affida,cits, or other documents as may be
necessa~ to promptly proceed to obtain a final decree in divorce pursuant to said 2~ Pa. C:S.A~ Section
330t(c). Upon request, to the extent permitted by taw and the applicable Rules of Civil Procedure, the
named defendant in such divorce action shall execute any waivers ofnotine or other waivers necessary to
expedite such divorce.
It is the intention of the parties that the Agreement shall survive any action for divorce
which may be instituted or prosecuted by either party and no order, judgment or decree of divorce,
8
temporary, final or permanent, shall affect or mod/fy the financial terms of this Agreement. This
Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final
divorce, but shall be incorporated for the purposes of enforcement only.
16. BREACH AND ENFORCEMENT: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach,
or seek such other remedie~ or relief as may be available to him or her, and the party breaching this
Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in
enforcing his or her r/ghts under this Agreement.
17. ADDITIONAL INSTRUMENT~;; Each of the pa'riles shall fi-om time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to the provisions of this Agreement.
18. TAX AD VICE: Both parties hereto hereby acknowledge and agree that they have had
the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney
with reference to the tax implications of this Agreement. Further, neither party has been given any tax
advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have
/
been advised, by their respective attorneys, to seek their own independent tax advice by retaining an
~g~countant, certified public accountant, tax attorney, or tax advisor with ref~r~n~ fo the~ impfida~fions
involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this
Agreement serve as their acknowledgment that they have read this pmrticular paragraph and have had the
opportunity to seek independent tax advice.
19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, if any, and each party acknowledges
that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of
the assets of both parties, and that it is not the result of any duress or undue influence. The parties
acknowledge that they have been furnished with all information relating to the £maneial affairs of the
other which has been requested by each of them or by their respective counsel.
20. ENTIRE AGREEMENT: TI'ds Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those expressly
set forth herein. Husband and Wife acknowledge and agree tha'~ the provisions of this Agreement with
respect to the distribution and (iix/sion of marital and separate property are fair, equitable and satisfactory
to them based on the length of their mamage and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the provisions of this Agreement
with respect to the d/vision of property in lieu of and in full and final settlement and satisfaction of all
claims and demands that they may now have or hereafter have against the other for equitable distr/bution
of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or
any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to
seek a court ordered determination and distn'bution of marital property, but nothing herein contained
shall constitute a waiver by either pa-'ty of any rights to seek the relief of any court for the purpose of
enforcing the provisions of this Agreement.
21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or
she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which
such party has an interest, the sources and amount of the income of such party or every type whatsoever
and of attother facts ~ to the subject matter-of this Agreement~
I0
22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions
of this Agreement shall be effective only if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature.
23. PRIOR AGREEMENT: It is understood and agreed that any and all property
settlement agreements which may or have been executed prior to the date and time of this Agreement are
null and void and of no effect.
24. DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the fights or obligations of the
parties.
25. INDEPENDENT SEPARATE COVEN~TS: ]'t is specifically understood and agreed
by and be'~;veen the parties hereto that each paragraph hereof shall be deemed to be a separate and
independent covenant and agreement.
LAW.' TNs Agreement shall be construed under the laws of the
26. APPLICABLE
Commonwealth of Peunsylvan/a.
27. VOID CLA USES: .h° 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 terai, 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.
28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall
inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors;
and assigns.
11
IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and
seals the day and year first above writ~.
(SEAL)
'~l~thleen H. Idzik. Wife
bt~atthe~ A. Id~--H'uxband'
12
8 .=:./. 2 ~ 12887.
· },T- r- '
7177389288
PEH~3
~i IN THE COURT OF COMMON PLEAS
O CUMBERLAND COUNTY
STATE OF PENNA.
KATHLEEN H. IDZIK,
Plaintiff.
MATTHEW A. IDZIK,
Defendant
DECREE IN
DIVORCE
AND NOW, Septe, mber. 13 ................ A~ZQ02.,, it is ordered and
decreed that ..... K~T~:~.~;~, ~,...I~.~.~. ........................ plaintiff,
and MATTHEW A, IDZIK d d
......................................................... efen ant,
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;
zs ~ncorporated and not merged.
By The Court:
Kevin A Hess
Attest:
Certified
" Copy Issued:
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
: IN THE COURT OF COMMON PLEAS
: CUBERLAND COUNTY, PENNSYLVANIA
:
: Docket No. 01-5;544
:
: CIVIL ACTION - LAW
: 1N DIVORCE
VERIFICATION
I, Kathleen M. Hogan, hereby certify that the facts set forth in the foregoing PETITION
FOR ENFORCEMENT are tree and correct to the best of my knowledge, information and
belief. I understand that any false statements made herein are subject to penalties of 18 Pa.
C.S.A. Section 4904 relating to unswom falsification to authorities.
Dated: (o/ \ (.~ ,2004
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland. PA 17070
(717) 774-1445
Counsel for Plaintiff
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a true and correct copy of the PETITION FOR ENFORCEMENT, in the above-captioned
matter upon the following individual, by United States first-class mail, postage prepaid, addressed as
follows:
DATE: June f-~-, 2004
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17050
fib arb~;aX/S umple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioner
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
MATTHEW A. IDZIK,
Defendant (Respondent)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: IN DIVORCE
RULE
AND NOW, this ~_[.q2[_ day of '~,_~_m ~ , 2004 on consideration of
PlainfiWs Petition for Enforcement, a RULE is issued on Defendant to show cause, if any,
why the Court should not grant the relief requested.
The Rule is returnable within 9~ 25 days from:the date of service hereof.
BY THE COURT:
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for petitioner
KATHLEEN M. HOGAN,
: 1N THE COURT OF COMMON PLEAS
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 01-5544
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
Petitioner is Kathleen M. Hogan.
Respondent is Matthew A. Idzik.
On or about June 16, 2004, Petitioner filed a Petition for Enforcement of the parties
Marital Settlement Agreement.
4. On June 21, 2004, the Honorable J. Wesley Oler, issued a Rule, returnable within
twenty (20) days, to show cause why Petitioner should not be allowed to have the terms of the
Martial Settlement Agreement enforced.
5. Said Rule was served on Respondent by Certified Mail No. 7002 2410 0006 7111
3560 dated June 25, 2004. A copy of the documentation indicating receipt of said Rule by
Respondent is attached hereto and incorporated herein by reference as Exhibit "A." 6. No answer or other response has been formally filed in this matter.
7. No contact has been made at all to Petitioner or Petitioner' s counsel by Respondent or
any counsel representing him.
8. To date, Petitioner has incurred costs in the amount of approximately $796.02 to
review this matter, attempt collection, file this action.
9. To date, Petitioner has now paid six (6) months of the car payment, or a total to date
of Four Thousand One Hundred Forty Dollars and 41/100 ($4,140.41).
10. Petitioner requests the Order attached hereto as F, xhibit "B" be entered.
WHEREFORE, Petitioner requests the Rule be
entered.
DATE: Jul3t~0, 2004
: made ak~l~u~and the proposed Order be
~~ Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
2
EXHIBIT "A"
LAW OFFICES
BARBARA SUMPLE- SULLIVAN
June 23, 2004
CERTIFIED MAIL-RETURN RECEIPT REQUES'IlgD
CERTIFICATE NO. 7002 2410 0006 7111 3560 AND
VIA CERTIFICATE OF MAIL REGULAR FIRST CLASS MAIL
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17007
Dear Mr. Idzik:
Enclosed constituting service on you is the Court Order dated June 21, 2004 which
requires you to file a response pleading within twenty (20) days of the date of service of
this Rule. Please consult your attorney on this matter.
$iflc.0r'e~ ~t ~r~, /
Barbara Suraple-Sullivan
BSS/Id
Enclosure
cc: Ms. Kathleen M. Hogan
U.S. POSTAL SERVICE CERTIFICATE OF MAILING ~
pMl~oy~ EDEUFSoE~ ]FNO~iDO~cEES_T; C AND iNTERNATIONAL MAIL, DOES NOT
549 Bridge Street ' - ~
New Cumberland, PA 17070-19!
One pisce o[ ordinar~ ma. aaaresse~ to: -k ~a,~
o , ' ' /
PS Form 3817, January 2(101
EXHIBIT "A"
EXHIBIT "B"
KATHLEEN M. HOGAN,
: IN THE COURT OF COMMON PLEAS
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, this __ day of
,2004 upon consideration of Plaintiff's
Petition for Enforcement, it is hereby ORDERED and DECREED as follows:
Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank
within thirty (30) days of the Order;
If Respondent does not pay the loan in full within the thirty (30) days, he shall be
obligated to immediately produce the Jeep Cherokee and tender same to the lien
holder, Allfirst Bank, for repossession;
Respondent shall be solely liable for any Deficiency Judgment incurred in the
repossession process;
Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and
34/100 ($663.34) for each of the months in which no payments were made on the
vehicle. To date, this plus late fees, equals the ~,mm of Four Thousand One
Hundred Forty Dollars and 41/100 ($4,140.41)i,
Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars
($1,000.00) the actual costs for attorney fees and costs she incurred arising from
enforcement of the parties' Agreement. This includes, but is not limited to, the
attorney fees and costs incurred for the preparation and presentation of this
Petition; and
6. Any other relief this Court deems equitable.
BY THE COURT:
DATE: J. Wesley Oler, Jr., Judge
Barbara Sumple-Sullivan, Esquire
Supreme Court #32317
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Counsel for Petitioner
KATHLEEN M. HOGAN,
: IN THIz COURT OF COMMON PLEAS
Plaintiff (Petitioner)
v.
MATTHEW A. IDZLK,
Defendam (Respondent)
CLrMBERLAND COUNTY,
Docket No. 01-5544
CIVIL ACTION - LAW
IN DIVORCE
PENNSYLVANIA
CERTIFICATE OF SERVICE
I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date I
served a true and correct copy of the Petition to Make Rule Absolute in the above-captioned matter
upon the following individual(s) by United States first-class mail, postage prepaid, addressed as
follows:
DATE: JulyC~ 2004
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17007 /~
/ Barbara'Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
KATHLEEN M. HOGAN,
: IN THE COURT OF COMMON PLEA--~--~
Plaintiff (Petitioner)
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
MATTHEW A. IDZIK,
Defendant (Respondent)
: CIVIL ACTION - LAW
: IN DIVORCE
.ORDER
AND NOW, this ~.'?ffaday of_ L'~,~ [ ~ j 2004 upon consideration of Plaintiff's
Petition for Enforcement, it is hereby ORDERED and DECREED as follows:
Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank
within thirty (30) days of the Order;
If Respondent does not pay the loan in full within the thirty (30) days, he shall be
obligated to immediately produce the Jeep Cherokee and tender same to the lien
holder, Allfirst Bank, for repossession;
Respondent shall be solely liable for any Deficiency Judgment incurred in the
repossession process;
Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and
34/100 ($663.34) for each of the months in which no payments were made on the
vehicle. To date, this plus late fees, equals the sum of Four Thousand One
Hundred Forty Dollars and 41/100 ($4,140.41);
Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars
($1,000.00) the actual costs for attorney fees and costs she incurred arising from
enforcement of the parties' Agreement. This includes, but is not limited to, the
attorney fees and costs incurred for the preparation and presentation of this
Petition; and
6. Any other relief this Court deems equitable.
DATE:
7e~ey Oler, Jr.,q[~dge '~'
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
: NO. 01-5544
: IN DIVORCE
PETITION FOR CONTEMPT
l. Petitioner is Kathleen M. Hogan, an individual residing at 4904 Shasta Way,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
2. Respondent is Matthew A. ldzik, an individual residing at 303 S. Ridge Road,
Boiling Springs, Cumberland County, Pennsylvania 17050.
3. On September 5, 2002, Petitioner and Respondent entered into an Agreement
which, by its terms, resolved all issues surrounding the parties' divorce issues. This Agreement
was incorporated and merged into the Decree in Divorce entered on September 13, 2002.
4. Respondent had failed to comply with the terms of the parties' Agreement by not
making payments on the parties' Jeep Cherokee Allfirst loan, as referenced in paragraph 8, page 6
and paragraph 5, page 3 of the Agreement.
After numerous attempts to contact Respondent regarding the missed payments,
1
Petitioner filed a Petition for Enforcement of the Agreement on June 16, 2004.
6. On June 21, 2004, Judge Oler issued a Rule Returnable within twenty (20) days to
show cause why Petitioner should not be allowed to have the terms of the parties' Agreement
enforced. A copy of the Rule is attached hereto as Exhibit "A" and is incorporated herein by
reference.
7. On June 23, 2004 the Rule was served on Respondent via Certified Mail,
Certificate No. 7002 2410 0006 7111 3560, and Certificate of Mailing, Regular First Class Mail.
A copy of the documentation indicating receipt of said Rule by Respondent is attached hereto as
Exhibit "B' and incorporated herein by reference.
8. No answer or other response was formally filed in accordance with the Rule by
Respondent or any counsel for Respondent.
9. On July 26, 2004, Petitioner flied a Petition to Make Judge Oler's June 21, 2004
Rule Absolute.
10. An Order granting Petitioner's relief requested was entered on July 29, 2004 by
Judge Oler. A copy of said Order is attached hereto as Exhibit "C" and incorporated herein by
reference.
2
11. On August 2, 2004, the Order was sent to Respondent via Certified Mail, Certificate
No. 7002 2410 0006 7111 3607, and Certificate of Mailing, Regular First Class Mail. The Certified
Mail envelope was returned, unclaimed. Copies of the letter and certificates of mailing indicating
service of said Order by Petitioner by regular mail are attached hereto and incorporated herein by
reference as Exhibit "D."
12. Pursuant to said Order, Respondent was to pay the Jeep Cherokee Allfirst loan in
full within thirty (30) days of the Order, reimburse Petitioner for payments made to date and pay
counsel fees. If the payments on the Jeep did not occur, Respondent was to return the Jeep and
pay any deficiency judgment.
13. Respondent had not satisfied the Jeep Cherokee Allfirst loan in full by August 28,
2004, returned the Jeep or taken any other action to comply with the Order of July 29, 2004.
14. Petitioner requests that Respondent be held in contempt of the Order of Court
dated July 29, 2004.
15.
Petitioner requests a heating be scheduled:
a) To enforce the Order of July 29, 2004 against Respondent;
b) To enter judgment against Respondent for:
1) For monies due Petitioner as reimbursement for monthly payments
3
she made on the Jeep to date;
2) For her counsel fees incurred to date; and
3) For repossession of the Jeep and/or judgment for all sums necessary
to fully satisfy the outstanding balance due and owing on the Jeep.
To hold Respondent in contempt and to fine and/or otherwise incarcerate
Respondent for said contempt.
WHEREFORE, Petitioner requests that Respondent be held in contempt of court and
requests an Order be entered granting the relief requested as set forth in the proposed order.
DATE: Septembe¢
2004
Respectfully submitted,
~r)l~rr~dSgUe ~ tP~ee;~ ullivan, Esquire
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
4
EXHIBIT "A"
JUN 1
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
V.
MATTI-~W A. IDZIK,
Defendant (Respondent)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: IN DIVORCE
RULE
AND NOW, this a/,~- day of~./~,.,_.- ., 2004 on consideration of
Plaintiff' s Petition for Enforcement, a RULE is issued on Defendant to show cause, if any,
why the Court should not grant the rehef requested.
The Rule is returnable within ~o . days from the date of service hereof.
BY THE COURT:
EXHIBIT "B"
LAW OFFICES
BARBARA SUMPLE- SULLIVAN
June 23, 2004
CERTIF/ED MAIL-RETURN RECEIPT REQUESTED
CERTI?FICA~ NO. 7002 2410 0006 7111 3560 AND
VIA CERTIFICATE OF MAIL REGULAR FIRST CLASS MAIL
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17007
Dear Mr. Idzik:
Enclosed constituting serv/ce on you is the Court Order dated June 21, 2004 which
requires you to file a response pleading within twenty (20) days of the date of service of
this Rule. Please consult your attorney on t/tis matter.
Barbara Sumple-Su/livan
BSS/Id
Enclosure
cc: Ms. Kathleen M. Hogan
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~ 3~-TT~ TT "A"
U.S. POSTAL SERVICE CERTIFICATE OF MAILING
Barbara Sumple-Sulliv
549 Bridge Street
New Cumberland, PA 17070-19~
PS Form 3~11, Janua~ 2001
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
MATTHEW A. mZIK,
Defendant (Respondent)
JUN i 8 2004
: I2'4 THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
: CIVIL ACTION - LAW
: 1N DIVORCE
RULE
AND NOW, this .2/,,.~ day of~./b.~ ., 2004 on consideration of
Plaintiff's Petition for Enforcement, a RULE is issued on Defendant to show cause, if any,
why the Court should not grant the relief requested.
The Rule is returnable within ,~ days from the date of service hereof.
BY TI:IECOURT:
EXHIBIT "C"
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
MATTHEW A. IDZIK,
Defendant (Respondent)
JUL 27
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Docket No. 01-5544
CIVIL ACTION- LAW
IN DIVORCE
ORBER
Petition for Enforcement, it is hereby ORDERED and DECREED as follows:
Respondent shall pay the loan encumbering the Jeep Cherokee in full to Alltkst Bank
within thirt3; (30) days of the Order;
If Respondent does not pay the loan in full within the thirty (30) days, he shall be
obligated to immediately produce the Jeep Cherokee and tender same to the lien
holder, Allfirst Bank, for repossession;
Respondent shall be solely liable for any Deficiency Judgment incurred in the
repossession process;
Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and
34/100 ($663.34) for each of the months in which no payments were made on the
vehicle. To date, this plus late fees, equals the sum of Four Thousand One
Hundred Forty Dollars and 41/100 ($4,140.41);
Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars
($1,000.00) the actual costs for attorney fees and costs she incurred arising from
enforcement of the parties' Agreement. This includes, but is not limited to, the
attorney fees and costs incurred for the preparation and presentation of this
Petition; and
6. Any other relief this Court deems equitable,
DATE:
TRUE COPY FRO;M RECORD
BY ~T~ COURT:
EXHIBIT "D"
BARBARA SUMPLE- SULLIVAN
August 2, 2004
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
CERTIFICATE NO. 7002 2410 0006 7111 3607 AND
VIA CERTIFICATE OF MAIL REGULAR FIRST CLASS MAIL
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17007
Dear Mr. Idzik:
I am serving herewith upon you the Order entered by Judge O/er on July 29, 2004.
You must attend to the terms of the Order or you will be held/n contempt of court.
Please provide the undersigned with evidence of your compliance with this Order. I will
wait your timely reply and action.
Barbara Sumple-Sullivan
BSS/Id
Enclosure
cc: Ms. Kathleen M. Hogan
JUL 27
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: Docket No. 01-5544
MATTHEW A. IDZIK,
Defendant (Respondent)
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
AND NOW, this ~2~ day of _~ ~1 IA/ ,2004 upon c0nsid~ration ofPlaintiW s
Petition for Enforcement, it is hereby ORDERED and DECREED as follows:
Respondent shall pay the loan encumbering the Jeep Cherokee in full to Allfirst Bank
within thirty (30) days of the Order;
If Respondent does not pay the loan in full within the thirty (30) days, he shall be
obligated to immediately produce the Jeep Cherokee and tender same to the lien
holder, Allfirst Bank, for repossession;
Respondent shall be solely liable for any Deficiency Judgment incurred in the
repossession process;
Respondent shall reimburse Petitioner Six Hundred Sixty-Three Dollars and
34/100 ($663,34) for each of the months in which no payments were made on the
vehicle. To date, this plus late fees, equals the sum of Four Thousand One
Hundred Forty Dollars and 41/100 ($4,140.41);
Respondent shall pay to Petitioner's counsel the sum of One Thousand Dollars
($1,000.00) the actual costs for attorney fees and costs she incurred arising from
enforcement of the parties' Agreement. This includes, but is not limited to, the
attorney fees and costs incurred for the preparation and presentation of this
Petition; and
6. Any other relief this Court deems equitable.
DATE:
TRLrE COPY FROM R CORD
BY TI~ COURT:
J. W~tey Oler, Jr.,
U.S. POSTAL SERVICE CERTIFICATE OF MAILIN .~
549 Bridge Str*et
New Cumbed~d, PA 170~
PS Form 3817, January 2001
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
MATTHEW A. IDZIK,
Defendant (Respondent)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
NO. 01-5544
IN DIVORCE
VERIFICATION
I, Barbara Sumple-Sullivan, Esquire, am the attorney for Kathleen M. Hogan, hereby make
this verification and believe that I have sufficient knowledge or information and belief as Attorney for
Kathleen M. Hogan to make this verification and that the facts set forth in the foregoing Petition for
Contempt are true and correct to the best of my knowledge, information and belie£
,2004
Dated: ~/////~
549 Bridge Street
New Cumberland, PA 17070
(717) 774-1445
Supreme Court I.D. No. 32317
KATHLEEN M. HOGAN, : 1N THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS.
MATTHEW A. IDZIK,
Defendant
: CIVIL ACTION LAW
: NO. 01-5544
: IN DIVORCE
CERTIFICATE OF SERVICE
1, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I
served a true and correct copy of the Petition for Contempt, in the above-captioned matter upon
the following individual(s), by United States first-class mail, postage prepaid, addressed as
follows:
DATE: September
,2004
Mr. Matthew A. Idzik
303 S. Ridge Road
Boiling Springs, PA 17007
~n, Esquire
( 549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
KATHLEEN M. HOGAN,
Plaintiff
VS.
MATTHEW A. IDZIK,
Defendant
AND NOW, this k_~ day of
. IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
· NO. 01-5544
: IN DIVORCE
ORDER
2004, a hearing is scheduled for
theJ2~ay of_ ~ 2004, at~.*~O _~. M., on the attache, d Petition for Contempt fded by
Petitioner.
FOR THE COURT,
KATHLEEN M. HOGAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
MATTHEW A. IDZIK, : NO. 01-5544 CIVIL TERM
Defendant : IN DIVORCE
ORDER OF COURT
AND NOW, this 14th day of October, 2004, upon
consideration of Plaintiff's Petition for Contempt, and following a
hearing held on this date at which the Plaintiff appeared and was
represented by Barbara Sumple-Sullivan, Esquire, and at which
Defendant did not appear, the Court finds that the Defendant has
intentionally, voluntarily, and willfully failed to comply with the
terms of the marital settlement agreement and prior order(s} of
Court, and he is consequently adjudicated in contempt.
Judgment is hereby entered in favor of Plaintiff,
Kathleen M. Hogan, and against Defendant, Matthew A. Idzik, for
monies due Plaintiff as reimbursement for monthly payments she has
made on a certain Jeep in the amount to date of $4,141.41, and in
the additional amount of $1,300.00 for counsel fees. In addition,
judgmenE is entered in
the said jeep.
favor of the Plaintiff for repossession of
By the Court,
549 Bridge Street
New Cumberland, Pennsylvania
For the Plaintiff
~_~tthew A. Idzik
303 Ridge Road
Boiling Springs, PA 17050
For the Defendant
pcb
Jo
KATHLEEN M. HOGAN,
Plaimiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION LAW
:
: NO. 01-5544
: IN DIVORCE
PRAECIPE TO ENTER JUDGEMENT
ON AN ORDER
TO THE PROTHONOTARY:
Upon request of the Plaintiff, please enter the following Order dated October 14, 2004 by
in the above captioned matt~s a judgment Obi ~lq~- {)K-~'~2t7_,
the Honorable J. Wesley Oler, Jr., .
Date://' ~ "'~ fz/ ~~bma3'Sumple-Sullivan, esquire
/~ 549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Plaintiff
KATHLEEN M. HOGAN,
Plaintiff (Petitioner)
V.
MATTHEW A. IDZIK,
Defendant (Respondent)
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION LAW
:
: NO. 01-5544
: IN DIVORCE
NOTICE
IN ACCORDANCE WITH RULE 236 OF THE PENNSYLVANIA RULES OF
CIVIL PROCEEDURE, THIS IS TO NOTIFY YOU THAT THE FOLLOWING JUDGMENT
WAS ENTERED AGAINST YOU IN THIS OFFICE.
DATE:
Prothonotary
KATHLEEN M. HOGAN,
Plaintiff
MATTHEW A. IDZIK,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-5544 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 14th day of October, 2004, upon
consideration of Plaintiff's Petition for Contempt, and following a
hearing held on this date at which the Plaintiff appeared and was
represented by Barbara Sumple-Sullivan, Esquire, and at which
Defendant did not appear, the Court finds that the Defendant has
intentionally, voluntarily, and willfully failed to comply with the
terms of the marital settlement agreement and prior order(s) of
Court, and he is consequently adjudicated in contempt.
Judgment is hereby entered in favor of Plaintiff,
Kathleen M. Hogan, and against Defendant, Matthew A. Idzik, for
monies due Plaintiff as reimbursement for monthly payments she has
made on a certain Jeep in the amount to date of $4,141.41, and in
the additional amount of $1,300.00 for counsel fees. In addition,
judgment is entered in favor of the Plaintiff for repossession of
the said jeep.
By the Court,
JJ/Wesley
Barbara sumple-Sullivan, EsquYre
549 Bridge Street
New Cumberland, Pennsylvania
For the Plaintiff
Matthew A. Idzik
303 Ridge Road
Boiling Springs, PA 17050
For the Defendant
pcb