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HomeMy WebLinkAbout02-3589 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, PLAINTIFF, Civil Action---Divorce Docket No. Q 4 -.3SP'7 C.u~l '-r~ V. CHRISTINE M. PUCHALSKY, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, PLAINTIFF, Civil Action---Divorce Docket No. vs, CHRISTINE M. PUCHALSKY, DEFENDANT A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE, Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion rec1amados por el demandante, Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cameron County Court of Common Pleas, East 5th Street, Emporium, Pennsylvania 15834. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL, HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS,USTED DEBELLEV AR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. V AYA 0 LLAME A LOFFlCINAINDICADA ABAJO PARA A VERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 330l(a)(6)-------Indignities 23 Pa.C.S. & 330l(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa,C.S. & 330l(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, PLAINTIFF Civil Action---Divorce Case Number CY::J. - :J.5Rf C~ ...;, t' /~ VS. CHRISTINE M. PUCHALSKY, DEFENDANT COMPLAINT UNDER SECTION 3301(C) OR 3301(0) OF THE DIVORCE CODE PARTIES I. Plaintiff is Greg E. Puchalsky, an adult individual, sui juris and who currently resides at 5220 Oxford Drive, Mechanicsburg in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Christine M, Puchalsky, an adult individual, sui juris, who currently resides at 5220 Oxford Drive, Mechanicsburg in the County of Cumberland, Commonwealth of Pennsylvania, JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months immediately preceding the filing of this complaint. 4. The parties were married on the I st day of November, of 1980, in the County of Cumberland, Commonwealth of Pennsylvania, 5. Neither the Plaintiff nor the Defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers and Sailors' Civil Relief Act of The Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 7. For the purposes of section 3301 (d) of the Divorce Code, the parties will be separated on the date of the serving of this complaint. 8. The marriage is irretrievably broken. 9, Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11, The parties have one biological child born within the marriage. 12, The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13, The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 330I(c) of the Divorce Code. COUNT II PETITION FOR EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 23.. The averments of paragraph 1 through 13 of Count I, are incorporated herein by direct reference thereto as if set forth verbatim. 24. The parties are the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code, 25, Such marital property includes real and personal property as well as other intangible property thought to exist, including but not limited to pensions, bank accounts, etc. 26. Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action, , , GREGORY S. HAZLETT ATTORNEY AT LAW G A ey for Plaintiff o South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-0490 VERIFICATION I veritY that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. Date: tn. S'-D~ .. . . . N \i:.. - -'0 ...,J ..,J ...) ~ "6Q ~ ~ ~~ f 9 ~ v, -!Z ~ c . O Dovt ~ j j 0 ;V:b:cJ ~ f &r ~J~l =e ...... ... -- " Ii"- ~ 0- .fl- o r o 0 p rv '\ -:0:: .~ .'~'-I ""0 (J~ .:=:: i: ~:::-! (i"lP.,~ I I::) ~t; ~ ,;~) ~:;"._:.~ .,~\:~:'-1 ""-:'1..,) --, () _;:") ~: :X~? i=n JZQ ~~ :;;:~ td ~ ~ '(}, =< ...0 ..... -- f' ...... "'oJ ...... ~ . . IV \1:.. - ~ ..J ..J ...) -4 "6Q. r ~ (;; ~ -!Z ~ c .~ o I ~ 0 ~ -V.b-IJ r~ r &: r ~J~~ j ,?--I.... ~ f:- - ...J ..... 1J () 12- ~ ...0 ..... ...... \' o (i~ C? r<) J ~~" ~ ,:;2 I:J L~,: \ .,,! Q.)L_1-; N _ 1,(1 ~;;; - 0' ,.,) C) ~ >:-~ .~\ -5'1 r::~_} --:-: (:~) ~;C) -- .):\1 .~~ ~? fg z ,:,..) ~ :<'. (Jl ....... '" r- ~ GREGORYS.HAZLETT ATTORNEY AT LAW o .H A ey for Plaintiff o South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-0490 VERIFICATION I verifY that upon personal knowledge or information and belief that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the p,enalties of 18 Pa C.S. & 4904, relating to unsworn falsification to authorities. Date: tn. ~ -o~ I GREG E. PUCHALSKY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, v. NO. 02-3589 CHRISTINE M. PUCHALSKY, Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO THE WITHIN NAMED PARTIES: You are hereby notified to plead to the within Counterclaim within twenty (20) days of service hereof or judgment may be entered against you. Respectfully submitted, IRA H. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PAl 71 02 Telephone: (717) 238-1657 Dated: 1\\c ,,\~~ By: GREG E. PUCHALSKY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, v. NO. 02-3589 CHRISTINE M. PUCHALSKY, Defendant. CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER, COUNTERCLAIM AND NEW MATTER TO PLAINTIFF'S COMPLAINT IN DIVORCE Defendant, Christine M. Puchalsky, by and through her attorneys, IRA H. WEINSTOCK, P.e., respectfully submits this Answer to Plaintiff's Complaint in Divorce and Counterclaim, as follows: 1. Admitted to the extent that Plaintiff is an adult individual. Defendant denies that Plaintiff currently resides at 5220 Oxford Drive, Mechanicsburg, P A. 2. Admitted. JURISDICTION AND VENUE 3. Admitted. By way of further pleading, Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of Plaintiff's Complaint. 4. Admitted. 5, Admitted. 6, Admitted. COUNT 11 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 7. Denied. It is specifically denied that the parties separated on the date the Divorce Complaint was served, and have been living separate and apart since said date, Rather, the parties separated on September 16, 2002, and have been living separate and apart since September 16, 2002. 8. Admitted. 9. Admitted. 10, There is no paragraph 10. 11. Denied. The parties have two (2) children that were born of the marriage. 12. Admitted. By way of further pleading, on November 25, 2002, this Court entered an order for spousal and child support in favor of Defendant and the parties' minor child, COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE. 13. No answer required. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(d) OF THE DIVORCE CODE 14. There is no paragraph 14 in Plaintiffs Complaint. 15, There is no paragraph 15 in Plaintiffs Complaint. 1 Defendant has misnumbered his Counts in that there are two (2) of Count I. 16. There is no paragraph 16 in Plaintiffs Complaint. 17. There is no paragraph 17 in Plaintiffs Complaint. 18. There is no paragraph 18 in Plaintiffs Complaint. 19. There is no paragraph 19 in Plaintiffs Complaint. 20. There is no paragraph 20 in Plaintiffs Complaint. 21. There is no paragraph 21 in Plaintiff s Complaint. 22. There is no paragraph 22 in Plaintiffs Complaint. 23. No answer required. 24. Admitted, 25. Admitted, 26. Admitted. WHEREFORE, Defendant respectfully requests that the court enter an Order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code, COUNTERCLAIM REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 27. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 28. Defendant is unable to sustain herself during the pendency of the divorce action, 29, Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment in accordance with the standard of living established during the marriage. WHEREFORE, Defendant respectfully requests that the Court enter an award of alimony pendente lite until the termination of litigation and, at the appropriate time, enter an order of alimony in her favor pursuant to Section 3701(a) and 3702 ofthe Divorce Code. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(I), 3323(b) AND 3702 OF THE DIVORCE CODE 30. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 31. Defendant has engaged Maggi E. Colwell, Esquire, and IRA H. WEINSTOCK, p, C. to represent her in this action. 32. Defendant is unable to pay her counsel fees, costs, and expenses, and Plaintiff is more than able to pay them. 33. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court orders Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104(a)(I), 3323 (b) and 3702 of the Divorce Code, the Court enter an Order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING HEALTH OF PLAINTIFF AND MINOR CHILD UNDER SECTION 3S02(d) OF THE DIVORCE CODE. 34. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. 35. During the course of the mamage, Plaintiff has maintained certain health insurance policies for the benefit of Defendant and the parties' minor child. 36, Pursuant to Section 3502(d), Defendant requests that Plaintiff be directed to continue maintenance of said policies for the benefit of Defendant and the parties' minor child, WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502( d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain health insurance policies for the benefit of Defendant and the parties' minor child. Respectfully submitted, IRA H. WEINSTOCK, P.c. 800 North Second Street Harrisburg, PAl 71 02 Telephone: (717) 238-165 Dated: t.\ \L~ \~ B~ VERIFICATION I, Christine M. Puchalsky, verify that the statements in the foregoing ANSWER AND COUNTERCLAIM are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S, 94904 relating to unsworn falsifications to authorities. Dated: If I ~ '3 ( 03 ~ AA..~ CHRISTINE M. PUCHALSKY CERTIFICATE OF SERVICE AND NOW, this 24th day of April, 2003, I, Maggi E. Colwell, Esquire, attorney for the Plaintiff, hereby certify that I served the within Defendant's Answer, Counterc1aima nd New Matter to Plaintiff's Complaint in Divorce this day by depositing the same in the United States mail, postage prepaid, in the post office at Harrisburg, Pennsylvania, addressed to: By First Class Mail: Gregory S. Hazlett, Esquire 20 South Market Street Mechanicsburg, P A 17055 BY~ . (') ~ 7'1l - ~ ] VJ W ~ ~ <5 ~ 0 c ~~ .... ~-l- (. r '"" ~~. ., (jJ -~''''' ~ \- -. r.:._ :r~, A_"": :--.c) > .. . r.- ~ ::< (1"0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff No. 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant Civil Action - Divorce PLAINTIFF'S ANSWER TO DEFENDANT'S COUNTERCLAIM NOW COMES, Plaintiff by and through his attorney Gregory S. Hazlett, Esquire Answers as hereinafter follows the Defendant's Counterclaim. 1. No response required as to paragraphs 1-26 of defendant's Answer, 27. No response to the extent this paragraph incorporates paragraphs by reference that precede it. 28, DENIED: Plaintiff denies that defendant lacks the financial resources and wherewithal to support herself to the extent that defendant is gainfully employed and it is alleged receives sufficient levels of income to sustain her lifestyle in the absence of a contribution of plaintiff husband. Furthermore, defendant is currently receiving spousal support in conjunction with her regular income which increases her level of income above what was otherwise sufficient to support her needs in the absence of the spousal support. 29. DENIED: Defendant is gainfully employed and is currently residing within the marital home within which her standard of living was conceived and has therefore not sacrificed the standard of living acquired while the parties were living within the same household. Additionally, defendant is currently receiving spousal support in conjunction with her regular income which increases her level of income above what was otherwise sufficient to support her needs in the absence of the spousal support. WHEREFORE, plaintiff respectfully requests that the Court deny defendant's request for an award of Alimony Pendente Lite. 30. No response required as to paragraphs 1-26 of defendant's Answer. 31. ADMITTED: Plaintiff's counsel has spoken to Maggi E, Colwell, Esquire, and was informed that she represents the defendant relative to this matter. 32. DENIED: Plaintiff avers that defendant has sufficient income to pay counsel fees relative to her retention of Maggi E, Colwell, Esquire derived from her employment income as well as the Spousal Support A ward defendant is currently receiving through Cumberland County Domestic Relations which increases her level of income above what was otherwise sufficient to in the absence of the spousal support and consequently has ample income to pay any and all any real or perceived legal expenses 33. DENIED: Based on the aforementioned responses, plaintiff requests that the Court deny defendant's request for Counsel fees before, a hearing is conducted and if the Court deems necessary to conduct a hearing regarding this matter then subsequent to the conclusion of the hearing. WHEREFORE, Plaintiff respectfully request that the Court deny defendant's request for plaintiff to pay counsel fees, costs and expenses. 34, No response required as to paragraphs 1-26 of defendant's Answer, 35. ADMITTED: Plaintiff admits that he has maintained the defendant as well as the parties' minor child on his health insurance. 36, DENIED: Plaintiff, requests that it not he not be mandated by the Court to continue to provide health insurance for both his Wife and Child. WHEREFORE, Plaintiff respectfully requests that the Court deny defendant's request that he provide medical insurance for both his wife and child, Dated: S/lrlV3 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in the Plaintiff's Answer to Defendant's Counterclaim and New Matter 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. z I<t),J)lC1 Gre Puchalsky, Plaintiff ,../ Date:)>"" S...CJ .3 () f (".1".- [1' ''',' ,( ~;... , t5' r::-; ~ ~:. -;. (.. '~i ~'.) :::::> fV (~ '-.J [) 'I ~-<~ .;,a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant CIVIL ACTION - DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the undersigned's appearance on behalf of Plaintiff, Greg E. Puchalsky, with regard to the above-captioned matter. Respectfully submitted, NEALON, GOV R & PERRY By: ~~ Date: 3( fits James G. Nealon, III, Esquire 1.0.#:46457 2411 North Front Street Harrisburg, PA 17110 717/232-9900 CERTIFICATE OF SERVICE AND NOW, this 'd- day of March, 2005, I hereby certify that I have served the foregoing PRAECIPE FOR ENTRY OF APPEARANCE on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maggi E. Colwell. Esquire Ira H. Weinstock, P.C, 800 North Second Street 1 Harrisburg, PA 17102 I } q. James G. Nealon, III, Esquire (-, ::r. --I ",," ....... >] " ~ -, (.) (11 , , ,. GREG E. PUCHALSKY, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3589 CHRISTINE M. PUCHALSKY, DEFENDANT : DIVORCE ACTION NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE AND AFFIDAVIT OF NON-MILITARY SERVICE 1, The parties to this action separated in September 2002 and have continued to live separate and apart for a period of at least two years, 2. The marriage is irretrievably broken. 3. 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. 4. The Defendant is not presently in the active military service of the United States of America and is not a member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, nor is the Defendant an officer in the Public Health Service detailed by proper authority with any such service. nor is the Defendant engaged in any active military service or duty with any unit covered by the Soldiers and Sailors Civil Relief Act of 1940. nor has the Defendant enlisted in any military service covered by the act. 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. 9 4904 relating to unsworn falsification to authorities. Date: _~, .~. 05 CERTIFICATE OF SERVICE AND NOW, this SfA-aay of March, 2005, I hereby certify that I have served the foregoing AFFIDAVIT on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maggi E. Colwell. Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 -3 James G. Nealon, III, Esquire ..' __,J' " :> ,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v, CHRISTINE M. PUCHALSKY, Defendant CIVIL ACTION - DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE ECREE TO: Christine M. Puchalsky You have been sued in an action for divorce. You have failed to answer th complaint or file a counter-affidavit to the S 3301 (d) affidavit. Therefore, on or after Apr 115,2005. the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with you signature notarized or verified or a counter-affidavit by the above date, the court can e ter a final decree in divorce. A counter-affidavit which you may file with the prothono ary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief. you must do so by the above date or the court may grant the divorce and yo will lose forever the right to ask for economic relief, The filing of the form counter-affi avit alone does not protect your economic claims, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YO DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORT BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFIC MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES T AT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-910 01- James G. Nealon, III, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v, CHRISTINE M. PUCHALSKY, Defendant CIVIL ACTION - DIVORCE COUNTER-AFFIDAVIT UNDER !i 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ( ) (a) I do not oppose the entry of a divorce decree. ( ) (b) I oppose the entry of a divorce decree because Check (i). (ii) or both: ( ) (i) The parties to this action have not live separate and apart for a period of at least two years ) (ii) The marriage is not irretrievably broken, 2. Check either (a) or (b): ( ) (a) I do not wish to make any claims for econom c relief. I understand that I may lose rights concerning alimony, ivision of property, lawyer's fees or expenses if I do not claim the before a divorce is granted. ( ) (b) I wish to claim economic relief which may includ alimony. division of property, lawyer's fees or expenses or other mportant rights I understand that in addition to checking (b) above, I must also ile all of my economic claims with the Prothonotary and serve them on the other party. f I fail to do so before the date set forth on the Notice of Intention to Request Divorce De ree, the divorce decree may be entered without further notice to me and I shall unable to thereafter to file any economic claims. I verify that the statements made in this counter-affidavit a e true and correct. I understand that false statements herein are made subject to the enalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsifications to authorities. CHRISTINE M. PUCHALSKY NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RE EF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. . CERTIFICATE OF SERVICE AND NOW, this [;2~day of March, 2005, I hereby certif that I have served the foregoing Notice on the following by depositing a true and cor ect copy of same in the United States mails, postage prepaid, addressed to: Maggi E. Colwell, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 q James G. Nealon, III, Esquire , , ~) ,';J ~-:-.; -" ., ~Tl ,,-' 0...;-, ",t. -':1 i;: II'; C'" c..' f'.' JI4.-" ~... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant CIVIL ACTION - DIVORCE COUNTER.AFFIDAVIT UNDER S 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (vJ(a) I do not oppose the entry of a divorce decree. ( ) (b) I oppose the entry of a divorce decree because (Check (i), (Ii) or both: ( ) (i) The parties to this action have not lived separate and apart for a period of at least two years ( ) (Ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ( ) (a) I do not wish to make any claims for economic relief. 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. ( v?(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the --- divorce decree may be entered without further notice to me and I shall be unable to thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to unsworn falsifications to authorities. ~ \'v\. CHRISTINE M. PUCHALSKY NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. o C :~ .."i::P d}t1,:\ ~:-"'"" -/....- tn~.:;< ~{; ,%0 ...0 :pc. 3. ~ ~ ~ -z;. \ <:1' ~ -;:s. <i! <=' C' q. ~~ ~~ ~~. QZS t:t'l "" ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYL.VANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant CIVIL ACTION - DIVORCE INVENTORY AND APPRAISEMENT OF GREG E. PUCHALSKY Plaintiff files the following inventory and appraisement of all property owned or possessed by either party at the time this action was Gommenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory and appraisement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. 91.... t- -f=:AA Q<l~ ~UCHALSKY ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. (X) 2. (X) 3. () 4. () 5. () 6. () 7. () 8. () 9. () 10. () 11. () 12. () 13. () 14. () 15. () 16. (X) 17. () 18. () 19. () 20. () 21. () 22. () 23. (X) 24. (X) 25. () 26. Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings cl~rtificates Contents of safe deposit boxes Trusts Life insurance policies (indicated face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits - severance pay, workman's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach I itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. ITEM DESCRIPTION OF PROPERTY NAMES OF ALL NUMBER OWNERS 1 Marital Home Joint 2 1988 Chevrolet Blazer GreQ 2 1992 Chevrolet Corsica Chris 3 Stock Ootions throuch emolover Grec 17 Retirement Plan Grec 25 Household furnishinas Joint NON-MARITAL PROPERn[ Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property ITEM DESCRIPTION OF PROPERTY REASON FOR NUMBER EXCLUSION N/A LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following page: SECURED (X) 1. Mortgages ( ) 2. Judgment ( ) 3. Liens ( ) 4. Other secured liabilities UNSECURED ( ) 5. Credit card balances ( ) 6. Purchases (X) 7. Loan payments ( ) 8. Notes payable ( ) 9. Other unsecured liabilities CONTINGENT OR DEFERRED ( ) 10. Contracts or Agreements ( ) 11. Promissory Notes ( ) 12. Lawsuits ( ) 13. Options (X) 14.Taxes ( ) 15.0ther contingent or deferred liabilities LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any persons as of the date this action was commenced. ITEM DESCRIPTION DEBTOR CREDITOR NUMBER 1 Home Mortcace Sun Trust 2 401k Loans Chouse) Fidelitv 3 Dover Township Taxes Dover Two. PROPERTY TRANSFERREI!2 Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: None. CERTIFICATE OF SERVICE AND NOW, this ~~ay of July, 2005, I hereby certify that I have served the foregoing Inventory and Appraisement on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maggi E. Colwell, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 qj James G. Nealon, III, Esquire C" ~~, ',=,~_i, ';~:1 \ f"'," .....i --:0 ~ .-< ~Y. '<'1 f.1~ '.j <~) :"'r, ',~(~ ~'^' ['n ':l, ?::) ::<. c.) C"J .;;. n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff : NO.: 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant : CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT - R.C.P. 1910.26(9, STATEMENT OF GREG E. PUCHALSKY, PLAINTIFF I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: /-/5 .05 ~/- ~ fJV=- ~=G E. PUCHALSK Employer: Relizon Address: 220 E. Monument Avenue Dayton, OH 45402 Type of Work: Pressman Payroll Number: IIII Pay Period (Weekly, Biweekly, etc.): Gross Pay Per Pay Period: Itemized Payroll Deductions: Federal Withholding: Social Security State Income Tax Local Wage Tax Medicare Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify): INCOME: Biweekly $1,518.40 Total Deductions NETPAYPERPAYPE~OD $ 173.84 $ 88.41 $ 43.57 14.19 plus .4% to Dover Twp. $ 20.68 $ 6.78 $ 99.21 Home Loan 118.32; PA SUI 1.37 STD/LTD 3.00; Support 334.25 $ 903.62 $ 614.78 Other Income: Week Month Year (Fill in Appropriate Column) Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compo Workmen's Compo Spousal Support Child Support TOTAL EXPENSES Week HOME MortgagelRent Maintenance Repairs UTILITIES Electric Gas Oil Telephone Water Sewer Trash EMPLOYMENT Public Transportation Lunch TAXES School Real Estate Personal Property Income Month Year 6,90000 660.00 1,331.00 720.00 344.00 124.00 1,040.00 EXPENSES Week Month Year (Fill in Appropriate Column) INSURANCE Homeowners Automobile Life Accident Health Renters AUTOMOBILE Payments Fuel Repairs Maintenance Licenses Registration Auto Club MEDICAL Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices EDUCATION Private Parochial School College Religious School lunches Books/misc. PERSONAL Clothing Food Barber/Hairdresser Personal Care LaundryIDry Cleaning Hobbies Credit Cards Memberships 323.00 49.00 1,300.00 400.00 300.00 12.00 36.00 300.00 400.00 2,000.00 80.00 100.00 4,800.00 44.00 EXPENSES Week Month Year (Fill in Appropriate Column) LOANS Credit Union MISCELLANEOUS Household Help Child Care Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Pet Expense Lessons for Children Cell Phone Other Support Alimony Payments OTHER TOTAL EXPENSES 900.00 2400 plus 24563 CERTIFICATE OF SERVICE AND NOW, this & ~ay of July, 2005, I hereby certify that I have served the foregoing Income and Expense Statement on the following by depositing a true and correct copy of same in the United States mail, postage prepaid, addressed to: Maggi E. Colwell, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 Q- James G. Nealon, III, Esquire (;. -.... .... r:~_~ ':::':; ~'"'I ::,) -n :~-n n,p '7>"': C'~) 'i-:) ~~.j ('5 :",;n '--I ~:~ -~ c, , !'., -J -0 r.:~) C) . , GREG E. PUCHALSKY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, v. NO. 02-3589 CHRISTINE M. PUCHALSKY, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301 (c) of the Divorce Code was filed on July 26, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final divorce decree 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. 4 r ~l-OCo Date ~~-~~ CHRISTINE M. PUCHALSKY , ~~?\-:~ o t;:~ ,--" ,~.-- c;:) (Y" ~'" ;:::""' -"~ \ 1'..) o -" .-\ ::f-.1'"1 0"1C ~\ \::::~ , ',i. -;::. ':(~.. ,.,.:?\rn -~"7J :"" r;? (;J -l . GREG E. PUCHALSKY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. Plaintiff, v. NO. 02-3589 CHRISTINE M. PUCHALSKY, Defendant. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 330I(d) OF THE DIVORCE DECREE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. L.{ -a 1- (J(o Date CJ,u~~~~ CHRISTINE M. PUCHALSKY r;?, . ~"') c'~. o '-';" 9.-<' rf\-? '..-' -~\\2~) i,::', (~~" ,.,,\', \ I'-' ....~; <,;.;).!\ .-'" -::.~::.< ~; ';2:, <:;? v' --' v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3589 DIVORCE ACTION GREG E. PUCHALSKY, PLAINTIFF CHRISTINE M. PUCHALSKY, DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under 9 3301 (c) of the Divorce Code was filed on July 26, 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. 9 4904 relating to unsworn falsification to authorities. l.f . L- 'L. 0/1,. Date ~g{~~ -< r-;> r.:-? C~.;J (.-,...... C) -T-! ...... :r: ;-i, --;: ~ !') (J-'; r".) GREG E. PUCHALSKY, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3589 CHRISTINE M. PUCHALSKY, DEFENDANT : DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 (c) AND ~ 3301 (d) OF THE DIVORCE DECREE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Lj.2-L.'Db Date G~~./:;C~ ~,~.. r'.:.-::> .---, ',..:::'~ ,...~ c,-. 'Tl -I ~r: -<,. .TI i~ (- .. I ~ 1 r,) '. c.) r".) GREG E. PUCHALSKY, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3589 DIVORCE ACTION CHRISTINE M. PUCHALSKY, DEFENDANT MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day ofA~, 200tJ by and between CHRISTINE M. PUCHALSKY (hereinafter called "Wife") and GREG E. PUCHALSKY (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on November 1, 1980, in Cumberland County, Pennsylvania; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, spousal support, maintenance, alimony payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 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 unmarried except as may be necessary to carry out the provisions of this Agreement. 1 3. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Wife's Property 1. All right, title and interest in the 1992 Chevrolet Corsica subject to all liens, loans and encumbrances. Wife shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle; and 2. The sum of Sixteen Thousand dollars ($16,000.00) to be transferred to Wife from Husband's Relizon Company 401 (k) Savings Plan. The transfer is to be made pursuant to a Qualified Domestic Relations Order. 3. Family Dog, 6 year old dog Beagle by the name of Duchess. B. Husband's Property The following property shall become the sole and exclusive property of Husband: 2 1. All right, title and interest to the 1988 Chevrolet Blazer, subject to all liens, loans and encumbrances. Husband shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle; and 2. All right, title and interest to any existing stock options, or options exercised since the date of separation, from Husband's employment with The Relizon Company; and 3. The balance of Husband's Relizon Company 401 (k) Savings Plan after the transfer to Wife of Sixteen Thousand Dollars ($16,000.00) pursuant to Paragraph 5.A.2 above. C. Marital Home 1. Husband and Wife hereby agree that the property situated at 5220 Oxford Drive, Mechanicsburg, Pennsylvania, shall become the sole property of the Wife. 2. The marital home is currently deeded in the name of Husband and Wife. Wife shall be solely responsible for all maintenance, taxes mortgage payments or other expenses or costs associated with the marital home. 3. Husband and Wife shall execute a deed conveying the property to Wife. 4. The property is currently encumbered by a mortgage. Within ninety (90) days from the execution of this Agreement, Wife shall refinance the mortgage so as to remove Husband from the obligation. 5. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any claims made against him as a result of any maintenance, taxes mortgage payments or other expenses or costs associated with the marital home. D. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein 3 shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 6. INCOME TAX. The parties have previously agreed to file joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment or 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 cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint retu rn. " 7. ALIMONY. APL AND SPOUSAL SUPPORT. Wife is currently receiving spousal support at the rate of $260.81 per month pursuant to an Order issued by the Court of Common Pleas of Cumberland County, Pennsylvania, Domestic Relations' Section, docket no. 00923 S 2002. Upon the entry of the final decree in divorce, the spousal support order shall terminate. Wife waives all other claims for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with the pending divorce action between the parties. 8. MEDICAL COVERAGE. The parties are the parents of one daughter, Stephanie Puchalsky. Husband agrees to continue to provide medical insurance as long as she qualifies for said coverage under husband's existing health insurance coverage. Stephanie Puchalsky will be responsible for any out-of-pocket expenses not covered under the insurance coverage. 9. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 10. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, 4 holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 11. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301 (c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint instituted by Husabnd docketed to NO.: 02-3589, Court of Common Pleas of Cumberland County, Pennsylvania. 12. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 13. 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 an.d all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 14. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other. Both parties acknowledge that they have had the advice and benefit of counsel in negotiating and executing this Agreement. 15. WAIVER OF CLAIMS AGAINST ESTATE. 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 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 martial relationship, including, without limitation, dower, curtesy, 5 statutory allowance, widow's allowance, right to take property against the Will of the other, and the 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 interest, rights and claims. 16. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other Order, which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree of Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provisions hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provision hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. 18. MODIFICATIONS 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 or any subsequent default of the same or similar nature. 19. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 20. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by 6 the herein Agreement is IRREVOCABLE and that such division- distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Witness b..~. "'-. ~~ CHRISTINE M. PUCHALSKY -~ { p~~ GREG .PUCHALSKY 7 n c ~:"'~ r;~--3~ , -~::, "-:<' ~ --"". 1 :;.- -Q -;;; r-:? (,,,J C,) ~::;. 'v~ '1:\-::' ,:'::J .<- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA GREG E. PUCHALSKY, Plaintiff NO.: 02-3589 v. CHRISTINE M. PUCHALSKY, Defendant . . : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I hereby accept service on behalf of the Defendant, Christine M. Puchalsky, of the Complaint filed in the above captioned matter. 1 certify that I am authorized to do ~ II, ES~Ul~ ~f[\f(Z-- so. 1:.' ,--, ~:~ C~._.~ ,;;-; ',,; -r; L_ , -. :-l; I 0', <...-:.~ Greg E. Puchalsky, Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Christine M. Puchalsky, Defendant NO. 02-3589 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) x~X<Rx1M of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service Auqust 2, 2002. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff April 22. 2006bydefendantApri127, 2006 b. (I) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: Ma y 4, 2006 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: May 4, 2006 iJrtdl- Attorney for PlaintifffDefen' l::--.d. (,~< t'--" /~, L..>-,. ,..:.;. c' ~<" ~;- S.:.~ , 0" -- .. ,.- ." ,- Of. Of. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. ;+; ;+; GREG E. PUCHAESKY, PLAINTIFF 02-3589 No. Of. ;+; VERSUS ;+; CHRISTINE M. PUCHALSKY, Of. Of. DEFENDANT Of. ;+; DECREE IN DIVORCE l' \.) N t. \~ l.00~ , , AND NOW, IT IS ORDERED AND ;+; ;+; ;+; ;+; ;+; GREG E. PUCHALSKY DECREED THAT , PLAI NTI FF, ;+; ;+; CHRISTINE M,. PUCHALSKY AND , 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; Of. BY THE COURT: ~-\. t\..-\~ " \, ATTEST'~~ ROTHONOTARY ;+; [f; ;+; Of. Of.;+; ;+;Of. ;+; Of. Of. Of. ;+; Of. Of. Of. Of. Of. Of. Of. ;+; ;+; ;+; Of. Of. ;+; Of. Of. Of. ;+; Of. ;+; ;+; ;+; J. r~~~~~Y~~ h:t' ~ o/~ '(;1. 'I-t? $rYr~~~-~ W.6/-'J ~ . :,. ,. 4,-. .... '.. ~') . ~ .. .. t"- ... GREG E. PUCHALSKY, PLAINTIFF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . : NO.: 02-3589 CHRISTINE M. PUCHALSKY, DEFENDANT . : DIVORCE ACTION STIPULATION FOR THE ENTRY OF A QUALIFIED DOMESTICE RELATIONS ORDER The Parties hereby stipulate that the attached Qualified Domestic Relations Order may be entered as an Order of the Court. ~f~~~ Greg E. uchalsky Date 4" ~'L. oIP ~. Christine M. Puchalsky Date ~.. to... OlD - .... ~,:;~ ,. ".,) c..:; [}'l ,)..- ... j JUN l! 6 ZO~ GREG E. PUCHALSKY, PLAINTIFF v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 02-3589 DIVORCE ACTION CHRISTINE M. PUCHALSKY, DEFENDANT STIPULATION FOR THE ENTRY OF A QUALIFIED DOMESTICE RELATIONS ORDER The Parties hereby stipulate that the attached Qualified Domestic Relations Order may be entered as an Order of the Court. ~fha~~ Date 4" '2..:". DIP ~. Christine M. Puchalsky Date ~.. to... olD ~~~ () ~- ~ ~~ ..- Q .. =2 ;--;i :'>-...) 'C~) en ......~~ ",. :- ..... 738527650 Christine Puchalsky CASE NO. 02-3589 QUALIFIED DOMESTIC RELATIONS ORDER Cumberland County PA vs. Greg E. Puchalsky WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, Petitioner and Respondent have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Greg E. Puchafsky, whose current address is 3760 Carlisle Road, Dover, PA 17315, and who was born on 3/6/1960, and whose Social Security Number is 183-54-1111. (b) "Alternate Payee" shall mean Christine Puchalsky, whose current address is 5220 Oxford Drive, Mechan- icsburg, PA 17055, and who was born on 5/1/1959, and whose Social Security Number is 160-54-2943. (c) "Plan" shall mean The Relizon Company 401(k) Savings Plan. 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's spouse. 4. The Participant and Alternate Payee were married on 11/01/1980. 5. The Participant and Alternate Payee were legally separated or legally divorced on 09/16/2002. 6. The Alternate Payee's award will be calculated as of the date of this Order. The date of the Order shall hereinafter be referred to as the "Valuation Date". 7. The Alternate Payee's interest in the Plan shall be $16,000.00 of the Participant's total vested account balance under the Plan as of the Valuation Date. 8. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Val- uation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 9. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be in- ,J.; . ~ cluded for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 10. The Alternate Payee's award will be paid proportionately from all standard plan investment options in which the Participant's account is invested (not including the SrokerageLink account). In the event that the Participant has a SrokerageLink account and there are insufficient funds in the standard plan investment options in the Participant's account to satisfy the Alternate Payee's award, the Participant is hereby OR- DERED to immediately transfer sufficient funds from the SrokerageLink account to the standard plan in- vestment options to satisfy the Alternate Payee's award. 11. The Alternate Payee shall have the right to select from the available benefit forms provided under the terms of the Plan at the time the Alternate Payee becomes eligible and elects a distribution. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative proce- dures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 12. The Alternate Payee has the right to designate a beneficiary. All beneficiary designations will be made af- ter qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 13. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Ad- ministrator's agent, Fidelity Employer Services Company LLC, forthwith. This Order shall remain in effect until further order of this Court. 14. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to .provide to the Alternate Payee any type or form of benefit or option not otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 15. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alter- nate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 16. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Domestic Re- lations Order. Attorney for Alternate Payee: Attorney for Participant: Maggie E. Colwell, Ira H. Weinstock, PC 800 North Second Street Harrisburg, PA 17102 717-238-1657 James G. Nealon, III Nealon Gover & Perry 2411 North Front Street Harrisburg, PA 17110 717-232-9900 TRACK NO 73852 0 Dated : '-11 J I 0(, Judge of the Court: ,~~ to (\,D ,~ 0\9 ....:;: ~'" 0 :2 \\-:1 f 7 .. 1- ".J SLal ,"1 i' l\tJ\)_r~.!. ::ie'