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: IN THE COURT OF COMMON PLEAS :
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OF CUMBERLAND
STATE OF '*
COUNTY
PENNA.
CHRIS E. LOPIENSU,
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Plaintiff
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1A'nILEEH I. LOPIENSU,
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Defendant
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DECREE IN
AND NOW, ~Je!' ~~ ~ ,;. ~~-:;, ;, o,d.,.d ond
decreed that,.""" ,~~~ ,~', ,~~~~~~""""""""""',. plaintiff,
and,.,.",., .'.'"., ,~~,~:.~~~~~~""""" ,." ...,. defendant,
are divorced from the bonds of matrimony.
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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; ~O\0C
It is further ORDERED I ADJUDGED and DECREED, that the terms, provisions and
cohaltlohs'oI'a'certalh'~mrltal' Settlement'Agreement'between'the partles dated
,J)JJl~, J;l", J99:;", l'l/lll l'll:,tl'l!:n/!p, n/!r/!l:p", ar/!, iJ1l:prppra.tedh~his. Decree. in D.i.vorce
by reference as fully os if the same were set forth ~etein"ot length. Said
Agreement shall not merge with but shall su.rV.i.ve ~s D~~ree in Divorce.
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MARITAL SETTLEMENT AGREEMENT
BlC AND BETWEEN
CHRIS E. LOPIENSKI
AND
KATHLEEN K. LOPIENSKI
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TABLE OF CONTENTS
HEADING
1.
ADVICE OF COUNSEL
DISCLOSURE OF ASSETS
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3.
PERSONAL RIGHTS
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MUTUAL CONSENT DIVORCE
EQUITABLE DISTRIBUTION
(a) Marital Residence
(b) Lump Sum'to Wife
(c) Contents of Marital Residence
and Personal Property
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(d) Motor Vehicles
(e) Pension/Retirement Funds
(f) Cash Accounts and Other Funds
(g) Life Insurance
(h) Miscellaneous Property
(i) Property to Wife
(j) Property to Husband
(k) Assumption of Liabilities
(l) Liability Not Listed
(m) Indemnification of Wife
(n) Indemnification of Husband
(0) Warranty as to Future Obligations
WAIVER OF ALIMONY
HEALTH INSURANCE FOR WIFE
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TABLE OF CONTENTS (Continuedl
HEADING
8 . CUSTODY
(a) Shared Legal and Physical Custody
(b) Emergencies
(c) Access to Records
(d) Living Arrangements
9. CHILD SUPPORT
(a) Periodic Payments
(b) Medical Insurance for Children
(c) unreimbursed Expenses
(d) Child Care and Private School Costs
(e) Security
10. COUNSEL FEES
11- EXEMPTIONS FOR CHILDREN
12. WAIVER OF BENEFICIARY DESIGNATIONS
13. WAIVER OF INHERITANCE RIGHTS
14. RELEASE OF CLAIMS
15. PRESERVATION OF RECORDS
16. MODIFICATION
17. SEVERABILITY
18. BREACH
19. WAIVER OF BREACH
20. NOTICE
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TABLE OF CONTENTS (Continuedl
HEADING
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21. APPLICABLE LAW
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24. PRIOR AGREEMENTS
25. INCORPORATION OF EXHIBITS
26. MUTUAL COOPERATION
27. DATE OF EXECUTION
28. EFFECTIVE DATE
29. AGREEMENT NOT TO BE MERGED
30. EFFECT OF RECONCILIATION OR
RECONCILIATION ATTEMPT
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22. AGREEMENT BINDING ON PARTIES AND HEIRS
23. ENTIRE AGREEMENT
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31. HEADINGS NOT PART OF AGREEMENT
32. COUNTERPARTS
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EXHIBIT "A"
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this 12th day of June, 1995, by and
between KATHLEEN K. LOPIENSKI of Cumberland county, Pennsylvania,
(hereinafter referred to as "Wife"), and CHRIS E. LOPIENSKI of
Cumberland County, Pennsylvania, (hereinafter referred to as
"Husband"),
WITNESSETH:
WHEREAS, Kathleen K. Lopienski, social security number 217-
72-4229, was born on July 17, 1960, and currently resides at 21
Woburn Abbey Avenue, Camp Hill, Cumberland County, Pennsylvania,
17011-
WHEREAS, Chris E. Lopienski, social security number 281-66-
6944, was born on October 12, 1958, and currently resides at 21
Woburn Abbey Avenue, Camp Hill, Cumberland county, Pennsylvania,
17011.
WHEREAS, the parties hereto are husband and wife, having
been lawfully married on June 18, 1983, in Akron, Ohio, and are
the parents of the following minor children:
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Jonathon Joseph Lopienski
Gregory Scott Lopienski
Benjamin Michael Lopienski
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WHEREAS, the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
obligations as between each other, including, without limitation,
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the settling of all matters botween them relating to the
ownership of real and peroonal proporty, the support and
maintenance of ono another und of their children, and in general,
the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of
the mutual promises, covenants, and undertakings hereinafter set
forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, Husband and Wife, each intending to be legally
bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. The provisions of this
Agreement and their legal effect have been fully explained to
Husband by his counsel, Patricia A. Miles, Esquire. Wife has
been given the opportunity to obtain independent legal counsel,
and she has been advised to do so. Wife has been given the
opportunity to obtain such advice in advance of the date set
forth above to.permit independent review by counsel of her own
selection. Wife has elected to execute this Agreement without
the advice of counsel and she specifically and knowingly waives
her right, if any, to utilize her lack of legal representation as
a basis to attack the validity of this Agreement. Each party
acknowledges that he or she has had the opportunity to receive
independent legal counsel of his or her selection, and that each
fully understands the facts and his or her legal rights and
obligations, and each party acknowledges and accepts that this
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Agreement is, in the circumstances, fair and equitable, and that
it is being entered into freely and voluntarily, and that
execution of this Agreement is not the result of any duress or
undue influence, and that it is not the result of any improper or
illegal agreement or agreements. In addition, each party hereby
acknowledges that he or she is aware of the impact of the
Pennsylvania Divorce Code, 23 Pa.C.S.A. ~3101, ~. ~., whereby
the court has the right and duty to determine all marital rights
of the parties including divorce, alimony, alimony pendente ~,
equitable distribution of all marital property or property owned
or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, and being fully advised
of his or her rights thereunder, each party hereto still desires
to execute this Agreement acknowledging that the terms and
conditions set forth herein are fair, just and equitable to each
of the parties and waives his and her respective right to have
the Court of Common Pleas of Cumberland County, or any other
court of competent jurisdiction, make any determination or order
affecting the respective parties' rights to alimony, alimony
pendente ~, equitable distribution of all marital property,
counsel fees and costs of litigation, or any other right arising
from the parties' marriage.
2. DISCLOSURE OF ASSETS. Each of the parties hereto
acknowledges that he or she is aware of his or her right to
engage in discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking
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of oral depositions, the filing of inventories, and all other
means of discovery permitted under the Pennsylvania Divorce Code
or the Pennsylvania Rules of civil Procedure and each of the
parties specifically waives his or her right to engage in such
discovery. Each of the parties further acknowledges that he or
she is aware of, and specifically waives, his or her right to
have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the
courts of this commonwealth or any other court of competent
jurisdiction. The respective parties do hereby acknowledge,
recognize and accept that there has been full and fair disclosure
to the other of his or her income, assets and liabilities, and
each party agrees that any right to further disclosure,
valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make
or append hereto any further enumeration or statement. The
parties hereby acknowledge and agree that the division of the
marital assets as set forth in this Agreement is considered fair,
reasonable and equitable, and is satisfactory to them. Each of
the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and
allege therein that there was a denial of any rights to full
disclosure, or that there was any fraud, duress, undue influence,
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or that there was a failure to have available full, proper and
independent representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all
times hereafter, live separate and apart. Each shall be free
from all control, restraint, interference and authority, direct
or indirect, by the other in all respects as fully as if he or
she were unmarried. Each party may reside at such place or
places as he or she may select and with whomever he or she may
choose. Each may, for his or her separate use or benefit,
conduct, carry on or engage in any business, occupation,
profession or employment which to him or her may seem advisable.
This provision shall not be taken, however, to be an admission on
the part of either Husband or Wife of the lawfulness of the cause
which led to, or resulted in, the continuation of their living
apart. Husband and Wife shall not molest, harass or disturb each
other or the respective families of each other, nor compel or
attempt to compel the other to cohabit or dwell by any means or
in any manner whatsoever with him or her. Neither party will
interfere with the use, ownership, enjoyment or disposition of
any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. If either party initiates
an action in divorce, Husband and Wife agree that the grounds
shall be limited to the no-fault grounds provided by the Divorce
Code. The parties further agree that in any such divorce action,
the claims shall be limited to divorce only, all other ancillary
economic issues attendant to the dissolution of their marriage
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having been fully and finally resolved by the provisions of this
Agreement. The parties also agree that if either of them
initiates an action for divorce, upon the expiration of the
ninety (90) day waiting period provided under the no-fault
section of the Divorce Code, each will execute an Affidavit of
Consent to divorce. Said affidavits shall be transmitted to
counsel for the party who initiated the action and that
individual promptly shall file the Praecipe to Transmit Record,
Vital Statistics Form and any other documents necessary to
precipitate the prompt entry of an uncontested no-fault divorce
decree.
5. EOUITABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge
that they are the owners of that certain house and lot and all
improvements thereupon situated at 21 Woburn Abbey Avenue, Camp
Hill, Cumberland county, Pennsylvania, 17011 (the "Marital
Residence"). The parties agree as follows with respect to the
Marital Residence:
(l) On the date of execution of this
Agreement, Husband and Wife shall deliver to Husband an
appropriate deed, to be prepared by Husband's counsel, conveying
to Husband all of the parties' right, title, claim and interest
in and to the Marital Residence. Thereafter, Husband shall be
the sole owner of the Marital Residence and shall be permitted to
record said deed and take any other action with respect thereto
that he deems appropriate.
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(2) Wife agrees that as of the date of
execution of this Agreement, any and all homeowners policies,
title policies, and any other policy of insurance with respect to
the Marital Residence shall be endorsed to reflect Husband as
sole owner thereof and she further agrees that Husband shall be
entitled to receive any payments now or hereafter due under any
such insurance policy.
(3) commencing on the execution date of this
Agreement, Husband shall be solely responsible for all costs,
expenses and liabilities associated with or attributable to the
Marital Residence, including the existing mortgage in favor of
sovereign Bank (Loan No. 96011173), taxes, insurance premiums,
utilities, maintenance and repairs, and Husband shall keep Wife
and her successors, assigns, heirs, executors and administrators
indemnified and held harmless from any liability, cost or
expense, including attorney's fees, which may be incurred in
connection with such liabilities and expenses or resulting from
Wife's ownership interest in the Marital Residence.
(4) Notwithstanding the foregoing, if and in
the ever.t that Husband sells the Marital Residence and settlement
on such sale occurs on or before December 31, 1995, then Husband
agrees that he shall share equally with Wife any net proceeds
from the sale and the parties agree that they will equally share
any capital gains consequences, and any losses resulting from the
sale. "Net proceeds" shall be defined as the sale price, less
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the outstanding mortgage, taxes, realtor's fees and commissions
and costs of sale and settlement.
(b) LumD Sum to Wife. As part of the equitable
distribution of the parties' marital property, Husband agrees
that he shall pay to Wife a lump sum of Eighteen Thousand Two
Hundred Fifty Dollars ($18,250), within sixty (60) days of the
date of execution of this Agreement. The parties agree that the
lump sum from Husband to Wife is in the nature of property
distribution and is not alimony. Therefore, this sum shall not
be deductible by Husband nor includeable in wife's income for tax
purposes.
(c) Contents of Marital Residence and Personal
Pronertv.
(1) Except as set forth in subparagraph (2)
below, as of the date of execution of this Agreement, Wife sets
over, transfers and assigns to Husband, all of her right, title,
claim and interest in and to all of the contents of the Marital
Residence, including but not necessarily limited to all
furniture, furnishings, rugs, carpets, household appliances and
equipment, clothes, jewelry, personalty and other items of
tangible property of whatever nature currently located in the
Marital Residence.
(2) Notwithstanding the foregoing, Husband
agrees that Wife may remove from the Marital Residence and retain
as her sole and separate property the assets set forth on
Exhibit "A" to this Agreement which is attached hereto and
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incorporated herein by reference. Wife shall remove the items on
Exhibit "A" from the Marital Residence within sixt1' (60) days of
the date of execution of this Agreement and shall bear all costs
of transporting said property from the Marital Residence. Any
such items Wife fails to remove from the Marital Residence within
sixty (60) days of the date of execution of this Agreement shall
become Husband's sole and separate property.
(d) Motor Vehicles.
(1) Husband agrees that Wife shall retain
possession of and receive as her sole and separate property the
1990 Dodge Caravan van, along with all rights under any insurance
policy thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance
thereon, free of any right, title, claim or interest of Husband.
(2) Wife agrees that Husband shall retain
possession of and receive as his sole and separate property the
1993 Jeep automobile, along with all rights under any insurance
policies thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance
thereon, free of any right, title, claim or interest of Wife.
(3) Wife and Husband agreed to execute,
acknowledge and deliver within thirty (30) days upon request of
the other, any and all instruments or documents necessary to
effectuate the transfer of vehicles pursuant to the terms of this
subparagraph.
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(4) Wife and Husband agree that each will
indemnify and hold the other and his or her property harmless
from any liability, cost or expense, including attorneys fees,
incurred in connection with the vehicles awarded to each party by
the terms of this subparagraph.
(e) Pension/Retirement Funds.
(1) The parties agree that Wife shall
receive the sum of Thirty Thousand Dollars ($30,000) from
Husband's Medline Industries, Inc. 401K Profit Sharing Plan. The
parties further agree that the transfer of said sum to Wife shall
be effectuated in a manner which does not incur any tax
consequences or penalties, by rollover into an Individual
Retirement Account or separate retirement account of Wife. If
Wife elects to withdraw the funds rather than roll them over to
another plan, she shall be solely responsible for any and all
taxes, penalties, costs and expenses associated therewith. The
transfer shall be pursuant to a Domestic Relations Order ("DRO")
or Qualified Domestic Relations Order ("QDRO") prepared by
Harry M. Leister, Jr., F.S.A., of Conrad M. Siegel, Inc. at
Husband's sole expense. The DRO or QDRO drafted by Mr. Leister
shall be submitted to the court along with a stipulation,
executed by both parties, requesting that it be entered as an
order. Both parties agree to cooperate in effectuating the
transfer of funds pursuant to this subparagraph.
(2) Except and only except as specifically
provided in subparagraph (1) above, Wife and Husband each hereby
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specificallY releases and waives any and all interest, claim or
right that she or he may have in and to any and all retirement
benefits (including, but not limited to, pension or profit
sharing benefits, deferred compensation plans, 401(k) plans,
individual retirement accounts or other similar benefits) of the
other party, specifically to include a waiver of Wife's interest
in the remainder of Husband's Medline Industries, Inc. 401K
profit Sharing Plan after the transfer of funds to her pursuant
to subparagraph (1) above, and a waiver of Husband's interest in
Wife's Polyclinic Medical Center Employee Benefit Plan and
specifically to include a waiver of any spousal annuity benefits
and/or beneficiary designations thereunder. The parties agree
that they shall execute any documents pursuant to the Retirement
Equity Act or any similar act that may be required from time to
time to accomplish the purpose of this subparagraph.
(f) Cash Accounts and other Funds. The parties
agree that they will divide equally between them the value of the
following accounts:
(1) Husband's Harris savings Checking
Account No. 20034088;
(2) Joint Dauphin Deposit Checking and
savings Account Nos. 28-81121-6 and the joint accounts will be
closed;
(3) Husband's Harris savings stock;
(4) Husband's Berger Fund Account No. 43-
01993926740;
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(5) Husband's Janus Fund Account No.
201460220.
In order to effectuate the equal division of the non-cash assets,
the parties agree that Husband shall retain as his sole and
separate property the Harris Savings stock. The parties agree
that Wife shall receive as her sole and separate property the
Janus Fund. The Berger Fund shall be divided between the parties
in a manner which equalizes the value to each party of all of the
assets identified in this subparagraph.
(g) Life Insurance. Except as otherwise
specifically provided herein, Wife and Husband hereby release and
waive any and all interest, claim, or right that he or she may
have in and to any and all policies of life insurance insuring
the life of the other, along with all incidents of ownership
pertaining to same, including cash value, if any.
(h) Miscellaneous Procertv. Any and all property
not specifically addressed herein shall be hereafter 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 each to the other.
(i) Propertv to Wife. The parties agree that
Wife shall own, possess, and enjoy, free from any claim of
Husband, the property awarded to her by the terms of this
Agreement. Husband hereby quitclaims, assigns and conveys to
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Wife all such property, together with any insurance policies
covering that property, and any escrow accounts relating to that
property. This Agreement shall constitute a sufficient bill of
sale to evidence the transfer of any and all rights in such
property from Husband to Wife.
(j) PrODertv to Husband. The parties agree that
Husband shall own, possess, and enjoy, free from any claim of
wife, the property awarded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such
property, together with any insurance policies covering that
property, and any escrow accounts relating to that property.
This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from
Wife to Husband.
(k) AssumDtion of Liabilities.
(1) Husband agrees that he shall be solely
responsible for all debt he has incurred in his name alone,
including, but not limited to obligations to issuers of credit
cards in his name, and Husband further agrees that he will
indemnify and hold Wife and her property harmless from any
liability, cost or expense, including attorney's fees, associated
with these obligations.
(2) Wife agrees that she shall be solely
responsible for all debt she has incurred in her name alone,
including but not limited to obligations to issuers of credit
cards in her name, and Wife further agrees that she will
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indemnify and hold Husband and his property harmless from any
liability, cost or expense, including attorney's fees, associated
with these obligations.
(3) Unless otherwise provided herein, each
party hereby assumes the debts, encumbrances, taxes and liens on
all the property each will hold subsequent to the date of this
Agreement, and each party agrees to indemnify and hold harmless
the other party and his or her property from any claim or
liability that the other party will suffer or may be required to
pay because of such debts, encumbrances or liens.
(l) Liabilitv Not Listed. Each party represents
and warrants to the other that he or she has not incurred any
debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable.
A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter
incur it, and each party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(m) Indemnification of Wife. If any claim,
action or proceeding is hereafter initiated seeking to hold Wife
liable for the debts or obligations assumed by Husband under this
Agreement, Husband shall, at his sole expense, defend Wife
against any such claim, action or proceeding, whether or not
well-founded, and indemnify her and her property against any
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damages or loss resulting therefrom, including, but not limited
to, costs of court and attorney's fees incurred by Wife in
connection therewith.
(n) Indemnification of Husband. If any claim,
action or proceeding is hereafter initiated seeking to hold
Husband liable for the debts or obligations assumed by Wife under
this Agreement, Wife shall, at her sole expense, defend Husband
against any such claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, including, but not limited
to, costs of court and attorney's fees incurred by Husband in
connection therewith.
(0) Warrantv as to Future Obliaations. Husband
and Wife shall take all steps necessary to assure that no credit
cards or similar accounts or obligations exist which provide for
joint liability. From the date of execution of this Agreement,
each party shall use only those credit cards and accounts for
which that party is individually liable and the parties agree to
cooperate in closing any and all accounts on which joint
liability may be incurred. Husband and Wife each represents and
warrants to the other that he or she will not at any time in the
future incur or contract any debt, charge or liability for which
the other, the other's legal representatives, property or estate
may be responsible. Each hereby agrees to indemnify, save and
hold the other and his or her property harmless from any
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liability, loss, cost or expense whatsoever, including attorney's
fees, incurred in the event of breach hereof.
6. WAIVER OF ALIMONY. The parties acknowledge that
inflation may increase or decrease, that their respective incomes
and assets may substantially increase or decrease in value, that
either may be employed or unemployed at various times in the
future, and that notwithstanding these or other economic
circumstances, the parties acknowledge that they each have
sufficient property and resources to provide for her or his
reasonable needs and that each is able to support herself or
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himself without contribution from the other. Therefore, the
parties hereby expressly waive, discharge and release any and all
rights and claims which they may now or hereafter have, by reason
of the parties' marriage, to alimony, alimony pendente ~,
support or maintenance and they acknowledge that this Agreement
constitutes a final determination for all time of either party's
obligation to contribute to the support and maintenance of the
other. It shall be, from the execution date of this Agreement,
the sole responsibility of each of the respective parties to
sustain himself or herself without seeking any additional support
from the other party.
7. HEALTH INSURANCE FOR WIFE. Husband agrees that he
shall continue to maintain Wife on the medical and
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hospitalization insurance coverage provided as a benefit of his
employment until the date a divorce decree is entered with
respect to the parties. Husband further agrees to cooperate
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thereafter in assisting Wife to obtain COBRA coverage, if
available and if she so desires, but such coverage shall be at
Wife's sole expense.
8. CUSTODY.
(a) Shared Leqal and Phvsical Custodv. It is the
intention of the parties, and the parties agree, to share joint
legal and physical custody of their children. The parties agree
that major decisions concerning their children, including but not
necessarily limited to their health, welfare, education,
religious training and upbringing shall be made after discussion
and consultation with each other, with a view toward obtaining
and following a harmonious policy in the children's best
interests. Each party shall keep the other informed of the
progress of the children's educational and social adjustments
when in his or her care. Each party agrees not to impair the
other party's custodial rights as regards the children. The
parties shall give support to one another in their role as
parents, and take into account the views of the other regarding
the physical and emotional well-being of their children. Each
party agrees not to attempt to alienate the affections of the
children from the other party nor to permit any third party to so
alienate the affections of the children from the other party.
The parties agree that they will encourage the children to
contact the other party by telephone. Day-to-day decisions will
be the responsibility of the parent then having physical custody.
l7
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'I
(b) Emerqencies. with regard to any emergency
decisions which must be made, the parent having physical custody
of the child or children at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereby.
However, that parent shall inform the other parent of the
emergency and consult with him or her as soon as possible.
(c) Access to Records. Each parent shall be
entitled to complete and full information from any doctor,
dentist, teacher or authority and to have copies of any reports
given to either party as a parent.
(d) Livinq Arranqements. It is understood by the
parties that the exact period of physical custody must
necessarily be the subject of periodic negotiation between them.
They therefore agree to consult as necessary and to cooperate
with one another in scheduling the children's custodial periods
with one another and to take into account the respective
schedules and obligations of each other and of the children. If
the parties are unable to agree to a mutually satisfactory
schedule of custody, they agree that before either party
initiates a custody action, they will participate in at least
three (3) mediation sessions with Becky Emerick, or another
mutually-selected mediator, in an attempt to resolve the issue
before initiating legal action.
9. CHILD SUPPORT.
(a) Periodic Pavments. commencing upon Wife's
relocation to her new residence, Husband shall pay, directly to
l8
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"
Wife, the sum of One Thousand One Hundred sixty-One Dollars
($1,161) per month for the support of the parties' three
children. These funds shall not be includeable in Wife's income,
nor deductible by Husband for tax purposes.
(b) Medical Insurance for Children. Husband
shall pay one hundred percent (100%) of the cost of medical,
dental and hospitalization insurance for the children either
through his employer or through Wife's employer, whichever plan
provides the best coverage.
(c) Unreimbursed Expenses. Husband agrees that
he shall pay two-thirds (2/3) and Wife agrees that she shall pay
one-third (1/3) of any unreimbursed medical and dental expenses
for the children. In a non-emergency situation, the decision to
incur extraordinary medical expenses shall be by mutual consent
of the parties, such consent not to be unreasonably withheld.
(d) Child Care and Private School Costs.
(1) Wife agrees that she will be solely
responsible for all costs associated with Benjamin'S child care;
(2) Husband agrees that in addition to the
other payments he is obligated to make by the terms of this
paragraph, he also shall be solely responsible for payment of
Jonathon's tuition at Good Shepherd School.
(3) In the event that the parties mutually
agree that their other two sons should attend private school,
Husband agrees that he will be solely responsible for any and all
tuition costs associated therewith.
19
';;;':':;.--..::;.-.;.:~--,..
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(e) Securitv. As security for each party's
obligation to their children, the parties agree that each shall
maintain in full force and effect, until such time as their
youngest child reaches age 23 or graduates from college,
whichever is first to occur, a policy or policies of term life
insurance with a benefit payable upon his or her death in the
amount of Three Hundred Thousand Dollars ($300,000). Husband
agrees that he will bear the cost of maintaining said life
insurance on both parties. Each party shall name the three
children of the marriage as sole beneficiaries of the insurance
required to be maintained by the terms of this subparagraph and
further each shall name the other as trustee for the children
during their minority. In the event that Husband defaults in
paying any amount due on account of any policy of insurance
required to be maintained by virtue of this subparagraph, Wife
may make the payment due, and she shall be reimbursed by Husband
for the full amount of any payments, plus any interest, penalties
and costs, and legal fees incurred by her in securing payment
from Husband.
10. COUNSEL FEES. Each party shall be solely
responsible for any and all counsel fees, costs and expenses each
may incur in connection with the negotiation and execution of
this Agreement and the dissolution of their marriage. Each party
specifically waives his or her right to seek a contribution from
the other party toward his or her counsel fees, costs and
expenses.
20
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11. EXEMPTIONS FOR CHILDREN. The parties agree that
for federal tax purposes, Husband shall be entitled to claim
Jonathon and Gregory, and Wife shall be entitled to claim
Benjamin, as exemptions on their respective federal income tax
returns. Each party agrees that upon the request of the other,
he or she will execute IRS Form 8332 releasing his or her right
to take the exemption for any child the other party may claim by
virtue of this subparagraph.
12. WAIVER OF BENEFICIARY DESIGNATIONS. Unless
otherwise specifically set forth in this Agreement, each party
hereto specifically waives any and all beneficiary rights in and
to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation
plans, life insurance policies, annuities, stock accounts, bank
accounts, final paychecks or any other post-death distribution
scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any
beneficiary designations naming the other which are in effect as
of the date of execution of this Agreement. If and in the event
the other party continues to be named as a beneficiary and no
alternate beneficiary is otherwise designated, the beneficiary
shall be deemed to be the estate of the deceased party.
Notwithstanding the foregoing, however, in the event that either
party hereto specifically designates the other party as a
, <
21
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'.' "
beneficiary of any asset after the date of execution of this
Agreement, then this waiver provision shall not bar that party
from qualifying as such beneficiary.
13. WAIVER OF INHERITANCE RIGHTS. Unless otherwise
specifically provided in this Agreement, effective upon the
execution date, Husband and Wife each waives all rights of
inheritance in the estate of the other, any right to elect to
take against the Will or any trust of the other or in which the
other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of
their marriage, except the rights saved or created by the terms
of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights
provided under the laws of Pennsylvania, or any other
jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
14. RELEASE OF CLAIMS.
(a) Husband and Wife acknowledge and agree that
the property dispositions provided for herein constitute an
equitable distribution of their assets and liabilities pursuant
to ~3502 of the Divorce Code and Husband and Wife hereby waive
any right to division of their property except as provided for in
this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title
or interest whatsoever he or she may have in or to property
22
" .
" ,
, ,
transferred to the other party pursuant to this Agreement or
identified in this Agreement as belonging to the other party, and
each party agrees never to assert any claim to said property or
proceeds in the future. However, neither party is released or
discharged from any obligation under this Agreement or any
instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of
any claim or right of the other, all items of personal property,
tangible or intangible, acquired by him or her from the date of
execution of this Agreement with full power in him or her to
dispose of the same fUl~y and effectively for all purposes.
(b) Each party hereby absolutely and
unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter
has for past, present or future support or maintenance, alimony
Dendente ~, alimony, equitable distribution, counsel fees,
costs, expenses and any other right or obligation, economic or
otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as any other law of any other jurisdiction,
except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions.
(c) Each party hereby absolutely and
unconditionally releases and forever discharges the other and his
23
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f.,::
I I' I'
or her heirs, executors, administrators, assigns, property and
estate from any and all rights, claim, demands or obligations
arising out of or by virtue of the marital relationship of the
parties whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims
arise out of any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow's or
widower's rights, family exemption or similar allowance, or under
the intestate laws or the right to take against the spouse's
Will, or the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising under
the laws of Pennsylvania, any state, commonwealth or territory of
the United states, or any other country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved therein, each party gives to the other by the execution
of this Agreement an absolute and unconditional release and
discharge from all causes of action, claims, rights or demand
whatsoever in law or in equity, which either party ever had or
now has against the other.
15. PRESERVATION OF RECORDS. Each party will keep and
preserve for a period of four (4) years from the date a divorce
decree is entered all financial records relating to the marital
estate, and each party will allow the other party access to those
records in the event of tax audit.
24
"
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16. MODIFICATION. No modification, rescission, or
amendment to this Agreement shall be effective unless in writing
signed by each of the parties hereto.
17. SEVERABILITY. If any provision of this Agreement
is held by a court of competent jurisdiction to be void, invalid
or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect
without being impaired or invalidated in any way.
18. BREACH. If either party hereto breaches any
provision hereof, 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. The
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually
incurred in the enforcement of the rights of the non-breaching
party.
19. WAIVER OF BREACH. The waiver by one party of any
breach of this Agreement by the other party will not be deemed a
waiver of any other breach or any provision of this Agreement.
20. NOTICE. Any notice to be given under this
Agreement by either party to the other shall be in writing and
may be effected by registered or certified mail, return receipt
requested. Notice to Wife will be sufficient if made or
addressed to the following:
Kathleen K. Lopienski
2l Woburn Abbey Avenue
Camp Hill, PA l701l
25
" .
and to Husband, if made or addressed to the following:
Chris E. Lopienski
21 Woburn Abbey Avenue
Camp Hill, PA 17011
Each party may change the address for notice to him or her by
giving notice of that change in accordance with the provisions of
this paragraph.
21. APPLICABLE LAW. All acts contemplated by this
Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement.
22. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement, except as otherwise expressly provided herein, shall
bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns, and successors in
any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he
or she has carefully read this Agreement, including all Exhibits
and other documents to which it refers; that he or she has had
the opportunity to discuss its provisions with an attorney of his
or her own choice, and has executed it voluntarily; and that this
instrument expresses the entire agreement between the parties
concerning the subjects it purports to cover. This Agreement
should be interpreted fairly and simply, and not strictly for or
against either of the parties.
26
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24. PRIOR AGREEMENTS. The parties specifically agree
that this Agreement shall supersede any and all prior agreements
between the parties.
25. INCORPORATION OF EXHIBITS. All Exhibits and other
instruments referred to in this Agreement are incorporated into
this Agreement as completely as if they were copied verbatim in
the body of it.
26. MUTUAL COOPERATION. Each party shall on demand
execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiaries of insurance
policies or other benefits or assets, tax returns, and other
documents, and shall do or cause to be done every other act or
thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party
unreasonably fails on demand to comply with these provisions,
that party shall pay to the other party all attorney's fees,
costs, and other expenses reasonably incurred as a result of such
failure.
--.......~.- .'.~ -'
27. DATE OF EXECUTION. The "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they each have
executed the Agreement on the same date. otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
27
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28. EFFECTIVE DATE. This Agreement shall be effective
and binding upon both parties on the execution date of this
Agreement.
29. AGREEMENT NOT TO BE MERGED. This Agreement shall
survive any divorce decree entered with respect to the parties
and shall be incorporated into any final decree of divorce of the
parties for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as
amended, and in addition, shall retain any remedies in law or in
equity under this Agreement as an independent contract. Such
remedies in law or equity specifically are not waived or
released.
30. EFFECT OF RECONCILIATION OR RECONCILIATION
ATTEMPT. This Agreement shall remain in full force and effect
and shall not be abrogated even if the parties effect a
reconciliation, cohabit as husband and wife or attempt to effect
a reconciliation. This Agreement also shall remain in full force
and effect in the event of a divorce of the parties. This
Agreement shall continue in full force and effect and there shall
be no modification or waiver of any of the terms hereof unless
the parties in writing execute a statement declaring this
Agreement or any term of this Agreement to be null and void.
31. HEADINGS NOT PART OF AGREEMENT. Any headings
preceding the text of the several paragraphs and subparagraphs
hereof are inserted solely for convenience of reference and shall
28
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,I . I.
.. .
not constitute a part of this Agreement nor shall they affect its
meaning, construction or effect.
32. COUNTERPARTS. This Agreement may bo executed in
counterparts, each of which will be an original and which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the dates of their acknowledgements.
~.~
...
29
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It . . 't
COMMONWEALT )
)
COUNTY OF )
BEFORE ME, the undersigned authority, on this day personally
appeared KATHLEEN K. LOPIENSKI, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that she executed same for the purposes and considerations
therein expressed.
this ~y of
HAND AND SEAL OF OFFICE
, 1995.
My commission expires:
IIOT ARlAL SEAL
DEDRA II SHIMP, Nol3ry Public
Hlllllburg, Dauphin County, PA
My Commission Ellplrll AII\IUII23, IIl87
30
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1
i
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~ .. ,
, ,
.. .
.. ,
)
)
)
BEFORE ME, the undersigned authority, on this day personally
appeared CHRIS E. LOPIENSKI, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that he executed same for the purposes and considerations therein
expressed.
OF OFFICE this ~~y of
(9 MY
HAND AND SEAL
, 1995.
M commission expires:
NOTARIAL WL
DEBRA M SHIMP, tlolary Public
lI.rrllburg, Dauphin County, PA
'-IV Conlmlplon bpl'lI Augusl23, 111II7
31
. .. ..
, . . .
. .
.. .
. ..
EXHIBIT "A"
CONTBNTS OP MARITAL RBSIDENCE AND PERSONAL PROPERTY TO WIPB
Piano in living room
Dining room furnishings (with the exception of the blue china and
silverware (gold and chrome) which shall remain Husband's sole
and separate property)
Laundry room contents
Refrigerator and freezer in garage
Sectional sofa in the family room
Family room carpet
Dresser and lamp table in master bedroom
Toaster and baker's rack in kitchen
Microwave in basement
Sofa and chair in basement
End tables in basement
Television in basement
32
Nordic Trak in basement
Sewing machine and notions in basement
File cabinet in basement
Dresser in basement
Hutch in basement
Furnishings in Jonathon's room (with the exception of the desk
which will remain Husband's sole and separate property)
Dresser in Benjamin's room
Queen size bed in Gregory's room
Furnishings in TV room
Wife's clothing, jewelry and personal items
The parties agree to divide equally between themselves the
photographs on the wall in the family room, kitchen utensils,
plants and flowers in the kitchen, Christmas ornaments and
lights, photos in the tv room and linens and sundries.
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KDJaINpBR flc Va .. P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
plaintiff )
)
v. ) NO. 95-3326 CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PRABCIPB TO TRANSMIT RBCORD
TO THE PROTHONOTARY:
Transmit the record, together with the following
information, to the court for entry of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under
(Xl section 3301(cl ( I section 3301(dl of the Divorce Code.
(Check applicable section).
2. Date and manner of service of the complaint:
Affidavit of Service filed June 30. 1995.
3. Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent
required by section 3301(c) of the Divorce Code: by plaintiff,
SeDtember 20. 1995; by defendant, SeDtember 20. 1995.
(b) (1) Date of execution of plaintiff's affidavit
required by Section 3301(d) of the Divorce Code:
(2) date of service of plaintiff's affidavit upon defendant:
4.
Related claims pending:
None
Date:
? /.1./ /9J'
/ I
~etWUL'')db
paf:icia A.lMi1es, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Plaintiff
Chris E. Lopienski
.
,
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW IN DIVORCE
NO. 95-3326 CIVIL 1995
CHRIS E. LOPIENSKI,
Plaintiff
SEP ZZ 2 37 Nt '95
V.
, . L; '~fflCf
0; ~;" ;:"I>rHOH~r.ti'.
GUPLFILIHP C-)'jllTt
PESk~l!.~'j.UJ"
KATHLEEN K. LOPIENSKI,
Defendant
PRAECIPE TO TRANSMIT
REalRD
LAw OFPICBS Of
KoWET!', KISSINGER & MILES, P.C.
130 WALNUT &TREST
POST omes BOX 110
HAIUUSBURO, PENNSYLVANIA 17108
~."':.--:-_.__. --.- .'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff ) " G
) (0 ,) ,) L.
v. ) NO. CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
NOTICB 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 divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counselling.
A list of marriage counsellors is available in the Office of the
Prothonotary, Cumberland County Courthouse, 1 Courthouse S~lare,
CarliSle, Pennsylvania 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 HAY 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.
Lawyer Referral Service
Cumberland County Courthouse
Court Administrator, 4th Floor
1 Courthouse Square
Carlisle, PA 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required
by law to comply with the Americans with Disabilities Act of
1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business
before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business
before the court. You must attend the scheduled conference or
hearing.
iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI , )
plaintiff )
)
v. ) NO. CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
COMPLAINT IN DIVORCB
Plaintiff Chris E. Lopienski, by and through his counsel,
Howett, Kissinger & Miles, P.C., hereby files this Complaint in
Divorce and in support thereof avers the following:
1. Plaintiff is Chris E. Lopienski, an adult
individual who currently resides at 21 Woburn Abbey Avenue, Camp
Hill, Cumberland County, Pennsylvania, 17011.
2. Defendant is Kathleen K. Lopienski, an adult
individual who currently resides at 21 Woburn Abbey Avenue, Camp
Hill, Cumberland county, Pennsylvania, 17011.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six
(6) months immediately previous to the filing of this Complaint.
4. The parties are husband and wife, having been
lawfully married on June 18, 1983, in Akron, Ohio.
5. Three children were born of the marriage:
~ ~
Jonathon Joseph Lopienski 11
Gregory Scott Lopienski 9
Benjamin Michael Lopienski 4
"f
6. There have been no prior actions for divorce or
for annulment of the marriage between the parties instituted by
either of them in this or any other jurisdiction.
7. Neither plaintiff nor Defendant is in the military
or naval service of the United states or its allies within the
provisions of the Soldiers' and sailors' civil Relief Act of the
congress of 1940 and its amendments.
8. plaintiff has been advised that counselling is
available and that plaintiff may have the right to request that
the court require the parties to participate in counselling.
9. The marriage of the parties is irretrievably
broken.
WHEREFORE, plaintiff Chris E. Lopienski respectfully
requests this Honorable Court to enter a Decree in Divorce after
ninety (90) days have elapsed from the date of the filing of this
complaint and the requisite Affidavits of consent have been filed
by both parties consenting to the entry of a divorce decree
pursuant to S3301(C) of the Divorce Code or, if plaintiff has
submitted an affidavit at the appropriate time alleging that the
parties have lived separate and apart for at least the requisite
period, that a decree be entered pursuant to S3301(d) of the
Divorce Code.
,
.
I
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.
I
I
Respectfully submitted,
Date:
6 !/~IJ.L
I
Patricia Miles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut street
P.O. Box B10/Harrisburg, PA 17108
Telephone: 717/234-2616
counsel for Plaintiff
Chris E. Lcpienski
VERIFICATION
I, Chris E.Lopienski, hereby swear and affirm that the facts
contained in the foregoing Complaint in Divorce are true and
correct to the best of my knowledge, information and belief and
are made subject to the penalties of 18 Pa.C.S. S4904 relating to
unsworn falsification to
Date:
b'ff.~5
IN 'lllE CXlURT OF CGMlN PLEAS OF
CUMBERLAND CXJUNlY, PmNSYLVANIA
CIVIL ACl'ION-LAW IN DIVORCE
00. CIVIL 1995
(11
anus E. IDPIENSKI,
Plaintiff
JUN ZD 3 1i7 PH '95
v.
U-O CrFICE
Of 1ltE 'f!,:HON',TAr.,
CUKEEHLAHO CP'l~n
I'l~"SYt.'lM.'A
RA'l'!II.E:m K. IDPIENSKI,
Defendant
(2 #L~
cx:MPLAINl' IN DIVORCE
IdS:
3SJO
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0,
-$
/00
(' t!.- I~ 7j(P
&1-
@ ~7 ~ ~3
LAW OFFICES OF
HowETl'. I{ISSINGER & MILES. P.C.
110 WALNUT STIlEBT
POST OFFICB BOX 810
HARRISBURO, PENNSYLVANIA 17108
.. . _..~--
.- . "
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
plaintiff )
)
v. ) NO. 95-3326 CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
AFFIDAVIT OF SERVICE
Patricia A. Miles, being duly sworn according to law, deposes
and says that she is an attorney at law duly authorized to practice
in the Commonwealth of Pennsylvania, and that on the 22nd day of
June, 1995, she sent the original of the attached letter, with
which was enclosed a certified, time-stamped copy of the Complaint
in Divorce in the above captioned matter, properly endorsed, to the
Defendant, Kathleen K. Lopienski, by certified mail, postage
prepaid, return receipt requested, restricted delivery, pursuant to
Pa.R.C.P. 412, to 21 Woburn Abbey Avenue, camp Hill, Pennsylvania,
17011, the Defendant's last known address, and that the return
receipt card which was signed by Kathleen K. Lopienski, marked as
having been delivered to her on June 28, 1995, is attached hereto
and made a part hereof.
'1!IUIUL -)t~
Patricia A. Miles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Attorney I.D. #48203
SWORN TO AND SUBSCRIBED
before me this ~
, 199
r:OUJlIAL &tAL
TERRI L- f,;EnL,lle~:ri Public
Illrrl:~~rG, DlW~:,:n Cou:lly, PA
My COllllllIJllon bpllft July 28, 1U/7
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DONALD T, KIIIINllP.
'AnIClA A. MIW
CINDY L CONLIlY
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June 22, 1995
CBRTXPIED MAIL NO. Z390541489
RESTRICTED DELXVERY
RETURN RECEIPT REOUESTED
Ms. Kathleen K. Lopienski
21 Woburn Abbey Avenue
camp Hill, PA 17011
Re: LoDienski v. LoDienski
Dear Ms. Lopienski:
Enclosed for service upon you please find a
certified copy of a Complaint in Divorce which was
filed with the Cumberland county Court of Common Pleas
on June 20, 1995.
Sincerely,
~U-l;t~
patricia A. Miles
PAH/dms
Enclosure
cc: Chris E. Lopienski (w/encl)
CfIllUIolII.
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JWle 22, 1995
,
~IS E. IDPImSJ(I
plaintiff
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IN 'llIE CXlURT OF ~ PLEAS OF
c:tJoIBEmAND <llUNl'Y, PWNSYLVANIA
CIVIL ACl'IOO - LA IN DIVORCE
';~- :
v.
'.q,'(
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hllllalLV~Kll ..'
KA~ K. IDPImSKI
Defendant
AFFIDAVIT OF SERVICE
LAw OmCIIS OF
HOWETr. KISSINGER & MILES. P.C.
110 WALNUT STRBIT
POST OPPle! BOX 110
HAIlIUSBUIIO, PIINNSYLVAN1A 17108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
plaintiff )
)
v. ) NO. 95-3326 CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
PLAINTIPP'S APPIDAVIT OP CONSENT
AND WAIVER OP COUNSBLING
1. A complaint in Divorce under ~3301(C) of the
Divorce Code was filed on June 20, 1995.
2. The marriage of Plaintiff and Defendant is
irretrievably broken, and ninety days have elapsed from the date
of filing of the Complaint.
3. I consent to the entry of a Final Decree in
Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, equitable distribution of marital property or
counsel fees or expenses has not been filed with the Court before
the entry of a Final Decree in Divorce, the right to claim any of
them will be lost.
5. 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. I
further understand that the Court maintains a list of marriage
counselors in the prothonotary's Office, which list is available
to me upon request. 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 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.A. S4904, relating to
unsworn falsification to authorities.
Dated: )~ cZ'v,/19.s d....
~ I
1--1--
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW IN DIVORCE
SfP ZZ 2 31 rK '95
CHRIS E. LOPIENSKI,
Plaintiff
, '>-offiCE
" .:,,'; i",lliOIHI1A1'Y
'qIt'L:fH.tHO CIlUlln
. ?(HH:H~'J,.tllj,.
V.
KATHLEEN K. LOPIENSKI,
Defendant
PLAImFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF OOUNSELING
LAw Omcas Of
HowETI', KISSINGER & Mn.ES, P.C.
IlO WALN\lT STIl!BT
POST ome! BOX 110
HAI\I\ISBURO, PIlNNSYLVANIA 17108
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 95-3326 CIVIL 1995
)
KATHLEEN K. LOPIENSKI, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
DBPENDANT'S APPIDAVIT OP CONSBNT
AND WAIVBR OP COUNSELING
1. A Complaint in Divorce under S3301(c) of the
Divorce Code was filed on June 20, 1995.
2. The marriage of Plaintiff and Defendant is
irretrievably broken, and ninety days have elapsed from the date
of filing of the Complaint.
3. I consent to the entry of a Final Decree in
Divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, equitable distribution of marital property or
counsel fees or expenses has not been filed with the Court before
the entry of a Final Decree in Divorce, the right to claim any of
them will be lost.
5. 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. I
further understand that the Court maintains a list of marriage
counselors in the Prothonotary's Office, which list is available
to me upon request. 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 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.A. 54904, relating to
unsworn falsification to authorities.
Dated:
II' ~) ,~(,' ""
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Kathleen K. Lopienski,
Defendant
IN TIlE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-l.AW IN DIVORCE
CHRIS E. LOPIENSKI,
SiP/Ii .
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Plaintiff
v.
KATIlLEEN K. LOPIENSKI.
Defendant
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DEPIlNDABT'S AFFIDAVIT OF CONSENT
AlfD WAIVER OF <XlUlfSIlLIIfG
LAw OFFICES OP
HowETl'. KISSINGER & MILES, P.C.
110 WALNUT 8TltBBT
POST OFFlCB BOX 110
HAI\I\IS8UI\O. PSNNSYLVANIA 17108
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI,
plaintiff
)
)
)
)
)
)
)
No. 95-3326 CIVIL 1995
DIVORCE
v.
KATHLEEN K. LOPIENSKI,
Defendant
OUALIPIBD DOMBSTIC RELATIONS ORDBR
1. The Court intends this Order to be a Qualified Domestic
Relations Order ("QDRO") within the meaning of S414(p) of the
Internal Revenue Code of 1986 ("Code").
2. This Order creates and recognizes the existence of the
Alternate Payee's right to receive a portion of the benefits
payable with respect to the Participant.
3. This QDRO relates to the provision of marital property
rights to the Alternate Payee as a result of a Marital Settlement
Agreement between Participant and Alternate Payee entered into
June 12, 1995.
4. This QDRO applies to the Medline Industries, Inc.
401(k) Profit Sharing Retirement Plan ("Plan") and any successor
thereto. Chris E. Lopienski ("Participant") is a participant in
the Plan. Kathleen K. Lopienski ("Alternate Payeell) is the
Alternate Payee for purposes of this QDRO.
5. The participant's name, mailing address, Social
Security number and date of birth are:
Chris E. Lopienski
21 Woburn Abbey Avenue
camp Hill, PA 17011
Social Security No.: 281-66-6944
Date of Birth: October 12, 1958
6. The Alternate Payee's name, mailing address, Social
Security number and date of birth are:
Kathleen K. Lopienski
64 Greenmont Drive
Enola, PA 17025
Social Security No.: 217-72-4229
Date of Birth: July 17, 1960
It is the responsibility of the Alternate Payee to keep
a current mailing address on file with the Plan at all times.
7. The portion of the Participant's plan benefits payable
to the Alternate Payee undur this QDRO is $30,000.
8. The amount designated in Paragraph 7 shall not be paid
directly to the Alternate Payee but, as soon as administratively
possible, such amount shall be paid to the following individual
retirement account which is represented to bo eligible to receive
this transfer.
IRA Account for Kathleen K. Lopienski
Account #2177242290
Dauphin Deposit Bank & Trust Co.
Attn: IRA Department
P.O. Box 2961
Harrisburg, PA 17105
The Alternate Payee intends to complete the withdrawal
forms of the Plan Sponsor to effectuate any such transfer.
9. This QDRO does not require the Plan to provide any type
or form of benefit the Plan does not otherwise provide.
10. This QDRO does not require the Plan to provide
increased benefits.
11. This QDRO does not require the Plan to pay any benefits
which another order previously determined to be a Qualified
Domestic Relations Order requires the Plan to pay to another
Alternate payee.
12. On and after the date this Order is deemed to be a
QDRO, but before the Alternate Payee receives her distribution
under the Plan, the Alternate Payee shall be entitled to all of
the rights and election privileges that are afforded to active
participants, including, but not limited to, the rules regarding
withdrawals and distributions and the right to direct her Plan
investments to the extent permitted under the Plan.
13. All payments made pursuant to this Order shall be
conditioned on the certification by the Alternate Payee and the
Participant to the Plan Administrator of such information as the
Plan Administrator may reasonably require from such parties.
14. It is the intention of the parties that this QDRO
continue to qualify as a QDRO under Code S414(p), as it may be
amended from time to time.
15. In the event that the Plan Trustee inadvertently pays
to the Participant any benefits that are assigned to the
Alternate Payee pursuant to the terms of this Order, the
Participant shall immediately reimburse the Alternate Payee to
2
"
the extent that he has received such benefit payments and shall
forthwith pay such amount so received directly to the Alternate
Payee within ten (10) days of receipt.
16. After payment of the amount required by this QDRO, the
Alternate payee shall have no further claim against the
Participant's interest in the Plan.
17. The Alternate Payee assumes sole responsibility for the
tax consequences of the distribution under this QDRO.
18. until the Plan completes payment of all benefits
pursuant to this QDRO, the Plan shall treat the Alternate Payee
as a surviving spouse for purposes of Code SS401(a) (11) and 417,
but the Alternate Payee shall receive, as surviving spouse, only
the amount described in Paragraph 7 of this QDRO. The sole
purpose of this paragraph 18 is to ensure payment to the
Alternate payes in case of Participant's death prior to payment
by the Plan of the amount described in Paragraph 7 of this QDRO.
In case of the Alternate payee's death prior to payment by the
Plan of all benefits pursuant to this QDRO, the Plan shall pay
the remaining benefits under this QDRO to the estate of Kathleen
K. Lopienski.
19. The Plan Administrator promptly shall notify the
participant and the Alternate Payee of the receipt of this QDRO
and shall notify the Participant and the Alternate Payee of the
Plan's procedures for determining the qualified status of this
QDRO. The Plan Administrator shall determine the qualified
status of the QDRO and shall notify the Participant and the
Alternate Payee of the determination within a reasonable period
of time after receipt of this QDRO.
20. The Court retains jurisdiction over this matter as
provided by law.
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BY THE COURT: ,
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CHRIS E. LOPIENSKI,
plaintiff
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
KATHLEEN K. LOPIENSKI,
Defendant
No. 95-3326 CIVIL 1995
DIVORCE
ST:IPULATION POR THB BNTRY OP A
OUAL:IPIBD DOMBSTIC RELATIONS ORDBR
The parties hereto, intending to be legally bound hereby,
stipulate and agree as follows:
1. The Plaintiff in the above-referenced divorce
action is Chris E. Lopienski, an adult individual who currently
resides at 21 Woburn Abbey Avenue, Camp Hill, Cumberland County,
pennsylvania, 17011.
2. The Defendant in the above-captioned divorce
action is Kathleen K. Lopienski, an adult individual who
currently resides at 64 Greenmont Drive, Enola, Cumberland
county, Pennsylvania, 17025.
3. On June 12, 1995 the parties entered into a
Marital Settlement Agreement by which they resolved all issues
attendant to the dissolution of their marriage.
4. The parties' Marital Settlement Agreement provides
for the payment to Defendant Kathleen K. Lopienski the sum of
Thirty Thousand dbllars ($30,000) from Plaintiff Chris E.
Lopienski's Medline Industries, Inc. 401(k) Profit Sharing
Retirement Plan.
5. In order to effectuate the terms of their Marital
Settlement Agreement, the parties retained Harry M. Leister, Jr.,
F.S.A. of
Conrad M. Siegel, Inc. to prepare a Qualified Domestic Relations
Order.
6. Plaintiff Chris E. Lopienski has indicated that
the Qualified Domestic Relations Order in the form drafted by
Mr. Leister is acceptable to the plan administrator.
7. The parties hereby submit the attached Qualified
Domestic Relations Order and respectfully request this Honorable
Court to enter it as an order of court.
IN WITNESS WHEREOF, the parties hereto affix their hands and
seals on the date indicated.
0(-,(
95
c~
DATE
LOPI
q, 1-111)
~/Yl t ~Ml K7A
KATH EN K. LOPIE KI
DATE
v.
'", ~'Ol riCE
0f H, n>nION~TA'"
CIJhU'nLLhO COIJHTY
i't/iN S ~ L'J/.J;~J.
N TIlE COURT OF COMMON PLEAS OF
UMBERLAND COUNTY, PENNSYLVANIA
O. 95-3326 CIVIL 1995 DI~ORCE
(ftJ
HRIS E. LOPIENSKI,
Plaintiff
SEP 7 3 09 PH '95'
ATHLEEN K. LOPIENSKI,
Def endan t
QUALIFIED DOHESTIC RELATIONS ORDER
71~(..
LAW OFPICllS OF
HOWETT, I{ISSINGER & MII.ES. P.C.
no WALNUT STREIT
I'OST OFPICB BOX "'.
HARRISBURO, PSNNSYLVANIA 17108
.-
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI , )
Plaintiff )
) CIVIL TERM ./
v. ) NO. 95-3326
)
KATHLEEN 1(, LOPIENSKI, )
Defendant ) DIVORCE
KATHLEEN 1(. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
Defendant ) CUSTODY
CBRTIPICATB OP SERVICB
I, Patricia A. Hiles, Esquire, counsel for Chris E.
Lopienski in the above-captioned actions, hereby certify that a
true and correct copy of the Rule to Show Cause entered by the
Honorable Edgar B. Bayley on October 20, 1997 scheduling a
hearing for Tuesday, November 25, 1997 at 3:00 p.m. in Courtroom
#2 was served upon Haria P. Cognetti, Esquire, counsel for
Kathleen K. Lopienski, by depositing same in the United States
mail, first class, on October 22, 1997, addressed as follows:
Haria P. Cognetti, Esquire
200 North Third Street
Fulton Bank Building
P.O. Box 689
Harrisburg, PA 17108
Respectfully submitted,
Date:
/0/,)3-/97
I /
~tL",-Jt);hIJJ
Patrici~A. Miles, Esquire
HOWETT, KISSINGER & HILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for
Chris E. Lopienski
N THE COURT OF COMMON PLEAS OF
UMBERLAND COUNTY, PENNSYLVANIA
O. 95-3326 - Divorce
o. 96-2628 - Custody
HRIS E. LOPIENSKI, Plaintiff
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ATHLEEN K. LOPIENSKI, Defendant
ATHLEEN K. LOPIENSKI, Plaintiff
v.
HRIS E. LOPIENSKI, Defendant
CERTIFICATE OF SERVICE
LAw OmCES OP
OWETl'. KISSINGER & MILES, P.C.
, , llO WALNUT STlUlIT '
POST omca BOX 110
HA1uusBURO, PIINNSYLVANlA 171~
.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COYNTY. PENNSYLVANIA
CHRIS E. LOPIENSKI.
Plaintiff
v.
KATHLEEN K. LOPIENSKI.
Defendant
KATHLEEN K. LOPIENSKI,
Plaintiff
v.
CHRIS E, LOPIENSKI.
Defendant
AND NOW. to wit. this
NO. 95-3326 CIVIL TERM
IN DIVORCE
NO. 96-2628 CIVIL TERM
IN CUSTODY
ORDER OF COURT
day of
.1997. upon
consideration of Respondent's Answer to Petition for Contempt. Petitioner's request for
Contempt is hereby DENIED.
BY THE COURT:
J.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E, LOPIENSKI,
Plaintiff
NO, 95-3326 CIVIL TERM /
v,
KATHLEEN K, LOPIENSKI,
Defendant
IN DIVORCE
KATHLEEN K, LOPIENSKI,
Plaintiff
NO. 96-2628 CIVIL TERM
v,
CHRIS E, LOPIENSKI,
Defendant
IN CUSTODY
ANSWER TO PETITION FOR CONTEMPT
AND NOW, comes Kathleen K. Lopienski, by her Attorney, Maria p, Cognetti,
Esquire, and files this Answer to Petition for Contempt and respectfully represents the
following:
I. Admitted.
2. Admitted.
3, Admitted,
4. Admitted,
5. Admitted.
6, Admitted with clarification. In addition. paragraph 8(d)(2) ofthe July I.
1995. amendment to the partie~' Marital Settlement Agreement provides that "the parties
agree to meet and discuss the custodial arrangements at least two weeks prior to the
holiday," Sueh "holiday" specifically includes, in1l:1:lllill. Father's Day and Father's
birthday.
7.
8.
9,
10,
completed his evaluation and is in the process of scheduling 0 conference call with
counsel in order to settle the custody issue, It is further admitted that Mother is seeking
primary physical custody ofthe children. It is specifically denied that Mother is seeking
primary physical custody of the children in order to obtain an increase in child support,
11. Denied, It is specifically denied that Mother hopes to relocate to Arizona
with her boyfriend. It is further specifically denied that Mother or her boyfriend have
done anything to disrupt the custody schedule now in effect. To the contrary, Father has
consistently disrupted the custody schedule which the parties have had in effect for more
than two years,
12. Denied. It is specifically denied that Mother foiled to give Father the
2
Admitted.
Admitted.
Admitted,
Admitted in port and denied in port, It is admitted that Dr. Sheinvold has
requisite three days' notice in order to take the children out of state, Further, the custody
provisions incorporated into the Marital Settlement Agreement require, under paragraph
8(d)(2), that the parties discuss the custodial arrangements lor holidays, sueh as Father's
birthday, at least two weeks prior to the holiday. Father never eontacted Mother about the
custody provisions for his birthday, which was October 12, On Oetober 9, 1996, Mother
telephoned Father to infonn him that she was taking the children to Maryland on
Saturday,Oetober 12, therefore giving him the requisite three days' notice, It was during
that telephone conversation that Father requested to see the children on his birthday.
Mother then changed her plans for Saturday, October 12, in order to allow the children to
spend part ofthe day with Father. The parties agreed that Father would pick up the
children at 9:00 a.m. and return them at I :00 p.m. on October 12. When Father returned
the children to Mother on Friday evening, October II, he threatened Mother that when he
picked up the ehildren on Saturday morning that he would not return them until 7:00 p,m,
Because ofthis threat, Mother did not allow Father to take the children on Saturday.
Mother returned from Maryland at approximately 6:00 p.m. on Saturday, October 12, at
which time the children called Father to spend Saturday evening with him, He did not
respond to their call until the next day.
13. Denied, To the eontrary, Father never requested to see his son, Benjamin,
on his birthday (January 20). Father contacted Mother on July 20 to request to see
3
, .
Gregory on his birthday (July 24), again in deliance of the requiremcnt that they discuss
these arrangements two weeks prior to the birthday. By this time Gregory had already
made plans for his birthday: he was schcduled to attend summcr camp from 8:30 a.m. to
II :00 a,m" had made plans to go shopping with his grandmother from 2:00 p.m. to 4:00
p.m., and had made plans for dinner with Mother, Mother indicated to Father that he
could see Gregory from II :00 a.m. to I :00 p.m., or from 7:00 p.m. to 9:00 p.m., but
Father was unwilling to accept those timcs. Father again contacted Mother on July 21 and
threatened to take her to court. He thcn spoke with Gregory and beeame irate, eausing
Gregory to become very scared and upset. Gregory then ended the telephone
conversation, On July 22, Father again contacted Mother and indicated that he would
agree to see Gregory from II :00 a,m. to I :00 p.m. on his birthday. Father did spend that
time with Gregory. In addition, Mother called Father more than two weeks in advance in
order to arrange to see Jonathon on his birthday (February 8). At that time, Father
infonned Mother that he was taking the children to Ohio, but that she could come to his
house and have breakfast with Jonathon at Father's house. Mother did not accept this
invitation, and made other arrangements with Jonathon to celebrate his birthday. Father
never took the children to Ohio.
14. Denied. It is specifically denied that Father contacted Mother two weeks in
advance to make arrangements for his birthday. In fact. he left a message on Mother's
4
answering machine one and one.halfwceks prior to his birthday stating that he was going
to pick up the children at 9:00 a.m. In that message, he did not indicate at what time he
would return the children, Mother then called and left a message on Father's answering
machine stating that he could spend the day with the children, but that the children would
have to be returned by 5:00 p.m, because they had school and day care the next day.
Father then told Mother he would not return them until 8:00 p,m. On October 10, Mother
left another message on Father's answering machine stating that the children would have
to be returned by 5:00 p.m. or they would not go with him. Father never returned the call
to Mother, and Mother assumed that he was not willing to abide by the 5:00 p,m. return
time. At no time did Mother tell the children or lead them to believe that Father did not
want to spend time with them.
IS, Denied. It is specifically denied that Mother disregards the custody
schedule, To the contrary, it is Father's blatant disregard of the provisions ofthe
Agreement that has caused the problem with maintaining a cordial relationship.
16. Denied. It is specifically denied that Mother has caused any conflict or
disruption that is harmful to the parties' children. To the contrary, Father has consistently
caused conflicts, including but not limited to, failing to give the children their medication
on a regular basis; filling prescriptions and not giving Mother the medication; failing to
take the children on a regular basis to their appointments with Dr, Delerme; failing to
5
require the children wear helmets when riding their bicycles; and failing for a period of
approximately one and one-halfmonths to provide Mother with a telephone number
where she could reach the children. All of these events have caused disruption of the
custody arrangement and have been hannful to the welfare and safety of the children,
17. The truth of this avennent is strictly within the knowledge of the Petitioner
and therefore no answer is required. 11 is admitted that Mother had the ehildren on
Thanksgiving 1996, and that it is Father's turn to have the children for Thanksgiving this
year.
18, Denied. It is specifieally denied that Father had to incur legal expenses in
order to have Mother comply with the custody schedule as set forth in the Marital
Settlement Agreement. To the contrary, Mother has always complied with the custody
schedule; it is Father who has violated that schedule.
WHEREFORE, Respondent respectfully requests this Honorable Court deny
Petitioner's Petition for Contempt.
Dated: November 19,1997
Respectfully
I~
Maria P. ogn . Esquire
Sup, Ct. 1.0. #27914
200 North Third Street
Twelfth Floor
P.O, Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
6
VERIFICATION
I, Kathleen K, Lopienski . hereby verify and state that the facts set forth in the
foregoing document are true and correct to the best of my information. knowledge and
belief. I understand that false statements herein are made subject to the penalties of 18
Pa. C.S,A. ~4904 relating to unsworn verification to authorities.
~ On" ~.
Kathleen K. Lopienski
,
~"iuIOL'
DATE: /I /'''1N7
I"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
plaintiff )
)
v. ) NO. 95-3326 CIVIL TERM
)
KATHLEEN K. LOPIENSKI, )
Defendant ) DIVORCE
KATHLEEN K. LOPIENSKI, )
1 plaintiff ) /
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
t'efendant ) CUSTODY
ORDER
AND NOW, this:
bl-- day 0; \ )~
,
, 1997, upon
agreement of counsel, the hearing to address Chris E. Lopionski's
Petition for contempt scheduled for November 25, 1997 is hereby
rescheduled to February 9, 1998 at 10:30 a.m. in Courtroom No.2.
,
-'
BY TH.~/COURTi/;/
. /
,#',~
Edgar B. Uayley, J.
..
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.;
,
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):;L~GL I"':> PIW4 L..uu-l::U1-'j Or.e "-Co
OE.C I, /997
-'-..
HOwBTr. KIsalNOn.a 'U'n.-.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff )
) CIVIL TERM /'
v. ) NO. 95-3326
)
KATHLEEN K. LOPIENSKI, )
Defendant ) DIVORCE
KATHLEEN K. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
Defendant ) CUSTODY
ORDER
AND NOW, this
hl- day 0; \ )~
,
, 1997, upon
agreement of counsel, the hearing to address Chris E. Lopienski's
Petition for Contempt scheduled for November 25, 1997 is hereby
rescheduled to February 9, 1998 at 10:30 a.m. in Courtroom No.2.
I
BY THE ,COURT; / /
../ /
\-?l..~
Edgar B. Bayley, J.
"OO_:''Z_.",' , ~",'
@)
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW DIVORCE 95-3326
LAW IN CUSTODY 96-2628
CHRIS E. LOPIENSKI,
Plaintiff
ORDER
V.
KATHLEEN K. LOPIENSKI,
Defendant
KATHLEEN K. LOPIENSKI,
Plaintiff
V.
Defendant
LAw OmCBS OP
KoWEn-. KISSINGER & MILES. p.e.
no WALNUT STl\BBT
I'OST omCB BOX 110
HAIuIlS8URO, PBNNSYLVANIA 17108
.
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1I0W.~TT, KISSING.~n & MII.ES, He.
Ill' WAI-NUT STUl:I:T
l'osT OUll'1: nux Hill
IIAlUU"11I1IUl.I'I,~~"n\'^NI" 17h'H
JllIINI"II11Wnl;J1I,
l1tlNAI U"J: KISSINliI:1l
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l~INU\' S, CONU~\'
(7171l ''',If,1I1
1'^XI71711H,Hlll
IIWM M, NIIIMI'.
J."A.lIAnhl.lnl
November 25, 1997
The Honorable Edgar B. Bayley
CUMBERLAND COUNTY COURTHOUSE
1 Courthouse Square
Carlisle, PA 17013-3387
Re: Lopienski v. Lopienski
No. 95-3326 - Divorce
No. 96-2628 - custodv
Dear Judge Bayley:
Enclosed for your signature please find a
scheduling order which continues the hearing scheduled
in the above-referenced case for November 25, 1997 to
February 9, 1998 at 10:30 a.m. As my office discussed
with your secretary on this date, the parties are
extremely close to settling the entire custody matter.
Accordingly, I hope to inform you in the near future
that the case has been settled and that the February 9,
1998 hearing is likewise not necessary.
Thank you for your patience in this matter.
Sincerely, J \
'fl: ' ." / I,~ .-
,"t --1"'-1 . .....:' _ .' ~ .' .. -
it/vv ('~/...J",./' , . '...." f
Patricia A. M{les
PAH/tlm
Enclosure
cc: Maria P. cognetti, Esquire, w/enc.
Chris E. Lopienski, w/enc.
~. :.k;"~C""" ,..
lAW nil In, 01'
1I0WtJTT. KISSINGtJll & MII.tJS, He.
1 h' W,\I.NUT STUrl:'"
I'lHiT OITll'!; !lnx Hill
IIMUH"'lItIIW.I'I-N~"n\'ASIA 171l'H
JUliN C, 1I00\'IiH, Ill,
IHlNALU T. I\ISSINlil:Jt
IWlUll'lA t\. MIHS
1'lNIlY s, l'UNU,y
UliUl\A M. SIllMI~
l.ellillAulll.1lI1
(717):'-4.Z',!f1
IIAX UI7111".HOZ
November 25, 1997
Lawrence E. Welker, Prothonotary
CUMBERLAND COUNTY COURTHOUSE
1 Courthouse Square
Carlisle, PA 17013
Re: Lopienski v. Lopienski
No. 95-3326 - Divorce
No. 96-2628 - Custodv
Dear Mr. Welker:
Enclosed please find an original and five copies
of a scheduling order for Judge Bayley's signature.
Kindly return one conformed, time-stamped copy of the
Order to Attorney Cognetti and the remaining conformed,
time-stamped copies to this office. I have provided a
self-addressed stamped envelope for each office.
Thank you for your assistance and courtesies in
this matter.
Sincerely, ,
~~~V~)7~tw
Patricia A. ~~s
PAM/tlm
Enclosures
cc: Maria P. Cognetti, Esquire, w/enc.
Chris E. Lopienski, w/enc.
<I
...~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff )
) CIVIL TERM /
v. ) NO. 95-3326
)
KATHLEEN K. LOPIENSKI, )
Defenclant ) DIVORCE
KATHLEEN K. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
Defendant ) CUSTODY
RULB TO SHOW CAUSB
AND NOW, this :6~). day of (~c'r/'t~l
, 1997, upon
consideration of Chris E. Lopienski's Petition for Contempt, a
rule is hereby entered upon Kathleen K. Lopienski to show cause,
if any she has, why the relief requested should not be granted. ~
Ctl,:r Au",\( u.' (('(,( ("'",'ial' <('.-/ d'A ',~,L~_"'J'<,j/lI/
Rule returnable lR \ll'itiftlj ~)1thiri twen~s af t-be-date (/
'-1f'1"C-hLOtl ,,,.? 5 / 9'7,/ cl ( :i 00 /J /J.., ,_" C/'uc( l ,,~"'c ,/lfJ. ~
f~Ci-51t "bo"" writt:9n.
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4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff )
)
v. )
)
KATHLEEN K. LOPIENSKI, )
Defendant )
KATHLEEN K. LOPIENSKI, )
Plaintiff )
)
v. )
)
CHRIS E. LOPIENSKI, )
Defendant )
NO. 95-3326 CIVIL TERM
DIVORCE
NO. 96-2628 CIVIL TERM
CUSTODY
PBTITION POR CONTBMPT
Chris E. Lopienski, by and through his counsel, Howett,
Kissinger & Miles, P.C., hereby files this Petition for Contempt
against Kathleen K. Lopienski and in support thereof respectfully
avers as follows:
1. Petitioner is Chris E. Lopienski (hereinafter
referred to as "Father"), plaintiff in the above-captioned
divorce action and defendant in the above-captioned custody
action, who currently resides at 6115 Stephens crossing,
Mechanicsburg, CUmberland county, Pennsylvania.
2. Respondent is Kathleen K. Lopienski (hereinafter
referred to as "Mother"), defendant in the above-captioned
divorce action and plaintiff in the above-captioned custody
action, who currently resides at 64 Greenmont Drive, Enola,
Cumberland County, Pennsylvania.
*'
. .
3. The parties are the natural parents of the
following minor children:
twm
DATE OF BIRTH
February 8, 1984
July 24, 1986
January 20, 1991
Jonathon Joseph Lopienski
Gregory Scott Lopienski
Benjamin Michael Lopienski
4. Since in or about July 1995, the parties have
shared equal physical custody of the children with the children
living with each parent on an alternating week basis.
5. The parties formerly were husband and wife having
been divorced by a decree entered by the Honorable Edgar B.
Bayley on September 26, 1995. The divorce decree specifically
incorporated the parties' Marital Settlement Agreement dated June
12, 1995, a copy of which is attached hereto as Exhibit "A" and
is incorporated herein by reference thereto.
6. The parties' June 12, 1995 Marital Settlement
Agreement was amended on July 1, 1995, prior to the entry of the
divorce decree, and addresses the issue of the custodial
arrangements for the parties' children. Paragraph 8(d)(2) of the
parties' agreement, as amended, provides, inter AliA, that the
children will spend Father's Day and Husband's birthday with
Father; that Thanksgiving, Christmas and Easter will be
alternated or split and that the parties will share the
children's birthdays.
7. At the time the parties divorced, no separate
custody action was initiated and the parties began operating
under the custody terms of the Marital Settlement Agreement
2
~
.
incorporated into the divorce decree with the force and effect of
an order.
8. In the spring of 1996, Mother retained counsel and
initiated a custody action at the above term and number seeking
primary physical custody of the parties' three children.
9. A conciliation was held on July 24, 1996 before
Michael L. Bangs, Esquire, custody conciliator, which was
attended by both part.ies and their counsel. At the conference,
the parties agreed to submit themselves and the children to a
custody evaluation to be performed by Arnold Shienvold, Ph.D.
That agreement was incorporated into an order dated August 6,
1996 entered by Judge Bayley. The August 6, 1996 order (the only
order issued in the custody case which does not relate to
scheduling) did not change the custodial arrangements set forth
in the parties' incorporated Marital Settlement Agreement under
which the parties continued to operate.
10. Dr. Shienvold has completed his evaluation and is
in the process of scheduling a conference call with counsel for
the parties in the hope that the long-term physical custody
arrangement for the children may be settled by agreement of the
parties. Mother, however, since initiating the custody action,
has not wavered from her position that she should have primary
physical custody of the children and with it an increase in child
support. In fact, Mother filed a petition for an increase in
child support at the same time she filed her custody action but,
as the custody action was not resolved at the time the support
3
.
.
...
conference was held, she withdrew her support position stating
that she had assumed she would have primary custody by the time
the support conference was held.
11. Also since initiating the custody action, Mother,
with the help and support of her live-in boyfriend whom she met
on the internet and with whom she hopes to relocate to his native
Arizona, has done everything possible to disrupt the custody
schedule which has been in effect for more than two years now.
12. Last year on Father's birthday, October 12, 1996,
Mother refused to allow Father to have custody of the children as
set forth in the custody provisions of the incorporated Marital
Settlement Agreement, and, in fact, took them out-of-state for
the day in spite of the fact that the parties' agreement requires
three day notification for either party to take the children out-
of-state.
13. Although the parties' agreement provides that they
will share custody of the children on the children's birthdays,
Mother's idea of sharing was to offer Father the opportunity to
see his son for one-half hour on the child's birthday.
14. On Father's birthday this year, October 12, 1997,
Mother again made the children unavailable to Father. Father had
contacted Mother two weeks in advance and had arranged to pick
the boys up at 9:00 a.m. on his birthday to attend the
Renaissance Faire and other activities. When Father arrived at
the appointed time, however, no one was home and the boys later
told Father that Mother told them he simply had changed his mind
4
,P i __..___
,
~
.
about picking the children up. The children, understandably,
were quite disappointed and were led by Mother to believe Father
simply did not want to see them.
15. Father had hoped that the custody action would
have been reeolved long ago and therefore did not file any
contempt action earlier in the hopes of maintaining a cordial
relationship in the best interests of the children. However, it
now appears that his forbearance is being interpreted by Mother
as license to disregard the schedule and keep the children from
Father as she wishes.
16. The type of conflict and disruption caused by
Mother's actions is ultimately most harmful to the parties'
children.
17. with the upcoming holidays and the lack of a
specific time frame for sharing Thanksgiving, Father fears that
Mother again will keep the children from him. Mother had the
children on Thanksgiving 1996 and thus they should spend
Thanksgiving with Father this year.
18. Father has incurred unnecessary legal costs and
expenses in his efforts to have Mother comply with the decree
incorporated custody schedule.
For the reasons set forth herein, Petitioner Chris E.
Lopienski respectfully requests this Honorable Court to enter an
order:
5
, ,
,,--
~
1.
HOlding Respondent Kathleen K. Lopienski in
contempt of the custody provisions of the decree incorporated
Marital Settlement Aqreement, as amended;
2. Awarding him counsel fees, costs and expenses in
the amount of $5007
3. Directing that Father have custody of the children
on Thanksgiving from Wednesday, November 26, 1997 at 5:00 p.m.
until Thursday, November 27, 1997 at 8:00 p.m.7 and
4. Requiring any other relief this Honorable Court
deems to be necessary.
Date:
/0 /;~ If1
, /
Respectfully submitted,
'YitUUIt W }~
Patricia A./Miles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for
Chris E. Lopienski
6
, -'
...
.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 95-3326 CIVIL TERM
)
KATHLEEN K. LOPIENSKI, )
Defendant ) DIVORCE
KATHLEEN K. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
Defendant ) CUSTODY
CBRTIPICATB OP SERVICB
I, Patricia A. Miles, Esquire, counsel for Chris E.
Lopienski, in the above-captioned action, hereby certify that a
true and correct copy of the foregoing Petition for contempt was
served upon Maria P. Cognetti, Esquire, counsel for Kathleen K.
Lopienski, by depositing same in the United States mail, first
class, on October 16, 1997, addressed as follows:
Maria P. Cognetti, Esquire
200 North Third Street
Fulton Bank Building
P.O. Box 689
HarriSburg, PA 17108
Date:
/b/I,,/97
f f
Respectfully submitted,
'--tIt6UO.A )if /k(U
Patricia A. Miles, Esquire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for
Chris E. Lopienski
I, Chris E. Lopienski, hereby swear and affirm that the
facts contained in the foregoing Petition for Contempt are true
and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. 54904
relating to unsworn falsification to authorities.
Date: 10.1(".17 c:...l..."" A~
CHRIS E. ~PIENSKI ~
.
VERIFICATION
,
r
. .
.
ADDENDUM TO JUNE 12, 1115
MARITAL SETTLEMENT AGREBMENT
'"
BY AND BETWEEN
CHRIS B. LOPIENSKI
AND
KATHLBEN K. LOPIENSKI
I
EXHIBIT
A
, !
~
.
~
lWIll1NilllIL'!'O ->l!!l:llLu._ll!n
MA1U'l'AL t1t:'l"l'Lt:Mt:tlT AGREt:MEtl'r
1995 to the Marital Setth,ment
I ~ I I
day of : \ " '1
Agrf:lement dated June 12,
1995 by
'l'hili Addendum is made this
and between Chris E. Lopienski of Cumberland county, Pf:lllllsyl\.ania
(hereinafter referred to as "Husband"), and Kathleen K. Lopienski
of Cumberland county, Pennsylvania (hereinafter referred to as
"Wife").
WITNESSE'rH:
WHEREAS, the parties l\l~reto ent.nud into a Marital
Settlement Agreement dated June 12, 1995, whiuh is attached
hereto as Exhibit "A" and is incorporated herein by referenct:
thereto, by which they s~ttled fully and finally their respective
financial and property rights and obligations as between each
other, including the settling of all mattera between them
relating to the ownerShip of real and personal property, the
support and maintenance of one another and of their children, and
in general, the settling of any an all claims and possible claims
by one against the other or against their respective estates or
arising out of their marriage; and
WHEREAS, the parties desire to alllend by this Addendum the
Marital Settlement Agreement of June 12, 1995.
NOW THEREFORE, in consideration of these premises, and of
the mutual promisefr, covenants, and undertakings hereinafter set
forth, and ~r other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
.
I
piil'ti..u IIUL'..to, lIuuLJulI.J ull.J IHtu, uuell llllulI.JilllJ tu LJu i"\Juil,/
bound lI..n.by, eUVUlldlll dll.J d\Jl'UU dtl tuiiuwtI:
1. IJUL"u'Jl'upll 8 ot tllu JUlie 12, l!J\H; Madta1
Settlement Ayreumellt itl umundud tu inciude tllu tullowing at Ihe
end of subparagraph ll(d) 1.lvinq Arnu1gements.:
~'ollowing mediation with Ms. Emerick, the
parties have agreed as follows as regards
custodial arrangements:
(1) visitation shall be entered into
gradually, with the children staying with
each parent for one week and then returning
to the other parent tor one week. All
children will remain together during these
custodial periods. Each parent will be in
charge of day-to-day ducitliontl when the
childL'en retlide with that parent. Both
parties agree that they would like to remain
flexible as to whun d week bugins and ends.
(2) '1'he children will spend Mother's Day and
Wife's birthday with Wife and ~'ather's Day
and Husband's birthday with Husband.
Custodial periods with each parent will be
alternated or split on 'l'hanksgiving,
Christmas and Easter. '1'he parties agree to
meet and discutls the custodial arrangements
at leatlt two weeks prior to the holiday. The
parties altlo agree that they desire to share
the children'tI birthdays when potlsible and
that thuy will muet und discuss prior to
making any plans tor a Clliid's birthday.
(3) Each party tlhall have the right to take
the childnm on vilcatiulls with notification
to the othel' ot how they may be reached. The
parties agree that they will allow sufficient
notification time to the other to plan for
vacation periods.
(4) Each pal"ty agrees to notify the other at
least three days in advance of any intention
to take any of the children out of state.
Each party shall give the other parent a
telephone number wllt~re the children can be
contacted.
""
2
.
.
.
2. 'I'll.. tiniL tiuIIL..II~" ul bUt.IJ"l'''"jl''l'h !JI") ot L1u'
JUIII! 12, 1!J!J!> M<Jl'iLdl ti..LLI..m..IIL Aljl....lIluIIL, uUdlilllj wiLli periodic
child SUPP01.t PaYllltllltS, is l'I!IWinued and is l'llpldced with the,
following: "Commencing upon Wife's rl;!location to her new
residence, Husband shall pay, directly to Wife, the sum of One
Thousand One Hundl'tlU lJollars 1$1, IUU) per month tor the suppurt
of the parties' three children.
3. Pilrayraph 9 of tllll June 12, 1995 Marital
(f) Activities. Camps. Special Trios. The
cost of activities, camps, and trips for the
children which the partil;!s have mutually agreed
upon will be apportioned between the parties with
Husband to pay two-thirds of such costs and Wife
to pay ontl-third of such costs. Activities that
are not mutually agreed upon will be considered
the sole l'esponsibility clnd cost of the parent who
desires to enroll the child in such an activity.
(g) Clothinq and Athletic Shoes. 'rhe
parties agree that Wife shall be rtlsponsible for
the purchase ot ill! of the children's clothing and
Husband will be responsible for the purchase of
all of the children's athletic shoes.
Settlement Agreement is amended to include the following
provisions:
4. The parties specifically agree that in all other
respects not addressed by this Addendum, the June 12, 1995
Marital Settlement Agreement shall remain in full force and
effect and shall remain legally binding upon both parties.
IN WITNESS WHEREOf', the parties hereto have set their hands
and seals to the three (3) counterparts of this Addendum, each of
which shall constitute an original, the day ilnd year first
written above.
I '
, ,1,1 "
I" ".
, , ,
. I' ( , . . -' I ,.. 't ! . . ; I \ .~
KATHLEEN K. I.OPIEIlSKI, WIFE
WITNESS
''''
(, '(3L\'"
CrIRI~ E.
,
~ . I . I
,.J., .
WITNESS
l.OPIEN
3
COMMONWEAL'l'lI 0.' l'I::UUti~ LVAIHA
. .
COUNTY OF ( ,'," ,.". ,I . II
..
)
)
)
BE.'ORE ME, the undersigned authority, 'on this day personally
appeared KATHLEEN 1<. LOPIENSI<I, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that she executed same for the purposes and considerations
therein expressed.
/ ~
l.
IIAND AND SEAL OF O.'FICE this
GIVEN UNDER Mil
J", I
, 1995.
'...
day of
)/ II A (. I I
N tary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
, ",( ~
My
commiSSi[-AYPI~eal
11IHAtilAL SEAl
AlltflH II '1.1,111, ",'1.111 PlIllII,;
Clo;lj. 1M t'UlIII~:JIIIIItJ CUliil11
'.t~ 1.1tIIUIII..II:,1l f'j:llc~ MJuh ti I~~J
_. - -"_0- ... ._...__._ ....__. ___.
4
..
COMMONWEAL'I'1I O~. l'ENNSY l,VAIUA )
I )
COUN'I'Y OF I ,1/, ~ ',< I " . II )
BEFORE ME, the undersigned authority, on this day personally
appeared CIIRIS E. LOl'IENSKI, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that he executed same tor the purl'oses and considerations therein
expressed.
/~/
UNDER MY llANO AND SEAL O~' O~'~'ICE this . day ot
'"
, 1995.
, I J
I . ' . I
J(J (. (. / .r) ~ :1/-,..
, It. ... \ (. . i . I t," r
No ary Public in and for
Commonwealth of Pennsylvania
Typed 01' printed name of Notary:
--.' ----I
M i i A I" . - -
y comm ss 01 axe rEI"'" I' . ',' ,',,11..
jffl !ll'" . l.
I..i." d.;1 (1Il1l1.-,I,lllll .uuuli
f.~'t:,.llllil,..I(llli'l,hr,;:;',\JIIJI6.11;f~
____.:_ ..' pO_O'__ ._.~--_.-
5
..
MARITAL SE~rLEMENT AGREEMENT
BY AND BE'rWEEN
CHRIS E. LOPIENSKI
AND
KATHLEEN K. LOPIENSKI
"
EXHIBIT
I
A
..
'l'AB1,~: O~. nl/l'n;ll'I'S
HEADING
~
1.
2.
3.
ADVICE OF COUNSEL
UISCLOSURE OF ASSETS
PERSONAL RIGIl'fS
2
3
5
5
4.
MUTUAL CONSENT DIVORCE
5.
EQUITABLE DISTRIBUTION
(a) Marital Residence
(b) Lump sum to Wife
(c) contents of Marital Residence
and personal property
(d) Motor Vehicles
(e) pension/Retirement Funds
6
6
8
8
9
10
(f) Cash Accounts and other Funds
11
(g) Life Insurance
(h) Miscellaneous property
(i) property to Wife
(j) property to Ilusband
(k) Assumption of Liabilities
(1) Liability Not Listed
(m) Indemnification of Wife
(n) Indemnification of Ilusband
(0) Warranty as to Future Obligations
12
12
12
13
13
14
14
15
15
6.
WAIVER OF ALUlOllY
16
7.
HEAL'l'1l INSURAllCE FOR WH'E
16
,.
i
.
'l'Abl.t:: of COll'l't:Il'I'1;j ( CUllt 11l\l~dl
HEADING
8 . CUSTODY
(a) Shared Legal and Physical custody
(b) Emergencies
(c) Access to Records
(d) Living Arrangements
9. CHILD SUPPORT
(a) periodic Payments
(b) Medical Insurance for Children
(c) Unreimbursed Expenses
(d) Child Care and Private School Costs
(e) Security
10. COUNSEL FEES
11. EXEMPTIONS FOR CHILDREN
12. WAIVER OF BENEFICIARY OESIG/lA'l'lONS
13. WAIVER OF INHERITANCE RIGHTS
14. RELEASE OF CLAIMS
15. PRESERVATION OF RECORDS
16. MODIFICATION
17. SEVERABILITY
18. BREACH
19. WAIVER OF BREACH
20. NOTICE
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'l'Abl.t: O~' COII'I'~;II'I'S I COI,ti JIll 'Hit
IIEAIHNG
21. APPLICABLE J~W
22. AGREEMENT BINDING Oil PARTIES AND HEIRS
23. ENTIRE AGREEMENT
24. PRIOR AGREEMENTS
25. INCORPORATION 0.' EXIII BITS
26. MUTUAL COOPERATION
27. DATE OF EXECUTION
28. EFFECTIVE DATE
29. AGREEMENT NOT TO BE MERGED
30. EFFECT OF RECONCILIATION OR
RECONCILIATION ATrEMPT
31. HEADINGS NOT PART OF AGREEMENT
32. COUNTERPARTS
EXHIBIT "A"
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EAmi
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32
.
HARlTAL S~TTL~M~NT AOR~EMEN~
THIS AGREEMENT is made this 12th day of June, 1995, by and
between KATHLEEN K. LOPIENSKI of Cumberland County, Pennsylvania,
(hereinafter referred to as "Wife"), and CIlRIS E. LOPIENSKIof
Cumberland cpunty, Pennsylvania, (hereinafter referred to as
"Husband"),
WITNESSE'rH:
WHEREAS, Kathleen K. Lopienski, social security number 217-
72-4229, was born on July 17, 1960, and currently resides at 21
Woburn Abbey Avenue, camp 11111, Cumberland County, Pennsylvania,
17011.
WHEREAS, Chris E. Lopienski, social security number 281-66-
6944, was born on October 12, 1958, and currently resides at 21
Woburn Abbey Avenue, Camp lIill, Cumberland County, Pennsylvania,
17011.
WHEREAS, the parties hereto are husband and wife, having
been lawfully married on June 18, 1983, in Akron, Ohio, and are
the parents of the following minor children:
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Jonathon Joseph Lopienski
Gregory Scott Lopienski
Benjamin Michael Lopienski
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WHEREAS, the parties hereto are desirous of settling fully
and finally their respective financial and property rights and
'"
obligations as between each other, inCluding, without limitation,
1
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the settl ing of ull llIc1ttUl"I. lJutween lh~m relcllin\l to th~
ownership of real und personal property, the support und
maintenance of one another and of their children, and in general,
the settling of any and all claims and possible claims by one
against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of
the mutual promises, covenants, and undertakings hereinafter set
forth, and for other good and valuable consideration, receipt and
sufficiency of which is hereby acknowledged by each of the
parties hereto, lIusband and Wife, each intending to be legally
bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEr.. 'l'he provisions of this
Agreement and their legal effect have been fully explained to
Husband by his counsel, patricia A. Miles, Esquire. Wife has
been given the opportunity to obtain independent legal counsel,
and she has been advised to do so. Wife has been given the
opportunity to obtain such advice in advance of the date set
forth above to'.permit independent review by counsel of her own'
selection. Wife has elected to execute this Agreement without
the advice of counsel and she specifically and knowingly waives
her right, if any, to utilize her lack of legal representation as
a basis to attack the validity of this Agreement. Each party
acknowledges that he or she has had the opportunity to receive
independent legal counsel of his or her selection, and that each
fully understands the facts and his or her legal rights and
'"
obligations, and each party acknowledges and accepts that this
2
Agreelllent iii, in the UiI:UUllllit"nUeti, t"il: "llli e'-juit"ble, and that
it is being entered into freely .\11.1 vOluntarily, and that
execution of thili Agreement is not the reliult of any duress or
undue influence, and that it is not the result of any improper or
illegal agreement or agreements. In addition, each party hereby
acknowledges that he or she is aware of the impact of the
Pennsylvania Divorce code, 23 Pa.C.S.A. S3101, ~. ~., whereby
the court has the right and duty to determine all marital rights
of the parties including divorce, alimony, alimony Dendente ~,
equitable distribution of all marital property or property owned
or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, and being fully advised
of his or her rights thereunder, each party hereto still desires
to execute this Agreement acknowledging that the terms and
conditions set forth herein are fair, just and equitable to each
of the parties and waives his and her respective right to have
the Court of Common Pleas of Cumberland county, or any other
court of competent jurisdiction, make any determination or order
affecting the respective parties' rights to alimony, alimony
pendente ~, equitable distribution of all marital property,
counsel fees and costs of litigation, or any other right arising
from the parties' marriage.
2. orscr.OSllRE OF' ASSE'l'S. Each of the parties hereto
acknowledges that he or she is aware of his or her right to
engage in discovery, including but not limited to, wl-itten
"
interrogatories, motions for production of documents, the taking
3
of oral depositiontl, th~ filin,:! ot invenllJL'idtl, and all other
means of discoveL"y permitted under the Penm;ylvania Divorce Code
or the Pennsylvania Rules of civil procedure and each of the
parties specifically waives his or her right to engage in such
discovery. Each of the parties further acknowledges that he or
she is aware'of, and specifically waives, his or her right to
have the real and/or personal property, estate and assets,
earnings and income of the other assessed or evaluated by the
courts of this commonwealth or any other court of competent
jurisdiction. The respective parties do hereby acknowledge,
recognize and accept that there has been full and fair disclosure
to the other of his or her income, assets and liabilities, and
each party agrees that any right to further disclosure,
valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make
or append hereto any further enumeration or statement. The
parties hereby acknowledge and agree that the division of the
marital assets as set forth in this Agreement is considered fair,
reasonable and equitable, and is satisfactory to them. Each of
the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the
other party or his or her heirs, executors, administrators or
assigns in any action of contention, direct or indirect, and
allege therein that there was a denial of any rights to full
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disclosure, or that there was any fraud, duress, undue influence,
4
010 that then! wati a tailul'l! to have availuLlo tull, proper and
independent loepretientation by legal countiel.
3. PERSOllAI, RTGII'I'S. lIusband and Wife may, at all
times hereafter, live separate and apart. Each shall be free
from all control, retitraint, interference and authority, direct
or indirect,' by the other in all respects as fully as if he or
she were unmarried. Each party may reside at such place or
places as he or she may select and with whomever he or she may
choose. Each may, for his or her separate use or benefit,
conduct, carryon or engage in any business, occupation,
profession or employment which to him or her may seem advisable.
This provision shall not be taken, however, to be an admission on
the part of either Husband or Wife of the lawfulness of the cause
which led to, or resulted in, the continuation of their living
apart. Husband and Wife shall not molest, hal"aSS or disturb each
other or the respective families of each other, nor compel or
5
attempt to compel the other to cohabit or dwell by any means or
in any manner whatsoever with him or her. Neither party will
interfere with the use, ownership, enjoyment or disposition of
any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. If either party initiates
an action in divorce, lIusband and Wife agree that the grounds
shall be limited to the no-fault grounds provided by the Divorce
Code. The parties further agree that in any such divorce action,
the claims shall be limited to divorce only, all other ancillary
"-
economic issues attendant to the dissolution of their marriage
having bean fully allli filially l'esolvtld Ly tha provisiullll of this
Agreement. The parties also agrtle that if either of them
initiates an action for divorce, upon the expiration of the
ninety (90) day waiting period provided under the no-fault
section of the Divorce Code, each will execute an Affidavit of
Consent to divorce. said affidavits shall be transmitted to
counsel for the party who initiated the action and that
individual promptly shall file the praecipe to Transmit Record,
Vital statistics Form and any other documents necessary to
precipitate the prompt entry of an uncontested no-fault divorce
decree.
5. EOUITABLE OrS1'RIBU'I'ION.
(a) Marital Residence. The parties acknowledge
that they are the owners of that certain house and lot and all
improvements thereupon situated at 21 Woburn Abbey Avenue, Camp
Hill, Cumberland County, Pennsylvania, 17011 (the "Marital
Residence"). The parties agree as follows with respect to the
Marital Residence:
(1) On the date of execution of this
Agreement, Husband and Wife shall deliver to Husband an
appropriate deed, to be prepared by Husband's counsel, conveying
to Husband all of the parties' right, title, claim and interest
in and to the l1arital Residence. 'I'hereafter, Husband shall be
the sole owner of the Marital Residence and shall be permitted to
record said deed and take any other action with respect thereto
"
that he deems appropriate.
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(2) Witd aynn'l> that al> or the date of
execution of thia Agreement, any and all homeownera policies,
title policies, and any other policy of insurance with respect to
the Marital Residence shall be enuorsed to reflect Husband as
sole owner thereof and she further agrees that Husband shall be
entitled to receive any payments now or hereafter due under any
such insurance policy.
(3) Commencing on the execution date of this
Agreement, Husband shall be solely responsible for all costs,
expenses and liabilities associated with or attributable to the
Marital Residence, including the existing mortgage in favor of
Sovereign Bank (Loan No. 96011173), taxes, insurance premiums,
utilities, maintenance and repairs, and Husband shall keep Wife
and her successors, assigns, heirs, executors and administrators
indemnified and held harmless from any liability, cost or
expense, including attorney's fees, which may be incurred in
connection with such liabilities and expenses or resulting from
Wife's ownership interest in the Marital Residence.
(4) Notwithstanding the foregoing, if and in
the event that Husband sells the Marital Residence and settlement
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on such sale occurs on or before December 31, 1995, then Husband
agrees that he shall share equally with Nife any net proceeds
from the sale and the parties agree that they will equally share
any capital gains consequences, and any losses resulting from the
sale. "Net proceeds" shall be defined as the sale price, less
...
\.:-8 outwtumHnlJ lI\uLLyuyu, LaxlJI:I, L'ualtoa:'t> feet> and commissions
ami oOllt.. of 1:111111 iUlll l:IuLtlement.
(lJ) I.llmn Slim to wife. As part of the equitable
dlltribution of tha parties' marital property, Husband agrees
that he .hall pay to Wife a lump sum of Eighteen Thousand Two
lIundnd t'ifty DolllU's ($18,250), within sixty (60) days of the
date of eKooution of this Agreement. The parties agree that the
lump Mum from Husband to Wife is in the nature of property
distribution and is not alimony. Therefore, this sum shall not
be deductible by Husband nor includeable in Wife's income for tax
purposol:I.
(c) Contents of Marital Residence and Personal
ProDortv.
(1) Except as set forth in subparagraph (2)
below, as of the date of execution of this Agreement, Wife sets
over, transfers and aasigns to Husband, all of her right, title,
claim and intereat in and to all of the contents of the Marital
Rosidence, inclUding but not necesaarily limited to all
furniture, furnishings, rugs, carpets, household appliances and
equipment, clothes, jewelry, personalty and other items of
tangible property of whatever nature currently located in the
Marital Residence.
(2) Notwithstanding the foregoing, Husband
agrees that Wife may remove from the Marital Residence and retain
as her sole and separate property the assets set forth on
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EKhibit "A" to this Agreement which is attached hereto and
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inC01"pOrl1ted lun-ein uy J:.Her..nce. wife shall remove the items on
Exhibit "A" from the Marital Residence within sixty (60) days of
the date of execution of this Agreement and shall bear all costs
of transporting said property from the Marital Residence. Any
such items wife fails to remove from the Marital Residence within
sixty (60) days of the date of execution of this Agreement shall
become Husband's sole and separate property.
(d) Motor Vehicles.
(1) Husband agrees that Wife shall retain
possession of and receive as her sole and separate property the
1990 Dodge Caravan van, along with all rights under any insurance
policy thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance
thereon, free of any right, title, claim or interest of Husband.
(2) Wife agrees that Husband shall retain
possession of and receive as his sole and separate property the
1993 Jeep automobile, along with all rights under any insurance
policies thereon and with all responsibility for payment of any
outstanding indebtedness pertaining thereto and insurance
thereon, free of any right, title, claim or interest of Wife.
(3) Wife and Husband agreed to execute,
acknowledge and deliver within thirty (30) days upon request of
the other, any and all instruments or documents necessary to
effectuate the transfer of vehicles pursuant to the terms of this
subparagraph.
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(01) IHte anu IIUtiUallU agn~e that each will
indemnity and hold the other and his or her property harmless
from any liability, cost or expense, including attorneys fees,
incurred in connection with the vehicles awarded to each party by
the terms of this subparagraph.
(e) pension/Retirement Funds.
(1) The parties agree that Wife shall
receive the sum of Thirty Thousand Dollars ($30,000) from
Husband's Medline Industries, Inc. 401K Profit Sharing Plan. The
parties further agree that the transfer of said sum to Wife shall
be effectuated in a manner which does not incur any tax
consequences or penalties, by rollover into an Individual
Retirement Account or separate retirement account of Wife. If
Wife elects to withdraw the funds rather than roll them over to
another plan, she shall be solely responsible for any and all
taxes, penalties, costs and expenseti associated therewith. The
transfer shall be pursuant to a Domestic Relations Order ("DRO")
or Qualified Domestic Relations Order ("QDRO") prepared by
Harry M. Leister, Jr., F.S.A., of Conrad M. siegel, Inc. at
Husband's sole expense. The DRO or QDRO drafted by Mr. Leister
shall be submitted to the court along with a stipulation,
executed by both parties, requesting that it be entered as an
order. Both parties agree to cooperate in effectuating the
transfer of funds pursuant to this subparagraph.
provided
(2) Except and only except as specifically
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in subparagraph (1) above, Wife and Husband each hereby
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specifically releases and waives any and all inLerelit, claim or
right that she or he may have in and to any and all retirement
benefits (including, but not limited to, pension or profit
sharing benefits, deferred compensation plans, 401(k) plans,
individual retirement accounts or other similar benefits) of the
,
other party, specifically to include a waiver of Wife's interest
in the remainder of /lusband's Medline Industries, Inc. 40lK
Profit sharing Plan after the transfer of funds to her pursuant
to subparagraph (1) above, and a waiver of Husband's interest in
Wife's Polyclinic Medical Center Employee Benefit Plan and
specifically to include a waiver of any spousal annuity benefits
and/or beneficiary designations thereunder. The parties agree
that they shall execute any documents pursuant to the Reti~ement
Equity Act or any similar act that may be required from time to
time to accomplish the purpose of this subparagraph.
(f) Cash Accounts and other Funds. The parties
agree that they will divide equally between them the value of the
following accounts:
(1) /lusband's /larris savings Checking
Account No. 20034088;
(2) Joint Dauphin Deposit Checking and
savings Account Nos. 28-81121-6 and the joint accounts will be
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closed;
(3) /lusband's lIarris savings stock;
(4) lIusband's Berger Fund Account No. 43-
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01993926740;
(!)) lIulibillld'li.1 ullUIi fUlld Account /10.
201460220.
In order to effectuate the equal division of the non-cash assets,
the parties agree thitt lIusband shall retain as his sole and
separate property the lIarris savings stock. The parties agree
that Wife shall receive as her sole and separate property the
Janus Fund. The Berger Fund shall be divided between the parties
in a manner which equalizes the value to each party of all of the
assets identified in this subparagraph.
(g) I.i fe Insurance. Except as otherwise
specifically provided herein, Wife and lIusband hereby release and
waive any and all interest, claim, or right that he or she may
have in and to any and all polici~s of life insurance insuring
the life of the other, along with all incidents of ownership
pertaining to same, including calih value, if any.
(h) Miscellaneous Propertv. Any and all property
not specifically addressed herein shall be hereafter 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 each to the other.
(i) Prol1ertv to wife. 'i'he parties agree that
Wife shall own, possess, and enjoy, free from any claim of
lIusband, the property awarded to hel" by the terms of this
Agreement. )'.ulSband hlSreby qultclllimtl. Iltlsigns Ilnd conveys to
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Wife all such pl'op..rty, tuglolthel' with dny illt.ul'dnce policies
covering that propurty, dnd any escruw Clccounts relating tu that
property. This Agruement shall constitute a sufficient bill of
sale to evidence the transfer of any and all rights in such
property from lIusband to Wife.
(j) prooertv to Husband. The parties agreo that
Husband shall own, possess, and enjoy, free from any claim of
Wife, the property aWdrded to him by the terms of this Agreement.
Wife hereby quitclaims, assigns and conveys to Husband all such
property, together with any insurance policies covering that
property, and any et>crow accountt> relClting to that property.
This Agreement shall constitute a sufficient bill of sale to
evidence the transfer of any and all rights in such property from
Wife to Husband.
(k) Assumotion of Liabilities.
(1) Husband agrees that he shall be solely
responsible for all debt he has incurred in his name alone,
including, but not limited to obligations to issuers of credit
cards in his name, and lIusband fUl"ther agrees that he will
indemnify and hold Wife and her property harmless from any
liability, cost or expense, including attorney's fees, associated
with these obligations.
(2) Wife agrees that she shall be solely
responsible for all debt she has incurred in her name alone,
including but not limited to obligations to issuers of credit
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cards in her name, and Wife further agrees that she will
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indemnify and holu lIu,;biUlU dnu hi,; p~'ol'..rly hd~'1lI1e,;.. fl'om uny
liability, cost or expentie, incluuing atlornlly'li file.., associdted
with these obligations.
(3) Unless otherwise provided herein, each
party hereby assumes the debtti, encumbrances, taxes and liens on
all the property each will hold subsequent to the date of this
Agreement, and each party agrees to indemnify and hold harmless
the other party and his or her property from any claim or
liability that the other party will suffer or may be required to
pay because of such debts, encumbrances or liens.
(1) Liabilitv Not I.isted. Each party represents
And warrAnts to the other that he or she has not incurred any
debt, obligation or other liability, other than those described
in this Agreement, on which the other party is or may be liable.
A liability not disclosed in this Agreement will be the sole
responsibility of the party who has incurred or may hereafter
incur it, and each party agrees to pay it as the same shall
become due, and to indemnify and hold the other party and his or
her property harmless from any and all such debts, obligations
and liabilities.
(m) Indemnification of Wife. If any claim,
action or proceeding is hereafter initiated seeking to hold Wife
liable for the debts or obligations assumed by lIusband under this
Agreement, Husband shall, at his sole expense, defend Wife
against any such claim, action or proceeding, whether or not
well-founde~ and indemnify her and her property against any
damagel:l or 1055 l"dt;ultlnlJ thel"eICUIII, inuludin';j, !Jut not limited
to, costs of court and attocneY'l:I tees inuun"ed by Wife in
connection therewith.
(n) Indemnification of lIusband. If any claim,
action or proceeding is hereafter initiated seeking to hold
lIusband liable for the debts or obligations assumed by Wife under
this Agreement, Wife shall, at her sole expense, defend lIusband
against any such claim, action or proceeding, whether or not
well-founded, and indemnify him and his property against any
damages or loss resulting therefrom, including, but not limited
to, costs of court and attorney's fees incurred by Husband in
connection therewith.
(0) Warrantv as to Future Oblioations. Husband
and Wife shall take all steps necessary to assure that no credit
cards or similar accounts or obligations exist which provide for
joint liability. From the date of execution of this Agreement,
each party shall use only those credit cards and accounts for
which that party is individually liable and the parties agree to
cooperate in closing any and all accounts on which joint
liability may be incurred. Husband and IHfe each represents and
warrants to the other that he or she will not at any time in the
future incur or contract any debt, charge or liability for which
the other, the other's legal representatives, property or estate
may be responsible. Each hereby agrees to indemnify, save and
hold the other and his or her property harmless from any
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liability, loss, cu..t ut. l;lXp.OIlSS whatao..vtlt., illcludillCj attorlley's
fees, incurred in the svent of breach het"sot:.
6. WAIVER O~. Ar.TMONY. 'l'he partiea acknowledge that
inflation may increase or decrease, that their respective incomes
and assets may subatantially inct'saae or decrease in value, that
either may be employed or unemployed at various times in the
future, and that notwithstanding these or other economic
circumstances, the parties acknowledge that they each have
sufficient property and resources to provide for her or his
reasonable needs and that each is able to support herself or
himself without contribution from the other. Therefore, the
parties hereby expressly waive, discharge and release any and all
rights and claims which they may now or hereafter have, by reason
of the parties I mat"riage, to alimony, alimony pendente 1.ili,
support or maintenance and they acknowledge that this Agreement
constitutes a final determination for all time of either party's
obligation to contribute to the support and maintenance of the
other. It shall be, from the execution date of this Agreement,
the sole responsibility of each of the respective parties to
sustain himself or het"self without seekiny any additional support
from the other party.
7. HEAr.TfI INSURANCE FOR WIFE. lIusband agrees that he
shall continue to maintain Wife on the medical and
hospitalization insurance coverage provided as a benefit of his
employment until the date a divorce decree is entered with
''Iv
respect to the parties. Husband further agrees to cooperate
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therEliltLel' in iltltd..Lill'.l wile to ulJLilln COUAA Cl)V'Jl'ilIJe, it
availllble and if IOhe tlO dutlit'Eltl, but lOul,;h l,;UV"l'il'JEl lihall be <it
Wife's sole expense.
8. CUSTODY.
(a) Shdred y,eqal and Phvsical Custodv. It is the
intention of the parties, and the parties agree, to share joint
legal and physical custody of their children. The parties agree
that major decisions concerning their children, including but not
necessarily limited to their health, welfare, education,
religious training and upbringing shall be mllde after discussion
and consultation with each other, with a view toward obtaining
and following a harmonious policy in the children's best
interests. Each pal.ty shall keep the other informed of the
progress of the children's educational and social adjustments
when in his or her care. Each party agrees not to impair the
other party's custodial rights as regards the children. The
parties shall give support to one another in their role as
parents, and take into account the views of the other regarding
the physical and emotional well-being of their children. Each
party agrees not to attempt to alienate the affections of the
children from the other party nor to permit any third party to so
alienate the affections of the children from the other party.
The parties agree that they will encourage the children to
contact the other party by telephone. Day-to-day decisions will
be the responsibility of the parent then having physical custody.
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(Il) ,!:;JJlIH:uenu I el:l. wi Lh l'u'J"nJ 1:0 any emergency
decisions which must be made, the parent having physical custody
of the child or children at the time of the emergency shall be
permitted to make any immediate decisions necessitated thereLy.
However, that parent shall inform the other parent of the
emergency and consult with him or her as soon as possible.
(c) Access to Records. Each parent shall be
entitled to complete and full information from any doctor,
dentist, teacher or authority and to have copies of any reports
given to either party as a parent.
(d) Livina Arranaements. It is understood by the
parties that the exact period of physical custody must
necessarily be the subject of periodic negotiation between them.
They therefore agree to consult as necessary and to cooperate
with one another in scheduling the children's custodial periods
with one another and to take into account the respective
schedules and obligations of each other and of the children. If
the parties are unable to agree to a mutually satisfactory
schedule of custody, they agree that before either party
initiates a custody action, they will participate in at least
three (3) mediation sessions with Becky Emerick, or another
mutually-selected mediator, in an attempt to resolve the issue
before initiating legal action.
9. CHILD SllPPORT.
(a) Periodic Pavments. commencing upon wife's
...
relocation to her new residence, Husband shall pay, directly to
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Wife, the sum ot On.. '!'hUullotnd On.. llullunlli sixty-One lJoUartl
($1,161) per month for th.. support of the parties' three
children. These funds shall not be includllable in Wife's income,
nor deductible by Husband for tax purposes.
(b) Medical Insurance for children. Husband
.
shall pay one hundt'ed percent (100\) of the cost of medical,
dental and hospitalization insurance for the children either
through his employer or through Wife's employer, whichever plan
provides the best coverage.
(c) Unreimbursed Expenses. lIuBband agrees that
he shall pay two-thirds (2/3) and Wife agrees that she shall pay
one-third (1/3) of any unreimbursed medical and dental expenses
for the children. In a non-emergency situation, the decision to
incur extraordinary medical expenses shall be by mutual consent
of the parties, such consent not to be unreasonably withheld.
(d) child Care and Private School Costs.
(1) Wife agrees that she will be solely
responsible for all costs associated with Benjamin's child care;
(2) Husband agrees that in addition to the
other payments he is obligated to make by the terms of this
paragraph, he also shall be solely responsible for payment of
Jonathon's tuition at Good Shepherd School.
(3) In the event that the parties mutually
agree that their other two sons should attend private school,
Husband
agrees that he will be solely
...
costs associated therewith.
responaible for any and all
tuition
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r
/
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1
(e) sd,;ud~. Ali liecul-ity tor each party's
obligation to their children, the partiell agree that each shall
maintain in full force and effect, until such time as their
youngest child reaches aye 23 or graduates from college,
whichever is first to occur, a policy or policies of term life
,
insurance with a benefit payable upon his or her death in the
amount of Three Hundred Thousand Dollars ($300,000). Husband
agrees that he will bear the cost of maintaining said life
insurance on both parties. Each party shall name the three
children of the marriage as sole beneficiaries of the insurance
required to be maintained by the terms of this subparagraph and
further each shall name the other as trustee for the children
during their minority. In the event that Husband defaults in
paying any amount due on account of any policy of insurance
required to be maintained by virtue of this subparagraph, Wife
may make the payment due, and she shall be reimbursed by Husband
for the full amount of any payments, plus any interest, penalties
and costs, and legal fees incurred by her in securing payment
from Husband.
10. COUNSEL FEES. Each party shall be solely
responsible for any and all counsel fees, costs and expenses each
may incur in connection with the negotiation and execution of
this Agreement and the dissolution of their marriage. Each party
specifically waives his or her right to seek a contribution from
the other party toward his or her counsel fees, costs and
"
expenses.
20
11. EXEMI"!'IOIlS ~'OR CHI l.D1lEN. 'J'he pdrties ayreb that
for federal tax purposes, Husband shall be entitled to claim
Jonathon and Gregory, and Wife shall be entitled to claim
Benjamin, as exemptions on their respective federal income t<1X
returns. Each party agrees that upon the request of the other,
,
he or she will execute IRS Form 8332 releasing his or her right
to take the exemption for any child the other party may claim by
virtue of this subparagraph.
12. WAIVER OF BENEFICIARY DESIGNATIONS. Unless
otherwise specifically set forth in this Agreement, each party
hereto specifically waives any and all beneficiary rights in and
to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and
retirement plans of any sort or nature, deferred compensation
plans, life insurance policies, annuities, stock accounts, bank
accounts, final paychecks or any other post-death distributic:m
scheme, and each party expressly states that it is his and her
intention to revoke by the terms of this Agreement any
beneficiary designations naming the other which are in effect as
of the date of execution of this Agreement. If and in the event
the other party continues to be named as a beneficiary and no
alternate beneficiary is otherwise designated, the beneficial'Y
shall be deemed to be the estate of the deceased party.
Notwithstanding the foregoing, however, in the event that either
,..
party hereto specifically designates the other party as a
21
beneficiary of any i:I,;:;et attel' thu udte ot execution of this
Agreement, thell this waiver provision ..hall not bar that party
from qualifying as such beneficiary.
13. WAIVER OF INIIERI'rANCE RIGIITS. Unless otherwise
specifically provided in this Agreement, effective upon the
execution date, lIusband and Wife each waives all rights of
inheritance in the estate of the other, any right to elect to
take against the will or any trust of the other or in which the
other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of
their marriage, except the rights saved or created by the terms
of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights
provided under the laws of Pennsylvania, or any other
jurisdiction, and shall include all rights under the Pennsylvania
Divorce Code.
14. RELEASE OF CJ~IMS.
(a) Husband and Wife acknowledge and agree that
the property dispositions provided for herein constitute an
equitable distribution of their assets and liabilities pursuant
to 53502 of the Divorce Code and lIusband and wife hereby waive
any right to division of their property except as provided for in
this Agreement. Furthermore, except as otherwise provided for in
this Agreement, each of the parties hereby specifically waives,
releases, renounces and forever abandons any claim, right, title
".
or interest whatsoever he or she may have in or to property
22
transferred to the othel" Pill"ty pUl'lOUilnt to thl!> Agreement or
identified in thili Agl"etoment as belong in<j to the other party, and
each party agrees never to assert any claim to Iiaid property or
proceeds in the future. Howevsr, neither party is released tJr
discharged from any obligation under this Agreement or any
instrument or document executed pursuant to this Agreement.
Husband and Wife shall hereafter own and enjoy independently of
any claim or right of the other, all items of personal property,
tangible or intangible, acquired by him or her from the date of
execution of this Agreement with full power in him or her to
,',
dispose of the same fully and effectively for all purposes.
(b) Each party hereby absolutely and
unconditionally releases and forever discharges the other and the
estate of the other for all purposes from any and all rights and
obligations which either party may have or at any time hereafter
has for past, present or future support or maintenance, alimony
pendente ~, alimony, equitable distribution, counsel fees,
costs, expenses and any other right or obligation, economic or
otherwise, whether arising out of the marital relationship or
otherwise, including all rights and benefits under the
Pennsylvania Divorce Code of 1980, its supplements and
amendments, as well as any other law of any other juriSdiction,
except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions.
(c) Each party hereby absolutely and
uncondition:ily releases and forever discharges the other dnd his
23
p.",~-
,
or her heirs, eXllcuLol'l., adminit>trdtol'l., at>t>iynt>, property and
estate from any and all rights, claim, demandt> or obligations
arising out of or by virtue of the marital relationship of the
parties whether now existing or hereafter arising. The above
release shall be effective regardless of whether such claims
arise out of' any former or future acts, contracts, engagements or
liabilities of the other or by way of dower, curtesy, widow's or
widower's rights, family exemption or similar allowance, or under
the intestate laws or the right to take against the spouse's
Will, or the right to treat a lifetime conveyance by the other as
testamentary or all other rights of a surviving spouse to
participate in a deceased spouse's estate, whether arising ullder
the laws of Pennsylvania, any state, commonwealth or territory of
the United states, or any other country.
(d) Except for the obligations of the parties
contained in this Agreement and such rights as are expressly
reserved therein, each party gives to the other by the execution
of this Agreement an absolute and unconditional release and
discharge from all causes of action, claims, rights or demand
whatsoever in law or in equity, which either party ever had or
now has against the other.
15. PRESERVlI'rrOll OF RECORDS. Each party will keel' and
preserve for a period of four (4) years from the date a divorce
decree is entered all financial records relating to the marital
estate, and each party will allow the other party access to those
records in ~e event of tax audit.
24
16. MQllH'ICA'l']OIl. 110 lUoditicdtion, rescission, 0.:
amendment to this Agreement shall be effective unless in udting
signed by each of the parties hereto.
17. SEVERABILITY. If any provision of this Agreement
ie held by a court of competent jurisdiction to be void, invalid
,
or unenforceable, the remaining provisions hereof shall
nevertheless survive and continue in full force and effect
without being impaired or invalidated in any way.
18. BREACII. If either party hereto breaches any
provision hereof, 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. The
non-breaching party shall be entitled to recover from the
breaching party all costs, expenses and legal fees actually
incurred in the enforcement of the rights of the non-breaChing
party.
19. WAIVER OF BREACH. The waiver by one party of any
breach of this Agreement by the other party will not be deemdd a
waiver of any other breach or any provision of this Agreement.
20. NOTICE. Any notice to be given under this
Agreement by either party to the other shall be in writing and
may be effected by registered or certified mail, return receipt
requested. Notice to Wife will be sufficient if made or
addressed to the following:
'"
Kathleen K. Lopienski
21 Woburn Abbey Avenue
camp lIill, PA 17011
25
and to Husband, if maue Ot" Qudrtllitluct to tile follow iny:
Chris E. Lopienski
21 WolJurn Abbey Avenue
Camp lIill, PA 17011
Each party may change the address for notice to him or her by
giving notic~ of that change in accordance with the provisions of
this paragraph.
21. APPLICABLE I~W. All acts contemplated by this
Agreement shall be construed and enforced under the laws of the
Commonwealth of Pennsylvania in effect as of the date of
execution of this Agreement.
22. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement, except as otherwise expressly provided herein, shall
bind the parties hereto and their respective heirs, executors,
administrators, legal representatives, assigns, and successors in
any interest of the parties.
23. ENTIRE AGREEMENT. Each party acknowledges that he
or she has carefully read this Agreement, including all Exhibits
and other documents to which it refers; that he or she has had
the opportunity to discuss its provisions with an attorney of hie
or her own choice, and has executed it voluntarily; and that this
instrument expresses the entire agreement between the parties
concerning the subjects it purports to cover. This Agreement
should be interpreted fairly and simply, and not strictly for or
against either of the parties.
,..
26
24. PRIOR AGR~:~:I1"Il'l'S. '1'1113 piu"tietl apeciHcally agree
that this Agreement allall auperallde any and all prior agreements
between the partiea.
25. INCORPORA'l'ION OF EXHIBITS. All Exhibits and other
instruments referred to in this Agreement are incorporated into
this Agreeme'nt as completely as if they were copied verbatim in
the body of it.
26. MUTUAl. COOPERATION. Each party shall on demand
execute and deliver to the other any deeds, bills of sale,
assignments, consents to change of beneficiaries of insurance
policies or other benefits or asseta, tax returns, and other
documents, and shall do or cause to be done every other act or
thing that may be necessary or desirable to effectuate the
provisions and purposes of this Agreement. If either party
unreasonably fails on demand to comply with these provisions,
that party shall pay to the other party all attorney's fees,
costs, and other expenses reasonably incurred as a result of such
failure.
27. DATE OF EXECUTION. The "date of execution" 01"
"execution date" of this Agreement shall be defined as the date
upon which it is executed by the parties if they each have
executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined
as the date of execution by the party last executing this
Agreement.
'"
27
28. E~'n;C'l'IVg OA'l'E. 'I'hili AY1"1ol1ol1ll,mt Iihall be effel;tive
and binding upon both parties on the execution dlite of this
Agreement.
29. AGREEMENT NOT TO Bg MERGED. 'rhis Agreement shall
survive any divorce decree entered with respect to the parties
and shall be' incorporlited into any final decree of divorce ot the
parties for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to
enforce this Agreement under the Divorce Code of 1980, as
amended, and in addition, shall retain any remedies in law o~ in
equity under this Agreement as an independent contract. Such
remedies in law or equity specifically are not waived or
released.
30. EFFECT OF RECONCII,TATION OR RECONCIT,IATION
ATTEMPT. This Agreement shall remain in full force and effect
and shall not be abrogated even if the parties effect a
reconciliation, cohabit as husband and wife or attempt to effect
a reconciliation. This Agreement also shall remain in full force
and effect in the event of a divorce of the parties. This
Agreement shall continue in full force and effect and there shall
be no modification or waiver of any of the terms hereof unless
the parties in writing execute a statement declaring this
Agreement or any term of this Agreement to be null and void.
31. IIEAOIllGS NOT PART OF AGREEMENT. Any headings
preceding the text of the several paragraphs and subparagraphs
hereof are 1"nserted solely for convenience of reference and shall
28
not constitute a pal't ot thh Agr....lII..nt 1101' tlhall they affect. its
meaning, construction or eftect.
32. COIIN'I'ERPAR'l'S. Thitl Agreement may be executed in
counterparts, each of which will be an original and which
together shall constitute one and the same instrument.
,
IN WITNESS WlIEREOF, the parties hereto have set their hands
and seals on the dates of their acknowledgements.
~'~J~
TESS
'"
29
)
)
)
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally
,
appeared KATHLEEN K. LOPIENSKI, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that she executed same for the purposes and considerations
therein expressed.
this ~y of
HAND AND SEAL OF OFFICE
, 1995.
My commission expires:
1I0T ARIAL li.EAL
nEBRA lot SHIUP,llol3ry Public
Hlrrl'burg, Oauphln Counly, fA
My Com minion ElrArll AIIgUII23, 1587
,..
30
COUNTY
)
)
)
BEFORE ME, the undersigned authority, on this day personally
.
appeared CHRIS E. LOPIENSKI, known to me to be the person who
executed the foregoing instrument, and who acknowledged to me
that he executed same for the purposes and considerations therein
expressed.
R MY MAil'
....
AND SEAL
OF OFFICE this ~~y of
, 1995.
My commission expires:
NOTARIAL WL
DEBRA '" SHIMP, tlotary Public
lIA11llburg, Oluphln County, PA
MV C,QII'mlploll bpi,,, Augull23, II1l17
31
".....
.
.
EXHIBIT "A"
CONTBNTS OP MARITAL RESIDENCB AND PERSONAL PROPERTY TO WIFB
piano in living room
Dining room furnishings (with the exception of the blue china and
silverware (gold and chrome) which shall remain Husband's sole
and separate property)
Laundry roo~ contents
Refrigerator and freezer in garage
Sectional sofa in the family room
Family room carpet
Dresser and lamp table in master bedroom
Toaster and baker's rack in kitchen
Microwave in basement
Sofa and chair in basement
End tables in basement
Television in basement
Nordic Trak in basement
Sewing machine and notions in basement
File cabinet in basement
Dresser in basement
Hutch in basement
Furnishings in Jonathon's room (with the exception of the desk
which will remain Husband's sole and separate property)
Dresser in Benjamin's room
Queen size bed in Gregory's room
Furnishings in TV room
Wife's clothing, jewelry and personal items
'"
The parties agree to divide equally between themselves the
photographs on the wall in the family room, kitchen utensils,
plants and flowers in the kitchen, Christmas ornaments and
lights, photos in the tv room and linens and sundries.
32
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.1
1
~CT 2 ~\99~
HowE'M', I{ISSINGER & MILES, P.C.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CHRIS E. LOPIENSKI, ) /
Plaintiff ~.
v. 95-3326 CIVIL TERM
)
KATHLEEN K. LOPIENSKI, )
Defendant ) DIVORCE
KATHLEEN K. LOPIENSKI, )
Plaintiff )
)
v. ) NO. 96-2628 CIVIL TERM
)
CHRIS E. LOPIENSKI, )
Defendant ) CUSTODY
PRAECIPE
TO THE PROTHONOTARY:
Kindly withdraw Chris E. Lopienski's petition for Contempt
filed on or about October 17, 1997 and scheduled for hearing
before the Honorable Edgar B. Bayley on February 9, 1998.
Respectfully submitted,
Date:
/ 1';1 /9(
I I
'fitYu ~-~-}/} ,,~
Patricia A./ Mir:::~squire
HOWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Chris E. Lopienski
\
;>
. fl'!'
'1\'"< '
'?>"{:
~;f. ,
r::;:': ,
- -',
Or. ~t:~~~-!f~~~)TI.R'f
, \,
gn .IMl 22 PH 3: \ 4
", "c,,,l't".'
cu,/flr.::: : .,., i I.J \JI~. ~
f l/;:' :~-~t~.:i\!,.t<\\^
Pt.:Ni\;Jl....'.\ \\."'\ .
'DIE amr CF aM1ll I'll'AS IF Q1ftlll.Wl
, PEmM,.VANIA, CIVIL N:1'IW - u.w
. 95-3326 CIVIL 'ImI - DI\mE
. 9(r-262B CIVIL 'ImI - asItIl\'
E. LOPIENSKI,
Plaintiff
TllLEEN K. LOPIENSKI,
Plaintiff
E. LOPIENSKI,
Defendant
PRAECIPE
LAw omclI o.
BOWETT,KISSINGER &: MILES. P.C.
110 WALNUT STREET
POST OFfiCE BOX 810
HARRIS.URD, PENNSYLVANIA 17108
. --