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HomeMy WebLinkAbout07-0234CARI L. ZELKO, Plaintiff vs. ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007- o23L/ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 MAX J. SMITH, JR., quire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CARI L. ZELKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-? CIVIL TERM ANTHONY SCOTT ZELKO, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CARI L. ZELKO, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, CARI L. ZELKO, is an adult individual and citizen of the United States of America, who resides at 221 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania 17036. 2. The Defendant, ANTHONY SCOTT ZELKO, is an adult individual and citizen of the United States of America, who resides at 11 Cumberland Estates Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. 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. Plaintiff and Defendant were married on or about April 28, 1990, in State College, Pennsylvania. 5. Plaintiff avers that there are two (2) children of the parties under the age of 18, namely: AUSTIN S. ZELKO, born April 5, 1994 and AMBER J. ZELKO, born May 13, 1998. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301(c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 14. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 18. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as though set forth in full. 20. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Respectfully submitted, Date: January , 2007 W1 1 4, MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. A 9 , , " / -'Ll, ? ? CAM L. ZEL O q\ ? ti w o -n m 'L7 J? r, T_ tV CARI L. ZELKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-234 CIVIL TERM ANTHONY SCOTT ZELKO, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 10th day of January, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7006 2150 0004 2693 0210 at Hershey, Pennsylvania, addressed to: Anthony Scott Zelko 11 Cumberland Estates Drive Mechanicsburg, PA 17050-1720 Mailing and return receipt cards attached hereto. Lfuuo MAX J. SMITH, JR., uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Postal CERTIFIED MAIL RE CEIPT C3 (Domestic Mail Only; No Insurance Coverage Provided) 23 NOW M rij postage $ EY ?1 q ! ?" Certified Fee oq,,fff rr,uut1 • t ?Pb?Rnark fl r-3 Return Receipt Fee (Endorsement Required) 1 re Ole ° 0 Restricted Delivery Fee (Endorsement Required) O .ZOOl Ln r-1 Total Postage & Fees n-I Q It To Street Apt. No.; /1 (%- s l [ice or PO Box No.r? crry srate, ztP+?, , , c hGt9?i (PO, r'l US G 4 - 0-Q' ¦ Complete Items 1, 2, and 3. Also COMPiete t;> n 4 If Restricted Delivery is dedred- • pftt your name and address on the reverse so #,at we can return the card to you. ¦ /frch this card to the back of the mallpiece, or on the front If space permits. 1 /Irec 0 Addressed to: ejo t t)kA A. Signatu?e Au" X j ? AtldfwMe B. Reoelved by (Printed NpmeJ C. Date of Drtiary ?`??nor S. Zt? `D. is delhrery G d"M`11 ftom item 1Z A ress If YES, enter 04 A ran r' _ 01 00 a , Corti Mail _ pecalpc for Merdt•? O Insured Mal C.O.D. 4. FM biftd MMO NMMF* htls 2. AerllosNurlW 7006 2150 0004 2693 0210 Mtl WW flem,rrbe "O PS Fsrm 3811, Fdwary 2004 Dw*O*- P1i1"° , .*1610 C -D CART L. ZELKO, Plaintiff V. ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-234 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ? Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ® Distribution of Property ? Annulment ? Support ® Alimony ® Counsel Fees ® Alimony Pendente Lite ® Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ® has ? has not appeared in the action ? personally by counsel, Paul J. Esposito, Esquire. 3. The statutory ground(s) for divorce ? is ® are irretrievable breakdown and indignities. 4. Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: all of the above except divorce. 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one (days). 7. Additional information, if any, relevant to the motion: Date: September 2, 2008 ?T? i Name: Max J. Smith, S J, Esquire Attorney for ® Plaintiff ? Defendant AND NOW ,20 , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. C-n ca, CI I r= o7 SEP 0 4 20086 CARI L. ZELKO, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY SCOTT ZELKO, Defendant NO. 2007-234 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ? Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ® Distribution of Property ? Annulment ? Support ® Alimony ® Counsel Fees ® Alimony Pendente Lite ® Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ® has [] has not appeared in the action El personally ® by counsel, Paul J. Esposito, Esquire. 3. The statutory ground(s) for divorce ? is ® are irretrievable breakdown and indignities. 4. Delete the inapplicable paragraph(s): (a) The aGtian is not Gentested. (c) The action is contested with respect to the following claims: all of the above except divorce. 5. The action ? involves ® does not involve complex issues of law or fact. 6. The hearing is expected to take (hours) one (days). 7. Additional information, if any, relevant to the motion: Date: September 2, 2008 Name: ax J. Smith, J ., Esquire Attorney for ® Plaintiff (? ? Defendant AND NOW 20 " ' /? C" Esquire, is appointed master with respect to the follom n a- LIJ 1 C rs J CC) .? S L Q Ci7 ; is ?.? C` C Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com CARI L. ZELKO, vs. Plaintiff ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-234 : CIVIL ACTION - DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF. CARI L ZELKO PURSUANT TO PA.R.C.P. 1920.33(b) 1. ASSETS A. MARITAL ASSETS ASSET VAL UE DATE OF VALUATION NON-MARITAL PORTION LIEN 221 Fox Grove $300,000.00 Present No 0 Mortgage: Place (Marital $159,000.00 Residence) Home Equity: $32,000.00 A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Americhoice $8,112.17 November 1, Yes No Bank Account 2006 #11779 Americhoice $0 DOS No No Bank Account (acct. used for #38913 payment of mortgages during marriage) Americhoice $0 DOS No No Bank Account (acct. used for #25065 W's payment of household bills during marriage) Schwab $33,593.19 12/31/06 Yes No Investment Account #2397 Schwab IRA $25,614.00 11/1/06 Yes No Account #2390 Schwab IRA $1,183.97 2/1/07 Yes No Account#2307 John Hancock $127,947.88 10/1/06 Yes No 401(k) 2006 Dodge $2,500.00 Present No Yes Caravan (net) 2002 Chrysler $2,000.00 DOS No No 300m A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF VALUATION NON-MARITAL PORTION LIEN Northwestern $6,321.06 2/15/07 No No Mutual Life (liquidated by H) Insurance Policy Household TBD During Marriage No No Furnishings and Personalty B. NON-MARITAL ASSETS ASSET VALUE DATE OF VAL UATION LIEN REASON FOR EXCLUSION Post-separation TBD Post-separation No Increase increase in value resulting from of assets in Part post- due to post- separation separation contributions contributions Checking/Savings TBD Present No Acquired by Accounts H/W post- separation II. EXPERT WITNESSES Plaintiff reserves the right to call a residential real estate appraiser as an expert witness in the event the parties are unable to stipulate to the value of the marital residence. Plaintiff reserves the right to retain additional expert witnesses as may be required prior to trial and to cross-examine any expert witness retained by Defendant for trial. III. LIST OF FACT WITNESSES Plaintiff anticipates calling only the parties as witnesses. Plaintiff reserves the right to cross-examine any witness called by Defendant at the time of trial and to offer rebuttal witnesses at the time of trial in response to Defendant's presentation. Plaintiff reserves the right to supplement this response prior to trial. IV. LIST OF EXHIBITS 1. Plaintiff will present statements of all assets listed in Part A. above to substantiate the listed account values. 2. Plaintiff will present Kelly Blue Book Values to substantiate the values of the motor vehicles listed in Part A. above. 3. Plaintiff will present a deed to the real property listed in Part A. 4. Plaintiff will present a copy of the real estate appraisal of the real property listed in Part A. above, if any. 5. Plaintiff will present documentation establishing the value of any asset and/or liability listed in either of the parties' Inventory and Appraisement. 4 6. Plaintiff will present a copy of her most recent pay-stub, as well as a copy of her Income and Expense Statement to substantiate her income and expenses. 7. Plaintiff will present and/or reference at the time of trial any of the documents attached to Defendant's Pre-Trial Statement. 8. Plaintiff will present credit card statements relative to any account Defendant claims is marital to document the charges incurred and the purpose of such charges. 9. Plaintiff reserves the right to supplement this response prior to trial and offer additional exhibits at the time of trial. V. PARTIES' INCOMES Plaintiff s income was determined in March, 2008 through proceedings in Dauphin County Domestic Relations to be $9,927.42 annually. Plaintiffs monthly net income was determined to be $570.99 when utilizing a filing status of married filing jointly with 4 exemptions. Defendant's income was determined in March, 2008 through proceedings in Dauphin County Domestic Relations to be $228,000.00 annually. Defendant's monthly net income was determined to be $13,070.01 when utilizing a filing status of married filing jointly with 4 exemptions. VI. PARTIES' EXPENSES Plaintiff shall submit a completed Income and Expense Statement at the time of the Pre- Trial Conference and/or shall supplement this Pre-Trial Statement with the addition of such Income and Expense Statement prior to the time of the Conference. 5 VII. VALUATION OF RETIREMENT ASSETS The retirement assets listed in Part A. are capable of valuation by reference to the statements for said accounts, without the need for expert valuation. Statements of the retirement assets will be presented at the time of trial. VIII. COUNSEL FEES Due to the gross disparity in the parties' incomes, as well as in consideration of the other factors enumerated in the Divorce Code, Defendant should be responsible for Plaintiff's counsel fees and expenses. Plaintiff has requested an award of such fees and expenses in the Divorce Complaint. IX. PERSONAL PROPERTY The parties anticipate being able to divide their personal property equitably, without addressing such property in the Master's proceeding or further involvement from the Court. To the extent they cannot, Plaintiff reserves the right to submit valuation of specific items of personal property to the Master and/or to request a distribution of such property to Plaintiff as part of the equitable distribution in the case. X. MARITAL DEBTS DEBT AMOUNT DATE DEBT INITIAL PAYMENTS EVIDENCE AS OF INCURRED AMOUNT OF SINCE DOS DOS DEBTIPURPOSE Cid $157,208.97 During Purchase of home By Husband Statements Financial Marriage (in lieu of Mortgage support) 6 X. MARITAL DEBTS (CONTINUED) DEBT AMOUNT AS OF DOS DATE DEBT INCURR ED INITIAL AMOUNT OF DEBTIPURPOSE PAYMENTS SINCE DOS EVIDENCE Home $27,511.32 During H alleges By Husband Statements Equity Marriage payment of debts (in lieu of Loan support) Credit $11,200.00 During Unknown (to be By Husband Statements Card (amount of Marriage explored upon (Visa) marital debt to (alleged H's cross- be subject of by H) examination) cross- examination of Husband XI. PROPOSED ECONOMIC RESOLUTION An examination of the factors listed in Section 3502 of the Divorce Code leads to the conclusion that the marital assets should be divided disproportionately in favor of Plaintiff. Plaintiff proposes the following equitable distribution of marital property: a. Husband shall transfer his interest in the marital home to Wife, subject to the first mortgage balance. Wife shall not be required to refinance the first mortgage immediately and shall be permitted to assume responsibility for payment of the liability without contribution from Husband. Husband shall be responsibility for payment and satisfaction of the home equity loan without contribution from Wife. b. Husband shall transfer to Wife the sum of $100,000.00 from the John Hancock 401(k) plan pursuant to a Qualified Domestic Relations Order and placed into Wife's Schwab IRA. 7 C. Husband shall retain the balance of the John Hancock 401(k), his Schwab IRA account, the joint Schwab account, the Americhoice bank accounts, and the cash value of the life insurance policies. d. Wife shall retain the Dodge Caravan and Husband shall retain the proceeds of his transfer of the 2002 Dodge Chrysler 300m subsequent to separation. Husband shall continue to provide health insurance coverage for Wife until the Decree in Divorce has been issued, and will cooperate in efforts to secure single coverage at Husband's COBRA rates post-divorce. To the extent addressed in the settlement of the parties' divorce, Husband should be responsible for maintaining health insurance coverage for the parties' children and unreimbursed health insurance costs for the children in the amount determined by Dauphin County Domestic Relations. In addition, although not required to be a part of the parties' divorce resolution, Wife proposes that Husband pay her child support in the monthly sum of $2,000.00 to be collectible through Domestic Relations and in addition to the proposed alimony amount. f. Husband shall contribute the sum of $5,000.00 toward payment of Wife's counsel fees, costs, and expenses. g. Husband shall be responsible for payment of the VISA account without contribution from Wife and shall indemnify and hold harmless Wife from any responsibility therefrom. In addition, a review of Section 3701 of the Divorce Code calls for Plaintiff to receive indefinite alimony. Wife proposes that Husband shall pay non-modifiable alimony to Wife in the sum of $3,300.00 per month, indefinitely, terminating only upon Wife's cohabitation, re- marriage or death. Alimony shall be includable as income to Wife and deductible to Husband for income tax purposes. Husband shall secure the payment of his alimony obligation to Wife by naming Wife as irrevocable beneficiary under a life insurance policy with a minimum death benefit of $500,000.00 until alimony has been terminated. Respectfully submitted, Date: October 13 2008 By: JAMES, SMITH, DIETTERICK & CONNELLY LLP MAX J. SMITH, JR., ESQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Plaintiff, Cari L. Zelko 9 CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Pre-Trial Statement upon the following below-named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 13th day of October, 2008. Paul J. Esposito, Esquire Goldberg Katzman 320 Market Street, Strawberry Square P.O. Box 1268 Harrisburg, PA 17108-1268 I further certify that I served a true and correct copy of the foregoing Pre-Trial Statement upon the following below-named individual(s) via hand delivery this 13th day of October, 2008. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17011 JAMES, SMITH, DIET C Y LLP By: JARAD W. ELMAN, ESQUIRE Attorney I.D. #82629 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 C'S ha C.Ij -'Ti^r ! N ^ O < ,14 CARI L. ZELKO, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 234 CIVIL ANTHONY SCOTT ZELKO, Defendant IN DIVORCE ORDER OF COURT v , AND NOW, this ?a day of ?' '1' d - 0 2009, the economic claims raised in the proceedi s having been resolved in accordance with a marriage settlement agreement dated July 27, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, QJI1 G Edgar B. -a ley, P.J. cc: VMax J. Smith, Jr. ?Attorney for Plaintiff Paul J. Esposito Attorney for Defendant 7 2 610 1? OF THE C TARY 2009 JUL 30 H 12: 21 VA f, MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this L? day of Jig LI , 2009, by and between CARI L. ZELKO, (hereinafter referred to as "Wife") and A. SCOTT ZELKO, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on April 28, 1990, in State College, Pennsylvania; and WHEREAS, the parties separated on or about September 30, 2006; and WHEREAS, the parties are the parents of two (2) minor children: Austin S. Zelko, born April 5, 1994, and Amber I Zellco, born May 13, 1998; and WHEREAS, certain differences, disputes and difficulties have arisen between the parties as a result of which they intend to live separate and apart from each other, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification, the settling of all claims between them relating to the ownership and equitable distribution of their real and personal property; the settling of all matters between them relating to the past, present and future support, alimony, alimony pendente lite and/or maintenance of Wife by Husband or of Husband by Wife; the settling of all matters between them relating to the support of their two (2) minor children; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estate. NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound and to legally bind their heirs, successors and assigns hereby covenant, promise and agree as follows: 1. SEPARATION Husband and Wife shall at all times have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other, subject to the further provisions of this Agreement. 2. WIFE'S DEBTS Wife represents and warrants to Husband that as of the date of their separation, September 30, 2006, she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3. HUSBAND'S DEBTS Husband represents and warrants to Wife that as of the date of their separation, September 30, 2006, he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 2 4. OUTSTANDING JOINT DEBTS Husband and Wife acknowledge and agree that they have no outstanding debts and obligations which were jointly incurred by them during their marriage with the exception of those which are otherwise set forth in this Agreement. Husband shall be solely responsible for the Bank of America Visa account and shall indemnify and hold Wife harmless from any loss she may sustain as a result of any default in payment by him. 5. LIABILITY 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 described in this Agreement, for 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 hereinafter incur it, and such 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. 6. DISPOSITION OF THE MARITAL RESIDENCE Husband and Wife acknowledge that they own the real property situate at 221 Fox Grove Place, Hummelstown, Dauphin County, Pennsylvania, the former marital residence, as tenants by the entireties. The parties hereby agree that the marital residence shall be the sole and separate property of Wife. Husband hereby waives and relinquishes any right, title, claim or interest in- and to said real estate. Husband agrees to execute any documents reasonably related to the transfer of ownership of the marital home to Wife. Wife's attorney shall prepare said documents. Wife hereby assumes all liabilities currently due and owing, in connection with the upkeep and maintenance of the property, 3 including, but not limited to, the mortgage with CitiMortgage, Inc., real estate taxes, homeowners insurance, assessments, utilities, repairs and improvements. Wife shall indemnify Husband and hold him harmless from any and all claims of every kind arising out of or in connection with said property. Wife shall refinance or otherwise satisfy the aforementioned mortgage or remove Husband as a responsible party therefrom within two (2) years from the date of execution of this Agreement. Husband may, at his sole option, compel the sale of said property in the event Wife fails to refinance or otherwise satisfy the mortgage or remove Husband as a responsible party therefrom within the two (2) year period; however, Husband shall refrain from initiating such action if all payments due are current and Wife has applied for refinancing within sixty (60) days from the end of the two (2) year period. The parties acknowledge that, Husband has paid the home equity loan from AmeriChoice Federal Credit Union in full, which had been a second mortgage against the marital real estate. 7. DIVISION OF PERSONAL PROPERTY The parties hereby acknowledge and agree that they have divided between themselves, to their mutual satisfaction, the personal effects, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. As of the date of execution of this Agreement, any and all items of personal property not specifically addressed herein shall be owned by the party in whose name the property is titled, and if untitled, the party in possession. 8. MOTOR VEHICLES The parties hereby agree that Wife shall be entitled to exclusive possession and ownership of the 2006 Dodge Caravan minivan. Husband hereby relinquishes any and all 4 interest he may have in and to said vehicle. Husband shall execute any certificate of title, power of attorney or other documents necessary to give this paragraph full force and effect. Wife shall be solely responsible for payment of any and all expenses incurred in connection with said vehicle and shall indemnify and save Husband harmless from any loss he may sustain as a result of any default thereon by Wife. The parties acknowledge the Husband has paid the loan incurred for the purchase of the aforementioned vehicle in full. The parties further acknowledge and agree that, subsequent to their separation, Husband disposed of the 2002 Chrysler 300M and acquired another velucle. Husband shall be entitled to exclusive possession and ownership of said vehicle. Wife hereby relinquishes any and all interest she may have had in and to the 2002 Chrysler 300M or any other vehicle Husband has acquired subsequent to separation. Husband shall be solely responsible for payment of any and all encumbrances and other expenses in connection with the latter vehicle and shall indemnify and save Wife harmless from any loss she may sustain as a result of any default thereon by Husband. 9. INVESTMENT ACCOUNTS AND INDIVIDUAL RETIREMENT ACCOUNTS Husband shall retain as his sole and separate property his Roth IRA account, Schwab Investment account, John Hancock 401(k) account and any other accounts in his name alone. Wife shall retain as her sole and separate property her Roth IRA account and any other accounts in her name alone. The parties hereby waive and relinquish any right, title, claim or interest either may have in and to the accounts of the other. 5 10. CASH PAYMENT In consideration of and for Wife's waiver and relinquishment of all rights arising from the marital relationship as set forth in this Agreement, Husband shall pay to Wife the lump sum of $25,000.00 immediately upon execution of this Agreement. 11. LIFE INSURANCE The parties hereby agree that each shall retain as his/her sole and separate property, any and all life insurance policies in his/her name, respectively, free of any right, title, claim or interest of the other party. Husband shall, however, maintain a policy or policies of life insurance having an aggregate death benefit of $500,000.00, designating Wife as beneficiary and Husband as insured. The parties acknowledge and agree that the proceeds payable to Wife from any life insurance maintained hereunder by Husband shall be disbursed solely for the benefit of the parties' children. Husband's obligation to provide life insurance for the benefit of the children shall terminate upon the later of Amber's 18o' birthday or the termination of alimony as provided in this Agreement. In no event shall Husband's responsibility to maintain life insurance extend beyond August 31, 2019. 12. AFTER-ACQUIRED PROPERTY The parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, real, personal or mixed, tangible or intangible, which have been acquired by him or her since the parties separated on September 30, 2006, or which may be acquired in the future, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6 More specifically, the parties acknowledge that Husband, subsequent to the parties' separation, purchased the real estate situate at 146 Peregrine Lane, Hummelstown, Pennsylvania. Wife hereby waives and relinquishes any right, title, claim or interest, if any she may have, in and to said real estate. 13. ALIMONY Husband shall pay directly to Wife, as alimony, the sum of $2,600.00 per month, for a period of one hundred twenty (120) months commencing August 1, 2009, and terminating with the final payment on August 1, 2019. Said payments shall be made in two (2) equal semi-monthly installments of $1,300.00, by the 16th of each month and the 1St day of the following month. For example, the payments due for August 2009 shall be made by August 16, 2009 and September 1, 2009. Said payments shall be made without the involvement of the Domestic Relations Section as long as Husband is current with his payments. Notwithstanding the foregoing, Husband's obligation to pay alimony to Wife shall forever terminate upon the first to occur of any of the following: a) Wife's remarriage; b) Wife's cohabitation with an unrelated male; c) Wife's death; d) Husband's death. The amount payable as alimony shall not be subject to increase but shall be subject to decrease, but only if Husband's annual gross income is less than $175,000.00. In that event, the parties may negotiate a revised amount of alimony; however, in the event they fail to reach agreement, this issue shall be referred to the Court of Common Pleas of Dauphin County, Pennsylvania for resolution. The parties hereby agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance payment intended to be included in the income of Wife within the meaning of Section 71 of the United States Internal Revenue Code of 1954, as amended, and deductible from Husband's gross income pursuant to the 7 provisions of Section 215 of the United States Internal Revenue Code of 1954, as amended. Wife agrees that all of said payments shall be included as income to her on her federal income tax return. 14. MEDICAL INSURANCE COVERAGE FOR WIFE The parties acknowledge that Husband is currently providing medical insurance coverage for Wife. Husband shall continue to provide medical insurance for Wife, as long as they are married. However, in no event shall Husband be obligated to provide medical insurance coverage for Wife subsequent to the date of issuance of a final decree in divorce between them. Thereafter, Husband's obligation to provide said coverage shall forever terminate and Wife shall be solely responsible for the provision of her own medical insurance coverage and the cost thereof and any and all unreimbursed or uninsured medical expenses. 15. SUPPORT OF THE CHILDREN Husband shall pay directly to Wife the sum of $2,000.00 per month, effective August 1, 2009, for the support and maintenance of the parties' two (2) minor children, Austin S. Zelko and Amber J. Zelko. Said payments shall be made in two (2) equal semi- monthly installments of $1,000.00, on the 16th of each month and the 1St day of the following month. For example, the payments due for August 2009 shall be made by August 16, 2009 and September 1, 2009. Said payments shall be made without the involvement of the Domestic Relations Section as long as Husband is current with his payments. The parties acknowledge that the amount payable as child support shall hereafter be governed by the laws of the Commonwealth of Pennsylvania in effect at the time modification becomes pertinent. In the event either party seeks to modify the terms of this provision and the parties are unable to reach an agreement regarding modification, 8 either party may initiate an action with the Dauphin County Domestic Relations Section to establish an order for the support of the children. In the event an order is issued by the Court pursuant to the initiation of support proceedings by either party, this provision shall be superseded, rendered null and void and shall have no legal or binding effect. Husband shall provide medical insurance coverage for the children as long as said coverage is provided by his employer at reasonable cost and the children are eligible for said coverage. Further, Husband shall be solely responsible for all of the children's uninsured and/or unreimbursed medical expenses, as defined hereinafter, as long as child support is paid directly to Wife without the involvement of the Domestic Relations Section. In the event an order for the support of one or both of the children is issued through the Domestic Relations Section, this provision shall be null and void and shall have no legal or binding effect. For the purposes of this Agreement, the term "unreimbursed medical expenses" shall mean reasonable and necessary medical, dental and optical expenses, co-payments, deductibles, and prescriptions, including orthodontic, psychiatric and psychological expenses, but not including chiropractic, cosmetic services or over-the-counter medicines or supplies. It shall be Wife's responsibility to submit all claims to the insurer within seven (7) days of the date of service. Husband shall reimburse Wife, as described hereinafter, for the unreimbursed medical expenses within fourteen (14) days of his receipt of a written request accompanied by appropriate documentation. Wife shall consult Husband in advance regarding any anticipated unreimbursed medical expense exceeding $250.00. The decision to incur said expense shall be made jointly by the parties before same is incurred. Husband shall not be obligated to 9 reimburse Wife for any medical expense in excess of $250.00 where the decision to incur the expense is not made jointly by the parties. Husband shall, within fourteen (14) days of receipt of statements, reimburse Wife for any medical expenses incurred pursuant to this Agreement. Moreover, Husband shall, within forty-five (45) days of execution of this Agreement, deposit $1,000.00 in an account designated by Wife as an advance toward the payment of future medical expenses. As Wife presents Husband with statements of medical expenses covered by this Agreement, he will replenish the account to the extent of each expense in order to maintain an ongoing balance of $1,000.00 in said account. 16. TAX RETURNS The parties acknowledge that they have heretofore filed certain joint income tax returns. The parties hereby agree that in the future, if any penalties or interest or any liability for failure to declare income or as a result of disallowance of a claimed deduction shall be assessed by the United States Internal Revenue Service, Commonwealth of Pennsylvania or any other taxing authority, said penalties or interest shall be paid by and solely attributable to and be the responsibility of the party failing to declare said income or claiming said deduction. In addition, the responsible party shall indemnify, defend and hold the other party harmless against all taxes, penalties and interest payments, as well as attorney and accountant fees incurred as a result of the failure to declare income or disallowance of the claimed deduction. 17. DEPENDENCY EXEMPTIONS Commencing with the tax year 2009 and for all years thereafter, Wife shall be entitled to claim the parties' son, Austin, as a dependent on her federal income tax returns, and Husband shall be entitled to claim the parties' daughter, Amber, as a 10 dependent on his federal income tax returns. Neither party shall claim the other child on his or her federal income tax returns. The parties shall, promptly upon request, sign and deliver to the other any documents, including Internal Revenue Service Form 8332, in order to effectuate the terms of this provision. 18. DISCLOSURE OF ASSETS AND WAIVER OF PROCEDURAL RIGHTS Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code, as amended, or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of 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. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is 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 11 other party or his or her heirs, executors, administrators or assigns with respect to this divorce, alleging that there was a denial of any rights to full disclosure, or that there was any duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. The parties acknowledge that a breach of this Agreement does, however, remain actionable. 19. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Paul I Esposito, Esquire and to Wife by her counsel, Max J. Smith, Jr., Esquire. Each parry confirms that he or she fully understands the terms, conditions and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. 20. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, AND SPOUSAL SUPPORT Except as otherwise set forth in this Agreement, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may now or hereafter have to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as Husband and Wife. The parties further release and waive any rights they may have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either parties' obligation to contribute to the support and maintenance of the other. 21. COUNSEL FEES. COSTS AND EXPENSES Husband shall pay to Wife or her counsel the sum of $4,000.00 toward her legal fees which were incurred in this matter within forty-five (45) days from the date of 12 execution of this Agreement. The parties shall otherwise be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and the preparation and execution of this Agreement and the dissolution of their marriage. 22. WAIVER OF INHERITANCE RIGHTS Unless otherwise specifically provided in this Agreement, as of the date of execution of this Agreement, 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 hereby 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. 23. WAIVER OF BENEFICIARY DESIGNATION As of the date of execution of this Agreement, unless otherwise specifically set forth herein, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse 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 pay checks 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 beneficiary and no alternate beneficiary is otherwise designated, the beneficiary 13 shall be deemed to be the estate of the deceased party. Notwithstanding any continuing marital status between the parties, each shall sign whatever documents are necessary to enable the other to designate new beneficiaries for retirement plans, insurance policies and similar assets in order to conform with law. 24. RELEASE OF CLAIMS. a. Wife and Husband 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 Wife and Husband 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 property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each parry 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. b. Except as set forth in this Agreement, each party hereby absolutely and unconditionally re eases 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 14 has for past, present or future support or maintenance, alimoi7y pendente lite, 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 under 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. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in or as to any breach of this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, 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 ht e other as testamentary or all other rights of a surviving spouse to 15 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 herein, each parry 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 demands whatsoever in law or in equity, which either party ever had or now has against the other. e. Husband and Wife acknowledge that Wife has instituted a no-fault action in divorce against Husband docketed to No. 2007-234 in the Court of Common Pleas of Cumberland County, Pennsylvania. Wife shall immediately proceed with the said divorce action, and the parties shall execute all documents necessary to conclude the divorce as expeditiously as possible. 25. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to the parties, but they shall not be merged into such decree. The Court of Common Pleas which may enter such decree shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the sole purpose of enforcement of any of the provisions thereof. In addition, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and shall retain any remedies in law or in equity to enforce any term of this Agreement, which 16 shall retain its character as an independent contract. Such remedies in law or equity are specifically not waived or released. 26. MODIFICATION No modification, rescission or amendment to this Agreement shall be effective unless in writing and signed by each of the parties hereto. 27. WAIVER OF BREACH The waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any other breach of any provision of this Agreement. 28. APPLICABLE LAW All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 29. 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. 30. AGREEMENT BINDING ON PARTIES AND HEIRS This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns and successors. 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 not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. 17 32. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement; that he or she has had ample opportunity to discuss its provisions with an attorney of his or her own choice, and has executed it freely and voluntarily. The parties further acknowledge and confirm that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. More specifically, the parties' Interim Agreement of June 13, 2008, is hereby abrogated in its entirety and shall have no legal or binding effect. The parties hereby waive and relinquish any claim against the other arising out of the Interim Agreement of June 13, 2008, in the nature of underpayments, overpayments or otherwise. In the event any provisions of this Agreement conflict with the provisions of the Interim Agreement, this Agreement shall prevail. This Agreement shall be interpreted fairly and simply, and not strictly for or against either of the parties. 33. MUTUAL COOPERATION Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations 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 actually incurred as a result of such failure. 18 34. 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. 35. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 36. EFFECTIVE DATE This Agreement shall become effective and binding upon both parties on the execution date. 37. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE 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 continue in full force and effect in the event of the parties' divorce. 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. 19 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS.: v r CARI L. ZELKO A. SCOTT ZLKO 20 S , 16 STATE OF PENNSYLVANIA ss: COUNTY OF On this, the ????? day of -jam 2009, before me, the undersigned officer, personally appeared CARI L. ZELKO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9, 20 i STATE OF PENNSYLVANIA ss: ?Zu1 COUNTY OF Notary Public On this, the 17 day of 2009, before me, the undersigned officer, personally appeared A. SCOTT ZELKO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC i DERRY TOWNSHIP DAUPHIN COUNT' MY COMMISSION EXPIRES JUNE 9, 20j, :: ODMA1PCDOC51DOCMJ 6970615 21 ct,- HE •1 T/ Gly 2j,,VIS J u 3 F z I: n 3 CARI L. ZELKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-234 CIVIL TERM ANTHONY SCOTT ZELKO, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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 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. Section 4904, relating to unsworn falsification to authorities. Date: July 3 , 2009 (? z CARI L. ZELKO T 2009 AUG -3 Pil . ; 9 1 Q[' 6"'l d ,_ t _ti CARI L. ZELKO, Plaintiff vs. ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-234 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: July 2009y? s CARI L. ZELKO 2099 AUS -3 P 3: 19 CARI L. ZELKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2007-234 CIVIL TERM ANTHONY SCOTT ZELKO, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 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 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. Section 4904, relating to unsworn falsification to authorities. Date: July .27 , 2009 ANTHONY SCOTT ZELKO C, i? ? ?v f- H 2099 UU -3 1':I 'l E 9 TV CARI L. ZELKO, Plaintiff vs. ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-234 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: July _7 , 2009 101AI-0- --- ANTHONY SCOTT ZELKO IHE 2DO9 AUG -3 Fl 3, c 6 CARI L. ZELKO, Plaintiff vs. ANTHONY SCOTT ZELKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-234 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section X 3301 c ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on January 22 2007. 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 July 27, 2009 ; by Defendant July 27, 2009 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: Defendant: 4. Related claims pending: ; (2) date of service of the Plaintiffs affidavit upon the ZI09 G -J; 'i"1 ti. 2 it CARI L. ZELKO V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ANTHONY SCOTT ZELKO : NO. 2007-234 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that CARI L. ZELKO , plaintiff, and ANTHONY SCOTT ZELKO , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Marital Settlement Agreement dated 27 July 2009, is hereby incorporated into the Final Divorce Decree. By the Court, Attest: J. Prot onotary ? ? ? ??a?? ? ???? ?.? ? ?s