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HomeMy WebLinkAbout07-0240a Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Ol - ?U? O-L"?, MARGARET R. SLIFKA, CIVIL ACTION -LAW Defendant 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 o relief requested in these papers by the Plaintiff. You may lose money or property or other rights mportant to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown Of the marriage, you may request marriage counseling. A list of marriage counselors is available the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PR PERTY, 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. I IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEl OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 E THE HELP. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET R. SLIFKA, Defendant NO. v i CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is John S. Slifka, an adult individual residing at 5516 Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. a Jenkins Drive, Defendant is Margaret R. Slifka, an adult individual residing at 5516 General Jenkins Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 4, 1984 in Yo 5. There are two (2) minor children born of this marriage: John S. November 20, 1989; and Marisa A. Slifka, born November 24, 1992. of Ohio. Slifka, Jr., born 6. The parties separated on December 23, 2006. 7. There have been no prior actions for divorce or annulment 8. Neither Plaintiff nor Defendant is in the military or naval service of, or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of he parties. United States Congress of tiff has the right iff 0 Complaint are iliati6n exists. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in al 3301 of the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint herein by reference thereto. with 3 incorporated 2 13. The Plaintiff requests the Court to equitably divide, distribute or property between the parties in such proportion as the Court deems just after relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said with Section 401(d) of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, John S. Sliflca, prays this Honorable Court to A. Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; and C. Awarding other relief as the Court deems just and reasonable. Dated: 1 l 2007 Barbara Sumple-Sullivan, Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17( (717) 774-1445 Supreme Court I.D. No. 3 3 ;ian the marital of all in accordance ;r judgment: 1931 7 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLV NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and i may request that the Court require that my spouse and I participate in counseling. 2 that I I understand that the Court maintains a list of marriage counselors lin the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: //- 0 7 S. SLIFKA Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717)774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL% NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, JOHN S. SLIFKA, hereby certify that the facts set forth in the foregoing DIVORCE are true and correct to the best of my knowledge, information and that any false statements made herein are subject to penalties of 18 Pa. C.S.A. to unsworn falsification to authorities. Dated: /- /l , 2007 SLIFKA LAINT IN I understand 4904 relating Q ? \V a c C N O = F : - -_77 C ?•?' Jrn ca Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET R. SLIFKA, Defendant : NO. 07 - 240 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7004 2890 0002 8467 0733, Return Receipt Requested, on the above-named Defendant, Margaret R. Slifka, on January 17, 2007 at Defendant's last known address: 5516 General Jenkins Drive, Mechanicsburg, Pennsylvania 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unworn falsification to authorities. Dated: January ?J 2007 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 M - Rt UtIPA r%- omestic Only, Mail Provided) 0 For delivery information visit our websi te at ' {?- tt 'VT' MY : m . CO Postage $63 $I l . f tf3 ji f L f3 O Certified Fee C3 0 Return R {Endorsement R equ reo 1CO i Here ! y c ?91 Ir CO (E eS ream nt R3r) Fee 3 71:1 Z <?J. O ?G M Total Postage & Fees • 5u X31 / Z =- • ) ° o Sent To MAA?6,9r,-F7- P_ SUFkP ~ ... - or PO t? No. ;? J Lo ' 12C?t-G ?T?ki NS X??. 0 ?e Pftems1t 2, and 8. Also complete ¦ Print your e= led aodvery is desired. dnNs so that we can r um on the reverse ¦ Attach this card to the back ceo of to you. iW the mailpiece, or on the front if sPace Penrrits . 1. ArtWe Addrea to: 55 ! (p P PW5e>%1L t4 1-70610 ' RESTRICTED 1) ' (VERY 2. Article tVtrrrWr Mwlstr,.rywn so 700 Ps Form 3811 iF.en+.,y Font X 7AQ bred by( hi» I Memel C. Date of ?•?--? DWvery eddreeedlnererrt 1? ? Yes ' w: D ' ?' 0 Z its a certnied Mau D Pres. Mep 9Z ror Mw*w db, D d Mrs D aao. 4 2890 0002 8467 0733 f Rt 10a".Oe-Wu w EXHIBIT "A' t? t-- ? rig w ,. iV .z? ?..+ --r ? _ ? `? _... `^ •-?: Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MARGARET R. SLIFKA, Defendant NO. 07 - 240 CIVIL ACTION -LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS UNDER THE DIVORCE CODE OF 1980 AND NOW, this 9`h day of January, 2009, comes Plaintiff, John S. Slifka (hereinafter referred to as "PETITIONER"), by and through his attorney, Barbara Sumple-Sullivan, Esquire and files this Petition Raising Marital Claims Under the Divorce Code of 1980 and in support thereof states as follows: 1. A Complaint in Divorce was filed on January 12, 2007. 2. Petitioner is the Plaintiff in the above action. 3. Respondent is the Defendant in the above action. 4. Petitioner requests the Court to enter an order granting support, alimony pendente lite and alimony to your Petitioner as the Court deems reasonable pursuant to Sections 3701 and 3702 of the Divorce Code of 1980, together with any amendments thereto. 5. Petitioner lacks sufficient assets to provide for his reasonable needs and is unable to support himself fully through appropriate employment. 6. Respondent has sufficient assets to provide continuing support, alimony pendente lite and alimony for Petitioner. WHEREFORE, Petitioner requests your Honorable Court to enter an award of alimony pendente lite and/or spousal support, until final hearing, and thereupon enter an award of alimony. Respectfully submitted, DATE: January 9, 2009 Barbar,f Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 2 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MARGARET R. SLIFKA, Defendant NO. 07 - 240 CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, John S. Slifka, hereby certify that the facts set forth in the foregoing PETITION RAISING MARITAL CLAIMS are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: , 2009 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET R. SLIFKA, Defendant NO. 07 - 240 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing PETITION RAISING MARITAL CLAIMS in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED: January 9, 2009 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 S U pet ro 1*4 F r*?z c_ se. 0 JOHN S. SLIFKA, Plaintiff Vs. MARGARET R. SLIM John S. Slifka respect to the following claims: appoint a master with Divorce f*Distribution of Property () Annulment 9 support (3 Alimony O Counsel Fees Alimony Pendente Lite (} Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) 0woma appeared in the action k3umW (by attomey, Carol J. Lindsay , Esquire). (3) The Staturory ground (s) for divorce (s) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: Distribution of Property; Support, Alimony, and Alimony Pendente Lite (5) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one (1) amn* (days). () Additional information, if ; aq, ree -evant to the motion: Date: April / , 2009 Print Attorney Name ......... van, ORDER APPOINTING MASTER AND NOW, , 20 09 Esquire is appointed master with respect to the following claims: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 07 - 240 Defendant MOTION FOR APPOINTMENT OF MASTER (plaintiff) ([), moves the court to By the Court: THE ?77 2609 A 'APR 13 2009 JOHN S. SLIFKA, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. 07 - 240 MARGARET R. SLIM, Docket No. Defendant MOTION FOR APPOINTMENT OF MASTER John S. Slifka (Plaintiff Mme), moves the court to appoint a master with respect to the following claims: Divorce ([Distribution of Property () Annulment (4Support ( Alimony O Counsel Fees Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) ftoma appeared in the action Owmd* (by attorney, Carol J. Lindsay - , Esquire). (3) The Staturory ground (s) for divorce (4) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: Distribution of Property; Support, Alimony, and Alimony Per)dente (S) The action (involves) (does not involve) complex issues of law or fact (6) The hearing is expected to take one (1) &mw* (days). (7) Additional information, if _,eq, want to the motion: Date: April / . 2009 Print Attorney Name ......... AND NOW, to , 20 09-----,. is appointed mast with respect to the following ,Esquire By the Cour( < ?O a 0 Lite FILED-OFFICE OF THE FR'CT13 1CTARY 2009 APR -9 PH 1= IS CUM`- 77) C'3 i -.., ? .,J ? N ? JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA o1-a4o V. CIVIL ACTION - LAW NO.-f 6- 1 CIVIL MARGARET R. SLIFKA, Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, MARGARET R. SLIFKA, also known as MEG R. SLIFKA, [select one by marking "x"] X prior to the entry of a Final Decree in Divorce, OR after the entry of a Final Decree in Divorce dated SAID11S, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 West High Street Carlisle, PA hereby elects to resume the prior surname of MEG RIELEY and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: v? l Q 7 G? K ??- Margaret R. SI ka ifka Meg R. ke"al MEG RIELEV COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the 019 day of , 2009, before me, the Prothonotary or the notary public, personally ap eared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Official Seal. 0, Mary Public NOTARIAL 9EZ- BARBARA L STEEL, Notary Public Carlisle Boro, Cumberland County, W My Commission Expires June 7, 2011 FlLED-QLFF:CE OF TH- Fr(n-,r-, :!')TAY 2009 JUNI 3"0 PM 2: 10 1 (.OC> PO ATr%f c1c# OZ&Oc)(o 5 zr* aA74 is Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 240 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: ?? Z// NK?1 MARGARET R. IFKA IL -D 'E i; nr f r P i`)T nN!(}T tY 2009 DEC ! 14 P 2: 4 2 PLEAicy L) d t r .. ?;,",. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 240 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: N MARGARET . LIFKA FILED-Oi :r iF It' Flr.,nit. rv?OT`PY 2009 DEC 14 Pii 2' 4 2 JOHN S. SLIFKA, Plaintiff VS. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 240 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /7 4 day of )Cjjfee2h.Z4gdZ , 2009, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated December 11, 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, Edg cc: Barbara Sumple-Sullivan At orneY for Plaintiff Carol J. Lindsay Attorney for Defendant (...d t eS /Ac-u I ?- 711- A?-? B. Bayley, P.J. ALEC" -;3 OF THE 2009 DEC 17 Pl'i 2: 01 CUN;L +'' ! v6'i'iWVk `3!A JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. -eS3=8291 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this / I day of ,. / , 2009, between MARGARET R. SLIFKA, now MEG RIELEY, of 15 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JOHN S. SLIFKA, of 414 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 4, 1984 in Youngstown, Ohio; and R.2: Since separation, Wife has resumed her prior name and is now known as MEG RIELEY. R.3: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-240, Civil Term; and R.4: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. 1 R5: The parties also desire to settle their issues of custody and support of their minor child, MARISA SLIFKA, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. Husband will transmit the record promptly so that the Decree in Divorce may be entered. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 5516 General Jenkins Drive, Mechanicsburg, Pennsylvania. The marital home was sold and the proceeds escrowed. From the proceeds, the parties will reimburse an account for their son, John Slifka, Jr., in the amount of $3,924.00, and an account for their daughter, Marisa Slifka, in the amount of $2,679.00. The 2 balance remaining in the escrow account will be equally divided between the parties. Wife will retain the Williamsburg time share owned by the parties. As soon as possible, but at least by December 31, 2009, she will prepare whatever documents are required to transfer the time share into her name only and Husband will promptly sign those documents. Wife is and shall be solely responsible for any charges or fees related to the Williamsburg time share. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Husband warrants that he has paid all fees, taxes or other obligations on account of two timeshares which have been deeded back to the timeshare companies in exchange for certain fees which Husband has paid and for which he has claimed credit in equitable distribution. With regard to all expenses, charges and obligations relating to the two timeshares, Husband indemnifies and holds Wife harmless. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 12, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. D. Credit Card Debt: The parties warrant, one to the other, that all joint credit cards have been closed and the accounts terminated. 3 (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. The parties acknowledge and agree that each has disposed of the vehicle which he or she took at the time of the parties' separation and that they presently own vehicles in their own names which may be encumbered with post-separation debt. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. The parties warrant that all joint accounts have been closed or transferred into the sole ownership of one or the other party. A. Investment Accounts: Wife will receive the joint MML Investor Services, Inc., account number -3390, valued at approximately $11,500.00 on June 30, 2009 and Husband will receive the joint Merrill Lynch account, -39961, in the approximate amount of $8,000.00 on June 4 30, 2009. The parties will promptly execute any documents required by MML and Merrill Lynch to transfer ownership pursuant to this Section. B. Retirement Benefits: During the marriage, both parties secured certain retirement benefits and assets. These benefits and assets are as follow: 1. Benefits to be maintained by Husband: a. Andersen Window pension; b. Balance of the MML Investors IRA (Account No. -504) after rollover of the sum of $80,000.00 to Wife by a tax free rollover as set forth below; C. Mass Mutual Variable Annuity (Account No. -821); and d. Mass Mutual Fixed Annuity (Account No. -031). Wife does hereby waive any and all claims to the above referenced retirement benefits of Husband and it is acknowledged that said benefits and assets shall be the sole and separate property of Husband. 2. Benefits to be maintained by Wife: a. PSERS Pension; b. American Funds IRA (Account No. -207); and c. Rollover of $80,000.00 from Husband's MML Investor's IRA (Account No. -504) as noted above. Husband does hereby waive any and all claims to the above referenced retirement benefits of Wife and it is acknowledged that said benefits and assets shall be the sole and separate property of Wife. Both parties shall cooperate with their joint financial advisor to effectuate a tax free rollover of the sum of $80,000.00 from Husband's account to a qualified account of Wife. This rollover shall occur no later than thirty (30) days from the date of entry of the divorce. Wife agrees to hold 5 Husband harmless from any liability in the form of tax, interest and penalties he might incur as a result of the event that said rollover results in liability to Husband for any reason. C. Life Insurance: Husband will retain the Prudential Life Insurance policy, number -4180, in the approximate amount of $27,000.00, his two term life insurance policies with Mass Mutual and First Colony. Wife will retain her Prudential Financial Insurance policy, number - 5163, with the approximate cash value of $6,500.00 and her Mass Mutual and School District life insurance policies as well. D. Credits: The parties have each claimed credits, one from the other, for certain expenses that they have paid on behalf of the other party and the children during the period of separation. The distribution set out herein takes into account those credits and the parties waive any claim they may have, one against the other, for such credits. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor child, MARISA SLIFKA, bom November 24, 1992, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Wife shall have primary physical custody of Marisa and Husband shall have custody of Marisa at such times as he and Marisa, after consultation with Wife, can agree, in the manner the parties and Marisa have been conducting themselves since the parties' physical separation. (9) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support and maintenance of their minor child, the sum of Five Hundred Fifty and 00/100 ($550.00) Dollars per month. The parties will divide any extraordinary medical and/or dental expenses which exceed $250.00 per year which shall be Wife's obligation to pay, with Wife paying 70% of any such unreimbursed expenses and Husband paying 30%. Wife will maintain medical, vision and dental insurance for the child. The child support described herein shall be offset against Wife's obligation for alimony as 6 set out in paragraph (10) below. Wife will be solely responsible for payment of tuition and fees for Marisa at Trinity High School for the 2009-2010 school year. Husband will be solely responsible for payment of the tuition for the 2010-2011 school year and Wife will pay school fees for that year. It is the negotiated intention of the parties that Wife shall not seek an increase in the amount of child support through the period of June 1, 2011. Alimony and property division were predicated upon this representation. In the event that Wife does breach this Agreement by seeking a review of this child support order for any reason, Wife shall be obligated to pay to Husband an additional $2.00 as alimony for each dollar she actually receives in increase for the child support amount due for Marisa. This paragraph shall be null and void, however, in the event that a child support review is filed with Domestic Relations and arises out of a change in the custodial arrangement of primary custody of Marisa from Wife. (10) ALIMONY: Wife shall pay to Husband as alimony the sum of Five Hundred Fifty and 00/100 ($550.00) Dollars per month commencing the first day of December 2009 and continuing in equal amounts on the same day of each subsequent month for twenty-one months, the last payment being on May 31, 2011. Thereafter, for every month Husband is not employed in a job paying $50,000.00 per year, Wife will pay alimony in the amount of $400.00 per month, for a period not to exceed one year so that Wife's obligation for alimony shall terminate on May 31, 2012. Said alimony shall also terminate upon the death of Wife, the death of Husband, or the remarriage or cohabitation of Husband with a member of the opposite sex not within the degrees of consanguinity. It shall not be modifiable. While Wife is paying alimony at the rate of $550.00 per month, neither alimony nor child support shall be enforced through the Office of Domestic Relations. The alimony payment set out herein shall be taxable to Husband and deductible to Wife on their Federal income tax returns. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by Barbara Sumple-Sullivan, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall file separate income tax returns for the tax years ending December 31, 8 2009. Husband will take the parties' son, John Slifka, Jr., as a dependency exemption on his return and Wife will take the parties' daughter, Marisa Slifka, as an exemption on her return. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 9 of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widowers rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 10 G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. II (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: LIC 6:?? w/01 Margar R. Slifka, no 12 r r- 1-17 A 1i I 2009 DEC 17 P 2: 0 7 CUP, ,,ffy Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 240 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 12, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: Z T - APY 2009 DEC 1 8 °NI 1: 20 Cup ? .?i?1fY Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 240 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: //- q, 0 I t-- Ri7 20G9 OF-C 18 PH 1* 20 f ?" .. . 1.-. , . . k-? JOHN S. SLIFKA, Plaintiff V. MARGARET R. SLIFKA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-6231 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this // day of. &f0tJ---" , 2009, between MARGARET R. SLIFKA, now MEG RIELEY, of 15 Hope Drive, Boiling Springs, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JOHN S. SLIFKA, of 414 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on August 4, 1984 in Youngstown, Ohio; and R.2: Since separation, Wife has resumed her prior name and is now known as MEG RIELEY. R.3: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 07-240, Civil Term; and R.4: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. 1 R5: The parties also desire to settle their issues of custody and support of their minor child, MARISA SLIFKA, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. Husband will transmit the record promptly so that the Decree in Divorce may be entered. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 5516 General Jenkins Drive, Mechanicsburg, Pennsylvania. The marital home was sold and the proceeds escrowed. From the proceeds, the parties will reimburse an account for their son, John Slifka, Jr., in the amount of $3,924.00, and an account for their daughter, Marisa Slifka, in the amount of $2,679.00. The 2 balance remaining in the escrow account will be equally divided between the parties. Wife will retain the Williamsburg time share owned by the parties. As soon as possible, but at least by December 31, 2009, she will prepare whatever documents are required to transfer the time share into her name only and Husband will promptly sign those documents. Wife is and shall be solely responsible for any charges or fees related to the Williamsburg time share. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Husband warrants that he has paid all fees, taxes or other obligations on account of two timeshares which have been deeded back to the timeshare companies in exchange for certain fees which Husband has paid and for which he has claimed credit in equitable distribution. With regard to all expenses, charges and obligations relating to the two timeshares, Husband indemnifies and holds Wife harmless. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on January 12, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. D. Credit Card Debt: The parties warrant, one to the other, that all joint credit cards have been closed and the accounts terminated. 3 (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. The parties acknowledge and agree that each has disposed of the vehicle which he or she took at the time of the parties' separation and that they presently own vehicles in their own names which may be encumbered with post-separation debt. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. The parties warrant that all joint accounts have been closed or transferred into the sole ownership of one or the other party. A. Investment Accounts: Wife will receive the joint MML Investor Services, Inc., account number -3390, valued at approximately $11,500.00 on June 30, 2009 and Husband will receive the joint Merrill Lynch account, -39961, in the approximate amount of $8,000.00 on June 4 30, 2009. The parties will promptly execute any documents required by MML and Merrill Lynch to transfer ownership pursuant to this Section. B. Retirement Benefits: During the marriage, both parties secured certain retirement benefits and assets. These benefits and assets are as follow: 1. Benefits to be maintained by Husband: a. Andersen Window pension; b. Balance of the MML Investors IRA (Account No. -504) after rollover of the sum of $80,000.00 to Wife by a tax free rollover as set forth below; C. Mass Mutual Variable Annuity (Account No. -821); and d. Mass Mutual Fixed Annuity (Account No. -031). Wife does hereby waive any and all claims to the above referenced retirement benefits of Husband and it is acknowledged that said benefits and assets shall be the sole and separate property of Husband. 2. Benefits to be maintained by Wife: a. PSERS Pension; b. American Funds IRA (Account No. -207); and c. Rollover of $80,000.00 from Husband's MML Investor's IRA (Account No. -504) as noted above. Husband does hereby waive any and all claims to the above referenced retirement benefits of Wife and it is acknowledged that said benefits and assets shall be the sole and separate property of Wife. Both parties shall cooperate with their joint financial advisor to effectuate a tax free rollover of the sum of $80,000.00 from Husband's account to a qualified account of Wife. This rollover shall occur no later than thirty (30) days from the date of entry of the divorce. Wife agrees to hold 5 Husband harmless from any liability in the form of tax, interest and penalties he might incur as a result of the event that said rollover results in liability to Husband for any reason. C. Life Insurance: Husband will retain the Prudential Life Insurance policy, number -4180, in the approximate amount of $27,000.00, his two term life insurance policies with Mass Mutual and First Colony. Wife will retain her Prudential Financial Insurance policy, number - 5163, with the approximate cash value of $6,500.00 and her Mass Mutual and School District life insurance policies as well. D. Credits: The parties have each claimed credits, one from the other, for certain expenses that they have paid on behalf of the other party and the children during the period of separation. The distribution set out herein takes into account those credits and the parties waive any claim they may have, one against the other, for such credits. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor child, MARISA SLIFKA, bom November 24, 1992, shall be joint, with both parties having the right to make major parenting decisions affecting the child's health, education and welfare. Wife shall have primary physical custody of Marisa and Husband shall have custody of Marisa at such times as he and Marisa, after consultation with Wife, can agree, in the manner the parties and Marisa have been conducting themselves since the parties' physical separation. (9) CHILD SUPPORT: Husband shall pay to Wife for the use, benefit, support and maintenance of their minor child, the sum of Five Hundred Fifty and 00/100 ($550.00) Dollars per month. The parties will divide any extraordinary medical and/or dental expenses which exceed $250.00 per year which shall be Wife's obligation to pay, with Wife paying 70% of any such unreimbursed expenses and Husband paying 30%. Wife will maintain medical, vision and dental insurance for the child. The child support described herein shall be offset against Wife's obligation for alimony as 6 set out in paragraph (10) below. Wife will be solely responsible for payment of tuition and fees for Marisa at Trinity High School for the 2009-2010 school year. Husband will be solely responsible for payment of the tuition for the 2010-2011 school year and Wife will pay school fees for that year. It is the negotiated intention of the parties that Wife shall not seek an increase in the amount of child support through the period of June 1, 2011. Alimony and property division were predicated upon this representation. In the event that Wife does breach this Agreement by seeking a review of this child support order for any reason, Wife shall be obligated to pay to Husband an additional $2.00 as alimony for each dollar she actually receives in increase for the child support amount due for Marisa. This paragraph shall be null and void, however, in the event that a child support review is filed with Domestic Relations and arises out of a change in the custodial arrangement of primary custody of Marisa from Wife. (10) ALIMONY: Wife shall pay to Husband as alimony the sum of Five Hundred Fifty and 00/100 ($550.00) Dollars per month commencing the first day of December 2009 and continuing in equal amounts on the same day of each subsequent month for twenty-one months, the last payment being on May 31, 2011. Thereafter, for every month Husband is not employed in a job paying $50,000.00 per year, Wife will pay alimony in the amount of $400.00 per month, for a period not to exceed one year so that Wife's obligation for alimony shall terminate on May 31, 2012. Said alimony shall also terminate upon the death of Wife, the death of Husband, or the remarriage or cohabitation of Husband with a member of the opposite sex not within the degrees of consanguinity. It shall not be modifiable. While Wife is paying alimony at the rate of $550.00 per month, neither alimony nor child support shall be enforced through the Office of Domestic Relations. The alimony payment set out herein shall be taxable to Husband and deductible to Wife 7 on their Federal income tax returns. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by Barbara Sumple-Sullivan, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the 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. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties shall file separate income tax returns for the tax years ending December 31, 8 2009. Husband will take the parties' son, John Slifka, Jr., as a dependency exemption on his return and Wife will take the parties' daughter, Marisa Slifka, as an exemption on her return. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all 9 of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; 10 G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. 11 (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: M"A"t elj/ f ""' Margar . Slifka, no Meg Rieley n 'I A S. Slifka 12 :fit 29+=r I ?3?i I : 2 u 'i Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07 - 240 MARGARET R. SLIFKA, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail Restricted Delivery on January 20, 2007. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff December 4, 2009; by Defendant December 11, 2009. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Property Settlement and Separation Agreement dated December 11, 2009 and incorporated, but not merged, into the Decree. See paragraph 20, page 11. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: December 18, 2009. Date Defendant's Waiver of Notice m7 Divorce was filed with Prothonotary: December 14, 2009. DATE: December 17, 2009 " Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff 6% Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN S. SLIFKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET R. SLIFKA, Defendant : NO. 07 - 240 CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record in the above-captioned matter upon the following individual(s) by first class mail, postage prepaid, addressed as follows: Carol J. Lindsay, Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 DATED: December 17, 2009 (717) 774-1445 Supreme Court I.D. No. 32317 2 l3arbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 ALEI' to TAPY 20 r), 0E:C 18 PN 1: 21 . _?r. f NV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN S. SLIFKA V. MARGARET R. SLIFKA NO 07 - 240 DIVORCE DECREE AND NOW, ?0 , it is ordered and decreed that JOHN S. SLIFKA plaintiff, and MARGARET R. SLIFKA , 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.") None. All matters have been resolved between the parties pursuant to the Property Settlement and Separation Agreement dated December 11, 2009 and incorporated, but not merged, into the Decree. e Court, Attest: J. Prothonotary 12 -3©`©? S `,