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HomeMy WebLinkAbout95-04989 j1 l . . ! ~\ j \ d S i ~ \ \ Jl , I . I I , I , i , I . 0- 1 (y): ~i l ! J t{) .CT I . I .~~.,~..~.~.~.~***~*******.~..*.~*****~.,~*~~ .. '.", ~,~.~. ~'--'~ .- ."..- --.. _..........-_."._~-._. -._.-"~' .' .,~.-.~.."" ~..~_._- ~.-'--~' -, .... ~ ~l "I ~ ~ ~ M ~! . ; "1 "I ~ ~ ~ 8 18 )~ I. IT IS FURTHER ORDERED. thatthe.t.erm.s... .c.on.di.t.i.o.ns.a.n.dc.o\,e.tW'~1\ .I\~t, ,(ql;~" ,in the ',~ written Marital Settlement Agreement made and entered into by the parties on I. March 15. 1999. are incorporated into this .()e.cr-ee . .erence .thereto,' .but not )~ merged into this Decree, ~ ~. ~ ',', IN THE COURT OF COMMON PLEAS ~i . . ~; . , wi :::1 ,,; . ! ~i ,'J ,/ ~) ',OJ ~~ ~I "I V " ~~ ~I "'( ~? . i ~I ,,/ OF CUMBERLAND ~ STATE OF ~ COUNTY PENNA. KELLY ANN MARKOSEK. i\ (), 95-4989 It} Plaint if f \'(,I',"\l~ JOSEPH F, MARKOSEK. Defendant ~I ".; ~; '..;, DECREE IN D I V 0 R C E d-11:3tJA./VI ~~.~.:3.... 197.1.., it is ordered and . , *i ,,/ : / ... ~: M( ::.1 ~I Ml . i ~~ .. ~ AND NOW. . . . decreed that . ..KellyA~~Har~~sek. . . . .. . . . . . . . . . . . . . . . . .. . ..., plaintiff. and. . . . . Joseph. F... ~~!-,~~s~k . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. defendant. are divorced from the bonds of matrimony, ~ w " The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None, ,;, " . :,.- Bv Th Atte't:4 J. :8 :~ i~ ~ .:.;. .:.:. .:.;. '*, ,:Ia:. .:.:. .:.:' ... -:.;. Prothonotary :.: :.: .:.;. -:.;. ,~;. .:.=. .:.;. .:.:- .:.:-:.;.:.:- .:.: -:.;. ,~ I~ I~. ~ I;' lw " ~ 'i ~ ~, .;, ~ ~ ~ )~ i. i~ !~ /" t~ i* l~ l'~ /~ I~ !M !~ 1M i~ !~ ~ M l~ 8 ~ ~ is ) " "i"IIi J ....)'I,ff 6d ~ M~ ~ ait. ~ 3bJfll'f ~ ~~4 ~~ Draft #4 March 1. 1999 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ty of ~ 1999. by and between Joseph Francis Markosek, hereinafter referred to as MHusbandM, and Kelly Ann Markosek, hereinafter referred to as MWifeM, WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 10, 1988; and WHEREAS, certain differences arose between the parties as a result of which they separated on September 19. 1995, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including. without limitation by specification: the settling of all matters between them relating to the past, present and future support andlor maintenance of Wife by Husband or of Husband by Wife; and in general the sattling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, John 0, Finnegan. Esquire. and Wife by her attorney, Edward J, Weintraub, Esquire, have come to the following agreement, NOW THEREFORE. in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant. promise and agree as follows: ~(I'itl"'l /It(;i, (Initials) '- Oml\ #4 March I. 1999 1, SEPARA TION: It shall ba lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 1.-.h(lnitiatS) 2 /U-l...J"l'{ (Initials) '- 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since September 19, 1995, she has not, and in the future, she will not, contract or incur any debt 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, 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since September 19, 1995, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, Draft #4 March I, 1999 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: DESCRIPTION AMOUNT PERSON(S) NOW RESPONSIBLE A, Mortgage 207 Glenwood $49.000 (est) H&W B, Capital Gains Tax $9.251 H&W The parties agree that Husband shall be solely responsible for paying debts A and B above and any marital liabilities of the parties incurred prior to September 19, 1995. Husband agrees to pay all of the above outstanding joint debts and further agrees to indemnify and save harmless wife from any liability for such debts or obligations, In the event that either party contracted or incurred any debts, other than those specifically identified herein since September 19, 1995. the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts, 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1990, Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors. administrators and assigns. release and discharge the other of and from all causes of action. clairns, rights or demands whatsoever in law or equity. which either of the parties ever had or now has ..'lJ-N1 (Initials) l:/, II , (Initials) ~ 3 -- Draft #4 March 1, 1999 against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement, Each party also waives his or her right to request marital counseling pursuant to 23 Pa,C,S,A, Section 3302, 7. EOUITABLE DISTRIBUTION: A. Wife agrees to transfer to Husband all of her interest in and title to their jointly-owned real estate at 207 Glenwood Drive, Monroeville, Allegheny County, Pennsylvania subject to the mortgage of approximately $49,000.00 Dollars given to Standard Savings & Loan, in exchange for which Husband agrees to be solely responsible for the payment of all future mortgage payments, taxes, insurances and utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligations on said premises and agrees to indemnify Wife from any loss by reason of any default in payment and agrees to save Wife harmless from any future liability with regard thereto, (1) Wife shall sign and deliver to her counsel a deed to be prepared by Husband's counsel transferring and conveying to Husband all of their right, title, claim and interest in and to the real estate located at 207 Glenwood Drive, Monroeville, Allegheny County, Pennsylvania, The deed shall be delivered to Husband's counsel in sufficient time for Husband to close his refinancing, now scheduled for Mach 11, 1999, After delivery of the deed, Husband shall be the sole owner of the real estate and shall be permitted to record the deed and take any other action with respect thereto that he deems appropriate, Simultaneously with delivery of the deed to Husband's counsel, he shall deliver to Wife's counsel a "deed back,. prepared by counsel for Wife, which may be recorded by counsel for Wife, to revert the property to joint names, in the event that Husband fails to transfer to Wife within ninety (901 days of the date of this Agreement the investment assets she is to received under subparagraph 7G as hereinafter provided, y? -I f!1(1nitials) / oJ / 'j ~ II" (Initials) '- Draft #4 March \, \ 999 121 Wife agrees that upon the execution of the deed, Hu,b.nd ,h.1I b. "m. tho '0" own" o' onv .nd ,II hom.oW"'" polio''', titi. poll"" ,nd .nv oth" pollO'l o""u"no' wl.h ,..p'" to th' ",' .."" ond ,h,1I b' entitled to receive any payments noW or hereafter due under such insurance policies. (31 Husband shall promptly apply for refinancing to satisfy 0' ..01' oth.",'" within n'''W 190' dnv' o. "..ution o. thi' '9,..m.m ob"" Wi.,', ",.... "9"din9 tho ,,'otln9 mortg,g.t,' on 207 G'onwood O,iv" MomoOVIil., Al,..honV CounW, ponn"",von", p.nding ..",.mom on Hu,bond',..W Ii..no'ng, ho ,hol' "mlnu' to b. .."'V ",po"ibi. '0' tho ,,'ot'ng mortg,g" i"u"no., t"" .nd other charges associated with the property, B, Florida Condo: Husband and Wife acknowledge their mutual sale of their N'P''', Aorid. ,ondo .nd ..".mont "g"ding tho di,pooltion o' tho p,oooed' .nd satisfaction of all tax liabilities relating thereto, C, 1, Contents of The Marital Residence: As of the date of the execution of this Agreement. Wife shall ..t ov'" u.,,'" ond ..,Ign to Hu,bond ,II o' hot ,igtit, titi., ".im ond im"'" in.nd to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, 2. Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband ,bOil ..t ov", t"",,,, ond ...ign to Wit. .11 o' h" ,igh', tit'" "oIm ond Im,"",t 'n ond to tho 'vmitv", 'oml,hing" lixtu'''' good', ..pll'no'" .Quipmon,.nd p"....1 items within Wife's residence, 0, Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: ( , 1 Husband shall retain the Buick LeSabre, ;):r- It! (Initials) , . 1&\ If \. (Initials) ~ 5 Draft #4 March I, 1999 (2) Wife shall retain the Buick Somerset, (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle, E. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of his /her IRA's, pensions and employment benefits, including specifically Husband's retention of his entire SERS Pension and deferred compensation, Wife expressly acknowledges her waiver of any spousal interest in Husband's retirement assets, F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts have been or shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any remaining joint accounts, G, Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement, Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to dvidence the transfer of any and all rights in such property from Husband to Wife, Simultaneously with the execution of this agreement, Husband and/or the parties shall take those steps necessary, at Husband's cost, as soon as practical to rollover, assign or to otherwise immediately transfer to Wife: a) One Hundred Percent (100%) of the PNC Securities, bl One Hundred Percent (100%) of the Paine Webber account. ....;)f.11ft Initials) , (..-. 6 / iL...1_L~nitials) Dmfi #4 March I, 1999 c) Forty-Three Percent (43%) of the Smith Barney Account. d) One Hundred Percent (100%) of MFS Group (NOT RIA), e) Forty-Four Percent (44%) of the Enterprise Account, Although tha parties valued their assets as of August, 1 998, it is their intention that Wife shall receive the indicated percentages of the present value of these assets, which will reflect there investment performance to the date of actual transfer. Upon satisfactory transfer to Wife within ninety (90) days of this Agreement of the aforementioned assets, counsel for Wife shall void and deliver to counsel for Husband for destruction the "deed back" contemplated by subparagraph 7(A)(1 ), H, Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement, Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband, Specifically, Husband shall retain: a) All of his or the parties U, S, Savings Bonds. b) Fifty-Six Percent (56%) of the Enterprisa Group account, c) Fifty-Seven Percent (57%1 of the Smith Barney account, d) One Hundred Percent (100%) of the Mutual of New York Account, e) Good Shepard Cemetery Plots, /yf;n (Initials) (',/ 7 / <.J.~ ) " (Initials) '- Draft #4 March 1, 1999 I. Mlscellllneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other, J, Tllx Llllblllty: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property, Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns, Both parties acknowledge that each is aware of the tax basis of the assets allocated to each of them and will be separately and solely responsible for any taxable gain realized thereon, 8. LIFE INSURANCE: To secure the payment of child support, post high school education and other needs of his minor child, Brandon Markosek, Husband shall, until the child is twenty-two (221, maintain term insurance of Two Hundred Thousand ($200,000) Dollars, naming irrevocably Wife and PNC Bank as trustees for the child's benefit, Husband may at any time in his discretion substitute for the insurance and transfer to the control of the trustees in the event of his death or disability, other unincumbered assets with a value of $200,000, which the trustees may expend for the child's support, post high school education or other needs, Nothing herein shall be interpreted to negate or diminish the continuing obligation of Husband and Wife to support their child in accordance with any Order of Court or applicable law, Husband shall at least annually, upon request of Wife, produce evidence that all premiums are paid, that the required policy is in effect or that the required assets have been placed in trust, ~(I";'''I'I 8 .I 'J ~ I': Onitials) '- Draft #4 March I, 1999 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party, Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties, Wife specifically acknowledges receipt of an adequate lump sum payment as equitable distribution in lieu of alimony, Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa,C,S,A, Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony following the entry of a final Decree in Divorce between the parties, may not be modified. suspended, terminated. or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife whatsoever, Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony. and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution. or other court order with respect to the terms of this Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband, Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final ,lf~nitiaIS) I) /u \ 1/; (Initials) '- / Draft #4 March I, 1999 settlement and satisfaction of any claims or demands that he may now have or hereafter have against the Wife for support, maintenance or alimony, Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony, Wife acknowledges her waiver and the satisfaction by Husband of his obligation to pay Wife support arrears accrued prior to 1998, 10, HEAL TH INSURANCE: Husband agrees to continue to provide and pay for Wife's medical and hospitalization coverage until entry of a final decree in divorce, Thereafter via COBRA, for 36 months following the entry of a final Decree in Divorce, additional health care coverage may be obtained at the sole cost of Wife, Immediately upon execution of this agreement, Husband shall notify his employer to process Wife's application for continuing health insurance to avoid any gap in her coverage, Any payments for health insurance by Husband during their separation will not be considered alimony and are not included with the income of the Wife within the meaning and intent of Section 71 of the United States Internal Revenue code of 1954 and not deductible from Husband's gross income pursuant to the provisions of Section 21 5 of the United States Internal Revenue code of 1954, 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them, Both parties agree to accept the provisions set forth in this Agreement in Lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties, #ilUonitialS) {/ 10 , / V. \ I I.. (Initials) '- Draft #4 March I, 1999 12. INCOME TAX RETURNS: 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 any assessment of an such tax is made against either of them, each will indemnify and hold harmless the other from and against an loss or liability for any such tax deficiency or assessment and 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 responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability, The parties shall file separately in 1998 and thereafter, Husband acknowledges that he is solely responsible for the parties aforementioned $9,251,00 tax liability and acknowledges Wife's contribution to him of Fifty Percent (50%) of this amount, 13, WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she rnay now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents, 14. CHILD SUPPORT AND COLLEGE EXPENSES Via wage attachment through the Cumberland County Domestic Relations Office, Husband shall continue to pay child support under current Supreme y?t )P((lnitials) V II ..if.. , I /. (Initials) "-..-- Droll #4 March 1. 1999 Court guidelines, As available through his employment, Husband shall continue to pay health insurance for the child until the child is twenty-five (25) or until the maximum age available for dependent children. Should Husband not have insurance through his employment and Wife has comparable coverage for the child through her employer, she shall provide the available coverage, Should neither party have insurance as a benefit of employment, insurance policies providing comparable coverage shall be obtained by Husband and all premiums shall be shared in ratio of the parties net incomes from all sources, In any event, whomever is providing insurance coverage, all uninsured medical, dental, orthodontic, vision, prescription drug and counseling expenses shall be shared in ratio of the parties net income from all sources, Both parties agree that they are desirous of having their son, Brandon, receive a post high school education, including a four (4) year college education, Both parties agree that they shall share equally all reasonable expenses associated with Brandon's post high school educational expenses, or undergraduate college expenses, including tuition, books, fees, room, board, transportation, clothes and educational materials, unless directed otherwise by a Court of competent jurisdiction based upon the respective income and assets of the parties at that time, 15, CHILD'S ASSETS The parties acknowledge that certain assets have been accumulated and set aside for the benefit of their minor child, Brandon Markosek, date of birth, December 25, 1992, including U.S, Savings Bonds and ten (10) shares of Bell Atlantic stock, These assets shall be delivered to Wife who shall administer all of these assets of the child for the child's benefit and shall expend such funds on the child's behalf only after consultation with Husband. Any new assets of the child set aside after execution of this Agreement shall be administered by the parent creating the asset for the benefit of the child, Husband represents that there are no savings accounts or insurance policies which are assets established or maintained for the benefit of the child, /J!! )'11 (Initials) ( ( 12 / 'J ( I , , (Initials) '- Draft #4 March I, 1999 Regarding any insurance on either parent's life or estate interests for which the child is the beneficiary, each parent will designate the other as joint trustee with PNC Bank to administer any insurance proceeds on behalf of the child, until he shall attain the age of twenty five (25), 16. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement, Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant. covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any pert of this Agreement, 17, SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under 3301 (c) of the Divorce code, ~nitialS) / 13 I <j; ), l (Initials) "- Draft #4 March I, 1999 Simultaneously with the execution of this Agreement both parties will execute Affidavits of Consent and Waiver of Notice to enable counsel for Wife to proceed with a no-fault divorce as soon as possible, providing counsel for Husband with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees, The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties, 18. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other rernedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, Reasonable interest shall be assessed from the date of breach, A, This Agreernent may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law, The parties do not intend or purport hereby to irnproperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one, B, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed b(lnitialS) ;" I' \./ I.J / <.t.l J J : (Initials) '-- Draft #4 March 1, 1999 that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay, C, In the event of a willful breach of this agreement, each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreernent by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful and must have first expended Three Thousand Dollars ($3,000) of his or her own funds, before there would be any liability for the portion of attorney's fees and costs of litigation exceeding Three Thousand Dollars ($3,000), It is the specific agreernent and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement, 19, ADDITIONAL INSTRUMENT: 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, 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable. that it is being entered into voluntarily, with full knowledge of the assets of both parties. and that it is not the result of any duress ~ , ' J}l(1nitials) . , 15 / L 'J . , (Initials) '- Draft #4 March 1, 1999 information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel, 21, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties, Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa,C,S,A, Section 3501 m. ~ or any other laws, Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement, 22. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement, 23, MODIFICA TlON AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the IJ !i/!1(1nitiaIS) 16 hi. I I. (Initials) ......... Draft #4 March I, 1999 provisions of this Agreement shall not be construed as a waiver of any subsequent default of the sarne or similar nature, 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect, 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only, They have no effect whatsoever in determining the rights or obligations of the parties, 26, INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement, 27. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania, 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 29, AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns, l if J'lflbitials) v 17 / \i. I" \ (Initials) ...... Dran #4 March 1, 1999 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, j~h Il(/ Jo eph Francis Markosek (SEAL) I ~ e.. 4r;,,,).~~k., 0 J<-1~AL) elly A~n arkose u Witness \ &J .,# _ ~(Initials) / / <L,j(', (Initials) - (.. 18 Draft #4 March I, 1999 COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF Allegheny BEFORE ME, the undersigned authority, on this 5th day of March , 1999, personally appeared Joseph Francis Markosek, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ~ day of March , 1999. NOIlIrlalSoa' Donna J s...., Notary Public t..tono>ov;lle Boro, ~ Coonly My CommiSSiOn E""... May 13. 2002 Mem"",. ""nnsylvanla AsSOCl8IIOl1 01 NOIanes {' ~,/ ./. /f.' /,' ~'dj '~){, Ie It J<~_ Notary Public m and for the Commonwealth of Pennsylvania COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF I) I \ , \ )~" : .. .! ~' BEFORE ME, the undersigned authority, on this L day of ~\\" I (. ~, , 1999, personally appeared Kelly Ann Markosek, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed, . :l GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS L- day of \)\1\ .', .1999, " \~ .c~ 1. , ".. ,I '. ... otary Public in d for the ,'~, Commonwea1t\'n)f Pennsylva~\ ----, ./ \'1 i \. NQTAn:.\t S~/"~l ["'IY' ,. ,n.. " . " . ~ I, I ' T'( l' i! ,,, Pl;.....".. rh':,;" '~",.~.:/'~>'~~'~::.. ~._-_._-_. KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 96.4989 JOSEPH F. MARKOSEK. Defendant 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 3301 lc) of the Divorce Code, 2. Date and manner of service of the cornplaint: Served upon Defendant. Joseph F, Markosek. by U,S, Mail, certified, restricted delivery on September 23, 1995, 3, Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: March 15, 1999; by defendant: March 5, 1999, 4, Date of execution of the Waiver of Notice required by Section 3301 (c) of the Divorce Code: by plaintiff: March 15. 1999; by defendant: March 5. 1999. 5, Related claims pending: None, 6, Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached, if the decree is to be entered under Section 3301 Id)(l)(i) of the Divorce Code, N/A 7, Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated March 15. 1999, WHEREFORE. the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa, R,C.P, 1920.42(a)(1) and to incorporate the terms of the Separation and Property Settlement Agreement in accordance with Section 301(a)(1) and (4) and 401(bl of the Divorce Code, Dated: ?J. f B. l"1 "\ i~ ( (J..) -. Edward J, Weintraub. Esquire Attorney for Plaintiff Draft 13 - 8/10/95 KELLY ANN MARKOSEK, plaintiff IN THE COURT OF COMMON PLEAS CUMBER~D COUNTY, PENN~YLVANI~ NO. 1J 41 J Ii (lJ,Lt l~ 'J t I ,1'-- CIVIL ACTION - LAW vs. : JOSEPH F, MARKOSEK( 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 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 i~ indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the prothonotary, Cumberland County courthouse, Front and Market Streets, Harrisburg, pennsylvania 17101. 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. COURT ADMINISTRATOR - FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 1701~ (717) 240-6200 KELLY ANN MARKOSEK, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'Y, PENNSYLVANIA NO. CIVIL ACTION - LAW JOSEPH F. MARKOSEK, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Kelly Ann Markosek, who currently resides at 1002 Alison Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Joseph F, Markosek, who currently resides at 171 Glenwood Drive, Monroeville, Allegheny County, Pennsylvania 15146. 3, Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on September 10, 1988, in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6, There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. . . 7, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c\ OF THE DIVORCE CODE 8, The prior paragraphs of this complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievablY broken. 10. After ninety (90) days have elapsed from the date of the filing of this complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing cf this complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 33011d\ OF THE DIVORCE CODE 11. The prior paragraphs of this complaint are incorporated herein by reference thereto. · 12. The marriage of the parties is irretrievably broken, 13. The parties are living separate and apart and at the appropriate time, plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 330l(d) of the Divorce Code. COUNT II I . REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3323, 3501, 3502 and 3503 OF THE DIVORCE CODE 14. The prior paragraphs of this complaint are incorporated herein by reference thereto. 15. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV, REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(0) of THE DIVORCE CODE 16. The prior paragraphs of this . complaint are incorporated herein by reference thereto, 17. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of plaintiff and Defendant. 18. Pursuant to Section 3502 (c.i), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE( Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT V, REQUEST FOR SPOUSAL SUPPORT ANDYOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701. 3702 AND 3704 OF THE DIVORCE CODE 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff is unable to sustain ~erself during the course of litigation. 21. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment, 22. Plaintiff requests the Court to enter an aware of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an aware of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce Code, COUNT VI. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 23. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 24. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences, . 25. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant, 26. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Section 3104 of the Divorce code, the Court approve and incorporate such '" agreement in the final divorce decree. Date: Respectfully submitted: RD J, WEINTRAUB, ESQUIRE 130 Walnut Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR PLAINTIFF q I .~ '" VERIFICATION Plaintiff, Kelly Ann Markosek, verifies that the statements made in this Complaint In Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904, relating to unsworn falsification to authorities. Date: ~ 12 C) J9S' , , I~r>c. n-..........~~.. L elly .tin Markosek KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, CIVIL ACTION - LAW JOSEPH F. MARKOSEK, Defendant IN DIVORCE CERTIFICATE OF SERVICE In accordance with PA.R.C.P. 402 and 412, I, Edward J. Weintraub, Esquire, do hereby certify that on t.he 20 ,"- day of .f-~' 1995, I served a true and correct copy of the within Complaint For Divorce upon Defendant by depositing same in the United States Mail, Harrisburg, Pennsylvania, Certified Mail/Return Receipt Requested, addressed as follows: Hon. Joseph Markosek 191 Glenwood Drive Monroeville, PA 15146 Edward J. Weintrtub, Esquire 130 Walnut Street Harrisburg, PA 17101 (717) 238-2200 Counsel for Plaintiff '. (jiJ ._, .....c... .,,,,,,-.--.,.. .. , .,.' , .1 II]' ;~-;~- SEPZO I 21 f" '95 'n", _,..-. ,:~tL'Oi flCE 01 ", Pi m()N~T4~Y -',\Ir"H,! !,l.ll CrC':!/TY , .:H,b-:~..,\i1iJ. (i~ CW-, t- .- &' '7 > , ,'';-' ......~h~'.'::wc,..,..,.. /Jr j-j ~LJ 0- le), IS: ~ ro. S7J jtY1 ?oJ 'I -; f (5e, ~ HJ ~-~..~.~ ,'wt li". "",._ ..-~,"",,,..,.. ........"":""..."'..''''....- ~ _. ._. -,.......-:.",.. ."",.-.'-~'- _..---~_... ~ - -,,~ - ..........-.. . .......__.. .c..~._.._ _.._.__..___'_ 1 - ~- . . .... . .-'.- '. RELLY ANN MARKOSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4989 CIVIL TERM CIVIL ACTION - LAW VB. JOSEPH F. MARKOSEK, Defendant IN DIVORCE PRAECIPB FOR APPEARANCE TO THE PROTHONOTARY Enter my appearance as counsel for Defendant, JOSEPH F. MARKOSEK, in the above-entitled case. / ;/ 1 J... . /.' fi.~/'l'/ .. /j~~/ JeKn D. Finneqan, Esquire 300 Oxford Drive Monroeville, PA 15146 (412) 856-7340 PA I.D. #00089 ATTORNEY FOR DEFENDANT KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4989 CIVIL TERM CIVIL ACTION - LAW VB. JOSEPH F. MARKOSEK, Defendant IN DIVORCE ARSWIR AND COUKTIRCLAIK TO COMPLAINT UNDIR SECTION 3301 O~ TBE DIVORCE CODE 1. The averment of Paragraph 1 of Plaintiff's Complaint is admitted. 2. The averment of Paragraph 2 of Plaintiff's Complaint is admitted. 3. The averment of Paragraph 3 of Plaintiff's Complaint is admitted. 4. The averment of Paragraph 4 of Plaintiff's Complaint is admitted. 5. The averment of Paragraph 5 of Plaintiff's Complaint is admitted. 6. The averment of Paragraph 6 of Plaintiff's Complaint is admitted. 7. The averments of Paragraph 7 of Plaintiff's Complaint are neither admitted nor denied since the same is in the exclusive 1 knowledge of the Plaintiff. COUHT I. R.gU.IT WOR A HO-WAULT DIVORC. UNDER IICTIOH 3301 (0) OF THI DIVORCI COD. 2 8. In reply to Paragraph 8, Defendant incorporates by reference his answer to Paragraphs 1 through 7. 9. The averment of Paragraph 9 of Plaintiff's Complaint is denied. It is specifically denied that the marriage of the parties is irretrievably broken. 10. The beliefs of the Plaintiff are unknown to the Defendant. It is not the intent of the Defendant at this time to file any Affidavit consenting to a divorce. Rather, it is the intent of the Defendant to reconcile with Plaintiff and maintain all avenues of communication and seek counseling in any way to contribute to a reconciliation of the parties. WHEREFORE, the Defendant requests this Honorable Court to deny the Plaintiff's request to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUHT II R.gUIIT FOR A HO-FAULT DIVORCI UNDER I.OTIOH 3301 (d) OF THI DIVORC. COD. 11. In reply to Paragraph 11, Defendant incorporates by reference his answer to Paragraphs 1 through 10. 12. The averment of Paragraph 12 of Plaintiff's Complaint is specifically denied. It is denied that the marriage of the parties is irretrievably broken. 13. It is admitted that the parties are presently living separate and apart. It is not known whether Plaintiff will submit any affidavit relative to their separation. COUNT I II RBQUBST rOR BQUITABLE DISTRIBUTION or MARITAL PROPERTY UNDER SBCTIONS 3323, 3501, 3502 and 3503 or THB DIVORCB CODB 14. In reply to Paragraph 14, Defendant incorporates by reference his answer to Paragraphs 1 through 13. 15. The averments of Paragraph 15 of Plaintiff's Complaint are requests of the Plaintiff. No response is required. In the event Defendant ever determines that the marriage is irretrievably broken, Defendant will request equitable distribution of marital property. WHEREFORE, Defendant respectfully requests this Honorable Court to deny Plaintiff's request for an order of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. J COUll'l' IV RBQUBST ~OR CONTINUBD MAINTENANCB AND BBNBFICIARY DBSIGNATIONS OF EXISTING POLICIES INSURING LI~B AND HEALTH OF BOTH PARTIES UNDER SECTION 3502(D) OF THE DIVORCE CODE 16. In reply to Paragraph 16, Defendant incorporates by reference his answer to Paragraphs 1 through 15, 17. The averment of Paragraph 17 of Plaintiff's Complaint is admitted. 18. The averment of Paragraph 18 of Plaintiff's Complaint is a request for relief of Plaintiff to which no response is required. In the event a response is required, Defendant requests the Court deny Plaintiff's request for maintenance of health insurance policies. WHEREFORE, Defendant requests that the Court deny Plaintiff's request to enter an order maintaining life and health insurance policies for the benefit of Plaintiff. COUll'l' V RBQUBST FOR SPOUSAL SUPPORT AND/OR ALIMONY PBHDBH'l'B LITE AND ALIMONY UNDBR SBCTIONS 3701, 3702 AND 3704 OF THB DIVORCB CODB 19. In reply to Paragraph 19, Defendant incorporates by reference his answer to Paragraphs 1 through 18. 20. The averment of Paragraph 20 of Plaintiff's Complaint is denied. Plaintiff is completely capable of maintaining herself 4 during the course of litigation, or at any other time. 21. The averments of Paragraph 21 are denied. On the contrary, it is averred that Plaintiff has sufficient property to provide for her reasonable needs and is able to sustain herself through appropriate employment and, indeed, has possesion of certain marital assets, which prior to that time were jointly owned. 22. The averments of Paragraph 22 of Plaintiff's Complaint are requests for relief of the Plaintiff. No response is required. WHEREFORE, Defendant requests that the Court deny Plaintiff's request to enter an award of spousal and/or alimony pendente lite and to deny an order of alimony in her favor. comrr VI RIQUIST POR APPROVAL OP ANY SETTLIMENT AGRIIMIHT AND INCORPORATION THIRIOF IN DIVORCE DBCREB UNDER SBCTION 3104 OF THB DIVORCB CODB 23. In reply to Paragraph 23, Defendant incorporates by reference his answer to Paragraphs 1 through 22. 24. The averment of Paragraph 24 of Plaintiff's Complaint is a conclusion of law to which no response is required. 25. The averments of Paragraph 25 of Plaintiff's Complaint is cdmitted insofar as it states that settlement has been reached aa 5 of the date of filing of the Complaint. It is not known whether Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters. By way of further answer to Paragraph 25, Defendant avers that Plaintiff, without cOlDlllunication to or with Defendant and without Defendant's knowledge, removed marital assets from the marital residence, marital property from bank accounts and removed the parties' child from the jurisdiction where both parties had resided for four and one-half years, which conduct Defendant avers is not indicative of a willingness to negotiate a fair and reasonable settlement of all matters. 26. The averments of Paragraph 26 of Plaintiff's Complaint are requests for relief of the Plaintiff. No response is required. In the event any response is required, Defendant requests this Court to deny Plaintiff's request for relief. WHEREFORE, Defendant requests that the Court deny the Plaintiff's request to approve and incorporate a written settlement agreement or to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUIITBRCLAIK 27. There have been no prior actions for divorce or annulment of marriage between the parties filed in this or any other jurisdiction except as set forth in the Complaint in this action. 6 28. The Defendant has been advised of the availability of counseling and the Defendant may have the right to request the Court to require the parties to participate in counseling. I. IQUITABLI DI8TRIBUTIOK 29. The Defendant hereby incorporates by reference Paragraphs 1 through 28 of the Answer and Counterclaim as though the same were fully set forth at length herein. 30. The Plaintiff and Defendant have acquired property during their marriage. WHEREFORE, Defendant requests this Honorable Court to determine marital property and to order an equitable distribution thereof. Respectfully submitted, re 7 ClaTlrlCAT. or SlaVIC. I, JOHN D. FINNEGAN, ESQUIRE, do hereby certify that a true and correct copy of the foregoing ANSWER AND COUNTERCLAIM TO COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE was served on the following individual on September 9, 1996, by first-class mail, postage pre-paid: EDWARD J. WEINTRAUB, ESQUIRE 2650 North Third Street Harrisburg, PA 17110 KELLY ANN MARKOSEK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No. 95-4989 JOSEPH F. MARKOSEK, Defendant CIVIL ACTION. LAW IN DIVORCE AFFIDA vir OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss, COUNTY OF DAUPHIN , .,i\.1 AND NOW, this '5 - day of (\1(1.(+, , 1999 personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Edward J, Weintraub, Esquire, who being duly sworn according to law, deposes and says that on September 20, 1995, he mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requeated, to the Defendant, Joseph F, Markosek, and the same was received by him on September 23, 1995 as indicated by the return receipt card which is attached hereto. ?~ ( '-. (t~"4 - Edward J. Weintraub Swor~ to ~nd subscrib.ed before me on this ~ day of I \ ~.l ' .' \; . 1999, ~JJ' >_' Notary hc /-. 110 r,:r.L<'" . --, '" Ef"I\.1 m ,.~-, i': .: "> . ;...../ f'.1.Y'1t ,.. _.L t . ~ I Hor,l,tJr, GiN, (' ,c,.;,.. ;' -' J CGmmWco1 IXi;I" Ot:c. 4, "lie" , - . . . ... . .. ..~. 0I0IIII0l0 _ 1._ 2 ... _......." ......,..,.li ".i.::.vot3: :;':1. '~'.. :."" ''''';';''01 tNI r.:.....'..... we...; , '.'A\IIch" 101m."" irani 01""........., Of on IN _ H _ ._iIol...... ' -,. ,...... .,.........."'" lY' 'on""......-_....__ 2, 0 Ila1ricIed DIlIvMy ~~........~_....___Illd""_ c__ fat,.., I AttIc:le Addrlllld Iill ..., Article Number '.. Bon. Joseph Marko~ek P 147 335 092 .... ' 171 Glenwood Drive ~,ype 01_ : Monroeville, PA 15141i 0 coo o ReIum ReceIpt lor 1 11Io wiIh to NCIiw IIIe faIIoW,tno ~ ~ '" ... ,..Ii '. . " 0 Addu".... AddrMe J I I f J I 1f.....-lr'J I . . DsuJu.... 'M' .. u.&u.o.: __ DOlllElTIC MTUIII___I I KELLY ANN MARKOSEK. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v, No. 95-4989 JOSEPH F. MARKOSEK. Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 20, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsworn falsification to authorities. Date:, I ),"1 'k' :"~/~.. ., \ 'fiQ' L.-.- 1<-- elly arkosek, ntiff KELLY ANN MARKOSEK, PlaintIff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 95-4989 JOSEPH F. MARKOSEK, Defendant CIVIL ACTION. LAW IN DIVORCE Date:,) 1'5 "I WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Ie) 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. understand that false lildtements herein are made subject to the penalties of 18 Pa,C,S, Section 4904 relating to unsWorn falsification to authorities, I L t ~ /)<M" ^) I r' k. ... , . 1'-- XellytA\,n arkose, Plaintiff .\ " KELLY ANN MARKOSEK. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v, No. 95-4989 JOSEPH F. MARKOSEK. Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 20, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint, 3, I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 1 8 Pa.C,S, Section 4904 relating to unsworn falsification to authorities, Date: 3> -;; - ~ i 1/ ~!{Uj~ fseph . Markosek, Defendant ,I KELLY ANN MAR KOSEK. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. No. 95.4989 JOSEPH F. MARKOSEK. Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(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, 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: 5 - s - ~ ~ J- U(~. , Markosek, Defendant I V