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HomeMy WebLinkAbout95-07113 I - .] J3 -;i - j o V) ~ N7 .......... -- l' "'.:'. ;.'''.- . -'-,' ""'n.- ,",.... ~ ~ 7- ~ :i'H' _, . .. _, . ., '. "~""".. ~~*~.~.*.~..~~,.~.~*~*~~.~~~~ ':.:' .:.:. .:.:- .:C-':CO'-:';' <Co'... -:C. .:co ... ..~. .:<<. .:.:. <<<- .:.:. .:c-. .:+> .:.:. <<<':-"~':C':~':C-::"::':Co~.':C-; .:.:. ':C-. 0 olol. '. --~...... -- .-~-~ ~ , W !=". ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF * PENNA. ~ $ ~ w .... $ .- .., .', ~ .', ~ AVI SOKClL,.... !i w .... , Plaintiff No, ,....Jl!?::-.?.l,.P ............q~"iJI. w .., Vel'SlIM ~ ',' IFANG SOKOL,. *- '.' Defendant ~ ',' .' ~ '.' ~ ',' DECREE IN ~ DIVORCE AND NOW, ' . \.~. . . .01.. .. 19 ~'? '. it is ordered and decreed that ,.."..,....,. .~~~. ~.~~~~. , . , , . . . . . . , .. . , . , ... , , '. plaintiff, and. ,. ., ,. " .. . . " . . . ~~~,~~. ~~.~~~. . . . . . . . , . . . . , . , . . . , . . , , ". defendant. are divorced from the bonds of matrimony, ~ ',' ~ '.' ~ .'. S ~ ~ .,' ~ ,.' ~ ',' s The court retains jurisdiction of the 'following claims which have been raised of rec:;cprsl in this aclion for which a final order has not yet been entered; VJOAP The parties' Marriage Settlement Agreement dated May 11, 1~~~,..~~~~t~~Y..~~A~~0~.Q~Y~~~9n.~~Q~~,~~~.~~d~~.Qt,~~pPR~t,and. Maintenance are incorporated herein as an vrder of Court. ',................. ,. ......, ,.. ./.. ..,... ,.,......., /,/ / j" r n, T~".,;/I ~WZ- f? ~iff ro:izt:. Prolhono(oGT ~ i!i ~ .:, ~ ~ ~ .:+:. .:+:' .:+:. .:.:. .:+:. .:+:. ':+:. .:t:. .:+:. ':+:. ~ " ~ r.' w .., w ~,' i 8 8 ~ ~ e 8 ~ ,;; ':t ~ ',' ~ .', ~ ,', ~ ~ " ... ~ !~ ,;; .., e $ 8 s W ~7 ~ ~, .', ~ ~ ~ * i~ It,. /w )0,' /'" ll~ ~ )~ l~ i... ~~ ,~ , :~ I' /,'. )~ 9-/$ -'(po Gd,{.1(,L Corl rn";ILt<L...Jc.3m70I~~ 9-lb''1~ - bo..J,t:..c.. m~llcc( Yo RI4y s-/ok..'i.U ,. ; , y '- IFANG SOKOL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 95.7113 CIVIL TERM IN DIVORCE PRAECIPE TO TRAN~MIT RECORD AVI SOKOL, Plaintiff Vs, 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 ( c J>f the Divorce Code. 2, Date and manner of service of the Complaint: 1/9/96 by certified mail restricted delivery, 3. (complete either paragraph (a) or (b),) A. Oate of execution of the affidavit of consent required by Section 3301@ of the Divorce Code: by Plaintiff on 8/2198; and Defendant on 5/14/98. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301 (d) of the Divorce Code: nla (2) date of service of the Plaintiffs Affidavit upon the Defendant: nla 4, Related claims pending: The Court retains jurisdiction over the entrance of a Qualified Domestic Relations Order, 5, Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(1) of the Divorce Code: None served as the parties signed the Waiver of Notice, Respectfully submitted, - .f2~~ Robert L. O'Brien, Esquire -..;::'-~,"" AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1f- 7//.] {lL'V-~ (,JA.' Plaintiff, vs. IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE NOTICE TO CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You mAY lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, High and Hanover Streets, Carlisle, Cumberland County, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 (717) 240-6200 I I AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, VB. NO. IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I DIVORCE UNDER SECTION 33011C\ OF THE DIVORCE CODE I I I I ~ I I ~ ~ 1. Plaintiff is AVI SOKOL, an adult individual whose registered address is 317 Charles Road, Mechanicsburg, Cumberland County, pennsylvania 17055. Plaintiff is currently stationed at Palmer Apartments B-202, 224 Palmer Street, Watertown, New York, 13601. 2. Defendant is IFANG SOKOL, an adult individual whose registered address is 317 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant is currently stationed at Palmer Apartments B-202, 224 Palmer Street, Watertown, New York, 13601. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 3, 1987, in Virginia Beach, Virginia. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. ~ 7. Plaintiff is a member of the United States Army. Defendant is not a member of the Armed Forces of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that either Party may compol the other by Order of Court to attend counseling sessions. 9. Plaintiff avers that there was one child to the Parties under the age of 18 to wit: Hanan Shmuel Sokol, born December 18, 1988. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce Code. ~ ~ ~ p ~ r J ~ !i COUNT II--CUSTODY 10. Plaintiff incorporates by reference Paragraphs 1 through 9 of the Complaint for Divorce as fully set forth herein. 11. During the past five (5) years, the Parties minor child has resided with the following persons at the following address: a. Ft. Bragg, North Carolina, with Plaintiff and Defendant from 1990 until 1992. b. Panama City, Republic of Panama, with Plaintiff and Defendant from 1992 until September 1995. c. Palmer Apartments B-202, 224 Palmer Street, Watertown, New York with Plaintiff and Defendant from October 1995 until present. 12. Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of the minor child in this or any other state. h I. 13. Plaintiff does not know of any other person other than Defendant herein who claims to have custody or partial custody rights with the minor child. 14. Plaintiff submits that it is in the best interest and welfare of the minor child to be placed in the primary physical custody of Plaintiff. WHEREFORE, Plaintiff prays that this Honorable Court grant custody of the minor child of the Parties to Plaintiff. COUNT III--INDIGNITIES 15. Plaintiff incorporates by reference Paragraphs 1 through 14 of the Complaint for Divorce as fully set forth herein. 16. In violation of her marriage vows and of the laws of this Commonwealth, Defendant has throughout the Parties' marriage offered such indignities to the person of Plaintiff to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a divorce from the bonds of matrimony. submitted, , By Ger . 0 nson, ROBINSON AND GERALDO 4407 North Front Street P.O. Box 5320 Harrisburg, pennsylvania 17110-5320 (717) 232-8525 Attorney I.D. 127423 ~ Ii ti.... " - ~ ;:0- .. .-, ., . VERIFICATION ,__~.""",- i.- 'c'~'. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~<r(' Avi Sokol, Plaintiff AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plllintif f, vs. I I NO. 95-7113 CIVIL TERM I I I I CIVIL ACTION--LAW IN DIVORCE IFANG SOKOL, Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on the 13th day of December 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree of Divorce. 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. I I verify that the statements made in this Affidavit are true and II 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. .1 Datel / .3)1r~ 7'0 , ~~' Avi Sokol, Plaintiff I II I' I v. .-t'<:~""'';.~,-,','''''',.l"",;''''''f_~'''''_'''''_<'''' ....,. .' ..."-.... AVI SOKOL, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 95-7113 I-FANG SOKOL, Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on December 13, 1995. 2. Defendant acknowledged receipt and accepted service of the Complaint on or about December 18, 1995. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: '1!t/l-/ /3. 98 . (j . .Jf;r.i/~ . AVI SOKOL, :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY Plalntllf v. :CIVIL ACTION-LAW IN DIVORCE I.FANG SOKOL :NO.95-7113 Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE Date: ~AIA6- 98" ~4 Avl Sokol 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 13,1995. 2. Defendant scknowledged receipt and accepted service of the Complaint on or about December 18, 1995. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree In divorce without notice. 5. I understand that I may lose rights concemlng alimony, division of property, lawyer's fees or expenses If I do not claim them before a divorce Is granted. 6. 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 flied with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not raquest that the court require counseling. 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 unswom faislficatlon to authorities. ."'h",..._ f;: C", ~ In ~ M ':.)..~ IUQ f.J ,-, C,?;- " .,... . -:"J:_.~ fE.. "- '.]~~ I-r:..:.. ~. ;:;-'('t) " 0 l.~_ '" ,,):::: ~U. ;ijrrJ -- {/ ~ u::. , :C.T ,--"1:l.- ~-- :c ;;: It- a: :;.) 0 0' <:J AVI SOKOL, Plaintllf :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY v. :CIVIL ACTION.LAW IN DiVORCE I.FANG SOKOL :NO.95-7113 Defendant AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SEcnON 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was fiied on December 13, 1995. 2. Defendant acknowledged receipt and accepted service of the Complaint on or about December 18, 1995. 3. The marriage of the Plaintiff and Defendant is Irretrievably broken and ninety days have elapsed from the date of the filing of the ComplaInt. 4. I consent to the entry of a final decree In divorce without notice. 5. I understand that I may iose rights conceming alimony, division of property, lawyer's fees or expenses If I do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. i do not raquest that the court require counseling. 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 unswom falslflcatlon to authorities. Date: ~AIA6- 98" ~ Avl Sokol ~ .:I' ~ C": Q .. .'" - :-5~ ~"- ( ;:. -Cl :c O:~ .I..::r. 0... (')=3 ~,=, t.,. /5" (., :.:\.~O Ei.:. ,1._ ftt." ~l- -, c:> tilw F= ::> !1 tu.. '"'" .~- -'" ~ 0 ::.> C1\ u .... . AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 95-7113 Civil Term IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE PROOF OF SERVICE I, Gerald S. Robinson, Attorney for Plaintiff, do hereby certify that on the 9th day of January 1996, a true and correct copy of the Plaintiff's Complaint for Divorce under Section 3301(c) of the Divorce Code was served on the following individual by certified mail, restricted delivery, return receipt requested. Proof of Service is evidenced by "Exhibit One" (attached). Ms. Ifang Sokol Palmer Apartments B202 224 Palmer Street Watertown, NY 13601 Respectfully Submitted, ~~r.~~ir. ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 I I II .._:_1 .i~':,pi.}~i-i[,:':>f;",_" .. ',' ',,_" :t~.eom,Ioto~I.n.u..2"'__~. .~ ~ H~wlIh 10 rocelv. tho; "'I':'';'eom,Ioto - 3,.... 4a. b.. lollowing urvlco. (10111I .XIr. .j' :. ;e,J'rint vOw MmI.....1dchu on the ,.... o' tN, '<<m 10 thlt w. CM 'ee): ,_, . .. ._IhIo....ll.vou. ,.- :._AttlChthllfonntothlfrontof""~.OI'onthlbec:""apace 1. DAddr.....'.AdckaU :-:' i .':-;,:.;;;;:;n__.....'......_boIoWlh............... 2. XI R..II/Clod O.lIvlfY 'I ; _11 ~-..:, The Return R~ w.1how to whom the 111" w.. dllMred end the date , " g. _. ConlUlt Itm..t.r 1011... ri~:~.;~;~~to: 41l'1l"lgN"Brs 731 j Ii P~R APARTMENTS B202 8'R::~::.JYPl Ol..urod 8 2 4 PALMER STREET [J(C.rtlflod" 0 coo .r W TERTOWN, NY 13601 0 Expr.l. Mill 1 ' 7. O.t. 01 O.lIv. ! I IIr u odJ ... '" .. :'f'~ XU" DOMESTIC RETURN RECEIPT B. Add,._'. .nd 10 I. p Exhibit "ONEtt AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 95-7113 IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: IFANG SOKOL, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the Plaintiff's affidavit. Therefore, on or after April 15, 1996, the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counteraffidavit by the above date, the court can enter a final decree in divorce. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE n LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse One Courthouse Square CarliSle, Pennsylvania 17013 (717) 240-6200 I I I II I ! AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA I I Plaintiff, vs. NO. 95-7113 IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT 1. Check either (a) or (b): II 'I I , I ( ) ( ) I do not oppose the entry of a Divorce Decree. I oppose the entry of a Divorce Decree because Check (i), if applicable I () (i) The marriage is not irretrievably broken. (a) (b) I II II I I II ,I iI II Ii Ii II II Ii 2. Check either (a) or (b): ( ) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. I wish to claim economic relief which my include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counteraffidavit 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. (a) ( ) (b) Date Ifang Sokol, Defendant NOTICE: If you do not wish to oppose the entry of a Divorce Decree and you do not wish to make any claim for economic relief, you need not file this Counteraffidavit. AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, vs. NO. 95-7113 Civil Term IFANG SOKOL, Defendant. CIVIL ACTION--LAW IN DIVORCE CERTIFICATE OF SERVICE Respectfully Submitted, I, Michelle B. Stokes, Attorney for Plaintiff, do hereby certify that on the 25th day of March 1996, a true and correct copy of the Notice of Intention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit was served on the following individual by first-class U.S. mail by depositing same in Harrisburg, Pennsylvania. Ms. Ifang Sokol Palmer Apartments B202 224 Palmer Street Watertown, NY 13601 ~ By ~~ Mi e. 0 es, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff " ROBINSON AND GERALDO ^no~tys ANl>'t:OUN~ttLOn*'f ~ , t\ 'A L P.O. Box 5320, HARlUSaURQ, P[NNSy~l\\lt \!JIfl'~ CERTIFIED TRUE AND CORRECT COpy (717) 232.8525 ., ~ . ':. I,' ;. .' .., ., .' .... ~ . ; -..; '1t.iJ. q~ 'l/I..Jt!t;,ur.;..... MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this /I~ay of /lJa.y , 1991, by and between Avi Sokol, hereinafter called Husband, and I-Fang Sokol, hereinafter called Wife; WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 3, 1987 in Virginia Beach, Virginia. WHEREAS, differences have arisen betweel"l Husband and Wife in consequence of which they have determined to live separate and apart from each other and have consented to a mutual consent divorce: and WHEREAS Husband and Wife desire to settle and determine their rights and obligations, includi"g the settling of their property rights and other riglits and obligations growing out of their marriage in accordance with the provisions of the Divorce Code of Pennsylvania. NOW, THEREFORE, the parties, intending to be legally bound hereby, agree as follows: 1. Seoaration. It shall be lawful for each party at all times hereafter to live separate and apart from the other at such place as he or she may from lime to time choose or deem fit. The foregoing provision shall not be taken as admission on the part of either party of the lawfulness or unlawfulness of the causes leading to them living apart. Each party shall be free from interference, authority and control, direct or 1 ~;4:. .' ,. .. .' .... .... indirect, by the other as fully as if he or she were single and unmarried. Neither shell molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. Division of Prooertv. The parties have divided between them to their mutual satisfaction the personal effects, tools, equipment, household furniture and furnishings, and other articles of personal property which have heretofore been used by them, individually or in common. Husband is currently enlisted in the United States Army and entitled to military retirement benefits upon his separation from his active duty status. Other than the personal effects the retirement constitutes the sole marital asset subject to distribution. The parties agree that Wife shall receive, as a Qualified Domestic Relations Order, a portion of his retirement as set forth in the attached Order which is incorporated herein. Notwithstanding the foregoing QDRO, the parties agree that in the event a portion or all of the Husband's retirement benefits is/are converted to disability benefits that, to the extent those benefits result in a diminution of payment to Wife, Husband agrees to reimburse Wife directly for the full amount of the diminished payment. 3. Debts, Except for the debts and obligations created hereunder, each party agrees to pay and hereby agrees to hold the other harmless from any and all personal debts and obligations incurred by him or her subsequent to the date of separation which occurred in 1995. If any claim. action or proceeding is hereafter brought seeking 2 . ... ..' .- '. ,... . . .... .... . to hold the other party liable on account of such debts or obligations, each party will at his or her sole expense defend the other party against any such claim, actlon or proceedings, whether or not well-founded, and indemnify the other party against any loss or liability resulting therefrom. 4. Child Suooort and Maintenance. The parties agree that the attached orders of child support and maintenance (alimony) are incorporated herein and may be enforced by the Wife in Pennsylvania. New York or othl3r court of competent jurisdiction. 5. Eauitable Prooertv, This agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of exi!>ting marital property is not intended by the parties to constllute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the matrimonial estate. Each party hereby acknowledges that this agreement adequately provides for his or her needs and is in his or her best interest, and that the agreement Is not the result of any fraud or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: A. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code. 3 . ,. ..' J. . " .' .... " .... . 8. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have the court determine which property is marital and which in non-marital, and equitably distributable between the parties that property which the court determines to be marital. D. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this agreement, including but not limited to possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 6. Mutual Release. Husband relinquishes his inchoate intestate right in the estate of Wife. and Wife relinquishes inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims. demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted, or suffered to be done by said other party prior to and including the date hereof: further, the parties hereto have been advised by their legal representatives, respectively, of all their rights under the Pennsylvania Divorce Code, and such rights as are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall In 4 " I," .. . '. I" '. '. .... no way exonerate or discharge either party hereto from the obligations and promises made and imposad by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 7. Release of All Claims. Each party, except as otherwise provided for In this Agreement, releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been incurred, or ma,Y be incurred, relating to or arising from the marriage between the parties, including alimony, alimony pendente lite and spousal support. However, neither party is relieved or discharged from any obligations under this Agreement or under any inlitrument or document executed pursuant to this Agreement. 8. Breach. 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, and seek any other remedy allowed in law or equity. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other In enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. Waiver by one party of any breach of this Agreement by the other party shall not be deemed a waiver of any subsequent, similar breach or other breaches. 9. Full Disclosure. Husband and Wife each 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 such party has an interest. of the source and amount of the 5 ,. ..".....- '.' ,. . , . "~ " income of such party of every type whatsoever and all other facts relating to the subject matter of this Agreement. 10. Divorce. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a true and absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. It is understood, however, that Husband has filed an action in divorce in the Court of Common Pleas of Cumberland County, in which he alleges that the marriage is irretrievably broken. Both parties understand and agree that Husband shall pursue said divorce on the grounds that the marriage is irretrievably broken, and that both parties will execute, deliver and file the necessary affidavits and all other petitions or documents necessary to effectuate the divorce pursuant to Section 3~01 C of the Divorce Code. Wife agrees that the marriage is irretrievably broken. 11. Representation of Parties bv Counsel. Each party has had the opportunity to have legal counsel to represent each of them in the negotiation and preparation of this Agreement and has either been so represented or has voluntarily chosen not to be represented. Each party has carefully read this Agreement and is completely aware, not only of its contents, but also of its legal effect. 12. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party falls on 6 ',' ,- '. " " ,. demand to comply with the provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. Modification and Waiver. Modification or waiver of any provision of this Agreement shall be effective only if made in ""riting and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 14. Descriptive Headinas, The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 15. Successors and Assians, This Agreement, except as otherwise expressly provided herein, shall be binding upon and shall inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assignees and successors in interest to the parties. 16. Governina Law. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 17. Order of Court. With the approval of any court of competent jurisdiction in which any divorce proceeding may now be pending or which may hereafter be instituted, this Agreement shall be incorporated in any decree of absolute divorce which may be passed by said court. In the event the court shall fail or decline to incorporate this agreement or any provisions thereof in said decree, then and in that event the 7 __,,,,,,,>:,,~'_";.*-f'iP,1.:-.,.iU'1:~~~1T":"~.-'." ...:........:.. -."'.';"" '......!'r'..- ~. .'f~' ...... ,'.':c ..->_....,...,.,~: I.' t. '. . . '.' parties, for themselves and their respective heirs, personal representatives and assigns, agree that they will nevertheless abide by and carry out all of the provisions thereof. It Is further agreed that regardless of whether said agreement or any part thereof Is incorporated in any such decree, the same shall not be merged in said decree, but said agreement and all the terms thereof shall continue to be binding upon the parties and their respective heirs, personal representatives and assigns. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have hereunto setlheir hands and seals the day and year first above written. WITN~~ ~ ~ ~~. b. "OJ ...-'}-- {#A~ Avi ok -~~- ./?-F. oko I . _(SEAL) (SEAL) 8 " . '. ',,' . ," STATE OF AI.aw tjtdlc. COUNTY OF J;ffE.f6trn SS. AND NOW, this.LLday of ~, 199,a., before me,the undersigned officer, personally appeared AVI Sok ,known to me (or satIsfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. STATE OF ~8--0 dotL COUNTY OF 3"e~e:gso.:J AND NOW, this1J-'iay of , 19~ before me,the undersigned officer, personally appeared I-Fan okol, known to me (or satisfac:torlly proven) to be the person whose name is subscri d to the within instrument, and acknowledged that she executed same for the purposes therein contained. ~/hA kf7J1 "~~~ I Not~ Pdt.l1JJay Nollry PublIC, SlItl of New Yorfc No. 01015083432 QUIIllIId In JelflllOfl COtl~ CommIIIlon ~ Aug. ll..::a. SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~, '>-~'H~ - ot ry Public IIWIlLY J. ANDII!WI ........... Stall of NM 'f\lltI No. Ol"N49931123 0uIllIIId III JefferlOn CoI/flIY............ QImmlIllon Ixpl". Me,. 'e. 20CJ..) 9 C1 \\ ~,::,;:,,; .....1..:',... ',..;' ':,.," \'ti\,.,,\;'., " " J':1'i . "'\ r:O,"),:F\CE T!I.I:. .:'_., "'\"'iT'1.,OY Ti'r- ....r- .. .,."f ,\ O~ " - i ' . . "" l:t"r> _1\ [','\ \: ?'J '1.. oil.. , COUIIU"'fOU 6'b.iU.1 "'- Il' ~O'-- OIteallelllU ,""... ", ';""..14 110' 01\0"1 J.;J;n) ......wn.. itU" "1,1- W IWlIrA" '~I.l.CIM " 0, .' .h.C, -.-, ,._~i-''':,';~'_..':_~,-~. ,..,"'.,.... ., . '. . . .. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVI SOKOL, Plaintiff NO. 97-7113 CIVIL MILITARY PENSION DIVISION ORDER IN DIVORCE v. I-FANG SOKOL, Defendant THIS CAUSE ceme before the undersigned judge upon the Defendant's claim for distribution of the Plaintiffs military retirement benefits. The parties having resolved this maUer, agree to the entry of the following military pension division order to assign to Defendant a portion of those benefits. The court makes the following: FINDINGS OF FACT 1. Defendant resides at 224 Palmer Street, Apt. B202, Watertown, New York, 13601, State of New York. 2. Plaintiff is a resident of Cumberland County, State of Pennsylvania, with a mailing address of 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on July 3, 1987 and are divorced in Cumberland County, State of Pennsylvania, according to the Divorce Decree Incorporating this Order. 4. The court has both personal and subject matter jurisdiction to enter a military pension division order in this maUer pursuant to 10 U.S.C. Section 1408, and 23 Pa.C.S.A. Section 3101 et seq. Specifically, its jurisdiction to divide military retired pay is based on consent per 10 U.S.C. Section 1408 (c)(4). " '. " '. 5. Plaintiff agrees to provide any of the Items below to the Defendant at her request and to provide any information that she Is unable to obtain in order to have this order honored for direct payment of military pension benefits. a. A copy of this court decree dividing his retired pay, certified within ninety (90) days immediately preceding its service on the Defense Finance and Accounting Service (DFAS). b. A statement to the Defendant which verifies that the decree has not been modified, superseded or set aside. c. The parties marriage certificate. d. The Plaintiff's current address. 6. Pursuant to state and federal law, Defendant is entitled to a share of the Plaintiff's military retirement benefits, which share Is described hereafter. Plaintiff is in military service and is eligible for retired pay in accordance with applicable federal law. 7. The Plaintiff assigns to the Defendant a portion of his military retired pay. The Defendant is entitled to a direct payment in the amount specified in Paragraph 1 of the Decree below from DFAS from the Plaintiff's disposable retired pay. The Defendant shall receive payments at the same time as the Plaintiff. 8. The Plaintiff's military retired pay constitutes marital property and to the extent it is based on active duty performed between the date of marriage and the date the parties divorced. Defendant's share shall be set forth in Paragraph 1 of the Decree below. The Defendant should receive the same percent of all cost-of-Iiving adjustments which the Plaintiff receives after his retirement. " . '. 9, The Defendant's entitlement to her portion of rEltired pay accrues only upon the Plaintiff's retirement and shall cease at the death of either party, except as stated In Paragraph 9 of the Decree below. The Defendant agrees that any future overpayments to her are recoverable and subject to Involuntary collection from her estate. The Defendant agrees further to notify DFAS about any changes in this agreement or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 10. The parties Intend that this order qualify for direct payment of military pension benefits to the Defendant under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 et. seq. All provisions hereof shall be interpreted liberally so as to make this order qualify. 11. The Plaintiff and Defendant stipulate that the following information is correct: a. Plaintiff's mailing address is 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. b. Plaintiff's social security number is: 212-58-2761 c. Plaintiff's date of birth is: March 21, 1952. d. Plaintiff's military service Is with the United States Army. e. Plaintiff entered military service on July 15, 1978. f. Defendant's address is 224 Palmer Street, Apt. B-202, Watertown, New York 13601. " , .. g. Defendants's social security number Is: 244-47.3933 12. Plaintiff agrees to cooperate with Defendant In executing an appllcetlon for direct payment to Defendant from Plaintiffs retired pay pursuant to 10 U.S.C. Section 1408, and he agrees to execute all documents that DFAS may require for direct payments to Defendant. 13. Plaintiff's rights under the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. ~~ 501-548 and 560-591, have been observed and honored. 14. This court Is a "court of competent jurisdiction" under 10 U.S.C. ~ 1408 (a)(1). This order bears the certification of said county's Prothonotary has not been amended, superseded, or set aside by any subsequent order. 15. It is intended that the Defendant shall receive her full share of Plaintiff's retirement, celculated as set out below and without reduction fro VA disability pay, Dual Compensation Act Income or any other reason. 16. The parties were married for a period of more than ten years during which time Defendant performed more than ten years of creditable military service. The parties were married during Defendant's creditable military service from July 3, 1987 to the date of the Divorce Decree incorporating this Order. 17. The Defendant is eligible for coverage as the beneficiary of Plaintiff's Survivor Benefit Plan, as set forth below. 18. The terms of this order are fair, reasonable, adequate and necessary. 19. The parties have knowingly and voluntarily consented to this order. 20. The parties are entitled to the relief granted below. . CONCLUSIONS OF LAW 1. This court has Jurisdiction over the subject mailer of this action and the parties hereto. 2. Defendant Is entitled to an assignment of Plaintiffs United States military retirement benefits as set forth herein, subject to the conditions set forth in the DECREE below. 3. The facts above are incorporated herein by reference to the extent that they represent a conclusion of law. 4. The terms of this order are fair, reasonable, adequate and necessary. 5. The parties knowingly and voluntarily consented to this order. 6. The parties are entitled to the relief granted below. DECREE AND ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. Defendant is granted an assignment of a part of Plaintiffs military retirement benefits. The Defendant shall receive twenty (20%) percent of Plaintiffs military retirement pay. 2. Defendant shall receive the same percent of all cost-of-Iiving adjustments which Plaintiff receives after his retirement. 3. Defendant shall begin to receive the above-stated amount of Plaintiffs retirement benefits at the time Plaintiff's military retirement benefit payments begin. Defendant's entitlement to her portion of retired pay accrues only upon the Plaintiffs . ' ". retirement and shall end at the death of either party, except as stated in paragraph 9 below (SBP). 4, When DFAS has determined that this order meets the requirements of the appUceble federal law and Is acceptable as a direct-pay military pension division order, then It shall cerry out the provisions of this order. DFAS shall give written notice to Plaintiff at her address contained in this order and to her counsel, Robert L. O'Brien, Esquire, loceted at 17 West South Street, Carlisle, Pennsylvania 17013, that this order will be honored as a direct-pay military pension division order. 5. If Defendant moves from her current address, she shall promptly notify DFAS in writing of her new address. 6. If Plaintiff receives VA disability payor obtains federal employment and this event causes a reduction of Plaintiffs disposable retired pay, Plaintiff will pay to Defendant directly the full monthly amount provided herein or any portion thereof that his not paid directly to her. 7. The monthly payments herein shall be paid to Defendant regardless of her marital status and shall not end at remarriage. 8. The court retains jurisdiction over this matter to amend this order to ceuse it to meet the definition of a military pension division order pursuant to 10 U.S.C. ~ 1408. 9. The Plaintiff agrees to, and shall, elect to make the Defendant the sole primary beneficiary of the Survivor Benefit Plan (SBP) within sixty (60) days of the date of the filing of this order and to provide a copy of said election to the Defendant. "",,,,:,,'-"~t . " . . . Plaintiff shall elect the spouse-only portion and shall select as the base amount the full amount of monthly retired pay. If Plaintiff fails to make said election, an amount equal to the present velue of the SBP coverage for the Defendant, shall at the death of Pleintlff, become an obligation of his estate. In addition, the Defendant shall be entitled to such remedies for breach as are available to her In a court of law. q ~day of ~UA :j ,/ ~// .. / This the ,199L. ./ ~ PLAINTIFF Y FOR PLAINTIFF WE CONSENT: o ATTORNEY FOR DEFENDANT . .... -~~.'-~---~ '. '. .~. ". .... ":...... p",:'" '. .... ." .' At a Term ot Family Court ot the Stllte ot New York held in and tor the County ot Jetterlon at Watertown, New York on December 15, 1995. PRESEllT: PAUL V. FRANK, HEARING EXAMINER STATE OF NEli YORK FAMILY COURT COUNTY OF JEFFERSON In the Matter ot a Proceeding tor Support Under Article 4 ot the Family Cour~ Ac'l: I-FANG SOKOL, SSN: 244-47-3933 ADDl 224 Palmer Street, Apt. B202 Watertown, New York 13601 Petitioner, OROER OF SUPPORT Docket No.1 F-183-96 -against- AVI SOKOL, SSN: 212-58-2761 EMP: US ARMY ADD: P.O. Box 111 Fort Drum, New York 13602 Respondent. 1I0TICE: YOUR WILLFUL FAILURE TO OBE'l THIS ORDER MAY, AFTER COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS, FOR CONTEMPT OF COURT. The above-named petitioner having filed a Petition in this court on July 8, 1996, requesting support tor herself and the child, Hannan Sokol (d.o.b. 12{18{06); and Petitioner, I-Fang Sokol, having lIppeared and been represented by Kathy L. Quencer, Esq. with Proven and Quencer and Respondent having been represented by IHlliam Kurtz, Esq. and Respondent having appeared to answer the Petition, having been lIdvised by the court ot 1 ., .. .'. ~ the right to counsel and to show why an Order o~ support and other relie~ prayed ~or in the Petition should not be granted lInd Respondent hllving denied the allegations or the Petition; and The matter having duly come on to be heard before a Judge o~ this court; and The parties having agreed to settle this mlltter pursuant to the Stipulation in open court this date; and Now, after examination and inquiry into the ~acts and circumstances o~ the case and upon all papers and proceedings had herein, the court finds that: The bllsic child support obligation for support or both pllrties for the support of this child is $466.09 per month; and The mother is the custodial parent, whose pro-rata share of the basic child support obligation is $0.00 per month; and The ~ather is the non-custodial parent, whose pro-rata share of the basic child support obligation is $466.09 per month; and The parties having made Financial Disclosure pursuant to FCA Section 424-a and it having been determined that the Respondent's pro rata child support obligation be based upon an income of $2,899.JO per month; and it is further having been determined that Petitioner's pro rata child support obligation being based upon an income of $0.00 per month; and The parties having been advised or the provisions of Section 41J(1) or the Family Court Act; The unrepresented party, if any, has received a copy o~ the Child Support Standards Chart promulgated by the Commissioner or 2 -...--..... ., '. .'\ ..-. ,. . socilll Services pursullnt to Section lll-i of the Social Service. LlIWI The Basic Child Support obligation as defined in Family Court Act Section ~lJ(l) presumptively results in an lImount of child support which is neither unjust nor inllppropriate; The BlIsic Child Support obligation in this case iSl $466.09 per month; " HOI~, therefore, upon agreement of the parties and in full satisfllction of the petition; it is ~RDEREO, that the above-named Respondent is chargeable with the support of the following person(s) and is possessed of sufficient means and able to earn such means to provide the payment of the sum of Eight Hundred Sixty-six and 09/100 ($866.09) Dollars per month as follows: llaJna DAte of Hirth Am~nn~ I-Fling Sokol and it is further (12/18/88) (04/09/51) $466.09 monthly; $400.00 monthly; Hannan Sokol ORDERED, that as of December 16, 1996, lIrrears are established at Two Hundred and 00/100 ($200.0r.) Dollars and said arrears shall be waived; and it is further ORDERED, that commencing January 5, 1997, the Respondent shall pay all child support payments by Income E.ucuc1on through the Jefferson County Support Collection Unit, P.O. Box 15J22, Albany, New ~ork 12212-5JJ2 on or before the 5th day of each month; and it is further J ...... . '., . .... . ORDERED, that commencing January 5, 1997, through October S, 1997, the Respondent shall pay Four Hundred and 00/100 ($400.00) Dollars per month as and for maintenance by Income Deduction Order through the Jefferson County Support Collection Unit, P.O. Box 15J22, Albany, lle'..t York 12212-5J32 on or before the 5th day of 811ch month; and it is further ORDERE~, that commencing November 5, 1997, through November 5, " 1998, the Respondent shall pay Three Hundred Fifty and 00/100 ($JSO.OO) Dollars per month as and for maintenllnce by Income Deduction Order to the Jefferson County Support Collection Unit, P.O. Box 15J22, Albany, New York 12212-5JJ2 on or before the 5th day of each month; and it is further ORDERED, that commencing December 5, 1998, through December 5, 1999, the Respondent shall pay Three Hundred and 00/100 ($JOO.OO) Dollars per month as and for maintenance by Income Deduction Order to the Jefferson County Support Collection Unit on or before the 5th day of each month; and it is further ORDERED, that the Respondent .shall maintain medical insurance coverage for the child through his place of employment and his retire benefits if available; and it is further ORDERED, that Respondent shall maintain medical insurance for the Petitioner through his place of employment and his retiree benefits, if available, until the parties are divorced; and it is further ORDERED, that the parties shall divide any unreimbursed medical, optical and dental expenses of the child proportionate to 4 ~<"""'''"" ,"," "'. . . ' .- --,.......,:j, ~.~.. ~ .. . . . ~ . .. .' '. ". , . . '.. . their incomes lit this time Petitioner's share is Zero (0%) percent lInd aespondent's shllre is One Hundred (100%) percent; and it i. further ORDERED, that this Order shall be enforcellble pursuant to Section 524: or 5242 of the civil Practice Law and Rules upon a default. in payment, or in any other manner provided by law. Dated: February l)... , 1997 Watertown, New York (~a( lJ~~ Paul V. Frank Hearinq Examiner ORDER ENTERED 5 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVI SOKOL, Plaintiff NO. 97-7113 CIVil MILITARY PENSION DIVISION ORDER IN DIVORCE v. I-FANG SOKOL, Defendant THIS CAUSE came before the undersigned judge upon the Defendant's claim for distribution of the Plaintiff's military retirement benefits. The parties having resolved this matter, agree to the entry of the following military pension division order to assign to Defendant a portion of those benefits. The court makes the following: FINDINGS OF FACT 1. Defendant resides at 224 Palmer Street, Apt. B202, Watertown, New York, 13601. State of New York. 2. Plaintiff is a resident of Cumberland County, State of Pennsylvania, with a mailing address of 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on July 3, 1987 and are divorced in Cumberland County, State of Pennsylvania, according to the Divorce Decree incorporating this Order. 4. The court has both personal and subject matter jurisdiction to enter a military pension division order in this matter pursuant to 10 U,S.C. Section 1408, and 23 Pa.C.S.A. Section 3101 et seq. Specifically, its jurisdiction to divide military retired pay is based on consent per 10 U.S.C. Section 1408 (c)(4). .. . . 5. Plaintiff agrees to provide any of the items below to the Defendent at her request and to provide any information that she Is unable to obtain In order to have this order honored for direct payment of military pension benefits. a. A copy of this court decree dividing his retired pay, certified within ninety (90) days immediately preceding its service on the Defense Finance and Accounting Service (DFAS). b. A statement to the Defendant which verifies that the decree has not been modified, superseded or set aside. c. The parties marriage certificate. d. The Plaintiffs current address. 6. Pursuant to state and federal law, Defendant is entitled to a share of the Plaintiffs military retirement benefits, which share is described hereafter. Plaintiff is in military service and is eligible for retired pay in accordance with applicable federal law. 7. The Plaintiff assigns to the Defendant a portion of his military retired pay. The Defendant is entitled to a direct payment in the amount specified in Paragraph 1 of the Decree below from DFAS from the Plaintiff's disposable retired pay. The Defendant shall receive payments at the same time as the Plaintiff. 8. The Plaintiffs military retired pay constitutes marital property and to the extent it is based on active duty performed between the date of marriage and the date the parties divorced. Defendant's share shall be set forth in Paragraph 1 of the Decree below. The Defendant should receive the same percent of all cost-of-Iiving adjustments which the Plaintiff receives after his retirement. 9. The Defendant's entitlement to her portion of retired pay accrues only upon the Plaintiffs retirement and shall cease at the death of either party, except as stated in Paragraph 9 of the Decree below. The Defendant agrees that any future overpayments to her are recoverable and subject to Involuntary collection from her estate. The Defendant agrees further to notify DFAS about any changes In this agreement or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 10. The parties intend that this order qualify for direct payment of military pension benefits to the Defendant under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 140B et. seq. All provisions hereof shall be interpreted liberally so as to make this order qualify. 11. The Plaintiff and Defendant stipulate that the following information Is correct: a. Plaintiffs mailing address is 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. b. Plaintiffs social security number is: 212-58-2761 c. Plaintiffs date of birth is: March 21, 1952. d. Plaintiffs military service is with the United States Army. e. Plaintiff entered military service on July 15, 1978. f. Defendant's address is 224 Palmer Street. Apt. B-202, Watertown, New York 13601. g. Defendants's social security number is: 244-47-3933 12. Plaintiff agrees to cooperate with Defendant in executing an application for direct payment to Defendant from Plaintiffs retired pay pursuant to 10 U.S.C. Section 1408, and he agrees to execute all documents that DFAS may require for direct payments to Defendant. 13. Plaintiffs rights under the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. ~~ 501-548 and 560-591, have been observed and honored. 14. This court is a .court of competent jurisdiction" under 10 U.S.C. ~ 1408 (a)(1). This order bears the certification of said county's Prothonotary has not been amended, superseded, or set aside by any subsequent order. 15. It is intended that the Defendant shall receive her full share of Plaintiffs retirement, calculated as set out below and without reduction fro VA disability pay, Dual Compensation Act income or any other reason. 16. The parties were married for a period of more than ten years during which time Defendant performed more than len years of creditable military service. The parties were married during Defendant's creditable military service from July 3, 1987 to the date of the Divorce Decree incorporating this Order. 17. The Defendant is eligible for coverage as the beneficiary of Plaintiffs Survivor Benefit Plan, as set forth below. 18. The terms of this order are fair, reasonable, adequate and necessary. 19. The parties have knowingly and voluntarily consented to this order. 20. The parties are entitled to the relief granted below. , CONCLUSIONS OF LAW 1. This court has jurisdiction over the subject matter of this action and the parties hereto. 2. Defendant Is entitled to an assignment of Plaintiff's United States military retirement benefits as set forth herein, subject to the conditions set forth in the DECREE below. 3. The facts above are incorporated herein by reference to the extent that they represent a conclusion of law. 4. The terms of this order are fair, reasonable, adequate and necessary. 5. The parties knowingly and voluntarily consented to this order. 6. The parties are entitled to the relief granted below. DECREE AND ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. Defendant is granted an assignment of a part of Plaintiff's military retirement benefits. The Defendant shall receive twenty (20%) percent of Plaintiff's military retirement pay. 2. Defendant shall receive the same percent of all cost-of-Iiving adjustments which Plaintiff receives after his retirement. 3. Defendant shall begin to receive the above-stated amount of Plaintiff's retirement benefits at the time Plaintiffs military retirement benefit payments begin. Defendant's entitlement to her portion of retired pay accrues only upon the Plaintiff's - . retirement and shall end at the death of either party, except as stated In paragraph 9 below (SBP). 4. When DFAS has determined that this order meets the requirements of the applicable federal law and Is acceptable as a direct-pay military pension division order, then it shall carry out the provisions of this order. DFAS shall give written notice to Plaintiff at her address contained in this order and to her counsel, Robert L. O'Brien, Esquire, located at 17 West South Street, Carlisle, Pennsylvania 17013, that this order will be honored as a direct-pay military pension division order. 5. If Defendant moves from her current address, she shall promptly notify DFAS in writing of her new address. 6. If Plaintiff receives VA disability payor obtains federal employment and this event causes a reduction of Plaintiffs disposable retired pay, Plaintiff will pay to Defendant directly the full monthly amount provided herein or any portion thereof that his not paid directly to her. 7. The monthly payments herein shall be paid to Defendant regardless of her marital status and shall not end at remarriage. 8. The court retains jurisdiction over this matter to amend this order to cause it to meet the definition of a military pension division order pursuant to 10 U.S.C. ~ 1408. 9. The Plaintiff agrees to, and shall, elect to make the Defendant the sole primary beneficiary of the Survivor Benefit Plan (SBP) within sixty (60) days of the date of the filing of this order and to provide a copy of said election to the Defendant. - .' . Plaintiff shall elect the spouse-only portion and shall select as the base amount the full amount of monthly retired pay. If Plaintiff fails to make said election, an amount equal to the present value of the SBP coverage for the Defendant, shall at the death of Plaintiff, become an obligation of his estate. In addition, the Defendant shall be entitled to such remedies for breach as are available to her in a court of law. This the day of ,199 Judge WE CONSENT: O~ PLAINTIFF ...p~ I.<-r- - ~ A~~~FENDANT ~ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AVI SOKOL, Plaintiff NO. 97-7113 CIVIL MILITARY PENSION DIVISION ORDER v. I-FANG SOKOL, IN DIVORCE Defendant THIS CAUSE came before the undersigned judge upon the Defendant's claim for distribution of the Plaintiff's military retirement benefits. The parties having resolved this maller, agree to the entry of the following military pension division order to assign to Defendant a portion of those benefits. The court makes the following: FINDINGS OF FACT 1. Defendant resides at 224 Palmer Street, Apt. B202, Watertown, New York, 13601, State of New York. 2. Plaintiff is a resident of Cumberland County, State of Pennsylvania, with a mailing address of 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. 3. The parties were married on July 3, 1987 and are divorced in Cumberland County, State of Pennsylvania, according to the Divorce Decree incorporating this Order. 4. The court has both personal and subject matter jurisdiction to enter a military pension division order in this matter pursuant to 10 U.S.C. Section 1408, and 23 Pa.C.S.A. Section 3101 et seq. Specifically, its jurisdiction to divide military retired pay is based on consent per 10 U.S.C. Section 1408 (c)(4). .. . , 5. Plaintiff agrees to provide any of the Items below to the Defendant at her request and to provide any information that she is unable to obtain in order to have this order honored for direct payment of military pension benefits. a. A copy of this court decree dividing his retired pay, certified within ninety (90) days immediately preceding its service on the Defense Finance and Accounting Service (DFAS). b. A statement to the Defendant which verifies that the decree has not been modified, superseded or set aside. c. The parties marriage certificate. d. The Plaintiff's current address. 6. Pursuant to state and federal law, Defendant is entitled to a share of the Plaintiff's military retirement benefits, which share is described hereafter. Plaintiff is In military service and Is eligible for retired pay in accordance with applicable federal law. 7. The Plaintiff assigns to the Defendant a portion of his military retired pay. The Defendant is entitled to a direct payment in the amount specified in Paragraph 1 of the Decree below from DFAS from the Plaintiff's disposable retired pay. The Defendant shall receive payments at the same time as the Plaintiff. 8. The Plaintiff's military retired pay constitutes marital property and to the extent it Is based on active duty performed between the date of marriage and the date the parties divorced. Defendant's share shall be set forth in Paragraph 1 of the Decree below. The Defendant should receive the same percent of all cost-of-Iiving adjustments which the Plaintiff receives after his retirement. ...- --- ..", _"'00.. ,.~~ I 9. The Defendant's entiUementto her portion of retired pay accrues only upon the Plaintiff's retirement and shall cease at the death of either party, except as stated in Paragraph 9 of the Decree below. The Defendant agrees that any future overpayments to her are recoverable and s'ubjectto involuntary collection from her estate. The Defendant agrees further to notify DFAS about any changes in this agreement or the order affecting these provisions of it. or in the eligibility of any recipient receiving benefits pursuant to it. 10. The parties intend that this order qualify for direct payment of military pension benefits to the Defendant under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 et. seq. All provisions hereof shall be interpreted liberally so as to make this order qualify. 11. The Plaintiff and Defendant stipulate that the following information is correct: a. Plaintiff's mailing address is 4823 Virginia Road, Mechanicsburg, Pennsylvania, 17055. b. Plaintiffs social security number is: 212-58-2761 c. Plaintiff's date of birth is: March 21,1952. d. Plaintiffs military service is with the United States Army. e. Plaintiff entered military service on July 15, 1978. f. Defendant's address is 224 Palmer Street. Apt. B-202, Watertown, New York 13601. g, Defendants's social security number is: 244-47.3933 12. Plaintiff agrees to cooperate with Defendant in executing an application for direct payment to Defendant from Plaintiffs retired pay pursuant to 10 U.S.C. Section 1408, and he agrees to execute all documents that DFAS may require for direct payments to Defendant. 13. Plaintiffs rights under the Soldiers' and Sailors' Civil Relief Act, 50 U.S.C. App. ~~ 501-548 and 560-591, have been observed and honored. 14. This court is a "court of competent jurisdiction' under 10 U.S.C. ~ 1408 (a)(1). This order bears the certification of said county's Prothonotary has not been amended, superseded, or set aside by any subsequent order. 15. It is Intended that the Defendant shall receive her full share of Plaintiffs retirement, calculated as set out below and without reduction fro VA disability pay, Dual Compensation Act income or any other reason. 16. The parties were married for a period of more than ten years during which time Defendant performed more than ten years of creditable military service. The parties were married during Defendant's creditable military service from July 3, 1987 to the date of the Divorce Decree incorporating this Order. 17. The Defendant is eligible for coverage as the beneficiary of Plaintiffs Survivor Benefit Plan, as set forth below. 18. The terms of this order are fair, reasonable, adequate and necessary. 19. The parties have knowingly and voluntarily consented to this order. 20. The parties are entitled to the relief granted below. .,'......,-.-."'-.. CONCLUSIONS OF LAW 1. This court has jurisdiction over the subject matter of this action and the parties hereto. 2. Defendant is entitled to an assignment of Plaintiffs United States military retirement benefits as set forth herein, subject 10 the conditions set forth in the DECREE below. 3. The facts above are incorporated herein by reference to the extent that they represent a conclusion of law. 4. The terms of this order are fair, reasonable, adequate and necessary. 5. The parties knowingly and voluntarily consented to this ordor. 6. The parties are entitled to the relief granted below. DECREE AND ORDER IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT: 1. Defendant is granted an assignment of a part of Plaintiffs military retirement benefits. The Defendant shall receive twenty (20%) percent of Plaintiffs military retirement pay. 2. Defendant shall receive the same percent of all cost-of-Iiving adjustments which Plaintiff receives after his retirement. 3. Defendant shall begin to receive the above-stated amount of Plaintiffs retirement benefits at the time Plaintiffs military retirement benefit payments begin. Defendant's entitlement to her portion of retired pay accrues only upon the Plaintiffs , . retirement and shall end at the death of either party, except as staled in paragraph 9 below (SBP). 4. When DFAS has determined that this order meets the requirements of the appllceble federal law and is acceptable as a direct-pay military pension division order, then it shall carry out the provisions of this order. DFAS shall give written notice to Plaintiff at her address contained in this order and to her counsel, Robert L. O'Brien, Esquire, located at 17 West South Street, Carlisle, Pennsylvania 17013, that this order will be honored as a direct-pay military pension division order. 5. If Defendant moves from her current address, she shall promptly notify DFAS In writing of her new address. 6. If Plaintiff receives VA disability payor obtains federal employment and this event causes a reduction of Plaintiff's disposable retired pay, Plaintiff will pay to Defendant directly the full monthly amount provided herein or any portion thereof that his not paid directly to her. 7. The monthly payments herein shall be paid to Defendanto"egardless of her marital status and shall not end at remarriage. 8. The court retains jurisdiction over this matter to amend this order to cause it to meet the definition of a military pension division order pursuant to 10 U.S.C. ~ 1408. 9. The Plaintiff agrees to, and shall, elect to make the Defendant the sole primary beneficiary of the Survivor Benefit Plan (SBP) within sixty (60) days of the date of the filing of this order and to provide a copy of said election to the Defendant. Plaintiff shall elect the spouse-only portion and shall select as the base amount the full amount of monthly retired pay. If Plaintiff fails to make said election, an amount equal to the present vaiue of the SBP coverage for the Defendant, shall at the death of Plaintiff, become an obligation of his estate. In addition, the Defendant shall be entitled to such remedies for breach as are available to her In a court of law. This the ,199 day of Judge WE CONSENT: OR PLAINTIFF ON~ PLAINTIFF (1~~/<,_ ..)J;f / ~\ r- ~ ~ ATTORNE FORDEFENDANT ~ " . AVI SOKOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 95-7113 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE IFANG SOKOL, Defendant PETITION TO JOIN ADDITIONAL COUNTS 1) Petitioner is I-Fang Sokol, the Defendant in the above- captioned action, residing at 224 Palmer Street, Watertown, New York, 13601. 2) Respondent is Avi Sokol, the Plaintiff in the above- captioned action. Mr. Sokol is currently in the U.S. Army on active duty and stationed in the Watertown area. COUNT I PROPERTY AND DEBT DISTRIBUTION 3) The averments of Paragraphs 1 & 2 herein, are incorporated herein by reference. 4) Petitioner avers that the parties have debts and property that have to be adjusted in the context of the divorce. COUNT II ALIMONY 5) The averments in Paragraphs 1 through 4 herein are incorporated herein by reference. ~ ;J2u~ fJ~ ,&tlc...cJ:.l.... . . . . . ~ 6) Petitioner joins a claim for alimony and alimony pendente lite to the above-captioned action. COUNT III COUNSEL FEES AND COSTS 7) The averments of Paragraphs 1 through 6 herein are incorporated herein by reference. 8) Petitioner joins a claim for reimbursement of counsel fees and costs incurred in defending the action, said counsel fees and costs to be paid by the Respondent. WHEREFORE, Petitioner respectfully requests that the related claims of property and debt distribution, alimony and alimony pendente lite, and counsel fees and costs be joined to the Respondent's Divorce Action. Respectfully submitted, O'BRIEN, BARIC & SCHERER By Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . ..)'-', .1,..' ..].-'.....cZ>J-C '" .. . . . I verify that the statements made in the foregoing Petition to Join Additional Counts are true and correct to the best of my knowledge, information and belief. I understand that flllse statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~ Dated: ~/l,~t-I/- '11> j' 1.~' " .~ ,.....: '. ~ AVI SOKOL, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM IFANG SOKOL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY Dear Mr. Welker: Please enter a Rule upon the Plaintiff, Avi Sokol, to file a Bill of Particulars in the above-captioned action. DATE: ~ O'BRIEN, BARIC & SCHERER I Byr' ~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. " 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 RULE TO THE PLAINTIFF. AVI SOKOL: YOU ARE DIRECTED TO FILE A BILL OF PARTICULARS IN THE ABOVE-CAPTIONED ACTION OR SUFFER A JUDGMENT OF NON PROS. SAID BILL OF PARTICULARS TO BE FILED TWENTY (20) DAYS AFTER SERVICE. v . (' ,) flI , t. Ull.\Ll.UJ"" PROTHONOTARY L....~,,'- 2:l PI ~"\<.'''''' G,,,,/; , . \ ,-~.."..:",.,." ~ It) ?= ..:r :-:~ .~ .. ,- '- n ('"> .;-..~.. ~t . ~.-- -- ,)~~ .,- w:: -)~ I., 0,'. r- "t" 61 !;~ u.:1..~ - ...- __II' c.:: II.U u:; " ,,- '.1"- F"': t<t;': ::) It. to Q c\ oJ ~""'~~'.~.- """...... . AVI SOKOL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IFANG SOKOL, DEFENDANT . . : 95-7113 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of April, 1996, a hearing on the within petition for counsel fees shall be held In Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:30 p,m., Monday, May 6, 1996, By the Cou1, / / Robert L. O'Brien, Esquire For Plaintiff c'6(f~W ,.,...;~.<.- 'f/,.)S/H. ..b. -6' , Michelle B. Stokes, Esquire For Defendant :saa _""'~"'~~r.r.o_,,,,.. FtFi) Q,'=FICr: (',r:n ",! " :0" ':'7".",'( OJ" M',,! ?I) (,,~ ''')2 -' ", 'tl;. " ll.,., {~,-' /.\' . , >. ,'. .', C'. .', . '. .... ".'.'....Ii...>t'",:.J 1"'11 l~f'IN::;\L\;'.J\'VI" , _,-',.1',,' AVI SOKOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM V. IFANG SOKOL, Defendant : CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this day of , 1996, upon review of the attached Petition for Special Relief filed by I-Fang Sokol, Defendant in the above-captioned action, a Rule is issued upon Plaintiff/Respondent Avi Sokol to show cause why said relief should not be granted. SAID Rule-to-Show-Cause returnable 20 days from the date of service hereof. BY THE COURT, J. -. IFANG SOKOL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AVI SOKOL, Plaintiff V. PETITION FOR SPECIAL RELIEF 1) Petitioner is I-Fang Sokol, the Defendant in the above- captioned action, residing at 224 Palmer Street, Watertown, New York, 1360l. 2) Respondent is Avi Sokol, the Plaintiff in the above- captioned action. Mr. Sokol is currently in the U.S. Army on active duty and stationed in the Watertown area. 3) The Petitioner has primary physical custody of the parties' minor child, Hanan S. Sokol, born December 18, 1988. Mrs. Sokol is currently not employed and the sole income that she has is child and spousal support as directed by New York and the U.S. Army against the Respondent. 4) The Petitioner has no contact with Pennsylvania and the Respondent's contacts with Pennsylvania are tenuous, as his military service has kept him from residing in Pennsylvania for the past several years. 5) The Respondent elected to pursue the divorce action in Pennsylvania to burden and inconvenience the Petitioner in her defense of the action. . , 6) The Petitioner has deposit $1,000.00 with her attorney, Robert L. O'Brien, Esquire, as a retainer for legal services to be provided in reference to the divorce action. 7) In order to adequately defend this divorce action, the Petitioner requests that the Court order and direct the Respondent to pay the sum of $1,000.00 to Petitioner to reimburse her for the cost of defending the action in Pennsylvania. WHEREFORE, Petitioner respectfully requests that the Court grant special relief to the Petitioner directing the Respondent to pay to her the sum of $1,000.00 as counsel fees in defense of the divorce action. Respectfully submitted, O'BRIEN, BARIC & SCHERER , By -=-~ J..;..v '- Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. #I 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 . . .' I verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. pp:~~ ~.. OKOL , - Dated: .'ft1,~/-I/- 96 AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I vs. I I NO. 95-7113 I FANG SOKOL, I I I Defendllnt. I CIVIL ACTION - LAW IN DIVORCE BILL OF PARTICULARS TO THE HONORABLE, THE JUDGES OF SAID COURTl I I II ,I II II II I, " II " " II d I! Plaintiff, AVI SOKOL, by lInd through his attorney, Michelle B. Stokes, Esquire, of Robineon & Geraldo, files the following Bill of Particulars I 1. During the entire course of the marriage, Wife had an explosive temper and would over-react to circumstances without lIny warning to Plaintiff, thereby provoking many arguments. 2. During the entire course of the marriage Defendant berated and humiliated the Plaintiff to the point that he felt that nothing he did would be acceptable to Defendant. 3. During the course of the marriage, Defendant humiliated Plaintiff in front of his friends and family. 4. Due to Defendant's unprovoked angry outbursts, Plaintiff feared for his personal safety. 5. Defendant has repeatedly threatened and attempted to commit suicide, which has caused Plaintiff extreme stress and worry. 6. Defendant on several occasions throughout the course of the marriage would embarrass Plaintiff by "fixing" the way he was wearing I I I I I I I i p " ~ ~ t d ~ , :1 " !: his clothes when they were out in public, thus belittling Plllintiff and causing Plllintiff to be publicly humi1illted. 7. During the course of the mllrriage, Defendllnt would tllke out her linger towards Plaintiff's children. Specifically, Plaintiff's dllughter hlld a new pair of shoes and was told to put them in her closet. When the dllughter did not put the shoes in the closet, Defendant threw the shoes into the garbage can. 8. Defendant constllntly belittled Plllintiff about his "big behind" which cllused Plaintiff to be humilillted. Specifically, Defendant heard Plaintiff lInd his dllughter laughing at him. 9. When Defendant was mad at Plaintiff, she would refuse to talk to him, sometimes for an entire day. Specifically, on one occasion, Plaintiff did not introduce Defendant to a friend quickly enough causing Defendant to not speak to Plaintiff the remainder of that day. 10. During 1987 Defendant would frequently pack up her things and threaten to leave Plaintiff. 11. In June of 1988, when the parties were traveling to visit Plaintiff's brother, Plaintiff indicated that she wanted to drive when the parties were approximately one hour from their destination. Defendant then purposefully drove the car in the wrong direction lInd the parties eventually arrived at their destination three hours late. 12. In June of 1989, while visiting Plaintiff's sister in West Virginia, Plaintiff indicated that he wanted to watch the news, but Defendant did not want to watch the news so she packed up her bage and threatened to leave with the children. " I ' I II II II I I I I II II II I I, II I I I 13. During the Summer of 1989, Wife undertook II high epeed chllse lifter II car, thinking thllt someone in the cllr hlld thrown something at the parties' car. During the chase, Plaintiff was plllced in fellr for hie bodily sllfety. 14. When the parties were in PlInllmll in October of 1992, the parties were eating dinner during the Sabbath when Defendant started shouting "I'm never going to Israel' I'm never ever going to Israel'" Defendant then began throwing objects, such as plates until Plllintiff calmed her down. 15. In July of 1994, Defendant told Plaintiff that she had taken many sleeping pills. Plaintiff then had to call the E.M.T.'s from the local hospital. 16. In August of 1994, Defendant had her stomach pumped after she took a large quantity of Tylenol and Advil in a suicide attempt. 17. During August of 1994, Defendant implied that she was going to kill her son and commit suicide when she told Plaintiff that "Me and Hanan will die together." 18. In the Summer of 1995, Defendant drank dishwashing liquid because she did not want to get a divorce. 19. During September or October of 1995, while Plaintiff was driving at approximately 65 miles per hour, Defendant tried to jump out of the car because she did not want Plaintiff to divorce her. Plaintiff held Defendant's shoulder and tried to stop the car. Defendant jumped out of the car when the car had been slowed down to approximately 20 miles per hour. Baeed on Defendant's behavior, she was then taken to a nearby hospital for a psychological evaluation. The parties then proceeded with their trip, and Plaintiff let Defendllnt drive in lIn lIttempt to calm her down. Defendllnt began to drive recklessly lit 85 miles per hour, until Plaintiff pulled the key from the ignition lInd the cllr coasted to II stop. 20. While living in Fort Drum in October of 1995, Defendant threatened to commit suicide to Plllintiff lInd stated, "By the time you get back, I'll never have my eyes open agllin." 21. In November of 1995, Defendant said to Plaintiff "You want to divorce me, right?" and handed Plaintiff II butcher knife. Plaintiff put the butcher knife down and Defendant then picked up the butcher knife lInd held the point of the knife to her stomach. Defendant then said "Only one of us will leave here alive." Plllintiff then told their son to call the police. After the son called the police, Defendllnt ripped the phone from the wllll. I Ii , II Respectfully Submitted, :r~~ESqUire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff . VERIFICATION I verify that the stlltements made in the foregoing Bill of PlIrticulllrs lire true and correct to the best of my knowledge. I understand that false stlltemente herein are made subject to the penalties of 18 PlI.e.s. Sectiun 4904, relating to unsworn flllsificlltion to authorities. Av~1:e~nt1ff II il ,I II I I ' I . . AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I vs. I I NO. 95-7113 X FANG SOKOL, I I I Defendant. I CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I Michelle B. stokes, Esquire, do hereby certify that on the ~ay of May, 1996, I cllused a true and correct copy of Plllintiff's Bill of Particu111rs to be served upon the following counsel of record by depositing same in first class, United States mail, postage prepaid, in Harrisburg, Pennsylvania I Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 ~~es, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff AVI SOKOL, Plllintiff/Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-7113 IFANG SOKOL, Defendllnt/Petitioner. CIVIL ACTION - LAW IN DIVORCE NOTICE TO PLEAD TO: IFANG SOKOL lInd ROBERT L. O'BRIEN, ESQUIRE You are hereby notified to file a written response to the enclosed New Matter within twenty (20) dllYs from service hereof or a Default Judgment may be entered against you. Respectfully submitted, Dated I Br ~~h~ M cn{~~s, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Respondent I I Ii I! j, il AVI SOKOL, Plllintiff/Respondent, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-7113 IFANG SOKOL, Defendant/Petitioner. CIVIL ACTION - LAW IN DIVORCE RESPONDENT'S ANSWER TO PETITION FOR SPECIAL RELIEF 1. Admitted. 2. Admitted. 3. Admitted in part. It is admitted that Petitioner has primary phyeical custody of the Parties' minor child. The truth of the averment regarding Petitioner's employment is strictly within the knowledge of Petitioner, and, therefore no answer is required. 4. Denied. It is specifically denied that Respondent's contacts with Pennsylvania are tenuous. By way of further explanation, Respondent's home of record in the military, or domicile, is Pennsylvania. Furthermore, Respondent pays Pennsylvania State Taxes. 5. Denied. It is specifically denied that Respondent pursued the divorce action in Pennsylvania in order to burden Petitioner. By way of further explanation, Respondent is currently stationed in New York and he therefore does not gain an advantage by filing for divorce in Pennsylvania, but filed in Pennsylvania because Pennsylvania is his legal residence. I I ~ ~ ~ ~ I i' " ~ , 6. The truth of this lIverment is strictly within the knowledge of Petitioner, and, therefore no lInswer is required. 7. This lIverment is more properly a prayer for relief, and, therefore no answer is required. NEW MATTER 8. Paragraphs 1 through 7 inclusive of the Petition for Specilll Relief and Respondent's Answers thereto are included herein as if fully set forth hereunder. 9. Respondent was served with the Complaint in Divorce on January 9, 1996. 10. After being served with the Complaint in Divorce, Respondent did not file Preliminary Objections as to venue. 11. Petitioner is currently etationed in New York and is therefore equally burdened with having the Divorce action proceed in Pennsylvania. 12. During II telephone conversation on May 3, 1996, Petitioner's counsel stated to Respondent's counsel that he understood that Respondent had a right to file in Pennsylvania becauee it is Respondent's residence in the military. 13. Petitioner is an able-bodied woman who is capable of obtaining a full-time job. II ~ 14. Pursuant to Pa.R.C.P. 1920.51, the Divorce MlIster mllY hellr testimony regllrding counsel fees. 15. A Master's Hellring would be the more proper forum for Petitioner to raise her claim for counsel fees. WHEREFORE, Respondent respectfully requests this Honorable Court deny Petitioner's request directing Respondent to pay the sum of $1,000.00 as counsel fees. Respectfully submitted, By ~h~A ~ MiC"(~qUire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Respondent VERIFICATION I verify that the statements made in the foregoing Respondent's Answer to Petition for Special Relief lire true and correct to the best of my knowledge. I understand that false statements herein lire mllde subject to the penalties of 18 Pa.C.S. Section 4904, relllting to unsworn falsificlltion to authorities. 'll/J1N r ( Da e / Av~~~ntiff ~, u. , . . ,:-/ .{~ i''';:''"'''~;<;;,_''~'F'::~'''':''; . AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Respondent, I I V. I I NO. 95-7113 I FANG SOKOL, I I I Defendant/Petitioner. I CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I ~iche11e B. l' dllY of MlIY, Stokes, Esquire, do hereby certify that on the 1996, I caused a true and correct copy of Respondent's Answer to Petition for special Relief to be served upon the following counsel of record by depositing same in first clase, United States mail, postage prepaid, in Harrisburg, Pennsylvania I Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Mi~' Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, pennsylvania 17110-5320 (717) 232-8525 Attorney for Reepondent f,i;T~-'3'! ... , , ,~- ..:,-:.',::~~~~i\':. H- -;; "'."','" _....,:,1, ,," , .,c,;: .'_ .~~;~i~:;~r:- , 'rk>,,> 'L.:-: :;-.~>:!" .:t;.:; .' :fl,i. :,~~i . '-~,~ ,J. .-,",;. c..', ~~} " ..:-.:-, ,"Y'. ~", ,:'\,'i~~~~:>-~;: ~l':" ~ ~_H'_"",",,, .._.......""""._"... " Jj\;"" .:/, '-fC-~ ",:,~_,~_'k"''''''",,,'!q~~r..~? ~..r.~,f,:',:,""'?''''''<''-''':- .'.,'_\ ?::',fC;'-~",,' '. ':., '~,:_:,_'" .'. ,'i;'{.~~~_~':,'~/:nj~',~" ,,~::~<::;Z::'>:?;:":'. . ',(717) 232-8525 . " .. . ,,' ROBINSON AND GERALDO>,:' ATtORNEYS AND COUNSELLORS 'AT 1.AW P.O. Box 5320, HAIWSBURG, PENNSYLVANIA 17110.5320 ">~,...'?'!'~.?'~..., ':.", CERT I RUE AND C ., t:CJ CQPY _ LV ,/ RAY 21199lY' .oil ........:. . , ", :} , AVI SOKOL, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IFANG SOKOL, DEFENDANT 95-7113 CIVIL TERM ORDER OF COURT <:::If AN~IS ~5th day of June, 1996, following hearings on the merits of -#p_n .""no an awanI ~~,",.,". IT I. ORDERED ~ that ~l:~'?~~.Ii~ ~sel counsel fees pend~elite in the total amount of $800, payable In monthly $200 Installments on the 15th day of each month commencing August 15, 1998. ..' 7 By the co.. ~rl"I' , /1 ( " Robert L. O'Brien, Esquire I For PlaIntIff ()DAM..~"'t ') 0---(1-' _ ~ ~~(" ~!>19". Michelle B, Stokes~ Esquire .oJ. If . For CllfeAaetm Q I~ :saa FlLEO-QFFlCE OF n 'r: p:'m!'n~',')w1Y 96JPII25 f.1ill:28 CUMS;;RL/H; CUJi'ilY PENNSYLVN.J~ 'J..It' . '6/'/1. 'l-"'t>~1'..... ""J'">P~ \~ ~"/~/(, ).__tj) ~'r.~ ~~ . IFANG SOKOL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AVI SOKOL, Plaintiff V. ORDER OF ~UR) 1 AND NOW this ~'1 day of ~ , 1996, after review of the Motion for Finding of Contempt, a Rule is issued upon Plaintiff, Avi Sokol, to show cause why he should not be held in contempt for his non-payment of counsel fees pendente lite. SAID Rule-to-Show-Cause returnable tCJ days from date of service hereof. "W J /' . ~~-_.'- ',~.".' .,;......_,."',...-~:;.;.^-''',.,.~~.::, - ,...,..""....._-,'._~<.,..-,., FlLEO-DFACE CF ,.,,~ C~~-, '''\' '~-'''Y , l:-~ ~;'. ':'wl,)lJ~l 96 SEP 2'/ fill III I 0 CU""'I. . ": l'l'Y ioj~": -'_'. '.j l/j~\.Il~ I PEN,\S)lWNi/1 ~ .. IFANG SOKOL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AVI SOKOL, Plaintiff V. MOTION FOR FINDING OF CONTEMPT 1) Movant is Robert L. O'Brien, Esquire, attorney for the Defendant in the above-captioned action. 2) Pursuant to an Order of Court dated June 25, 1996, the Plaintiff in the above-captioned action was ordered to pay counsel fees pendente lite of $200.00 on August 15, 1996 and September 15, 1996. 3) The Plaintiff has refused to pay stating that the corrected Court Order is a forgery. WHEREFORE, Defendant respectfully requests that the Court issue a Rule upon Plaintiff to show cause why he should not be held in contempt. Respectfully submitted, O'BRIEN, BARIC & SCHERER By , 7[jg~ Robert L. O'Brien, Esquire Attorney for Defendant I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 ---- September 14, 1996 O'Brien, Baric and Scherer Attenl Rober O'Brien, Esq. carlis1~, Pennsylvania 17013 Dear Attorney O'Brien: Enc10sea please find a copy of "counce1 fees order of court". SSG. Sokol's commander, he try to help me. He told SSG. Sokol. This is law and you have to obey order. Yesterday (Sept. 13) evening between 5:30pm-6:00pm in BN classroom(Buld. 10620). Commander told me SSG. Sokol's answer. SSG. Sokol refuses to obey this order. The reason arel 1). This is illegal order. 2). They crossed out the "defendant pay plaintiff's" wrote "plaintiff pay defendant's" and false initial. The order is forgery. Therefore, SSG. Sokol is waiting for $200.00 installments from me. I should obey the law. SSG. Sokol dis~orts the facts. Would you please help me to clear his delirium. Thank you for your attention on this matter. I am looking forward to hearing from you. Thank you very much again. Very truly yours, ;~t' '., '.- _,c- -.; <~ 1.'-'_-: ',' ,.~ , AVI SOKOL, I I Plaintiff, I v. I I IPANG SOKOL, I I I Defendllnt. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL ACTION - LAW IN DIVORCE AND NOW, this /'7 .BllI& dllY of ~ 1996, a Rule is hereby show ClIUBe why the Motion to Withdrllw issued upon all pllrties to should not be granted. RULE RETURNABLE -.J ~ DAYS i......,. '., . '. ", .. ~ I r .. . l' < ....., " "'.l ' " ,~... ....,.... ,<.' ~ '1 !t: .iu ,,, ,. ,. '-':."\ . OF TrfJ~TMY 96 OCT 18 ^H Bl38 CUMBERUWD COUNTY PENI\lsYl.VANV\ " ,..........-.... '. AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plllintiff, I v. I I NO. 95-7113 I FANG SOKOL, I I I Defendant. I CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW this day of 1996, it is hereby ORDERED and DECREED that Plaintiff's Counsel's Motion to Withdrllw is granted, and the appearance of the law firm of Robinson & Geraldo is hereby withdrawn liS counsel of record for Plaintiff for the above proceedings. BY TifE COURT I J. AVI SOKOL, I I Plaintiff, I v. I I IFANG SOKOL, I I I Defendllnt. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL ACTION - LAW IN DIVORCE MOTION TO WITHDRAW AND NOW COMES Michelle B. Stokes, Esquire of Robinson & Geraldo who, in support of this Motion to Withdrllw, avers the following I 1. On or about October 16, 1995, plllintiff, AVI SOKOL, retllined the law firm of Robinson & Geraldo to represent him throughout the above-docketed divorce and proceeding. 2. Petitioner hlle prepllred lInd filed the Complllint in Divorce, and prep~red and revised II Marrillge Settlement Agreement, lInd corresponded with Defendant's counsel with regard to the divorce proceeding. 3. Plaintiff currently has an outstanding balance with Robinson & Geraldo in the approximate amount of $3810.84. 4. Plaintiff has not made adequate nor consistent payments on his outstanding balllnce, and indicated to Petition on October 7, 1996 during a telephone call thllt he would not mllke further pllyments. 5. Petitioner has made attempts to collect Plaintiff's outstanding balance. See Exhibits "A" and "B". 6. Despite a fee lIgreement requiring payment by Plaintiff for Petitioner's services and the submission of bills to Plaintiff, Plllintiff hils II blllance which is more than 120 dllye overdue. See Exhibit "A" lIttached hereto lInd incorporated herein. 7. The continued representlltion of Plllintiff without pllyment of Petitioner's fees, or the prospect of such payment, hils reeulted lInd will further result in lIn unreasonllble finllncilll burden on petitioner, lInd good cause exists therefore under Rule 1.16b(5) of the PennsylvlInia Rules of Professional conduct for Petitioner's withdrawal. WHEREFORE, Petitioner, Plllintiff's counsel, respectfully requests this Honorable Court to grant this Petition of Counsel for Withdrawal of Appearance. Respectfully eubmitted, /J~bJ A :r~es, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 23'--8525 Attorney for Plaintiff ) ) . .IfIlO'I'IIO"'~ CO..OII'.IO" ROBINSON &. GERALDO ATTORNtVS AT LAW Post OffIC. 90. 5320 Herrolburo. Pennaylvtnoa 17110,5320 C""1Io t 7 East Kg" Slroel Co...... PA 11013 (" ~ ~'5.9'5' "'"'SlluoV "C07 No>1h Front 51. H3rr~.PAI71'O '" n ~3H51S WoShnQlon. D.C. 13'.~".... S,E, WoShilglon, D.C. 2000J l202lll'.c.2118V September 4, 1996 Avi Sokol P.O. Box 111 Fort Drum, New York 13602 Re: Confession of Judament Note Dear Mr. Sokol: As we discussed during our telephone conversation today, enclosed is a Confession of Judgment Note that we are requesting thllt you execute. Upon your execution our interest will be protected insofar as your outstanding balance with the Firm is concerned. We will file and record the Confession of Judgment unless arrangements are made to payoff your outstanding balance. If you do not return the executed Judgment Note to us within ten (fO) days of your receipt, we will be unable to continue representing you, and may be forced to initiate suit against you in order to obtain a Judgment. All costs for initiating the suit, interest and filing fees, will be added to the judgment we obtain increasing your costs. THIS MATTER WARRANTS YOUR IMMEDIATE ATTENTION. Please contact our office upon receipt if you have questions, or return the executed Judgment Note to us in the self-address envelope enclosed for your convenience. Thank you for your prompt attention to this matter. Sincerely yours, ROBINSON & GERALDO ~ By ~ Miche e B. Sto as, Esquire MBS: jmm Enclosure EXhibit A ) CONFESSION OF JUDGMENT AVI SOKOL SEPTEMBER 4, 1996 On September 4, 1996, for value receivod, the undersigned hereby promises to pay to the order of ROBINSON & GERALDO in Harrisburg, Pennsylvania, on or before September 4, 1996, the principal sum of THREE THOUSAND FIVE HUNDRED FIFTY-TWO AND $.50/100 DOLLARS ($3552.50) without defalcation and without interest; provided, however in the event this Note is not paid on or before September 4, 1996, from and therellfter, this Note will bear interest at the rate of twelve percent (12\) per annum until paid in full or until any judgment entered thereon has been satisfied. The undersigned does hereby authorize and empower the Prothonotary, Clerk of Court or any Attorney of any Court of Record of Pennsylvania, or elsewhere, to appear for and to confess judgment lIgainst the undersigned for the above sum, as of any term past, present or future, with or without declaration, with costs of suit, release of errors, without stay of execution, and with forty percent (40\) added as a collection fee; and the undersigned also waives the right of inquisition on any real estate that may be levied upon to collect this Note, and the undersigned does hereby voluntarily condemn the same, and the undersigned hereby authorizes the Prothonotary to enter upon the writ of execution the undersigned's voluntary condemnation; and to be passed. WITNESS my hand and seal the day and year first above written. Signed, sealed and delivered in the presence of: Witness AVI SOKOL (SEAL) ROBINSON &. GERALDO '''O''I'IO''''~ C:O"~Oilt.'IO" ATTORNtYS AT LAW Potl Off"," Bo, 5320 Harnsburg. Pennsytvan.. 17110.5320 c...... .7 Ea.1 Hog/I 51100' CMIIo. Pot. 170'3 1717)245.~1 HomsWg 4407 NerIo Foont SI. HomsWg, Pot. 17110 (717) 232.8525 Wu/wIgton. D,c. 1310~M..S_E. Wu/wIgton. D.C, 20003 l202lMHlIllII October 7, 1996 Avi Sokol P.O. Box 111 Fort Drum, New York 13602 Sok"l v. Sokol No. 95-7113 civil Term Dellr Mr. Sokol I Rei As you know, opposing counsel has filed II Motion for Finding of Contempt since you have not paid the $800.00 as ordered in the June 25, 1996 Order of Court. If you have not received a copy of the Motion, plellse contllct this office and one will be forwarded to you immedilltely. I spoke with Attorney O'Brien today lInd he sllid Ms. Sokol is unwilling to accept your proposed payment pllln in thllt it would take 16 months for you to complete pa ent. Therefore, they will most likely request a hellring. court vou can be fined. 1ailed or bot~. Therefore, this mlltter wllrrllnts your immediate attention. Agllin, I would suggest thllt you obtllin II loan in order to make the pllyments. You currently have lIn outstllnding balance with Robinson & Gerllldo. In order for us to represent you lit the support hellrinq, you must mllke a substantilll payment on your balance. Enclosed please find a Confession of Judgment for your signature. This must be signed and returned to th s office within one week from the date you receive it. Exhibit B ROBINSON &. GERALDO . ,1l0'.I'IO".L co..,a'''''IO'' Sokol, A October 7, 1996 Page :I I have al.o enclosed a drllft of the An.wer to Motion for Finding in Contempt. Plea.. .ign the v.rification and return it! along with the Confes.ion of Judgm.nt, in the enclo.ed, .e f-addr....d, .tamped envelope. I look forwllrd to hearing from you in the n.ar future. ROBINSON , GERALDO :rc:~squire MBSljmm '. VBRIFICATION I verify that the statements made in the foregoinq Motion to Withdrllw lire true and correct to the best of my knowledge. I understand that false statements herein lire made subject to the penalties of 18 PlI.C.S. Section 4904, re111ting to unsworn flllsification to authorities. /t?ei'/- jrp ~~es, ROBINSON & GERALDO Petitioner Esquire '. AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I v. I I NO. 95-7113 I FANG SOKOL, I I Defendllnt. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE ~' , Michelle B. Stokes, Esquire, do hereby certify that on the ay of October 1996, I caused a true and correct copy of the o on to Withdraw to be served upon the following individual lInd counsel of record by first class mail by depositing same in the United States MlIil, postllge prepaid, in Harrisburg, Pennsylvania I Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Respectfully submitted, :rC~~ESqUire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plll1ntlff , I V. I I NO. 95-7113 IFANG SOKOL, I I I Defendant. . CIVIL ACTION - LAW IN DIVORCE . ANSWER TO MOTION FOR FINDING OF CONTEMPT AND NOW, comes Plaintiff, AVI SOKOL, by and through his attorney, Michelle B. Stokes, of Robinson & Geraldo, and makes this Answer to Motion for Finding of Contempt, and in support thereof respectf'llly represents as follows: 1) Admitted. 2 ) Admit ted . 3) Denied. It is specifically denied that Plaintiff has refused to pay stating that the corrected Court Order is a forgery. Said statement was attributed to Plaintiff by way of a letter written by Defendant. See Exhibit "A" attached hereto and incorporated herein. By way of further explanation, Plaintiff is currently paying Defendant $900.00 per month for spousal and child support pursuant to an Order of Court at a term of the Family Court of the State of New York, held in and for the County of Jefferson at Watertown, New York on August 28, 1996. See Exhibit "B" attached hereto and incorporated herein. As such, Plaintiff is financially unable to pay Defendant the full $200.00 per month as ordered by the Order of June 25, 1996. Plaintiff, through counsel, has offered to pay Defendant $50.00 per month to fulfill his obligation. Defendant's counsel has refused Plaintiff's payment offer. ,'".....,.~".... ..'-~., '01'<............,""'...-'" . . ....c;_'....".,.....,,..:.,.._ ---.'....k' .' WHEREFORE, Plaintiff respectfully requests the Court to modify its Order of June 25, 1996, in that Plaintiff would be required to pay Defendant $50.00 per month, Respectfully submitted, :I~:::;:quire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff ,4 I tJ. 7'''''1!'/11, A an'- ,;~ ~fl." - . . ~ .- ) September 14, 1996 O'Brien, Ba:~c and Scherer Atten: Robe: O'Brien, Esq. Carlisle, ~e~nsYlvania 1i013 Dear Attorney O'Brien: Enclose~ please find a copy of "councel fees order of court". - SSG. Sokol's commander, he try to help me. Re told SSG. Sokol. This is law and vou have to obev order. Yesterdav (Sect. 13) evening bet~een ~:30pm-6:00pm in BN classroom(Buid. 10620). Commander t::d ~e SSG. Sokol's answer. SSG. Sokol refuses to obey this order. The reason are: 1). This is illegal ===e:. Z). They crossed out the "defendant pay plaintiff'S" wrote "plain:~!f pay de!endant's" and false initial. The order is forgery. Therefore, SSG. Sokol is waiting for $200.00 installments from me. I shoulc obev the law. SSG. Sokol dis'O;orts the facts. Would you please help me to clear his celirium. Thank you for, your attention on this matter. ' I am looking forward to hearing from you. Thank you very much again. Very truly yours, Exhibit - rq(;l~ ~ At a Term of the Family Court of the state of New York, held in and for the County of Jefferson at Wate~town, New York on August 2B, 1996. PRESENT: PAUL V. FRANK Hearing Examiner In the Matter of a Proceeding for support under Article 4 of the Family Court Act I-Fang Sokol, AMENDED TEMPORARY ORDER OF SUPPORT petitioner, Docket No.: F-1B3-96 -against- Avi Sokol, Respondent. NOTICE: YOUR WILLFUL FAILURE TO OBEY THIS ORDER MAY, AFTER COURT HEARING, RESULT IN YOUR COMMITMENT TO JAIL FOR A TERM NOT TO EXCEED SIX MONTHS, FOR CONTEMPT OF COURT. The above-named Petitioner having filed a Petition in this Court on July B, 1996, alleging that the above-named Respondent is chargeable with the support of certain dependents; and petitioner being represented and appearing with her attorney, Kathy L. Quencer, Esq. with Proven and Quencer and Respondent appearing before this court, having been advised by the court of the right to counsel and to show why an Order of support and other relief prayed for in the Petition should not be granted and Respondent having denied the allegations of the Petition; and The matter having duly comB on to be heard before this court- and the court having a duty pursuant to Family Court Act, section 434 to issue a Temporary Order; it is now therefore ORDERED, that the above-named Respondent is chargeable with the support of the following named persons and is possessed of sufficient means and able to earn such means to provide the payment 1 of Nine Hundred and 00/100 ($900.00) Dollars monthly as follows: JiAU Date of Birth Amount '. $433.91 (04/09/51) ~.\,.-a (12/1B/BB) $466.09; and it I-Fang Sokol Hanan Spkol is further ORDERED, that the Respondent shall pay through the Jefferson County Support collection unit the sum of Nine Hundred and 00/100 ($900.00) Dollars monthly, such payments to commence on August 2, 1996, for the support of the dependents named in the Petition; and it is further ORDERED, that the Respondent shall continue medical insurance for the dependents named in the Petition and pay for those expenses not covered by insurance; and it is further ORDERED, that Respondent shall keep the Jefferson County support Collection unit advised at all times of every change of address, employer's name and address and future changes in employment status including, but not limited to, rate of commission or loss of employment; and it is further ORDERED, that this Order shall be enforceable pursuant to Section 5241 or 5242 of the civil Practice Law and Rules upon a *default in payment, or in any other manner provided by law. Dated: , Watertown, New York 1996 E N T E R, Hearing Examiner *"Default" as defined in CPLR Section 5241 means the failure to remit three (3) payments on the date due in the full amount directed in this Order, or the accumulation of arrears equal to or greater than the amount directed to be paid for one month, whichever occurs first. 2 . ,,-,",,,,~,,,',,",""'''~)OO'N'''~'''''' , .' _.,....-'. .... '" . C"'."..," . _ . ~"" \' .,--..... '-'~'Y-"", ,_ " " VERIFICATION I verify that the atatements made in the foregoing Answer to Motion for Finding of Contempt are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falaification to authorities. I(), II- 1ft, Date ~~t~kes, Esquire Robinson & Geraldo Attorney for Plaintiff AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I vs. I I NO. 95-7113 I FANG SOKOL, . . Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I Michelle B. Stokes, Esquire, do hereby certify that on the 14th day of October, 1996, I caused a true and correct copy of Plaintiff's Answer to Motion for Finding of Contempt to be served upon the following counsel of record by depositing same in first class, United States mail, postage prepaid, in Harrisburg, Pennsylvania: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER l7 West South Street Carlisle, Pennsylvania 17013 Ml~kes, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff ;_:...~ .,' "".; I";' . AVI SOKOL, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-7113 IFANG SOKOL, Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michelle B. stokes, Esquire, do hereby certify that on the 24th day of October 1996, I caused a true and correct copy of the October 17, 1996, Rule to be served upon the following individual and counsel of record by first class mail by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Avi Sokol P.O. Box 111 Fort Drum, New York 13602 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street CarliSle, Pennsylvania l70l3 Respectfully submitted, ~r e ROBINSON Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania (717) 232-8525 Attorney for Plaintiff re 17110-5320 .... .. ROBINSON AND GERALDO ATTOllNtYS AND COUNSLLLOItS AT LAW P.O. Box 5310. HAIWSIURO. PtNNSYLVA,,!'A 17110.5310 . CEtlTIFIED TRUE AND CORRECT COPY (717) 232.8525 .' -. ~'. AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 95-7113 IFANG SOKOL, Defendant. CIVIL ACTION - LAW IN DIVORCE AND NOW this ~ day of 1996, upon consideration of the attached Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule which was issued on October 17, 1996, to show cause why Plaintiff's Counsel should not be permitted to withdraw his appearance of record for the Plaintiff in the above matter, is made absolute, and that Plaintiff's Counsel's Motion to Withdraw is granted, and the appearance of the Law Firm of Robinson & Geraldo is hereby withdrawn as counsel of record for Plaintiff for the above proceedings. / / BY;;J/;U J. FILeD-OFFICE: Of: i"~ '-'Wm f'), 107i'JlY 9~ "C'l' I fj Milo: iJ 5 cu/,:::,~:.;,... iI., 1..0,.'l.;rv FENNSYLVANIA The Petition of Michelle B. Stokes, Esquire, of the Law Offices of Robinson & Geraldo, respectfully moves this Court to make the Rule to Show Cause absolute and in support thereof represents: 1. On or about October 16, 1996, Plaintiff's Counsel filed a Motion to Withdraw from the above-captioned case. See Exhibit "A" attached hereto and incorporated herein. 2. On or about October 17, 1996, the Court issued a Rule on all parties to show cause why Plaintiff's counsel's Motion to Withdraw should not be granted. The rule was returnable within fifteen (15) days of service. See Exhibit "B" attached hereto and incorporated herein. 3. Said Rule was served on Plaintiff and Defendant's Counsel on October 24, 1996. See Exhibit "C" attached hereto and incorporated herein. 4. As of November 8, 1996, the parties have not answered Plaintiff's counsel's Motion to Withdraw nor the Rule to Show Cause issued by the Court on October 17, 1996. The fifteen (15) days from which the Rule was returnable has now expired. ..',,,,'. ," .~.. "'.' ,~-,_."'''''''''''-''''."''' WHEREFORE, Counsel for Plaintiff requests that this Court make the Rule to Show Cause absolute and grant the Motion to Withdraw, thus allowing Plaintiff's counsel to withdraw his appearance for Plaintiff in this action. Respectfully submitted, BY~~ Mi~(r;; ~~i'es, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff AVI SOKOL, I I plaintiff , I v. . . I IFANG SOKOL, I I I Defendant. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL ACTION - LAW IN DIVORCE MOTION TO WITHDRAW AND NOW COMES Michelle B. Stokes, Esquire of Robinson & Geraldo who, in support of this Motion to withdraw, avers the following I 1. On or about October l6, 1995, Plaintiff, AVI SOKOL, retained the law firm of Robinson & Geraldo to represent him throughout the above-docketed divorce and proceeding. 2. Petitioner has prepared and filed the Complaint in Divorce, and prep,red and revised a Marriage Settlement Agreement, and corresponded with Defendant's counsel with regard to the divorce proceeding. 3. plaintiff currently has an outstanding balance with Robinson & Geraldo in the approximate amount of $3810.84. 4. Plaintiff has not made adequate nor consistent payments on his outstanding balance, and indicated to petition on October 7, 1996 during a telephone call that he would not make further payments. 5. Petitioner has made attempts to collect Plaintiff's outstanding balance. See Exhibits "A" and "B". 6. Despite a fee agreement requiring payment by Plaintiff for Petitioner's services and the submission of bills to Plaintiff, Exhibit 11]\" Plaintiff has a balance which is more than 120 days overdue. See Exhibit "A" attached hereto and incorporated herein. 7. The continued representation of Plaintiff without payment of Petitioner's fees, or the prospect of such payment, has resulted and will further result in an unreasonable financial burden on Petitioner, and good cause exists therefore under Rule 1.16b(5) of the Pennsylvania Rules of Professional conduct for Petitioner's withdrawal. WHEREFORE, Petitioner, Plaintiff's counsel, respectfully requests this Honorable Court to grant this Petition of Counsel for Withdrawal of Appearance. Respectfully submitted, :r~es, ~squire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff ) ROBINSON &. GERAlDO . -"0""10".' cO..O."IO.. ATTOANtl'S AT LAW Pool OfflC' So. 5320 Ha""bIlIO. ""'nsylye".. 17110.5320 c...... "bl'H.gftScIOtI c...-,lO, ... 1 '013 l"lJ2"""1 ""'"'""'0 're'_.'_51. ~"'17110 I" lJ 232015~ WI....,..., D.C. t31, ~.._,..... ....., S.I!. WuItong..... O,C, 20003 l202l5401o2l11ll September 4, 1996 Avi Sokol P.O. Box 111 Fort Drum, New York 13602 He: Confession of Judament Note Dear Mr. Sokol: As we discussed during our telephone conversation today, enclosed is a Confession of JUdgment Note that we are requesting that you execute. Upon your execution our interest will be protected insofar as your outstanding balance with the Firm is concerned. We will file and record the Confession of Judgment unless arrangements are made to payoff your outstanding balance. If you do not return the executed Judgment Note to us within ten (rO) days of your receipt, we will be unable to continue representing you, and may be forced to initiate suit against you in order to obtain a JUdgment. All costs for initiating the suit, interest and filing fees, will be added to the judgment we obtain increasing your costs. THIS MATTER WARRANTS YOUR IMMEDIATE ATTENTION. Please contact our office upon receipt if you have questions, or return the executed Judgment Note to us in the self-address envelope enclosed for your convenience. Thank you for your prompt attention to this matter. Sincerely yours, ROBINSON & GERALDO MBS:jrnrn Enclosure BY~ Miche e B. Sto es, ~qUire Exhlbll I ' ) CONFESSION OF JUDGMENT AVI SOKOL SEPTEMBER 4, 1996 On September 4, 1996, for value received, the undersigned hereby promises to pay to the order of ROBINSON & GERALDO in Harrisburg, Pennsylvania, on or before September 4, 1996, the principal sum of THREE THOUSAND FIVE HUNDRED FIFTY-TWO AND $.50/100 DOLLARS ($3552.50) without defalcation and without interest; provided, however in the event this Note is not paid on or before September 4, 1996, from and thereafter, this Note will bear interest at the rate of twelve percent (12') per annum until paid in full or until any judgment entered thereon has been'satisfied. The undersigned does hereby authorize and empower the Prothonot~ry, Clerk of Court or any Attorney of any Court of Record of Pennsylvania, or elsewhere, to appear for and to confess judgment against the undersigned for the above sum, as of any term past, present or future, with or without declaration, with costs of suit, release of errors, without stay of execution, and with forty percent (40') added as a collection fee; and the undersigned also waives the right of inquisition on any real estate that may be levied upon to collect this Note, and the undersigned does hereby voluntarily condemn the same, and the undersigned hereby authorizes the Prothonotary to enter upon the writ of execution the undersigned's voluntary condemnation; and to be passed. WITNESS my hand and seal the day and year first above written. Signed, sealed and delivered in the presence Ofl Witness AVl SOKOL (SEAL) I i - ROBINSON &.. GERALDO . ".0""'0".10 cO....O..'IO.. ATTO.N1YS AT LAW Poll OIl... So. 5.:120 H''''"burg, I'onntytvonoo 17110.5320 c...... III!uIHogft_ ~,~ "Ol~ 1111)2'5.11<51 ~ '.07"""'" ,_ Sl HImollutg. ~ 17110 171 I) 2~H52S \YuIloogton. O,C. 1~II~Aoe..S,E. ---. D.C, 200IXI lml ""2811I October 7, 1996 Avi Sokol P.O. Box 111 Fort Drum, New York 13602 ReI ~Vil Term Dear Mr. Sokol I As you know, opposing counsel has filed a Motion for Finding of Contempt since you have not paid the $800.00 as ordered in the June 25, 1996 Order of Court. If you have not received a copy of the Motion, please contact this office and one will be forwarded to you immediately. I spoke with Attorney O'Brien today and he said Ms. Sokol is unwilling to accept your proposed payment plan in that it would take 16 months for you to complete pa ent. Therefore, they will most likely request a hearing. . Therefore, this matter warrants your ate attent on. Again, I would suggest that you obtain a loan in order to make the payments. You currently have an outstanding balance with Robinson & Geraldo. In order for us to represent you at the support hearing, you must make a substantial payment on your balance. Enclosed please find a Confession of Judgment for rour signature. This must be signed and returned to th s office within one week from the date you receive it. E.h,b,1 B . h ",.,' ">.c""O.""'." ""If ROBINSON &. GERALDO . "-0'1"10""" 00"'0_.'10" Sokol, A OCtober 7, 1996 Page 2 I have al.o enclo.ed a draft of the Answer to Motion for Finding in Contempt. Pl.a.. sign the verification and return it! along with the Confes.ion of Judgm.nt, in the enclo.ed, .. f-addr....d, .tamped .nv.lop.. I look forward to hearing from you in the near future. DS I jmm ROBINSON , GERALDO =r'c~.qu1re VERIPICATION I verify that the statements made in the foregoing Motion to Withdraw are true and correct to the best of my knowledge. 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. lP'ir-j(p ate ~~es, ROBINSON , GERALDO Petitioner Esqu1re AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , I v. I I NO. 95-7113 IFANG SOKOL, I I . . Defendant. CIVIL ACTION - LAW IN DIVORCE Respectfully submitted, CERTIFICATE OF SERVICE ~' Michelle B. Stokes, Esquire, do hereby certify that on the ay of October 1996, I caused a true and correct copy of the o on to Withdraw to be served upon the following individual and counsel of record by first class mail by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania I Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Stre~t Carlisle, Pennsylvania 17013 :r~s, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff AVI SOKOL, I I PlaintU f, I V. I I IFANG SOKOL, I I I Defendant. I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL ACTION - LAW IN DIVORCE AND NOW, this 1'7 issued upon all parties to should not be granted. mu& day of ~_, 1996, a Rule is hereby show cause why the Motion to Withdraw RULE RETURNABLE 1';- DAYS FROM SERVICE. IS/ &.rv ~. '7:f3.t~d- J. !~UE COpy FROM RECORD In T ~3tlll!nny \\hrr~af. I hare unto set my hand and the se~ said Court at Carlisle, Pa. This ....Ut........ day of.....0 -,j. , 19 OL a.'~ ~.~..., ...l.f;'. -_....~~...a. , "lO~. ~ .... .p~~~noh;.- Exhibit tint! AVI SOKOL, I IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO. 95-7113 I FANG SOKOL, . . . . Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michelle B. Stokes, Esquire, do hereby certify that on the 24th day of October 1996, I caused a true and correct copy of the October 17, 1996, Rule to be served upon the following individual and counsel of record by first class mail by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Avi Sokol P.O. Box 111 Fort Drum, New York 13602 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania l70l3 Respectfully submitted, :r e ROBINSON Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania (717) 232-8525 Attorney for Plaintiff re 17110-5320 Exhibit liCit ~ Hie e e . 0 es, Esquire ROBINSON & GERALDO Counsel for Plaintiff VERIFICATION I verify that the statements made in this foregoing Motion to Make Rule Absolute 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. Plaintiff, : IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA : I I NO. 95-7113 AVI SOKOL, v. IFANG SOKOL, Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michelle B. Stokes, Esquire, do hereby certify that on the 8th day of November, 1996, I caused a true and correct copy of the Motion to Make Rule Absolute upon the following individual and counsel of record by first class mail by depositing same in the United States Mail, postage prepaid, in Harrisburg, Pennsylvania: Avi Sokol D. Co. 11th MI. BN. Fort Drum, New York 13602 Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Respectfully Submitted, :rd~~ Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania l7ll0-5320 (717) 232-8525 Attorney for Plaintiff ~.. ."-:\":-.'<< '- AVI SOKOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. IFANG SOKOL, Defendant ORDER OF COURT AND NOW this IO-{J. day of ~,U_'d~ , 1996, a hearing on the contempt issue shall be held the JII 01 day of lkJ'M,...t<e..... , 1991L, at 1/:00 a.m./po.-. in Court Room No., ::J.. at the Cumberland County Courthouse, Carlisle Pennsylvania. BY THE J I ,.,,1', ""'~:,,:. :~; .,<.;~~:;'~.;.~;~_';"''; , .~_ ,. co.",..>->-,., ;.",.,I....-_'-'p-~.....,....,'"'.,_....~~ FIlr:D-omCE C~ TI..: "-'T' ,'" '''-'.'{ " , .. JI/." S6 [1[C 10 JUII[J: 32 c.:U".;.J.'I~,'., ,.) f-.-:.....,...;':.il PENNSYLVNJ;,\ ~.~ "~,_...... -- " """)"'. l~'-" ............. c; ;_,":,~.;,.,.t;.,.;o~.'. ~.: .", .'.>:t".~_.';"',;t:i.;,:1':"'~~.;~..,-~:~~u~,~"'~~~,',.~ '~..~.~--;_..;"',.~..~._-.;.._~'~~." '-'"";-''''''!'l~_,,,,,,>y,,-,'''I!II~,'''_ ,-"~',,,,=.,~~,;<,::"O"_' :.......',.::.-; -.-.__..,.-"t,T'~;.i>/i ~ ..J-.,. . . ......""'""~.B'!'.rS._-. .~ .~ AVI SOKOL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7113 CIVIL TERM V. IFANG SOKOL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR HEARING ON CONTEMPT 1) Movant is Robert L. O'Brien, Esquire, attorney for the Defendant Wife in the above-captioned action. 2) Respondent is Avi Sokol, P.O. Box l11 Fort Drum, New York 13602, the Plaintiff Husband in the action. 3) A Motion For Finding of Contempt and Rule were filed by Movant and an Answer to the Rule filed by Respondent. 4) Movant requests, on behalf of Defendant Wife, that a hearing on the matter be scheduled. Respectfully submitted, O'BRIEN, BARIC & SCHERER By ,-- ~&sAu.:.- Robert L. O'Brien, Esquire Attorney for Defendant J.D. " 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 t.~. ---'~~>"~~;:1.:..:'t~~~_ '"''.~'<':'''''''':--''' ..'1 AVI SOKOL, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IFANG SOKOL, DEFENDANT 95-7113 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of December, 1996, the hearing scheduled for December 31, 1996, IS CANCELLED and rescheduled for Friday, January 17, 1997, at 11:00 a.m., In Courtroom Number 2. Avl Sokol, Pro se D Company 110th MI BN Fort Drum, NY 13802 Robert L. O'Brien, Esquire For Defendant ~~.{ 1.:1.1:J.'1lq~. .d. -r. :saa I' , ...- r.... " w' ,}' ;,;e [~:~..~ S .~ ., f: i1,;' " \, '""',.....,"',.".'<'n~:"l':.'~ FlLED-OFACE OF 1rI:- rt1r.nHC~:OTARY 96 DEe 27 PI1 II ~4 CUMBEHlJ..\D COUNlY PENNSYLV1\NL4 _, ""-"'" .n......,._"""""'.~ ..~;i~:~?'...,": cci_-_-',\ 'T~,.-'-'" - .'. ,~ .> ";-1,.- .~f'q;lf ,........"".,,":". ',.."'.,..- .... ...,~.: -: -,~.: ~ . __',.f,'" . ..... . JOHN P. CHRONISTER and KRISTY L CHRONISTER, PLAINTIFFS : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACfION VI. MA...m;W SCOTI' KING, : 96-582 CIVIL TERM JAMES C. KING and JANET KING, DEFENDANTS : JURY TRIAL DEMANDED PRAECIPE TO REINSTATE WRIT OF SUMMONS To Lawrence E. Welker, Protbonotary: Please reinstate the Writ of Summons and have the Sheriff serve it upon the defendants as follows: Matthew S. King James C. King Janet F. King 1725 Twin Oaks Circle Oviedo. Florida 32765 Respectfully submitted: mWIN, McKNIGHT & HUGHES By: e Date: January 21, 1997 _"',n"'_ "<""'-0 - ,:tl~ AVI SOKOL, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IFANG SOKOL, DEFENDANT 95-7113 CIVIL TERM ORDER OF COURT AND NOW, this 21st day of January, 1997, following a hearing, we find plaintlff, Avl Sokol, In contempt of this court's order of June 25, 1996. Plaintiff may purge himself of contempt by making an $800 payment on account of his wife's counsel fee as required by said order. All proceedings are stayed pending plaintiff purging himself of contempt unless defendant waives such stay. Avi Sokol, Pro se D Company 11 Oth MI BN Fort Drum, NY 13602 Robert L. O'Brien, Esquire For Defendant Edgar B. Bayley, ~ _ I'~ (I~ 1/..2.1/"'" -u . ..J.t'. :saa . FlLEO..o::P,CE Or. 1'r i~ ~r.r,TI'~""I""TI,nv t ..,.",." ,.J ~Ii 91 .I f:!l 2 I fJi 10: III CU'" ".-. ., I~ - ('0' '\'lY I'li..:C;-\;U....J If,.lUll PEN1\SYL:!f ,j~i\ . AVI SOKOL, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-7ll3 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. IFANG SOKOL, Defendant/Petitioner DEFENDANT/PETITIONER'S RESPONSE TO PLAINTIFF/RESPONDENT'S NEW MATTER AND now comes the Defendant/Petitioner, I-Fang Sokol, by and through her attorney, Robert L. O'Brien, Esquire and responds as follows: 8) N/A. 9) Admitted. lO) Admitted. l1) The matter asserted is denied and strict proof thereof is demanded. 12) Defendant/Petitioner has never contested that Pennsylvania has jurisdiction in this matter. l3) Defendant/Petitioner has primary physical custody of the parties' seven year old child. Defendant/Petitioner has made application for jobs consistent with her skills and her duties as a mother and has been unable to secure employment. l4) The matter pending before the Court is a request for Special Relief, Alimony Pendente Lite. The matter should be heard by a judge. 15) As stated, the request by the Defendant/Petitioner is to permit her to adequately defend the divorce action. WHEREFORE, Petitioner respectfully requests that the Court grant special relief to the Petitioner directing the Respondent to pay to her the sum of $1,000.00 as counsel fees in defense of the divorce action. Respectfully submitted, O'BRIEN, BARIC & SCHERER By r ~ J.1J/'- Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner I.D. II 2835l l7 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 - .~ ~ ":. " ., I verify that the statements made in the foregoing Petition for Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. -=-1.:2 ~f 1'0 . ROBERT L. O'B lEN, ESQUIRE Attorney for Defendant/Petitioner Dated: rof1L{qh AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff , v. NO. 95-7113 CIVIL TERM IFANG SOKOL, Defendant. CIVIL ACTION - LAW IN DIVORCE rLA/NTIFF FINANCIAL STATEMENT OF I)EFBIIBAll'f Monthlv EXDenses I I' ,I Ii II II II II I I ,I II II Shelter: Rent. . . . . . . Telephone . . . . . . . $ N/A $ 130.00 a. b. TransDortation: a. Auto Loan payments . . . . b. Auto Insurance . . . . . . c. Auto Expenses/Gas/Repairs. . . .$ 220.00 .$ 68.00 .$ 80.00 Clothina: Self. . . . . . . . . . . . . . . . . .$ 40.00 a. fgQg: . . . .$ 200.00 .$ 20.00 Self . . . , . . . Household Supplies a. b. . . . . . . . II II II II I I I , I I i II , I , I I I I I I Avi Sokol, Plaintiff Income' Expense (Cont.) Loans/Notesa a. Robinson & Geraldo. . . . . . . . . . . $ 60.00 b. Consolidation Loan with Central Bank & Trust . . . . .$ 312.00 c. Consolidation Loan with u.s. Federal. . $ 290.00 ** Please note that the Consolidation Loans are for the purpose of paying the marital debts on the parties' credit card bills. See Exhibits "A" and "B" attached hereto and incorporated herein. Miscellaneous I a. Entertainment .. . . . . . . . . . . .$ 50.00 b. Contribution to Synagogue . . . . . . . $ 10.00 SUDDort a. support for Wife. . . b. Payment of Defendant's Bill. . . . . . . . . . . . . . . . . .$ Telephone . . . . .. . . . $ 700.00 30.00 ** Please note that Plaintiff was previously par.ina Defendant the sum of $1100.00 per month. See Exhibits "C", "D', liE", "F", and "G" attached hereto and incorporated herein. TOTAL MONTHLY EXPENSES $ 2,210.00 Monthlv Income Employer's Name: United States Army Employment: Gross . . . . Net. . . . . . . $2,906.52 $2,183.91 ** See Exhibit "H" attached hereto and incorporated herein. TRUTH IN LENDING DISCLOSURE STATEMENT Borrower's Name and Addressl Creditor's Name and Addressl - -.----- --. .--- ..- ..---- . ---- -.- , ",--" ,-, - ..tn. C!OJtOL- ______-.D~.~. . P.O. ,BOX 111 PT. DRUM, NY '13602 CE~ML~BANK ,~_~U~T P.O. BOX 1039 FORT WORTH, TX 76l0l .You" and .Your" as used below means Borrower(a). ANNUAL PINANCE Amount Financ.d Total of paym.nt. PERCENTAGE CHARGE The lUIlOunt of Th. UIOunC yo~ will RATE The da~lar amount credtt provtdetl have paid after you The coae of your the credit vill coat to you on hav. :ade all pa,..nc. credit .e a yearly rate. you. your behalf. .. Ic!"Aduled. 10.492 " $ 1,641.36 $ 9,600.00 $ 11,241.36 Your payment schedule will be: NWllber-of payment. Amount of payment. Wh.n paym.nt. ara du.. Maturity Dat. 35 $ 312.26 3RD DF MONTH BEGINNING 03-03-96 02-03-99 1 $ 312.26 AT MATURITY PREPAYMENT. If you p.y off .arly, you vill not n..d to pay a p.nalty. s.. your D.bt Control Account Agr....nt for information about nonpayment, d.fault, creditor'. right to acc.l.rate, and pr.paym.nt r.fund. and penaltie.: Exhibit "At! + ~ ~ INrI PIDPW. CNDrf..... MEMBER'S STAT-EMENT OF ACCOUNT hnd InquIn..lo : ,..alNlck AI"' Blvd. RomtI. NV '~~4M Member s.,vtU Lln.. C3tSI33I-'577 or '......3Iao:lODO IUSAI T.llunk "'VIele; f315J337....373 Dt '......2>>'WO IUSAI MavtnO? Pl.... ~t ua know rou' new .dd,.... Regular Sh.... Account. Are Hot Trln,t.r.bl. E.oepl on Th, RecOIda of Th.. 0'01 Union. s.. 'IV"" ..de 'Of 1m ort.nt InlOfmllion The fiNANCE CHARM lot 1ft opt" Ind ~"'. 'OMpu"~ b, appl,lng ... ...1, "'MMhe: ,.. lID ,..,,~.. N""" tDt... ..... AU"''''' or .", I..Il MiaMI WI' DU........"". The _Ill... u... tit ._putt 1M 'IHAHCf CHUG! " the, ba&I,... each ..., ...., "M". 'f. Itl....... Ind MW "d,,"' Of....' .-..... ...., INmber No. 7777708300 212-&8-2781 Sllllmlnl'enod .- 12101/81 1112/31185 Socllllecunty No 'ag. 1 .. DEli". HI. LM"" "'MMI" l.Daft., ...-0.... PtlM..' "'w'MI, Of lhar. Wlthch,..I,. AVI SOKOL P. O. BOX 111 FORT DRUM, NY 13803 YOUR 1888 OFFICIAL BALLOT FOR ELECTION OF UP STATE FCU BOARD OF DIRECTORS NOMINEES IS ENCLOSED. PLEASE READ IT OVER CAREFULLY AND VOTE TODAY I ~-.r 10 Hum..../ 0... Ill. 00.. 12/01 12/04 12/21 12/28 12/28 12/28 12/28 12/28 12/31 12/31 12/31 Tranllction OIeoription 10 00 ,PRIME SHARE Beginning Balance . Withdrawal Tranafar To Share 10 ATM INC USFCU-l Ft Drum PX Mem Dr Depoai t DFAS- IN IND. IN TYPE: ARMY ALLT Withdrawal Tranafar To Loan ATM INC USFCU-7 BLDG P-4230 ATM INC USFCU-7 BLDG P-4230 Depoait Dividend 3.150% Annual Percantaga Yield Earned Ending Balance Dividends Psid Year to Date Ft Drum 01 MINMALL MINMAL~ Ft Dru Ft Dru 0.07 2.84% from 12/01/85 through 12/31/88 8.83 8.83 Trlln_otion Amount 240.88- 281.00 280.24- 0.88 "line. 245.85 8.00 288.00 5.75 ======================================================================================= 12/01 12/04 12/04 12/0'4 12/08 12/08 12/08 12/12 12/13 12/15 12/18 12/18 12/20 12/~O 12/21 12/21 12127 12/27 12/28 12/29 12/28 12/28 , .12./29 12/28 , 1.2/31 12/31 12/31 -Number 001001 001002 001003 10 10 CHECKING ACCOUNT Beginning Balanca Dapoait Transfer From SOKOL,AVI 2125827810 Share 10 Daposit Trsnsfer From Share 00 Withdrawal by Check Withdrewal DELUXE CHECK TYPE: CK CHARGE Check 001002 Check 001001 Check 001003 Check 001005 Check 001004 Check 001007 Cheek n~10~e Check 001008 Withdrewsl Check 001008 Check 001010 Deposit DFAS-IN IND, IN TYPE: ARMY ACT Withdrewsl Transfer To SOKOL,AVI 2125827810 Share lW ---- Withdrawsl. .at ATM _U,87-48JL, u, __ ,_ h, ATM,USFCU,-8 BLDG P-l0750 Ft Drum NY Deposi.t _ Di vi dend. ~. 000% __ '. Annual Percentage Yield Esrned Ending Balsnce Dividends Paid Yesr to Date 281. 00 240.85 188.80- 15.28- 32,02- 24.07- 18.00- 25.00- 11.18- 25.00 - 11.00- 18.68- 30.00- 30.00- 21. 38- 2043.80 1500.00- -- _,__=20.~OJL,. 156. 04 457.04 887.88 502.48 487.24 455.22 431. 15 413. 15 388. 15 378.89 351. 88 34('. C9 324.33 294. 33 284.33 242.84 2288.54 788.54 .7 8Jl-5A__ __ ----- -. -0-7.2 7-87.,U__ 2.03% from 12/01/85 through 12/3~/85 787.26 Amount 24.07 32."02 18.00 Number 001004 001005 001006 Amount 11. 18 25.00 11.00 Number 001007 001008 001008 0.78 Amount 25.00 18.68 30.00 'Number 001010 Amount 21.38 ======================================================================================= ... ANNUAL PERCENTAGE RATE 11.500% ... ID 01 DEST CONSOLIDATION LOAN Baginning Balance Payments Transfer From Shar Ending Bslsnce A Payment of 280.24 is due Intarest Psid Yesr to Date =======================================, '" Continued on following 12/01 12/28 12/31 EXhIbit "n" Periodic Rate (Daily) 5.02 280.24 .031506" 8772.08 8588.87 8588.87 -------------------------------- -------------------------------- U'lOP,\ ,/uP!U4 "jO 1 05.02 _ng IDHu_/ Do" Ill. Do.. ,....,..ction o.KripUon T,.n_otion Amount "~noe .~ ...Ibn NDIML CMOrr UIIOl MEMBER'S STATEMENT OF ACCOUNT lend Inqulnuto; "11 Blick RI....' Bhld Rom.. NY 1:M40-2411 U.mber &'''''01 Lmt. 13'S)33toIt577 Of "__'000 (U3AI T'''L.lnk ~oe; (315P3704373 Of ,oIOC).,3204330 (USA) MOVIng? P..... Ie. UI know your MW .dd,.... "-GUll' Share Account. Ate Not T'In,",tb't E_pl on T.... AeCOf'dl 0' Th.1 Credtt Union. S- feW'" _Ide lOt 1m ott.nl InfOfm.ltton ,.... ''''ANCI CHARGE tDf aft opI" IMlIeN,. I. 10000000II" by IP9Irlfltl 1M....',.,.... .... tu 1..11 ""IN"'."...I""'" IIMt .",...... 01 ..,............. ... out......._ The~. "11M" c""pvll IN 'INAHel CHARGE II ...., MiaM'I 1M" .., ."" ,.,It .,. ."...............w "'"ne.. Of oeM' IN'''' .r....... Member No 7777701300 212-&&-2781 Boa.' Security No. ...'.....1........ ,- 02101/88 ,. 02121188 Page 1 .. D.lm; ....LoM.....~....... ~..'"""..'...wr..l. Ot...... w......... AVI SOKOL P.O. BOX 111 FORT DRUM, NY 13803 OPENING AN IRA COULD MEAN THE DIFFERENCE BETWEEN LIVING WELL AND JUST GETTING BY. COME SEE THE IRA EXPERTS AT UP STATE FEDERAL. WE'LL EXPLAIN IRAS, HOW THEY WORK AND THE VARIETY OF INVESTMENT OPTIONS AVAILABLE TO YOU. ID DO PRIME SHARE Beginning,8elence Depoait DFAS-IN IND, IN TYPE: ARMY ALLT Withdrawal Tranafer TD Loan 01 Depoait by Chack ATM INO USFCU-7 BLDG P.4230 MINMALL Ft Dru Withdrawal at ATM Tranafer H070&4& To Share 10 ATM USFCU-7 BLDG P-4230 MINMALL Ft Drum NY Withdrawal Withdrawal at ATM Transfer H018238 To Share 10 ATM USFCU-1 Ft Drum PX Mem Dr Ft Drum NY Deposit by Check Withdrawal NONLOCAL CHECK FOR 2000.00 5/BUSINESS HOLD ATM INO USFCU'1 Ft Drum PX Mem Dr Ft Drum Withdrawal at ATM H085880 ATM USFCU-8 BLDG P-l0750 Ft Drum NY Deposit Dividend 3. 150~ Annual Percentage Yield Earned 3.20% from 02101198 Ending Balance Dividenda Paid Yaar to Date Dividenda Paid In 1885 _ 8.51 281.00 -287.&1 280.24' 7.27 8000.00 8007.27 440.00- 5587.27 02101 02/01 02/01 02/01 02/07 02/12 02/12 02112 02112 02/18 02121 02121 02/21 02/22 02/22 02/22 02/26 02/28 02/28 02/29 02/28 02/28 02/11 02/11 02111 02111 788. DO- 4771. 27 300. DO. 4471. 27 2000.00 8471.27 101. DO- 8370.27 02125 02125 02/2& 40.00- 8330.27 11.32 8341.58 through 02129/96 8341. 58 11.32 0.8& ======================================================================================= 02/01 ID 10 CHECKING ACCOUNT Beginning Balance 52.41 02/01 Deposit DFAS-IN IND, IN 2084.18 2118.57 02101 TYPE: ARMY ACT 021 1 Chack 001031 021 1 Check 001030 021 1 Withdrawal Tranafer 021 1 To SOKOL,AVI 2125827810 Share 10 021 2 Withdrawal at ATM #018778 021 2 ATM USFCU-l Ft Drum PX Mem Dr Ft Drum NY 02/ 5 Check'~01034 02/ 5 Check 001032 -, 02/ 8 - - . Check-001035-' -.-.-, ...--.....------. 02/ 8 Check 001028' 02/ 8 Check'001038---- --- 02/ 6 Check 001040 021 7 Deposit by Check 02/ 7 Check 001044 021 7 Check 001038 021 7 Check 001033 02/ 7 Check 001037 021 7 Check 001038 021 8 OEP PRENOTIFICATION FROM FT DRUM 02/ 6 Check 001043 021 8 Check 001042 021 2 02/11 Depoait at ATM Transfer #~ 02/12 02/11 From Share DO 02112 02/11 ATM USFCU-7 BLDG P-4230 M . 02/12 02/11 Withdrawal at ATM #070548 02/12 02/11 ATM USFCU-7 BLOG P-4230 M "C" V Continued on followin 18. DO- 13.35- 1050. DO- 2088.57 2085.22 1035.22 40.00' 895.22 128.00- 887.22 '20.00- 847.22 --'--,-0-;-00-.---1137.22 ' 2. DO. "1135.22 '0---,-,- 14; 8F' 820:-2'5-' 14.00' 808.25 251.88 1058.24 35.00' 1023;24 .2.00. DO- 823. 2~ 185. DO- 858.24 43. SO- 814.-44 15.45- 588.88 24.88- 23.65- 440.00 574. DO 550. 35 890.35 20. DO. 870.35 E JlA.. U'.lAqb..."tQ~1h~ , ~ . ~ ~ ..... PIDIML CM&Jrf' &.- MEMBER'S STATEMENT OF ACCOUNT Senclln..... ID; "" Black AI"' INvd. Rom.. NY 1~2411 MemNr &.M~ Un.; '315>>33"8577 Of' ......-.2OClO CUS"'I T...UnIr, "mae; (315~704373 or '.....232~IU."') Movmgf ,......, u. know your n.w .dd,.tI, R.g....,....,. Aocounll In Not 'Tr.nste,.bI. beepl on The Recorela of thIs Credll Union, 1M ,eve'.. ..eM tOllm ot1.nt Inform.llon 'M 'INANCE CHARDI' .... '"' ope"'M kJM I' WftIttu," II, ....yNtf .......,...,.... ,.. lID...h Uftt*lf ___.Iot... ...., ___, ot .,. .M" IN""'. ... OU....M'"' n......... ....d to 10000putl ... 'INANel CHARQf at 1M' ........ .._ .., .., .,...te ... .....-.4 Met _. .......... lithe, ....".....wH. "'m~,No. 7777701300 212.58.2781 locul "cuntv No ........nIP.nod ,- 03/01/18 t. 03/31/98 P.g. 2 - Dr"": ....l..MR.. "".....ed........ ~.. ,...'.... "".,.,U11 ...... W.......IL P-. 10_/ T,.,..allon DIIIClripbn Tran...... Amount 0... Iff, 0." ....... 03/01 ATM USFCU-l Ft Drum PX Mem Dr Ft Drum NY 03/02 ATM INO USFCU'1 Ft Drum PX Mem Dr Ft Drum 03/04 03/03 Deposit et ATM Trsnsfer 11200184 200.00 2887.83 03/04 03/03 From Share 00 03/04 03/03 ATM USFCU-20 Salmon Run Mall Watertown NY U~'04 Witnarawal lranafer 1100.00- 1567.6S 03/04 To SOKOL.AVI 2128827810 Share 10 03/04 Check 001080 14.97 - 1552.86 03/05 Check 001081 32.88- 1518.77 _,03/08 Check 001087, 15.00 - 1504.77 03/11 Check 001088 312.2S- 1182.51 03/11 Check 001085 282.00 - 900.51 03/12 Check 001083 184.00- 738.51 03/12 Check 001088 34.58. 701.95 03/12 Check 001088 31.00 - 870.85 03/14 Check 001084 282.50- 378.45 03/15 Check 001071 21.27- 357.18 03/1S Check 001072 38.81- 318.57 03/18 Check 001073 38. 58- 282.01 03/1S Check 001070 15.88- 2S8.35 03/18 Check 001074 12.82- 253.73 03/20 Check 001075 38.81. 215.12 03/20 ATM INO USFCU-l Ft Drum PX Mem Dr I't Drum 03/25 Deposit by Chsck 88.00 281. 12 03/28 Check 001078 10.00- 271. 12 03/28 Check 001078 14.00- 257. 12 03/28 Deposit at ATM Transfer N012041 13.00 270.12 03/28 From Share 00 03/28 ATM USFCU-l Ft Drum PX Mem Dr Ft Drum NY 03/31 Deposit Dividend 2.000~ 1. 40 271. 52 03/31 Annual Percentage Yield Earned 2. 03~ from 03/01/88 through 03/31/98 03/31 Ending Balance 271. 52 Dividends Paid Year to Date 2.77 Dividends Paid In 1895 0.78 Number Amount Number Amount Number Amount 001080 14.87 001088 31.00 001071 21.27 001081 32.88 001087 15.00 001072 38.81 001083' 184.00 001088 34.5S 001073 38.58 001064 292.50 001088 312.26 001074 12.62 001065 292.00 001070 15.66 001075 36.61 . Asterisk next to number indicates Skip in number sequence ======================================================================================= Number 001076 00107S' Amount 10. 00 14.00 ... ANNUAL PERCENTAGE RATE 11.500~ ... Periodic Rste (Dsily) 03/01 ID 01 DEBT CONSOLIDATION LOAN BJ!B.:l.!'!1i.n.JI_ Balance__. __ 03'(0'''.- '..---Payin-e.ii1:is Jranater'F'ro.-Share 00 213.59- 76.65 03/31 ,.,El)d'L"-lI_BeJ.a.nce_': ...::.~, , _: ..__'_.: A ~ayment of 290.24 is due on 04tOl/96 Interest Paid Year to Date Interest Paid In 1995 .'-'-290.24 . 031506~ 6386.62... . 8175.03 -8.175.03 ======================================================================================= 168.64 105.02 Total Di vi dends Pai-d Year.,.to Date ..,otal.Dividends Paid in 1995 29.66 1. 71 Exhibit :rUt j-O~- -1 '} ~".. :-:: ~3 LiP SlHTE F':U P.03"04 " il .-l ::: 1) ~ L; m ~ " 0 , . ,. I ~ \:) \:, I \:. .....:,:. ~, ~ . ,. \ \. , ':' .. c " . ,'.. (I .-". ~ {<Il" .j~ .' ,4 Exhibit "E" t- , '. r'-'f.-- : ::: ~ I ... 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' ~ tI Q I...S ~ ::! ~ a: - 1 :1 G_ I, U _ Co _ = ft Y" ~ aI aI M 1'1 .0 .. .0 ,.. .. I ~ t- ' lDoo a100 lll: ~U \IlL()W :u:> ~ I ,.."" ...... . ..,,.. ~ aI ~1'1.J17' ~~: o Z I - ti ~ I · i I~II : r It.) CD I 2 '.:::-j--::- i -: . u = ,. I I Q I nil : HI ~ I ~ · 6 ~ W ~ ~ i I I . ." ...... '" ~... c .: ..J ~ o lP l!:l Z c:: L:. Oll :!: ~ :g ... - I, I ..J I cl~ 1 ~m I ~; r c::Cl: I. Il.- I w ~, 6, "'0:: r .,. ,-CD -- Ii; . -- r- :':('6 ~:~'" ,~:-, ,.,~_~,~_~h,_ - --F:~-':~~"-~'-;- ,.'.... I uS . ~ -- _ --. _ -' , _ , I' -. -, -- :i 0.: . - - ..~ .--- ... I :t ;.. I- 1IJ Z - Z Q II! !l ! 1Il .. II! .r:. Vi - :r. u II: - 'ti Exhibit 1tC'" , . ..:.:~ : . ~'. I' " . ...... ,'. ....... . :.~"\' ",::. ,I' .;',' , I ~. ~ '. '.. . ,'. .'. . o~ ~ .." ..' , '.' ;.' '" . DEFENSE nNANCE AND ACCOUNTING SERVICE MILITARY LEAVE AND EARNINGS STATEMENT ~ '~AST. ~I..T. "II ID au. AVI EHTITLEIlENTS TM .MT '1&1 nPl 122:10 1_ AWlT ".n _ M:CT AWlT IU.OO .10 11.12 n:.. .TOT &NT I 101.11 111.00 . C D E , . " I J K L " 11 o _:10 '1_ IBlIlln DI.II 'l&:AofEDICMl 100.00 -.. ,. _,GOO 101.17 _ IIDITM. BAIl 1M f1.IP VIlA .TOT DlD ".03 .T... -TOT AI.", .NIT _"' Z,11i.11 _ea FWD .10 .COft It_y 2.112... TDTIII. .~ TAli TA_ YTD .. TTD .00 ~AY DATA VIllEP -.: I no IIIIIUCT M:I_ ,. 0 GOOI_ !lATE DC _ __ ~ IIATE fED at lit ACe1 . nmonoolD 11010111:111 1_ lASED III UIllEP, Zl~ I_ I I -----.-----. -.~-- .-. -. --. , -. - --- ..-------- . ---..---------- .... ..'\ .. ..\ Exhibit "Hn . . ." . ." , .....;......,. .. . . ..... .. . , ":.' .~. .:. .t', '. .' ------ .' . '.'-. ..-:-~=---' '. . . VERIFICATION I verify that the statements made in the foregoing Income and Expense Statement are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of l8 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (3C{l1!V 9 6 Date ~ Avi SOkOl, Plaintiff . ~02200.1 6/13/96 9116 THC 1i..Clhml III~uil'Y'* ...[;HU ..'is... 3-llIvoieo Hi.l ~-p.,~elll Hhl 7-EII~ J~b Clienl 682 Avl Sokol Opened 10/19/95 Responsibl. T1~ GSR 8illill9 GSH 01'i~ill.lin9 GSH L.~l Invoice... 0008949 0.1.... 5/30/96 A..onl... Last Pay.ent..,II..............., 6/04/96 G20.3:; 60,00 Correnl AIR.... 011 Acel B.hllee Tolal Cr.~lls.. 1.439.08 .00 .00 Adv Rel.iner B.I.nc.... Tl'ust BiIlilIlU~, I. I.. 1'.. Net Balan'e............ .00 .00 1.439.08 Unbilled Fee... Tolal Unbille~. 335.00 335.00 Unbilled Elpen..s,..... Total Inyesl.~nt,..,t., .00 1.774.08 CTO Fees CTO EIP' . .Reported., 2.981.25 31.37 ... Billed... 2.646.25 31.37 .. ,UP/DUWII... NOII"'BilhtJl~ ,"R~ttiy~1I'1 4.53- .00 1.230.47 .00 13.64 .. JD2200 ~3 6/13/96 9116 THC ... Client Inquiry'" Receipt Hi.lury Clienl 682 Avi Sokol Date.. 000000 (---Elller dile to be~in displav wilh I .Dite.. 10120/95 10/31195 11/30/95 12/31/95 2105/96 2105/96 3/11/96 3/11/96 3/31/96 6/04/96 Check' OOCOOOO 0000000 0000000 0000000 0000000 0000000 0000000 0000000 0000000 0000000 198.64 1.36 292.50 5.03 187.97 60.00 .. .Alount. II 500.00 .. 0.... ,Co..ent....... CREDIT APPLICATION CREDIT APPLICATION CREDIT APPLICATION ",CHU ~lY.." I-Sue.n I 3-lIIvoi,e Hi~l 7-End Job 9-Ro 11 8ad 10-Rol1 f.rword Invoi,. ~695 6132 6~01 6~01 6912 6912 6912 7413 7829 .. JD2200&2 6/13/96 9116 THC ... Cllenl In."lrv ... Inyol<e Hlilorv .. . CtlV KEYS... I-Scr.." I ~-P~v..nl HI.I ?-Ro 11 8~d 10-Roll FOl'wiI'd ClIenl 682 Ayl Sokol Dile.. 000000 (---Enter date to begin tel.cllon I nyo Ice 5695 6132 6501 6912 7413 7829 8198 89'19 Date 8i112 10/31195 001 11130/95 DOl 12/31/95 DOl 1131196 DOl 2129196 DOl 3/31/96 DOl 4/30/96 DOl 5/30/96 DOl 0/00/00 0/00100 0/00/00 0/00/00 0/00/00 0/00/00 Inyolce A.I UplDown A.t 207.50 267.50 223.64 298.89 192.50 4.53- 560.00 118.73 820.35 A.ounl Paid 207.50 267.50 223.64 298.89 187.97 60.00 A.ounl Du. 500.00 118.73 820,35 Sheet1 J I- MINIMUM MONTHLY LIVING EXPENSES . ~~_ -L___ -I u _ 1$ J ,-:__ ,~~=_:=_,=:-~_:~:: EX-SPOUS/CHILD SPT'" 868 I ~~~~.LgJ~:~~:~_ =:~____~: ~-::J~~l, _:_ ~__::I:_:=_=: ~~-~~=: ~:=---- ELECTRICITY 65 GASOLINE ----- --- ~-'----'40f---'---- ---,--- r~i=~~OAN.;~;~= ~._- SEARS'- r------'-r------.- --16 - -- -- TELEPHONEBASICSERVIC~]-:: "-26, --------- PA i:AviiYER.-~+--60 ---- ~J~}a~'s:r-UNE:~!+,--=----+--=~~~ -, :~~t::]s'- J'",. ~ ==-~ :J===.:J==== -=:::==:::-=~ 'DUE TO FINANCIAL CONSTRAINTS, I WITHHELD PAYMENTS FROM THESE COMPANIES. "IHArfTCfcAMCECMYWHOLELIFEINSURANCE TO MEET FINANCIAL OBLIGATIONS "'OEDUCTe'DFROM MY ENO-On10N,'tfsALAR'i'-T I I Page 1 - .~ . r-- OEF'ENSE FINANCE AND ACCOUNTING SERVICE HlLJTARV LEAVE. AND EARNINGS STATEMENT -~-'-'--_..- .... : 10 , I CA-IOC IUlJIlITY 214.10 'ICAofBICME 100.00 Illl.I 'lIlI 200,000 100.31_ 100.011 1lOlTM. ~AY IIEUAIOl II..-oIlT /COllI IIDT 1-" IlOV .. SUIIWIv ID ....ttr CLAST, 'JRST. "II ICIItOl. AVI ENTITLEIlENTS Tift NllIUlT Tift . C D E , . H I J K L " N o IIAQ 1M f'LPP IIHA ~ICOIIlIIDT .A"' '&1) .'0' l~' '.71t." ..TOT DCD Z.lst.OI -TOT AL"' 314.11 -HIT A"' '.271.71 .at "&1) .00 -to"" '''v TOtM. 1.'".71 WI'[ 'ICA TAIG ~AY DATA IlElWlKI : TAw no , VIlIEI' YTD DIll TLE .00 YTD DEIXlCT ACll11tSDO 4t D 000117' 1IEC!II1IN IITV ~TN IY m USE '0lIIl 2001-1 IIHA IAIED ON WIllEI'. Zl~ 1:1102 - lP IrAlE Fm CII III '1CT . 77777l'!I_.. IIaD ~A~l:omll..-ollr/COlllIIDT ..110112011 IIllPl'lIllT IIDT laD ~AY IAl.NICE 1100.00 I I ;3'Dl!I=ENDAN11art "p"h'EXHIB-":"'''~' ,~;,~+:.~\,..~J.o ,: '~:;.' ~.~~~j1~';',~ . "", ~. r"~"I-....: .."',I{1l , ~,..j "H""~'~:~ .~:': )"'~\'-I~': :,:~,~~ "~.' \ .ROM : P,n'I=nIC T~O"~~ ~~ >IJ. ATTENI Attorney Robert L. O'Brlen FAX I (717) 249-5755 I-PA~G SOKOL MINIMAL SURVIVAL Rent:. Food (I-Feng & Hanan) Utilites Phone Cable Gasoline Auto Insurance Laundromat:. Hanan'. toys, shoe. & clothes I-Pang's clcthes Hanan'. entertain~ent:. (movie., bOlwlng etc.l Old credit cards det (Avi&I-Fang) ~ontbly payment total Car repair & maintain (I-Fang new credit cards) monthly paYlllent:. total 0/. E"1l",J", +- I Mt'J. 14 1~3S ;,a:~ ~1 Juno 111, 1996 MONTHLY $ 430.00 $ 300.00 $ 80.00 $ 70.00 , 40.00 $ 92.00 $ 62.00 $ 20.00 $ 40.00 $ 30.00 $ 20.00 $ 90.00 $ 50. 00 $1,324.00 AVI SOKOL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 95-7113 IFANG SOKOL, Defendant. CIVIL ACTION - LAW IN DIVORCE BRIEF IN SUPPORT OF DENYING DEFENDANT'S PETITION FOR SPECIAL RELIEF A. PROCEDURAL HISTORY Plaintiff filed a Complaint in Divorce on December 13, 1995, which included a count for Custody, although the Custody matter was subsequently resolved in the Family Court of Jefferson County, New York. Defendant was served with the Complaint in Divorce on January 9, 1996. On or about March 25, 1996, Plaintiff filed his Notice of Intention to Request Entry of Divorce Decree. On or about April 11, 1996, Defendant filed a Petition for Special relief. The Court issued an Order on April 24, 1996, which scheduled a hearing on the Petition for April 24, 1996. By agreement, this hearing was thereafter rescheduled for June 13, 1996. On or about April l7, 1996, Defendant filed a Praecipe requesting a Rule to be entered upon the Plaintiff to file a Bill of Particulars. Plaintiff filed his Affidavit of Consent on May 17, 1996. Additionally, on or about May 17, 1996, Plaintiff filed the Bill of Particulars. Defendant filed Respondent's Answer to Petition for Special Relief with New Matter. On or about June 6, 1996, Defendant's/Petitioner's Response to Plaintiff's/Respondent's New Matter was filed on June 6, 1996. A hearing was held on June 13, 1996, in front of the Honorable Edgar B. Bayley, pursuant to the potition for special Relief, in which Plaintiff's testimony was taken. B. FACTUAL HISTORY Plaintiff and Defendant were married on July 3, 1987. The Parties are the parents of Hanan Shmuel Sokol, born December 18, 1988. Plaintiff is a Sergeant in the United States Army and is currently stationed in Fort Drum, New York. Plaintiff's home of record is Pennsylvania, where he also has had his driver's license issued and is registered to vote. On or around March 11, 1996, Plaintiff forwarded a proposed Marriage Settlement Agreement to Respondent. Plaintiff's counsel contacted Defendant's counsel on March 14, 1996, at which time Defendant's counsel indicated that Defendant did not agree to the terms of the proposed Marriage Settlement Agreement, nor did she intend to consent to a divorce. On or about March 29, 1996, Plaintiff's counsel was informed that Defendant retained an attorney in Pennsylvania. On April 2, 1996, Defendant's counsel contacted Plaintiff's counsel by telephone and stated that a counter-proposal would be forthcoming. On May 31, 1996, Plaintiff's counsel contacted Defendant's Pennsylvania counsel to inquire as to the status of a counterproposal. Defendant's counsel indicated that a counterproposal was not prepared, nor would one be forwarded in the next two weeks. On June 13, 1996, Plaintiff appeared been scheduled as a result of Defendant's for the hearing that Petition for Special had Relief. However, due to an error at Defendant's counsel's office, Defendant was not present at the June 13, 1996, hearing. Plaintiff testified that he receives $2183.91 net monthly income, while he has monthly expenses in the amount of $2210.00. Moreover, Plaintiff testified that he currently pays $3l2.00 per month on a consolidation loan with Central Bank & Trust and $290.00 per month on a consolidation loan with U.S. Federal, both loans having been taken out by Plaintiff in order to pay for the Parties' joint marital credit card debt. Plaintiff further testified that he currently pays Defendant $700.00 per month, and has previously paid Defendant an average of $1100.00 per month since their separation. Plaintiff also testified that his Wife was not disabled, spoke three (3) dialects of Chinese, has a college degree, and has been employed in the past as a waitress, a teacher, and even as a co-owner of a business. Finally, Plaintiff testified that Defendant worked for three (3) out of three and one-half (3 1/2) years of the Parties' marriage. ISSUE WHERE WIFE IS AN ABLE-BODIED, COLLEGE EDUCATED, WOMAN WHO WORKED DURING THE PARTIES' MARRIAGE AND IS CURRENTLY RECEIVING APPROXIMATELY $700.00 PER MONTH FROM PLAINTIFF, RECEIVE $1000.00 ALIMONY PENDENTE LITE, WHERE HUSBAND IS ALREADY PAYING MARITAL DEBT AND DIVORCE ACTION IS STAGNANT? SUGGESTED ANSWER: NO ....."",.-. C. ARGUMENT Plaintiff's domicile is in pennsylvania, which is his home of record in the military, as well as the state where Plaintiff is registered to vote, and the state from which Plaintiff has received his driver's license. Plaintiff "moved" to New York because he was ordered to do so by the United states Army, which currently has him stationed in Fort Drum, New York. Plaintiff intends to return to pennsylvania upon his retirement from the Army sometime in July of 1996. Plaintiff has not in any way demonstrated that he is asserting a change in domicile. Plaintiff did not acquire New York as a domicile merely because he was ordered to be stationed in that state. Wallace v. Wallace, 89 A.2d 769 (1952). McKenna v. McKenna, 422 A.2d 668 (1980). Zinn v. Zinn, 475 A.2d 132 (Pa.Super. 1984). As such, Plaintiff's statement in paragraph 5 of her Petition for Special Relief is incorrect where she states that "{Plaintiff} has elected to pursue the divorce action in Pennsylvania to burden and inconvenience the {Defendant} in her defense of this action." Plaintiff had filed this action in Pennsylvania because it is his home of record, and is equally burdened as Defendant. Rule 1910.16-1 of the Pennsylvania Rules of Civil Procedure states that "The amount of support (child support, spousal support 2X alimony pendente lite)...shall be determined in accordance with the support guidelines...."(emphasis added). This rule is further clarified by its note which states: "Orders for spousal support and alimony pendente lite shall not be in effect simultaneously. I I I i I I II Obviously, the legislature did not intend for a spouse to receive both spousal support and alimony pendente lite. Although there is not a spousal support Order in effect in this case, Plaintiff has shown that he has consistently made a monthly payment to Defendant in the average amount of $1100.00 per month, and specifically $700.00 for the month of June. These payments are documented in the record. The issue of alimony pendente lite and spousal support was addressed in Bowser v. Bowser Pa. D.&C. 4th, 23 Craw.Co.Leg.J. 163. In Bowser, the Wife was seeking alimony pendente lite even though she did not want the divorce to proceed and was already receiving spousal support. The Court found that "alimony pendente lite ... requires that the action be proceeding with some degree of speed." The Court recognized that an award of alimony pendente lite lies solely within the Court's discretion, and ruled that Wife was not entitled to receive alimony pendente lite from her husband. Wife had indicated that she was unwilling to consent to a divorce. The Court ruled that "alimony pendente lite needs more than an action pending, it by definition, requires that the action be proceeding with some degree of speed." In the instant case, the Defendant has also stated through counsel that she does not wish to consent to a divorce, and has expressed this stance by way of the fact that she has done nothing to further the litigation, and even failed to appear for the very hearing which she had requested. As stated in Bowser, "Here the I 11 'I I I II II I I H , 'I II I I I I I I I I II Defendant does receive support, arisino out of the marriaoe relationshiD. Even though she has difficulty supporting herself, it cannot be said that this is caused by the pendency of the action. It is caused by the fact that the Plaintiff no longer lives with her. She is in no worse shape than if he had left and never started the divorce action." (emphasis added). While the Defendant in the instant case may have difficulty supporting herself, she is an able-bodied, cOllege-educated woman who speaks three (3) dialects of Chinese and could procure employment. Furthermore, she is receiving support from her husband, Defendant is consistently receiving support from Plaintiff every month and is also benefitting from the fact that Plaintiff is paying off the Parties' joint marital credit card debt. Although Defendant asserts in paragraph 15 of her Response to Plaintiff/Respondent's New Matter that she is requesting alimony pendente lite "to permit her to adequately defend the divorce action," the record clearly shows that Defendant has filed no pleadings that would further the divorce action. This action is clearly not proceeding with any degree of speed when Plaintiff filed the Complaint in Divorce in December of 1995 and has not yet received any counterproposal from Defendant. In fact, Defendant's Petition for Special Relief has further delayed the divorce matter and caused Plaintiff to incur additional personal and counsel fees, especially in light of the fact that Defendant did not appear for the June 13, 1996, hearing. Alimony pendente lite should not be awarded "{w}here the action remains stagnant {Defendant} does not have any economic outlay that is connected to the divorce action." Id. ""'..'~_'" _'"~''' '.'-,.. '...."..,.."'~.,.~."'~ ,. """,'-",'_'~~.~r,"l'''''''' D. CONCLUSION Therefore, where Defendant is an able-bodied and college educated, and where she worked during the Parties' marriage and is currently receiving approximately $700.00 per month support from Plaintiff, where the divorce action is stagnant, and where Plaintiff is currently paying the Parties' joint credit card marital debt, Plaintiff respectfully requests that the Court deny Defendant's Petition for Special Relief. Respectfully Submitted, BI ~L'1 M c"~~~~f, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania l7ll0-5320 (717) 232-8525 Attorney for Plaintiff AVI SOKOL, I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, I vs. I I NO. 95-'/113 I FANG SOKOL, I I Defendant. CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I Michell~ B. Stokes, Esquire, do hereby certify that on the /~day of June, 1996, I caused a true and correct copy of Defendant's Brief in Support of Denying Defendant's Petition for Special Relief to be served upon the following counsel of record by facsimile and by depositing same in first class, United States mail, postage prepaid, in Harrisburg, Pennsylvania: Robert L. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania l7013 " \)~ / Rj /9t~ d~-?:~~~ Mi~-ri::J:f'~~~es, Esquire ROBINSON & GERALDO Attorney I.D. No. 76272 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff '(717) ..',- ',',. . RoBINSON AND GERALDO ,;c',.iArrollNtvs AND COUNSE~LORS AT LAW '"_.,'"_::,,,,, ',- . . P:O. Box 5320, HARlUSBUIlC, I'tNNSYLVANIA 17110.5320 CERTIFIED TRUE AND CORRECT COpy . 1 9 l006f1/