HomeMy WebLinkAbout96-00154
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· IN THE COURT OF COMMON PLEAS (I
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· OF CUMBERLAND COUNTY 8
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· (I
(I STATE OF PENNA. ~ i
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8 ,GloriaJ,Ha.aylak, f: 8
N ().9.~::J5.t...C;:J1!il,..t\lm1....
. Plaintiff .: .
. \'01':<11" .
8 ::;tephen F." Howrylak" .
(I , Defendant ,i .
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1.1
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· DECREE IN :
· DIVORCE 8
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~ AND NOW,......... mfJ.'(... ..-?~-:'.... 19 .~l... it is ordered and .
· 8.'~.
* decreed that ,..Gloria.J"Howxylak.....,....,.,......"......., plaintiff,
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_ and . . . . . . . . . . . . Stephen F.,. Howrylak. . . . , . . . . . , . . . . . . . . . . . . . . '. defendant, ~
. are divorced from the bonds of matrimony. ~
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. The court retains jurisdiction of the following claims which have .
. been raised of record In this action for which a final order has not yet :
. been entered; ~
· {I.l~. .i!3f1.lJ!!f1, .hfI~. ~~.n, .~.s.o.ly~, P.J.I':s.l\II.n.t, .t.q .t.t1El P,i'I.r:t;~ElE\ '. .WJ;:i,t;t;e:n .1T)ClZ;:i,tClJ. .Ilat;tle- ~
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'" ~!l.t. P~/l.t. ~f1.t~. .F:ep.r:ull,ry. .1.8.,. .1.9.9.7.,. .a6. .CfIlElnqeq MlIy. .9.,. .19.9.7.,. .which. ,.. .
'" agreement e incorporated but not merged into this decree, ~
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'" By T C CIlIIJLI'
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* FY I:
. ^"., ;"/""""oa> c: .{J~ ~~ J. I:
;:: ' ~Ha. ~ ~~, ~J,z. Ii ~,::;,
tI /~)rnthonnlnry
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GLORIA J. HOWRYLAK,
Plaintiff
v.
No. 95-154
IN DIVORCE
STEPHEN F. HOWRYLAK,
Defendant
AND NOW, this
ORDER
__~3-:! _ day of
","'If 1997
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the attached StipUlation and Agreement dated
of the parties in this case is incorporated, but not merged, into
this Order of Court.
By the Court:
J.
~
IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
GLORIA J. HOWRYLAX,
Plaintiff
v.
No. 95-154
IN DIVORCE
STBPHBR P. HOWRYLAI,
Defendant
STIPULATIOR POR THB BNTRY OF · DOHBSTIC RBLATIONS ORDER".
AND NOW, this
day of
, 1997, the
parties, Gloria J. Howrylak, Plaintiff, and stephen F. Howrylak,
Defendant, do hereby Agree and Stipulate as follows:
1. The Defendant, Stephen F. Howrylak, (hereinafter referrod
to as "Member") is a member of the Commonwealth of Pennsylvania,
State Employes I Retirement System (hereinafter referred to as
"SERS" ) .
2. SERS, as a creature of statute, is controlled by the
State Employes'
Retirement Code, 71 Pa.C.S. ~~ 5101-5956
("Retirement Code").
3. Member's date of birth is April 3, 1953, and his Social
Security Number is 200-44-1254.
4. The Plaintiff, Gloria J. Howrylak. (hereinafter referred
to as "Alternate Payee") is the former spouse of Member. Alternate
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Paye~ s date of birth is August 14, 1954 and her social Security
number is 174-38-9931.
5. Member's last known mailing address is:
60 Winter Lane
Enola, PA 17025
6. Alternate Payee's current mailing address is:
27 Southpoint Drive
Mechanicsburg, PA 17055
It is the responsibility of Alternate Payee to keep a current
mailing address on file with SERS at all times.
7. The Alternate Payee's share of the member's retirement
benefi ts is $41,419,89, plus interest which said sum earned or
would earn under the SERS plan from January 11, 1996 to the date of
distribution.
8. Member's retirement benefit is defined as all monies paid
to or on behalf of
Member by SERS, including any lump sum
withdrawals or scheduled or ad hoc increases, but excluding the
disability portion of any disability annuities paid to Member by
SERS or any deferred compensation benefits paid to Hember by SERS.
The equitable distributiGn portion of the marital property
component of Hember' s retirement benefit, as set forth in Paragraph
7, shall be payable to Alternate Payee and shall commence as soon
as administratively feasible on or about the date the Member
actually enters pay status and SERS approves a Domestic Relations
Order incorporating this stipulation and Agreement, whichever is
2
later.
9. Hember hereby nominates Alternate Payee as an irrevocable
beneficiary to the extent of Alternate Payee's equitable
distribution portion of Member's retirement benefit for any death
benefits payable by SERS. This nomination shall become effective
upon approval by the Secretary of the Retirement Board, or his
authorized representative, of any Domestic Relations Order
incorporating this Stipulation and Agreement. The balance of any
death benefit remaining after the allocation of Alternate Payee's
equitable distribution portion ("Balance') shall be paid to the
beneficiaries named by Member on the last Nomination of
Beneficiaries Form filed with the Retirement Board prior to
Hember's death.
a. If the last Nomination of Beneficiaries Form filed
by Hember prior to Hember's death (a) predates any approved
Domestic Relations Order incorporating this Stipulation and
Agreement, and (b) names Alternate Payee as a beneficiary, then:
(1) the terms of the Domestic Relations Order shall alone govern
'.1 ternate Payee's share of any death benefit, and (2) for purposes
of paying the Balance via the last Nomination of Beneficiaries Form
filed with the Retirement Board prior to Member's death, Alternate
Payee shall be treated as if Alternate Payee predeceased Hember. No
portion of the Balance shall be payable to Alternate Payee's
estate.
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b. In addition, Member shall execute and deliver to
Alternate Payee an authorization, in a form acceptable to SERS,
which will authorize SERS to release to Alternate Payee all
relevant information concerning Member's retirement account.
Alternate Payee shall deliver the authorization to SERS which will
allow the Alternate Payee to check that she has been and continues
to be properly nominated under this paragraph.
10. The term and amounts of Member's retirement benefitl3
payable to the Alternate Payee after SERS approves a Domestic
Relations Order incorporating this Stipulation and Agreement is
dependent upGn which option( s) is (are) selected by Member upon
retirement. Member and Alternate Payee expressly agree that Member
shall, select the following retirement option upon filing an
Application for Retirement Allowance with SERS:
a. The Member shall elect Option 4 and of the amount
of Member's total accumulated deductions, the sum
of $41,419.89, plus interest which said sum earned
or would earn under the SERS plan from January 11,
1996 to the date of distribution, shall be
withdrawn and shall be paid to the Alternate Payee
as a lump sum. This amount represents the
Alternate Payee's equitable distribution portion of
the marital prGperty component of Member t s
retirement benefit.
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b. The remaining portion of the Member's retirement
benefit shall be paid to the Member under the
payment option(s) which the Member selects at
retirement, and which are available to the Member
under the terms of the SERS plan.
11. Alternate Payee may not exercise any right, privilege or
option offered by SERS. SERS shall issue individual tax forms to
Member and Alternate Payee for amounts paid to each.
12. In the event of the death of Alternate Payee prior to
receipt of all of her payments payable to her from SERS under this
Order, any death benefit or retirement benefit payable to Alternate
Payee by SERS shall be paid to Alternate Payee's Estate to the
extent of Alternate Payee I s equitable distribution portion of
Hember's retirement benefit as set forth in Paragraphs seven
through ten.
13. In no event shall Alternate Payee have greater benefits
or rights other than those which are available to Hember. Alternate
Payee is not entitled to any benefit not otherwise provided by
SERS. The Alternate Payee is only entitled to the specific benefits
offered by SERS as provided in this Order. All other rights,
privileges and options offered by SERS not granted to Alternate
Payee by this Order are preserved for Hember.
14. It is specifically intended and agreed by the parties
hereto that this Order:
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(a) Does not require SERS to provide any type of
benefit, or any option, not otherwise provided under the Retirement
Code;
(b) Does not require SERS to provide increased benefits
(determined on the basis of actuarial value) unless increased
benefits are paid to Member based upon cost of living or increases
based on other than actuarial values.
15. The parties intend and agree that the terms of this
Stipulation and Agreement shall be approved, adopted and entered as
a Domestic Relations Order.
16. The Court of Common Pleas of Cumberland County,
Pennsylvania, shall retain jurisdiction to amend any Domestic
Relations Order incorporating this Stipulation and Agreement, but
only for the purpose of establishing it or maintaining it as a
Domestic Relations Order; provided, however, that no such amendment
shall require SERS to provide any type or form of benefit, or any
option not otherwise provided by SERS, and further provided that no
such amendment or right of the Court to so amend will invalidate
this existing Order.
17. Upon entry as a Domestic Relations Order, a certified
copy of the Domestic Relations Order and this Stipulation and
Agreement and any attendant documents shall be served upon SERS
immediately. The Domestic Relations Order shall take effect
immediately upon SERS approval and SERS approval of any attendant
6,
documents and then shall remain in effect until further Order of
Court.
WHBRBFORB. the parties, intending to be legally bound by the
terms of this Stipulation and Agreement, do hereunto place their
hands and seals.
Defe
Attorney for Plain
f/Alternate Payee
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ende. Tb", port les l1"'reby ~I,]ive all rtgl1t.s tc, req\lBl>t Court.-,'rdel'",d
counsellrl'J uncer the Dj'/orc,; Cod", It i.. sp.,,:ifically understood
and agroell by th.; Pattie,; that tho" ::ro'!isi.?ns ,:f tillS Agl''')t!ment as
to equitabla di2lributlon of property of the p~rtias are accepted
by ead1 party aR a f illdl settl"'l1Ie..,~ ler all r.'.!t'FO.,,,g whillSo<-!'1er, as
contemplated by the Fennsylvania Divorce Code.
Should a decree, Judgment or order of separation or divorce be
obtained by either of the parties ill this or any other state,
country Dr jurisdiction, each of the parti8s hereby co~sents a~d
agrees that this Agreeme~t and all of its covenants shall not be
affl!ct..c] in ,l:1:: w"y by any stich s"'par,~tion or divo[<.'e; and th.H
nothing in any such decree, jUdgmflnt, orde1' or further modification
or revision thareof Rhall alter, am"'nd or vary any term of this
Agreement, whether or not either or both of the parties shall
remarry. It is specifically agreed. that a copy of this Agreement
or the SUbstance of the prOVisions thereof, may be incorporated by
reft'r<?nt'e into any d,lvon:e, jud'Jment or chH:rp.e. It is the specific
intent of the p~rties to permit this Agreement to survive any
jUdgment and to be forever binding and conl'! usi 'Ie upon the parties.
4. !!;;!,tJLQf._!?XJ!gU_tJoQ: Th", "date of execution" or
"execution date" of this Agreement shall be defined as the day upon
which it is executed by the parties if they have each executed the
agreement on the sam., <.late. Otherwise, the "date of execution" or
"execution date" of this Agreement shall be defined as the date of
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J3:-:~l..\tti.()n by t!'t1 Forty l~,~t 8::ucut.lr.~1 thi.? A9reHm~nt.
.
w.
Pt',l,tr.iQvU,Or[ "".1,',.:
Th'" transfer 07 property. fund;;
and/or documents provLdad for herein. shall unly taka ~lac~ an the
"dis t; ~'ibution ,lei t.," "/h Lch >;ho11 be de fined a.1 spec If i'HI h'<!rein,
6. N!lJ,!Pt.LI?!J,~"'.iIJH1: HIJSBAND an(1 W!FE ead. de hereby mutuall?
rEomise, rel'?ase, '1Ul t,:l,\ Lm ;w(l i01',"ver o1isc1".a1g." thl': othel- o:lnd the
as tate of such other, for all ti.m., to C00l8, and for all purposes
whatsoever, of and from any and all riuhts, title and interests. or
claims in or against the property (including income and gain from
property hereafter a~cruina) of th~ other or against the estate of
such other. ot \'/hatever nature and wheresoever situate, which he or
she now has ur ar ~"~ 'lme h8t~~fter mAY hav'? against the other,
the estat~ of such other or any part thereof, whether arising out
of any former acts, contracts, engagements Dr liabilities of such
other or by way of dower or curtesy. or claims in the natura of
dower or curtesy or widow's or widower's rights, family exemption
or similar allowance, or under the intestate laws, or th~ right to
take against the spouse's will; O~ the ~ight to treat a lifetime
conveyance by the other as testamentary, or all other rights of a
surviving spouse to pnrtici.pate in a deceased spalls8' s estate,
whether arising under the laws of (a) Pannsylvania, (bl any State,
Commonwealth or territory of the United States, or (c) any country,
or any rights which either party may have or at any time hereafter
shall have for past, pres':nt or future support or maintenance,
).t1
alimony, alimony pendente lite, counsel fees, property division,
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('csts ,)t' ,,'xpE'nses. ',~h"th',r 01 :do\J ':,~ , (('I->II,\t ,~i ~l',,~ m,_u'ital
;:"l,~t,lol'lS or l)th,'!r',ds?, .)x.=ept, illl t'i.'JhI.H "n,l dlligat-1Col'I 'Jf
whatsoever natu!'" arl5i1'l<) Ot' \,11110:1'1 l1lo:1Y ,Ins.;, under this Agreement
or for thi:' );t 'Ja,:h 0 f ~11'~' r'fOIf ts I,,:-ns th"r."Qf.
It is the intentlon cf HUSBAND and WIFE to give to each other
by the exe<:Ui:J.'.'r: of tilli, ;\9r&.'10.Jnl: a full I Cl'lOp] 8t;) and gene1'al
release with respoct t~ any and all property of any klnd or nature,
real, pp.rsonal or mi:(8d. ',Ihi<;h t hI? ot h,,1' nCow ('WllS or may hp.reafter
acquire. e:<cept and onl y e:<cept all r 19ht:, and a<)reaments and
obligations of whats~lver nature ari.sinv 0~ which m~y arise unrler
this Agreement or ior the breach of any pt'ovislon thereof.
It is il\rth~r a~r",p.d UH"_ thic. '\'}1-",.-III''I'': Dhal1 be ilnd
constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable
division of property. alimony, counsel fees and expenses, alimony
pendente lite or any other ,~l<1ims pursuant to the Pennsylvania
Divorce Code or the divorce laws of any oth~r jurisdiction.
7. t'!gv4ql~ .9f,{;.Q.lms.<tI: The provlsiollS of t.hif.l Agreement and
their legal effect have been fully e:<plained to WIFE by BARBARA
SUMPLE-SULLIVAN, ESQUIRE. c',)unGel Ior WI FE; and to HUSBAND by
MARYANN MURPHY, ESQUIRE. counsel for HUSBAND.
HUSBAND and WIF! acknowledge and aCcHpt thnt this Agreement
is, in the circumstances, f~l: and equitable and that it is being
entered into freely ilnel 'mluntarily and thi.lt exeeution of this
Agreement is not the result of dlly duress or undue influence and
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th,3t it if; 'j.,t th." l"".UJ t, "f'lI'-:' "c.l,lusl.on or ilO,'rop'H c.( i ~ l",g<l1
a9reom~nt or dgr8~m8ntJ,
8. If:1J:r.l:lQ!;L-!!,'; ___!,9__hr..:-;.ipi;j rilL. fJ};>)iillttiS)!!,<i: E.ldl par t y
r')pr':1sents that he or she hils not h':1r-1tofor"J incurred Ot. c0I1tr,~cter.l
for any r.lebt or liability or obliglltion [Of which the 8Btllta of the
oth':1l' party may be responHible or liabl~ ':1xcept as lOay be provided
for in this Agreement. Each party agre':1s to indemnify and hold the
other party harmless for and3gain~t any and all such debts,
liabilities or obligations of eVBry kind which lOay have heretofore
been incurred by them, inclUding those for necessities. except for
the obli'1ation arisin(l nut of this Agreement.
9. 1!.Hs.rIlf.(LDJrl;J'J'~; HUSBAND IInd WIFE ilgree that the only
existing m,uital debts \"\re tho? fOll,)winlJ :
(i) Home Equity Loan;
( H) Personal Loan with PSECU;
( iii) Core iltates Master Card;
(iv) Lin... of Credit with PNC Bank; IInd
(v) Taxes
HUSBAND agrees to be 30lely and "Jxclusively responsible for
paying the balances on th':1 Core States Master Card and the personal
loan with PSECU. HUSBAND shall indemnify and hold WIFE harmless
from any and all liability for sam~.
;91.
The Home Equity Loan and the Line of Credit shall be paid in
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full from the net proceeds of the sale of the marital residence
prior to the distribution of these proceeds to the partles.
HUSBAND agrees to contlnue to make regular monthly payments in
the amount of $479.69 towa=ds the Home Equity Loan, HUSBAND agrees
to be solely responsible for these payments while he is residing at
the marital home. without seeklng reimbursement fram WIFE. Should
HUSBAND vacate the marital home prior to the sale of the residence,
HUSBAND agrees to continue to ma~e the regular monthly payments
until the home is sold. however, W:FE agrees to be responsIble for
one-half 11/2) of any payments mad~ by HUSBAND from the time he
vacates the marital home untll the tlme of the Real Estate
Settlement. and she shall reimburse HUSBAND for this amount at the
time of the distributlon of the net proceeds of the marital
residence. (See paragraph number 13 below).
HUSBAND agrees to contlnue to make regular required minimum
monthly payments towards the Llne of Credit until the time of the
Real Estate Settlement. WIFE agrees to reimburse HUSBAND for forty-
five (45~) percent of all payments made by him from November 1996
until the time of the Real Estate Settlement, and she shall pay
this amount to HUSBAND at the time of the distribution of the net
proceeds of the marital residence. (See paragraph number 13 below).
The parties agree that neither shall use the Line of Credit
for any reason without the prior written approval of the other
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pending the sale of the marital r~sidence.
HUSBAND agrees to be solely responsible for payment of the
school taxes due in June 1997. HUSBAND further agrees to pay all
taxes due for the marital residence until the marital home is sold
or until April I, 1997, whichever shall first occur, e:<,:ept that he
shall pay the school ta;<es in June 1997. HUSBAND and WIFE agree
that any real estate taxes due after Aprll I, 1997 shall be paid
equally by the parties.
10. J(~n:?ln,{;Y_ qll..t9, .1.'.tltJJf.lL9M.i911UQlIS: HUSBAND and WIFE each
covenant, warrant, represent and agree that. with the exception of
obligations set forth in this Agreement, neither of them shall
hereafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges
and liabilities incurred by the other after the execution date of
this Agreement, except as may be otherwise specifically provided
for by the terms of this Agreement.
11. Personal ProJ:!.t;lr{;y: The parties acknowledge that they
have divided all of their personal property between themselves to
their mutual satisfaction. Neither perty shall make any claim to
any such item of mantal propflrty, or of the separate personal
property of either party which will be in the possession and/or
under the control of the other nt the time of the execution of this
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Agreement.
Should it becom~ nece~sary, th~ p"tLies each agree to sign,
upon request. any titles or documents necessary to give effect to
this pNragraph. Tangible personal prop~rti shall te ct.imed to be in
the possession or under the control of ~ith~r party if the item is
physically in the pasoNssion or control of the party at the time of
the execution of thIs Agreem8n:.
HUSB/\ND shdll beo::ome th" sole and exclusive owner of th..
joint checking account at PN': Eank. The parties acknowlidge that
the only funds in this account represBnt HUSBAND's post-separation
income. WIFE shall cooperate in having the checking account
transferred into HUSBAnD's indivldurll name, and WIFE agrees that
she shall not use this account pending the transfer. All other
savings accounts, checking accounts, and ether intangible personal
property shall be deemed to be solely owned by the party named on
said accounts at the time of the 8Ke.;:ution of this Agreement.
12. P.JIJ!!!i9n.LI{et~r,11l1Jl1IlLlitllll1..fj ts: The parties acltnowledge
that each has retiremont benefits which they have accrued during
the marriage through th~ Commonwealth of Pennsylvania, State
Employes' Ratll",m~nt System. HlISRAllD's pr,nlOion v,lllle is
approximately $92.442.00. WIFE's pension value is approximately
$3,490.00. The parties ugree that WIFE shall receive fifty-five
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);1/
(55",) [J.n..:.,!,1 ,,( t.IH ~()Ul.l !!'~l1flion v<llu",,,, l.)s', ii,:;" t.h'-"I:,:"",1
(,J5,OOO.OO) doJ.li.11:: whi,'l, s!i..,,j,ll :elm1)'1r,," 10 HIl::r"'.T!::J',, [>o;>nflh"l
for monie:: :;h'J bOl'ro'o'/"ir1 after ;:Hll'ilt'<ltion f1'0111 tl,~ L I,no;> of C':"",IJ.t,
"!nd less onA th,),.,H,n,] ,'l<Jht h\ln.~r;;,1 (,H,8~n,nn\ (j.,11<'\rE' which ls
hel' contl'Lbutlcn tlJwuds th~ cOll,"'1'; '';:{!'''In:Hri '.If thtl pilrti'3l3'
<l,.ll\<Jht.l?r CAHRH' n. 1I0WRYLAI<, burn St'p!>l.ob,'r 1;;, 1973.
WIFE shall, the:efol'~, r~c~iv. $4:,472.54 irom HUSBAND's
pension find ,hall rr,tain her own incllvidlli\.l pt:on:;ion t,;, ..ffo:i<:,tuato;
the 55%/45% distribution of th~ p~nsions and her reimbursement to
HUSBAND of her individudl obligat.ions. HUSBAND agrees to cooperate
fully and to 13:~et:uto': dr.:! ~n'.l all do,=uments necessary to have a
QlJal.lfip.d D')IO.-;4I;i,- ",,1..I'-i,;n:; ,;1"1,,,1' (Q0I10) ent",re,:! to jr_1no~fp.r
$42,472.54 fr011l his pen::ion to WiFE,
HUSBAND shall become th,~ :;01.. i\nd exclllsive o',~ner of the
remainder of his pension.
The paltl~d ~uree that ~u~h shall sign iln acknowl~dgment of
release and/or any and all other doculIl@nts necpssaty to effectuate
U,e terms of thin Agre\?Jn"nt,
13. Ma.%'.,Hl1J__8.~Ulj,s!t)(!q<t: Till" partIes own, ,;::; tl3n<\nt.r. by thp.
entireties, real prop'lrt y located at 42 Mi.lll3t'$ G<~p Road, Enola,
Cumbp.rland County, Penllf:ylvaniu. The marital re$,ldence is current.ly
on the market for sale. Both parties agree to cooperate fully in
selling this r"sir.lf.'ncp. a1' a reafJOnable price. with the "dvic"! of
the Reflltor, to effectuate a prompt but fair sale of thp. property.
The partie::; acknowledg!' that HUSBAND wh'J currently resides at
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the marital residence. wlll remain in the home until April 1. 1997
or until the home 1S sold. whichever shall first occur. The parties
may, by mutual a~!t'edme:\t. rent th" marital home aiter HUSBAND
vacates same 1f the resldence hill! not yet been sold. The parties
agree that th"y shall rent the marltal home only if that would not
hinder the expdditlou~ sale oi the residence.
The parties agree that they shall direct the settlement agent
to make the check for ths net prJc8dds af the marital resldence
payable Joint 1 y to BARBARA SUHPLE-SULLIVAN, ESQUIRE and MARYANN
MURPHY, ESQUIRE, as ':'I~llnsel for tilt' part.H!5. to be placed in an
escrow account. The.,e funds ,;11.'111 be distributed to the pal't,ies
within iive (5) day, of the clearing of the chuck as per th9 terms
of this Agreement.
At the time of the Real Estate Settlement, the partils agree
that the net proceeds, a:ter payment in full of the Home Equity
Loan and the Line of Credit. shall be distributed to the parties,
with WIFE receiving fifty-five (551' percent and HUSEAND receiving
forty-five (45%) percent.
Due to WIFE's withdrawal of two thousand ($2.000.001 dollars
from the Line of Credlt. which withdrawal was agreed upon by the
parties. the amount of the net proceeds to be distributed shall be
increased by two thousand ($2,000.001 dollars before distribution
to HUSBr\l1D and WIFE. WIFE's share of the distribution shall be
decreased by the two thousand ($2.000.00) dollars already received
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by her.
At the t 1m'! of the d is t.ribution to the par ties. WIFE sha 11
reimburse HUSBAND for moniel owed to him a3 per paragraph number 9
above.
14. /'f.QJ.9.LYe.hj,gl~M: The parties own three (3) automobiles:
a 1990 2-door coupe; a 1990 4-docr sedan: anj a 1993 Cavalier.
WIFE shall b'!come the sole and exclusive owner of the 1990 2-
door coupe.
HUSBAND shall be,:cm.. th-.; lole and o,xclusivfl t)wner of the 1993
Cavalier. HUSBAND shitll be solely responsible for :ha bal!nce of
the loan on trw 1993 (''''1all=r. 'Ind ,;)-:'111 lndemnify and hol..1 WIFE
harmless from any and all liabillty for same.
The parties agree thdt HLOSEl\;m sh"E tra.15 En titl.. of the
1990 4-door sedan to the p<lrtif\s' daughter, CARRIE H. HOWR'lLAK,
within ten (10) days of thM execution of this Agreement.
Both parties agree to cooperate in executing any and all
documents necessary to ensure that title of the above automobiles
be in the individual names of the designated owners.
15. {:o~.J,~~: The pi',r t lEls a,:kr:o'dled'Je that their t1au9htet.,
CARRIE H. HOWRYLAK. is currently enrolled in COllege. Each parent
agrees to pay six hunclret1 ($600.00) ckllars towards CARRIE's
tuition each year for ti1'3 ne:<t three (3) years, providing, however,
that CARRIE continue her college 'lllucation, uninterrupted, for a
three (3) year period. HUSBAND shall make payments of one
thousand two hundred ($1,200.00) dollars per year directly to the
12
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1',,11.,..., the,1 r.ARRTE ,It tl'lIll:.;, Thil' <lmc"wt repl'..sents Hl)Z13,\!lD' '3
il:diVl,lu,il ,'ontl i.blltH'(\ o[ sl:~ hun,II''.',1 (~6CrJ.OO) dollc\t"s f"'f year
and WIFE',; in,.\ivitludl ('onl.ribul.l,)n C>f ,;1;.; hundred ($60rJ.OO) dollars
per y',,:lr. WI!'E',: ,'''101 t".tl,utioli h,)s b","'n pre-paid under t.h~ terms of
the (!<;n:'ii<Jn 'lb:'l'i.buti'Jn in thi:. A9reem.;,nt.
If CARRrF. ,1,)"", ne't .It 1';1\'] 1.'01 log" for tllre" (3) uninterrupted
years, HUSBAND agt''''.'; to return to WIFE her portion of any unused
(und~ which WIFE rr"-paid for this purpose.
It sha 11 be at ea<:h party I s sole d i.;;cret ion, depend i ng upon
th~ir rf.:!.5p~ctil',) (.'i:'~umr:t.3nces at tht-:' I. illl~:, \'/hti.tlll.",l lJf not: ~it".h~r
of them ,:"n ('('l'1tribut" ",.l,,;iti.(ln.11 fund" t')'..Ftrd,'; CAFRIE', colle'Je
tui tion. It i" dtll j'.'ip'\tH'] ':II,\t CARlilE sball ,'ih,ly [,:ll' aU
i.\pplicabl~ gr"l1ts anel :;;rohcllnhip.': prior to r"l'l':":;ting ac1clitional
funlls t,)wO;\l'.1 Ill';' tUJ I, j"11 (re'lIl her parents.
16. ALt!tc!1';Q'J.i,r.tlILEer.IiQlI4LI:?.r!ll?.ut.J': Each of the parties
shall hereaft€'r own ufll.l "'Ilj')y. lndo?pendenUy of any claims or right
of the other, all items f)f personal property. t~n,)ibl.., 01'
intan0ible. hero~ft8l' Dcquir..d hy him ur ~0r, wLth full power in
him or her La dispose of Lh€' same as fully and efiectiv8ly, in all
rt;oSp'Jct,; .:uld fur ,,\11 PULP'.':""":' <13 th'J1l011 h.; Qr she WHre unmarried.
17 . Al'p'U<;'{lQJV t Y....()[ _T~I)C fJ!1lL 1Q__I'Xgp"QrJ:..Y..J'.ra.ll.:~Jftrlc!: The
part iii's hr;r"by i1greo i.\Il',1 e:{!>l'l!SS tit€' i.' int,'lIL th:\t: "ny 1.rnnsCers of
property pursuant to this AgrHement shall be witllin the scope and
applicabllit.y ,.,1' I:It.;> [).;f.tcit Roduction Act of 198 I (h.;.rein th..
"Act"), specifically, th~ provisions of said Act pertaining to
13
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transfers of prop...rty b,;,t\""'''''l ,r":'l\ses or former SpOll!Fn,. Th~
partitlS agr03t; to l!igl1 ;Im] <="",;.. '>_, 1... fiI,,,] 'IiI, ;:lecl.jl)ns or other
d')cum~nts l'03qlJired by the Int~L'nill Rev,;l1ue Servic,," t'J r~nd~r the
A,~t ilpph':all!.' to t1, lTiln:':!":'l':: ".,t forth in thi., A<)reeIll8nt..
without recognition of 9~in ~n such tranefer and sUbject to the
carry--,)''','', baSl'; pro'!if:i()I1~; ,:'f ',Ii,] I\et
18, llJJ:.qm.Q T'~'LR(!_t!!L(!g: 7il~ PUtl03:, agree to fll" joint
Federal and St,lt8 I!'J,",:,m., Til:': ,,'~tllrns for t.b,: 1996 tax y~ar. and to
share, on a prop'ntional ba,:", any r~funds or li:lbilitles from
si:\il...l income Tel:.'. RI~t\1rn~"i
19. ,fi!ti\L~,!.'.._Qf. ,d.~ i:'ll.l'lj" ":'1'1.,. p',rl' if," !J'Hp.in ilcknowleclge that
by thi" A<]reellllr,ont th,,:y hav,. r",,,::~.;,tl'l,,ly gtlcUI:",d an,l mail'\tained a
substantial and a,:1"'<1',\,,':... fl'lld ',oJ] I:!J \'I11i,:11 to pl:ovi,..1,;, for thelllll~lves
suffici~nt financial resources to providd fur their comfort.
maintenance and SlIpp<,'!,l, III th'" sta tion ,)f HIe to which they are
accustomed. HUSBAND and WIFE do hereby waiv~, release and give up
any rights they 1I','1i' [ .,::;p..('tiv,,:'ly hd'!'" rl'Ja,inbt I.be other for
alimoni'. li'pollsal support or :1\11~t,"n,;tnc'". !L shall \:.'" from the
e;{ecutiofl .n' thiG Agr.."m,Oi'\I, th,' si.1le re,;p"mflbiIlt:: of ';,ad, of t.he
respective parties to 3u3tjln themselvvs without seeking any
sllpport from the other pdrty,
20. fi!'1ive_~_9{__!tLiHJPnY_ ,r.tJncf(UJt~-Ij..t};..(l_.jt[H.L {!~.!1.~l._..f~:~~.~: E,:h~h
;71
party hereby waives any rl'Jht tc' <\lilllony pendente lit.",. HUSBAND <lnd
WIFE agree to P,1i' hl;:: Ilwr O~1l1 ,1t tornoy I S feH>1,
21. f.y.J,L/l4.~~J,,_s.4rf!: B:tch party asserts that he or site has
1-1
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111,'.;1., " fl1~l ,In,:1 completo dis"l<;,,'ur,. '.,'1 ,,111 t111l rr.,d i\nd (1,)1:501.",,1
I') Op"ll'ty Or \ofluts,)",voS'r n<1tllr~ ,111'1 "/henl.~O~V'ill 1L"~uted b",l',r1yi.ng In
dni way to .,,,('11 of the,", 01' :.11 d"bt,; and 'In'-,uOIbrdl1c..s i.nClll'l't1"t irl
Ilny m~nn.~.r ~NhctttJ(I~\/':::~- by l:,fti.'lJ (If l118111, I)! .:\1.1 sourCAS .\T1l1 aml)un~~:
of income roS'cyiv~d or r@ceivab1e by .arh party, and 0f every atl...l
f,act r,,1.,tln,-, in any w,~\~' t:' the- "'IJJ::"'71 m;\thH of thie, Agrf.'2I1",qt.
These disclosures arB part of the cou~lJ",ration made by each party
for ~ntel" ln~J ~~'lt..) t.h ..3 ,'~lrd'=m~n~.
::::. If.ajY_~r...QL1'10Jl.iJir;f!UgIL~_()_1Jl}jl1.Jjr...Hln!1: No modif ieatian
or waiver of anr ')1' tll., t,H'I1H! l1<"c.,,)f ,,~;.'\11 b., v<11id unless in
",!'itinv and signed by both parti.,., ,1n,:: no \'I~i'i"'!' (.f any brB,ach
1l~reof or 11--=ft\ult L,:'!ltll;llh'l ::l\~lll 1.1':: '.l,:"~m~,l ~ "I~i\'.)~ I)f i:\n:t
oubs~quent def~u1t of the same or ~im~lar nat~re.
23. N'!~Pd7 (.'(NP!"X~1.tJ()I1: ;',1ch P<II.I,,' i~h,111. ,1t :lny time and
froOl time to timB hereafter, take any al1~ <111 steps and execute,
aclmow1edge ilnd (,l,'l,i,I/i.J: Ihe (,ther l'arty anY'\11L1 0111 f'.lcther
instruments and/or documents th~l ths other party may reasonably
requir.) [rjr tlh' purpose of gi';i.ng full f"ree "od effO:!c1 to the
provisions of this Agreement,
24 , .Al?P)~i~~lP-),.c~_ ,J'.i;l}j:
Tld i '\'J1."..III,,'nt sha~l be const.rued in
aceordano:." wi th the 1a\~s of th,= COlIIlIlL'n>,ealt.h of Pennsylvania which
,ar'~ in '"fr.!I~1: m: or the c]"tt' uJ ,':\8l:'ll:1on of this A,gn,ement,
25. Ag~ep.J!!l)nLJJjl!c1J.J).!l_ 011.. ll(!.j~.l1:
Tlli:; A'Jrtlement shall be
)t
binding and Hha11 lnuro to the benefits of the parties hereto and
their respective heirs, executors, admini.strators, successors and
15
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dssi'.}ns.
26. .DL~.s!gnjJ:.t",'.II:
';';1 L" A\Jr';',menl ':';nstj ~l.1tes the enUre
llml.;.rstand,ing <)f t::l~ ~a;'ti",; an',j o:up",rsede~ ~J\.' and all ~H'~';'C
"19ft", 'llltints
''Inr.l
ar.;>
I, t'~e'ln
tht!m.
There
n-ogc,tl.,I\.'
rel>re,s-sontations or vdrl'~nti~s 0t11\H' th~n th0S~ e:~PL'e,;:ily set. f:',rth
herein.
27. Oth~J:.J)~2<;!11U.;lt~At.~(W: HU:::E,\ilu .,nel '!I!FE cC''1enant and agree
that ther will forthwith ~xecute anr and all written instruments,
assignnH~llts I re!oaf;es, sati~fa'~t it:o.3 I d8tHls I notes or such other
writings as may be n~cess3ry 01' d0sira~l~ f0l' the proper
effectuation of thl~ Agreemeut,
28. NO__.J:w~~?i_~~!,_._Qn.m.Q~{~l.E-1.':: Ti-::..;:: At..; c.:.:.:::ml31nt. shall rem-:\in in
full forc~ and effect unl-oss anj until terminated under and
PU!S1l4int to tll'.' ti?rms of tL i:, ';0~e.:m'~lJt.
Th~ failur8 or either
party to insist upon strict perfol'manc~ of any of the provisions of
tl&1." ".<;Jl'eement >"h"l1 in no \\"f aff",..::l tb" right of such party
hereafter to enforce the same. nor !~all the waiver of any default
or b:-e.:lch \)f ilirY pr.-,t,~l:'1.(in;:: ller~('.: f.'~ ("i)llstrufild -:1:..~ .J ~I/div~~r of ;Ul:!
subsequent default 'Jl' br",ach 'J! the :;<lllle or similar nat'lrd, nor
shall il: be t~ol1:;tr\l',d 11'" ,:I w:lIv"!r ,)f strict perforlOanr;.: of any
other 0bligation:; her..ill,
29. ?tlY!!,.rlLlJ..n_-l!:.Y:
J f any t€'1'm, condition, clause or
J7f.
provision of this Agreement shall be determined or declared to be
void or in'/al.itli TI la\', '.>1 ," l.e1'.... l$<-, thon only that term,
condition, clause or provision shall be stricken from this
16
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COMMONWEALTH OF PE;rrr':;'{LVA:IIA
.
COUNTY OF l"fl........p'-.,....
s~~ :
(\it thl.s t:'l~~ IO,-r::L fLIt' (,r '1--::~l..LU..n,...l4) l' ,0-.., .11f:'.
thl'; unders i<,Jn'ld or f H'er, personall y <<PP8"red STEPHEN F. HOWRYLAK,
known t.C 111.., (,or ,',ji::,;(,....t.:,d; p\'ov'1n) te> be the po'lrson whose n<;\m"
1.; sub"c:t'lbeu to the within Prop,Hty S'OttlelTl"lnt ^'JreelTlent. ,Ul,:1
ackllowl"..1V.'<! t1le1;: Ii, (':\t'cut-",] the 5;,\lI1e for tlw purpo:;.;. theroin
contained.
Iii ~';'i:T:IFS3 WHE:-:r-:nr, I 1"",','" .:;.,t. 111~' h]nd "nel notarial seal.
.:.:/ \D.r..I.J..I/...k_-- O,+. 11:-1,.,0..1-0.
N,~tary Public
MOT~ -
. I:...',:'.~m.. ~lH, ,....".~..
, 1.<"'" ~"",-. ,.,.. OIl": - ...
. . ('AI........ ..,..
,'-
COMMONWEALTH OF PEnNSYLVANIA
COUNTY OF dl PLi<t.LLti. /i..c(
8,S:
On thL, th, /8"'rv ,,1 i' 0)[ Ftt!L'u~j/.o~~V' 19"", ber.ns Ill"'.
the und'Orsigned officer, personally appeared Q;LORIA J. HOWRYLAK,
known to 111" (or nLi,,;[,t~'t')1:ily Pi.,vell) t() IJe t:ll('> pers.-,n ~Ihose flam'"
is subscribe'.! t.) th'1 within Pr'_'perty Settlement Agreement. and
acknO\~l"'d(J",1 tho.1t "II. ':,':r,cut8,l the, Sellne for the' ptlrposp. thet'ei TI
contained.
IN \H'I'rrE8r~ \Wr:llE'W, J hilve ),,'" "unto set my hand and notar i"l
seal.
.
lrJa,J;,ll~(1J. ,}JJlL'U:.ucJCtf
(ilotary p'ftli'iic
18
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AIlDINDUH TO THI PROPERTY SETTLEHENT AGRBEHBNT DATED
FBBRUARY 18, 1997
ri'~ (j
THIS ADDBNDUH, made this L day of /l'vrJ,Lf/ , 1997, by
and between GLORIA J. HOWRYLAK of Cumberland County, Pennsylvania
,
(hereinafter referred to as WIrB), and STBPHRN P. HOWRYLAIt of
Cumberland County, Pennsylvania, (hereinafter referred to as
HUSBA1m) ,
JlHBRBAS, HUSBAND and WIPB executed a Property Settlement
Agreement dated Pebruary 18, 1997 (hereinafter referred to as the
Agreement); and
JiHBRBAS, WIrl is to receive a share of HUSBAND's pension
benefits under Paragraph Number 12 of this Agreement; and
JlHBRBAS, the marital home has now been sold and HUSBA1m and
WIPB are preparing to divide the net proceeds from the sale
according to the terms of the Agreement; and
JlHBRBAS, WIPI owes HUSBAND the sum of seven hundred forty-four
dollars and ninety-five cents ('744.95) as reimbursement for funds
she withdrew from the Line of Credit in January and Pebruary of
1997 and for her forty-five (45%) percent share of all payments
made by HUSBAND towards the Line of Credit from November of 1996
until the time of the Real Estate Settlement; and
JlHBRBAS, HUSBAND owes to WIPR the sum of forty-two thousand
four hundred seventy-two dollars and fifty-four cents ('42,472.54)
from his pension/retirement benefits; and
JlHBRBAS, HUSBAND's contributions, to date, amount to forty-one
~)
i
thousand four hundred nineteen dollars and eighty-nine cents
( U 1 , 419 . 89 ); and
JiHBRBAS, the parties desire to protect WIPI I S interest in
HUSBAIfD's pension in the event of the death of HUSBAIfD or the
termination of his employment prior to his accrual of forty-two
thousand four hundred seventy-two dollars and fifty-four cents
($42,472.54) in contributions.
NOW ~HBRBFORB, in consideration of the premises and of the
mutual promises, CGvenants and undertakings hereinafter set forth
and for other good and valuable consideration, receipt of which is
hereby acknowledged by each of the parties hereto, HUSBAJm and
WIPI, each intending to be legally bound, hereby covenant and agree
as follows:
1. The parties agree that the difference between the forty-
two thousand four hundred seventy-two dollars and fiftY-four cents
($42,472.54) owed to WIPI, and HUSBAND's current contributions of
forty-one thousand four hundred nineteen dollars and eighty-nine
cents ($41,419.89) is one thousand fifty-two dollars and sixty-five
cents ($1,052.65) plus interest of eleven dollars and sixty-six
cents ($11.66).
2. The parties agree that WIPI's obligation to HUSBAND of
seven hundred forty-four dollars and ninety-five cents ($744.95)
shall be forgiven as pre-payment of that portion of her share of
HUSBAlfD's pension.
3. The parties further agree that HUSBAND shall give to WIPB
an additional three hundred nineteen dollars and thirty-six cents
"
,
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($319.36) at the time of the distribution of the net proceeds of
the marital residence as the remainder of the difference between
WIrB's share of HUSBAND's pension and his actual current
contributions.
4. The parties acknowledge that the net proceeds of the
marital residence sUbject to distribution total fifty-one thousand
three hundred sixty-four dollars and thirty-seven cents
($51,364.37).
5. The parties agree that two thousand ($2,000.00) dollars
shall be added to this amount and the distribution calculated as
per Paragraph Number 13 of the Agreement.
6. The parties agree that WIrB's share is fifty-five (55')
percent, or twenty-nine thousand three hundred fifty dollars ~nd
forty cents ($29,350.40), less two thousand ($2,000.00) dollars,
Gr twenty-seven thousand three hundred fifty dollars and forty
cents ($27,350.40), plus three hundred nineteen dollars and thirty-
six cents ($319.36), for a total distribution to WIFB of twenty-
seven thousand six hundred sixty-nine dollars and seventy-six cents
($27.669.76) .
7. The parties agree that HUSBAND's share is forty-five
(45') percent, or twenty-four thousand thirteen dollars and ninety-
seven cents ($24,013.97), less three hundred nineteen dollars and
thirty-six cents ($319.36), for a total distribution to HUSBARD of
twenty-three thousand six hundred ninety-four dollars and sixty-one
cents ($23,694.61).
B. The parties reaffirm all of the terms of the Property
I
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:1,: GLORIA J. HOWRYLAK,
:, PJalntlfr
II
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if
II STEPHEN F. HOWRYLAK,
i i Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil:
IN DIVORCE
AFFIDA VIT REGARDING COUNSELING
;
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/, 1. 1 have been advised of the availability of marriage counseling and understand that
it
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i! I may request that the Court require that my spouse and 1 participate In counseling.
r!
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! i 2. 1 understand that the Courl maintains a list of marriage counselors in the Domestic
I Relations Office, which IIsl Is available to me upon request.
,
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Ii 3. Being so advised, 1 do not require that the Court require thai my spouse and I
I,
i I participate In counseling prior 10 a dlllorce decree being hAnded down by the Court.
II
,
I
I understand that false slatements herein are made subjeclto the penalties of 18 PA. CSA
i Section 4904 relating to unsworn falsification to authorities.
DATE: /.~/;!/ /01'1
,
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i, GLORIA J. HOWRYLAK,
i i Plalnllff
1/
II
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II
1/' STEPHEN F. HOWRYLAK,
" Defendant
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" 1. Plalntlrf Is Gloria J. Howrylak,
I Cumberland County, Pennsylvania, 17025.
I
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No.
Civil:
IN DIVORCE
COMPLAINT IN DIVORCE
COUNT I
DIVORCE
residing at 42 Millers Gap Road, Enola,
2. Defendant is Stephen F. Howrylak, residing at 42 Millers Gap Road, Enola,
I Cumberland County, Pennsylvania, 17025.
I
3.
Both Plaintiff and Defendant have been bona fide residents In the Commonwealth
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I of Pennsylvania for at least shl (6) months prior to filing this Complaint.
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4. The Plaintiff and Defendant were married on April 27, 1974. in Johnstown,
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I Pennsylvania.
,
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II 5. There is one (J) minor child born of lhis marriage Carrie H. Howrylak, born
I
,I September 16, 1978.
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II 9. Plainllff has been advised thaI counseling is available and that Plaintiff has the
II
I i right to request Ihat Ihe Court require Ihe parties 10 participate in counseling.
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II States or its allles wilhin the provisions of the Soldiers' and Sailors' Civil Rellef Act of the
I i Congress of 1940 and its amendments.
II
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iWilh ,..,.. 3301 of.1le Poo""I,",. D1'~,~~>~ _',
; ,/",/ ~
II DATED: ()/ ()~:"7~ /..
11'1 I Barbara Sumple-Sullivan, Esquire
I 'I 549 Bridge Street
New Cumberland, PA 17070-1931
I'
I (717) 774-1445
j, Supreme Court I.D. No. 32317
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6. The parties separaled on December 10, 1995.
7. There have been no prior aClions for divorce or annulment between the parties.
8.
The marriage Is irretrievably broken.
10.
Neither Plaintiff nor Defendant is in the military or naval service of the United
WHEREFORE, Plaintiff request this Court to enter a decree in divorce in accordance
2
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::OLORIA J. HOWRYLAK,
Plaintiff
v.
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:iSTEPHEN F. HOWRYLAK,
· : Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 96-154 Civil
IN DIVORCE
AFFIDA VIT OF SERVICE
I, Barbara Sumple-Sullivan, ESQUIRE, do hereby certify that I served a copy of the
I,
:: Complaint In Divorce in the above-captioned mailer by United States Mall, Restricted Delivery.
,I
r! Certified No. P 210 056 943, Return Receipt Requested, on the above-named Defendant,
, Stephen F. Howrylak, on January 12, 1996 at Defendant's last known address: 42 Millers Gap
I Road, Enola, Pennsylvania, 17025. The original receipt and return receipt card number
; (Certified No. P 210 056 943) are allached hereto evidencing receipt on January 17, 1996.
: Dated: January 18. 1996
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~arbara Su pIe-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717)-774-1445
Supreme CourllD * 32317
.
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P 21[1 U!i6 943
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III '1'11. COURT OP COIIIIOIf PLBAS OP CUllBBRLAIfD COU'l'Y, PINIfSYLVAlfIA
CIVIL ACTION - LAW
GLORIA J, HOIfRYLAK,
Plaintiff
va.
110. 96 - 154 Civil
8'1'BPIIBIf p, HOIfRYLAK,
Defendant
III DIVORC.
U.ID&VI'l' O. I"WWg.... AIm
II&TVIrD O. COUMRIfr.TIIft
1, A Complaint in Divorce under Section 3301(c) of the
Divorce Complaint was filed on January 11, 1996.
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed fro. the date of filing
the Co.plaint,
3, I consent to the entry of a final decree in divorce after
.ervice of Notice of Intention to Request Entry of the Decree,
4, I have been advised of the availability of marriage
coun.eling and understand that I may request that the Court require
that my spouse and I participate in counseling. Being eo advi.ed,
I do not request that my spouse and I participate in counseling
prior to a Decree in Divorce being handed down by the
Court,
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III '1'HB COURT or COIIION PLBAS or CUllBBRLAIID COUIITY, PIDOISYLVAIIIA
CIVIL ACTIOII - LAW
GLORIA J. JIOWRYLAI,
Plaintiff
v.
NO. 96 - 154 Civil
STBPHBIf p, JIOWRYLAI,
Defendant
IN OIVORCB
WAIVER or NOTICE or INTIlII'1'ION TO ItBQUBST
BII'1'RY or A DIVORCB O-U UllOa
SIC'l'ION 3301(0) of the DIVORCB CODB
1. I consent to the entry of a final decree of divorce without
notice.
2, I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not
claim the. before a divorce is granted,
3, I understand that I will not be divorced until a divoroe decree
is entered by the Court and that a oopy of the deoree will be
sent to me iamediately after it is filed with the prothonotary.
I verify that the otatements 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, Seotion 4909 relating to
unsworn falsifioation to authorities.
Date: j/'i/Y7
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LORIA J. HOWRYLAK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plainllff
v.
NO. 96-154
TEPHEN F. HOWRYLAK,
DR' 25.894
Defendanl
IN DIVORCE
ORDER OF COURT
And now, this ~ day of Octuber , 1996_, upon consideration of the attached
etition for Alimony Pendenle Lite and/or counsel rees, it is hereby directed that the parties and
heir respective counsel appear berore R.J. Shaddav on Nov. 15. IQQ6 al
---A.m. for a conference. afler which the conference officer may recommend that
n order for Alimony Pendenle Lile be enlered.
You are further ordered to bring to the conference:
(J) a true copy of your most recent Federal Income Tax Return, including W.2's as
flied :
(2) your payslubs for the preceding six (6) months:
(3) lhe Income and Expense Slalement attached to this order, completed as required
by Rule 1910.ll(c):
(4) verification of child care expenses: and
(5) proof of medical coverage which you may hav.:!, or may have available to you.
If you fail to appear for the conference or bring the required documenls, the court may
ssue a warranl for your arrest.
ale of Order: October JO, 1996
BY THE COURT:
Harold E. Sheely, President Judge
;(J ';l'I;:li__~z~_,
Confe nee Officer , R. J. Shadd y
OU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE
ND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD
NE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
HERE YOU MAY GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240.6200
.'
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AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County Is required by law to comply with
he Americans with Disabilities Act of 1990. For Infonnalion about accessible facilities and
asonable accommodations available to disabled Individuals having business before the court,
lease contact our office. All arrangemenls must be made at least 72 hours prior 10 any hearing
r business before the court. You must allend the scheduled conference or hearing.
"
6. That the Petitioner Is employed at the Pennsylvania Depanment of Corrections
d earns $1,115.83 monthly net. Petitioner's social security number Is 174-38-9931.
7. That the Petitioner Is not receiving public assistance.
8. That the amount asked by the Petitioner for Alimony Pendente Lite is $420.33 per
onth.
WHEREFORE. Petitioner prays that the Coun enter an Order of Alimony Pendente Lite
galnst the Respondent, as well as require Respondent to provide medical suppon for the
ATE: October 2, 1996
Barbara Sumple-Sulllvan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Coun I.D. 32317
2
" "
LORIA J. HOWRYLAK,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 96-154
TEPHEN F. HOWRYLAK,
Defendant
IN DIVORCE
VERIFICATION
I, GLORIA J. HOWRYLAK, Petitioner, verify that the ststements msde In this
om plaint are true and correct. I understand that any false statements msde herein
re subject to penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to
uthorltles.
ATED: ~/I'i /'(6
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GLO~IAJ: HOWijYLAK, Petitioner
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LORIA J. HOWRYLAK.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
v.
NO, 96-164
TEPHEN F. HOWRYLAK,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICIi
I. Dianna Stoplnskl. Secretsry to BARBARA SUMPLE-SULLlVAN. ESQUIRE, do
ereby certify that on this date, I served a true and correct copy of tha COMPLAINT
OR ALIMONY PENDENTE LITE. In the above-captioned matter upon the following
ndlvldual, by United States first-class mall. postage prepaid. addrassed as follows:
Maryann Murphy, Esquire
2201 North Second Street
Harrisburg, PA 17110
ATE: October 3, 1996
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Dianna Stoplnskl, 'Secretary to
Barbara Sumple-Sulllvan. Esquire
649 Bridge Street
New Cumberland. PA 17070-1931
(717) 774-1446
Supreme Court 1.0. 32317
Attorney for Petitioner
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GLORIA J. HOWRYLAK.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
v.
NO. 96-154
STEPHEN F. HOWRYLAK,
('
Defendant
IN DIVORCE
NOTICE OF INTENTION TO RESUME PRIOR NAME
NOTICE Is hereby given that Plaintiff in the above-captioned maller, having been
granted a final decree in divorce on the "<";,l.Pday of '/J;"~J- ,19Ji.., hereby Intends
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to resume and hereafter use the previous name oi Gloria J. 011 and gives this wrillen notice
avowing her Intention in accordance with the provisions of the Act of 54 Pa. C.S. 11704.
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, NOTARIAL SEAL
........ Sumpl..Sulhvln, NOIRry Publlo
Naw Cumberllnd Eloro. Cumborlend Co,
My Comml..lon ~"".. Nnv 1 S. 1999
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