Loading...
HomeMy WebLinkAbout99-02627 . WILLIAM KOWALCHUK, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . V5. . NO. 99-2627 . JODY KOWALCHUK, . CIVIL ACTION - LAW Defendant . IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Served upon Defendant on May 3, 1999, by certified mail, return receipt requested. 3. (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: May 4, 2000; by defendant: May 9, 2000. 4. Date plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: May 19, 2000. 5. Related claims pending: None. 6. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301 (d)(1)(1) of the Divorce Code. N/A 7, Plaintiff and Defendant have signed a Separation and Property Settlement Agreement dated May 4, 2000. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance with Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and to incorporate the terms of the Separation and Prop~ettlement Agreement in accordance with Section 301 (a)(1) and (4) and~.{tjr,Of the Divorce Code. L/ -~ / Dated: ,-: .,' ,. ':,'..\ . "I/'">~ " , ,,' :,'~',:.' ~ ,<.,::.: ~~:':;';l~~:'~ ;~~';~~~<~;'\\~:*':~~~~' ~'~:1~>-'~ : ,':.:: ,,;"';'.:; :': ':: '~.: , '>;. .' ;" \ '>';~ ',:>"....',. ~ ;.' " : :... ,'. ','.' ":.t.., .. .' , . . , " .. ,.... "" "I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this (J f: Fe y, 2000, b between William Kowalchuk, hereinafter~to as "Husband", and Kowalchuk, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 23, 1987; and WHEREAS, certain differences arose between the parties as a result of which they separated on August 19, 1998, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Edward J, Weintraub, Esquire, and Wife, by her attorney, Joseph D. Buckley, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs. successors and assigns thereby, covenant, promise and agree as follows: w~ (Initials) /-) / -14-JlnitiaIS) I., ' ~ ..I., ". .. 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as jf he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since August 19, 1998, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represcnts and warrants to Wife that since August 19, 1998, he has not, and in the future he will not, contract or incur any dcbt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims. or demands made against her by reason of debts or obligations incurrcd by him, _~(lnitiaIS) 2 ~./ ? / ,/ , (Initials) v I , .,1, ." 1. SEPARA TION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since August 19/ 1998, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since August 19/ 1998/ he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 2 cu< r(lnitialS) L.JL(lniliaIS) , , .., , .. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wife incurred prior to the signing of this agreement, except as follows: PERSON(S) NOW DESCRIPTION AMOUNT RESPONSIBLE A. Members First- Car Loan $8,200 Husband B. York Federal-Car Loan $9,000 Wife C, Members First-Visa $443 Husband D. Mary Gerres $5,000 Husband and Wife E. Anna Kowalchuk $5,000 Husband and Wife The parties agree that Husband shall hereafter be responsible for paying debts A,C,D and E above and Wife shall be responsible for paying debt B. Each party agrees to pay the outstanding joint debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since August 19, 1998, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject tu the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself. W~ (Initials) r].t( __(Initials) 3 /7' \ r f ,. . , . and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa,C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION: A. Simultaneously with the execution of this agreement Husband shall pay to Wife by certified funds the sum of three thousand seven hundred dollars ($3,700). B. Contents of The Marital Residence: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her rights, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence, except for these items which Husband will deliver to Wife: Wife shall remove these items from 26 West Simpson Strcet, Mechanicsburg, Pennsylvania, within thirty (30) days following the execution of this Agreement. C. Contents of Wife's Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his rights, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Wife's residence, except for these items which Wife will deliver to Husband: 4 J /- / ( 1 J,,~ ':>~l-'l__(lnitials) Ii // wL (Initials) ~ Husband shall remove these items from 202 Meals Drive, Carlisle, Pennsylvania, within thirty (30) days following the execution of this Agreement. D. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) Husband shall retain the 1992 Ford Van. (2) Wife shall retain the 1997 Taurus purchased by her after the date of final separation. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control of their respective IRA's, Pensions and Employment benefits, except that by Qualified Domestic Relations Order prepared by counsel for Wife (and reviewed by counsel for Husband), Husband shall transfer to Wife from his Civil Service Retirement System defined benefit pension plan upon his retirement and commencement of pay status, at his option by lump sum or in monthly installments, the sum of nine thousand fifty- five dollars and fifty cents ($ 9.055.50), without interest. F. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. G. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this -.L0~_(IniliaIS) 5 ) 'iI' ~~(IniliaIS) (/ '.::,~" " .",,': .:, ''''~ .";:~I'<:Ul:' .', :',: :,'/" .~~, '..' . - ,1,~'::~~~~"V.~,:;,.;;,:,1:;'(':'2 'L:::'~~~:~".,~;~.:;~~; .:'.': ~:' ~ ~'~/~:\ :. 1:';' ~':, ;:,', " ~,'. ;:. ,<-:: ~ I":>> -:t .~ : ~ ,': ~', Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife, H. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. Husband shall specifically retain the $15,800 balance in the Members First account. ($10,000 of which he utilized in 1998 to pay marital debts to Anna Kowalchuk and Mary Gerres). I. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non.taxable division of property between co- owners rather than a taxable sale or exchange of sLlch property. Each party promises not to take any position with respect to the adjusted basis of the property assigned t him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. k\L (Initials) (l JI __J::..L__(lnitials) / i -.., , () .. 8. LIFE INSURANCE: Each party shall continue to own any life insurance policies currentiy in effect, without restriction as to the designation of beneficiaries. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party, Wife acknowledges and agrees that the provisions of this Agreement providing for the waiver of alimony to her by her Husband are fair, adequate, and satisfactory to her and are based upon her actual need, her Husband's ability to pay, the duration of the parties' marriage and other relevant factors which have been taken into consideration by the parties. Although the approval of this Agreement by a court of competent jurisdiction in connection with this action in divorce or annulment filed by Husband or Wife shall be deemed an order of the court and may be enforced as provided in 12 Pa.C.S.A, Section 3701, as amended, this Agreement, insofar as it pertains only to support for Wife and the payment of alimony fOlloWing the entf'{ of a final Decree in Divorce between the parties, may not be modified, suspended, terminated, or reinstated at the instance of request of the Wife or Husband, or subject to further order of any court upon changed circumstances of the Wife or Husband of a substantial or continuing nature, or for any reason claimed by Wife v/hatsoever. Upon that condition, Wife hereby accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that she may now or hereafter have against Husband or her support and maintenance of herself and for alimony, and Husband and Wife further voluntarily and intelligently waives and relinquishes any right to seek a modification, suspension, termination, reinstitution, or other court order with respect to the terms of this wL 7 '\' j/ ~~-<lniti';I!S) I / , ". (Initials) , "~:' ,:' ,J "" :;, ',,', ,.','';, ' ." ~ ~<:, ~.; "';:<'f~::,~~.:j;:~~i':~~ :!;_; .>'>~:':"~'~~~1~~\';':;'~:'>:" ',:~'.:. :?:':', ',,~ ":':~<-:.~., :,l ' : ':,~,", ,.<:'<~' 1'-"':"'\' i'~,.~: ',<. I):.":' , . Agreement pertaining to the payment of support to Wife or the payment of alimony by Husband, Husband acknowledges and agrees that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to him and are accepted by him in lieu of and in full and final settlement and satisfaction of any claims or demands that he may now have or hereaftEr have against the Wife for support, maintenance or alimony. Husband further voluntarily and intelligently waives and relinquishes any right to seek from the Wife any payment for support or alimony. 10. HEALTH INSURANCE: Both parties shall provide for their own health insurance and unreimbursed medical expenses. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. 12. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns, Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any foss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith, _Wl_(lnitiaIS) ( (Initials) 8 , , Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties filed separately in 1998 and shall continue to do so thereafter, 13. WAIVERS OF CLAIMS AGAINST ESTA TES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, inclUding without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents, 14. A GREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non.defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted ~l_(lniliaIS) 9 ,:j ~~(ll1itiJIS) /j \ , , ! , . .. . " . " and reprer.ented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part, Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceabi/ity as to all or any part of this Agreement. 15. SUBSEQUENT DIVORCE: Husband at his cost by his counsel has filed an action for divorce under Section 3301 (c) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Husband to proceed with a no-fault divorce as soon as possible, providing counsel for Wife with a duplicate decree. The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects survive the same and be further binding as an enforceable contract, conclusive upon the parties. 16. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek sllch other remedies or relief as may be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. 10 \' \/ ,~~(lnitiaIS) / ~(InitialS) . , .', A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one, 8, Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay, C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent or the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. ]) X"";';oI'j II M_<lniliaIS) , '. , ',' ,', 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledl1es that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on tho length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa,C.S.A. Section 3501 ~L ~ or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but 12 ) ClL/ L ~.~ J~, (Initials) (/ _ ~~ _(Initials) , . , ., , , , .' ,I, nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 21. MODIFICA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings used helein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 24. INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. W l<ll1iliaIS) 13 n ~) :lfr......l(ll1itiaIS) I, , >: v I ;.- n, , ;:.:. P! ('. C:r C,:. - ., f:) Cr.. ,.:. Uj: C- ..: I (,. ,C .'-- C:. , L..:' (..) ',' WILLIAM KOWALCHUK, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENr~SYLVANIA * vs. * NO. sg.. 2lP;}'l (\.",..--0 \erl"'\ * JODY KOWALCHUK, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE To DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 2 LIBERTY A VENUE CARLISLE, PA 17013 (717) 249-3166 WILLIAM KOWALCHUK, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * NO, q if. .2(,.2 7 ~ T~ * JODY KOWALCHUK, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is William Kowalchuk, who currently resides at 26 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Jody Kowalchuk, whose last known residence was 202 Meals Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3, Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on October 23, 1987. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7, The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. --t ~ >- 8- ~ 0\ ~ - > @) C"> " ~ .....:: ..; IJJC' .. or, g r o:'~ - :::J 0 p.:~, :. .~.a 0;:;: 0 r- :;.sf: C: (J:~ 0 to If) .. . . 0 \', ~~.::!~~ C::'V. ,..., G5 J7 0- j Co U~l.:.- I . ~. (!) -, ..1 ;, ~ '1; ~ cr.:'-li >- ",..':4 . ",,'"' J .~: _.~ t'-J~ '1: '" .J 'i- t.!.. ~. <,) 0 c, :':5 c.n u WILLIAM KOWALCHUK. . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY. PENNSYLVANIA . VB. . NO. 99-2627 . JODY KOWALCHUK. . CIVIL ACTION - LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE I, Emily A. Fritz, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on May 3, 1999, I served a true and correct copy of a Complaint in Divorce upon Jody Kowalchuk, Defendant, by depositing same, postage pre- paid, certified, restricted delivery, return receipt requested. in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Jody Kowalchuk 202 Meals Drive Carlisle, PA 17013 Date: 5)3rn c- ,-: .--' ( j,\ '\, Emily A. Fritz \ r~~~: WILLIAM KOWALCHUK, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VB. . NO. 99-2627 . JODY KOWALCHUK, . CIVIL ACTION. LAW Dafandant . IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 13 day of May, 1999, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Emily A. Fritz, who being duly sworn according to law, deposes and says that on May 3, 1999, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Defendant, Jody Kowalchuk, and the same was received by her on May 12, 1999, as indicated by the return receipt card which is attached hereto. c. C'. (.\1\ '-- ( (, 1.\ \ l./l , '. '-..-\ ( Emily A. Fritj r----..., -~-") '-~ CS'-' . / Sworn to and subscrib d before me on this i.J)J:'day of v ' 1999. )h~ NOlliria! Se.11 Queena ,J. StremmPI, t>Jofa.ry Pubhc Hams.burg, Oilupllin County My Commls'&IOn [):~mes OCI. 2. 2000 . . WILLIAM KOWALCHUK, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . va. . NO, 99-2627 . JODY KOWALCHUK, . CIVIL ACTION. LAW Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 leI OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities. Date: E}4 JI:JO I. ut"J llL~ ) WiITiam Kowalchuk, Plaintiff I, . \:~', 1 ':" ' .... '\ , .' ) :., '.'~:':~:( :' ;,.- ,:::,;" :,:..:~~;, ',~< ::',: . ,,/., ,:\;;~,' '~:g~~~i ':'" '''~''''> ~": \ :~' ,I~' :::,: .' :.' <, "'; ~I:'. \;':'";\ '): ;', " :.:.\ ,,:. ;' :,,\ -' '. '. "'- . \' " " ~ i ,-. I. I, .L' (,' '. .' , '1,"1 , ,.~ , .' , .' >-. I,; .... '1., ;:: " '.. ~. :. : ~ ~ >..... 'to :-".'.. :,' I~'f '\.i,~ ,:~,~:2b;~J":'~'~':"~7-:~':~";;";~~~~.~:,,~~~~i,~,~~,: \: ,~;~, ';,.:'X, ,\' ':<',:t ~:.':: ;". :~.\ :':~: ,:.' : .,~ ;',.:.' ,":: ~ :'~ .: "'.~ ".:, : . 1\< . . .. ".. .. WILLIAM KOWALCHUK, .. IN TliE COURT OF COMMON PLEAS Plaintiff .. CUMBERLANDCOUNTY. PENNSYLVANIA .. vs, .. NO, 99-2627 .. JODY KOWALCHUK, .. CIVIL ACTION - LAW Defendant .. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify thet 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: r / ? Ice WILLIAM KOWALCHUK, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * VS. * NO. 99-2627 * JODY KOWALCHUK, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on May 15, 2000, I served a true and correct copy of a Stipulation for an Agreed Order of Custody upon Joseph Buckley, Esquire, Counsel for Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Joseph D. Buckley, Esquire 1237 Holly Pike Carlisle, PA 17013 \ S .- U Date: -~/)' G 6= r- . <' -- - r:--= ) LJJ ~-:'l 0-:: a-L. ,1_. , 0.. .I_ .' (J; .. " /)~-,': \_:::> , lJ!" , !I ..', ; .. 1 (r.- , )- ~... ~i:: C) n , --', ,':.1 L. C.) '.: LAW OFFICE EDWARD J. WEINTRAUB 2650 NORTH THIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238.2200 FAX (7171 23B.9280 MAY 1 0 200ft/? "..' , ; ;"', ' " ':." ;'1"";"'" ,,;' '. "..,'.::'<~~'...' ,..>'( I ~,.~',I,.fu;".~:;(,;~.~: :.'; ':" ,:~,:';~'~..i.;~:":I:~ ':' <" .1:, ';;. "~~~~' ___ ":~\ .',~, ',:"/"', " :,,;~. '~.:.,' .~~:!~... i.:.. \'5 ";', f ~ ~ r::~" ~ WILLIAM KOWALCHUK, * IN THE COURT OF COMMON PLEAS Plaintiff , * CUMBERLANDCOUNTY,PENNSYlVANIA * vs. * NO. Cft- .:2"~ 7 G(')LC't~ * JODY KOWALCHUK, * CIVIL ACTION - LAW Defendant. * CUSTODY STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: I. LEGAL CUSTODY 1. The parties hereby agree to share legal custody of their minor child, Heather Marie Kowalchuk, born October 6, 1987. All decisions affecting the child's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion and consultation with each other and with a view towards obtaining and following a harmonious policy in the child's best interest. 2. Each party agrees to keep the other informed of the progress of the child's education and social adjustments, Each party agrees not to impair the other party's right to shared legal or physical custody of the child. Each party agrees to give support to the other in the role as parent and to take into account the consensus of the other for the physical and emotional well.being of the child. 3. While in the presence of the child, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the child should respect and love. .. 4. It shall be the obligation of each parent to make the child available to the other in accordance with the physical custody schedule and to encourage her to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the child as messenger. Furthermore, neither parent shall discuss with the child any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7, With regard to any emergency decisions which must be made, the parent with whom the child is physically residing at the time shall be permitted to make the decision necessitated by the emergency without consulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time, 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are not limited to, medical reports, academic and school report cards. birth certificates, etc. Both parents may and are encouraged to attend school conferences and activities. The Mother's name shall be listed with the school as the alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Father's primary responsibility to provide Mother with copies of rcport cards and all notifications of major school evcnts. 9. Neither parcnt shall schedule activities or appointments for the child which would rcquirc their attendance or participation at said activity 01 appointment 2 . during a time when she is scheduled to be in the physical custody of the other parent without that parent's express prior approval. 10. The parties hereby acknowledge that they have discussed and jointly made the following decisions: a. The parties agree that Bellvedere Medical Center, Carlisle, (Dr. Kipp) will continue to be the child's pediatl'ician and accordingly, will provide medical treatment to the child when necessary. b, The parties acknowledge that the child's legal name is Heather Marie Kowalchuk and that she shall be known by this name for all purposes. The parties agree that they will instruct their respective families and friends that the child should not be referred to by any other name. 11 PHYSICAL CUSTODY The parents shall share physical custody of the child. Father shall have primary physical custody. Mother shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply: 1. Alternating weekends with Mother from Friday 6:00 p,m, to Sunday at 6:00 p.m. 2. Every Monday and Wednesday with Mother from 4:00 p.m until 8:00 the following morning. 3. All holidays shall be shared fairly by mutual agreement of the parties, 4. Father's Day weekend from 6:00 p.m, Friday until 6:00 p.m. Sunday with Father every year. 5. Mother's Day weekend from 6:00 p.m. Friday until 6:00 p.m. Sunday with Mother every year. 3 6. Each parent shall have seven (7) consecutive days with the child during summer vacation, giving thirty (30) days prior notice to the other parent. 7. Each parent shall have physical custody of the children for attendance at family funerals, near death situations and at weddings with reasonable notice to the other parent. III. TELEPHONE PRIVILEGES The parties agree that there shall be reasonable telephone access between the child and both parents. The parents are encouraged to place telephone calls to the child between 7:00 p.m. and 10:00 p.m. so as not to interfere with dinner or bedtime. The child shall be permitted free access to place calls to her parents at any time she desires. IV. TRANSPORTATION The transportation necessary to implement this agreement shall be fairly shared by the parties. V. RELOCATION The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of 4 ..... C'J ~- 0; C'. ~~ c.:; - -- n Uj,-:- 0,' ,- Ff ~;.: (t.: -",.. ()I::;" . 6~ CT' U;' I .~J , ,.. '.'.J u.: ~; .:;., '..1.- ~ - " Il C") 1 (,) C;;'I U "