Loading...
HomeMy WebLinkAbout09-4431A MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - J4113 l U ?? MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE 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 judgement 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at: The Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 PA 17108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG (717) 236-9428 • FAX (717) 236-2817 MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 800-990-9108 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C? q' Gad MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Monica C. Velasco, by and through her attorneys, Meyers, Desfor, Saltzgiver & Boyle and files the following Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Monica C. Velasco, an adult individual who currently resides at 60 Diane Circle, Camp Hill, Pennsylvania. 2. Defendant is Michael Cohen, an adult individual who currently resides at 60 Diane Circle, Camp Hill, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 16, 2007 in Carlisle, Pennsylvania, Cumberland County. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the United States Army or its allies. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court require the parties to participate in counseling, being so MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 advised, Plaintiff waives that right. 9. Plaintiff requests the Court to enter a Decree of Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. WHEREFORE, Plaintiff, Monica C. Velasco respectfully requests this Honorable Court enter a Decree in Divorce pursuant to Section 3301(C) or 3301(D) of the Divorce Code. COUNTS COUNTI INDIGNITIES 10. Paragraphs one through nine of the Complaint are incorporated by reference as if fully set forth herein. 11. The grounds upon which this action is based are indignities pursuant to Section 3301(a)(6) of the Divorce Code. During the marriage, the Defendant has committed such indignities against the Plaintiff so as to make her life burdensome and intolerable. 12. Plaintiff requests the Court issue a Decree in Divorce based upon indignities pursuant to section 3301(a)(6) of the Divorce Code. WHEREFORE, Plaintiff, Monica C. Velasco respectfully requests this Honorable Court to issue a Decree in Divorce divorcing him from the bonds of matrimony pursuant to Section 3301(a)(6) of the Divorce Code. MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 Respectfully submitted, Laurie A. Sakgi?er, Attorney I.D. 61392 Meyers, Desfor, Saltzgiver & Boyle 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717)236-9428 Attorney for Plaintiff MEYERS, DESFOR, SALTZGIVER 8, BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 VERIFICATION I, Monica C. Velasco verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that falsE statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 6/30/09 ?u C? l V C?( x) Plaintiff ( ) Defendant MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 O FBI j-,• -? _ TF, r !?y 2G C9 !_' ?' 3a8. so r??L R44,1 e? a i47 MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09-4431 MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE PROOF OF SERVICE OF COMPLAINT IN DIVORCE ¦ Complete items 1, 2, and 3. Also complete A. Signature ^y item 4 if Restricted Delivery is desired. , ¦ Print your name and address on the reverse V-7 esee so that we can return the card to you. B. Received by ( rinted Nam ate of l'Iyvry ¦ Attach this card to the back of the mailpiece, or on the front if space permits. Y 1 Article Addressed to: es 1 D. Is delivery address differnnt item 1? f j . If YES, enter delivery adld low: Michael S. Cohen ", _ 60 Diane Circle Camp Hill, PA 17011 3. Service Type )? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) I$ Yes 2. Article Number (Transfer from service isbeo ?006 0100 0005 1038 2 612 PS Form 3811, August 2001 Domesti Return Receipt 102595-02-M-1540 MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 MONICA C. VELASCO IN' Plaintiff : CUT VS. NO MICHAEL S. COHEN CI` Defendant IN] I hereby certify on this 16th day of Service of Complaint in Divorce was 60 Camp COURT OF COMMON PLEAS EtLAND COUNTY, PENNSYLVANIA 1 ACTION - LAW 'ORCE , 2009, that a copy of the foregoing Proof of first-class, postage prepaid to: 1 S. Cohen one Circle 11, PA 17011 ,aurie A. 994kver,V-soA? MEYERS, DESF , SALTZGIVER & BOYLE 410 NORTH SECOND STREET .O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 J, ir TH F: f %7 2 NO ol fUl, L. 17 il i?i 12: I-.j 0' MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-4431 MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: 1O/j}1[O°I ? Monica C. Velasco MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 REED )' 0^ TrT 2609 OC T 14 PM 12: 3 7 tJ ai: ,° `Fry t ',E MONICA C. VELASCO Plaintiff VS. MICHAEL S. COHEN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-4431 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date ? l7 ?b q Cq Monica C. Velasco MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 2009 CC i 14 PAM IL: 3 7 MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . NO. 09-4431 MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 2, 2009. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: /,0 A54 Michael S. Cohen MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 OF 7-71 2009 OCT 1 4 P 12: 3 c"li ' nl r MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-4431 MICHAEL S. COHEN CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date (0 0 / Michael S. Cohen MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET • P.O. BOX 1062 • HARRISBURG, PA 17108 (717) 236-9428 • FAX (717) 236-2817 F! LEE- 10C%F! !}? Try'' p?r„--°etlh.y!^}`f??Y 2009 OC T ! L PH 12: 3 7 G?l'`?y 31 cN-I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made thi"ay o 2009 by and between Monica C. Velasco (hereinafter referred to as "Wife") of Camp Hill, Cumberland County, Pennsylvania and Michael S. Cohen (hereinafter referred to as "Husband") of Camp Hill, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on July 16, 2007 in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, no children have been conceived of this marriage; and WHEREAS, diverse differences and difficulties have arisen between the parties respecting their interests, rights and title in and to certain property, real and/or personal, owned by or in possession of the said parties to either of them; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and to amicably adjust, compromise and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and will execute all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce on or after October 7, 2009. On or after October 7, 2009, both Husband and Wife will file with the Court said Affidavits and Waivers. Thereafter, Wife shall file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. 3. 4. 5 FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time as a final Decree in Divorce is entered. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 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 parry shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. WIFE'S DEBTS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, July 2, 2009, 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 harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 6. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the divorce was filed, to wit, July 2, 2009, 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 harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and income to the other parry. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets and income, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, 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 causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Pennsylvania Divorce Code and all subsequent amendments, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Pennsylvania Divorce Code and all subsequent amendments, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 9. RELEASE OF TESTAMENTARY CLAIMS: Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by Last Will and Testament or otherwise and each of them agree that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would become entitled thereto as if the decedent had been the last to die. This provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's Last Wills under the present or future laws of any jurisdiction whatsoever and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. 10. AGREEMENT BINDING ON HEIRS: The parties acknowledge that except as provided for in this Agreement, each of the parties shall have the right to dispose of their respective property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the respective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICENOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to Wife by her counsel. Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. Husband has not retained an attorney to represent him in this action, however, Husband has been aware at all times during this action, of his right to seek legal advice and legal counsel. Wife acknowledges that she has received independent legal advice from counsel and she fully understands the facts and has been fully informed of her legal rights and obligations. Husband acknowledges his right to seek independent legal advice from counsel and to have legal counsel review the within agreement. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice or with knowledge of the right to seek such advice, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, Wife acknowledges that she has been fully advised by her attorney of the current Pennsylvania Divorce Law and Husband is aware of his right to consult with an attorney and with this knowledge each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 14. MARITAL RESIDENCE: The parties acknowledge that they have resided at 60 Diane Circle, Camp Hill, Pennsylvania during their marriage. Said residence is Wife's sole and exclusive pre-marital asset. Husband acknowledges and agrees that this residence is Wife's sole and exclusive pre-marital asset and that Husband has no right or claim to this residence. Husband will vacate Wife's residence by November 1, 2009. 15. EQUITABLE DISTRIBUTION: a. Pension Plans/IRAS/Retirement Accounts/401(k)'s: Wife shall keep as her sole and exclusive possession any and all Pension Plans, IRA's, Retirement Accounts and 401(k)'s held in her name alone. Husband waives any and all right or claim to said retirement vehicles. Husband shall keep as his sole and exclusive possession any and all Pension Plans, IRA's, Retirement Accounts and 401(k)'s held in his name alone. Wife waives any and all right or claim to said retirement vehicles. b. Automobiles: Wife shall keep the 2008 Honda Accord automobile as her sole and exclusive possession free of any claim or demand by Husband. Wife shall be responsible for payment of the lease against said vehicle and shall indemnify and hold harmless Husband against said lease. Husband shall keep the OWYaguar automobile as his sole and exclusive possession, free and clear of any and all claim or demand by Wife. Husband acknowledges that he is in possession of and shall be solely responsible for the leased Jaguar automobile. The lease agreement on this Jaguar is in the parties joint names, however, Husband agrees that he alone shall be responsible for payment of said lease. Husband shall indemnify and hold Wife harmless against said lease. The parties agree to execute any and all documentation necessary to give effect to the above paragraphs. C. Checkin Savings Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. 16. 2008 INCOME TAX RETURN: The parties acknowledge that they filed a joint income tax return for the year 2008. Husband acknowledges there was a deficiency in the 2008 income tax return and over $7,557.00 is owed to the IRS. Husband agrees that he shall be responsible for payment of said deficiency to the IRS, including any and all interest, penalties, liens and other charges associated therewith. Husband shall indemnify and hold Wife harmless against this debt owed to the IRS. Husband shall provide Wife with documentation verifying the payments against this debt, as well as verification when the debt is paid in full. Husband shall provide Wife with said verification upon her request. 17. BANKRUPTCY: The parties acknowledge that Husband has recently declared bankruptcy and received a full discharge from same. Husband acknowledges that the bankruptcy pertained to his debts and his alone. Husband shall be responsible for any and all debts and fees associated with said bankruptcy, and shall hold Wife harmless regarding same. 18. WAIVER OF RIGHT TO ALIMONY, ALIMONY PENDENTE LITE SPOUSAL SUPPORT, COUNSEL FEES, COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their right to request alimony, alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 19. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 20. ADDITIONAL INSTRUMENTS: a. 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. b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 21. MODIFICATION 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 of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. 24. EXECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the parties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 25. APPLICABLE LAW: This Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. ? , Monica C. Velasco Michael Cohen hnr, A- ?Vitngs's ?nh? R U?rtic 2 C : i 19 P"1 1: 2 k MONICA C. VELASCO IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 09-4431 MICHAEL S. COHEN 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: Certified mail, restricted delivery on July 10, 2009, Proof of Service filed with the Prothonotary on July 17, 2009. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff October 8, 2009; by the defendant October 8, 2009. 4. Related claims pending: No other claims are pending. 5. 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)(I) of the Divorce Code. (b) Date plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: October 14, 2009. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: October 14, 2009 . Laurie A. Silt: Attorney for P MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET - P.O. BOX 1062 - HARRISBURG, PA 17108 (717) 236-9428 - FAX (717) 236-2817 20L9 Oi,T 19 1PH 1: 25 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Monica C. Velasco V. Michael S. Cohen NO. 09-4431 DIVORCE DECREE By the Court, AND NOW, f' CJ--J ? -y 2- [ , 2-b , it is ordered and decreed that Monica C. Velasco plaintiff, and Michael S. Cohen , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The Marital Settlement Agreement dated September 26, 2009 is hereby incorporated but not merged herein. A e J. 4 r Protholoawy