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HomeMy WebLinkAbout10-05230 4 ` COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, Pa 17011-4227 (717) 737-0464 T 2013 t 25 t.1 2):4 Attorney for Plaintiff MELISA K. PLAZEK, Plaintiff, VS. JOHN P. PLAZEK, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10 - 5,13 CIVIL TERM 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. 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 Courthouse, 1 Courthouse Square, Carlisle, PA 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 32 South Bedford Street, Carlisle, Pennsylvania 1-(800)-990-9108 717-249-3166 $381.50 00 A-rrY M'# 4677 R.7*a31o7a.$ C?' COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, Pa 17011-4227 (717) 737-0464 Attorney for Plaintiff MELISA K. PLAZEK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO./6--S-)-S CIVIL TERM JOHN P. PLAZEK, Defendant. : IN DIVORCE COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Melisa K. Plazek, by her attorney, Jaime L. High, Esquire and files this Complaint In Divorce and avers the following in support thereof: 1. The Plaintiff, Melisa K. Plazek, is an adult individual residing at 1221 Bridge Street, Apt. C., New Cumberland, New Cumberland Borough, Cumberland County, Pennsylvania 17070. 2. The Defendant, John P. Plazek, is an adult individual residing at 687 YMCA Drive, New Cumberland, Fairview Township, York County, Pennsylvania 17070. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 19, 2004, in Florida Keys, Florida. 5. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 6. The Plaintiff and Defendant were separated on or about July 1, 2008. 7. There have been no prior actions of divorce or for annulment between the parties. 2 8. 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. Further, Plaintiff waives her right to request that the parties participate in marriage counseling. COUNT I-REQUEST FOR A NO FAULT DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference. 10. The marriage is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if both parties file affidavits of consent to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as may be appropriate. COUNT II - EQUITABLE DISTRIBUTION 13. The prior paragraphs of this Complaint are incorporated by reference. 14. Plaintiff and Defendant have acquired property, both real and personal, and debt during their marriage. 3 15. Plaintiff and Defendant have been unable to agree as to the equitable division of said property and debt. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debt pursuant to the Divorce Code. Respectfully submitted: COYNE & COYNE, P.C. Dated: //0 y ime L. High s uire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Attorney for Plaintiff VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: / Aj? Melisa . Plazek ¦r MELISA K. PLAZEK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, r„a : CUMBERLAND COUNTY, PENN?L?NIA z VS. : NO. 10-523 - CIVIL TERM -_ -?' JOHN P. PLAZEK, Defendant. : IN DIVORCE r' PROOF OF ORIGINAL SERVICE OF COMPLAINT <, J~ I, JAIME L. HIGH, ESQUIRE, hereby certify that I have, on January 26, 2010, caused a true and correct copy of the Complaint for Divorce to be served upon the Defendant named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested: John P. Plazek 687 YMCA Drive New Cumberland, PA 17070 .X COYNE & COYNE, P.C. Dated: a 1 By: G e L. Hi squire 7006 0100 0003 4882 9419 3901 Marks Street M13 Camp Hill, PA 17011-4227 !R 1 -01 B o (717) 737-0464 a Pa. S. Ct. No. 91506 Attorney for Plaintiff :? mT mT v0 P i ? i'? Io v0 ? • rp M1 compiete Rerris ?, ? i Rem 4 If X Agent 14k ¦ Print your name on the reverse 13 Address" E so that we can the to B. by tRfntsd c. Date of Delivery i ¦ Attach this card to a ffit s or on the wont ff spsoe D. Is deq m address dQerart *om Rom 11 ? We r 1. Article Addressed to: If YES, attar dWWwy address below: ? - N ?Mh,v? r / ?" 17on s. 10 owu ? tall ? Speaa Man ? RsyNlsred ? Return Rsoslpt for Merotharrdles ? breed mom ? C.O.D. 4. Restricted DeNvery4 (Extra Fee) Yes 2. Article Number 7006 0100 0003 4882 9419 (naneliea. fiom ssMce ?abeg ; PS Form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAdVA Melisa K. Plazek Plaintiff r-nC0 -n .rn !"t7 t ' tr- 3._° VS. NO. 523 264- 70 ZZL:aW--j C? i John P. Plazek D? C)-1 - ? Defendant N FOR APPOINTMENT OF MASTER ZC.7 °• C `-t MOTIO A Melisa K. Plazek Plaintiff moves the court to appoint a master with resp*t t the following claims: X? Divorce ?X Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Jason M. Weinstock , Esquire). 3. The staturory ground (s) for divorce are 23 Pa.C.S.A. 3301(c),(d) 4. Delete the inapplicable paragraph (s): A ?X B © C F-1 a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: Equitable Distribution of Property. Plaintiff has sent Defendant a previous, settlement offer. Defendant has not responded to offer. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 3 hours 7. Additional information, if any, relevant to the motion: Date: 2/16/11 . orney for Pl tfi. AND NOW Jaime L. High, Esq. Print Name ORDER APPOINTING MASTER 20 Esquire, is appointed master with respect to the following claims: By the Court, VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: (?? .I l V MELISA K. PLAZE CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Motion for Appointment of Master was served this date upon the below-referenced individual at the below listed address by way of first class mail, postage pre-paid: Jason M. Weinstock, Esquire Ira H. Weinstock, P.C. 800 North Second Street Harrisburg, PA 17102 Dated: lime L. High, Esquir Attorney for Plaintiff . ., i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAC'JIA t-a Melisa K. Plazek C r = _ Plaintiff MCD -n vs. rrI m NO. 523 John P. Plazek 'Co Defendant MOTION FOR APPOINTMENT OF MASTER CD Melisa K. Plazek Plaintiff moves the court to appoint a master with respect tt the following claims: `-< ?X Divorce X? Distribution of Property ? Annulment ? Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite ? Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his attorney,_ Jason M. Weinstock , Esquire). 3. The staturory ground (s) for divorce are 23 Pa.C.S.A. 3301(c),(d) Delete the inapplicable paragraph (s): A X? B Z CF] a. The action is not contested. b. An agreement has been reached with resnect to the following claims: C. The action is contested with respect to the following claims: Equitable Distribution of Property. Plaintiff has sent Defendant a previous; settlement offer. Defendant has not responded to offer. 5. The action does not involve 6. The hearing is expected to take 3 complex issues of law or fact. C hours _.0 r 7. Additional information, if anv, relevant to the motion: I w 2/16/11 Date: ,? _ orney for PI lfiI' -? 77- ::M Jaime L. High, Esq. Print Name ORDER APPOINTING MASTEpR? AND NOW V •?4 20!! a Esquire, is appointed master with respect to the following claims: _ Q,0 _ 6?- a,L-j-Q, By the Court, • J. Son l?1. cry„ Coyne , Pc Cokes ma.. l cA( 1aalil f, -? t:,) =-I O 'r n E_'" MELISA K. PLAZEK, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 10 - 523 CIVIL JOHN P. PLAZEK, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this (0 day of -!?? 1 2011, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated April 27, 2011, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Kevi Hess, P.J. cc: Jaime L. High Att rney for Plaintiff Jason M. Weinstock Attorney for Defendant ' s' C 6c r - e' m.) b en l L? r "T -1 C7) [ n J / 9 COYNE & COYNE, P.C. Jaime L. High, Esq. Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 ATTORNEY FOR PLAINTIFF MELISA K. PLAZEK, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 10-523 - CIVIL TERM JOHN P. PLAZEK, , Defendant. : IN DIVORCE MARRIAGE SETTLEME NT AGREEMENT THIS AGREEMENT, made this P da of y 2011, by and between Melisa K. Plazek, hereinafter referred to as "Wife", and John P. Plazek, hereinafter referred to as "Husband". WITNESSETH: WHEREAS;,,ausband and Wife were lawfully married on April 19, 2004 in Florida Keys, Florida and separated on or about July 1, 2008,-and WHEREAS, certain differences have arisen between the parties as a result of which they have separated 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; L 1i. V Page 1 of 13 WHEREAS, the parties, after being properly advised by their respective counsel, Wife by her attorney, Jaime L. High, Esquire, and Husband by his attorney, Jason M. Weinstock, Esquire. Each of the parties acknowledges and agrees that, after having received such advice and with. such knowledge, this Agreement is, under the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this 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: 1. SEPARATION.- It shall be lawful for each party at all times hereafter to live separate and apart from the other at 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 molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or 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: Wife represents and warrants to Husband that since their separation on or about July 1, 2008 she has not, and in the future she will not, contract or incur by debt or liability for which Husband or his estate might be responsible and shall indemnify, defend and save Husband harmless from any and all claims or demands made against her by reason of debts or obligations incurred by her. „ _ Page 2 of 13 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation on or about July 1, 2008 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, defend and save Wife harmless from any and all claims or demands made against him by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBT. Husband and Wife acknowledge and agree that there are outstanding marital debts which the parties agree to be pay as follows: Person Assuming Item: Responsibility 1. Chase Bank (Mortgage) Husband Account No. XXXXXXXX93 2. Discover More Card Husband Account No. Y,XXX-XXXX-XXXX-924 3. Real Estate Property Taxes for Marital Home Husband 4. All Utilities associated with Marital home Husband Each herein above identified party agrees to pay in full the outstanding account/debt balance as set forth herein and further agrees to defend, indemnify, and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. Furthermore, Wife agrees to remove Husband's name from any credit cards she currently possesses, if any, and agrees to defend, indemnify, and save harmless Husband from any and all claims and demands made against him by reason of such debts or obligations. Moreover, Husband agrees within two (2) days of execution of this Agreement to remove Wife as co-obligor from the Discover More Card No. XXXX-XXXX-XXXX-924 and provide Wife with proof of removal Wife from that account within ten (10) days of execution of this Agreement. Should Husband be unable to remove Wife from the said Discover More Card, then Husband will immediately close the said account and provide proof of the closure and cancellation of the said account to Wife. Page 3 of 13 n Husband further agrees, upon execution of this Agreement, that he will take immediate steps to remove Wife as Mortgagor from existing Chase Bank Mortgage. Husband shall apply to refinance the existing Mortgage so that Wife will be removed from the Mortgage and that the said refinancing shall occur no later than sixty (60) days of execution of this Agreement. Should Husband fail to refinance the existing Mortgage such that Wife is not removed as Mortgagor, the Parties shall immediately list for sale the marital home with a reputable and established r residential real estate broker for a listing price which will satisfy the then existing balance of the residential Mortgage. All expenses associated with Husband's refinancing of the Mortgage or the voluntary release of Wife from the mortgage shall be the sole expense of the Husband. Any proceeds from the sale of the marital home shall be the sole and exclusive property of the Husband provided that Husband shall pay to Wife the sum of Fifteen Thousand Dollar ($15,000.00) of equitable distribution obligation identified herein. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. 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 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. Page 4 of 13 (? 7. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION, 401(k), IRA KEOGH OR OTHER EMPLOYMENT-RELATED PLANS. The parties agree to waive any interest they may have in each other's pension, profit-sharing, retirement, credit union accounts, 401(k), IRA, Keogh or other employment-related plans. 8. EOUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa. C.S.A. Section 3501 et. seq., and taking into account the following considerations: the length of the marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. DISTRIBUTION OF PERSONAL PROPERTY.• The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale ?? Page 5 of 13 from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all intangible marital property as follows: TO Wife: PNC Checking Account No. XXXXXXXX74; TO Husband: New Cumberland Federal Credit Union Account No. XXXX04. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to his/her separate property and any property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B. DISPOSITION OF REAL ESTATE: It is understood and agreed that the parties are joint owners of certain marital real estate located at 687 YMCA Drive, New Cumberland, York County, Pennsylvania, 17070 ("Marital Premises") which is encumbered by a mortgage held by Chase Bank, Account No. XXXXXXXX93 ("the Mortgage"). The parties agree Wife will convey to Husband her marital interest in the said real estate upon the Husband's execution of this agreement and the satisfaction of the current mortgage and the payment to her of Fifteen Page 6 of 13 Thousand Dollars ($15,000.00). Further, upon execution of this Agreement, Husband will be solely liable for all financial obligations and real estate taxes associated with the maintenance and occupancy of the said real estate, to include all mortgage payments due and owing on the existing Mortgage held by Chase and Husband agrees to indemnify and hold Wife harmless for all obligation associated with that Mortgage and any other cost, expenses, and taxes associated with the real estate. Husband's attorney will prepare a Deed transferring Wife's interest in the said real estate to Husband which Wife will execute said Deed; however, the Deed will be held in escrow by Husband's attorney pending the satisfaction and refinance of the existing Chase Bank Mortgage by Husband and payment by Husband to Wife of the sum of Fifteen Thousand Dollars ($15,000.00) as part of the equitable distribution of the marital estate. Said payment to Wife is due within fourteen (14) days of the execution of this Agreement. Should Husband fail to complete the refinance the said Mortgage within sixty (60) days of execution of this Agreement, the parties will immediately list the Marital Premises for sale and the Marital Premises shall be sold with no reasonable offer being refused. Husband shall be responsible for any mortgage deficiencies, real estate transfer taxes, realtor's commission, and all closing costs. Upon f said sale, Wife will receive from Husband the sum of Fifteen Thousand Dollars ($15,000.00) as payment due under this Agreement as equitable distribution of marital assets if said payment is still outstanding. Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost or expense, including attorneys' fees, which are incurred in connection with such maintenance, costs and expenses or resulting from Husband's ownership interest in the Marital Premises. Husband shall be solely responsible for all fees, taxes, costs and expenses associated with maintaining the Marital Premises or costs or repairs incurred for the sale of the said Marital Premises, including but not limited to all real estate taxes, water and sewer rents, gas, electric and telephone service, homeowner's insurance, gardening expenses, and repairs, and he shall keep Wife indemnified and held Page 7 of 13 a P harmless from any liability, costs or expenses, including attorneys' fees, which are incurred in connection with such maintenance, costs and expenses. 9. 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 such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or 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. 10. HEALTH INSURANCE: Parties shall provide their own health insurance. Neither party shall be responsible for any health insurance, health costs or medical expenses incurred by the other and each shall indemnify and hold harmless the other from any claim put forth in that regard. 11. ALIMONY.• The parties expressly agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for maintenance or alimony. Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony. 12. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife further, voluntarily and knowingly, waive and relinquish any right to seek from the other any payment for alimony pendente lite, counsel fees, and expenses 13. INCOME TAX RETURNS: The parties have previously filed joint federal and state tax returns before date of separation 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 loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the Page 8 of 13 Y cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 14. 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 agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 15. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, waivers of notice, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a final decree in divorce pursuant to said 23 Pa. C.S.A. Section 3301(c). Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the Page 9 of 13 named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in, but shall not merge into, any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 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 such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of attorney fees and court costs incurred by the other in enforcing his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENTS: 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. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accounts, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 19. VOLUNTARY EXECUTION.• The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, if any, and each party acknowledges ? Page 10 of 13 !? 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. 20. 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 division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa. C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and knowingly waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 21. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and amount of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. 22. MODIFICATIONAND 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. t ?? Page 11 of 13 ? n` 23. - PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 24. 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. 25. INDEPENDENT SEPARATE 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. 26. APPLICABLE LA W.• This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. , 27. 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. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties intending to be bound hereto have set their hands and J Page 12 of 13 seals the day and year first above written. Commonwealth of Pennsylvania ) ) ss County of Cumberland ) On this, the 27 day of 4a , 2011, before me, personally appeared MELISA K. PLAZEK, Wife, known to me to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. (Seal) of Public C:QMbtCM:NY1,71i,0f PEN0Y{1lAN1A1 . t4*bTARIAL SEI : bV4 Commonwealth of Pennsylvania ) ?, 3p M fie C.eyne hL ;aglft c pon 10:m ?rwnumberlaraMunt1i ( ss ?Icpiras:lu Sl13?' County of Q t )1? i T ) On this, the day of l ?C?-M , 2011, before me, a Notary Public, personally appeared JOHN P. PLAZEK, Husband, wn to me to be the person whose name is subscribed to the within Agreement and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF; I have hereunto set my hand and official seal. f? . (Seal) Notary Public COMMONWEALTH OF PENN8YLVANW NOTARIAL SEAL UWA 1A1ITMM NOTARY PUNM CITY OF FWi MMA, DAtFM MJNTY My GQ N DO N-1 MAR, 20; 2011 Page 13 of 13 _ (? : IN THE COURT OF COMMON PLEAS OF .:-CUMBERLAND COUNTY, PENNSYLVANIA Melisa K. Plazek V. John P. Plazek : NO. 10-523 DIVORCE DECREE AND NOW, M ?(J 16 , _,bIl , it is ordered and decreed that Melisa K. Plazek plaintiff, and John P. Plazek 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 Marriage Settlement Agreement dated April 27, 2011 is incorporated but not merged into this Decree. By the Court, -?* ---I ??, Attest: J. ,4A z Prothonotary 511oln- &4+. &py mailed -b &tby th Nave -P O*q rna; al -b a weit,