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HomeMy WebLinkAbout10-1869JANET COMINSKY, Plaintiff V. JOHN COMINSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 18(o9 N G7 J 1,, _X Crl F?Fn - Fn `? rn .13 : CIVIL ACTION - LAW : 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 on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. 4-%I. oo P A A-M# 095W ' ar*a3s9?9 ?adus c if. Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merb ,,dcdlaw.net JANET COMINSKY, Plaintiff V. JOHN COMINSKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Janet Cominsky, by and through her attorney, Melanie L. Erb, Esquire and the Dethlefs-Pykosh Law Group, LLC, who brings this Complaint in Divorce and avers as follows: 1. Plaintiff is Janet Cominsky, an adult individual currently residing at 17 Fargreen Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is John Cominsky, an adult individual currently residing at 17 Fargreen Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff avers that Defendant has also been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 5. The parties were married on June 18, 1994 in Mechanicsburg, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken 8. Plaintiff avers that neither party is an active member of the United States Military or its allies. 9. 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. Being so advised, Plaintiff waives that right. 10. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 11. Plaintiff avers the grounds for divorce: a. The marriage is irretrievably broken; b. The parties consent to the divorce; or in the alternative, c. The parties have lived separate and apart for a period or two (2) years. WHEREFORE, Plaintiff, Janet Cominsky, respectfully requests this Honorable Court grant a Decree in Divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have acquired property during the marriage which is subject to equitable distribution. 14. In the event that Plaintiff and Defendant are unable to agree as to an equitable distribution of said property, the parties request the court to intervene. WHEREFORE, Plaintiff, Janet Cominsky, respectfully requests this Honorable Court to divide all marital property pursuant to Section 3501 and 3502 of the Divorce Code prior to the entry of a final divorce decree. COUNT III CUSTODY 15. Paragraphs 1 thru 11 are incorporated herein by reference as though set forth in full. 16. Plaintiff seeks shared legal and shared physical custody of the minor child, Alexander Nicholas Cominsky, born March 15, 1996. 17. The child was not born out of wedlock. 18. The child is presently in the joint custody of the parties at 17 Fargreen Road, Camp Hill, Pennsylvania, 17011. 19. During the past five years and since his birth, the child has resided at 17 Fargreen Road, Camp Hill, Pennsylvania, 17011 with his parents. 20. The mother of the child is Janet Cominsky, currently residing at 17 Fargreen Road, Camp Hill, Pennsylvania, 17011. She is married to the Defendant, but seeking a divorce. 21. The father of the child is John Cominsky, 17 Fargreen Road, Camp Hill, Pennsylvania, 17011. He is married to the Plaintiff. 22. The relationship of Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the following persons: Name Relationship John Cominsky Spouse Alexander Nicholas Cominsky Son 23. The relationship of Defendant to the child is that of natural father. The Defendant currently resides with the following persons: Name Relationship Janet Cominsky Spouse Alexander Nicholas Cominsky Son 24(a). Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 24(b). Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 25. The best interest and permanent welfare of the child will be served by granting the relief requested because Plaintiff has been the child's primary caregiver. 26. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as a party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene: NONE. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order scheduling a custody conciliation conference. Respectfully Submitted, k!, e Atto ey I.D. No. 84445 Dethlefs-Pykosh Law Group, LLC 2132 Market Street Camp Hill, PA 17011 717-975-9446 Attorney for Plaintiff VERIFICATION I, JANET COM INSKY, verify that the statements made in the foregoing Complaint in Divorce are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. &4904, relating to unsworn falsification to authorities. DATE FlL~D-{7l~riC~ 200 ~~~ ?~ ~-~ I ~ ~0 JANET COMINSKY, Plaintiff v. JOHN COMINSKY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA NO.: 10-1869 CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John Cominsky, do hereby accept service of the Complaint in Divorce in this matter. ,~ ~ D Da Jo Cominsky •t - Tf-, ,~'t, pvGr ~ ~ ~/: /d C' _ `i , Melanie L. Erb Attorney for Plaintiff 2132 Market Street Camp Hill, PA 17011 merb(a,dcdlaw.net 717-975-9446 JANET COMINSKY , Plaintiff v. JOHN COMINSKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA NO.: 10-1869 CIVIL ACTION -LAW 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 (x) 3301 C ( ) 3301 D of the Divorce Code. 2. Date and manner of service of the complaint: By regular mail, accepted by Defendant on March 19, 2010 as evidenced by the Acceptance of Service filed March 24, 2010. 3. Date of execution of the affidavit of consent required by Section 3301 (C) of the divorce code: By plaintiff Apri13, 2010; by defendant Anril 3, 2010. 4. Related claims pending: All economic claims have been settled by written agreement dated April 19, 2010. The terms and conditions of the Marriage Settlement Agreement filed in this matter shall be incorporated into but shall not be merged into this Decree. 5. Plaintiff s Waiver of Notice in § 3301 (c) Divorce is filed contemporaneously with this Praecipe to Transmit record and is attached hereto. 6. Defendant's Waiver of Notice in § 3301 (c) Divorce is filed contemporaneously with this Praecipe to Transmit record and is attached hereto. Respectfully Submitted, Mel iej rb, Esquire Attorney Identification No. 84445 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff JANET COMINSKY, : IN THE COURT OF COMMON PL~S ,., Plaintiff :CUMBERLAND COUNTY, PENNS~LV~iIA~, _ ~~~,-TI ,.~~ .~ , c JOHN COMINSKY, :CIVIL ACTION -LAW ~ -. ~ :c Defendant : IN DIVORCE .._ _~ .'~ ~ ~ MARITAL SETTLEMENT AGREEMENT ~.. ~ -=: J 0 THIS AGREEMENT, made this / ~ day of /`i, , 2010, by and between JOHN COMINSKY (hereinafter referred to as "Husband") and JANET COMINSKY (hereinafter referred to as "Wife"). WHEREAS, Husband and Wife were married on June 18, 1994 in Mechanicsburg, Cumberland County, Pennsylvania. WHEREAS, there has been one child born of this marriage, Alexander Nicholas Cominsky, born March 15, 1996. WHEREAS, As a consequence of disputes and unhappy differences, the parties have separated. The parties desire to confirm their separation and make arrangements in connection therewith, including the settlement of their property rights, and all other rights and obligations arising out of the marriage relationship. NOW THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION AND NONINTERFERENCE A. It will be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. B. Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither shall bother the other or compel or endeavor to compel the other to cohabit or dwell with him or her. 2. MUTUAL RELEASE 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. 3. FULL DISCLOSURE The provisions of this Agreement and their legal effect are fully understood by each party to this agreement, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 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 and of all other facts relating to the subject matter of this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel or that both parties have had the opportunity to have legal counsel review and fully explain the terms of this Agreement. 4. EQUITABLE DIVISION By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 2 5. SUBSEQUENT DIVORCE A. AGREEMENT NOT PREDICATED 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 any action or actions for divorce upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented 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 the Agreement. Husband and Wife each knowingly and understandingly hereby waive 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 by stopped from asserting any illegality or unenforceability as to all or any part of this Agreement. B. ENTRY AS PART OF DECREE - It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either parry 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 3 not merge into any such judgment or decree of final divorce, but shall be incorporated for the purpose of enforcement only. C. 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, or other documents as may be necessary to promptly proceed to obtain a 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 named Defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. 6. CUSTODY The parties in this matter mutually agree to share joint legal and physical custody of the minor child. For purposes of enrolling the child in school, the child's primary residence shall be Wife's residence. The actual schedule for physical custody of the minor child, including holidays and summer vacation will be determined as mutually agreed upon by the parties. 7. DIVISION OF PERSONAL PROPERTY The parties agree that Husband and Wife shall divide the possessions contained in the marital residence as mutually agreed upon. 8. VEHICLES Husband and Wife agree to keep their respective vehicles. Wife will retain the 2008 Honda Civic Hybrid, VIN JHMFA362785014784, which is jointly titled and encumbered by a loan with TD Bank North. Husband will retain the 2008 Honda Civic Hybrid, VINJHMFA362085011385, which is 4 jointly titled and encumbered by a loan with TD Bank North. The parties agree that each shall be responsible for all expenses and liabilities associated with their respective motor vehicles. Each party shall indemnify and hold the other harmless for his or failure to pay any and all expenses or liabilities associated with their respective vehicles. 9. LIABILITIES Husband and Wife agree that each shall be responsible for personal debt in their own name unless otherwise indicated in this Agreement. 10. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 11. DISPOSITION OF PROPERTY From and after the date of the signing of this Agreement, both parities 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. 12. REAL ESTATE The parties agree that they are the owners of a parcel of real estate located at 17 Fargreen Road, Camp Hill, Cumberland County, Pennsylvania. Said property is currently encumbered by an installment loan, Loan #xxxx-6426, held by PNC Bank, in joint names, with an approximate balance of $90,791.11. The parties further agree that the marital residence is encumbered by a home equity line of credit, Loan #xxxx-6971, held by PNC Bank, in joint names, with an approximate balance of $18,000. The parties agree that Wife shall retain the marital residence and has had a Deed prepared reflecting that Wife is the sole owner of the residence. Husband shall vacate the marital residence no later than July 31, 2010. Further, the parties agree that Wife shall refinance the current installment loan held by PNC Bank. Additionally, Husband shall be solely liable for the home equity line of credit currently held by PNC Bank which has already been paid off by Husband. The parties shall each be solely liable for the payment of these debts pending the Divorce proceedings and each shall cooperate with the other in signing any and all documents necessary to transfer/refinance these debts. The parties also agree that Wife shall be solely liable for the taxes, insurance, utilities and all other liabilities associated with the marital residence, except for the July 2010 real estate taxes which Husband shall pay. Wife agrees to hold Husband harmless for his failure to pay these obligations in a timely manner. 13. COUNSEL FEES The parties mutually agree that Husband shall be solely responsible for payment of all attorney fees in connection with the preparation of the Divorce Complaint, this Agreement and any future expenses in this divorce action, as well as filing fees. 14. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT The parties mutually agree that each shall waive any and all past, present or future claims for spousal support, alimony pendente lite, and alimony. 6 15. BANK ACCOUNTS The parties mutually agree that they are the joint holders of bank accounts at PNC Bank and Members First Federal Credit Union. It is agreed that Husband shall retain the account at Members First and Wife shall retain the account at PNC Bank. The parties further agree to cooperate in signing any and all documents necessary to remove his or her name from the other's account. 16. HEALTH. DENTAL AND VISION INSURANCE BENEFITS The parties mutually agree that each shall be liable for his or her own health, dental and vision insurance benefits once the Decree in Divorce is issued. Further the parties shall be liable for his or her own out of pocket expenses for medical costs. It is agreed that Husband shall be responsible, at his expense, for providing health insurance for the parties' minor child. It is also agreed that Wife shall be responsible, at her expense, for providing dental and vision insurance for the parties' minor child. Further, it is agreed that the parties shall share equally in any out of pocket expenses for the child's medical costs. 17. PENSION and EMPLOYMENT BENEFITS The parties mutually agree that Husband is the owner of a 401(k) savings plan as a result of his employment with Trinity High School. The parties mutually agree that Wife is the owner of a 401(k) savings plan and a 403(b) savings plan as a result of her employment with Holy Spirit Hospital. Each party hereto shall maintain sole ownership over his or her individual pension plans, profit sharing or similar retirement plans acquired individually or as the result of contributions by his or her employer. Wife hereby releases any interest that she has in the retirement benefits of Husband accumulated as the result of his employment and any other 7 additional benefits he may have accrued. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment and any other additional benefits she may have accrued. This waiver is a full and complete discharge of each party's marital claim. The parties agree to execute any and all documents necessary to effectuate the terms herein contained. 18. TAX RETURNS The parties mutually agree that beginning with tax year 2010 they will file separate federal, state and local tax returns unless otherwise mutually agreed upon. Beginning with tax year 2010 and onward, the parties mutually agree that they shall each have their returns prepared two ways, one with claiming the parties' minor child and one without claiming him. The parties shall then work together to determine the overall best tax benefit for the party claiming the minor child and work to compensate the other in for relinquishing the tax claim. Each party shall be solely liable for any tax liability from 2009 forward and each shall indemnify, defend and hold the other harmless from and against any such liability thereafter. As to all tax years prior to 2009, each party represents and warrants to the other that each has provided true and accurate information concerning all income from all sources, all deductions and legitimate business expenses and that, to the best of the knowledge of each, all such tax returns have been true, correct and accurate. In the event the Internal Revenue Service or any other taxing agency shall examine or audit such returns and shall determine there was or has been a failure to state income or a disallowance of claimed deductions, the person who failed to disclose such income or who inaccurately or incorrectly claimed such deductions shall bear sole responsibility for the payment of any such additional tax liabilities, penalties, interest or the like which may be thereafter assessed and shall indemnify and save the other party harmless of and from any and all claims, 8 demands, suits, actions or causes of action, costs and expenses, (including reasonable attorney's fees), to which such person or party may become exposed or liable by reason of such additional taxes, penalties, interest or the like. 19. MISCELLANEOUS The parties believe and agree, that the division of property hereto made by this Agreement is anon-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. 20. LEGAL ADVICE The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Melanie L. Erb, Esquire, as her attorney. The Husband has been advised of his right to employ independent legal counsel and had opted to not retain his own counsel. Each party acknowledges that he or she fully understands the facts and fully understands his or her legal rights and obligations and each party acknowledges and accepts that this agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of the 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. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real andlor personal property, estate and assets, earnings and income of the other and that each has made a full and 9 complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and further agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure or that there was any absence or lack of full, proper or independent representation. 21. GENERAL PROVISIONS A. WARRANTY AS TO EXISTING OBLIGATIONS -Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities, or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. B. WARRANTY AS TO FUTURE OBLIGATIONS -Wife and Husband each covenant, warrant, represent, and agree that each will now and at all times hereafter save harmless and keep the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. C. SEVERABILITY - 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, 10 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. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. D. OTHER DOCUMENTATION -Wife and Husband covenant and agree that they will forthwith execute any and all written assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. E. ENTIRE AGREEMENT -This Agreement contains the entire understanding of the parities, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. F. WAIVER OR MODIFICATION TO BE IN WRITING - No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. G. MUTUAL COOPERATION -Each party shall, at any time and from to time to time hereafter, take any an all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. H. LAW GOVERNING -This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 11 I. BINDING EFFECT -Except as otherwise stated herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. J. NO WAIVER OF DEFAULT -This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. K. HEADINGS NOT PART OF AGREEMENT -Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience or referenced and shall not constitute a part of this Agreement nor shall they affect its meaning, construction, or effect. L. WAIVER OF CLAIMS AGAINST ESTATES - Except as herein otherwise provide, 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 have or hereafter acquire, under the present or future laws of Pennsylvania or another jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, courtesy, their statutory equivalents, widow's allowance, homestead rights, right to take in intestacy, right to take against the will of other, and right to act as administrator or executor of the other's estate, and each party 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 12 relinquishment of all such interests, rights and claims. M. ATTORNEY'S FEES FOR ENFORCEMENT - In the event that either party breaches any provision of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay for all reasonable attorney's fees, court costs, and expenses incurred by the other party in enforcing the Agreement. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have signed ~~f W'' and sealed this Agreement on the day of / , 2010. In the presence of: 13 JANET COMINSKY, Plaintiff v. JOHN COMINSKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.10-1869 :CIVIL ACTION -LAW IN DIVORCE c~ ~ ,:; c.~ a : ~ - ,..., ~ ti~ i t-.'- .:i-~-. ~i `~ ~ 'T ~ 6~~ - - : FTI` „~- ~a ~, ;` ~ . _.W__ _~ . .. :~_ , _ . ~,~- G PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 16, 2010. 2. 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. 3. 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. Section 4904, relating to unsworn falsification to authorities. Date: U JANET COMINSKY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA D v. : NO.10-1869 , ~- ~. - ;~ JOHN COMINSKY, :CIVIL ACTION -LAW ~-; ~ I ~' Defendant : IN DIVORCE ~ -' -- ~ a~ ~ - ..; PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTR~~F $ v =' DIVORCE DECREE UNDER SECTION 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, lawyers' 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 Waiver 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: ~ 3 ~~ JANET COMINSKY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA t-? v, : NO.10-1869 -~,~' --, -_ ~ -~ JOHN COMINSKY, :CIVIL ACTION -LAW ~ ~ J `-'~' C`. Defendant : IN DIVORCE ~ = ! _ -_- 1-' 1 .. ~ -_ b t;_: _:. DEFENDANT'S AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 16, 2010. 2. 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. 3. 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. Section 4904, relating to unsworn falsification to authorities. Date: ~ 3 18 Jo Cominsky, Defendant C~ ''v ~' ; =-~ o ~~ JANET COMINSKY, IN THE COURT OF COMMON~''f~EA ~ _~_ Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIt~~ ~~ __ ~ ~' ~ v. : NO. 10-1869 ~` ' ~~ JOHN COMINSKY, :CIVIL ACTION -LAW ~; ~.. ~ , Defendant : IN DIVORCE `y" a DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 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, lawyers' 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 Waiver 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: U 1~ ( O Jo Cominsky IN THE COURT OF COMMON PLEAS OF JANET COMINSKY :CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN COMINSKY 10-1869 NO: DIVORCE DECREE AND NOW, _,j,~_, Zd I O , it is ordered and decreed that JANET COMINSKY plaintiff, and JOHN COMINSKY ,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.") NONE. The marital property of the parties shall be distributed in accordance with the Marital Settlement Agreement signed by them on April 19, 2010. Said Agreement is incorporated herein for the purpose of enforcement and confirmation of the legal obligations undertaken therein by and between them but shall not be merged with this Decree. p By the Court, C~ ~ ~, J ~- b .. .. <<