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HomeMy WebLinkAbout10-3039 FILE; - ''F ?'r'" " ?!Y ©©??§§E?., In the Court of Common Pleas of Cumberl Wd C`b J4, Ali U;) Pennsylvania CLP GARY G. VASSIL, ) r'C:: 3 o 4 L4'A ,.Plaintiff, ) VS. ) No. 1 O -31)_-;Sq (2 -r t-; ) ANGEL L. VASSIL, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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 at: Office of the Prothonotary Cumberland County Courthouse 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 -f3go1.0O PA A`I" t%t C& ISco e a411W In the Court of Common Pleas of Cumberland County, Pennsylvania GARY G. VASSIL, ) Plaintiff, ) VS. ) No. ANGEL L. VASSIL, ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. VC, Michael S. Travis Attorney at Law ID No. 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9509 In the Court of Common Pleas of Cumberland County, Pennsylvania GARY G. VASSIL, ) Plaintiff, ) VS. ) No. ANGEL L. VASSIL, ) CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by his attorney, Michael S. Travis, respectfully represents: 1. Plaintiff is Gary G. Vassil, who resides at 2202 Chestnut Street, Floor 1, Camp Hill, Cumberland County, Pennsylvania, 17011, since November 2009. 2. Defendant is Angel L. Vassil, who resides at 2202 Chestnut Street, Floor 1, Camp Hill, Cumberland County, Pennsylvania, 17011, since November 2009. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 31, 2005, in dtikkj5ke 0 .JOA 6U1?16eAL,4ND Coats 7'Y 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, Plaintiff may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 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. 9. Neither party is in the Military Service in the United States. 10. Plaintiff requests the court to enter a decree of divorce. Attorney for Plaintiff I.D. # 77399 3904 Trindle Road Camp Hill, PA 17011 (717) 731-9502 Fax 731-9511 VERIFICATION I verify that the statements made in this Complaint 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: 7=--/b / lea-64? 1 Gary G. Va sil, Plain ff i ae . Travis ?v Q l I ;' k fi ' i t lr J IN THE COURT OF COMMON PLEAS OF CUMBERLAND C04A PENNSYLVANIA GARY G. VASSIL, Plaintiff, ) VS. ) No. to -.3o37 ANGEL L. VASSIL, ) CIVIL TERM Defendant. ) IN DIVORCE MARRIAGE SETTLEMENT AGREEMENT Counsel of record: Ci v i cT rh Michael S. Travis, Esquire for Plaintiff 3904 Trindle Road Camp Hill, PA 17011 717-731-9502 mst@mtravislaw.com 1 MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this flay of dnq , 2010, by and between Gary G. Vassil, (hereinafter referred to as "H sband,") and Angel L. Vassil, (hereinafter referred to as "Wife"). WITNESSETH: WHEREAS, that Husband and Wife were lawfully married October 31, 2005; and WHEREAS, there were no children born of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; DEFINITIONS (a) Date of Execution of this Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. (b) Distribution Date. The phrase "distribution date" shall be defined as fourteen days following the entry of a final decree in divorce and the filing of Waivers of Appeals by each party. If the fourteenth day falls on a weekend or holiday, the distribution date shall be the next business date. 2. ADVICE OF COUNSEL The parties have had an opportunity to review the provisions of this Agreement with their respective counsel. Husband is represented by Michael S. Travis, Esquire. Wife is represented by . Husband and Wife acknowledge that 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. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not at any future time raise as a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement. 3. SEPARATION It shall 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. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 4. 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 the agreement. Neither party 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, follow, stalk, nor in any way interfere with the peaceful existence, separate and apart from the other. 5. DIVISION OF PERSONAL PROPERTY Except as outlined on Exhibit "A" , attached hereto, the parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible marital 3 property. Neither party shall make any claim to any other such items of marital property, or to the separate personal property of either party, which are now in the possession and/or under the control of the other. Financial Accounts. The parties have equally divided all joint checking, savings and other non-retirement accounts to their mutual satisfaction. The parties agree to retain their separate financial accounts. The parties agree to cooperate in transferring any title or document to accomplish the above distribution. Neither party will make further claim to any joint financial account following the distribution date of this Agreement. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE Neither party shall be entitled to spousal support or APL. 7. ALIMONY (a) In recognition of the criteria set forth in 23 Pa. Cons. Stat. Ann. § 3701 et seq., commencing on the date of a Decree in Divorce and thereafter, Wife shall receive from Husband the sum of $300.00 per month. (b) Notwithstanding the provisions of this subparagraph the alimony payments provided for in this Paragraph shall terminate upon the first to occur of: (i) Wife's remarriage; (ii) Wife's cohabitation with a member of the opposite sex who is not a member of Wife's immediate family within the degrees of consanguinity subsequent to Wife's and Husband's divorce; (iii) Wife's death; or (iv) Husband's death. The parties agree that the term "cohabitation" as used in this Agreement involves a sexual relationship and does not include a male tenant. (c) Wife does hereby acknowledge that the current rate of inflation may change; that Husband's income and assets may substantially increase in value; that Wife may not be employed at various times in the future; that Husband may receive a substantial inheritance in the future; and that, notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for her support and maintenance provided for in this Paragraph are fair, just and reasonable, and will provide her with sufficient financial resources to maintain and support herself in accordance with the standard of living to which she is accustomed. Therefore, except for the payments made pursuant to this Agreement, and notwithstanding anything to the contrary contained in the Divorce Code, Wife does hereby expressly waive, discharge and release any and all rights and claims which she may have now or hereafter by reason of the parties' marriage to alimony, alimony 4 pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as husband and wife, and further waives, discharges and releases any right which she may hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to contribute to Wife's support and maintenance. Husband does hereby acknowledge that the current rate of inflation may change; that Wife's income and assets may substantially increase in value; that she may be employed at various times in the future; and that notwithstanding these or other economic circumstances which may be changes in circumstances of a substantial and continuing nature, the payments for Wife's support and maintenance which are required under this Paragraph are fair, just and reasonable. Therefore, except as set forth in this Agreement, Husband does hereby expressly waive, discharge and release any and all rights and claims which he may have now or hereafter by reason of the parties' marriage, to alimony, alimony pendente lite, support and/or maintenance or any other benefits resulting from the parties' status as wife and husband, and further waives, discharges and releases any and all rights which he may now or hereafter have to seek modification of the terms of this Paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of Husband's obligation to contribute to Wife's support and maintenance. This Agreement has been negotiated on the assumption that the alimony payments described in this Paragraph will be deductible by Husband and taxable to Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph, to the extent permitted by law, shall constitute 11 periodic" payments payable by reason of the "marital or family relationship" of the parties, as those terms are defined in Section 71 of the Internal Revenue Code of 1954, as amended, and accordingly that all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code of 1954, as amended, respectively. Wife must report payments received under this Paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect thereto. Wife and Husband represent and acknowledge that they each have sufficient property for her or his reasonable needs and are able to support herself or himself through appropriate employment and/or assets according to the standard of living which they are accustomed to and waive the right to receive further alimony. 5 8. AUTOMOBILES The parties were the owners of three automobiles at separation, a Kia driven by Husband, a 1998 Pontiac Grand Prix, driven by Wife, and a 1994 Buick, titled to Husband. The Kia shall be the property of Husband. The Pontiac shall be the property of Wife. The Buick shall be the property of Husband's daughter. The Kia is encumbered by a purchase money loan. The Pontiac and Buick are not encumbered by purchase money loans. Husband shall be responsible for the purchase money loan on the Kia. He agrees to indemnify and hold Wife harmless for that loan. Should any action be required to transfer title or other document of ownership, the parties will take steps to transfer and reflect ownership as soon as possible after the distribution date. Both parties agree to assume all responsibility and hold each other harmless for any and all liability, including insurance, costs and expenses associated with ownership of the above. The costs of any title transfers or fees shall be borne equally by the parties. Husband will also pay Wife's reasonable auto insurance premium until July 2011. This shall be considered equitable distribution and not alimony. 9. DIVISION OF REAL PROPERTY The parties did not own real estate. 10. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS ACCOUNTS At the time of separation, the parties were titled to the following retirement accounts. Composition of accounts (as of March 16, 2010) Husband: Pension/Retirement account: US Govt $ 2,800.00/mo (approx.) in payout. Wife: N/A. Wife shall not make a claim to a retirement or financial account of Husband. 11. MEDICAL INSURANCE 6 Neither party is required to maintain medical insurance coverage for the benefit of the other party following the entry of a Decree in Divorce. 12. MARITAL DEBTS (a) During the course of the marriage, the parties incurred no joint obligations. Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. (b) The parties have accumulated various debts during the marriage. Husband shall be solely responsible for the payment of any and all debt in his name. Wife shall be responsible for the payment of any and all debt in her name. Debts incurred solely in Husband's name: N/A. Wife: (c) Since separation, neither party has contracted for any debts, which the other will be responsible for and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. 13. FILING AND PAYMENT OF TAXES The parties agree to file separate income tax returns for the year a decree in divorce is entered. The parties represent that they have filed all income taxes for each year up to the year a Decree in Divorce is entered. The parties agree to indemnify and hold the other party harmless for any unfiled or due taxes individually. The parties shall file a separate income tax return for the years 2009 and 2010. 14. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and allow to be filed the 7 necessary documents to obtain a divorce under Section 3301(c) or 3301(d) of the Divorce Code. 15. DEATH PRIOR TO DIVORCE If either Husband or Wife dies before the entry of a final decree in divorce between the parties, this Agreement is deemed to survive the death, and the parties, heirs or assigns shall enter into the same status as after the Agreement was entered into. 16. INCORPORATION This agreement is to be incorporated for the purposes of enforcement, but not merged into any subsequent Decree in Divorce. 17. CONTINUED COOPERATION The parties agree that they will, after the execution of this Agreement, execute any and all written instruments, assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement or for seeking such other remedies or relief as may be available to him or her. 20. VOLUNTARY AGREEMENT The provisions of this Agreement are fully understood by both parties 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. 8 21. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 22. BINDING EFFECT This Agreement shall be binding upon the parties' heirs, successors and assigns. 23. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formalities 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. 24. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this Agreement are null and void and of no effect. 25. 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. 9 26. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding effect whatsoever in determining the rights or obligations of the parties. 27. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals the day and the year first written above. Gar G. Va sil, H sband Angel L. Vassil, Wife 10 Commonwealth of Pennsylvania : l : ss County of 6t/- ..?0?2 Wl? X)YVI PERSONALLY APPEARED BEFORE ME, this -& day of , 2010, a notary public, in and for the Commonwealth of Pennsylvania, Gary G. Vassil, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANtH Notarial Seal Hope A. Mattos, Notary Public Hampden Twp., Cumberland County My Commission Expires oct. 11, 2012 Meat , Pennsylvania Association of Notaries Commonwealth of Pen sylvania ss County of ? C> ?.. Notary Public , PERSONALLY APPEARED BEFORE ME, this )a- day ofAdg) / 2010, a notary public, in and for the Commonwealth of Pennsylva ia, Angel L. Vassil, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Sb%" a Nary PUM UM P*nrA fi Oatabilsrtd County silty com 1111" pae.10, 2012 EXHIBIT A PERSONAL PROPERTY TO BE DIVIDED BETWEEN THE PARTIES AS FOLLOWS 1. Kitchen - all to Angel 2. Living room - 2 couches to Gary 3. Bedroom - all to Angel 4. 2nd Bedroom - Computer/dresser to Gary 5. Bathroom - Angel 6. Family Room - TV to Gary 7. Bedroom 1 - Angel 8. Bedroom 2 - Gary 9. Kitchen downstairs - table to Gary 10. Garage - to Angel Gary G. Vassil Angel L. Vassil V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10-3039 NO. DIVORCE DECREE AND NOW, ~1~,/'~ ~ ~, ze ~ c , it is ordered and decreed that Gary G. Vassil plaintiff, and Angel L. Vassil 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 April19, 2010 is incorporated but not merged into this Decree. By the Court, 'J. q~2•lo ~,,r-~. copy ~ • ~ - l b /l~c~,' cam. CYtCaci (~c~ '~ ~~-. Trrt.v~s