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HomeMy WebLinkAbout04-5039 Douglas L. Walmer, Esquire Attorney LD.# 8973 I 114 West Chocolate Ave. Hershey, P A 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOYOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL Y ANIA vs. :NO. OLl - Sb39 CI"u~L ~~ YINCENT 1. BOYOSO, Defendant :CIYIL ACTION - LA W :DIYORCE 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 at One Courthouse Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PAl 70 13 (717)-249-3166 800-990-9 I 08 Douglas L. Walmer, Esquire Attorney 1.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalrner@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff vs. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA ;NO. 04 -..r63'[' c;~J 'L~ VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LAW :DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Christina A. Bovoso, currently residing at 1631 Harrisburg Avenue, Apartment A, Mount Joy, Lancaster County, Pennsylvania 17552 . 2. Defendant is Vincent J. Bovoso, currently residing at 19 West Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant are sui juris and Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on July 13, 2002, in Williamsport, Pennsylvania. Attached hereto and marked Exhibit "A" is a certified copy of the parties' certificate of marriage. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Solider's and Sailors Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The parties have not entered into a written agreement as to alimony or property division. 10. The Plaintiff and Defendant have no children together. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE II. Paragraphs I through 10 of this Complaint are incorporated herein by reference. 12. 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. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 13. Paragraphs I through 12 of this Complaint are incorporated herein by reference. 2 14. At the appropriate time, Plaintiff may submit an affidavit alIeging that the partied have lived separate and apart for at least two (2) years. WHEREFORE, PlaintiffrespectfulIy requests the Court to enter a Decree of Divorce, pursuant to Section 3301(d) of the Divorce Code, at the appropriate time. COUNT III REQUEST FOR EQUITABLE DISTRIUTION UNDER SECTION 3502 OF THE DIVORCE CODE 15. Paragraphs I through 14 of this Complaint are incorporated herein by reference. 16. During the marriage the parties acquired marital property, assets and debts. 17. Plaintiff and Defendant have been unable to agree as to an equitable distribution of the marital debt. WHEREFORE, PlaintiffrespectfulIy requests this Honorable Court to enter an Order distributing alI of the marital debt as the Court may deem equitable and just, plus costs. RespectfulIy submitted, ~&^-:2..~~ Douglas . Walmer, Esquire Attorney I.D.# 89731 114 West Chocolate Ave. Hershey, P A 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff 3 STATE OF PENNSYLVANIA} ... COUNTY OF L YCOMING l, ..............,.A.nuaa..l...M.i.ller...................................................,..........Clerk of the Orphans' Court in and for the County of Lycoming and State of Pennsylvania. do hereby certify, that I have examined the record of marriage licenses of which I am the proper eustodian. and find, that there was issued from this office on the...ll.t.h........day of,.......JuJ.;I.....,.,.........,.....A. 0...2.Q02 by..........,.Iillnit,D.g.l,.M),JJ.~.!:..",.................,.....,...,......,.... then derk of the said Court, a Marriage License, No..........l.4.l::-.9.:i,8.!t.5..............................in which the names of j".".......Jli.w;:.ent.,.J.............aO'li'os.o...........,..age..3L.... of ......,.M.i.l.t.QlJ..,..f.IL..........................................,..............,'..., a:::~::: sc:::~~:~s:::::.......,........age,2.L,.. of .......JIU...Q!h.,.f.A..............,..."........,.............,.......,..'''''..",." \ J FURnfER CERnFY that it is also a matter of record. by return of duplicate certificate that the parties named in said license, were on the.........l.1t.b............,.....day of ......,......h1JY..,............................,.,.....,..............., A. O. .......2.QD.2....................at..................JOlilliamalls:>.tJ;....l'lI..................,...,...................,.,duly united in marriage by "".....,...',...'" "....,....' ..,..,..,...........................Rey.er.(\lJ.d..J.Qhn...W.,...B,"'g.~~..................'....'......'... III T~ Wh.eof I hue hereunto set my hand and affixed the seal of the said Orphans' Court, this.....L?f!:t..............day of ......,..........J.u~y.............,................,...A. O. two thousand .,..,.............F.Oll.J:..............................,..........,.... ...........~....~.....,.......,., CIerIr OrpIw,o' Court ----_-...........-'""-,~_.~_.,.,_.,,-~. - VERIFICATION I, the undersigned, verifY that the statements set forth in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904, relating to unsworn falsification to authorities. DATED: q/O-I/O'/ &~ l /kV{)@ Christina A. Bovoso CERTIFICATE OF SERVICE I, Douglas 1. Walmer, Esquire, hereby certify that on the \~ day of Dc:..~....s- ,2004 a copy of the foregoing Complaint was served by certified mail, restricted delivery, return receipt requested and via first class mail upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Vincent J. Bovoso 19 West Main Street, Apt. 4 Mechanicsburg, PA 17055 ~~,,-":'t.Q.f1 . ~ Douglas L. Walmer, Esquire Attorney LD.# 89731 114 West Chocolate Ave. Hershey, P A 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff ~ r ~ ~ 'fQ.. ~ - ~ ~ !U ...0 "" ,~ - ~ (-" , ~" ) \) 0 -jl ., . ~J - ~ B If) - -..J ()I , I-_~} ~ VJ I (,I 1,-, - flt ~ . ",( <;A; l.J ., ""> (".J :.g ......... 3r: -.' f& Douglas L. Walmer, Esquire Attorney I.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 04-5039 CIVIL TERM VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LAW :DlVORCE AFFIDAVIT OF PROOF OF SERVICE Divorce Complaint COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN ss I, Douglas L. Walmer, Esquire, hereby swear or affirm that I sent a copy of the attached Complaint via certified mail, restricted delivery, return receipt requested and first class mail to Defendant Vincent J. Bovoso on October 1,2004. A copy ofthe signed return receipt evidencing service is also attached hereto. Sworn and subscribed before me this 1<(+" day of October, 2004. ~~7......;1;- ~..,c Signature of affiant (Douglas 1. Walmer) ~~ ~)>J Signature of lcial before whom affidavit was made -- ~_..~~~~._"~- ..----.. +.--- NOTARIAL SEhL CHERYL L, NEARHOOD, NOTARY PUBLIC DERRY TWP" COUNTY OF DAUPHIN MY COMMISSION EXPIRES DECEMBER 25, 2007 Title of official My commission expires on ,20__ Respllctfully submitted, Date; \(:)-\?- O'-\. S:r..;-~ ""t..~ Douglas . Walmer, Esquire Attomey 1.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone; (717) 533-8652 Fax; (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff Douglas L. Walmer, Esquire Attorney I.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. VINCENT 1. BOVOSO, Defendant :CIVIL ACTION - LA W :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 at One Courthous.e Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLA!:\l FOR .A.U:,'lO:"Y. DIVISIO?\' OF PROPERTY. LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR A)\I1\,rULMENT IS GRANTED. YOU MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PAl 70 13 (717)-249-3166 800-990-9108 Douglas L. Walmer, Esquire Attorney LD.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 doug1aswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff vs. :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :NO. VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LA W :DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christina A. Bovoso, currently residing at: 1631 Harrisburg A venue, Apartment A, Mount Joy, Lancaster County, Pennsylvania 17552 . 2. Defendant is Vincent J. Bovoso, currently residing at 19 West Main Street, Apartment 4, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant are sui juris and Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint 4. The parries are husband and wife and were lawfuJly married on July 13.2002. in \Villiamsport. Pennsylvania, Arrached hereto and marked Exhibit ".-\" is a certitIed copy of the parties' certificate of marriage. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the militarv or naval service of the United States or its allies within the provisions of the Solider's and Sailors Civil ReliefAcr of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. The parties have not entered into a written agreement as to alimony or property division. 10. The Plaintiff and Defendant have no children together. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE II. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference. 12. 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. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 13. Paragraphs I through 12 of this Complaint are incorporated herein by reference. 2 1-+. At the appropriate time. P!aintitI may submit an aftlda\'it alleging that the partied ha\'e lived separate and apart for at least 1\\'0 (2) years. WHEREFORE, PlaintitIrespectfi.1l1y requests the COllrt to enter a Decree of Divorce. pursuant to Section 3301(d) of the Dh'orce Code. at the appropriate time. COUNT III REQUEST FOR EQUITABLE DISTRIUTION UNDER SECTION 3502 OF THE DIVORCE CODE 15. Paragraphs I through 14 of this Complaint are incorporated herein by reference. 16. During the marriage the parties acquired marital property, assets and debts. 17. Plaintiff and Defendant have been unable to agree as to an equitable distribution of the marital debt. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order distributing all of the marital debt as the COLlrt may deem equitable and just, plus costs. Respectfully submitted, ~'Y:?--,-::z..Q........R - Douglas . Walmer, Esquire Attorney LD.# 8973 I 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff Exhibit "A" STATE OF PENNSYLVANIA} sa. COUNTY OF LYCOMING I, ........,.......A.rm.ab.el...M.ilJ.er..,.............,.,....,.......,...........................,..Clerk of the Orphana' Court in and for the County of Lycominll' and State of Pennaylvania, do h.reby certify, that I have examined the record of marriage licenses of whicb J am the proper custodian, and find, that there waa issued from this office nn the...ll.th........da y of........J,uli..,...,....,.......,...A. O...2.Q02. by ............I\..1;1,nAp.~l.J:!i,JJ.~,;;..,............., ...........,.........,. ,... th.n clerk of the said Court, a Marriage License, NO...n....,lAl::..9.5.ll.{f,5"....................,........in which the names of I., '" -.. ellt...J.ames...B.oJJ.oso..............age..3l...... of ........M.i.l.tQll~..,f.A............,.......,.....,..................._.....,........_, ............._~ I. nd ......,Chr.istina.A....Sea.ma.n.................ag..2.5.,..,.. of ........Mil.t.QJ1~...P.A.........,...... ...........,.............._...........,....,.... . app.ar .. the contracting parties. I FURTHER CERTIFY that it is also 9. matter of record, by r..turn of duplicate certificate that the parties nam.d in aaid Iic.nae, were on tbe.........l.1J;.b..................day of ............J.lLJy......................,.........................n...... A D 2,'002. .................at..................ll!illiam.s.llJ;>.J;J;.~..l'.A."............................n.............duly united in marriage bv . . ..._. o. . . . ...................................Rey.er.llll.ct..J.Qhn...W.,..,!&?&ls!l....._..............n.......,.., ............u....... ........... fa T.tu-y Whereof J bave hereunto set my hand and affixed tbe aeal of the said OrphlLDa' Court, this......!.~.!:h...n........day of .........,.......J.ul.y..........,.......................A. D. two thousand ..............,...Eo.t.Il:............................................... ,l:~i: .JPi~'r4~~;i'l1 .. ,,-- - ,~ 1""}'yJ.-d~A_ ...........l.<.Y.:!:v.r.:~................Jt.~?c........n......, Clerk Orphans' Court VERIFICATION I, the undersigned, verify that the statements set forth in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 1 S Pa.C.S. S 4904, relating to unsworn falsification to authorities. DATED: q/~/oLj . . a~;;;Qc. ), ibvogtJ Christina A. Bovoso CERTIFICA TE OF SERVICE 1, Douglas L. Walmer, Esquire, hereby certifY that on the \~ day of Dc.. ~<U'" ,2004 a copy of the foregoing Complaint was served by certified mai!, restricted delivery, return receipt requested and via first c:lass mail upon the person named below, in accordance with the applicable rules of procedure, addressed as follows: Vincent J. Bovoso 19 West Main Street, Apt. 4 Mechanicsburg, P A 17055 =--. l)' ,'7. .... -:-t g ...0 ~ . Douglas 1. Walmer, Esquire Attorney 1,0.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff r~n~ r--n..--- () c -~ . ,,~\ c: c: ..<: ~ I~,_. .' Douglas L. Walmer, Esquire Attorney 1,D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL NIA vs. :NO. 04-5039 CIVIL TERM VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LAW : DlVORCE AFFIDAVIT OF CONSENT I. A Complaint in divorce under S3301(c) and 3301 (d) of the Divorce Code was filed on October 5, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. S 4904 relating to unsworn falsification to authorities. Date: '1/ sh ~ I I 1596 Christina A. Bovoso (2 ,....> Q, = >:-.::.:> Cfl ,.-- ; 'Y'"' ~ :C...... --,) r<1f-] ';>? ~"'lrr\ t"-> '( CJ ;~)~~:\ ~?-: ~'" ~:''-:-lrn, ,,-0 :~~ :.::1 ;::- :.;.1 /' ....:: '. - Douglas 1. Walmer, Esquire Attorney 1.D.# 89731 114 West Chocolate Ave. Hershey, P A 17033 Telephone: (717) 533-8652 Fax: (717) 533-122g douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL ANIA vs. :NO. 04.5039 CIVIL TERM VINCENT 1. BOVOSO, Defendant :CIVIL ACTION - LA W : DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. . 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 4/ '5 / t1!: , I /J-oy-tf .YtJ Christina A. Bovoso (J C' f'--> ~ ,~.:'l Cl"l J-- ~:J ::,,~'j f'..'J C1 \0 o 'n -I -,- h'i~1 ril i..::;l ~-) ., '-)1 (,-,:; rn . Douglas 1. Walmer, Esquire Attorney I.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswaImer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL ANIA vs. :NO. 04-5039 CIVIL TERM VINCENT 1. BOVOSO, Defendant :CIVIL ACTION - LA W :DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in divorce under S3301(c) and 3301 (d) of the Divorce Code was filed on October 5, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. 4904 relating to unsworn falsification to authorities. Date: ~ If/ t?S- , ., () (^. ;:.r' ", c:> ~~F. o -n .-1 ::2:~ r~:.~~ \;~~ '~~~ --,'I (-~F/l ~::'l ~.1 --"... ? " :;.V N o '-;? . Douglas 1. Walmer, Esquire Attorney LD.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL ANIA vs. :NO. 04-5039 CIVIL TERM VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LA W :DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: Yj 5"' /~ 5" (") ...> = C',) t:). ;C'" ~} :;0 r-,.) CJ o -n .-l ~?J r',-: ) ~'"'\ " (z~ ~'::-::-,nl ~,:;~: ""'L', ::.,.::.:; ,-0 ,- ,- MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT. madc this s't\... day of I?\~..,\ .2005. yand between Christina A. Bovoso (hereinaticr called "Wife") and Vincent.l. Bovoso (hereinati called "Husband"). WITNESSETI I: WHEREAS, Husband and Wife were marricd on July 13,2002; and WHEREAS. no children were born of the marriage: and WHEREAS, ditl'ercnces have arisen bctween Husband and Wife in consequence of which they havc been separatc from each other; and WHEREAS, neither Husband nor Wife owned any real estate during the marriage; WHEREAS, thc parties hereto dcsire to fix and determine by this Marital Settlemcl t Agreement thc rights and claims that have accrued to each of them in the estate and real an personal property of the othcr by reason of the marriage. and all economic rights of every k nd and description arising from the marital relationship. including but not limited to debt, pres nt and future rights of inhcritance, support. maintenance, alimony, payment of counsel fees a equitable distribution and to acccpt the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in urther consideration ofthc mutual promises and undertakings hereinaticr sct forth, each intendin< to be legally bound hereby, the parties agree as t(,llows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to Ii e separate and apart ti'om the other party at such place as he or shc may trom time to time ch ose . ". or deem fit. The foregoing provisions shall not be taken as an admission on the part of eit er party of the lawfulness or unlavvtlllness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference. authority a1d 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. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the ate of separation she has not incuned, and in the future she will not contract or incur, any debts 0 liability for which Husband or his estate might be responsible and shall indemnify and say harmless Husband from any and all claims or demands made against him by reason of debt or obligmions incurred by her. Any and allloal1s, and/or debts and charge accounts presently n Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, an Wife agrees to indemnify and save harmless Husband from any loss he may sustain, includ' g attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, an debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans. and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment ther of, 2 and Husband agrees to indemnify and sa\'e harmless Wife from any loss she may sustain. induding attorney fees. as a result of any default in payment by Husband. 5, CASH PAYMENT, Husband in consideration of certain debts which wer incurred by the parties during the course of the marriage. agrees to pay wife a cash payme t of $1,382.00 which shall be made within 45 days of signing of this agreement. 6. PAYMENT OF SPECIFIC OBLIGATIONS. The parties agree to the following regarding certain other joint marital obligations, which shall be paid by the folIo mg persons: A. Wife 1. All debts incun'ed by wife since the party's separation. 2. All debt owed to wife's mother pertaining to a personal loan for the parties' weddin 3. 55% of a debt owed to wife's father pertaining to a personal loan for miscellaneous terns. 4. In consideration of the cash payment in Paragraph 5 herein, full amount of the folIo ing debts: a) Capital One FSB Account# 438864 I 8XXXX b) AT&T Wireless Service Account# 1030000260128XXXX c) ANB/Texaco Account# 129892XXXX d) Verizon Account# 420787XXXX e) Verizon Account# 3823XXXX B. Husband I. All debts incurred by husband since the party's separation. 2. All debt owed to wife's mother pertaining to a personal car loan. 3. 45% of the debt owed to wife's father pertaining to a personal loan for miscellaneou items. , ) The parties agree to execute any and all documents necessary to gi\'e this paragrap full force and effect. The parties further agree that they will equally bear the costs of any mari al debt or other debt obtained in contemplation of the marriage which is not known at the ti e of the execution of this Agreement or may be inadvertently omitted herein. 7. EOUlT ABLE DISTRIBUTION. Husband and Wife acknowledge and a 'ee that the provisions of this Agreement with respect to the distribution and division of mar it I and separate property are fair, equitable and satisfactory to them based on the length of their 111 rriage and other relevant factors which have been taken into consideration by the pariies. Both p liies hereby accept the provisions of this Agreement with respect to division of propeliy in lieu f and in full and final settlement and satisfaction of all claims and demands that they may now h 'e or hereafter have against the other for the equitable distribution of their property by any cOllli f competent jurisdiction pursuant to Section 3502 of the Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a co t ordered determination and distribution of marital property, but nothing herein contained sh constitute a waiver by either party of any rights to seek the relief of any court for the purpos of enforcing the provisions of this Agreement. 8. DIVISION OF PERSONAL PROPERTY ACCOUNTS AND VEHICL S. The parties have divided between them, to their mutual satisfaction. the personal effects, ba k accounts, household furniture and furnishings and all other articles of personal property whi h have heretofore been used by them in common. All assets including but not limited to savin s 4 '. accounts. checking accounts, certificates of deposits. and life insurance policies shaH rem in the sole and separate property of the titleholder of said asset as of the date of this Agreement. The parties expressly agree that 'v'/ife shaH be entitled to exclusive ownership ofth 2001 Chevrolet Cavalier automobile in her possession. and that Husband shaH relinquish any a aH interest he may have in same. Wife agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify an save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this paragraph full force and effect, upon request. 9. NON TAXABLE SALE OR EXCHANGE OF PROPERTY The parties believe and agree, that the division of property hereto made by this agre ment is a non-taxable sale or exchange of property. 10. AFTER ACOUlRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or righ of the other, all items of personal property, tangible or intangible, acquired after the date of separation with full power to him or her to dispose of the same as fully and effectively, and II respects and for all purposes, as though he or she were unmarried. 11. PENSIONS AND EMPLOYMENT BENEFITS. It is specifically agreed t at Husband and Wife shall forever relinquish to the other his or her right, title and interest to an ' 5 contributory and non-contributory interest to any pension plan. profit sharing plan. saying plan, thrift plan, stock ownership plan, and any other employee benefit of present or fanner employers. This provision shall also include any 401K, COli.. SEPA. or IRA. accounts, or deferred atmuity accounts. The parties agree to execute any and all documentation necess ry to effectuate the terms herein contained. 12. ALIMONY. Both parties agree to make no claim for spousal support, alii alimony pendente lite or at any future time, or in connection with the pending divorce acti between the parties. 13. COUNSEL FEES. Husband and Wife agree to be solely responsible for th ir respective attorney fees in connection with this Agreement Hnd the pending divorce action between the parties. 14. TAX OBLIGATIONS. To the extent that any obligations remain due in 0 ing as a result of past filing of joint tax returns, husband and wife agree to assume equalliabilit for same. Husband and wife agree to claim fifty percent each of any refund due from the past s te or federal joint income tax returns. 15. FINANCIAL DISCLOSURE. The pm1ies have disclosed to each other and hey are aware of the extent of each other's income, assets, liabilities. holdings and estates. Husb nd and Wife confirm that by executing this agreement each forever waives any future right to se aside said Agreement, or to defend against its enforcement or any p0l1ion thereof based upon the 6 absence of such a disclosure by the other party. or based upon any claim that it is inequita Ie. unconscionable or does not make a reasonable provision for one or the other of them. 16. SUBSE~UENT DIVORCE. Nothing herein contained shall be deemed t prevent either of the parties from maintaining a suit for absolute divorce against the other n any jurisdiction, or to bar the other from demanding any such suit. 17. NO-F AUL T DIVORCE. Both parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they b th consent to the entry of a decree and divorce pursuant to Section 3301 (c) of the Divorce Co e. Accordingly, both parties are agree to execute an Affidavit of Consent and Waiver ofNoti e of Intention to Request EntJy of a Divorce Decree and other documents as may be necessary to promptly facilitate entry of a divorce decree pursuant to Section 3301 (c) of the Divorce C de. Said consent and waiver to be executed no sooner than ninety (90) days from the date of se vice of the divorce complaint instituted by Wife, at No. 04-5039, in the Court of Common Plea of Cumberland County, Pennsylvania. 18. BREACH. If either party breaches any provision of this agreement, the oth r party shall have the right at his or her election, to sue for damages for such breech, and the arty breaching this contract shall be responsible for payment of attorney fees and costs incurred y the other in enforcing their rights under this agreement, or seek such other remedies or relie as may be available to him or her respectively. 7 19. ADDITIONAL INSTRl1:VIENTS, Each of the parties shall from time to ime, at the request of the other. execute, acknowledge. and deliver to the other party any and all ' rther instruments. including deeds and other real estate-related documents. titles. pension docUl ents. or other documents that may be reasonably required to give full force and etfect to the pro 'isions of this Agreement. 20. VOLUNTARY EXECUTION, The provisions of this Agreement and the l' legal effect have been fully explained to Wife by Douglas L. Walmer, Esquire, attorney for Wifi , and each party acknowledges that the Agreement is fair and equitable, that full disclosure has en made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they ave been furnished with all information relating to the financial atlilirs of the other, which has een requested by them respectively. Husband is not represented by counsel and understands th t Douglas L. Walmer, Esquire represents his Wife solely. Husband has been advised of his r ght to retain independent legal counsel to advise him concerning this Agreement and the pendi g divorce action between the parties, and acknowledges that he has waived such right. 21. WAIVER OF CLAIMS AGAINST ESTATE. 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 or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other a a result of the marital relationship, including. without limitation. dower, curtesy, statutory allowance, widow's allowance, right to take propeny against the Will of the other, and the ri ht 8 to act as administrator or executor of the other's estate. and each will. at the request ofth other, execute, acknowledge and deliver any and all instruments which may be necessary or adv' able to carry into effect this mutual waiver and relinquishment of all such interest. rights and c ims. 22. MUTUAL RELEASE. Mutual release subject to the provisions ofthis agreement, each party has released and discharged, and by this agreement does for himsel or herself, and his or her heirs, legal representatives, executors, administrators and assigns, re ease and discharge the other of and from all causes or action, claims, rights, or damages, whats ever in law or equity, which either of the parties ever had or now have against the other, except ny or all cause or causes of action for divorce and except any or all causes of action for breach 0 any provision of this Agreement. 23. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators legal representatives and assigns, This Agreement shall survive a decree of divorce betwee the parties in any jurisdiction and any other order which may be entered in accordance with thi Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas f Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is specifically agree between the parties that this Agreement sh II not be merged into such decree. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equit ble distribution, counsel fees. costs, maintenance of insurance. equitable relief or property settle ent 9 . " or with regard to any other provision hereof. In the event that any final order of court is e tered in any jurisdiction with respect to the parties hereto which is contrary to the provisions he eof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjust to the extent necessary to conform to this Agreement. 24. ENTIRE AGREEMENT. This Agreement contains the entire understand ng of the parties, and there are no representations, warranties, covenants or undertakings other t n those expressly set forth herein. 25. MODIFICATION AND WAIVER. A modification or waiver of any oft provisions of this Agreement shall be effective only ifmade in writing and executed with tl e same formality as this Agreement. The failure of either party to insist upon strict performa ce of any of the provisions of this Agreement, shall not be construed as a waiver or any subseque t default of the same or similar nature. 26. DESCRIPTIVE HEADINGS. The descriptive headings used herein are fo convenience only. They shall have no effect whatsoever in determining the rights or obligat ons of the parties. 27. INDEPENDENT COVENANTS. It is specifically understood and agreed both the parties that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 10 '. 28. SURVIVAL. If any term. condition. clause. or provision of this agreeme t shall be determined or declared to be void or invalid in law or otherwise. than only at that te condition, clause. or provision shall be stricken from this agreement and in all other resp cts, this agreement shall be valid and then continued in force. effect and operation. 29. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agr ement is IRREVOCABLE and that such division-distribution shall not be affected by any future hange in the circumstances of the respective parties OR by other statutory or judicial alternative which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the arties hereby waive any respective rights to financial support and/or alimony and/or pension or lture expectancies each may respectively have under prior, current or future laws or case decisi ns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the ay and year first above written. WITNESS: S~~ S~ tfl-{J~6W (SEAL) ~~ t ~ c65Vapu (SEAL) 11 o ....> = ,~:,:'.:;r c.""' ~ .\ -< ? -;.<) ('.> CJ .,-:').> ,.,..... .,;.'~ \.'0 :;:- - . Douglas 1. Walmer, Esquire Attorney I.D.# 89731 114 West Chocolate Ave. Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Attorney for Plaintiff CHRISTINA A. BOVOSO, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL NIA vs. :NO. 04-5039 CIVIL TERM VINCENT J. BOVOSO, Defendant :CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for ent of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c). 2. Date and manner of service of the complaint: First class mail and certified mail, return receipt requested, restricted delivery, No. 7003 1010 0000 6250 2092, mailed on October 1,2004 and received on October 13, 2004. 3. Date of execution ofthe affidavit required by S3301(c) of the Divorce Code: by plaintiff April 5, 2005; by defendant April 5, 2005 4. Related claims pending: None . . 5. Date plaintiffs Waiver of Notice was filed with the Prothonotary: April J..:., 20 5 Date defendant's Waiver of Notice was filed with the Prothonotary: April ~, 2 05 Respectfully submitted: Date: ~b.e\c:::.S" --z.... ?v-eJ' Douglas 1. almer, Esquire Attorney LD.# 89731 114 West Chocolate Avenue Hershey, PA 17033 Telephone: (717) 533-8652 Fax: (717) 533-1228 douglaswalmer@netzero.com Altorney for Plaintiff n C'. ....> = ~~~ .",. :'::'0 ~J r....) CJ ',' -. ~, -.';:.: o 'T1 :;:I-n r~i,f; , -T, ~- -\ ~ ';:~ f,'~ , , ""-! \9 .::- -'I"J :-<. ~++++++~+~+++~+++++++++++++++++++++++++++++++++++++++++++~+++++++++++++++~ + + + + + + + + + + + + + + + + + + CIVIL TERM : + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ +H + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + i + , ARE DIVORCED FROM THE BONDS OF MATRIMONY. Plaintiff and Defendant's :Ma~ital ~ettlement ~greement dated AprilS, 2005 is hereby incorporated, but not + e~ged~ lnto this Dlvorce Decree. : I THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + . + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CHRISTINA A, BOVOSO Plaintiff No. 04-5039 VERSUS VINCENT J" BOVOSO Defendant DECREE IN DIVORCE AND NOW, ~ &f ).'3o;.M . ).7 2005 IT IS ORDERED AND --' DECREED THAT Christina A" Bovoso , PLAINTIFF, AND Vincent J" Bovoso , DEFENDANT, BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; -p-' By T Anm{!~ PROTHONOTARY J. /.~cv .~7 l}rt7 2: . .t' /"'iJ'1--1Mf /";;1...., iZ. /"7;,J?Y"':- 41/ ;/?70 ? . V "'; .. ~/~ . .> ' 'i?'/- rs ~ (' '.;~