HomeMy WebLinkAbout05-0548
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. ()5'~ {t;~ UuJ
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
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 tilat 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
otiler relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you.
Wilen the grounds 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 tile Cumberland County Court House, 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 ASSISTANCE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A WOJCIECHOWSKI,
Plaintiff
NO.
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USED HA SlDO DEMANDADO EN LA CORTE. Si desea defederse de las
quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa
que si not se defiende, el cas 0 puede proceder sin usted y decreta de divorcio 0
anulamiento puede ser emitido en su contra par la Corte. Una decision puede tambien ser
emitida en su contra por cualquier otra queja 0 compensacion reclamados par el
demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para
listed.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del
matrimonio, listed puede solicitar consejo matrimonial. Una lista de consejeros
matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County
COllrt House, Carlisle, Pennsylvania 17013
Sl USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD
MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL
DECRETO FINAL DE DlVORCIO 0 ANULAMIENTO SEA EMITIDO, USED
PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. Sl
NO TlENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telefano: (717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A WOJCIECHOWSKI,
Plaintiff
NO.
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
Patricia A Wojciechowski, being duly sworn according to law, deposes and says
I. I have been advised of the availability of marriage counseling and understand tl1at I may
request that the court require that my spouse and I participate in counseling.
2 I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Date:
1-;) 6 - (15
ktlkM(J (4/l:"~
Patricia A Wojciec OWSkl
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRlCIA A. WOJCIECHOWSKI,
Plaintiff
NO.
vs.
CIVIL ACTION. LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, this 26th day of January, 2005 , comes the Plaintiff, Patricia A
Wojciechowski, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick
O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is
a statement:
I. Tile Plaintifl:: Patricia A. Wojciechowski, is an adult individual who currently
resides at 316 Walnut Street, Lemoyne, Cumberland County, Pennsylvania] 7043.
2. The Defendant, Bernard R. Wojciechowski, is an adult individual who currently
resides at 316 Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043.
3 The Plaintiff and Defendant were married on or about May 30, 1970, and
separated on or about January 26,2005.
4 Tile Defendant has been a bona fide resident of the Commonwealtl1 of
Pennsylvania for at least six (6) months immediately previous to the filing of this
Complaint
5. There have been no prior actions of divorce or annulment between the parties.
6. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling.
7. Botl1 the Plaintiff and Defendant are sui juris and are citizens of the United States.
8. Tile Plaintiff avers as the grounds upon which this action is based is that the
marriage between the parties hereto is irretrievably broken.
WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree
divorcing tile Plaintiff and Defendant absolutely
Respectfully submitted,
H~~!/p~
/G. Patrick 0' onnor, Esquire
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 737-7760
ID No. 64720
Attorney for the Plaintiff
VERIFICATION
I, PATRICIA A. WOJCIECHOWSKI, state that I am the PLAINTIFF in the
above.captioned case and that the facts set forth in the foregoing are true and correct to
the best of my knowledge, information, and belief. I realize that false statements herein
are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec.
4904.
Date:
/-Jf -05
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Patricia A. Wojciechowski
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A WOJCIECHOWSKI,
Plaintiff
NO. 05-548
vs
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Bernard R. Wojciechowski, Defendant herein, do depose and say that I
personally received and accepted service of a true and correct copy of the Complaint in
Divorce and Notice to Defend and Claim Rights in tile above captioned action on the
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J ::--- day of r.e.o;:2tf/9/2./, ~~nd I accept same by my signing below.
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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 ] 8 Pa C S
~4904 relating to unsworn falsification to authorities
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. 05-548 Civil
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DNORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 31, 2005.
2. The marriage of 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 s,:rvice 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: 1- d. 3-05
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. 05-548 CIVIL
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 31, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service ofthe 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 !lffidavit are I:rue 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: ~// via s
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Bernard R. Wojci owski, Defendant
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYL VANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. 05-548 Civil
vs.
CNIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A 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,
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 the foregoing 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: 7- ;(3-05'
L/A?W~
Patricia A. Wojciechowski, Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. 05-548 CIVIL
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
I. 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 the foregoing 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: 7 ~ 0' s~
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Bernard R. Wojc' c owski, Defendant
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
'IL /~
THIS AGREEMENT made and entered into the L:/ day of ( ~1
fj (j
2005, by and between PATRICIA A. WOJCIECHOWSKI, of Cumberland County,
Pennsylvania, party of the first part, hereinafter referred to as "Wife," and BERNARD ROo
WOJCIECHOWSKI, of Cumberland County, Pennsylvania, party of the second part,
hereinafter referred to as "Husband."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on May
30, 1970, and separated on January 26,2005;
WHEREAS, certain differences have arisen between the parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural Ii ves; and
WHEREAS, the parties desire to confirm their separation and desire to enter into
an agreement for the final settlement of their property and affairs; and
WHEREAS, the parties intend to dissolve their marital status by means of a
divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the foregoing and in further
consideration of the covenants and promises hereinafter mutually to be kept and
performed by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
1. SEPARATION. It shall be lawful for each party at all times hereafter to live
separate and apart from the other party, at such placl~ or places as he or she from
time to time may choose or deem fit.
2. NONINTERFERENCE. Each party shall be free from interference,
authority and control, direct or indirect, by the other in all respects as fully as ifhe
or she were single and unmarried. Each may, for his or her separate use or
benefit, conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Neither party shall molest,
harass, disturb or malign the other or the family of said other, nor compel or
attempt to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in
the estate of Wife, and Wife relinquishes her inchoat(: intestate right in the estate
of Husband, and each of the parties hereto by these presents, for himself or
herself, his or her heirs, executors, administrators or assigns, does remise, release,
quitclaim, and forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and all claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matte'r or thing done, omitted, or
suffered to be done by said party prior to and including the date hereof; except
that this release shall in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
2
shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. FINANCIAL DISCLOSURE. The parties waive their rights to require the
filing of financial statements by the other, although the parties have been advised
by their respective attorneys that it is their legal right to have these disclosures
made prior to entering into this Agreement and by entering into this Agreement
without reliance upon financial disclosure, the parties are forever waiving their
right to request or use that as a basis to overturn this Agreement or any part
thereof.
5. EOUlTABLE DISTRIBUTION OF MARITAL PROPERTY. The parties
have attempted to distribute their marital property in a manner which confol1Us to
the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The
division of existing marital property is not intended by the parties to constitute in
any way a sale or exchange of assets. The division of property under this
Agreement shall be in full satisfaction of all marital rights of the parties.
A. MARITAL RESIDENCE. The parties are the owners of a
certain tract of improved real estate known and numbered as 316 Walnut
Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter
"the Real Estate") having a market value of b(tween $140,000.00 and
$150,000.00 and which was encumbered by a mortgage loan of between
$50,000.00 and $60,000.00 (hereinafter "the Mortgage") at the time of
separation. Husband shall retain sole possession and ownership of the
3
Real Estate. In consideration, Husband has refinanced the Real Estate, and
paid off the remaining balance owed for Wife's automobile, and provided
Wife with the sum often thousand dollars ($10,000.00). Husband shall be
and remain responsible for all expenses relatl~d to ownership and
maintenance of the Real Estate. At such time as Husband requests, Wife
shall execute a special warranty deed conveying title in the Real Estate to
Husband. Liens. Husband shall take the Real Estate subject to all liens or
encumbrances that may exist and shall be sol,~ly responsible therefore.
Husband further agrees to indemnify, protect and save Wife harmless from
said liens or encumbrances. Waiver. Wife does specifically waive,
release, renounce and forever abandon whatever right, title and interest she
may have in the Real Estate and agrees that the Real Estate shall become
the sole and separate property of Husband pursuant to the terms of this
Paragraph.
B. RETIREMENT ACCOUNTS AND PENSION PLANS
AND LIFE INSURANCE POLICIES. Husband has a pension, a thrift
savings plan and a life insurance policy througl1 his employment with the
U.S. Navy. Likewise, Wife has a pension, thrift savings plan and life
insurance policy through her employment with the U.S. Army. Each of
the parties hereby agrees, so long as neither one of the parties remarries, to
maintain the other party as beneficiary on his or her pension, thrift savings
plan and life insutance policy so that the other party remains entitled to
4
receive death benefits only. All other benefits and entitlements are hereby
waived. Should either party remarry, both parties may remove the other as
beneficiary at that time. If either party withdraws any sums from the
Retirement Plans distributed to him or her pursuant to the terms of this
Paragraph, that party shall be solely liable for any and all taxes and
penalties resulting from that withdtawal.
C. MOTOR VEIDCLES. With respect to the motor vehicles
owned by one or both of the parties, the parti,es agree as follows: Wife's
Vehicle. Wife shall retain her 2004 Toyota Canuy and it shall be her sole
and separate property. At such time as Wife requests, Husband shall
transfer title of said vehicle to Wife. Husband's Vehicle. Husband shall
retain his Ford Ranger pick -up truck and it shall be his sole and separate
property. Wife shall transfer title to Husband at such time as it is
requested by Husband. Liens. Husband shall take said vehicle subject to
all liens and/or encumbrances, and shall be solely responsible therefor.
Husband further agrees to indemnify, protect ,md save Wife harmless from
said liens or encumbrances. Waiver. Each of the parties hereto does
specifically waive, release, renounce and forever abandon whatever right,
title and interest he or she may have in the vehicle that shall become the
sole and separate property of the other party pmsuant to the terms of this
Paragraph.
5
D. DISTRIBUTION OF CASH ASSETS. STOCKS AND
BONDS. Checkinl!: and Savinl!:s Account. The parties had cash assets
which included Husband's checking and savings accounts containing
approximately $2,000 and Wife's checking and savings accounts
containing approximately $1,000 at the time of separation. The parties
agree that the funds in said accounts have be,m distributed to their mutual
satisfaction, and each party has received the share of funds from said
accounts that meets with his or her satisfaction. Hershev Foods
Corporation Stock. The parties own jointly ten (10) shares of common
stock of Hershey Food Corporation. The parties agree that Husband shall
be and remain the sole owner of all ten (10) sl1ares of said common stock.
Wife shall transfer her shares of said common stock at such time as
Husband shall request. Other Cash & Stock. Accounts. The parties
further agree that they shall retain as their respective sole and separate
property any other depository or brokerage ac'~ounts, stocks, or bonds held
in their respective individual names, except any such funds or accounts
otherwise designated in this Agreement.
E. FLORIDA TIME SHARE. At the time of separation, the
parties owned title to a time share condominium in Orlando, Florida. Said
time share was unencumbered by any loans and was worth approximately
$4,500.00. The parties agree to transfer ownership of said time share to
their daughter, Laura Lawler.
6
F. HOUSEHOLD FURNISHINGS & PERSONAL EFFECTS.
At the time of separation, the parties owned various household goods,
furniture, furnishings, personal possessions ~md personal effects located in
the marital home. Husband and Wife have divided the household goods,
contents, furniture and furnishings from the family residence to the
satisfaction of each party. Among the items that shall be and remain the
property of Wife are the following:
Bedroom suit, bedding and area rugs
Small secretary desk
Display cabinets
House wall hangings
All personal collectibles
All personal clothing
Office chair & table
Compaq computer, printer & digital camera
Small TV
One-half of all small appliances
Seashell lamp
Small tool box
Bossons heads
One-half of all other household items
7
Husband relinquishes and disclaims lmy and all ownership, right,
title and interest to the above items and all olher items in the possession of
Wife and agrees that Wife shall be and remain the sole and separate owner
of same. Wife relinquishes and disclaims any and all ownership, right, title
and interest to items in the possession of Husband, except for the items
specified above and Wife and agrees that Husband shall be and remain the
sole and separate owner of same;
6. COUNSEL FEES AND COSTS. The parties he:reto acknowledge that certain
marital assets were used to pay certain counsel fees by agreement of the parties.
Each party agrees to take complete responsibility for his or her own future
attorney's fees, costs and expenses incurred with respect to the negotiation of this
property settlement agreement and the divorce proceeding related thereto. Each
party hereby waives any right and/or claim he or she may have, now or in the
future, against the other for counsel fees, costs and expenses.
7. DEBTS. Marital Credit Card Debt. During the course of the marriage,
Husband and Wife have incurred certain bills and obligations, including one
credit card debt with a balance of approximately four thousand dollars
($4,000.00). It is agreed that Husband shall not use said credit card to make any
future purchases or cash advances, and shall payoff the existing credit card debt,
in its entirety, within a reasonable time, along with all interest and penalties that
may accrue in the future. Husband hereby covenants and agrees to indemnifY
Wife and save her harmless from all liability or claim on account of said credit
8
card debt. Other Marital Debt. In the event of the existence of marital debt
other than said credit card debt, it is hereby agreed, without ascertaining for what
purpose and to whose use each of the Marital Debts were incurred, that Husband
shall pay all debts that he has made in his name and that Wife shall pay all debts
that she had made in her name, except as otherwise provided in this Agreement.
General Provisions. Any debt herein described shall be deemed to include the
current balance owed on the debt. Unless otherwise: specifically provided herein,
there shall be no adjustment for the payment of any portion of the marital debts
that a party may have made prior to the execution ofthis Agreement, whether or
not that debt is specifically referenced in this Paragraph.
8. ALIMONY. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE. The
parties acknowledge that each has income and assets satisfactory to meet his or
her own reasonable needs. Each party waives any claim he or she may have
against the other for alimony, spousal support or alimony pendente lite.
9. INCOME TAX RETURN. In the event that any federal income tax is owed
for any years in which a joint federal income tax retum was filed prior to the
execution of this Agreement, the parties hereby agree that each shall pay fifty
percent (50%) of the amount owed. In the event that any federal income tax
refund is due for any years in which a joint federal im:ome tax return was filed
prior to the execution of this Agreement, the parties hereby agree that each shall
be entitled to an amount equal to fifty percent (50%) of the total refund due.
9
10. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided
in Paragraph 7, above, each of the parties hereto covenants and agrees to assume
full responsibility for and to pay all debts and obligations of whatsoever kind or
nature incurred individually by that party prior to the: day and date of this
Agreement, and each ofthe parties hereto hereby covenants and agrees to
indemnifY the other party and save him or her harmltlss from all liability or claim
on account of said debts and obligations from and aBter the date hereof.
11. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may
hereafter own and enjoy, independently of any claims or rights of the other, all
items of personal and real property, tangible or intangible, hereafter acquired by
him or her, 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.
12. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each h!lve certain possible fiscal rights, including but not
limited to the following: spousal support, alimony p,endente lite in the event of a
divorce, permanent alimony subsequent to a divorce, recovery of counsel fees,
costs and expenses in the event of a divorce, and equitable distribution of marital
property. It is the intention of the parties hereto that all ofthe foregoing rights and
remedies, with the exception of those otherwise provided in this Agreement, are
hereby waived and forever released and that this Agre'ement shall have the effect
of a final Order of Court relieving each party of the obligation to the other for any
and all of the foregoing possible rights and remedies. The parties have effected
10
an equitable distribution of their marital property and neither will seek further
distribution by any action at law or in equity.
13. EFFECT OF DIVORCE DECREE. The parties covenant and agree that
unless otherwise specifically provided herein, this Agreement shall continue in
full force and effect after such time as a final decree: in divorce may be entered
with respect to the parties. Should a decree, judgm~~nt or order of separation or
divorce be obtained by either of the parties in this 01' any other state, country or
jurisdiction, each of the parties hereby consents and agrees that this Agreement
and all of its covenants shall not be affected in any way by any such separation or
divorce; and that nothing in any such decree, judgment, order or further
modification or revision thereof shall alter, amend 01' vary any term of this
Agreement, whether or not either or both of the parties shall remarry or
cohabitate, it being understood by and between the parties hereto that this
Agreement shall be incorporated in but shall not be merged into a decree,
judgment, or order of divorce or separation. It is spe(:ifically agreed, however,
that a copy of this Agreement or the substance of the provisions thereof shall be
incorporated by reference into any divorce, judgment or decree. This
incorporation, however, shall not be regarded as a merger, it being the specific
intent of the parties to permit this Agreement to survive any judgment and to be
forever binding and conclusive upon the parties.
14, INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby
covenants and agrees with the other party not to make, incur or attempt to make or
II
incur any debt or obligation for or on behalf of the other party hereto, or for which
the other party may be held liable, from and after th(~ date hereof, and each of the
parties hereto hereby covenants and agrees to indemllify the other party and save
him or her harmless from all liability or claim on acc:ount of said debt or
obligations from and after the date hereof.
15. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time,
at the request of the other party, execute, acknowledge and deliver unto said other
party any and all further documents or instruments which may be reasonably
required to give full force and effect to the terms and provisions of this
Agreement.
16. DIVORCE. This Agreement shall not be construed to affect or bar the right
of either Husband or Wife to an absolute divorce on I,egal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part of the other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divorce pursuant to Section 3301((:) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
both parties agree to execute and file the appropriate alffidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
17. BANKRUPTCY. The parties further warrant that they have not heretofore
instituted any proceedings pursuant to the bankruptcy laws nor are there any such
12
proceedings pending with respect to them which have been initiated by others. It
is stipulated and agreed by the parties that the terms of this Agreement as they
resolve the economic issues between the parties incidental to their divorce and the
obligations ofthe parties to each other resulting therdor shall not be dischargable
in bankruptcy, should either party file for protection under the Bankruptcy Code at
any time after the date of execution of this Agreement.
18. SEVERABILITY. The waiver of any term, condition, clause or provision of
this Agreement shall in no way be deemed or consid{:red a waiver of any other
term, condition, clause or provision of this Agreement, and if any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, all other provisions shall nevertheless continue to be in full force and
effect.
19. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incurred to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach, the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
20. LAW OF PENNSYL VANIA APPLICABLE. Both parties covenant and
agree that they have had ample and sufficient time to carefully and fully review
the terms and provisions of this Agreement and to seek and obtain the advice and
counsel of an attorney with respect to the same. Wife has engaged the services of
13
G. Patrick O'Connor, Esquire, and Husband has engaged the services of Diane M.
Dils, Esquire, and each party has carefully reviewed the terms and conditions of
this Agreement with his or her respective counsel. Both parties covenant and
agree that they fully understand the facts upon which this Agreement is premised
and based, that they believe this Agreement to be fair and equitable, that said
Agreement is being entered into freely and voluntarily by each of them, and that
the execution of this Agreement is not the result of any duress or undue influence
and that it is not the result of any collusion or improper or illegal agreement or
agreements.
21. INTEGRATION. This Agreement constitutes the entire understanding
between the parties and supersedes any and all prior agreements and negotiations
between them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
22. AGREEMENT BINDING UPON HEIRS. This Agreement shall be
binding upon the parties hereto and their respective heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
14
WITNESSETH:
)/tildf!J.,,/ ~/i~AL)
/~(L (I;tl 4..~../-~)
~. - I BERNA.. WOJCIECHOWSKI
15
.' .
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
On this, the ..?sHaayof ~~ ,2005, before me, a Notary Public in
and for the state and county aforesaid, e undersigned officer, personally appealed
PATRICIA A. WOJCIECHOWSKI, known to me (or satisDlctorily proven) to be the
person described in the foregoing instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
;~
(SEAL)
NOTARIAL SEAL
G, Patrick O'Connor N
Lower AI/eo Tw C' otal)' Public
M '. p., umber/and Count
Y commISSion expires OctOber 28, 200?
COMMONWEALTH OF PENNSYLVANIA)
~~Hu.;:;JII.:r~ :SS.
COUNTY OF Cm.lBERI).ND )
---
iI~ /
On this, the l.L day of < , 2005, before me, a Notary Public in
and for the state and county aforesai , the und rsigned officer, personally appealed
BERNARD R. WOJCIECHOWSKI, known to me (or satisfa.ctorily proven) to be the
person described in the foregoing instrument, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(=L~L q~y?~
Notary Public
llOTARIAl. sEAl.
MIRA HIKE NOTA1I'I PU9UC
em OF lIAllRISBURii. OAU~INCG\Itm
MY COMMIS ION EXPIRES
(SEAL)
16
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
PATRICIA A. WOJCIECHOWSKI,
Plaintiff
NO. 05-548 Civil Term
vs.
CIVIL ACTION - LAW
BERNARD R. WOJCIECHOWSKI,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT THE: RECORD
I. Grounds for divorce:
,( Section 3301(c) of the Divorce Code
Section 330I(d) of the Divorce Code
2.
(a)
Date complaint filed: Januarv 31, 2005
(b) Date of service of the complaint: On or about February I, 2005
(c) If service 30 days after date of filing, date complaint reinstated:
(d) Manner of service of the complaint:
Certified mail, restricted delivery to and return receipt signed by defendant
First-class mail-not returned, certified mail refused, 15 days have elapsed
Date of mailing:
Date certified mail refused:
Personal service by Sheriff and/or Deputy Sheriff
Personal service by competent adult other than Sheriff (Affidavit attached)
,( Acceptance of service (Copy attached)
By publication pursuant to Order of Court (Copy of Order attached)
3.
(a)
Affidavit of consent required by Section 3301(c) ofthe Divorce Code:
Date of execution: plaintiff: July 23. 2005 defendant: July 14.2005
Date of filing: plaintiff: contemporaneouslv herewith
defendant: contemporaneously herewith
(b) Plaintiff's affidavit required by Section 330I(d) of the Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
4. Related claims pending: None. All economic claims have been settled.
5.
(a)
Date of service of the notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary:
By plaintiff: contemporaneously herewith
By defendant: contemporaneously herewith
VERIFICATION
I verifY that the statements made in this praecipe are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904
relating to unsworn falsification to authorities.
7/;1.5/0 (
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Date
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1\ttorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
PATRICIA A. WOJCIECHOWSKI,
No.
05-548
CIVIL
Plaintiff
VERSUS
BERNARD R. WOJCIECHOI\'SKI,
Defendant
DECREE IN
DIVORCE
AND NOW,
A'-)ov~A "i
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2o~, IT IS ORDERED AND
DECREED THAT
PATRICIA A. WOJCIECHOWSKI
, PLAINTIFF,
AND
BERNARD R. WOJCIECHOWSKI
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOL.LOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None.
The Seoaration and Property Settlement A\;lreerrent enterF!d into Qy the
parties on July 14, 2005 shall be incorporated but not merged into this Decree.
B' T"' COJl, /J
ATTE ~
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PROTHONOTARY
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