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HomeMy WebLinkAbout06-2280 II , , I JOHN S, ROVEGNO, '! Plaintiff V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAY K. ROVEGNO, Defendant NO. 2006- JJ(6 CIVIL ACTION-LAW IN DIVORCE CIVIL TERM 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE 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, Pennsylvania 17013 (717) 249-3166 i! " I I Ii ,I JOHN S. ROVEGNO, II Plaintiff II " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- ),.U tJ CIVIL TERM KAY K. ROVEGNO, Defendant CIVIL ACTION-LAW IN DIVORCE I I il II I DIVORCE COMPLAINT 1. Plaintiff is John S. Rovegno, an adult individual currently residing at 6B Garrison Lane, Carlisle, Cumberland County, Pennsylvania, 17013-5100. 2. Defendant is Kay K. Rovegno, an adult individual currently residing at 6B Garrison Lane, Carlisle, Cumberland County, Pennsylvania, 17013-5100. 3. Plaintiff and the Defendant have been bonafide residents in 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 September 7, 1985 in Fort Hood, Texas. 5. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. " WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: April ~'1 ,2006 /Jtr t ~ Mich'ael A. Scherer, Esquire 1.0. # 69174 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 I II !I I I mas\Domestic\Rovegno\divorce.comp . '. JOHN S. ROVEGNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006- CIVIL TERM KAY K. ROVEGNO, Defendant CIVIL ACTION-LAW IN DIVORCE VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA S 4904, relating to unsworn falsification to authorities. i2 ~),~~ . John S. Rovegno Date: April 21, 2006 C" ~- -of'- ~ ""'-. --.I ...-.J 0.. o ....$;\ roo.,'-J "'" i=t -'d o -"\ ..t:\ -- ---- A c~ "" ,. (' -, ">--; , -,.;, ,;-."; ~-,- ,..'. ~. II JOHN S. ROVEGNO, Plaintiff IN THE COURT OF OMMON PLEAS OF CUMBERLAND CO NTY, PENNSYLVANIA V. NO. 2006- J.3-'tIJ CIVIL TERM KAY K. ROVEGNO, Defendant CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVIC AND NOW, thist:21.o day of April, 2006, I, Kay K. Ro gno, Defendant above, hereby accept service of the Divorce Complaint filed in the above-captioned case. Q c, ~ ''''1JC: _n;' '"'-I" ~.:::;;: 1- ~?) " r-'" g .,.. - ..- ~ <,0:) - r:::;: o --n ..... ff,?J -orG ;p9, '''?\'-.....-' }~:s~ '*(" '1o")r '::...\ J'" ~ ;po -r;'" -- C2 .::- -' . POST-NUPTIAL AGREEMENT THIS AGREEMENT is made and entered into this ~ day of ~ 2006 by and between: JOHN S. ROVEGNO, of Cumberland County, Pennsylvania. party of the first part, hereinafter "Husband", AND KAY K. ROVEGNO, of Cumberland County, Pennsylvania, party of the second part, hereinafter "Wife"; WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married on September 7,1985 in Fort Hood, Texas, and presently reside together in the marital residence at 6B Garrison Lane, Carlisle, Pennsylvania; and, WHEREAS, the parties are the parents of two minor children, Aaron S. Rovegno, born January 9, 1990, and Lauren A. Rovegno, born October 15, 1992; and, WHEREAS, the parties have accumulated certain assets during their marriage; and, WHEREAS, certain differences have arisen between the parties, as a consequence of which they intend to divorce; and, WHEREAS, on April 24, 2006 Husband commenced an action in divorce docketed to No. 2280 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter referred to as the "Divorce Action"); and -1- . I' WHEREAS, the parties acknowledge that their marriage is irretrievably broken; and WHEREAS, the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status and with respect to the terms and provisions of this Post-Nuptial Agreement, and the meaning and legal effect thereof. Husband is represented in this matter by Michael A. Scherer, Esquire of 19 West South Street, Carlisle, Pennsylvania and Wife is represented by Harold S. Irwin, III, Esquire, of 64 South Pitt Street, Carlisle, Pennsylvania; and, WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities, have voluntarily come to an agreement for the final settlement of their property and affairs, which they believe to be fair, just and equitable. NOW, THEREFORE, in consideration of this presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. -2- 11 Ii 2. MUTUAL SEPARATION. Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble or interfere in any way with the other or with any person associating with the other. 3. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and acknowledge that they have had full opportunity to identify and evaluate all assets, including marital assets and assets which are titled to either party alone; and that each party is aware of their right to compel the other to produce documents and related information regarding all assets owned by either party and the value or worth of such property. Each party waives any further valuation of any such property whether held jointly or in the name of one party alone. The parties waive court involvement in equitably dividing their marital and non- marital property and hereby declare and acknowledge that the voluntary division by them of all property, whether material or not, is fair and equitable. 4. TANGIBLE PERSONAL PROPERTY. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement (the "Agreement") voluntarily agreed to divide and have reached an agreement to physically divide and distribute between themselves all tangible personal property, furniture, furnishings and items, whether or not said personal property or items are or would be deemed to be marital property under the Pennsylvania Divorce Code and subject to equitable distribution. It is the intention of the parties that each party shall maintain as their separate property those items which have originated from their respective families. -3- 5. REAL PROPERTY. The parties own a timeshare known as "Fairfield Flagstaff" which is believed to have a value of approximately $2,000.00. The parties have been attempting to sell this timeshare and will continue to do so and the proceeds of the timeshare will be divided equally between the parties when sold. The parties were the owners of a lot on Hillside Drive in Carlisle and that property was sold in 2006 and proceeds of $22,.000.00 were realized. Husband shall keep as his separate property the proceeds from the sale or the lot on Hillside Drive. Husband is a partner in "Rovegno Real Estate Partners" together with his father and brother. "Rovegno Real Estate Partners" owns, manages and rents real estate. Husband shall keep as his separate property his ownership interest in "Rovegno Real Estate Partners" and wife hereby waives any interest she has in this real estate partnership. It is the intention of the parties that the parties' children will receive, through gift, inheritance or otherwise, Husband's interest in "Rovegno Real Estate Partners. " 6. INVESTMENT AND IRA ACCOUNTS. The parties are the owners of the following accounts Account Account Number Value Smith Bamey John & Kay Rovegno 73H-011i1' $ 128,583.00 Smith Barney Roth IRA John S. Rovegno Smith Barney IRA John S. Rovegno 73H-71. $ 68,087.00 73H-71_ $ 68,769.00 Smith Barney Roth IRA Kay K. Rovegno 73H-7_ $ 17,343..00 -4- I' Wife shall keep as her separate property account numbers 73H-01066 and 73H- 71358; Husband shall keep as his separate property account numbers 73H-71350 and 73H-71656. 7. AUTOMOBILES. Wife drives a 2001 Pontiac Montana valued at approximately $8,000.00 and Husband drives a 2002 GMC Envoy valued at approximately $15,000.00. The parties shall title the Pontiac in Wife's name and the GMC in Husband's name and each party shall become the sole owner of the vehicle titled in their respective name. 8. EQUITABLE DISTRIBUTION TO WIFE. Husband shall pay Wife the sum of $10,000.00 within one year of the date of this agreement representing a payment to wife for the difference in values received by each party for the automobiles and investment accounts. 9. PROVISIONS AS TO CHILDREN'S UGMA ACCOUNTS. Husband shall manage the UGMA accounts for the children and those accounts shall be used to pay the children's college tuition, board and related expenses. 10. UNITED STATES ARMY RETIREMENT/DISABILITY PAY. Husband has served in the United States Army since May 10, 1980 and has begun the process of retiring. Husband's total months of service in the US Army are 315, and the parties were married for 250 months of Husband's military service. Wife shall receive fifty-five (55) percent of Husband's disposable military retired pay and the parties shall mutually agree and share in the expenses/deductions from the retired!'!pay for the "Survivor Benefit Plan (SBP)", "TRICARE Medical" and "TRICARE Dental." -5- Husband has made application for disability pay although the amount of that benefit is presently unknown. Husband's disability pay will reduce his retired pay. In order to avoid Wife's retired pay from decreasing as a result of Husband's receipt of disability pay, Husband shall reimburse Wife for any sums by which Wife's retired pay decreases upon Husband's receipt of disability pay and Wife shall continue to receive fifty-five percent of the disposable retired pay of a Colonel retiring on September 1, 2006 with twenty-six (26) years of military service. In addition, Husband accrued benefits, presently valued at approximately $19,682.00, for unused leave and the parties shall divide equally the net, after-tax proceeds of the "sale" of these unused leave days upon Husband's receipt of the proceeds. 11. BANK ACCOUNTS/MISCELLANEOUS EXPENSES. The parties have approximately $5,000.00 in USAA checking and savings accounts. These accounts shall be used to pay various joint obligations and shall be divided equally between the parties upon Wife moving into an apartment. Husband will pay for a cell phone plan for Wife and both children for two years beginning in June, 2006. 12. MARITAL DEBT AND FUTURE OBliGATIONS. The parties acknowledge and agree that they have no debt for which they are jointly liable to a creditor. The parties agree that any and all financial obligations which are or may be in his or her name shall be and remain the responsibility of the person in whose name the debt or obligation has been or will be incurred and that any and all obligations incurred subsequent to the date of this Post-Nuptial agreement shall be the sole and separate -6- liability and responsibility of the party incurring the debt or obligation and each party agrees that he/she will not incur or attempt to incur any debts or obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all claims, liability and attorney's fees arising from such future obligation and any other debts and obligations incurred prior to the parties' separation or divorce for which such party is obligated under the terms of this Post-Nuptial agreement. 13. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for his or her own counsel fees and related costs associated with the initiation and processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post-Nuptial Agreement. 14. RELEASE OF SUPPORT. ALIMONY AND RIGHTS UNDER DIVORCE CODE. Each party waives and forever releases the other party of and from any and all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, cost and expenses, except that the performance of any obligations created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 15. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute concurrently with the execution of this Agreement the necessary consent and waiver forms for delivery to Husband's attomey and filing in the Divorce Action in order to obtain a consensual divorce under the provisions of the Pennsylvania Divorce Code. -7- g i ~ ~m ~ ~i ""'''T'"'J c::') "'0 7~" I :0 0~ -.I g Cf:.1 -0 er" ~8 ::r; ~i, J>c W ~ ~ ~ ~ II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2280 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE JOHN S. ROVEGNO, Plaintiff KAY K. ROVEGNO, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DeCREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on April24, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: July 27,2006 e S:l !:fl "'" :;:: .... "tl()J ~ i~ " rrlrn '.", Z:x' en ~ z~ . (f) ,.,;: ...,J ~6 ""0 );>c 'i5~ z' :z :>8 ca ?J (.,) i t:1l , I , i i , , , \ I l 'I JOHN S. ROVEGNO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Y. : CIVIL ACTION. LAW : NO. 2008 - 2280 CIVIL TERM KAY K. ROVEGNO, Defendant : IN DIVORCE AFFDAVlT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about April 24, 2006. Service of the complaint was made on April 26, 2006 (see Acceptance of service filed on May 31, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. August 3, 2006 Ji.~~r 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 conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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. August 3, 2006 ~~~r- KAY.R GNO d i Q ~. =-- g I ~ ""0 i~ ::&: ~ ~ ~ ~. \ ::~ '1 A , J I I I I l I ! I 1 1 I II I' i JOHN S. ROVEGNO, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2280 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE KAY K. ROVEGNO, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c)of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on April 26, 2006. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on July 27,2006; and Defendant on August 3,2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~~ Michael A. Scherer, Esquire e ,..., = ~ 1!:: ~ ~CD ~ ~ rTi '~ en 2(' ~.Ii I .... <e~ >'s ""0 ~~ 2" :z :;>) C Cf? ~ ~ s:- ~ 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JOHN S. ROVEGNO, . Plaintiff No. CIVIL 2006 - 2280 . . VERSUS KAY K. ROVEGNO, Defendant . DECREE IN DIVORCE . . . AND NOW, ~V'3V~\' '\ IT IS ORDERED AND lWo . DECREED THAT JOHN S. ROVEGNO , PLAINTIFF, . . . . KAY K. ROVEGNO , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . The parties' Post-Nuptial Agreement dated Auqust 3, 2006, is . . incorporated, but not merged, herein as a final Order of Court. . . ~y ~~~)t, 1O,Qf.!f> ~? irP ?- ~ - ~ -p; '1(J1//',8.