HomeMy WebLinkAbout95-01499
~
~
""
s
o
III
7
.,..
~
c
~
~
D
f
c...
~
J
(f
0-
T
-
"''l
'\':
_.:':/1
, &'l'i,'i'~j
;;;t~
!~-!i~
f'>
';,', :;j;;:~t
;''',"
,
'~.'
, ,
",.~ :),,';q$J.."':"\~J,i~~,-~~ ~I,~~ '.~ ,,)
, ~,.:\.;;t;A~~l',i~ftt~~,;.~.."
l'.t~.~-^, '~j;~",~,~""-\ "'~.
..<:'::1 ~ ~~;.;f'.f,~t ~~"~/'!f;o/~:."~~'
, '~',:'.?r;;giA1~~tfi.~if::',
"t~ {-.Y", '-" .'. \"".,"..";rirp" /'l.~~~l,\\t'-"
'~". .
','
I '"4 "'. ,~, 't :'.l>"'<< ~o!,..'i,"'l 'f" hI '. '
,
"
.-'.'
"
:i1\
,.-:,
.
',.,
_o"r,
~".'
,',-.,'
:/'
-iL
. "
, <,
. ,.,". ~ .
"""
-'. ,
,
/:'
.'/
~-;
',-',
-. \- ,~ ,.
. :".' ;:~~~:\-;
~ i,
. ".-~:,
.,,~~,,;,~/,~~.;;~" !,.
-\!",,'
,.,,'
,C'
." ,.'., ~ ; '-'_'_ h
":,j/,{,~~':; ':,~:,',','~,~;,,~,:,~'~,',_~~): t" . .',:>~
~ _. f21:;,:-'~,~>"~"
. " ..,~.' . '" '
-, ~(:~;/." - ",>'.'
. ::_"~-',
->;
:,.'
" ~".~ - '.\ '.",
. ,~" ~';;~~;~~~
-':".
';,'
..
*****-~~~'~~--*~--'---'Y~~~:~.~--~~~
~ - ~
u ~,
~ ~
g
8
w
','
~
"
~
,,~
~
w
','
~
','
$
','
~
"
'='
i
...
"
'='
~
','
,',
~
lil
...
.'
.:,
~
,',
~
,',
~
IN THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
STATE OF _ PENNA.
Ig~HA,E:J:...,;r~Y ..I)ZEZINKSI,' ..,............. I!
N (), ..,x~,9.~..,..,.... ,~~.~,;,;.. 19 95
....PL~INT,IF,F
,
'I
Vel':;t1::;
KIMBERLY ELAINE DZEZINSKI,
....... d. ...... ..... .................... ..........
DEFENDANT ;,
,'~
*
DECREE IN
DIVORCE
M
?
...
8
~
~
8
AND NOW, ". .'"" ,l~C!!s,~,. .. ~,I,~,. " 19, .'I.~, -:., it is ordered and
decreed that,."..,. ~.~~~~,E,~-. ~~,~ .~~~:~~~~~.~".,"",..,',., plaintiff,
and.,.""",.,..", .I5~~~r;~~:t. ,F,:~~,r,t~J?, p,~r;~~~.~I5~.."...", defendant,
are divorced from the bonds of matrimony,
w
"
8
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. ,E'AR:I'.IES. MARI:I'AL. SE.TTLEMENT, AGREE.MENT. .OF, O,CTOBER, 26", ,199.5
,,;~. P!,~~,R,~<?~~.~EI?, ~,E:~E:~~, ,~~. .A. n~,A.T;-. ~.R,I!E~, P.r: . ~P,l!~1'..,., .,.' .",.. .
"
'='
M
.,'
~
"
Court: ,j
., ,A/4-., .. ,... .
Alle.t: ~'~<GR [1 t~ ~~'~ J,
;G#..a. ..c-: ~k,.x~.. .
t7 - .l2Po'thonotary
,',
~
w
...
M
"
~
...
~
7-
~
:1______
:{.>;. ,;0;, ':.;, , .
- . ~.- -_.~-_.~- ...-~~ ,".-.~~ '_".'~""~.' ~
~..~***~~~*****.~********~.
....
,',
~
.;i
'='
g
~
"
"
8
8
~
~
~
~
"
'='
r..
*
,,-
g
..
~
~
w
','
.-
;.~
~
,'~
~
~
i
~.'
~
','
~
...
v.
...
~
'.'
,',
*
,',
~
~
~
~
~
','
s
~
:t:
'.'
MARITAL SETILEMENT AGREEMENT
THIS AGREEMENT, made this ~~c:Hl day of ~, 1995, by
and between MICHAEL JAY DZEZINSKI, hereinafter referred to as "Husband", and
, I
KIMBERLY ELAINE DZEZINSKI, hereinafter referred to as "Wife".
WITNESSETH:
WHEREAS, the parties are Husband and Wife who were married on March 21,1992
in Cumberland County, Pennsylvania and have been separated since September, 1994; and,
WHEREAS, the Husband has instituted divorce proceedings in the Court of
Common Pleas of Cumberland County to No. 95-1499 Civil Term by complaint filed on
March 22, 1995; and,
WHEREAS, the parties are the natural parents of one child. ERIC MICHAEL
DZEZINSKI; and,
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including without limitation by
specification: settling of all matters between them relating to the ownership in equitable
distribution of personal property and related economic claims including but not limited to
spousal support, alimony and alimony pendente lite; and in general the settling of any and
all claims or possible claims of one against the other or against their respective estates; and,
WHEREAS, Husband is represented by separate legal counsel and has been advised
of his rights, privileges, duties and obligations relative to his property rights and interests
under the Divorce Code and regarding alimony and spousal support, and Wife has
1
voluntarily chosen not to be represented by legal counsel in this matter, but understands that
she has the right to be represented by her own separate legal counsel who could advise her
regarding her respective property rights, privileges, duties and obligations relative to the
parties' property rights and interests under the Divorce Code and regarding alimony and
spousal support; and,
WHEREAS, each party is fully familiar with the marital property and both parties
now desire to settle and determine their property rights and claims under the Divorce Code,
including all claims regarding equitable distribution of marital property, alimony, spousal
support and related economic claims.
NOW, THEREFORE, the parties hereto being legally bound hereby, do covenant
and agree as follows:
1. The parties agree to the entry of a Decree in Divorce pursuant to Section
3301(C) of the Divorce Code. Both parties shall execute and file the requisite Consents
with the Court contemporaneously with the execution of this Agreement. The Husband's
attorney shall file the Praecipe to Transmit the record and obtain a Decree in Divorce
without delay. Should either party do anything to delay or deny the entry of such a Decree,
or fail to do anything required to obtain the Divorce Decree in breach of this Agreement,
the other party may, at his or her option, declare this Agreement null and void, ab initio.
2. This Agreement and all warranties and representations contained herein shall
survive the Divorce Decree and shall continue to be enforceable in accordance with its
terms. No Court may change the terms of this Agreement, and it shall be binding and
2
I
I
I,
inclusive upon the parties. An action may be brought at law, in equity or pursuant to the
provisions of the Divorce Code to enforce this Agreement by either Husband or Wife. In
the event of a reconciliation, attempted reconciliation or other cohabitation of the parties
hereto after the date of this Agreement, this Agreement shall remain in full force and effect
in the absence of a written agreement signed by the parties expressly stating that this
Agreement has been revoked or modified.
3. The parties have divided between them to their mutual satisfaction their
personal effects, household furniture and furnishings, automobiles and all other articles of
tangible personal property which have heretofore been used by them in common and neither
party will make a claim to any such items which are now in the possession or under the
control of the other. Each party will execute any and all documents necessary to effectuate
the transfer of ownership of any items of personal property titled in both names. The party
receiving sole ownership of such items shall pay all costs associated with the transfer.
4. The parties have divided between them to their mutual satisfaction all
intangible personal property consisting of cash, bank accounts, annuities, securities,
insurance policies, pension and retirement rights, whether vested or contingent, and all other
such types of property. The parties hereby agree that all such intangible property presently
in the possession of or titled in the name of Husband shall be his sole and separate
property, and that in the possession or titled in the name of the Wife shall be her sole and
separate property. Each party hereby expressly waives any right to claim any pension/profit
sharing/retirement rights of the other, vested or contingent, each party to retain full
3
ownership of such rights as his or her sole and separate property.
5. The parties have incurred various marital debt during their marriage, and the
parties hereby agree that each of them will be solely and individually responsible for the
"
,
marital debt which was incurred in each of their respective names alone. Furthermore, the
parties agree to divide the marital debts which were contracted in both parties' names as
follows:
a. Husband shall be responsible to pay in full the debts to PNC Bank, Gordon's
Jewelers and the debt for income taxes to the Internal Revenue Service for 1993 and 1994;
b. Wife shall be responsible to pay in full the debts to Ford Motor Credit for the
1991 Ford Thunderbird which is currently in her possession and which she drives, the debt
to American Appliance for the appliances which are currently in her po~session and the
lease on her apartment in Boiling Springs, Pennsylvania.
6. Husband agrees to pay child support to Wife for ERIC MICHAEL
DZEZINSKI in the amount of $550.00 per month for a period of five years from the date
of this Agreement, after which time Husband's support obligation shall be reviewed by a
court of competent jurisdiction for modification, if appropriate. Husband will provide health
insurance coverage for ERIC MICHAEL DZEZINSKI and will keep in effect a policy of
insurance on the life of Husband in the amount of $50,000.00 naming ERIC MICHAEL
DZEZINSKI as beneficiary, which policy shall remain in effect at lea~t until ERIC
MICHAEL DZEZINSKI'S eighteenth (18th) birthday.
4
10. Both parties agree that the hereinabove set forth Agreement constitutes an
equitable distribution of their marital property and equitable resolution of all other
economic claims pursuant to the provisions of the Divorce Code and each party irrevocably
waives, releases, and remises any claim to ownership of or interest in any property
designated as the property of the other by virtue of the provisions of this Agreement except
as otherwise may be provided pursuant to the provisions of this Agreement.
11. Husband does hereby release, remise, quitclaim and forever discharge Wife
and the estate of the Wife from any and all claims he has now, ever may have or can at any
time have against the Wife or her estate or any part thereof, whether arising out of formal
contracts, engagements or liabilities of the Wife, arising by way of widower's right or under
the Intestate Law arising by any right to take against the Wife's will, arising out of the
Divorce Code, Act No. 26 of 1980, as amended, including, alimony, alimony pendente lite,
counsel fees and expenses, arising as a right to spousal support or arising by any nature
whatsoever, excepting only those rights accorded to the Husband under this Agreement.
12. Wife does hereby release, remise, quitclaim and forever discharge the
Husband and the Estate of the Husband from any and all claims she has now, every may
have or can at any time have against the Husband or his estate or any part thereof, whether
arising out of formal contracts, engagements or liabilities of the Husband, arising by way of
the widower's right or under the Intestate law, arising by way of any right to take against the
Husband's Will, arising under the Divorce Code, Act No. 26 of 1980, as amended, including,
alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal
6
"
support arising by any nature whatsoever, excepting only those rights accorded to the Wife
under this Agreement.
13. If either party to this Agreement resorts to a lawsuit or other legal action
pursuant to the provisions of the Divorce Code or otherwise shall enforce the provision of
this Agreement, the successful party shall be entitled to recover his or her reasonable
attorney fees, actually incurred, from the other as party of the judgment entered in such
legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or
otherwise as the same shall be determined by the Court.
14. The parties do hereby warrant, represent and declare and do acknowledge and
agree that each is and has been fully and completely informed of and is familiar with and
is cognizant of the wealth, real and/or personal property, estate and assets, earnings and
income of the other and that each has made a full and complete disclosure to the other of
his or her entire assets and liabilities and any further enumeration or statement thereof in
this Agreement is specifically waived.
15. This Agreement constitutes the entire understanding of the parties. There are
no covenants, conditions, representations or agreements, written or oral, of any nature
whatsoever, other than those herein contained.
16. This Agreement is subject to modification only by a subsequent legal writing
signed by both parties. It shall be construed according to the laws of the Commonwealth
of Pennsylvania.
7
LI"t
en
-
=
m
0-
e.>
c:::>
~~
"z",
w~gz
U%"'4
G: 00;,
u..;:X;:!
OC...tr./"f
Ort:-IZ
W~o:%
"'WuJW
--._c.ln..
U~.-X
...:>
"'U
""
:c
0-
tD
tTl
N
t i"1 t
't11t ct u
I..n ~ ~ ~ 0 ~
en ~,..
. Q,;"G/)
if:: ..tl.. ..,J
..-~': ~
14'('1:;'''': () 0 l'.
cl:: ,., o:;c'':'::''; 0 i() () ....,
c ~I='U:': '> t'( l'(
h.. ::::r.~. ~ l.,
":T ~~~ ,;: .:r ~; 0 l.-J ~
l.,) ~ () ...... <-; ~ '-
...., '=:~; l i:; t'- 0- ~ --r
......, ~
"'" ;".: :'r 1\. - \J CIl
......:~ -
::i:! <.> ~
'"
.
><
:2:t .
. :2:
Ot:J .... 0 r.:l :I:
~8 :.: Ul V I>:
Ul Eo< I>: r.:l~
0 :2: .0: 0 '"
VO.o: .... ~ > Eo<.o: ~ ~ ~
0
:2:.... N.... .... ...:l'Tr.:l "
~.o::2: r.:l.... r.:l+> 0 ~
0...:1.0: N.... :2:= "":2: V :s
1>:> O+> ....Ill :2: >01>: D @ Ii; ~
Eo<r.:l...:l . .o:'I:l .... ........0
1>:1'l>< ><= > ...:1= V Eo< > E ~ ~ ~
t:J~Ul .0:.... r.:lCII Eo< V....
o :2: ,.,Ill .... :2: .0:0 o ~ l:
VU:2: M ><C11 .... ~ .. ~
r.:l ...:I Po ...:10 .0: ...:1:2: 5 e ~
r.:l~Po r.:l I>: ...:I ........
0::0 .0: r.:l Po > ;: : l/)
Eo< 0:: ~ X .... p:l ~
Ul U 0 IU 0
:2:.0: .... .... U In
....r.:l X :.: en
...:I
Po
t.
,
.
." .
. . . ....
.... . .
.
-
" , .'
" '
.'
'.
"
MICHAEL JAY DZEZINSKI,
Plaintiff
IN THE a:xJRT OF cx:tKN PIEAS OF
aJMBERLl\ND CXXlNl'Y, PENNSYLVANIA
v.
95- /'-197 CIVIL'mRM
CIVIL AC'l'IOO-Ll\W
IN DIVORCE
KIMBERLY ELAINE DZEZINSKI,
Defendant
CXMPIAINT
1. Plaintiff is MICHAEL JAY DZEZINSKI, an adult individual who
currently resides at 912 Rockledge Drive, Carlisle, CUmberland County,
Pennsylvania.
2. Defendant is KIMBERLY ELAINE DZEZINSKI, an adult individual
who currently resides at 2C West Springville Road, Boiling Springs, Clmberland
County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the
Carm:lnwealth of Pennsylvania for at least six m:mths imnediate1y previous to
the filing of this 0amp1aint.
4. The Plaintiff and Defendant were married on March 21, 1992, in
Clmber1and County, Pennsylvania.
CXXJNT I - DIVORCE
5. Plaintiff hereby incorporates by reference paragraphs one
through four as if each avennent were set forth fully hereunder.
6. There have been no prior actions of divorce or for annulment
between the parties as to their current marriage.
7. Neither Plaintiff nor Defendant is in the Armed Forces of the
United states.
8. Plaintiff avers that the marriage between the parties is
irretrievably broken.
.
9. The Plaintiff has been advised of the availability of
counseling and that she may have the right to request that the court require
the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
enter a decree in divorce as to the marriage between Plaintiff and Defendant.
CXXJNT II - EXXJlTABlE DIS'IRIBUTIOO
10. Plaintiff hereby incorporates by reference all of the
avennents contained in paragraphs one through nine of this 0amp1aint.
11. The parties have acquired real estate, hare furnishings,
bank accounts, rotor vehicles and other miscellaneous items of personal
property during the time of the marriage, which items are marital property.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court
enter a decree which effects an equitable distribution of the marital
property .
Respectfully subnitted,
0' BRIEN, BARIC & SCHERER
Dete:
3,/;' ~S"
~~.~
Michael A. Scherer, Esquire
1.0. 61974
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
I
r
MICHAEL JAY DZEZINKSKI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1499 CIVIL TERM
v.
KIMBERLY ELAINE DZEZINSKI,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (C) of the
Divorce Code was filed on March 22, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the court before the entry of a final decree in
divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage
counseling and understand that I may 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 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:
/t) /z~ /9:r
/ ,
---- ~
7C MIC~ ~H
~
I..n
en
.
>-
..~
......
...:>:
t:". ~~
_~oZ'
,,""C:l(;l~
Ou..:r.C>
...Z-'
Q~-r~
~e..~z:
_UJL6J;C
:... :T'::UI.Ll
i'XQ..
::>
-<.'
""
::c
"-
'D
....
N
~
,....,
-
u
~
MICHAEL JAY DZEZINKSKI,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-l499 CIVIL TERM
KIMBERLY ELAINE DZEZINSKI,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (C) of the
Divorce Code was filed on March 22, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony
pendente lite, marital property or counsel fees or expenses has not
been filed with the court before the entry of a final decree in
divorce, the right to claim any of them will be lost.
5. I have been advised of the availability of marriage
counseling and understand that I may request that the court require
that my spouse and I participate in counseling prior to a divorce
decree being handed down by the court.
6. I am not a member of the armed forces, nor in active
.
military service, of the United States of America or the
Commonwealth of Pennsylvania.
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.
I
Ii
Date:
,,').5 C(.+qS
JIl/
NSKI
MICHAEL JAY DZEZINSKI,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-1499 CIVIL TERM
v.
KIMBERLY ELAINE DZEZINSKI,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael A. Scherer, Esquire, attorney for the Plaintiff in
the above-captioned divorce action, do hereby certify that I served
a certified copy of the Complaint in Divorce to the Defendant, as
per the attached U.S. Postal Service Certified Mail, return receipt
card.
O'BRIEN, BARIC & SCHERER
~ U f'~
MICHAEL A. SCHERER, ESQUIRE
Date:
/D' JO ''i>
RtJt~~W~1ii;;'?~~;";;;:~<;~J:'~r:i,',;;;~!:;;~-'"~'-~1;;~;:~I~:t~~1~~~~~..
"I~~~~'-'~ , ' "..M~ 1"'oIlowlriO:""",*~'(fOf:'~!lnn'~~"
~ F.~L~. . \I-n;~ '"!...,fH~~'d~~~~~~!~:~J
t{ifti~,.;",'_.. ~_ ., "u.' '6c;jR~~~t~-r~~~1
1'$ Vi; ~,~~~ Add...Md '0: .' 48, Number, " i'-':'
1". 'JKHnbr.rl~ [. DZtllnsKl,
I f ~~w~r~~~~~1:i
I (L .,--,
II Ii
II f
'I
II
4b, StMce Type' , , ,.'.. "";.', '
~RIIlIa'md' 0 lnau.... ' ;:/'~'
Cottllltd 0 COO . ",. .," '
. eXpreu M'I!i1" 0 RllUm RlCllpt "Dr,1
7.0"010.1 -.J!
.~ rr ,." . (,
B. . Add,_'. Add.... IOnly If .1qUIItICI 'I'
IIllIIH I. pI/d) . .~'
;7. "8.:
III"
: .~ PS Fonn
. .., '
.u.a.GPO:,t___n. DOMESnC RETURN RECEIPT,
)
)
.
{
l
:.
~
.
c::>
.....,
-
Co>
c:>
......
~....
....z
y,j(,)':'.-&
2:r.c>z
t.c,o-a
....=0>
Ol-z.~
c:i~"lI~
LAJ 0: \::1z
:tUJWZ
'-.. .......W
;~ 1,a..
::>
'5u
::IC
~
U)
CO>
N