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HomeMy WebLinkAbout95-02909 ~I > u -j J i u g F J .' :.: :.::.: :.: .. ,. . ,.. ,.: :.: :.: :.. ..: . .: :. ..' .: .. + :+: :.: :.: :.: :+:- :+: :.; ;.: -:.: .;. it ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ !\ ~ " OF CUMBERLAND cOUNTY ,~ ~~~ Sl A I E 01- i'~~':rt~Y~' IJI~NNA, ~ ~ " .JOSEI'll F. CIlVAI.I:SKI 'IS-19119 ,\" I' ) ~. ;: \', , ~i .JEAN M. CllVALESKJ ~ ,'" if. it " DECREE IN DIVORCE \ \ /) J iV-V L...,. b I 9 tr It Is ordered and ,: " Ie AND NOW, c. ~j decreed that .It1Hl'ph F. ('OVilICHki plainliff, defendant, ~, I li,' and .It.'illl N. Cnvnll'Hkt i ~! it: , ore divorced frolll Ihu blll1d~ of Illotrlllluny The COUI t rutullI~ IlJllHJlction of 11m followlIlg claims which hove ,oisud III I U\ III d 111 fillS \II tlOIl for whlc h (l 111101 01 del has /lot yet u/ltelud, ~i \ it.i "I ..I ~'I Io.! AND IT 1:1 11'1('1'111-,1{ ORIIII<I'II. IlIdl lht, 1l'llllHt t.tllldltltlllH ilI1I1 t'IIVt'l1illltH hl'l IlItlh III 10. tli,' WI lit "" flarllal :1"111,'111,'111 Ag Il' "111"11 1 IIlilll,' allt! "III''II't! 1111" hy 111" Jlint!,," "" 10.1 it' ~' 10.' ~ beo/l bee/l ~;IlI11' .llIly I.'. lilt}'), illl' Illt11l11l11;ltl'd 1Il1'lgL'tJ J lit II I Ii I,., 1It'I'I!'.'. IlIltl IlItH Dl'C'J"l't' by II)t'l'l)ll'LI Ihl'H'tll, , J: \ I I, t. (,, I' , I ..' ~/~t' '''n' C:~'#7 hilt not .,. ~ - , :.: ............. " . . . I',. i1"'Il"I,'11 ~ it ~: " ~ ~ " ~ ! ~ I' 'it. I " , '~ I ~ I~ ~ it ~ ~ ~ 10. " ~ " " " ~ !i. ~ .: ~ " . . . . . . " li :'~ ,. , . ~ . . 1 ,\<. LAW OFFICE EDW\RD J. WEINTRAUB 2650 NORTH THIRD SmEET HARRISBURG. PENNSYLVANIA 17110 (7171238,2200 FAX 17171 238,9280 . ~ . . "!t , J ~ 0-.C) 90 9 ... . . ~RAFT #3 - 9/2B/95 HARITAL SE'r'rLEMENT AGREEHENT THIS AGREEMENT, made this I II I day of Jl{ I( Iffh hereinafter referred to 1995, by and between JOSEPH F. COVALESKI, ae "Husband", and JEAN M, COVALESKI, hereinafter referred to as IIWife. II WITNESSETH: WHEREAS, Husband and Wife were lawfully married on December 31, 1990; and WHEREAS, certain differences arose between the parties as a result of which they separated on May 10, 1995, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respect i ve estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the partieB hereto, after- being pr-operly adviscd by their respective counsel, Husband, by his attorney, Edward J. Weintraub, Esquire, and Wife by her attorney, carol J. Li ndsay, come to the following agreement. (Initials) ~P\(' ( Initials) and all claims or demands made against him by reason of debts or obligations incurred by her. 4, HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since May 10, 1995, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING JOINT DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: RESPONSIBLE DESCRIPTION AMOUNT PARTY A. Bank of America Visa $4,300 Husband and PSECU Mastercard B. PSECU Car Loan 5,BOO Husband Chevy Blazer C. Dr. Nester 500 Husband Ii Wife The parties agree that Husband shall be solely responsible for debts A, B, and C. Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either reason of such debts or obligations, .\, ' \ ( ) I (Initials) ( Initials) 3 In the event that either party contracted or incurred any debts, other than thoae apecifically identified herein, since May 10, 1995, the party who incurred said debt shall be responsible for the payment thereof regurdlosH of tho name in which the account may have been charged. 6. !1!l.IUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her' dght to alimony and any further distribution of property inaamuch as the parties hereto agree that thia Agreement provides for" an equitable distribution of their marital property in accordance with the Divorce Code of I9BO. Subject to the provisions of thia Agreement, each party has released and discharged, and by thia Agreement doos for himself or herself, and his or her heir"s, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either" of the parties ever had or now has against the other, except any or all cause or cauees of action for divorce and except in any 01 all causes of action for breach of any provisions of this Agreement. Each pal'ty also waives his or- her right to request mad ta 1 counseliny pursuant to 23 Pa. C. S. A. Section 3302, ~) <,~ '\ \ \ \ (1 .. ~ , (Initials) (Initiale) 4 7. EQUITABLE UISTRIaUTION: A, Husband shall sign the Spousal Waiver attached hereto as Exhibit A, releasing any interest he may have acquired by marriage in Wife's separately owned property at 1259 Peggy Drive, HUl1UT1elstown, Dauphin County, Pennsylvania 17036. Wife shall sign the Spousal Waiver attached hereto as Exhibit B releasing any interest she may have acquired by marriage in Husband's separately owned property at 322 Beverly Road, Camp Hill, Cumberland County, Pennsylvania. Each party shall continue to be solely responsible for all mortgages, taxes and other costs associated with their separately owned real estate. B. CONTENTS OF THE FORMER MARITAL RESIDENCE: As of the date of the execution of this Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within the former marital residence at 322 Beverly Road, Camp Hill, Cumberland County, Pennsylvania 17011, except for these items which Husband will deliver to Wife: NONE Wife shall remove these items from 322 Beverly Road, Camp Hill, Cumberland County, Pennsylvania 17011, on or b.~.O r;t(~~y 10, 1997. j (Initials) '~)\\i\ I (Initials) I ~ 5 I. MISCELLANEOUS PROPERTY; All property not specifically addressed herein shall hereafter be owned by the party to whom the property is titled, and if untitled, the party in possession, This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. J. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. K. Husband shall pay to Wife upon execution of this Agreement the sum of Seventeen Thousand Five Hundred ($17,500.00) Dollars. B. LIFE INSURANCE: Each party shall continue to own any life insurance policies currently in effect, without restriction as to the designation of beneficiaries. ~(l'ill"I') ~(I'ili"I") B 9. ALIMONY: Husband shall pay directly to Wife as alimony the sum of Five Hundred ($500.00) Dollars per month (in $250 installments due approximately the 1st and 15th of the month, from each pay check) until December 31, 1997. Upon ten ( 10) days default, Wife may seek wage attachment through the Office of Domestic Relations. Alimony shall terminate upon Wife's death, remarriage or cohabitation with a man, whichever shall occur first. Husband shall maintain health insurance coverage for Wife with benefits equivalent to those now provided by his employer. Said benefits shall continue until May 10, 1997. 11. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the . provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties, ~(InitialS) ,,) ~\\ , \ ( ) (Initials) , 9 estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 14. AGREEMENT NOT PREDICATED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the partie~ hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto, It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement, Husband and Wife each knowingly and \~. )) ( understandingly hereby waives any and all possible (Initials) , -);\ '\ \(' j \ (Initials) 11 into the Divorce Decree, shall not be merged in such Decree, and shall not be modified, but shall in all reupects survive the same and be further binding and conclusive upon the parties. This Agreement shall be incorporated for the purposes of enforcement only. 16. BREACH AND ENfORCEMENT: If either pal"ty breaches any provision of this Agreement, the other party shall have the right at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, A. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wit e in Egu i ty, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdictiun uf said Court on the ground that there is an adequate remedy at law, The parties do not intend or pUl"fJO!I. hel"euy tu impnl[HHly cunflH' jul'isdiction on a Court in Equlty by this A(Jn~ement, but they agree as provided herein for the forum of equity in mutual recognition of the present ""\41. >lhe law, amI in reco<jnitiun of the _ \. ,{~__"_( Initials) ( general jurisdiction of -4~-'-1( , (Initials) I J Courts in Equity over agreements such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid delay. C. Each party further hereby agrees to pay and to save and hold harmless the other party from any and all attorney's fees and costs of litigation that either may sustain, or incur or become liable for, in any way whatsoever, or shall pay upon, or in terms or provisions of this Agreement by reason of any of the terms or consequence of any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both in any way whatsoever, provided that the party who seeks to recover such attorney's fees, and costs of litigation must first be successful in whole or in part, before there would be any liability for attorney's fees and costs of litigation. It is the specific agreement and intent of the parties that a breaching or wrongdoing . party 11 bear the burden and obligation of any and all costs and (Initials) '\\'\l' 1 (Initials) 14 expenses and counsel fees incurred by himself or herself as well as the other party in endeavoring to protect and enforce his or her rights under this Agreement. 17. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. lB. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair Bnd ,equitable, that it is being entered into voluntarily, with full knowledge of the Bssets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 19, ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husb~l){)d wife acknowledge and agree that ~~(InitialS) the provisions of this ). \ \ \(' \ ( Initials) 15 Agreement with respect to the distribution end division of merital and separate property ere fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 ~ J!!liL. or any other laws. Husband and Wife each voluntarily and intelligently 'waive and relinquish any right to seek a court ordered determination and distribut ion of marl ta 1 propert y, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 20. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest, the sources and anmunt of the income of such party or every type whatsoever and of all other facts relating to the subject matter of this Agreement. , ., J \ / (Initials) - ) ----..-~~( Initials) I 16 21. MODIFICA'rION AND WAIVER: A modification or waiver of any of the proviaiona of thia Agreement ahall be effective only if made in writing and executed with the same formality as this Agreewent. The failure of either party to incict upon ctrict performance of any of the proviaions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. 23. DESCRIPTIVE HEADINGS: The descriptive headings uaed herein are for convenience only. They shall have no effect whataoever in determining the rights or obligations of the partiea. 24. INDEPENDENT SEPARATE COVENANTS: It ia specifically understood and agreed by and between the partiea hereto that each paragraph hereof ahall be deemed to be a separate and independent covenant and agreement. 25. APPLICABLE LAW: This Agreement shall be construed under the laws of the conunonwealth of Pennsylvania. \, ) (Initials) -.'- ~y\(\ , (Initials) '- 17 JOSEPH F. COVALESKI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, No, 96,2909 CIVIL TERM JEAN M. COVALESKI, Delendant CIVIL ACTION, LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORQ To the Prothonotary: Transmit the record, together with the lollowing inlormatlon, 10 the court lor entry 01 a divorce decree: 1, Ground lor divorce: irretrievable breakdown under Section 3301 (c) 01 the Divorce Code, 2, Date and manner 01 service 01 the complaint: Certilied Mail to Defendant received June 12, 1996, 3, Date 01 execution 01 the allidavit 01 consent required by Section 3301 (c) 01 the Divorce Code: by plaintlll: January 19, 199B; by defendant: February 24, 199B, 4, Date plaintill's Waiver 01 Notice in Section 3301 (c) Divorce was liled with the Prothonotery: January 27, 199B, Date delendant's Waiver 01 Notice in Section 3301 (cl Divorce was liled with the Prothonotary: February 27, 199B, 6, Related claims pending: Nono, 6, Date end menner 01 service 01 the notice of intention to lile praecipe to transmit record, 1I copy 01 which is lI\1l1ched, il the decree is 10 be entered under Section 3301 (d)( 1)(1) of tho Divorce Code, N/A__,____ ,_______________ 7, Plaintill and Delendllnt hove signed 0 Separation and Property Solllemont Agreement dllted July 12, 1996, WHEHEFORE, the COUlt is requosted 10 ontnr 1I Final Docree in Divorce in compliance wilh Section 3301 (c) of tho Divnrce Code lInd Po, R,C,P. 1920,42(1I)( 1} lInd to incorporate tho terl11S ollho Seporallon lInd Propnrly Setllol11onl Agreement in lICCOrdllnce with Secllon 301 (a)( 111lnd (411lnd 401 (bl 01 tho [)Ivorcfl Code, , ( { ,( ~.\c.'/ ( Datod: ? -I 'j'O I.dword ,). Weintrauh, [squire A\llHnllY for I'lulJlllff . . o " LAW OFFICE EDW\RD J. WEINTRAUB 2650 NORni THIRD S11IEET HARRISBURG, PENNSVLVANIA 17110 17171238,2200 FAll 17171 238,9280 . .. . . JOSEPII F. COVALESKI, Plaintiff IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. CIVIL ACTION - LAW JEAN M. COVALESKI, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Joseph F. Covaleski who currently resides at 32 Argali Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Jean M. Covalseki, who currently resides at 322 Beverly Road, Camp lIill, Cumberland County, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Conunonwealth of Pennsylvania for a period of more than six (6) months inunediately preceding the filing of this Complaint, 4. The Parties were married on December 31, 1990, in Mechanicsburg, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its a llies within the provisions of the Soldiers' and Sailors' civil Relief Act of the Congross of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNT I. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 ( c l OF THE DIVORCE CODE B. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. 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 date of the filing of this Complaint, Plaintiff respectfully requcsts the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT I I . REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(dl OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 12. The marriage of thc Parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that /""'. ,J ;f Y' ~ .~ ~, '-I t~ . ,) - IJ ~ r '1. 110 , ) "'" Ii L:l ~ ~ \t; , , ~ .~ ,~ .~ ~ ," "l'\f ~ .1 ...' .~' '.J e .J 'J e, '~ \ ~. ~ '-.J Iv) ~ ~ \.r\ - l~ ~ I- I.. i I:A J>- ., ... ." . .' ., I if: "" "'7 Ci ,. " ~} t I N . C7'I , !l!i ;.. ~.~ ,., ...., . JOSEPH F, COVALESKI. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 95-2909 CIVIL TERM v. CIVIL ACTION ,,- LAW JEAN M, COVALESKI. Defendant IN DIVORCE AFFIDAVIT OF CONSflli 1, A Complaint in Divorce under Section 3301 lcl of the Divorce Code was filed on May 30, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (901 days havo elapsed from the dete of the filing of the Complaint. 3, I consent to the entry of 0 finol decree in divorce ofter service of notice of intention to request entry of the decree, I verily that the statements made in this affidavit are true and correct. I understand that folse statemunts heroin !lIO mode subject to the penalties of 1 B Pa,C.S, Section 4904 relating to unsworn falsilicotlonlo authorities. Dato: (." <{- Ii' 7 j/ / I I '7/X . 1 '/..~:~~I " / {('I od~,)/.[J. JrlSoph F, Covoleski .,.. -' [T, -'" : ~; ~ ~ d' C "J..; ~i' ~'; ::7. f'-', ~ .,,':j 1.1, . '-;,- t' ,") , ti'/ )i' 1.,. 1:1" i~" - .::w to' ~ J - ~ , "~Ill. i r..j :~ I, ,... '.J tJ <7' U "- i-r. ~ i-c- ~~ II ! ~~- , - : ~ '; L '" 1: It-', .,' a... ..:~ (~~ c'') . ',.t. .n ['ill -. ,i.~ LLI: ~.' 1\:0 I "J c,!u.. '", ,... ? u C" \) JOSEPH F, COVALESKI, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 96-2909 CIVIL TERM v. CIVIL ACTION.. LAW JEAN M, COVALESKI, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 30, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce alter 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 10 the penalties of 18 Pa.C,S. Section 4904 relating to unsworn falsification to authorities, Data: '- 1 II. ( ( k / I " -004 /1' I (,t, Jllsoph ~. Covaleski I ,f. , 1.(1 ,