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HomeMy WebLinkAbout95-06554 , -' [. " '- . ~' :r' . ~"i ;, J':~ ,_, ;;:;c,. ':-., ~. l:i\ t-:,., tN-,.,- ~'JJ1,,- H~; .' I, , ... -. ... ' ~~-~~~~~~~~---------~~~-~--~~~ · -;-' --~j'--- I' .. . ~ IN THE COURT OF COMMON PLEAS . . . · OF CUMBERLAND COUNTY . 8 ; :. * . . - : STATE OF "7\'~ _' PENNA. : . " . . . ..GIA .1.. KOVALIK. I! . . Plaintiff, N (), u?,?:::~,??.4..,:: CJy,U,..u.. , . " uuuU"u uu '''Uu'u, " . . V ,: . el';oHls , . ..~ICIll\RDJ.KOYALIK, . . " " , . Defendant ,: . . . 8 ~ ' . ~ DECREE IN . . :. : DIVORCE . . . ~ AND NOW. ",D.:t.~e.,"'"~""",,, 19."" it is ordered and ~ ~ decreed that ,G:j.~,~, .~Qv~UL,......... .., .., .......... .. ...., plaintiff. ~ ~ and Jl,i~/1!lI'P, ~'" J{,o,v,a,l,i,k, , , , . , , " , " , , , , " . , , , , , , " , , , , " , , , , , '. defendant. : . are divorced from the bonds of matrimony, ;,; - ~ . The court retains lurlsdictlon of the following claims which have . ~ been raised of record In this act/on for which a final order has not yet : . been entered; :. 8 · , , .". .Q4~Uf;j,l\t\ ,QQII)l\II~j,~ .I~l\J,~UQnll ,Qr:t\!1r: .1l11r:llllqn~ .~Q .1?r:QIl!1r:~ll,Se~tlel1lent,. . : i~d:;::;;~~:~i~t~~~hi~~~d;~~~i~~~i~~~~~:g~~~~~~~.q~~~q.~~~y',4<,~??q,~~.", 8 . ~ -. - . .. ., ~ S Ii! I~ --- ---,----.'....., .- ,,-, ".---."...". - ..,.. .... '" - . M .---------------------- .,Th. (JJ'~I.. 01. (. Alle.1I {-d., "..1,. r7 I~~,$ ;,q -.I.) ..,. J. ,~'-.:.-~ t<.:1 I - ~ .~4i:"t';fc1r.~ra.J1' . J; ,.t-" "",:;"7,~-/ ,'kZ'yJ/Ji, V"J/'r.;,:4 ' / iWolhonolRry ~ 1IJ''1'1t' d../ (~.7 ,AH~~' tt t't:tJ ~~~r;<#,.....41' ItJ 'f! Yr n..-t-w /",...t!:/ it. d2fr ('if,)....~~ . ..~ ,.. ~- - .. . PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of .!Ut.( , 1996, by and betwesn RICHARD J. KOVALIK, hereinafter called "Husband", and GIA L. KOVALIK, hereinafter callsd "Wife". WITNESSETH: WHEREAS. Husband and Wife were legally married on August 23, 1980: WHEREAS, differences have arisen between Husband and Wife in consequence of which they dsslrs to live separate snd apart from each other; WHEREAS, Wife has Instituted a divorce action Indexed to No. 96.6554 Civil, In the Court of Common Pleas, Cumberland County, Pennsylvania; and, WHEREAS, Husband and Wife desire to settle and determine their rights and obligations and further Intend to execute all documents Including, but not limited to, Affidavits and Waivers to finalize the pending divorce action. NOW THEREFORE, In consideration of the premises and covenants contained hersln, It Is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from Bach other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. I . ') 2. INTERFERENCES. Each party shall be free from Interfersnce, authorltv and control by the other, as fUlly as If he or she were single and unmsrrled, except as may be necsssary to carrv out the provisions of this Agreement. Neither partv shall molest or attempt to endeavor to molest the other, or In any way harass or malign the other, nor In any other way Interfere with the peaceful existence. separate and apart from the other. 3. DIVISION OF REAL PROPERTY. The parties were the owners ss tenants by the entireties of propsrty located at 136 Partridge Circle, Carlisle, Cumbsr/and County, Pennsylvania, which propsrty was sold on April 19, 1996. Said sale gsnsrated settlement procesds in the amount of Elevsn Thousand Three Hundrsd Elghtsen and 09/100 ($11,318.091 Dollars which sum has bsen escrowed pending a full settlement of all marital property Issuas. 4. DIVISION OF PERSONAL PROPERTY. The partlss have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal propsrty which have heretofore bsen used In common bV them, and neither party will make any claim to any such Items which are now In the possession or under the control of the other. Should It become nscessary, each party agrses to sign any title or documents necessarv to glvs effsct to this paragraph, upon request. The exception to ths abovs shall be ths dining room furniture (table, six chairs and hutch). Wife shall be 2 . responsible for moving this furniture from the marital residence no later than one (1) wsek befors the flnalssttlement Is held on ths resldsnce. 5. MOTOR VEHICLES. The parties are Joint owners of a 1994 Saturn which shall be transferred to Wife Individually as her sole and separate asset. Upon the execution of this Agrssment. Wife shall be solely responsible for Insurance on the said vehicle. There Is prssently a loan through the Pennsylvania State Employees Credit Union on the vehicle. The loan has a balance of approximately $12.700.00. The said loan paymsnts are paid at a rate of $335.84 per month with the balance due to be psld on or about July of 1999. Husband agrees that he shall continue to make the aforementioned car payment directly to the Pennsylvania State Employees Credit Union. This payment shall be considered as alimony. includable to Wife as Income to her on her fedsra\ income tax return and deductible to Husband on his federallncoms tax return. Husband shall have the option. at his election, to prepay the balance dus to ths Crsdlt Union consldsrlng this payment as alimony regardless of whether or not said payment Is made In a lump sum or In monthly payments. Husband agrses to attsmpt to secure the release of the title for the purpose of transferring the vehicle to Wife Individually at the time of the execution of this Agreement. In the event ths title to the vehicle cannot be released. Husband will sign a Power of Attorney authorizing the transfer of the vehicle to Wife upon the release of the car title from the Credit Union. 3 Husband shall retain ownership of the 1991 Dodge Caravan and shall be solely responsible for the balance due on said vehicle. Wife agrees thet she will cooperate In any attempts to transfer the title Immediately, or In the alternative, will sign a Powsr of Attorney permitting Husband to transfer the title at the time the vehicle Is paid In full. Husband agrees to Indemnify and hold Wife harmless on both the payments on the 1994 Saturn and the 1991 Dodge Caravan. 8. 1lUI. In addition to Husband assuming ths balanca on the Saturn and ths Dodga Caravan, Husband shall be rssponslbls for the following debts: 1. PSECU Visa Account No. 0178489095 with an approxlmata balance of $1,900.00; 2. Montgomsry Ward Account No. 062 774 479 with an approximate balance of $620.00; 3. J.C. Psnney Account No. 029-030-904-6 with an approxlmats balance of $240.00; 4. Dauphin Daposlt Mastercard Account No, 5418 7317 03685219 with an approximate balance of $425.00; 5. Boscov's Account No. 003030229 with a zero balance; 6. Mobil Account No. 895 412431 2 with a zero balance; 7. Discover Account No. 6011 0024 4451 2206 with a zero balsnce; 8. Cltgo Plus Account No. 603484015 with a zero balance; 9. Sears Account No, 54 84064 80579 0 with a zero balance; 4 10. Exxon Account No. 312 512 475 4 with a zero balance; 11. Texaco Account No. 13-670-5406-9 with a zero balance; 12. Amoco 011 Company Account No, 489-518-150,3 with a zero balance; 13. Bon-Ton Account No. 058-919-663 with a zero balance; and 14. Bon-Ton Account No. 055-530-091 with a zero balance. All of the aforementioned debts set forth herein, as Indlcatsd, shall be Husband's sole and separate responsibility. In the event any of these accounts are joint accounts, they shall be terminated and Husband shall be solely responsible for any payment, excepting the Texaco account In 11 above. which shall become Wife's sole and separate responsibility and Husband shall cooperate In having this account transfsrred to Wlfa If necessary. Pending transfer to Wife. Wife shall Indemnify and hold Husband harmless on any obligation on the aforementioned Texaco account. All further debts Incurred by the parties shall be their Individual responsibility. 7. ALIMONY, Notwithstanding the provisions of Paragraph 5 above, Husband agrees to also pay to Wife In the form of alimony, the sum of Two Hundred ($200.00) Dollars per month through and including the month of July, 1999. These payments shall be accomplished by a monthly direct deposit Into Wlfe's Farmers Trust, noW Financial Trust Company, checking account. Said deposit shall be made within the first ten (10) days of each month. For a period of twelve (12) months beginning August of 5 1999, Husband shall pay to Wife In the form of alimony with the conditions as eforsmentloned, the sum of $350.00 per month. All such payments by Husband to Wife shsll be deemed alimony, as dsflned In Section 71 (bl (1) (A) of ths Internal Revenue Code ss smended, and as said Section Is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when recslved by Wife, shall be deductible In the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall bs Includable In the year of receipt In the gross Income of Wife pursuant to Section 71 (bl (1) (AI of the Internal Rsvenue Code, as amendsd or any similar future laws or regulations thereto. Provided, howsver, that all payments of alimony from Husband to Wlfs shall terminate upon the death of Wife or upon Wife's remarriage or cohabitation, provided such cohabitation Is with anyone other than a membsr of Wife's family. 8. CERTIFICATES OF DEPOSIT. Wife shall be entitled to retain as her sole and separate property, a certificate of deposit Identified on Husband's PSECU account as C2 - Growth Share Certificate to mature on or about August 20, 1996 with an approximate balance at maturity of $3,934.65. Husband shall continue to make the $50.00 deposits Into said certlflcats on a psr pay basis with the last payment due on August 9, 1996. 6 Husbsnd shall retsln ownsrshlp of the C3 . Growth Shsre Certlflcste, ss Identified on Husband's PSECU account, having an approximate balance st date of maturity of $3,832.50. Husband shall continue to make the $50.00 deposits Into said certificate on a per pay basis with the last payment due on August 9, 1996. At the time of maturity, Husband shall taks whatever steps are necassary to transfer the said Csrtlflcate of Deposit to Wlfs Individually and In the meantime, shall make deposits as set forth In this Agreement. 9. SAVINGS BONQ,i. Wife shall retain as her sole and separats property all savings bonds prssently In hsr possession. 10. BANK ACCOUNTS. Husband shall retain as his sole and separate property his PSECU checking account number 0178489095 Identified as S 4 . Moneyhandler/Checklng, and his PSECU savings account number 0178489095 Identified as S 1 - Regular Shares. Wife shall retain as her sole and separate property hsr checking and savings accounts with Farmers Trust, now Financial Trust Company, 11. PENSIONS. Each party shall waive claims they may have against the other's pension plans. Wife shall retain as her sole and separate property her pension and employee savings plan with Commercial Union Insurance, and Husband shall retain as his sole and separate property his Interest In the State Employees Retirement System psnslon as 7 well al hll deferred compsnsatlon plan. By executing this Agrsemsnt, esch party agreel to sign any documents necessary to effectuats any waiver of claims In the other Pllrty's plans. 12. EQUITABLE DISTRIBUTION. HUlband sgrees to pay to Wlfs In the form of equitable distribution the sum of Twenty Thousand (.20,000.00) Dollars payabls as follows: Upon the execution of this Agreemsnt, counsel for Wife shall transfer to Wlfa the balance In the Interest bearing escrow account being hsld In the Joint names of the partlss. Husband agrees that at ths time of the exscutlon of ths Property Settlement Agreement he will exscute any documents necesssry to release said funds to Wife. Wife's counsel shall promptly supply Husband's counsel with a copy of a statement showing the balance transferred to Wife snd Husband shall, within tsn (10) days of rscelpt of the verlflcstlon of ths balance transferred, take the necessery steps to transfer sn emount from the Copelsnd Fund (Husband's "Deferred Compensation Plan") to Wife as her Individual assst In order to make up the dlffsrencs between the transfer of funds In the escrow account and the sum of Twenty Thousand ($20,000.00) as aforementioned. Husband further agrees that any Interest sccrued on the said Copeland Fund transfer occurring after ten (10) days of the date of the certification of the proceeds shall accrue to Wife. The transfer of the funds to Wife's name Individually shall be accomplished pursuant to a Qualified Domestic Relations Order to be prspared by counsel for Husband. 8 13. 1995 INCOME TAXES. The parties agree that they shall file a joint Income tax return for the tax year 1995 end shall divide squally any refund generated by the filing of the return. Husband shall be solely responsible for any liability of the return. 14. TAX ON PROPERTY DIVISION. Husband hereby agrees to pay all Income taxes assessed against him. If any. es a result of the division of the property of the parties hereunder. Wife hereby agrsss to pay all Income taxes assessed against her. If any. as a result of the division of the property of the parties hereunder, 15. BREACH. If either party breaches any provision of this Agreemsnt. the other party shall have the right, at his or hsr election, to sue for damages for such breach. The party breaching this contract shall be responsible for the paymsnt of legal fees and costs Incurred by the other In enforcing his or hsr rights undsr this Agreement, or seeking such other rsmedy or relief as may be available to him or her. 18. FULL 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. The parties further warrant and represent to the other that they have fully disclosed sny other facts relating to the subject matter of this Agreement and essential to the Implementation of this Agreement. 9 17. ADDInONAL INSTRUMENT. Eech of the parties shell on demand execute and deliver to ths othsr any deeds, bills of ssle, assignment, consents to change of beneficiary on Insursnce pollclss, tax returns end other documsnts and do or causs to be done any other act or thing that mey be necessary or deslrabls to the provisions and purposes of this Agraement. If either party falls on demand to comply with this provision, that party shall pay to the other all attornsys' fees, costs and other expenses reasonably Incurred as a result of such failure. 18. WIFE'S DEBTS. Wife represents and warrants to Husband that since the parties' separation she has not and In the future she will not contrsct or Incur any dabt or liability for which Husband or his estate might be responsible and shall Indemnify and sava Husband harmlsss from any and all claims or dsmands made against him by reason of debts or obligations Incurred by her. 19. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and In the future he will not contract or Incur any debt or liability for which Wife or hsr estate might be responsible and shall Indemnify aOll save Wife harmless from any and all claims or demands made against her by reason of dsbts or obligations Incurred by him. 10 20. WAIVERS OF CLAIMS AGAINST ESTATES. Except as hersln otherwise provided, each party may disposs of his or her property In any way, and Bach party hereby waives and rellnqulshss any and all rights ha or she may now have or hereafter acquire, under the pressnt or future laws of any Jurisdiction, to share In the property or the estate of the other as a result of the marital " relationship, Including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take In Intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estats, and each will, to the request of the other, execute, acknowlsdgs, and deliver any and all Instruments which may be nscessary or advisable to carry Into effect this mutual waiver and relinquishment of all such Interests, rights and claims. 21. REPRESENTATION. It Is recognized by the partlss hereto that Richard J. Kovalik is representsd by John J. Connelly, Jr., Esquire and Gla L. Kovalik Is representsd by John R. Belnhaur, Esquire. It Is fully understood and agreed that the partlss have the right to heve advice of counssl prior to the Signing of this Agreement. By the signing of this Agreement, each party understands the legal Impact of this Agresment and hss either consulted with their attorney or hsrsby waives his or her right to have this Agresment reviewed by an attorney of his or her choosing, and further acknowledges that the Agreement Is fair and reasonable and each party Intends to be legally bound by the tsrms hereof. 11 22. VOLUNTARY EXECUTION. The provisions of this Agreement are fullV understood by both parties and each party acknowledges that this Agreement Is fair and equitable, that It Is being entered Into voluntarily and that it Is not the result of any duress or undue Influence. 23. ENnRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undsrtaklngs othar than those expressly .et forth herein. 24. 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. 25. MODIFICAnON AND WAIVER. Any modification or walvsr of sny provision of this Agresmsnt shall be effectlvs only If made In writing and exscutsd with the sams formality as this Agreement. Ths fsllure of either party to Insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 28. GOVERNING LAW, This Agrsement shall be governed by and shall be construed In accordancs with the laws of the Commonwealth of Pennsylvania. 12 27. INDEPENDENT SEPARATE COVENANTS. It Is specifically understood and agreed by and between the parties hereto that Bach paragraph hereof shall be deemed to be a separate and Independent covenant and agreemsnt. 28. YOID CLAUSES. If any term, condition, clause. or provision of this Agreement shall be determined or declared to be void or Invalid In law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and In all other raspects this Agreement shall be valid and continue In full force, effect and operation. 29. ENTRY AS PART OF DECREE. It Is the Intention of the parties that this Agresment shall survive any action for divorce which may be Instituted or prosecuted by either party and no order, Judgmsnt or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be made a part of any such Judgment or decree of final divorce. 30. DIVORCE. The parties agree that they shall execute, at the time of the execution of this Agreement, Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree. Counsel for Wife shall Immediately file a Praecipe to Transmit the Record Including all of the aforementioned documents In order to promptly finalize the Decree In Divorce. 13 31. DOMESTIC RELATIONS CODE OF THE COMMONWEALTH OF PENNSYLVANIA. Except as specifically provided In this Agreement, each party waives any claim they may have against the other undsr the Domestic Relations Code of the Commonwealth of Pennsylvania Including, but not limited to, alimony, alimony pendente lite, counssl fees, costs and squltable distribution of marital property. 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, WITNESS: ~tl,/M. Jo R. Beinhaur, squire ~Ib.. ~ ~QU~ Gla L. Kovalik 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~U}l.- , ss. On this. th~day of ~{1{j- . 1996. bsfore me. a Notary Public. psrsonally appesred Richard J. Kovalik. known to me to be the person whose name Is subscribed to the within Property Settlemtlnt Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto sst my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF l!..uM!'Sf jL. L 14. #..J() ss. ..... NOTAIIIAlSfAl. ~.,,;~~~ Myc:...,., , lb.. EXpm C at. 'M On this. the !fh.. day of - J u{ I( . 1996. befors me. a Notary Public. personally appeared Gla L. Kovalik, known to me to be the psrson whose name Is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal, fAcuuJ) ~LLw- NOTARY PUBLI Notartal Seal John R. IIelnhaur, Notary Public Hampden Twp.. Cumbertand County M'/ Commlulon E'plr.. Mlrch 13, 11199 ... IN lllE COORT 'OF ca+lON PLEAS OF ClJ.1llERLI\ND COJN'I'Y. PENNSYLVANIA GlA L. KOVALIK. Plaintiff CIVIL 1995 NO. 95-6554 vs. RICHARD J . KOVALIK. 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. Grounds for divorce: irretrievable breakdown under Section 330l (c) IIllX1ll1ll of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: U.S. First Closs Certified Hail, Return Receipt attached hereto as Exhibit "A". 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 the plaintiff Sentember 18. 1996 by the defendant September 18. 1996 B. (1) Date of execution of the plaintiff I s affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related clatms pending: Qualified Domestic Relations Order under Property Settlement ARreement 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 ~ of the Divorce Code Waivers attached hereto executed September 18. 1996 by Plaintiff and September lB. 1996 by Defendant q,t!!:!!{rj,~-. .., ~(It.) f1., ;;C/lW/t4,/Jftl ~~. ~,IJt,+1> S'~ I S7J'ze. .,,.,'rId(' t&"J,~'UA""'lSl.u" IMIPOSf" '?11-t; '1/- 5tlco >- 0:; IF ~.; r: c Ct. L.< Ei:k' F t5 ~ .. C'l c:: .:..; u.. C> ("J Q.. Ll.. cr. u:> (Jl ,-- r~ ~j .~. '. )-j ;.:.J ;;i~ ~j:f~ :} ;') '-j;D '~l u... :;; <:..) ~- -' f.: r;: c: . -,", :5., Ie U.1~- ..' ,'). CY, i.)~? C' ,~~~ J_ ' ~ l.r 't, ",' .l !) 6- , , ..l!;J l ,- <, , I," ~L:-I(a 17:' {,. , I t:')u. ..., (:!: ., ,:) '-, 'I' c.> '... GIA L. KOVALIK, IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiff, 9s - I..~C~ e,......l '--T"f R./>'} v. . NO. 1995 . . . RICHARD J. KOVALIK, . CIVIL ACTION - LAW . . . Defendant, IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding fiUed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as emended, you may request that the Court require you and your spouse to attend marriage counseling priur to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Cuurthouse, Courthouse Square, High and Hanover Streets, CarliSle, Pennsylvania 17013. You are advised that this list is kept a8 a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. GIA L. KOVALIK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff, . . v. NO. 1995 RICHARD J. KOVALIK, CIVIL ACTION - LAW Defendant, . IN DIVORCE . COMPLAINT COUNT I - Divorce 23 Pa.C.S.A. ~33011cl 1. plaintiff Gia L. Kovalik, is an adult individual residing at 136 Partridge Circle, carlisle, Cumberland County, pennsylvania 17013. 2. Defendant Richard J. Kovalik, is an adult individual residing at 136 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 3. plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 23, 1980 in Lackawanna County, pennsylvania. 5. plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There has been no prior action of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the united States of America. 8. The marriage is irretrievably broken. 9. 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 ill counseling. 10. Plaintiff avers that there are no children born of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Divorce 23 Pa.C.S.A. i3301lal121 11. The averments of paragraphs 1 through 10 are incorporated herein as if set forth in full. 12. Defendant has, in violation of his marriage vows and the laws of the Commonwealth of Pennsylvania, committed adultry. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT III - Equitable Division. Distribution and Assianment of Marital Property 13. The averments of paragraphs 1 through 12 above are incorporated herein by reference as if set forth in full. 14. The parties are the owners of various items of personal property and real property which qualify as marital property as defined in Section 401 of the 1980 Divorce Code, as emended. 15. Said marital property is subject to equitable division, distribution and assignment by the Court. alA L. KOVALIK, IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I PENNSYLVANIA plaintiff v. RICHARD J. KOVALIK, CIVIL ACTION - LAW IN DIVORCE - NO. 95-6554 CIVIL Defendant P!<i,,,k.{h ,.BPE1l8l\llT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 16, 1995. 2. The marriage of the plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the prothonotary's Office, which list is available to me upon request. Being so advised, I do not request thftt 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.A. Section 4904, relating to unsworn falsification to authorities. DATE: 9/I~l1b GiPL~OV~~k ~(X){J0t " " ii7 '- c: r.. , " i-~ .. ,".,..l =-~ ~~ ..:r '.J.~ l> .-.. '~~~ ~. a... '. .,- ~(; c. ';~ i/J L.. ") < .2<~ 10,' o. liitd Fi= Lu "'Ll. V. ..': lo. ll') :..l 0 'J> U T " _.~.'.~l.h.+... ~ - " ~, c:: 1,-" ~S ..;1 ',:,"'". \i' ~ " I._I i:. Cl ';-.') .- c~j ! ;.; ;..J c.. ' ~- ,:i u:\ \-'. IC\. r: V: II, Lr1 1 0 0" i~J . ' , .. . GIA L. KOVALIK, . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiff : v. RICHARD J. KOVALIK, Defendant CIVIL ACTION - LAW IN DIVORCE - NO. 95-6554 CIVIL WAIVER OF NOTICE OF INTENTIO~ TO REOUEST ENTRY OF A DIVOjtCE DE~~EE UNDER SE~~JON 3~OI{cl 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 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.A. Section 4904, relating to unsworn falsification to authorities. DATE: 9ft 8/'16 j!}' Jl I) . _ f\ UL ,:); 1\OVcuL-~ L. Kovalik q- i8 -9{, Gia " ..... /j~ Co ~. -~ ~ . 1--' .. IJJ!~ J";~ ~f' .. -' ;"r~ ~f c_ :~ Cl '(n $'.' " ... ,....; ..... --II a... itiJ ~ I...Li ."IL1- (..; ", ,., ;'.') 0 C\ (J . .. , . I' " OIA L. KOVALIK. Plllntlff IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA NO. 95-6554 CIVIL v. RICHARD J. KOVALIK. Dlflndant CIVIL ACTION - LAW IN DIVORCE ~~~:~~~:C~~~~~~~NTENTION TO REQUEST ENTRY OF A R I 33011cl 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 I do not claim them before a dlvorca Is granted. 3. I understand that I will not ba divorced until a Divorce Dacree Is entered by the Court and that a copy of the Decree will be sent to ma Immadlataly after It Is flied with the Prothonotary. I varlfy that tha stataments made In this Affidavit are trua and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: 9 - / t -q(; >- ('>1 cr, c: I':: .. 1..1" LUC.' ... ;~:: Ern . . l...~" 1'_:1 9L r l::l fJ? ~~ ,.; ,..,;..... r. i,'1 LC.- 'J.' :..-~ ~\.,. r:.' (.0: '0. \. ~:: , -.' Ll u' . . ., .