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HomeMy WebLinkAbout00-04459 ,,. . . ,~ ,'" ,t, " . . ;Ii;li ;Ii:li:li'" '" '" . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KRrpn T. Thlr7.p~kip! . Plaintiff NO. 00-44'59 VERSUS Charles E. Buczeskie, Defendant . . DECREE IN DIVORCE NOW'~ ;\ AND t 3tt ~Pl-'t . ~ , IT IS ORDERED AND . . . Karen T. Buczeskie DECREED THAT , PLAINTIFF, . AND r.nRrlp~ ~ ~lr7.p~k;p , DEFENDANT, 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 Marital Settlement and Property Distrihlltion Agreement signed hy the PRrt;PR nRtpn .nl1y ?~, 7000 i~ hprpny ;n~nrrnrRtpn ;ntn th;~ Oprrpp ;n Divorce. . .. J. PROTH NOTARY . . . . '" :Ii "';Ii '.''; -'-, . :Ii "'~"f. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !II ..1 " , . III/'IX) M-~~7b44 ~ /i'f'Ot? 'Y1~ ~ ~~- .. ."l'Il -- - t J ll,""~~'mP~~~FlJiI!.~1fflm~I01f!!l~~~*lIlI~__","",,",,~",,,,,_ m.'~' = , ~ ,,~,o\llIIlIffllilll!!IIiWIlIl-<...,~,,~~ _ -~" .-,l.'-- :::'~ 1 - , , -;. <"-- < . , , , . , , , , . .4 II , J,000 '-L\'-\51 MARITAL SETTLEMENT AND PROPERTY DISTRIBUTION AGREEMENT This MARITAL SETlLEMENT AND PROPERTY DISTRIBUTION AGREEMENT (hereinafter, this "Agreement") is made effective as of the 25th day ofJuly 2000 by and between Karen T. Buczeskie, (hereinafter, "Plaintiff') who resides at 4 Jessica Drive, Carlisle, Cumberland County, Pennsylvania, and Charles E. Buczeskie, (hereinafter, "Defendant") of Carlisle, Cumberland County, Pennsylvania, They are collectively referred to herein as the "Parties", i " -I" i: i.; ARTICLE I. RECITALS 1.01. Consideration, The consideration for this Agreement includes the mutual benefit to be obtained by both Parties and the mutual covenants and agreements of the Parties to each other, 1.02. Agreement Voluntary and Clearly Understood. Each Party to this Agreement acknowledges and declares that he or she, respectively: (1) Is represented by counsel of his or her own choosing, or has had the opportunity to obtain independent counsel of his or her own choosing and has knowingly and intelligently waived his or her right to counsel; (2) Is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the Parties; (3) Enters into this Agreement freely, voluntarily and under no constraint or undue influence; (4) Has given careful and mature thought to the making of this Agreement; (5) Has carefully read each provision of this Agreement; and (6) Fully and completely understands each provision of this Agreement, both as to subject matter and legal effect. PAGE I INITIALS: Plaintiff: -K, ~ , Defendant: L E: &. A, , , -<< ~- < '" , - , - " ,- '-1--, , " ,'~__, , .~- -, -- "- , " . . 1.03. Agreement Prepared Jointly by Both Parties. This Agreement has been prepared by the joint efforts of the respective Parties and/or attorneys for each of the Parties. 1.04. (a) Incorporation Into Divorce Decree, Plaintiff initiated an action for divorce on June 27,2000 in the Court of Common Pleas of Cumberland County, Pennsylvania in docket No, 00- 4459 Civil Term, The Parties intend that this Agreement will be incorporated into the final divorce decree and understand that the executory provisions contained in this Agreement will be subjectto the continuing jurisdiction of the Cumberland County Court of Common Pleas, 1.04. (b) Finality of Agreement. Notwithstanding anything to the contrary contained in Paragraph 1,04(a), above, the Parties intend that the provisions governing the settlement of their property rights contained in this Agreement will be final and non-modifiable, other than by subsequent agreement of the Parties; those provisions are intended to survive any court order or decree of divorce, and will be enforceable as the independent contractual obligations of the Parties after the entry of any such order or decree. 1.05. Date of Marriage. The Parties were married on August 19, 1989, in Cumberland County, Pennsylvania, and ever since that date have been, and are now, husband and wife, 1.06. Children of Parties, There are no children of this marriage or any other union, 1.07. Separation of Parties and Grounds for Divorce. The Parties agree that their marriage is irretrievably broken and that sufficient grounds exist for a divorce from the bonds of matrimony to be issued, The Parties stipulate that they are currently living separate and apart, as that term is used in the Divorce Code, and that they have lived separate and apart since June 27,2000, PAGE 2 INITIALS: Plaintiff: 1<', fJ ,Defendant: C C6 ~- - . .;.. ';~ , I; , . " , , r i , i I " -, ~ ,>' . -','_,:1;,_- . , "~''" ;" ';", 0 -, ", , . " ,. ili F' " .< .' I~ I I'i " h i'l ,.' i.' I' r: 1.08. Vacllting Residence and Removal of Personal Property. Defendant shall vacate the residence located at 4 Jessica Drive, Carlisle, Pennsylvania and he shall remove all of his personal belongings and possessions therefrom no later than July 30, 2000. Notwithstanding the foregoing, the Defendant may store personal property in the accessory building (garage) located on the property until September IS, 2000. Defendant will remove all of his personal property from the accessory building no later than II :59 P.M. on September 15,2000. Any personal property not removed by the Defendant shall become the personal property of the Plaintiff as of 12:00 AM. on September 16, 2000, and the Defendant agrees hereby that, as of the aforesaid day and time, he does transfer and convey all of his right, title and interest in and to the said property to the Plaintiff Upon reasonable notice given to the Plaintiff and, after receiving the Plaintiff's express consent so to do, the Defendant may enter onto the Plaintiff's property and enter the accessory building for the sole purposes of removing the said property andlor repairing, remodeling or working on Defendant's motor vehicles, but for no other purpose. . .. I [ , , ~' I: , . I ~ ~ I r I f , ! t I I I I I ARTICLE II. PURPOSES OF AGREEMENT AND EFFECTIVE DATE 2.01. Settlement of Property. It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 40 I (e) or that is referred to in this Agreement as "marital property", as between themselves, their heirs, and assigns. The Parties have attempted to divide the marital property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing marital property is not intended by the Parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. PAGE 3 INITlALS:Plaintiff: K.T~, Defendant:C c:g, ^ 1.-,> , " f ,',;,-" , ;. " .. " 2.02. Waiver of Alimony, Snpport, and Maintenance. Defendant and Plaintiff do hereby waive, release, and surrender any rights they may have against the other for alimony, support, andlor maintenance. From the date of this Agreement, it shall be the sole responsibility of each of the Parties to sustain himself and herself without seeking any support from the other Party. The Parties hereby acknowledge that each has secured and maintained a substantial and adequate fund from which to provide himself and herself sufficient financial resources to provide for his or her comfort, maintenance and support in the station of life to which he or she is accustomed. 2.03. Effective Date. This Agreement shall become effective on the date of execution. 2.04. Agreement Not Contingent on Divorce. It is specifically understood and agreed to by and between the Parties hereto, and each of the Parties hereby warrants and represents to the other that the execution and delivery of this Agreement is not predicated upon or made subject to any agreement for the institution, prosecution, defense of, or for the non-prosecution or non- defense of any action for divorce, either absolute or otherwise, upon just, legal and proper grounds nor to prevent either Party from defending any such action which may, has been, or shall be instituted by the other Party, or from making any just or proper defense thereto. 2.05. Effect of Divorce Decree. The parties agree that unless otherwise provided herein, this Agreement shall continue in full force and effect, irrespective of whether the Parties obtain a divorce or not. 2.06. Effect of Reconciliation. In the event that the Parties reconcile and resume cohabitation, regardless of whether they subsequently remarry each other, this Agreement shall remain in full force and effect. PAGE 4 INITIALS: Plaintiff: ./17 B ,Defendant: Ct;/3 "< ~', ,,,.I. " .1- ., L ,. " ARTICLE m. GENERAL PROVISIONS 3.01. Release of All Claims. Except as specifically set forth in this Agreement, each Party to this Agreement releases the other from all claims, liabilities, debts, obligations, and causes of action that have been incurred during the marriage between the Parties. 3.02. General Duty to Indemnify. Each Party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, on which the other Party is or may be liable. Each Party covenants that if any claim, action, or proceeding is initiated seeking to hold the other Party liable for any debt, obligation, liability, act, or omission related to the marriage of the Parties for which that Party is responsible under the terms of this Agreement, the responsible Party will, at his or her sold expense, defend the other against the claim, action, or proceeding. In addition, each Party covenants that he or she will indemnify and hold harmless the other Party with respect to all Damages resulting from the proceeding. The term "Damages", as used in this Agreement, shall include, without limitation, any loss, cost, or other liability that results from the prosecution of any claim, action, or proceeding, including reasonable attorneys' fees and other expenses incurred in the prosecution of the claim, action, or proceeding or in an attempt to avoid such litigation. To be includible, "Damages" must result from an inaccurate representation made by or on behalf of either Party to the other in or pursuant to this Agreement, or from a breach of any of the covenants, promises, or obligations made by or incurred by either Party in or pursuant to this Agreement. Each Party agrees to give the other prompt written notice of any litigation, demand, claim, action, or proceeding that is threatened O! instituted against him or her and that might constitute the basis of a claim for indemnity pursuant to the terms of this Paragraph. 3.03. Credit Cards and Accounts. All existing charge accounts and credit cards in the names PAGES INITIALS: Plaintiff: /(r Ij , Defendant: C' CL:. '"<'~~'" :, . ,- " i 1 [ ~ ,> ..,' i' I: ;j ,. '___=_"r'_ r' 1-' ~ L .'. ~A.- " " , , " , of Defendant and Plaintiff, or in the name of either of them under which the other Party could be extended credit for purchases, shall be closed or surrendered to their issuer as of the effective date of this Agreement. 3.04. Right to Live Separately and Free From Interference. The Parties shall live separate and apart from each other, and neither Party shall interfere with the other Party in any respect. Each Party may carry on and engage in any employment or other activity as he or she may deem desirable for his or her sole use and benefit. Neither Party shall interfere with the use, ownership, or disposition of any property now owned or subsequently acquired by the other. 3,05. Acts Prior to Entry of Divorce Decree. The Parties agree that from the date of execution of this Agreement through the date of entry of the divorce decree neither will dispose of any martial property other than in the ordinsry course of business, without the written consent of the other. Neither shall enter into any transaction or perform any act that would constitute a breach of the representations, warranties, or promises contained in this Agreement. Each Party will afford to the other or their representative, reasonable access, during nomtal business hours, to the books and records of all marital property, and will cooperate in their examination. No examination, however, shall constitute a waiver or relinquishment by either of the right to rely on the covenants, representations, and warranties of the other as provided in this Agreement. Each agrees to hold in confidence all information so obtained, and any document or instrument obtained pursuant to this Paragraph shall be held on an express trust for and on behalf of the other. 3.06. Nature and Survival of Representations aud Warranties. All statements off act contained in any document delivered by either Party to the other for information or reliance pursuant to this Agreement shall be considered representations and warranties under this ,. f; 1:; P I' , r! I: !; PAGE 6 INITIALS: Plaintiff: k'.r (JJ , Defendant: C t::--.6 '" "'_,. :," t:,,;:,',-,"..- ., .'i"", - . " ~ - ," - ~ , Agreement. All representations and warranties of the Parties shall survive the entry of the divorce decree. 3.07. Records of Marital Property After Entry of Divorce Decree. For a period of two years following the date of entry of the divorce decree, the books of account and records of all marital property pertaining to all periods during marriage and prior to the date of entry of the divorce decree shall be available for reasonable inspection by either Party or their representative for use in connection with any lawful purpose. 3.08. Waiver of Rights to Other Party's Estate. Each Party waives any and all of the following rights: (I) To inherit any part of the estate of the other at his or her death. (2) To receive property from the estate of the other by bequest or devise, except under a will or codicil dated subsequent to the effective date ofthis Agreement. (3) To act as a personal representative of the estate of the other on intestacy. (4) To act as an executor under the will of the other, unless nominated by a will or codicil dated subsequent to the effective date of this Agreement. 3.09. Manner of Payments and Notice. All payments and notices provided for in this Agreement shall be considered properly and timely made if deposited in the United States mail in an envelope bearing adequate postage and addressed to the recipient at the address specified in this Agreement, or at any other address that may be designated in writing, on or before the date provided for in this Agreement. 3.10. Execution of Other Documents. Each of the Parties shall on demand execute and deliver INITIALS: Plaintiff: t'r S ,Defendant: (" U PAGE 7 "'0;,, ' ~ ,', " ".- - ", ~- - -',., .. ""J - :',1 :_~ J" .' any document and do any act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either Party fails on demand to comply with this provision, that Party shall pay to the other all attorneys' fees, costs, and other expenses reasonably incurred as a result of the failure. 3.ll. No Other Agreements. This Agreement supersedes any and all other agreements between the Parties, either oral or written, that relate to the rights and liabilities arising out of the marriage. This Agreement constitutes the entire agreement of the Parties with respect to the subject matter hereof. 3.12. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect without being impaired or invalidated. 3.13. Waiver of Breach. The waiver by one Party of any breach of this Agreement by the other Party shall not be deemed a waiver of any other provision of this Agreement or of any subsequent breach of the same or any other provision. 3.14. Amendment or Modification. Prior to the entry of the divorce decree incorporating this Agreement, this Agreement may be amended or modified only by a written instrument signed by both Parties. Once the Agreement has been incorporated into the divorce decree, it may only be amended or modified on application to the Court of Common Pleas of Cumberland County, which retains continuing jurisdiction over the matters in the divorce decree. 3.15. Successors and Assigns. This Agreement, except as it otherwise expressly provides, shall PAGES INITIALS: Plaintiff: K. T 8 ' Defendant: (! (tJ. ,', ., ;,:, ,..:,-,~ J __ ' .i. ,,~ ;-. e''--, "~, .;'-<< - .' , ,-- be binding on and shall inure to the benefit of the legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the Parties. 3,16, Specific Performance. This Agreement may be enforced by an action for specific performance. 3.17. Law Governing Agreement. This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Commonwealth of Pennsylvania. ARTICLE IV. DISCLOSURES 4.01. Warranty of Full Disclosure. Each Party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each Party further represents that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of marital property without the prior consent of the other. No representation or warranty by either Party to this Agreement or in any writing furnished pursuant to this Agreement contains any untrue statement of a material fact, or omits any material fact required to make the statement not misleading. 4.02. Access to Tax Returns. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on behalf of either or both Parties during marriage. PAGE 9 INITIALS: Plaintiff: 1! lA, Defendant: (" i: IS. "L - I' ',~ -,': ""r'_ "". "0''' - ;"-,, " .' 4.03. Litigation. There are no actions or proceedings pending against either Party or involving any marital property at law or in equity, or before any federal, state, municipal, or other governmental body. Neither Party is aware of any facts that might result in any action, suit, or proceeding against either Party or against any marital property. Neither Party is in default with respect to any order or decree of any court or of any governmental body, and no marital property is liable for the payment of any obligation by order or decree of any court or governmental body. 4.04. Tax Return Filings. All federal, state, and local tax returns required to be filed by the Parties have been filed, and all federal, state, and local taxes required to be paid with respect to the periods covered by the returns have been paid. Neither Party has been delinquent in the payment of any tax, assessment, or governmental charge. Neither Party has had any tax deficiency proposed or assessed against him or her, nor has either Party executed any waiver of the statute of limitations on the assessment or collection of any tax. 4.05. Title to Properties and Assets. All marital property has good and marketable title. ARTICLE V. SEPARATE PROPERTY AND SEPARATE DEBTS 5.01. Release of Interest in Separate Property. Except as set forth in this Agreement, each Party releases forever any claim to or interest in the separate property of the other, whether the interest might arise incident to the marital relationship or otherwise. 5.02. Indemnity for Separate Debts. Each Party agrees to. pay his or her separate debts. Each agrees to hold the other harmless from any and all liability on account of these separate debts and obligations. If any claim, action, or proceeding seeking to hold the other Party liable on account of these debts and obligations is instituted, the responsible Party will at his or her sole expense PAGE 10 INITIALS: Plaintiff: J::..Tt3, Defendant: (l?~ "Y d ',-;,: ii'! " I I I i I I :~ "; :i! ~ ,.:... ., >"- ",j" , '- - . " " , Ii defend the other Party, and indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. 5.03. Defendant's Separate Property. The Parties confirm that the property listed on Exhibit "A" to this Agreement is, at all times during marriage was, and shall after divorce remain, the separate property of Defendant. The Parties further confirm that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Plaintiff, and that this income and appreciation in value is the separate property of Defendant. :.1 I' !) !.i i'~ ,. , I' Ii , 5.04. Plaintiff's Separate Property. The Parties confirm that the property listed on Exhibit "B" to this Agreement is, at all times during marriage was, and shall after divorce remain, the separate property of Plaintiff The Parties further confirm that any income from and increases in value in this separate property that accrued during marriage were solely due to reasons wholly independent from any contribution made by Defendant, and that this income and appreciation in value is the separate property of Plaintiff. 5.05. Release of Interest in After-Acquired Property. All property, income, earnings, and assets acquired by either Party subsequent to the effective date of this Agreement shall be the separate property of the owner Party, and each Party specifically releases any interest in and to the separate property of the other. 5.06. Exemption From Equitable Distribution. The Parties acknowledge that the existence of and value of all separate property and the existence of and amount of all separate debts as set forth in this Article were not considered in determining the division of the marital property of the Parties or the allocation of the joint debts of the Parties. INITIALS: Plaintiff: /07 fJJ , Defendant: C6--~ PAGE 11 .~ _h. ,. ~' , ' '..<0.-- '"__ ~ " r" .' ,'." ~'--', ,,\,,' d:j ;'1 'M ::1] ;,j III :1 ill '~ :,1 'ii I' ,j :11 ifi Jj :lJ fi,j 1'1,: ,',i u: ii! I,. Ii. IH " I'll 1',1 il': il; Ii: r,n i:ii it! "I~ " ARTICLE VI. DIVISION OF MARITAL PROPERTY 6.01. Marital Property. All marital property shall be divided as follows: (A) Property to Plaintiff. Plaintiff shall receive from the marital property, to own and enjoy as her separate property, the properties, rights, titles and interests listed herein below. Defendant shall make, execute and deliver all documents in the usual form conveying, transferring and granting to the Plaintiff all of his right, title and interest in and to all marital property transferred to the Plaintiff hereunder, and the Defendant agrees that he will specifically waive, release, renounce and forever abandon all of his rights, title and interests therein. (1) Real Estate at 4 Jessica Drive, Carlisle, Pennsylvania. The Parties are the owners as tenants by the entireties of a certain tract of improved real estate known and numbered as 4 Jessica Drive, Carlisle, Pennsylvania (the "Real Estate"), which is encumbered by a mortgage and which has an approximate net worth of $71,200.00. Upon signing this Agreement, Defendant shall properly make and execute a Deed to the Real Estate in favor of the Plaintiff and the Defendant shall deliver the Deed to the Plaintiff for recording with the Recorder of Deeds Office in and for Cumberland County, Pennsylvania. Defendant shall make, execute and deliver all other documents in the usual form necessary to conveying, transferring and granting to the Plaintiff all of his right, title and interest in and to the Real Estate and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title, interest and claim therein. (2) Wife's Nissan. The Parties are the joint owners ofa black model year 1991 Nissan Sentra SE-R, VIN IN4GB32A6MC718744, Title #43662877101 BU (hereinafter "Wife's Nissan"), having an approximate value of $2,500.00. Upon signing this Agreement, Defendant shall make, execute and deliver all documents II'i Ii '" 'i' l:r! I' lil ~ I ! ::1:1 "j III 'I' II,j ILi rlj !LI 'I,! :1' 'Ij ~I; m I" illi " !'1 II I, ~ i~ i.! I: 1'1 iL ,'I 11 II II' I , jj ~ I I i I , I PAGE 12 INITIALS: Plaintiff: 1<7 B , Defendant: €lEi3 , ",:"".- .' (3) (4) (5) (6) PAGE 13 , ~ _' "I.. ,---',',' in the usual form conveying, transferring and granting to the Plaintiff all of his right, title and interest in and to Wife's Nissan and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Furniture. The Parties are the joint owners of certain furniture having an approximate value of$I,800.00, which furniture is listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Furniture"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Furniture and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Appliances. The Parties are the joint owners of certain appliances having an approximate value of $300.00, which appliances are listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Appliances"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Appliances and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Dishes and Cookware. The Parties are the joint owners of certain dishes and cookware having an approximate value of $200.00, which are listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Cookware"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Cookware and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Electronic Equipment. The Parties are the joint owners of certain computers, telephones, video equipment and stereo equipment having an INITIALS: Plaintiff: kT fJJ , Defendant: C c..15 - ,~,' ',-; " . h. " (7) (8) (9) PAGE 14 I '"'. ' . approximate value of$I,OOO.OO, which are listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Electronic Equipment"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Electronic Equipment and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Lawn Equipment. The Parties are the joint owners of certain lawn equipment having an approximate value of $1,250.00, which is listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Lawn Equipment"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Lawn Equipment and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Bicycle. The Parties are the joint owners ofa "GT Avalanche" mountain bicycle having an approximate value of $600.00, which is listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Bicycle"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Bicycle and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his right, title and interest therein. Wife's Other Personalty. The Parties are the joint owners of other, miscellaneous personalty having an approximate value of $3,000.00, which is listed on Exhibit "c" to this Agreement (hereinafter, "Wife's Other Personalty"). Defendant hereby delivers, conveys, transfers and grants to the Plaintiff all of his right, title and interest in and to Wife's Other Personalty and Defendant agrees that he specifically waives, releases, renounces and forever abandons all of his INITIALS: Plaintiff: Ie 7" ' Defendant: C eL3, ~" , -,~ " f': I,: i I I !,' , I':' , I:; ,'"' ,,'," .' . right, title and interest therein. (10) Checking and Savings Accounts. The Parties are the owners of: (i) a primary savings account held jointly at the Patriot Federal Credit Union (account #1770300) having an approximate balance of$6,915.00; (ii) a primary checking account held jointly at the Patriot Federal Credit Union (account #1770300) having an approximate balance of $2,807.00; and (iii) a second checking account held in the name of "Charles E. Buczeskie dlb/a Classic Parts and Restorations" at AllFirst (account #00616-9926-8) having an approximate balance of $8,082.00. These accounts have an aggregate balance of approximately $17,804.00. The Parties agree hereby that, as soon as practicable after signing this Agreement, they will close and liquidate these checking and savings accounts, and they will divide the proceeds as follows: to the Plaintiff, the amount of $7,200.00 and, to the Defendant, the amount of $10,604.00. The Parties agree further that, if the actual amount of the proceeds is greater than or less than the amount approximated hereinabove (i.e., $17,804.00), then in that event, they will divide the surplus amount or the shortfall equally, dollar for dollar. (11) Tan BMW. The Parties are the joint owners of a tan colored model year 1972 BMW 2002 tii motor vehicle, VIN 2760735, Title #45286538302 BU (hereinafter the "Tan BMW"), having an approximate value of $9,000.00. The Parties agree to sell the Tan BMW at or near the approximate value stated hereinabove at the earliest possible opportunity. The Parties agree to divide the proceeds of the sale of the Tan BMW as follows: to the Plaintiff, the amount of$I,OOO.OO and, to the Defendant, the balance of the proceeds. (B) Property to Defendant. Defendant shall receive from the marital property, to own and enjoy as his separate property, the properties, rights, titles and interests listed herein PAGE 15 INITIALS: Plaintiff: K7f1. Defendant: (c/3. ,~ " "0 " -'" -' " below. Plaintiff shall make, execute and deliver all documents in the usual form conveying, transferring and granting to the Defendant all of her right, title and interest in and to all marital property transferred to the Defendant hereunder, and the Plaintiff agrees that she will specifically waive, release, renounce and forever abandon all of her rights, title and interests therein. (1) Husband's Furniture. The Parties are the joint owners of certain other furniture having an approximate value of $4,250.00, which furniture is listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Furniture"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Furniture and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Appliances. The Parties are the joint owners of certain other appliances having an approximate value of $200.00, which appliances are listed on Exhibit "D" to this Agreement (hereinafter,"Husband's Appliances"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Appliances and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Cookware. The Parties are the joint owners of certain other dishes and cookware having an approximate value of $175.00, which are listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Cookware"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Cookware and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title (2) (3) PAGE 16 INITIALS: Plaintiff: K 7 f) ,Defendant: (~~ (4) (5) (6) (7) PAGE 17 '",' <'-' "."",", "' 'i " ii " :1 !i , .1 H 'I " .1 :1 'I I ! -, ~ i :1 " ! .' .' and interest therein. 1,1 , , Husband's Electronic Equipment. The Parties are the joint owners of certain other computers, telephones, cameras, portable CB radios, video equipment and stereo equipment having an approximate value of$3,500.00, which are listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Electronic Equipment"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Electronic Equipment and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Lawn Equipment. The Parties are the joint owners of certain other lawn equipment having an approximate value of$75.00, which is listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Lawn Equipment"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Lawn Equipment and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Bicycles. The Parties are the joint owners of a "Cannondale" road bicycle, a "GT Xizang" mountain bicycle, a "DBR" mountain bicycle and various bicycle accessories, having an approximate value of$6,500.00, which are listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Bicycles"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Bicycles and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Tools. The Parties are the joint owners of certain tools and garage INITIALS: Plaintiff: 1(.76 , Defendant: CE t:> I .1 I 1 1 :1 ii :1 1 f'l :: Ii , 1 , ,I ,I II I I ,I :1 I ,I I I :1 I 1 1 I I I I I I 1 I , " (8) (9) PAGE 18 <--' equipment, having an approximate value of $15,000.00, which are listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Tools"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Tools and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Husband's Other Personalty. The Parties are the joint owners of other, miscellaneous personalty having an approximate value of$3,650.00, which is listed on Exhibit "D" to this Agreement (hereinafter, "Husband's Other Personalty"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to Husband's Other Personalty and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Checking and Savings Accounts. The Parties are the owners of: (i) a pnmary savings account held jointly at the Patriot Federal Credit Union (account #1770300) having an approximate balance of$6,915.00; (ii) a primary checking account held jointly at the Patriot Federal Credit Union (account #1770300) having an approximate balance of $2,807.00; and (iii) a second checking account held in the name of "Charles E. Buczeskie dlbla Classic Parts and Restorations" at AllFirst (account #00616-9926-8) having an approximate balance of $8,082.00. These accounts have an aggregate balance of approximately $17,804.00. The Parties agree hereby that, as soon as practicable after signing this Agreement, they will close and liquidate these checking and savings accounts, and they will divide the proceeds as follows: to the Plaintiff, the amount of $7,200.00 and, to the Defendant, the amount of $10,604.00. The Parties agree further that, ifthe actual amount of the proceeds is greater than or less than the amount approximated INITIALS: Plaintiff: }(r ~ . Defendant: l..e;b \' . , ""j I ~ ,1 ~ :) "~ '~ ! , , .~ I , "I .,) !,~ ;1 '~ ':1 "': ':i i;l f,)i 11 ~;i i ~ 10 I'! ij! I !~ I;j 11 :,;1 :'i ii, " ,j Iii ri "! i~ " "I , , ~ r~ ~ . t ""~' "." " (10) (11) (12) ..., .--1 :U.;~,: " ,~, ,< " ,," ,-'" , ", '" ' " , hereinabove (i.e., $17,804.00), then in that event, they will divide the surplus amount or the shortfall equally, dollar for dollar. Account Receivable. The Parties are the owners of certain account receivable in , ,,1 i~~ " I,', , ,- U i': ;,1 ( ;,1 I,: I the amount of $7,000.00, which is listed on Exhibit "D" to this Agreement (hereinafter, the "Account Receivable"). Plaintiff hereby delivers, conveys, transfers and grants to the Defendant all of her right, title and interest in and to the Account Receivable and Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest therein. Tan BMW. The Parties are the joint owners of a tan colored model year 1972 BMW 2002 tii motor vehicle, VIN 2760735, Title #45286538302 BU (hereinafter the "Tan BMW"), having an approximate value of$9,000.00. The Parties agree to sell the Tan BMW at or near the approximate value stated hereinabove at the earliest possible opportunity. The Parties agree to divide the proceeds of the sale of the Tan BMW as follows: to the Plaintiff, the amount of$I,OOO.OO and, to the Defendant, the balance of the proceeds. Other Automobiles. The Parties are the owners of certain other automobiles (hereinafter the "Other Automobiles"), having an approximate value of $37,000.00. As soon after signing this Agreement as is practicable, the Plaintiff shall make, execute and deliver all documents in the usual form conveying, transferring and granting to the Defendant all of her right, title and interest in and to the Other Automobiles and the Plaintiff agrees that she specifically waives, releases, renounces and forever abandons all of her right, title and interest. therein. " I' i'! I,' !1 ,- :i 'i iJ h (,,; :1 " " 6.05. Assumption of Encumbrances and Indemnity. Each Party assumes all encumbrances and liens on all of the property transferred to him or her pursuant to this Agreement. Each Party PAGE 19 INITIALS: Plaintiff: K T B ,Defendant: C l13 _H ~;J",;;; .' , . agrees to indemnify and hold the other Party harmless from any claim or liability that the other Party may incur because of any encumbrances or liens. If any claim, action, or proceeding seeking to hold the other Party liable on account of any lien or encumbrance is instituted, the responsible Party will at his or her sole expense defend the other Party, and will indemnify the other Party against any loss that he or she incurs as a result of the claim, action, or proceeding. 6.06. Property Insurance. All insurance on property transferred pursuant to this Agreement is assigned to the Party receiving the property, and payment of the insurance premiums from this date on shall be the sole responsibility of the Party to whom the insurance is assigned. 6.07, Retirement and Pension Plans. Each of the Parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 40 I (k) Plan, 403 (b) Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plan or plans of the other Party, whether acquired through said Party's employment or otherwise (hereinafter "Retirement Plans"). Hereafter, the Retirement Plans shall become the sole and separate property of the Party in whose name or through whose employment said plan or account is held or carried. If either Party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this paragraph, that P arty shall be solely liable for any and all taxes and penalties resulting from that withdrawal. 6.08. Life Insurance Plans. Each of the Parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any life insurance type plan or plans of the other Party, whether acquired through said Party's employment or otherwise (hereinafter "Life Insurance Plans"). Hereafter, the Life Insurance Plans shall become PAGE 20 INITIALS: Plaintiff: K T t1 ,Defendant: t: e:::4!:. ,; '~ wi " " , , . , the sole and separate property of the Party in whose name or through whose employment said plan or account is held or carried. If either Party withdraws any sums from the Life Insurance Plans distributed to him or her pursuant tothe terms of this paragraph, that Party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. ARTICLE VII. PAYMENT OF MARITAL DEBTS AND OJBLIGATIONS 7,01. Joint Debts. The Parties have no marital debts. 7.02. Subsequent Debts. Each Party agrees to pay and to hold the other Party harmless from any and all personal debts and obligations incurred by him or her from the date of this Agreement. If any claim, action, or proceeding seeking to hold the other Party liable on account of any future debt or obligation is instituted, the responsible Party will at his or her sole expense defend the other Party against it, and indemnity the other Party against any loss that he or she incurs as a result ofthe claim, action, or proceeding. ,,, I; ,: ARTICLE vm. TAXES OF DEFENDANT AND PLAINTIFF 8.01. Tax Deficiencies and Refunds for Prior Years. It is agreed that Defendant shall be solely liable for and shall pay without contribution from Plaintiff any and all deficiencies in state and federal income taxes, including penalties and interest, related to the j oint income tax returns of the Parties for all years prior to 2000, and shall be entitled to any refund due the Parties for those years. Defendant alone shall pay any and all costs of defending the Parties against any asserted deficiencies, or of prosecuting any refund claim. Plaintiff agrees to cooperate fully in filing any and all necessary pleadings and documents, including protests, petitions, refund claims, and powers of attorney. 8.02. Tax Returns for Year of Divorce. Each Party shall file a separate return for the 2000 tax PAGE 21 INITIALS: Plaintiff: K "( A , Defendant: Cf!5.e~ " \, ' '-~, " L,,- ,~ ^ ~<, ,'-- ~ I, 8 !: " , ' " .. , year and shall be solely responsible for the payment of his or her own taxes as reflected by the tax returns. Each Party agrees to continue to make all books, records, tax returns, journals, ledgers, and any other bookkeeping or financial information of any nature available to the other at any time after the judgment of divorce. Each Party shall be allowed to consult with the accountants or tax counsel of the other for the purpose of gathering any information necessary for the preparation and filing of any tax return. The Parties agree that, to the extent permitted by law, all deductions and tax credits for the 2000 tax year that accrued during the existence of the marriage shall be divided pro rata between them on their state and federal income tax returns. 8.03. Tax on Dispositions. Each Party agrees to bear his or her respective share of the income tax consequences resulting from the sale or disposition of property to third parties pursuant to this Agreement. ARTICLE IX. FEES AND COSTS 9.01. Attorneys' Fees and Other Costs. Plaintiff is represented in this divorce action by the LAW OFFICES OF RICHARD C. GAFFNEY. Defendant agrees to reimburse Plaintiff in an amount equal to fifty percent (50%) of Plaintiff's attorney fees and costs. Defendant shall be solely responsible to pay his own attorney fees and costs. 9.02. Limitation of Parties' Liabilities. Except as provided in Paragraph 9.0 I, neither Party shall be liable to the other for any costs or fees incurred in connection with the negotiation, preparation, and execution of this Agreement and in connection with any action initiated by either Party for the purpose of obtaining a decree of divorce of the Parties. PAGE 22 INITIALS: Plaintiff: KTfJJ, Defendant: cch , , ^'~ -,<<'. --"';"';"t " l~ .. IN WITNESS WHEREOF, the Parties set their hands and affix their seals on the date and year first above written, with the intent to be legally bound thereby. 11~ 7. ~ KAREN T. BUCZESKill LAlNTIFF) ~6:~L-::> CHARLEsE.BuCZE (DEFENDANT) UJ(ks A<':' "'l"a \!'o~', ~& )u..&,~ PAGE 23 INITIALS: Plaintiff: IL 76 , Defendant: ('ell:> , , ,1,"-" -',I , '. ~- ~ , . EXIllBIT "A" TO THE MARITAL SEPARATION AND PROPERTY DISTRIBUTION AGREEMENr Dated: By and Between: And: July 25th, 2000 Karen T. Buczeskie (Plaintifl) Charles E. Buczeskie (Defendant) Separate Property of Defendant None PAGE 24 INITIALS: Plaintiff: k' IA. Defendant: Ce6 " . ~-<,' ",I ';$". ,! !I 'I rt , -" I .' .' , EXIllBIT "B" TO THE MARITAL SEPARATION AND PROPERTY DISTRIBUTION AGREEMENT Dated: By and Between: And: July 25th, 2000 Karen T. Buczeskie (plaintiff) Charles E. Buczeskie (Defendant) Separate Property of Plaintiff None PAGE 25 INITIALS: Plaintiff: K 7 t3 , Defendant: C ~.LS. r "--,,. " " .' " . EXIllBIT "c" TO THE MARITAL SEPARATION AND PROPERTY DISTRIBUTION AGREEMENT Dated: By and Between: And: July 25th, 2000 Karen T. Buczeskie (Plaintift) Charles E. Buczeskie (Defendant) Marital Property Transferred to Plaintiff See attached page labeled "Settlement List (Karen)" PAGE 26 INITIALS: Plaintiff: {( T ~ ,Defendant: C c.& , . .' , I , ' Settlement List (Karen) EXHIBIT C Page 1 of 2 Residence (equity, less selling costs): ($82,000 - $9800) = $71,200 deed ref. bk109,pg 114&115 Furniture: $1800 kitchen table set navy sofa, entertainment center, telephone stand twin bed, taillight oak dresser green upholstered chair antique kitchen table set, crib, bassinet unfinished hutch porch rocking chairs Windsor-style bench quilt rack small bookshelf roll-top desk, wooden chair CD rack child's desk, large metal desk small black filing cabinet microwave table Cars: $2500 1991 Nissan Sentra SE-R Dishes/silverware/pots & pans/bakeware: $200 all silverware not specifically mentioned Pfaltzgraff dishes fruit pattern dishes Computers/phones/video & stereo equipment: $1,000.00 old Micron PC, scanner, laser printer all white phones paper shredder white clock radio black 20" TV Nikon camera Pioneer receiver, Sony vcr, cd player, cassette deck, Precise speakers & stands Appliances: $300 washer & dryer 5-cup perculator and 4-cup automatic-drip coffee maker large crockpot blender mixer hand blender Hoover vacuum cleaner food processor white coffee grinder toaster waffle maker Bikes: $600.00 GT Avalanche mountain bike h ,. ~. " " , . Lawn equipment: $1250 , push mower " wheelbarrow spreader riding mower and snow thrower attachment EXHIBIT C Page 2 of 2 Other: $3,000 all quilts and afghans, except those that Chuck received prior to marriage jewelry antique tins & boxes, stoneware crocks all collectible baskets, bears, candles & wooden pieces Campanelli prints dried flower arrangements and wreaths ironing board and iron living room rug Christmas decorations & tree skirt records small cooler green outdoor table set flags 12 X 20 roll of carpet (oatmeal-colored) Cash: . '$1000 from sale of tan 1972 BMW 2002 tii ' " $7,200.00 from checking & savings accounts ',r, TOTAL: ~39,9Z0.00 '-' " ~' {', -., ,;:;':::":l5'~., r,,<, ,......'c..''c'-' - - .~ " EXlDBIT "D" TO THE MARITAL SEPARATION AND PROPERTY DISTRIBUTION AGREEMENT Dated: By and Between: And: July 25th, 2000 Karen T. Buczeskie (Plaintift) Charles E. Buczeskie (Defendant) Marital Property Transferred to Defendant See attached page labeled "Settlement List (Chuck)" PAGE2? INITIALS: Plaintiff: /(T t:; , Defendant: (' r f5 ~',,,-,,," " , -~,,~< ' '< . . i . . Settlement List (Chuck) EXHIBIT D Page 1 of 2 Furniture: $4250 antique bedroom furniture (bed, 2 dressers, vanity table & chair, cedar chest, night stand) living room furniture dining room table set tall bookshelf snack tables small wooden cabinet large filing cabinet computer table/desk, office chair crib and changing table Cars (or cash value if sold): $37,000 1986 Nissan 720 PU ($1500) 1975 Datsun 280Z ($1500) 1974 Nissan Fairlady 260Z ($15,000) 1974 BMW 2002 Turbo ($4000) (3)1972 BMW 2002 tii ($13,000) 1970 Datsun 240Z ($1000) 1971 Datsun 240Z ($500) 1974 Datsun 260Z ($500) Dishes/silverware/pots & pans/bakeware: $175 Corelle dishes and blue glasses Oneida rose pattern silverware any other dishes not specifically mentioned Computers/phones/video & stereo equipment: $3500 new Micron PC digital camera black phones black clock radio 27" TV & 20" garage TV portable CB radios boom box adding machine Sony receiver, JBL speakers, Epicure speakers & stands, center speaker all vcrs not specifically mentioned all other audio or video equipment not specifically mentioned Appliances: $200 black coffee grinder 12-cup perculator small crockpot electric skillet toaster oven Dirt Devil vacuum cleaner dehumidifier body fat monitor .n'; , ~ . . Bikes: $6500 Cannondale road bike GT Xizang mountain bike DBR mountain bike bike accessories Lawn equipment: $75 weedwacker leaf blower sprayer Tools/garage equipment: $15,000 workbenches, cabinets and shelving air compressor, paint guns, grinders, and other tools and equipment all inventory - Datsun and BMW parts and accessories Other: $3,650 beige folding tables ping pong table dining room rug large cooler weight equipment gas grill baseball/football/basketball cards model cars & all other car collectibles jewelry life insurance ($1250 cash value) air conditioner Cash: $20,250 (incl $7000 owed) less $1000 transfer to Karen from sale of car TOTAL: $89,600 ~j' ~ "I " ~, ' .. , EXHIBIT D Page 2 of 2 .. ~ , COMMONWEALTH OF PENNSYLVANIA s.s, COUNTY OF CuMBERLAND J + , . I certifY that on this 2i3,t'r"\ day of July 2000, before me, the undersigned, personally appeared Karen T. Buczeskie, known to me, or satisfactorily proven to be, the person whose name is subscribed to the above instrument, who acknowledged that she executed the instrument for the purposes expressed in the instrument. In witness to which I set my hand and official seal. ~~8.lliJU)fu NOTARYl'UBLIC Notary Public for the Commonwealth of Pennsylvania. My Connnission expires: 5" II~ 10V PAGE 28 INITIALS: Plaintiff: JC I PJ, Defendant: C. c fb - I . . , . . . . , ~ . . , COMMONWEALTH OF PENNSYLVANIA s,s. COUNTY OF CUMBERLAND I certifY that on this ~ day of July 2000, before me, the undersigned, personally appeared Charles E. Buczeskie, known to me, or satisfactorily proven to be, the person whose name is subscribed to the above instrument, who acknowledged that he executed the instrument for the purposes expressed in the instrument. In witness to which I set my hand and official seal. 2oAOL6.8H~ NOTARY PuBLIC Notary Public for the Commonwealth of Pennsylvania. My Connnission expires:05/l?:J1 04 r,,:':ro). ,..,,.1 11 1, NOTARlPJ. SEAL SIIRN! G. PRlJ:lOi3KE, N\'~"'l' ~ C.'r~!{!:l~ 8!:rm, CUf:~,/::..z~d Coumy, PA I "':.: "mpils.'i<lil C,;"Nlll M.w '13 'lM2 L.::2::~~',:!.I~",,,~j~~~~: PAGE 29 INITIALS: Plaintiff: ~ T P; ,Defendant: (C6 -,--" -" . ~, . t . ~, ~~ ,c I"~ I ,. i ';, I I !'; . "~I G I; I"~ Cc '; ~, :;, i: ~i, , I '!: Ii; )1' ! I If l, ~ I' f f;, ];' i' 1 ~, ! I ~ I i: b ~~- ~' ,,'~;"" . t . .l. ~c WI.. ... c_ ._.. .'",;,' ,';,;-- .' ;",,,',, ~ ::, '"' ~".. -,c:' J .,,;...-~. ~. c.r .~.'...c .'.." .. f " . . (") r;2 0 c '.'~ -" ~:': :::J , -0 (L ~'-} 0,~; n , ---1 ,. , ::? ~~~ ~~' ::L:1''' - .. fJ :'1 I;. , -". /.~ " -.> ~- J ~ CD -'-j ~, -~ m - ,'j I "'. . Karen T. Buczeskie, Plaintift' -IN 1'HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4459 CIVIL TERM Charles E. Buczeskie, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for the entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: June 30, 2000, Certified Mail, Restricted Delivery, Return Receipt Requested, 3. Date of execution ofthe affidavit of consent required by ~ 3301(c) of the Divorce Code: by the plaintiff on October 4, 2000; by the defendant on September 29, 2000. 4. Related claims pending: Property Distribution. The parties have agreed to distribute marital property in accordance with the Marital Settlement and Property Distribution Agreement dated July 25,2000 and filed in this Docket on October 11, 2000. The parties intend that the Court will incorporate the Agreement into a Decree of Divorce. Please transmit the Agreement to the court for this purpose. 5. Date plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: October 11,2000. Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the prothonotary: October 11, 2000. 1?'\J.~~<>>'~ A! orney for Plaintiff ..',', > ~I"'i~\ ~~~"~!W.!I:ilIil_~j;,lliI:Ill.~~~'I"",,",,",I'I~'''''-''r@';''';;''6h'''''ir:il,~_i@Wll;_~'' <, , ,~" . " ~~-""",,,,"""'" ,,~ - ,~"".. "~ :J.Hill____ o ("- ~I~ /'~," ~5~ _....----;; r:c: 5~r-' /" . 5Q l"~. z =2 . C) C::) '''-' 'n :=> .~") *--1 "''--1 (,,0 :;-;~] :'?'.. (:) -; -'f; ~'fi~ 'l-~ :D -<. If) (Jl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN T. BUCZESKIE PLAINTIFF V. } } NO.m- -Y9S7f CIVILTERM } } } IN DIVORCE } } CHARLES E. BUCZESKIE DEFENDANT COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you full to do so, the case may proceed without you and a decree of divorce or armulment 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 avaiIable in the Office ofthe Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PORPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TmS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue, Carlisle, PA 17013 Telephone (717) 249-3166 . " " I " '0' ...1--, J~ "' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN T. BUCZESKIE PLAINTIFF v. } } NO. (H- '-I 'f:) <} CIVIL TERM } } } IN DIVORCE } } CHARLES E. BUCZESKIE DEFENDANT COMPLAINT IN DIVORCE UNDER SECTION 3301 ( c ) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Karen T. Buczeskie, by and through her attorney, Richard C. Gaffuey, Esquire, who files this complaint under Section 3301 (c) of the Divorce Code and who, in support thereof, respectfully represents that: 1. The Plaintiff is Karen T. Buczeskie, who presently resides at 4 Jessica Drive, Carlisle, PA 17013 since March 301997. 2, The Defendant is Charles E. Bucseskie, who presently resides at 4 Jessica Drive, Carlisle, PA 17013 since March 30, 1997. 3. Plaintiff and Defendant are sui iuris and both have been bona fide residents of the Commonwealth for a period of more than six months immediately preceding the filing of this complaint. 4. The Plaintiff and Defendant were married August 19, 1989 in Boiling Springs, Cumberland County, Pennsylvania. 5. The parties to this action separated on June 19,2000 and have continued to live separate and apart since then. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken 8. The Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling, IJ ,. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. 10. The Plaintiff requests the court to enter a decree of divorce under Section 3301 (c) of the Divorce Code. Wherefore, if both parties file affidavits consenting to the divorce after ninety ( 90) days have elapsed from the date of filing of this complaint, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce pursuant to 23 P.S. Section 3301 ( c ) . Respectfully submitted, '\") Richard . Gaflhey, e Supreme Court J.D. No. 63313 P.O. Box 627 101 Front Street Boiling Springs, P A 17007 Phone (717) 213-6755 Attorney for Plaintiff J~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KAREN T. BUCZESKIE PLAINTIFF vi. } } NO. CIVIL TERM } } } IN DIVORCE } } CHARLES E. BUCZESKIE DEFENDANT VERIFICATION I verify that the statements made in the foregoing complaint are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unsworn fulsification to authorities, Date I,jJ j:Au / DO , I ~-r~ Karen T. Buczeskie ~,j"~ ....~'~I~tiliiillla!ll~V;j""Il'J"Wi""..,li""-~I~__' , . .' .. ~. ~ -~ .""'lIIIillM. ....~iIIlI , 1 ~ ~ "- ~ ~ ~ "- Y< ~ (") <::> l. ~ ~ {:J Q " (j -Ow t~ ~ ffitT., c::: :;1 ~ \ \ Z.:tJ ...,,.. r~"'i :u ...~ --J ~ Z'- r.~ ~ <Zl5= ;88 0;;;:-. V \ -<, _J ,-"". 0.-) '"' ,cO -C' ::j~r ~8 :Jt: ~L -rI ~ ~ 0-- ~ j;;c: ~....(} J::" c5m ~ " 0 ?6 0"\ -< , ,', < ,"".., ,~ _ "" r,'" , . '" ...,'~~.. r~ ,,^, '. < ,"",'0,.",,";, ,~ ~.' .,'<' "~'",,"""'''.", ____, .- m .. il>",_"~k,, . Karen T. Buczeskie PLAINTIFF v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,j,OOO - Lf L/ 59 NO.~.,..i42' CIVIL TERM Charles E. Buczeskie DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Richard C. Gaffuey, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captionC;1d divorce action; that on June 27,2000, he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No, Z 7000 0600 0021 3855 9408 to Defendant's last known address; that on June 30, 2000, Defendant did personally receive said Complaint in Divorce as evidenced by the signed Acceptance of Service form attached hereto; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. J:L'(\). ~ill\'~~_ Richard C. Ga.ffue~ Attorney for plaintiff Sworn to and subscribed before me this \Ofu Dayof~ 2000. E:xuoLo. ~~ WL SAAAH G pjUKlSKE. N\ItIIY NiIIC Cdlt sOtv. Cloj~ CcunIY. PA U'{Cc!,~~tJSf 13. - ;;; r- cO CI =r- <r on on cQ IT! Certified Fee r'l ru CI CI Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) o CI ...JJ o Tota' Postage & Fees Postage $ "..n;eJ)!.eas~printC'e~(~f3Uc:ted bSfu. ~-- _~~_0.i)uu______....______u~___u_________u_______u..____ g St4J~;~lJr'i\I~ :'2 -cTusi'i,:zl;~---_u"uY;T10Bu_u_u------,------,---u---_u--- ~" .. .., .;;; ill ~ .. ,~ .. .c - c o .., .. ;; C. E o u SENDER: . Complete Items 1 and/or 2 for additional services, . Complete items 3, 4a, and 4b, . Print your name and address on the reverse of this form so that we can return this card to you. . Attach this form to the front of the mailpiece, or on the back if space does not permit. . Write "Return Receipt Requested" on the mail piece below the article number. . The Return Receipt will show to whom the article was delivered and the date delivered. 3. Article Addressed to: exw-~,:> E. B.x.~b<- 4 jessiCQ DY\\J~ Cor kj\e. I PA l/ot3 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a., Article Number IM~2E$q 4b, Service Type . DRegistered o Express Mail o Return Receipt for Merchandise 7. Date of Delivery " 5 o >- .!!l Il1l'Certified o Insured o COD !30)UO 8. Addressee's Ad and fee is paid) 10."'5.91l-l'-0229 Domestic Return Receipt I, ~ :~ .ll Q. "Ii &! c ~ ,il .. a: '" c .;;; " ~ .g " g. ... c .. (: ~ ~.J';""~ ' ,," ~ ' ~' i '..Ii ,. ,>,__ <H .. ... A , 'm....w'.~wllililifuiW$lnJlJlI , ^ ,~. ",~, j"~k ~,., ~,'~, _" 0 ~ '":,,,,'." , ,-" ......... I.e, ..dII. .~"""_.. .h,iifI.I:J"'~ '1.., , , (") ,-, (-', ~; C) C) -ocr:: (~ " .--'- QJ rr, ~ '.; ~~! - (::7 , 1 -" ~:-'1'" ~, -+i ~8 ~"~; ('5 I ? 1-') IT! ~ , .-- L.~ I z '-" 5J :::J CO -< , ~ - ....' , , , 1:,1 I I,: I: , I:i , I, I . I') 'I ~ i, I Karen T. Buczeskie PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , , I"~ , n ~i II v. NO. 00-4459 CIVD... TERM ",: 1:,1 I: I;'] ~I 1;1 I' I' ,! \1 I:: Charles E. Buczeskie DEFENDANT IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT Date: /()/q!{)O / I it1 ~~ ~(. en T, Buczeskie, Plain ii II I I I I Ii II Ii II I 11 :1 11 ~ Ii ;1 :1 Ii " ,I .' Ii 11 " II I I , , I i I 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 27, 2000. 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date offiling 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. 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 fuIsification to authorities. ;,.",j' ,', '0~ " ,,~,? lIImi~JIIiIJl1liIllilillli , ,~." ""~~:w.l00itil'-;1lIl.,*,-4,,*,~~lIil"lIiilllilliiWlili ~ ,~ "llllIlilli"~'"~~ ~."--, ~ .." ~ ~. - <:) c: :-::.~ '""Dft [nr', I~ ~(~0; -c .,~ 53 , ""......""""......IIiiiIW' S? :,~) (::::> '",= ,~ <5 c:::> (""") -I o J; ~i::,,,; -,~~, ~ -v -< . . . . . Karen T. Buczeskie PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4459 CIVIL TERM Charles E. Buezeskie DEFENDANT IN DIVORCE (; PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE "I " 1. I consent to the entry of a :6nal decree of divorce without notice. " Ii I;: I!' II " H r: Ii i ~ ;, I 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 ofthe decree will be sent to me immediately after it is tiled with the Prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that fu.Ise statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities. Date: JlJllI/OO ~~ (. Karen T. Buczeskie laintifi) '" .~' ,'""" .' ~bI<!!l!I;il&;'l,gllli:ll~~~""""~iJllj,;.rdll'll-j"'~""""".il"'" , ~'"~1'-llilI .,' "'....... ~ '"-'~iIIi ~ ~. (') C ..-::- -uti rnr:': ~F::i (,o2~' --< ~:-:: r:::c~ ~c' ~~2 L -~ -< . (;:> o C> ~: "" 9 ...;..~ :.r;':", i"n ;-'1 j :t., ,-.,,'- }~~~ " f'T:1 ':::::; -,.... :0 .< ~? :,) c::> , Li.....;J .: .-J.okJillJi" A ,I . . .' " Karen T Buezeskie PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4459 CIVIL TERM Charles E. Buezeskie DEFENDANT IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June 27,2000, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree, I veriiy that the statements made in this affidavit are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (/2-1 ho I / eLL6;~ Charles E. Buczes ., fendant '''', ~. "~=~~~iIli\IIII r ."""'"~ ~.~"""J.iIIi;l"",....~.I;;;~-" ~~.""Ml__IIIillii_ ,~.'" ~'~',"'h ....."- D ~ -o'Cc nll';"1 ~~~ r:::C ~s~ Z ~ li/l;tIiII~1IliII . n C) :;:::) n --1 C', F1 ~~:: 15 '~.j ::::;~ ::0: -< '~.t.,) ()) .1 " '~" , , -"-~!'f ~ "t " .. ,'v W Karen T. Buezeskie PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-4459 CIVIL TERM Charles E. Buezeskie DEFENDANT IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 331)1(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary. I verilY that the statements made in this affidavit are true and correct, I understand that fuIse statements herein are made subject to the penalties of 18 PaC.s. Section 4904 relating to unsworn falsification to authorities. Date: ~/Z0D ~ $:~L Charles E. Buc 'e (Defendant) ~ i ~' J..l'~.iIi6,rlW;m~__~:iIllll!:~ '"""~1 ~ ..~" ~,.~= -~" -. ~~ . I ,~ ~ ....._--~'~ o s;: ;:.Af(;,: 2\~ ~~; ~f~ z =2 &. .~, ... -. ~~. CJ C) C:) ,) \....; '1 Ti r;:--::: ~:~'~~ ..1':=-/ ;::,',~ -,>', -'.! C) ~(q :D -< C) .:..) 0:> ,!)S .... "" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA CIVIL ACTlON- LAW Karen T. Buczeskie } No, 00-4459 } } vs. } AttorneyI.D. # 63313 } } Charles E. Buczeskie } In Divorce } NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the plaintiff in the above matter, having been granted a final decree in Divorce on the 31st day of Oct. ,2000, hereby intends to resume and hereafter use the previous name of Karen T. Smith and gives this written notice avowing her intention in accordance with the provisions ofthe Act of December 16, 1982, P,L. 1309,54 pa. C.S.A ~ 704. ~(~~ Si ture of petitioner ( ... ed name) Karen T. Buczeskie TO BE KNOWN AS: ~AML- T :Jm~tiJ S' ture - Intended (pnor surname) Karen T. Smith , COMMONWEALTH OF PENNSYL V ANlA } } ss. } } COUNTY OF CUMBERLAND On the 'l +Y\ day of NCNem\Y,2ooo, before me, a notary public, personally appeared Karen T, Buceskie, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the forgoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and seal. ~cL6.Gw-n~ Notary Public My commission expires: NOt SEAL SARAH G. PRUNOSkE. Nc8y NlIIc CIdIIt IIanI. ~lso.d CalIlIY. PIt e."... 111 I.' 13. 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