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Home My WebLink About01-1089 FX ,,.L. _ ~ I' -I ,1,1-_, <il._"I_.._. ",' _..'__'_ ,'J . . " . .. ~~ ~~~ ~ ~ ~~~ ~~ . .. . . . . . . " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTINE B. CIECIERSKI, Plaintiff No. 01-1089 CIVIL TERM VERSUS IN DIVORCE . . . DENNIS CIECIERSKI, . . Defendant . . . . DECREE IN DIVORCE . . . . . . :r u t \..1 ~- \ CHRISTINE B. CIECIERSKI AND NOW, , LOCi, iT is ORDERED AND . . . . DECREED THAT PLAiNTiFF, . . DENNIS CIECIERSKI . DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRiMONY. . THE COURT RETAINS JURiSDICTION OF THE FOLLOWiNG CLAiMS WHiCH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Agreemenf dated March 16, 2001 are incorporated, but not merged, into this Decree in Divorce. . . o' . . . /~ , , \ , By THE COURT:. j) (j) I.<J /Lv- . . J. . . . ~ --;'- C":"-... .~ ' ~' .... _'_ \v'~; oooooooo~~~~oo.o.o.o.oo. ,., :f.:f.:f.:f.:f. . . /' . . " I: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS-AT-LAW 26 W. High Street Carlisle. PA ,- ,~ . -""'d _; ~_,' ,-,I,,' i _- ~i' , , __ J _ ;:,-: ,-, -,_ ,,_ _ ',,'.-'i:',,;,_,_ _ _~~~ ~"'" CHRISTINE B. CIECIERSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01 - l{)/Xj CIVIL TERM IN DIVORCE V5. DENNIS CIECIERSKI, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff . You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ! Date: ~ ~ 21 \ 2oro ( II SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS'AT'l.A.W 26 W. High Street Carlisle, P A . , L,i - ,'. " ~,' ,,~ - oiliIial~4", -'"I .. ,~w "0_'" ,__-,,_ - CHRISTINE B. CIECIERSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01 - Jt:J'l'1 CIVIL TERM : IN DIVORCE vs. DENNIS CIECIERSKI, Defendant COMPLAINT CHRISTINE B. CIECIERSKI, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Christine B. Ciecierski, who currently resides at 197 Acre Drive, Carlisle, Cumberland County, Pennsylvania, where she has resided since 1996. 2. The Defendant is Dennis Ciecierski, who currently resides at 265 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, where he has resided since 1999. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 6, 1979 in Carlisle, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. II SAlOIS SHUFF, FLOWER & LINDSEY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, P A 'l 'rr .'-." ' ", c ,". :1 '. j; -, ~, I . . i. _ ,_ ;'(cL-,-, '-_,C_'^,',,;' hi-' . t:r..i.ii!~_i;8- 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: squire Date: ~\Q 2--\ J bfJO I " SAIDIS SHUFF, FLOWER & LINDSEY ATIURNEVS'AT'UW 26 W. High Sl,eel Carlisle, P A - , .'-. VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 3 4904, relating to uns~orn falsification to authorities. ~A1-(ll &~~ Christine B. Ciecierski Date: t9 . eX J. () I II . CHRISTINE B.CIECIERSKI, . Plaintiff VS. DENNIS CIECIERSKI, Defendant 11- 1........- l..,..J." """"'- ., "~~-__~J,j~it;,1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1089 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above captioned matter s!71o, ( o'ate . SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEVS-AT'LAW 26 W. High Street Carlisle. PA . .--- ". '. , ',' "oj" '~I.._ ,;, ',co .J, j I., - . -k; )," - ~, .,," ,---~" " *_t'-;~ CHRISTINE B. CIECIERSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1089 CIVIL TERM vs. DENNIS CIECIERSKI, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on February 23, 2001. 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 of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. fuvuron (;) ~ .~ Christine B. Ciecierski, Plaintiff Date: ~ '02~61_ II ''""''''~,;., 1'i....;'~'fiYW,.M~~~J~.~1!~lIIllilOoI~M*'I"fJ<~;W;it~).f.:W:<iW'Jl1r4'.lil1i;jiJi1,lllJ -~ "" ~,~!,- &dillWlil>>iJ1 iliNiillifi'liil:t' ", h. .. ". J , ,~ " I.II\iiIMI -" ~iddli'..4II. . ~ "", <,'., ., r 0 C:_'J C ,J ~'~ roi l-"~ ' ~..~ Z , 2": C- 1-:-: en t'.~ -< [: " - - / , ).-.- -- ~:~; ~"c' -- l ~ -' :J) .< r..:, -, - .~'" I !" . i h ,- I n ~ . -- -~ -~, ,-." SAIDIS SHUFF, FLOWER & LINDSAY A'IT()}tNEys,.AT-UW 26 W. High Street Carlisle, PA -, ~. CHRISTINE B. CIECIERSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1089 CIVIL TERM V5. DENNIS CIECIERSKI, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s3301(c) OF THE DIVORCE CODE 1 . I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ~U- tW.o~ Christine B. Ciecierski, Plaintiff Date: (). C3- ~Ol Ii ~.;~:y i:--'~' L"";__~"w~~mlH~~_~ImI~tli.~iM/I;'IitI/;:l;\;il1<lI'>>mr#~..~-~-__bll!.ij JUN 2 6 2DOf , -~~ .. , '" ~. b .,,'~ ,~_ ,_. ,'_~"" -"- '-.......LltgltJ:'~ -~~-, tv ' ~-~~, -..~ , ---.,' "',-, -"- ~ .~. ,~. 0 C-:,:"', (:' -~ .,~ ~t:: rr .. rr: :": ' - 7 : .' -:-,;,c~ --. , .c / (D \-'.) .-< r:::=.~ -'1"1 . ,.-, .Jr-' ~. [....J , . ? -; r'~ -~, '-, , ~,- . e,._ ~~.~.~"< --, Ii ,. , l; I' I! I, i! I, p- I' I! i 1: I; 1': L , I' i I I: I: Ii " ". , SAlOIS SHUFF, FLOWER & LINDSAY AITORNtVS'AT'LAW 26 W. fligh Street CarUsle. PA 1_- . CHRISTINE B. CIECIERSKI, Plai ntiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1089 CIVIL TERM VS. DENNIS CIECIERSKI, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on February 23, 2001. ,I iii 2. The marriage of plaintiff and defendant is irretrievably broken and ninety Iii days have elapsed from the date of filing and service of the Complaint. II ," I'! 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I I I verify that the statements made in this Affidavit are true and correct to the best I of my knowledge, information and belief. I understand that false statements herein are I made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Ii! authorities. i!i I ! i I Date: " ~~'.b."1i~\i;!'IiI!IlI~"iIsa$!~~mj~s;>.(~_.Ec6-*ifu~~""h'*~~ijIli%.4'l!j;)!Qli~u'iilliirM' j' B1t&illlio' fir 'I' , JUN 2 62001 ~~ . ""J~_", __=,_" ,_~, ~__c__~_"_ ,_ .. ,., ",- ,~-~,-'''''.''-~'~--~~ ~-" ~~ __ _ 'g u...._ o c -r;;f: 1"1"1 ? Z ~ ~:: 2;: C~ j;f~ :-=:j .<. ~=,,= ,'~"Y'-,-~ .,,,,,",,,= ~'" ~~=-. C,: , ~ C:,.J ~--,,~ rce:; r'<, ':r') h) ~~ ,~ . -- ~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 w. High Street Carlisle, P A ." , , -~~ . ,- - "'-, , I _;~-, '_ "I.' , '_' ~ _ L, . .~- _,,, CHRISTINE B. CIECIERSKI, . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 01.1089 CIVIL TERM V5. DENNIS CIECIERSKI, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s3301lc) 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. II i*'~!.ii:di!Willlii1ll~~.~~!i&iil!uJ&,,,~""';;jhid.4,'J,,fu~'fN"1"M>>jj;,j:l-ijf1 j,.jIij;jW'u-..........LMi~J:L~f'l'" " ~ ~~ l . J _ _,_. , ., .','__ '_',_ '_""d_C" ,",,~,-, ,_ '<'" __ ",<", ~ ".,~,,~ ", . "~" .,.'^'. -'~. --liiLiiliilil JUN 2 6 2001 C) CJ C <J ., , r-~'~' , J '-. ,-, c::: rr. r..- , :":': ~ , - , - , , (i) I "".:: -< E~ l__ , ~ - "'/ j> C , ~:= " ,. --i ...,.') ~< r ~-) -< - ',,-," ',~'-,=' , , ,I If [I 1i J , II ~i w " Ii' Ii " Ii F I: , II' i! f f i ",.. ,,' SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-lAW 26 W. High Street Carlisle, PA ;---.,.-, ",-.-"[ .-;1 .-do' iL." "'--"-;-'-.~ CHRISTINE B. CIECIERSKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 -1089 CIVIL TERM : IN DIVORCE VS. DENNIS CIECIERSKI, Defendant NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that Christine B. Ciecierski, the Plaintiff in the above matter, having been granted a Final Decree in Divorce on July 5, 2001, hereby intends to resume and hereafter use the previous name of CHRISTINE ANNE BREHM, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1,1980. ~.~ Ib r1qjOO. Christine B. Ciecierski, Petitioner TO BE KNOWN AS: ~cD~ a,,~ ~ Christine Anne Brehm COMMONWEALTH OF PENNSYLVANIA 55. COUNTY OF CUMBERLAND q-bh ' ON this, the . day of LLO 1- , 2001, before me, a Notary Public, personally appeared CHRISTINE . C ECIERSKI, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTAR1AL SEAl MERLENE J. MARHEVICA, NOTARY PUBUC CAAUSI.E. CUMIlEIllAND COUNlY, PA MY COMUI88I()01 EXPIIlES JUNE 8,_ II ~~~!lIl~~~~~JI!i1Jli!1i#d!MilFrr~.1i'lj\'i~'ii!!I~Jl.f~.mA4i'$"~~~~ ~,-,......_l, 19 - ""'-. 0r ~ D V ~ .- 0-' ,'-"- ~ ~~' ~ 1f. ~~ D 0. -I:l CI ~ .,.-'" CJ0. V OJ C)J P 0-. -~ (jJ ~ n b C> ~ -x o _w_~_ _ ~ ~ >~, .,,'>~ -"' I '0'_' ~~,. ,"..'l'. ','_~ ~ ,"' "M.."~~_, ~__"~ "I Iii Iii .:1 11 !I I ! ! i 0 C) () C -n $: z: v 0:; Q1IT G") 'J.:l z::;~; j--- ~;~ G.i '-:~; ~:9 '2('-, r,;:C) ""? ~- ",' J>c -;??5 zc~ .':<'1. Pc ~ (~51Tl ~ Cl 5'~ ::0 f'0 -< ~ "~" ~_""~."",.k~,,,,~'~< - ,~ , ,,,,,,._,,,.1 -I ~ ~ ~ I ..0- '"~~.~?P- ---~._- PROPERTY SETTLEMENT AND SEPARATION AGREE-MENT THIS AGREEMENT made this l{p day of AMA/~ - 2001, between DENNIS CIECIERSKI, of 265 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Husband, A N D CHRISTINE B. CIECIERSKI, of 197 Acre Drive, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage nfl, January 6, 1979 in Carlisle, Pennsylvania: and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to No. 2001 _ /og,/ Civil Term. R.3: The parties' hereto desire to settle fully and finally their respective - financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, R4: The parties also desire to settle their issues of custody of their minor 1 ,~"''''''''J~__~ ~" ~~ - U"_~~ L I ' ~ ,~ . ~ . 'n___ ___,_n :~. -, '!'ft'I<t'<:" children, Drew Alexandra Ciecierski, born September 19, 1985, Morgan Elizabeth Ciecierski, born June 8, 1989, and Conner Brehm Ciecierski, born June 18, 1992, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. The parties have a child who has reached majority, Erin Ruth Ciecierski, born April 16, 1981. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action, and will execute and file the necessary documents to -.-- finalize the divorce after the expiration of ninety (90) days from the service of the Complaint and the moving party shall move for the entry of the divorce decree at that time. 2 ~~" ~~" ~,,,,,- ''''." ~ -. ~ I J." Ii ":~"l_"",:c 'L ,', ....,,1 ,- (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 197 Acre Drive, Carlisle, Pennsylvania. Within fifteen (15) days of the date of this Agreement, HUSBAND shall transfer to WIFE all his right, title and interest in the marital home by special warranty Deed. Said deed shall be held in escrow by WIFE's attorney until such time as the property is refinanced as set out below. WIFE shall pay for all household expenses including, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, WIFE hereby shall hold HUSBAND harmless and indemnify HUSBAND from any loss thereon. WIFE shall refinance said mortgage obligation within 45 days of the date of this agreement at which time the escrowed deed shall be released to her. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are martial or for which the other might be liable incurred prior to the signing of this Agreement, except the joint First USA Visa with a present balance of approximately $1,300.00. Husband shall pay the obligations to First USA Visa within 30 days of the date of this agreement by refinancing the obligation so that WIFE is no longer liable thereon. Pending the refinance, he shall make timely monthly payments in at least a minimum amount required by the creditor. Each party shall pay the outstanding joint debts as set forth herein and further 3 ~~". , - ,--,.'- '''''- .~ .' ~~" - . l.: - - I . " ~"~~,,",l~",' .- agrees to HUSBAND shall indemnify and hold WIFE harmless on account of any loss as a result of the First USA Visa. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on November 1999, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: WIFE shall retain the 1996 Ford Explorer and shall be solely and exclusively responsible for the payment of the lien on said vehicle, and shall indemnify and hold HUSBAND harmless on account of that lien. Within ten (10) days of the date of this Agreement, WIFE will refinance the vehicle so that HUSBAND is no longer liable thereon. In the meantime, WIFE hereby indemnifies and holds HUSBAND harmless on account of any lien by a creditor for the vehicle. In the event that WIFE will not qualify for a refinance of the vehicle, she will make each and every payment on the date due. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they 4 .. ~,." [..1 .J _. I ... I," I~". ... __"__ __. ."::" !ID$,."k mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. ..,. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Specifically, WIFE releases any and all interest which she may have in HUSBAND's Diamond Triumph Auto Glass, Inc. 401 (k) Plan in the apprOXimate amount on the date of separation of $26,560.00. (8) CUSTODY OF CHILDREN: The parties agree that legal custody of their minor children Drew Alexandra Ciecierski, born September 19, 1985, Morgan Elizabeth Ciecierski, born June 8, 1989, and Conner Brehm Ciecierski, born June 18, 1992, shall be joint, with both parties having the right to make major parenting decisions affecting the children's health, education and welfare. WIFE shall have primary physical custody of the children subject to HUSBAND's partial physical custody on alternating weekends and at such other times as the parties can agree. 5 -, .~ .- - I' .._ "'"~~ I ~ ~- '~ .: _ l~ ""~"""-. - (9) LIFE INSURANCE: The parties each are owners of a life insurance policy insuring the life of each with a death benefit of $100,000.00 each. The parties will maintain their term life insurance policies until the youngest of the parties' children attains 22 years of age and shall designate one another as the beneficiary, IN TRUST NEVERTHELESS, for the benefit of the parties' four children. Within thirty (30) days of the date of this Agreement, the parties will provide each to the other a copy of the Declaration page indicating the death benefit in the policy, a change of beneficiary designation indicating the beneficiary is the other party In Trust, and proof that the payments on the policy are current. The parties shall, from time to time, provide one to the other, upon the request of the other, proof that the insurance policies remain in effect. When the youngest of the parties' children attains 22 years of age, the obligation to maintain the insurance as set out shall cease. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, WIFE is represented by Carol J. Lindsay and HUSBAND has been advised that he may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered 6 - .- c~ 11" ~ 'L ., i "" L _ ~,.L.- J. ,_ _, U~,~ " ~::. -~- into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (14) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy 7 . " . II _ -, -_I -j , I"~ j- ~ -'" ~ aj:ilii{-'~. .- and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is speCifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for 8 "'. ,,,,1.- ."'" '. - "--'",- - '. .- past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; . (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and 9 "" ' '~ ,- n.1 , -, ; - . ~ I ~ - 'J -~-- "';'~ir7-:lili~.r", ---. '---"---~""~--" (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a .. court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute 10 II" I _" 'i .;...~I "". ~ ~--'----k divorce and shall be entirely independent thereof. (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: '- 46~v0- ~ r- ofi.'4) D i . cler i ~ ~~ .~I\.L ro ~'Cl.ffiJiU Christine B. Ciecierski - u itiir~!i~I&MtSlO1ill~~i&!4~~ffiJ4iii.w!mllk;:k~"\fW+~Mj~"jro<.,~;;"P~ji,!;lla.~,l~''''''~'lM1iN BJiIilI " -.8f$" - "" ,".N ~~,,"~'N,~",_~' ,,_, . , ~ .i- ,~. .~,~, ~,' - , o c ::7 < C'') c--:-' .:;, I r', ~ 1 -, C,} -:..~) C) ~ -:1 ,';"1 en ::( "' '''' ,.- . I '.", ,.. 'lI6Hi~ CHRISTINE B. CIECIERSKI, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 01 -1089 CIVIL TERM DENNIS CIECIERSKI, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) d391(el)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant, Dennis Ciecierski, March 17, 2001 and recorded March 21, 2001. 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 June 23, 2001; by the Defendant, June 25, 2001. (b) (1) Date ef e)(ea\,llieR of tRe Plaintiff's a#ielavil r-cquir=eel l;)y ScalieR 3301 (d) af tRe mior-ee Caele: (2) Dalc af seFYiee sf the PlaiRtiff's affidavit \,l138R tRc DefeRelaRl: _ 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: June 29, 2001 Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: June 29, 2001. Plaintiff ~~ill~!J(~~~d~!tJl!.lW!~m,,-~;ffi~Mili.~!,1tj!jl<j"ii1Mlilil&l;Wo,idli<tIl:l'~~flii,4.ill~1;',i'a~' ""~,,,~ .-- ,. ~~"" < Jil1*Ii..II.1OOi! ". .>oJ -Wl~"= -'It!K-'-'"'i~ ,', ..--<. ~<-" <~ ,~, . ) I I n ~. (:~" ~ .--'1 '-- ~~ \;;1;~: ' ;~ V~ -<e:. r:-_:~ :':- ;',,) -;-' 7-., .-, }?~ ::;! D ':::."' -,:\ - (J"\ ,. :~ ~ ~",- "